|
| | 97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012 HB0250 Introduced 01/25/11, by Rep. Thomas Holbrook SYNOPSIS AS INTRODUCED: |
| 415 ILCS 5/58.1 | | 415 ILCS 5/58.2 | | 415 ILCS 5/58.9 | | 415 ILCS 5/58.10 | |
| Amends the Environmental Protection Act concerning the Site Remediation Program. Provides that certain limitations on liability and cost recovery for site remediation do not apply to sites: (i) that are subject to any remediation or remedial activity regulated under a State program authorized, approved, or delegated pursuant to any federal environmental statute or (ii) that do not qualify to participate in the Site Remediation Program. Provides that sites that are subject to post-closure, corrective action, or remediation requirements under certain federal or State solid hazardous waste laws do not qualify to participate in the Site Remediation Program. Specifies that a definition of "remedial action" applies only in the context of the Site Remediation Program. Provides that the Pollution Control Board may (now, "shall") adopt rules concerning liability for certain remedial actions following the release of a regulated substance. Provides that the Environmental Protection Agency's issuance of a No Further Remediation Letter to a site that is eligible for the Site Remediation Program (and not simply any site) signifies a release from further responsibilities. Makes other changes. Effective immediately.
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| | | FISCAL NOTE ACT MAY APPLY | |
| | A BILL FOR |
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1 | | AN ACT concerning safety.
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2 | | Be it enacted by the People of the State of Illinois,
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3 | | represented in the General Assembly:
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4 | | Section 5. The Environmental Protection Act is amended by |
5 | | changing Sections 58.1, 58.2, 58.9, and 58.10 as follows:
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6 | | (415 ILCS 5/58.1)
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7 | | Sec. 58.1. Applicability.
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8 | | (a) (1) This Title establishes the procedures for the |
9 | | investigative and
remedial activities at sites where there is a |
10 | | release, threatened release, or
suspected release of hazardous |
11 | | substances, pesticides, or petroleum and for the
review and |
12 | | approval of those activities.
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13 | | (2) (A) Except as provided in subparagraph (B), any Any |
14 | | person, including persons required to perform investigations |
15 | | and
remediations under this Act, may elect to proceed under the |
16 | | Site Remediation Program. |
17 | | (B) A site is prohibited from participating in the Site |
18 | | Remediation Program if: this Title unless (i)
the site is on |
19 | | the National Priorities List (Appendix B of 40 CFR 300) ; , (ii)
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20 | | the site is a treatment, storage, or disposal site for which a |
21 | | permit has been
issued, or that is subject to closure , |
22 | | post-closure, corrective action, or remediation requirements |
23 | | under federal or State solid
or hazardous waste laws ; , (iii) |
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1 | | the site is subject to federal or State
underground storage |
2 | | tank laws ; , or (iv) investigation or remedial action at
the |
3 | | site has been required by a federal court order or an order |
4 | | issued by the
United States Environmental Protection Agency. To |
5 | | the extent allowed by
federal law and regulations, the sites |
6 | | listed under items (i), (ii), (iii), and
(iv) may utilize the |
7 | | provisions of the Site Remediation Program this Title , |
8 | | including the procedures for
establishing risk-based |
9 | | remediation objectives under Section 58.5.
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10 | | (b) Except for sites excluded under subdivision (a) (2) of |
11 | | this Section,
the Remediation Applicant (RA) for any site that |
12 | | has not received an Agency
letter under subsection (y) of |
13 | | Section 4 of this Act may elect to proceed under
the provisions |
14 | | of this Title by submitting a written statement of the election
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15 | | to the Agency. In the absence of such election, the RA shall |
16 | | continue under
the provisions of this Act as applicable prior |
17 | | to the effective date of this
amendatory Act of 1995.
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18 | | (c) Except for sites excluded under subdivision (a)(2) of |
19 | | this Section,
agrichemical facilities may elect to undertake |
20 | | corrective action in conformance
with this Title and rules |
21 | | promulgated by the Board thereunder and land
application |
22 | | programs administered by the Department of Agriculture as |
23 | | provided
under Section 19 of the Illinois Pesticide Act, and |
24 | | shall be eligible for the
relief provided under Section 58.10.
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25 | | (d) Notwithstanding the provisions of subsections (a), |
26 | | (b), and (c) of this Section, the provisions of Section 58.9 do |
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1 | | not apply to: |
2 | | (1) any site covered by the provisions of item (2)(B) |
3 | | of subsection (a) of this Section; or |
4 | | (2) any remediation or remedial activity that is |
5 | | regulated under a State program authorized, approved, or |
6 | | delegated pursuant to any federal environmental statute |
7 | | including, but not limited to, the Clean Air Act, the Clean |
8 | | Water Act, the Resource Conservation and Recovery Act, the |
9 | | Safe Drinking Water Act, the Toxic Substances Control Act, |
10 | | and the Federal Insecticide, Fungicide, and Rodenticide |
11 | | Act. |
12 | | (Source: P.A. 89-431, eff. 12-15-95; 89-443, eff. 7-1-96.)
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13 | | (415 ILCS 5/58.2)
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14 | | Sec. 58.2. Definitions. The following words and phrases |
15 | | when used in this
Title shall have the meanings given to them |
16 | | in this Section unless the context
clearly indicates otherwise:
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17 | | "Agrichemical facility" means a site on which agricultural |
18 | | pesticides are
stored or handled, or both, in preparation for |
19 | | end use, or distributed. The
term does not include basic |
20 | | manufacturing facility sites.
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21 | | "ASTM" means the American Society for Testing and |
22 | | Materials.
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23 | | "Area background" means concentrations of regulated |
24 | | substances that are
consistently present in the environment in |
25 | | the vicinity of a site that are the
result of natural |
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1 | | conditions or human activities, and not the result solely of
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2 | | releases at the site.
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3 | | "Brownfields site" or "brownfields" means a parcel of real |
4 | | property, or a
portion of the parcel, that has actual or |
5 | | perceived contamination and an
active potential for |
6 | | redevelopment.
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7 | | "Class I groundwater" means groundwater that meets the |
8 | | Class I Potable
Resource groundwater criteria set forth in the |
9 | | Board rules adopted under the
Illinois Groundwater Protection |
10 | | Act.
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11 | | "Class III groundwater" means groundwater that meets the |
12 | | Class III Special
Resource Groundwater criteria set forth in |
13 | | the Board rules adopted under the
Illinois Groundwater |
14 | | Protection Act.
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15 | | "Carcinogen" means a contaminant that is classified as a |
16 | | Category A1 or A2
Carcinogen by the American Conference of |
17 | | Governmental Industrial Hygienists; or
a Category 1 or 2A/2B |
18 | | Carcinogen by the World Health Organizations
International |
19 | | Agency for Research on Cancer; or a "Human Carcinogen" or
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20 | | "Anticipated Human Carcinogen" by the United States Department |
21 | | of Health and
Human Service National Toxicological Program; or |
22 | | a Category A or B1/B2
Carcinogen by the United States |
23 | | Environmental Protection Agency in Integrated
Risk Information |
24 | | System or a Final Rule issued in a Federal Register notice by
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25 | | the USEPA as of the effective date of this amendatory Act of |
26 | | 1995.
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1 | | "Licensed Professional Engineer" (LPE) means a person, |
2 | | corporation, or
partnership licensed under the laws of this |
3 | | State to practice professional
engineering.
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4 | | "Licensed Professional Geologist" means a person licensed |
5 | | under the laws of
the State of Illinois to practice as a |
6 | | professional geologist.
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7 | | "RELPEG" means a Licensed Professional Engineer or a |
8 | | Licensed Professional
Geologist engaged in review and |
9 | | evaluation under this Title.
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10 | | "Man-made pathway" means constructed routes that may allow |
11 | | for the
transport of regulated substances including, but not |
12 | | limited to, sewers,
utility lines, utility vaults, building |
13 | | foundations, basements, crawl spaces,
drainage ditches, or |
14 | | previously excavated and filled areas.
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15 | | "Municipality" means an incorporated city, village, or |
16 | | town in this State.
"Municipality" does not mean a township, |
17 | | town when that term is used as the
equivalent of a
township, |
18 | | incorporated town that has superseded a civil township, county,
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19 | | or school district, park district, sanitary district, or |
20 | | similar governmental
district.
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21 | | "Natural pathway" means natural routes for the transport of |
22 | | regulated
substances including, but not limited to, soil, |
23 | | groundwater, sand seams and
lenses, and gravel seams and |
24 | | lenses.
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25 | | "Person" means individual, trust, firm, joint stock |
26 | | company, joint venture,
consortium, commercial entity, |
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1 | | corporation (including a government
corporation), partnership, |
2 | | association, State, municipality, commission,
political |
3 | | subdivision of a State, or any interstate body including the |
4 | | United
States Government and each department, agency, and |
5 | | instrumentality of the
United States.
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6 | | "Regulated substance" means any hazardous substance as |
7 | | defined under Section
101(14) of the Comprehensive |
8 | | Environmental Response, Compensation, and
Liability Act of |
9 | | 1980 (P.L. 96-510) and petroleum products including crude oil
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10 | | or any fraction thereof, natural gas, natural gas liquids, |
11 | | liquefied natural
gas, or synthetic gas usable for fuel (or |
12 | | mixtures of natural gas and such
synthetic gas).
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13 | | "Remedial action" means , for purposes of this Title, |
14 | | activities associated with compliance with the
provisions of |
15 | | Sections 58.6 and 58.7.
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16 | | "Remediation Applicant" (RA) means any person seeking to |
17 | | perform or
performing investigative or remedial activities |
18 | | under this Title, including the
owner or operator of the site |
19 | | or persons authorized by law or consent to act
on behalf of or |
20 | | in lieu of the owner or operator of the site.
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21 | | "Remediation costs" means reasonable costs paid for |
22 | | investigating
and remediating regulated substances of concern |
23 | | consistent with the remedy
selected for a site. |
24 | | For purposes
of Section 58.14, "remediation costs" shall |
25 | | not include costs incurred prior to
January 1, 1998, costs |
26 | | incurred after the issuance of a No Further
Remediation Letter |
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1 | | under Section 58.10 of this Act, or costs incurred more than
12 |
2 | | months prior to acceptance into the Site Remediation Program. |
3 | | For the purpose of Section 58.14a, "remediation costs" do |
4 | | not include any costs incurred before January 1, 2007, any |
5 | | costs incurred after the issuance of a No Further Remediation |
6 | | Letter under Section 58.10, or any costs incurred more than 12 |
7 | | months before acceptance into the Site Remediation Program.
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8 | | "Residential property" means any real property that is used |
9 | | for habitation by
individuals and other property uses defined |
10 | | by Board rules such as education,
health care, child care and |
11 | | related uses.
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12 | | "River Edge Redevelopment Zone" has the meaning set forth |
13 | | under the River Edge Redevelopment Zone Act.
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14 | | "Site" means any single location, place, tract of land or |
15 | | parcel of property,
or portion thereof, including contiguous |
16 | | property separated by a public
right-of-way.
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17 | | "Regulated substance of concern" means any contaminant |
18 | | that is expected to be
present at the site based upon past and |
19 | | current land uses and associated
releases that are known to the |
20 | | Remediation Applicant based upon reasonable
inquiry.
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21 | | (Source: P.A. 95-454, eff. 8-27-07.)
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22 | | (415 ILCS 5/58.9)
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23 | | Sec. 58.9. Liability.
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24 | | (a) Cost assignment.
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25 | | (1) Except as provided in subsection (d) of Section |
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1 | | 58.1 and notwithstanding subsection (f) of Section 22.2 |
2 | | Notwithstanding any other provisions of this Act
to the |
3 | | contrary, including subsection (f) of Section 22.2 , in no |
4 | | event may the
Agency, the
State of Illinois, or any person |
5 | | bring an action pursuant to this Act or the
Groundwater |
6 | | Protection Act to require any person to conduct remedial |
7 | | action or
to seek recovery of costs for remedial activity |
8 | | conducted by the State of
Illinois or any person beyond the |
9 | | remediation of releases of regulated
substances that may be |
10 | | attributed to being proximately caused by such person's
act |
11 | | or omission or beyond such person's proportionate degree of |
12 | | responsibility
for costs of the remedial action of releases |
13 | | of regulated substances that were
proximately caused or |
14 | | contributed to by 2 or more persons.
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15 | | (2) Except as provided in subsection (d) of Section |
16 | | 58.1 and notwithstanding subsection (f) of Section 22.2 |
17 | | Notwithstanding any provisions in this Act to the contrary, |
18 | | including
subsection (f) of Section 22.2 , in no event may |
19 | | the State of Illinois or any
person require
the performance |
20 | | of remedial action pursuant to this Act against any of the
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21 | | following:
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22 | | (A) A person who neither caused nor contributed to |
23 | | in any material
respect
a release of regulated |
24 | | substances on, in, or under the site that was
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25 | | identified and addressed by the remedial action taken |
26 | | pursuant to this Title.
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1 | | (B) Notwithstanding a landlord's rights against a |
2 | | tenant, a landlord, if
the landlord did not know, and |
3 | | could not have reasonably known, of the acts or
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4 | | omissions of a tenant that caused or contributed to, or |
5 | | were likely to have
caused or contributed to, a release |
6 | | of regulated substances that resulted
in the |
7 | | performance of remedial action at the site.
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8 | | (C) The State of Illinois or any unit of local |
9 | | government if it
involuntarily acquires ownership or |
10 | | control of the site by virtue of its
function as a |
11 | | sovereign through such means as escheat, bankruptcy, |
12 | | tax
delinquency, or abandonment, unless the State of |
13 | | Illinois or unit of local
government takes possession |
14 | | of the site and exercises actual, direct, and
continual |
15 | | or recurrent managerial control in the operation of the |
16 | | site that
causes a release or substantial threat of a |
17 | | release of a regulated substance
resulting in removal |
18 | | or remedial activity.
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19 | | (D) The State of Illinois or any unit of local |
20 | | government if it
voluntarily acquires ownership or |
21 | | control of the site through purchase,
appropriation, |
22 | | or other means, unless the State of Illinois or the |
23 | | unit of
local government takes possession of the site |
24 | | and exercises actual, direct, and
continual or
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25 | | recurrent managerial control in the operation of the |
26 | | site that causes a
release or substantial threat of a |
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1 | | release of a regulated substance resulting
in removal |
2 | | or remedial activity.
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3 | | (E) A financial institution, as that term is |
4 | | defined in Section 2 of the
Illinois Banking Act and to |
5 | | include the Illinois Housing Development Authority,
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6 | | that has acquired the ownership, operation, |
7 | | management, or control of a site
through foreclosure, a |
8 | | deed in lieu of foreclosure, receivership, by |
9 | | exercising
of an assignment of rents, as mortgagee in |
10 | | possession or otherwise under the
terms of a security |
11 | | interest held by the financial institution, or under |
12 | | the
terms of an extension of credit made by the |
13 | | financial institution, unless the
financial |
14 | | institution takes actual physical possession of the |
15 | | site and, in so
doing, directly causes a release of a |
16 | | regulated substance that results in
removal or |
17 | | remedial activity.
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18 | | (F) A corporate fiduciary that has acquired |
19 | | ownership, operation,
management, or control of a site |
20 | | through acceptance of a fiduciary appointment
unless |
21 | | the corporate fiduciary directly causes a release of a |
22 | | regulated
substance resulting in a removal or remedial |
23 | | activity.
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24 | | (b) In the event that the State of Illinois seeks to |
25 | | require a person
who may be liable pursuant to this Act to |
26 | | conduct remedial action at a Site covered by this Section |
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1 | | activities for a
release or threatened release of a regulated |
2 | | substance, the Agency shall
provide notice to such person. Such |
3 | | notice shall include the necessity to
conduct remedial action |
4 | | pursuant to this Title and an opportunity for the
person to |
5 | | perform the remedial action.
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6 | | (c) In any instance in which the Agency has issued notice |
7 | | pursuant to
subsection (b) of this Section, the Agency and the |
8 | | person to whom such notice
was issued may attempt to determine |
9 | | the costs of conducting the remedial action
that are |
10 | | attributable to the releases to which such person or any other |
11 | | person
caused or contributed. Determinations pursuant to this |
12 | | Section may be made in
accordance with rules promulgated by the |
13 | | Board.
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14 | | (d) The Board may shall adopt, not later than January 1, |
15 | | 1999, pursuant to Sections
27 and 28 of this Act, rules and
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16 | | procedures for determining proportionate share. Such rules |
17 | | shall, at a
minimum, provide for criteria for the determination |
18 | | of apportioned
responsibility based upon the degree to which a |
19 | | person directly caused or
contributed to a release of regulated |
20 | | substances on, in, or under the site
identified and addressed |
21 | | in the remedial action; procedures to establish how
and when |
22 | | such persons may file a petition for determination of such
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23 | | apportionment; and any other standards or procedures which the |
24 | | Board may adopt
pursuant to this Section. In developing such |
25 | | rules, the Board shall take into
consideration any |
26 | | recommendations and proposals of the Agency and the Site
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1 | | Remediation Advisory Committee established in Section 58.11 of |
2 | | this Act and
other interested participants.
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3 | | (e) Nothing in this Section shall limit the authority of |
4 | | the Agency to
provide notice under subsection (q) of Section 4 |
5 | | or to undertake investigative,
preventive, or corrective |
6 | | action under any other applicable provisions of this
Act. The |
7 | | Director of the Agency is authorized to enter into such
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8 | | contracts and agreements as may be necessary to carry out the |
9 | | Agency's duties
and responsibilities under this Section as |
10 | | expeditiously as possible.
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11 | | (f) This Section does not apply to any cost recovery action |
12 | | brought by the
State under Section 22.2 to recover costs |
13 | | incurred by the State prior to July
1, 1996.
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14 | | (Source: P.A. 89-443, eff. 7-1-96; 90-484, eff. 8-17-97.)
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15 | | (415 ILCS 5/58.10)
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16 | | Sec. 58.10. Effect of completed remediation; liability |
17 | | releases.
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18 | | (a) The Agency's issuance of the No Further Remediation |
19 | | Letter
to a site eligible for the Site Remediation Program |
20 | | under Section 58.1 signifies a release from further |
21 | | responsibilities under this Act in performing
the approved |
22 | | remedial action and shall be considered prima facie evidence |
23 | | that
the site does not constitute a threat to human health and |
24 | | the environment and
does not require further remediation under |
25 | | this Act, so long as the site is
utilized in accordance with |
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1 | | the terms of the No Further Remediation Letter.
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2 | | (b) Within 30 days of the Agency's approval of a Remedial
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3 | | Action Completion Report, the Agency shall issue a No Further |
4 | | Remediation
Letter applicable to the site. In the event that |
5 | | the Agency fails to issue the
No Further Remediation Letter |
6 | | within 30 days after approval of the Remedial
Action Completion |
7 | | Report, the No Further Remediation Letter shall issue by
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8 | | operation of law. A No Further Remediation Letter issued |
9 | | pursuant
to this Section shall be limited to and shall include |
10 | | all of the following:
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11 | | (1) An acknowledgment that the requirements of the |
12 | | Remedial Action Plan
and the Remedial Action Completion |
13 | | Report were satisfied;
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14 | | (2) A description of the location of the affected |
15 | | property by adequate
legal description or by reference to a |
16 | | plat showing its boundaries;
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17 | | (3) The level of the remediation objectives, |
18 | | specifying, as appropriate,
any land use limitation |
19 | | imposed as a result of such remediation efforts;
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20 | | (4) A statement that the Agency's issuance of the No |
21 | | Further
Remediation Letter signifies a release from |
22 | | further responsibilities under this
Act in performing the |
23 | | approved remedial action and shall be considered prima
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24 | | facie evidence that the site does not constitute a threat |
25 | | to human health and
the environment and does not require |
26 | | further remediation under the Act, so long
as the site is |
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1 | | utilized in accordance with the terms of the No Further
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2 | | Remediation Letter;
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3 | | (5) The prohibition against the use of any site in a |
4 | | manner
inconsistent with any land use limitation imposed as |
5 | | a result of such
remediation efforts without additional |
6 | | appropriate remedial activities;
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7 | | (6) A description of any preventive, engineering, and |
8 | | institutional
controls required in the approved Remedial |
9 | | Action Plan and notification that
failure to manage the |
10 | | controls in full compliance with the terms of the
Remedial |
11 | | Action Plan may result in voidance of the No Further |
12 | | Remediation
Letter;
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13 | | (7) The recording obligations pursuant to Section |
14 | | 58.8;
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15 | | (8) The opportunity to request a change in the recorded |
16 | | land use
pursuant to Section 58.8;
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17 | | (9) Notification that further information regarding |
18 | | the site can be
obtained from the Agency through a request |
19 | | under the Freedom of Information Act
(5 ILCS 140); and
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20 | | (10) If only a portion of the site or only selected |
21 | | regulated substances
at a site were the subject of |
22 | | corrective action, any other provisions agreed to
by the |
23 | | Agency and the RA.
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24 | | (c) The Agency may deny a No Further Remediation Letter if |
25 | | fees applicable
under the review and evaluation services |
26 | | agreement have not been paid in full.
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1 | | (d) The No Further Remediation Letter shall apply in favor |
2 | | of the
following persons:
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3 | | (1) The RA or other person to whom the letter was |
4 | | issued.
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5 | | (2) The owner and operator of the site.
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6 | | (3) Any parent corporation or subsidiary of the owner |
7 | | of the site.
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8 | | (4) Any co-owner, either by joint-tenancy, right of |
9 | | survivorship, or any
other party sharing a legal |
10 | | relationship with the owner of the site.
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11 | | (5) Any holder of a beneficial interest of a land trust |
12 | | or inter vivos
trust, whether revocable or irrevocable, |
13 | | involving the site.
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14 | | (6) Any mortgagee or trustee of a deed of trust of the |
15 | | owner of the site
or any assignee, transferee, or any |
16 | | successor-in-interest thereto.
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17 | | (7) Any successor-in-interest of the owner of the site.
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18 | | (8) Any transferee of the owner of the site whether the |
19 | | transfer was by
sale, bankruptcy proceeding, partition, |
20 | | dissolution of marriage, settlement or
adjudication of any |
21 | | civil action, charitable gift, or bequest.
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22 | | (9) Any heir or devisee of the owner of the site.
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23 | | (10) Any financial institution, as that term is defined |
24 | | in Section 2 of
the Illinois Banking Act and to include the |
25 | | Illinois Housing Development
Authority, that has acquired |
26 | | the ownership, operation, management, or control
of a site |
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1 | | through foreclosure or under the terms of a security |
2 | | interest held by
the financial institution, under the terms |
3 | | of an extension of credit made by
the financial |
4 | | institution, or any successor in interest thereto.
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5 | | (11) In the case of a fiduciary (other than a land |
6 | | trustee), the estate,
trust estate, or other interest in |
7 | | property held in a fiduciary capacity, and a
trustee, |
8 | | executor, administrator, guardian, receiver, conservator, |
9 | | or other
person who holds the remediated site in a |
10 | | fiduciary capacity, or a transferee
of such party.
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11 | | (e) The No Further Remediation Letter shall be voidable if |
12 | | the site
activities are not managed in full compliance with the |
13 | | provisions of this
Title, any rules adopted under it, or the |
14 | | approved Remedial Action Plan or
remediation objectives upon |
15 | | which the issuance of the No Further Remediation
Letter was |
16 | | based. Specific acts or omissions that may result in voidance |
17 | | of
the No Further Remediation Letter include, but shall not be |
18 | | limited to:
|
19 | | (1) Any violation of institutional controls or land use |
20 | | restrictions, if
applicable;
|
21 | | (2) The failure of the owner, operator, RA, or any |
22 | | subsequent transferee
to operate and maintain preventive |
23 | | or engineering controls or comply with a
groundwater |
24 | | monitoring plan, if applicable;
|
25 | | (3) The disturbance or removal of contamination that |
26 | | has been left in
place in accordance with the Remedial |
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1 | | Action Plan;
|
2 | | (4) The failure to comply with the recording |
3 | | requirements of Section 58.8;
|
4 | | (5) Obtaining the No Further Remediation Letter by |
5 | | fraud or
misrepresentation;
|
6 | | (6) Subsequent discovery of contaminants, not |
7 | | identified as part of the
investigative or remedial |
8 | | activities upon which the issuance of the No Further
|
9 | | Remediation Letter was based, that pose a threat to human |
10 | | health or the
environment; or
|
11 | | (7) The failure to pay the No Further Remediation |
12 | | Assessment required
under subsection (g) of this Section.
|
13 | | (f) If the Agency seeks to void a No Further Remediation |
14 | | Letter, it
shall provide notice by certified letter to the |
15 | | current title holder of the
site and to the RA at his or her |
16 | | last known address. The notice shall specify
the cause for the |
17 | | voidance and describe facts in support of that cause.
|
18 | | (1) Within 35 days of the receipt of the notice of |
19 | | voidance, the RA or
current title holder may appeal the |
20 | | Agency's decision to the
Board in the manner provided for |
21 | | the review of permits in Section 40 of this
Act. If the |
22 | | Board fails to take final action on the petition within 120 |
23 | | days,
unless such time period is waived by the petitioner, |
24 | | the petition shall be
deemed denied and the petitioner |
25 | | shall be entitled to an Appellate Court order
pursuant to |
26 | | subsection (d) of Section 41 of this Act. The Agency shall |
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1 | | have
the burden of proof in any such action.
|
2 | | (2) If the Agency's action is not appealed, the Agency |
3 | | shall submit the
notice of voidance to the Office of the |
4 | | Recorder or the Registrar of Titles for
the county in which |
5 | | the site is located. The notice shall be filed in
|
6 | | accordance with Illinois law so that it forms a permanent |
7 | | part of the chain of
title for the site.
|
8 | | (3) If the Agency's action is appealed, the action |
9 | | shall not become
effective until the appeal process has |
10 | | been exhausted and a final decision
reached by the Board or |
11 | | courts.
|
12 | | (4) Upon receiving notice of appeal, the Agency shall |
13 | | file a notice of
lis pendens with the Office of the |
14 | | Recorder or the Registrar of Titles for the
county in which |
15 | | the site is located. The notice shall be filed in |
16 | | accordance
with Illinois law so that it becomes a part of |
17 | | the chain of title for the site.
However, if the Agency's |
18 | | action is not upheld on appeal, the notice of lis
pendens |
19 | | shall be removed in accordance with Illinois law within 45 |
20 | | days of
receipt of the final decision of the Board or the
|
21 | | courts.
|
22 | | (g) Within 30 days after the receipt of a No Further |
23 | | Remediation Letter
issued by the Agency or by operation of law |
24 | | pursuant to this Section, the
recipient of the letter shall |
25 | | forward to the Agency a No Further Remediation
Assessment in |
26 | | the amount of the lesser of $2,500 or an amount equal to the
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1 | | costs incurred for the site by the Agency under Section 58.7. |
2 | | The assessment
shall be made payable to the State of Illinois, |
3 | | for deposit in the Hazardous
Waste Fund. The No Further |
4 | | Remediation Assessment is in addition to any other
costs that |
5 | | may be incurred by the Agency pursuant to Section 58.7.
|
6 | | (Source: P.A. 89-431, eff. 12-15-95; 89-443, eff. 7-1-96; |
7 | | 89-626, eff.
8-9-96.)
|
8 | | Section 99. Effective date. This Act takes effect upon |
9 | | becoming law.
|