Rep. Joe Dunn
Filed: 3/31/2004
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1 | AMENDMENT TO HOUSE BILL 5960
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2 | AMENDMENT NO. ______. Amend House Bill 5960 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Environmental Protection Act is amended by | ||||||
5 | changing Section 25b-2 and by adding Sections 25d-1, 25d-2, | ||||||
6 | 25d-3, 25d-4, and 25d-5 as follows:
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7 | (415 ILCS 5/25b-2) (from Ch. 111 1/2, par. 1025b-2)
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8 | Sec. 25b-2. (a) Facilities which are required to file toxic | ||||||
9 | chemical
release forms with the State pursuant to Section 313 | ||||||
10 | of the federal
Emergency Planning and Community Right-to-Know | ||||||
11 | Act of 1986 shall file such
forms with the Illinois | ||||||
12 | Environmental Protection Agency.
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13 | (b) Beginning October 1, 2004, the Agency shall make | ||||||
14 | available, through its website, a searchable database of all | ||||||
15 | toxic chemical release forms it has received pursuant to | ||||||
16 | Section 313 of the federal Emergency Planning and Community | ||||||
17 | Right-to-Know Act of 1986 and shall make available, through its | ||||||
18 | website, the United States Environmental Protection Agency's | ||||||
19 | searchable data bases identifying listed locations where the | ||||||
20 | presence of hazardous substances have been identified pursuant | ||||||
21 | to the federal Comprehensive Environmental Response | ||||||
22 | Compensation and Liability Act (CERCLA) either in the CERCLA | ||||||
23 | Information System list or the National Contingency Plan list, | ||||||
24 | pursuant to 40 CFR Part 300. Furthermore, the
The Agency shall |
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1 | make toxic chemical release forms available to
the public for | ||||||
2 | inspection and copying during regular business hours and,
upon | ||||||
3 | written request, shall send copies of such forms by mail to any
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4 | resident of the State.
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5 | (Source: P.A. 85-927.)
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6 | (415 ILCS 5/25d-1 new) | ||||||
7 | Sec. 25d-1. Notification of violations of the Act. | ||||||
8 | (a) Whenever the Agency issues a notice pursuant to Section | ||||||
9 | 31 of this Act and as a result of any spilling, leaking, | ||||||
10 | pumping, pouring, emitting, emptying, discharging, injecting, | ||||||
11 | escaping, leaching, dumping, or disposing into the environment | ||||||
12 | any of the items listed in item (2)(A) of subsection (b) | ||||||
13 | subsequently initiates an enforcement action or enters into a | ||||||
14 | Compliance Commitment Agreement, as defined by Title VII of | ||||||
15 | this Act, it shall post information regarding the enforcement | ||||||
16 | action or Compliance Commitment Agreement on its website. | ||||||
17 | (b) The information shall be posted on the website within | ||||||
18 | 30 days after when the Agency initiates the enforcement action | ||||||
19 | or enters into a Compliance Commitment Agreement. The | ||||||
20 | information shall contain, at a minimum, the following: | ||||||
21 | (1) The address and physical description of the site or | ||||||
22 | sites subject to the enforcement action or Compliance | ||||||
23 | Commitment Agreement; and | ||||||
24 | (2) A brief description of the events alleged to have | ||||||
25 | occurred that led to an enforcement action or entering into | ||||||
26 | a Compliance Commitment Agreement, including, but not | ||||||
27 | limited to: | ||||||
28 | (A) the presence of any waste, special waste, | ||||||
29 | potentially infectious medical waste, pollution | ||||||
30 | control waste, industrial process waste, hazardous | ||||||
31 | waste, hazardous substance, or contaminant; and | ||||||
32 | (B) whether there was any spilling, leaking, | ||||||
33 | pumping, pouring, emitting, emptying, discharging, |
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1 | injecting, escaping, leaching, dumping, or disposing | ||||||
2 | any of the items listed in item (A) above into or onto | ||||||
3 | the land, water, or air. | ||||||
4 | (3) The case number of the enforcement action. | ||||||
5 | (c) Whenever the Agency issues a notice pursuant to Section | ||||||
6 | 31 of this Act and as a result of any spilling, leaking, | ||||||
7 | pumping, pouring, emitting, emptying, discharging, injecting, | ||||||
8 | escaping, leaching, dumping, or disposing into the environment | ||||||
9 | of any of the items listed in item (2)(A) of subsection (b) | ||||||
10 | subsequently initiates an enforcement action or enters into a | ||||||
11 | Compliance Commitment Agreement, as defined by Title VII of | ||||||
12 | this Act, the Agency shall give notice to all households and | ||||||
13 | businesses within 2,500 feet of the site subject to the | ||||||
14 | enforcement action or a Compliance Commitment Agreement. | ||||||
15 | Notice shall occur within 60 days after the date that the | ||||||
16 | Agency initiates an enforcement action or enters into a | ||||||
17 | Compliance Commitment Agreement. Notice shall be given, at a | ||||||
18 | minimum, by direct mailing to households and businesses and by | ||||||
19 | notice in a local newspaper of general circulation. The notice | ||||||
20 | shall contain information similar to that called for in | ||||||
21 | subsection (b) above. The duties of this subsection are in | ||||||
22 | addition to the duties required by subsection (b). | ||||||
23 | (415 ILCS 5/25d-2 new) | ||||||
24 | Sec. 25d-2. Notification of remedial actions. | ||||||
25 | (a) Whenever the Agency first becomes aware of a site or | ||||||
26 | sites undergoing remedial action, as defined by Title XVII of | ||||||
27 | this Act, it shall post information regarding the remedial | ||||||
28 | action on its website. | ||||||
29 | (b) The information shall be posted on the website within | ||||||
30 | 30 days after the date that the Agency first becomes aware of | ||||||
31 | the remedial action. The information shall contain, at a | ||||||
32 | minimum, the following: | ||||||
33 | (1) The address and physical description of the site or |
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1 | sites undergoing remedial action; | ||||||
2 | (2) A brief description of the events alleged to have | ||||||
3 | occurred that led to an enforcement action or entering into | ||||||
4 | a Compliance Commitment Agreement, including, but not | ||||||
5 | limited to: | ||||||
6 | (A) the presence of any waste, special waste, | ||||||
7 | potentially infectious medical waste, pollution | ||||||
8 | control waste, industrial process waste, hazardous | ||||||
9 | waste, hazardous substance, or contaminant; and | ||||||
10 | (B) whether there was any spilling, leaking, | ||||||
11 | pumping, pouring, emitting, emptying, discharging, | ||||||
12 | injecting, escaping, leaching, dumping, or disposing | ||||||
13 | of any of the items listed in item (A) above into or | ||||||
14 | onto the land, water, or air; and | ||||||
15 | (3) The case number of the remedial action. | ||||||
16 | (c) Whenever the Agency first becomes aware of a site or | ||||||
17 | sites undergoing remedial action, as defined by to Title XVII | ||||||
18 | of this Act, the Agency shall give notice to all households and | ||||||
19 | businesses within 2,500 feet of the site subject to the | ||||||
20 | remedial action. Notice must occur within 60 days after the | ||||||
21 | date that the Agency first becomes aware of a site or sites | ||||||
22 | undergoing remedial action, as defined by Title XVII of this | ||||||
23 | Act. Notice shall be given, at a minimum, by direct mailing to | ||||||
24 | households and businesses and by notice in a local newspaper of | ||||||
25 | general circulation. The notice shall contain information | ||||||
26 | similar to that called for in subsection (b) above. The duties | ||||||
27 | of this subsection are in addition to the duties required by | ||||||
28 | subsection (b) above.
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29 | (415 ILCS 5/25d-3 new) | ||||||
30 | Sec. 25d-3. Notification of federal actions. | ||||||
31 | (a) Whenever the Agency becomes aware, pursuant to | ||||||
32 | notification required by the federal Comprehensive | ||||||
33 | Environmental Response Compensation and Liability Act |
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1 | (CERCLA), 42 U.S.C. §§ 9603(a) and 9603(c), pursuant to actions | ||||||
2 | undertaken under CERCLA, 42 U.S.C. § 9604(a) or listing | ||||||
3 | pursuant to the National Contingency Plan, or pursuant to any | ||||||
4 | action for judicial relief undertaken pursuant to the federal | ||||||
5 | Solid Waste Act, 42 U.S.C. §§ 6973 or 6972(a), of the existence | ||||||
6 | of the presence of a contaminant or hazardous substance that | ||||||
7 | may pose an imminent or substantial endangerment to human | ||||||
8 | health or the environment, then the Agency shall give notice to | ||||||
9 | all households and businesses within 2,500 feet of the | ||||||
10 | contamination. Notice shall be given, at a minimum, by direct | ||||||
11 | mailing to households and businesses, posting on the Agency's | ||||||
12 | website, and notice in a local newspaper of general | ||||||
13 | circulation. | ||||||
14 | (b) The notice must contain, at a minimum, the following: | ||||||
15 | (1) The address and physical description of the site or | ||||||
16 | sites undergoing remedial or removal action or for which | ||||||
17 | remedial or removal action is sought; | ||||||
18 | (2) A brief description of the circumstances alleged to | ||||||
19 | be present that led to the remedial action or listing for | ||||||
20 | enforcement action, including, but not limited to: | ||||||
21 | (A) the presence of any waste, special waste, | ||||||
22 | potentially infectious medical waste, pollution | ||||||
23 | control waste, industrial process waste, hazardous | ||||||
24 | waste, hazardous substance, or contaminant; and | ||||||
25 | (B) whether there was any spilling, leaking, | ||||||
26 | pumping, pouring, emitting, emptying, discharging, | ||||||
27 | injecting, escaping, leaching, dumping, or disposing | ||||||
28 | any of the items listed in item (A) above into or onto | ||||||
29 | the land, water, or air; and | ||||||
30 | (3) Information regarding any potential adverse health | ||||||
31 | effects posed by the contamination.
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32 | (415 ILCS 5/25d-4 new) | ||||||
33 | Sec. 25d-4. Notification of other contamination. |
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1 | (a) Whenever the Agency has confirmed, through sound | ||||||
2 | scientific methods, the presence of an environmental | ||||||
3 | contaminant that exceeds the applicable federal or State health | ||||||
4 | and safety standards and that may pose an imminent or | ||||||
5 | substantial endangerment to human health or the environment, | ||||||
6 | then the Agency shall give notice to all households and | ||||||
7 | businesses within 2,500 feet of the contamination. Notice shall | ||||||
8 | be given, at a minimum, by direct mailing to households and | ||||||
9 | businesses, posting on the Agency's website, and notice in a | ||||||
10 | local newspaper of general circulation. | ||||||
11 | (b) The notice shall contain, at a minimum, the following: | ||||||
12 | (1) The address and physical description of the site or | ||||||
13 | sites undergoing remedial action; | ||||||
14 | (2) A brief description of the events alleged to have | ||||||
15 | occurred that led to the remedial action, including, but | ||||||
16 | not limited to: | ||||||
17 | (A) the presence of any waste, special waste, | ||||||
18 | potentially infectious medical waste, pollution | ||||||
19 | control waste, industrial process waste, hazardous | ||||||
20 | waste, hazardous substance, or contaminant; and | ||||||
21 | (B) whether there was any spilling, leaking, | ||||||
22 | pumping, pouring, emitting, emptying, discharging, | ||||||
23 | injecting, escaping, leaching, dumping, or disposing | ||||||
24 | any of the items listed in item (A) above into or onto | ||||||
25 | the land, water, or air; and | ||||||
26 | (c) Information regarding any potential adverse health | ||||||
27 | effects posed by the contamination. | ||||||
28 | (d) The requirements of this Section shall not apply in | ||||||
29 | instances where the Agency has already given notice under | ||||||
30 | Sections 25d-1, 25d-2, or 25d-3.
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31 | (415 ILCS 5/25d-5 new) | ||||||
32 | Sec. 25d-5. Liability. The Agency is not liable for the | ||||||
33 | accuracy, availability, or use of the information provided |
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1 | under Sections 25d-1, 25d-2, 25d-3, or 25d-4.
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2 | Section 99. Effective date. This Act takes effect upon | ||||||
3 | becoming law.".
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