95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008
SB2390

 

Introduced 2/14/2008, by Sen. Matt Murphy

 

SYNOPSIS AS INTRODUCED:
 
415 ILCS 5/57.7

    Amends a Section of the Environmental Protection Act involving Petroleum Underground Storage Tanks. Provides that site investigation completion reports must be made available, upon request, to any person with an ownership interest in a remediation site or the property on which the remediation site is located. Makes changes to the remediation process, including requiring public hearings, when remediation objectives have not been achieved within the specified time period. Provides that if all applicable remediation objectives have not been achieved at a site within 10 years after completion of the site investigation, the Agency, in collaboration with the Board, must hold a public hearing to determine whether the responsible owner or operator will either (i) pay the Agency to conduct the proper corrective action or (ii) purchase the site from the current site owner for the site's fair market value. Effective immediately.


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FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

SB2390 LRB095 14794 CMK 41104 b

1     AN ACT concerning safety.
 
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
 
4     Section 5. The Environmental Protection Act is amended by
5 changing Section 57.7 as follows:
 
6     (415 ILCS 5/57.7)
7     Sec. 57.7. Leaking underground storage tanks; site
8 investigation and corrective action.
9     (a) Site investigation.
10         (1) For any site investigation activities required by
11     statute or rule, the owner or operator shall submit to the
12     Agency for approval a site investigation plan designed to
13     determine the nature, concentration, direction of
14     movement, rate of movement, and extent of the contamination
15     as well as the significant physical features of the site
16     and surrounding area that may affect contaminant transport
17     and risk to human health and safety and the environment.
18         (2) Any owner or operator intending to seek payment
19     from the Fund shall submit to the Agency for approval a
20     site investigation budget that includes, but is not limited
21     to, an accounting of all costs associated with the
22     implementation and completion of the site investigation
23     plan.

 

 

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1         (3) Remediation objectives for the applicable
2     indicator contaminants shall be determined using the
3     tiered approach to corrective action objectives rules
4     adopted by the Board pursuant to this Title and Title XVII
5     of this Act. For the purposes of this Title, "Contaminant
6     of Concern" or "Regulated Substance of Concern" in the
7     rules means the applicable indicator contaminants set
8     forth in subsection (d) of this Section and the rules
9     adopted thereunder.
10         (4) Upon the Agency's approval of a site investigation
11     plan, or as otherwise directed by the Agency, the owner or
12     operator shall conduct a site investigation in accordance
13     with the plan.
14         (5) Within 30 days after completing the site
15     investigation, the owner or operator shall submit to the
16     Agency for approval a site investigation completion
17     report. At a minimum the report shall include all of the
18     following:
19             (A) Executive summary.
20             (B) Site history.
21             (C) Site-specific sampling methods and results.
22             (D) Documentation of all field activities,
23         including quality assurance.
24             (E) Documentation regarding the development of
25         proposed remediation objectives.
26             (F) Interpretation of results.

 

 

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1             (G) Conclusions.
2         (6) Any report submitted to the Agency under this
3     Section must be made available, upon request, to any person
4     with an ownership interest in the site or the property on
5     which the site is located. For the purpose of this
6     subsection (a), "ownership interest" has the same meaning
7     as provided in Section 21-285 of the Property Tax Code.
8     (b) Corrective action.
9         (1) If the site investigation confirms none of the
10     applicable indicator contaminants exceed the proposed
11     remediation objectives, within 30 days after completing
12     the site investigation the owner or operator shall submit
13     to the Agency for approval a corrective action completion
14     report in accordance with this Section.
15         (2) If any of the applicable indicator contaminants
16     exceed the remediation objectives approved for the site,
17     within 30 days after the Agency approves the site
18     investigation completion report the owner or operator
19     shall submit to the Agency for approval a corrective action
20     plan designed to mitigate any threat to human health, human
21     safety, or the environment resulting from the underground
22     storage tank release. The plan shall describe the selected
23     remedy and evaluate its ability and effectiveness to
24     achieve the remediation objectives approved for the site.
25     At a minimum, the report shall include all of the
26     following:

 

 

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1             (A) Executive summary.
2             (B) Statement of remediation objectives.
3             (C) Remedial technologies selected.
4             (D) Confirmation sampling plan.
5             (E) Current and projected future use of the
6         property.
7             (F) Applicable preventive, engineering, and
8         institutional controls including long-term
9         reliability, operating, and maintenance plans, and
10         monitoring procedures.
11             (G) A schedule for implementation and completion
12         of the plan.
13         (3) Any owner or operator intending to seek payment
14     from the Fund shall submit to the Agency for approval a
15     corrective action budget that includes, but is not limited
16     to, an accounting of all costs associated with the
17     implementation and completion of the corrective action
18     plan.
19         (4) Upon the Agency's approval of a corrective action
20     plan, or as otherwise directed by the Agency, the owner or
21     operator shall proceed with corrective action in
22     accordance with the plan.
23         (5) Within 30 days after the completion of a corrective
24     action plan that achieves applicable remediation
25     objectives the owner or operator shall submit to the Agency
26     for approval a corrective action completion report. The

 

 

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1     report shall demonstrate whether corrective action was
2     completed in accordance with the approved corrective
3     action plan and whether the remediation objectives
4     approved for the site, as well as any other requirements of
5     the plan, have been achieved.
6         (6) If within 4 years after the approval of any
7     corrective action plan the applicable remediation
8     objectives have not been achieved and the owner or operator
9     has not submitted a corrective action completion report,
10     the owner or operator must submit a status report for
11     Agency review. The status report must include, but is not
12     limited to, a description of the remediation activities
13     taken to date, the effectiveness of the method of
14     remediation being used, the likelihood of meeting the
15     applicable remediation objectives using the current method
16     of remediation, and the date the applicable remediation
17     objectives are expected to be achieved. The status report
18     must be evaluated by the Agency and made available to the
19     public on the Agency's Internet website no less than 30
20     days before a public hearing is held to determine whether
21     the owner or operator may continue remediation efforts
22     under the current corrective action plan for the site. Any
23     public hearing conducted under this item (6) must be held
24     in the municipality nearest the remediation site.
25         (7) If the Agency determines any approved corrective
26     action plan will not achieve applicable remediation

 

 

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1     objectives within 10 years after completion of the site
2     investigation a reasonable time, based upon the method of
3     remediation and site specific circumstances, the Agency
4     may require the owner or operator to submit to the Agency
5     for approval a revised corrective action plan. If the owner
6     or operator intends to seek payment from the Fund, the
7     owner or operator must also submit a revised budget.
8         (8) If all applicable remediation objectives have not
9     been achieved at a site within 10 years after completion of
10     the site investigation, the Agency, in collaboration with
11     the Board, must hold a public hearing to determine whether
12     the responsible owner or operator will either (i) pay the
13     Agency to conduct the proper corrective action or (ii)
14     purchase the site from the current site owner for the
15     site's fair market value. If the Agency proceeds under item
16     (i), the Agency must complete the proper corrective action
17     within 2 years after the public hearing under this
18     paragraph.
19     (c) Agency review and approval.
20         (1) Agency approval of any plan and associated budget,
21     as described in this subsection (c), shall be considered
22     final approval for purposes of seeking and obtaining
23     payment from the Underground Storage Tank Fund if the costs
24     associated with the completion of any such plan are less
25     than or equal to the amounts approved in such budget.
26         (2) In the event the Agency fails to approve,

 

 

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1     disapprove, or modify any plan or report submitted pursuant
2     to this Title in writing within 120 days of the receipt by
3     the Agency, the plan or report shall be considered to be
4     rejected by operation of law for purposes of this Title and
5     rejected for purposes of payment from the Underground
6     Storage Tank Fund.
7             (A) For purposes of those plans as identified in
8         paragraph (5) of this subsection (c), the Agency's
9         review may be an audit procedure. Such review or audit
10         shall be consistent with the procedure for such review
11         or audit as promulgated by the Board under Section
12         57.14. The Agency has the authority to establish an
13         auditing program to verify compliance of such plans
14         with the provisions of this Title.
15             (B) For purposes of corrective action plans
16         submitted pursuant to subsection (b) of this Section
17         for which payment from the Fund is not being sought,
18         the Agency need not take action on such plan until 120
19         days after it receives the corrective action
20         completion report required under subsection (b) of
21         this Section. In the event the Agency approved the
22         plan, it shall proceed under the provisions of this
23         subsection (c).
24         (3) In approving any plan submitted pursuant to
25     subsection (a) or (b) of this Section, the Agency shall
26     determine, by a procedure promulgated by the Board under

 

 

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1     Section 57.14, that the costs associated with the plan are
2     reasonable, will be incurred in the performance of site
3     investigation or corrective action, and will not be used
4     for site investigation or corrective action activities in
5     excess of those required to meet the minimum requirements
6     of this Title.
7         (4) For any plan or report received after June 24,
8     2002, any action by the Agency to disapprove or modify a
9     plan submitted pursuant to this Title shall be provided to
10     the owner or operator in writing within 120 days of the
11     receipt by the Agency or, in the case of a site
12     investigation plan or corrective action plan for which
13     payment is not being sought, within 120 days of receipt of
14     the site investigation completion report or corrective
15     action completion report, respectively, and shall be
16     accompanied by:
17             (A) an explanation of the Sections of this Act
18         which may be violated if the plans were approved;
19             (B) an explanation of the provisions of the
20         regulations, promulgated under this Act, which may be
21         violated if the plan were approved;
22             (C) an explanation of the specific type of
23         information, if any, which the Agency deems the
24         applicant did not provide the Agency; and
25             (D) a statement of specific reasons why the Act and
26         the regulations might not be met if the plan were

 

 

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1         approved.
2         Any action by the Agency to disapprove or modify a plan
3     or report or the rejection of any plan or report by
4     operation of law shall be subject to appeal to the Board in
5     accordance with the procedures of Section 40. If the owner
6     or operator elects to incorporate modifications required
7     by the Agency rather than appeal, an amended plan shall be
8     submitted to the Agency within 35 days of receipt of the
9     Agency's written notification.
10         (5) For purposes of this Title, the term "plan" shall
11     include:
12             (A) Any site investigation plan submitted pursuant
13         to subsection (a) of this Section;
14             (B) Any site investigation budget submitted
15         pursuant to subsection (a) of this Section;
16             (C) Any corrective action plan submitted pursuant
17         to subsection (b) of this Section; or
18             (D) Any corrective action plan budget submitted
19         pursuant to subsection (b) of this Section.
20     (d) For purposes of this Title, the term "indicator
21 contaminant" shall mean, unless and until the Board promulgates
22 regulations to the contrary, the following: (i) if an
23 underground storage tank contains gasoline, the indicator
24 parameter shall be BTEX and Benzene; (ii) if the tank contained
25 petroleum products consisting of middle distillate or heavy
26 ends, then the indicator parameter shall be determined by a

 

 

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1 scan of PNA's taken from the location where contamination is
2 most likely to be present; and (iii) if the tank contained used
3 oil, then the indicator contaminant shall be those chemical
4 constituents which indicate the type of petroleum stored in an
5 underground storage tank. All references in this Title to
6 groundwater objectives shall mean Class I groundwater
7 standards or objectives as applicable.
8     (e) (1) Notwithstanding the provisions of this Section, an
9     owner or operator may proceed to conduct site investigation
10     or corrective action prior to the submittal or approval of
11     an otherwise required plan. If the owner or operator elects
12     to so proceed, an applicable plan shall be filed with the
13     Agency at any time. Such plan shall detail the steps taken
14     to determine the type of site investigation or corrective
15     action which was necessary at the site along with the site
16     investigation or corrective action taken or to be taken, in
17     addition to costs associated with activities to date and
18     anticipated costs.
19         (2) Upon receipt of a plan submitted after activities
20     have commenced at a site, the Agency shall proceed to
21     review in the same manner as required under this Title. In
22     the event the Agency disapproves all or part of the costs,
23     the owner or operator may appeal such decision to the
24     Board. The owner or operator shall not be eligible to be
25     reimbursed for such disapproved costs unless and until the
26     Board determines that such costs were eligible for payment.

 

 

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1     (f) All investigations, plans, and reports conducted or
2 prepared under this Section shall be conducted or prepared
3 under the supervision of a licensed professional engineer and
4 in accordance with the requirements of this Title.
5 (Source: P.A. 95-331, eff. 8-21-07.)
 
6     Section 99. Effective date. This Act takes effect upon
7 becoming law.