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93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004
HB4547
Introduced 02/03/04, by Thomas Holbrook SYNOPSIS AS INTRODUCED:
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Amends the Environmental Protection Act. Provides that a person may not use,
cause the use of, or
allow the use of (instead of "use") any site, for which a land use
limitation has been imposed, in a manner that is inconsistent with that
limitation unless certain conditions have been met. Effective immediately.
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A BILL FOR
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HB4547 |
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LRB093 13516 BDD 40189 b |
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| AN ACT concerning environmental protection.
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| Be it enacted by the People of the State of Illinois, |
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| represented in the General Assembly:
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| Section 5. The Environmental Protection Act is amended by |
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| changing
Section 58.8 as follows:
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| (415 ILCS 5/58.8)
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| Sec. 58.8. Duty to record; compliance.
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| (a) The RA receiving a No Further Remediation Letter from |
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| the Agency
pursuant to Section 58.10, shall submit the letter |
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| to the Office of the
Recorder or the Registrar of Titles of the |
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| county in which the site is located
within 45 days of receipt |
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| of the letter. The Office of the Recorder or
the Registrar of |
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| Titles shall accept and record that letter in accordance with
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| Illinois law so that it forms a permanent part of the chain of |
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| title for the
site.
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| (b) A No Further Remediation Letter shall not become |
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| effective until
officially recorded in accordance with |
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| subsection (a) of this Section.
The RA shall obtain and submit |
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| to the Agency a certified copy of the
No Further Remediation |
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| Letter as recorded.
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| (c) No person may use, cause the use of, or allow the use |
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| of
At no
time shall any site
for which a land use limitation |
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| has been
imposed as a result of remediation activities under |
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| this Title be used in a
manner inconsistent with the land use |
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| limitation unless further investigation
or remedial action has |
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| been conducted that documents the attainment of
objectives |
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| appropriate for the new land use and a new No Further
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| Remediation Letter is obtained and recorded in accordance with |
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| this Title.
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| (d) In the event that a No Further Remediation Letter |
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| issues by operation of
law pursuant to Section 58.10, the RA |
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| may, for purposes of this Section, file
an affidavit stating |