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