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Sen. Kirk W. Dillard
Filed: 3/11/2005
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LRB094 11340 RSP 43633 a |
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| AMENDMENT TO SENATE BILL 1787
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| AMENDMENT NO. ______. Amend Senate Bill 1787 by replacing |
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| everything after the enacting clause with the following:
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| "Section 5. The Environmental Protection Act is amended by |
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| changing Section 57.2 as follows:
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| (415 ILCS 5/57.2)
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| Sec. 57.2. Definitions. As used in this Title:
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| "Audit" means a systematic inspection or examination of |
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| plans, reports,
records, or documents to determine the |
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| completeness and accuracy of the data
and
conclusions contained |
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| therein.
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| "Bodily injury" means bodily injury, sickness, or disease |
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| sustained by a
person, including death at any time, resulting |
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| from a release of petroleum from
an underground storage tank.
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| "Release" means any spilling, leaking, emitting, |
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| discharging,
escaping, leaching or disposing of petroleum from |
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| an underground storage tank
into groundwater, surface water or |
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| subsurface soils.
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| "Fill material" means non-native or disturbed materials |
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| used to bed and
backfill around an underground storage tank.
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| "Fund" means the Underground Storage Tank Fund.
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| "Heating Oil" means petroleum that is No. 1, No. 2, No. 4 - |
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| light, No. 4 -
heavy, No. 5 - light, No. 5 - heavy or No. 6 |
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| technical grades of fuel oil; and
other residual fuel oils |
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LRB094 11340 RSP 43633 a |
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| including Navy Special Fuel Oil and Bunker C.
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| "Indemnification" means indemnification of an owner or |
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| operator for the
amount of any judgment entered against the |
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| owner or operator in a court of law,
for the amount of any |
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| final order or determination made against the owner or
operator |
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| by an agency of State government or any subdivision thereof, or |
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| for
the amount of any settlement entered into by the owner or |
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| operator, if the
judgment, order, determination, or settlement |
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| arises out of bodily injury or
property damage suffered as a |
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| result of a release of petroleum from an
underground storage |
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| tank owned or operated by the owner or operator.
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| "Corrective action" means activities associated with |
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| compliance with the
provisions of Sections 57.6 and 57.7 of |
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| this Title.
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| "Occurrence" means an accident, including continuous or |
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| repeated exposure
to conditions, that results in a sudden or |
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| nonsudden release from an
underground storage tank.
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| When used in connection with, or when otherwise relating |
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| to, underground
storage tanks, the terms "facility", "owner", |
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| "operator", "underground storage
tank", "(UST)", "petroleum" |
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| and "regulated substance" shall have the meanings
ascribed to |
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| them in Subtitle I of the Hazardous and Solid Waste Amendments |
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| of
1984 (P.L. 98-616), of the Resource Conservation and |
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| Recovery Act of 1976 (P.L.
94-580); provided however that the |
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| term "underground storage tank" shall also
mean an underground |
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| storage tank used exclusively to store heating oil for
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| consumptive use on the premises where stored and which serves |
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| other than a farm
or residential unit; provided further however |
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| that the term "owner" shall also mean any person who has |
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| submitted to the Agency a written election to proceed under |
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| this Title and has acquired an ownership interest in a site on |
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| which one or more registered tanks have been removed, but on |
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| which corrective action has not yet resulted in the issuance of |
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| a "no further remediation letter" by the Agency pursuant to |
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LRB094 11340 RSP 43633 a |
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| this Title.
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| "Licensed Professional Engineer" means a person, |
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| corporation, or
partnership licensed under the laws of the |
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| State of Illinois to practice
professional engineering.
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| "Licensed Professional Geologist" means a person licensed |
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| under the laws of
the State of Illinois to practice as a |
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| professional geologist.
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| "Site" means any single location, place, tract of land or |
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| parcel
of property including contiguous property not separated |
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| by a public
right-of-way.
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| "Site investigation" means activities associated with |
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| compliance with the
provisions of subsection (a) of Section |
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| 57.7.
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| "Property damage" means physical injury to, destruction |
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| of, or contamination
of tangible property, including all |
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| resulting loss of use of that property; or
loss of use of |
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| tangible property that is not physically injured, destroyed, or
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| contaminated, but has been evacuated, withdrawn from use, or |
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| rendered
inaccessible because of a release of petroleum from an |
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| underground storage
tank.
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| "Class I Groundwater" means groundwater that meets the |
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| Class I: Potable
Resource Groundwater criteria set forth in the |
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| Board regulations adopted
pursuant to the Illinois Groundwater |
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| Protection Act.
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| "Class III Groundwater" means groundwater that meets the |
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| Class III: Special
Resource Groundwater criteria set forth in |
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| the Board regulations adopted
pursuant to the Illinois |
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| Groundwater Protection Act.
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| (Source: P.A. 92-554, eff. 6-24-02; 92-735, eff. 7-25-02; |
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| revised 9-9-02.)".
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