Bill Status of SB 2982   94th General Assembly

Short Description:  EPA-RESPONSE LAND USE CONTROLS

Senate Sponsors
Sen. James F. Clayborne, Jr.

Last Action  View All Actions

DateChamber Action
  1/9/2007SenateSession Sine Die

Statutes Amended In Order of Appearance
415 ILCS 5/39.2from Ch. 111 1/2, par. 1039.2
415 ILCS 5/Tit. XVII-A heading new
415 ILCS 5/58a-1 new
415 ILCS 5/58a-2 new
415 ILCS 5/58a-3 new
415 ILCS 5/58a-4 new
415 ILCS 5/58a-5 new
415 ILCS 5/58a-6 new
415 ILCS 5/58a-7 new
415 ILCS 5/58a-8 new
415 ILCS 115/Act rep.

Synopsis As Introduced
Amends the Environmental Protection Act. In a Section prescribing standards for granting local siting approval for a pollution control facility, requires those facilities that are not exempt through non-conforming use and other specified exemptions to be in compliance with the applicable land use restrictions in effect as of the date the application for siting approval is filed. Authorizes the Agency to impose a Response Action Land Use Control (RALUC) on real property for land use limitations or requirements related to environmental contamination. Provides that activities or uses that may be limited or required include, but are not limited to, prohibition of the use of groundwater for potable purposes, restriction to industrial or commercial uses, operation or maintenance of engineered barriers, and worker safety plans. Sets forth circumstances in which RALUCs may be used. Prohibits property for which a RALUC has been issued from being used in a manner inconsistent with any land use controls in the RALUC. Provides that a RALUC shall remain in effect in perpetuity unless modified or terminated by the Agency. Sets forth certain elements that must be contained in a RALUC. Requires the RALUC to be recorded in the Office of the Recorder or Registrar of Titles for the county in which the property that is the subject of the RALUC is located. Authorizes civil actions for injunctive or other equitable relief for violation of a RALUC to be maintained by the Agency, State, U.S. Environmental Protection Agency, a municipality or other unit of local government where the real property subject to the RALUC is located, any person to whom the RALUC expressly grants power to enforce, and any person whose interest in the real property or whose collateral or liability may be affected by the alleged violation of the RALUC. Repeals the Illinois Pollution Prevention Act. Makes other changes. Effective immediately.

Actions 
DateChamber Action
  1/20/2006SenateFiled with Secretary by Sen. James F. Clayborne, Jr.
  1/20/2006SenateFirst Reading
  1/20/2006SenateReferred to Rules
  1/9/2007SenateSession Sine Die

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