HB1831 EngrossedLRB103 28077 SPS 54456 b

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



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



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1            (F) Interpretation of results.
2            (G) Conclusions.
3    (b) Corrective action.
4        (1) If the site investigation confirms none of the
5    applicable indicator contaminants exceed the proposed
6    remediation objectives, within 30 days after completing
7    the site investigation the owner or operator shall submit
8    to the Agency for approval a corrective action completion
9    report in accordance with this Section.
10        (2) If any of the applicable indicator contaminants
11    exceed the remediation objectives approved for the site,
12    within 30 days after the Agency approves the site
13    investigation completion report the owner or operator
14    shall submit to the Agency for approval a corrective
15    action plan designed to mitigate any threat to human
16    health, human safety, or the environment resulting from
17    the underground storage tank release. The plan shall
18    describe the selected remedy and evaluate its ability and
19    effectiveness to achieve the remediation objectives
20    approved for the site. At a minimum, the report shall
21    include all of the following:
22            (A) Executive summary.
23            (B) Statement of remediation objectives.
24            (C) Remedial technologies selected.
25            (D) Confirmation sampling plan.
26            (E) Current and projected future use of the



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1        property.
2            (F) Applicable preventive, engineering, and
3        institutional controls including long-term
4        reliability, operating, and maintenance plans, and
5        monitoring procedures.
6            (G) A schedule for implementation and completion
7        of the plan.
8        (3) Any owner or operator intending to seek payment
9    from the Fund shall submit to the Agency for approval a
10    corrective action budget that includes, but is not limited
11    to, an accounting of all costs associated with the
12    implementation and completion of the corrective action
13    plan.
14        (4) Upon the Agency's approval of a corrective action
15    plan, or as otherwise directed by the Agency, the owner or
16    operator shall proceed with corrective action in
17    accordance with the plan.
18        (5) Within 30 days after the completion of a
19    corrective action plan that achieves applicable
20    remediation objectives the owner or operator shall submit
21    to the Agency for approval a corrective action completion
22    report. The report shall demonstrate whether corrective
23    action was completed in accordance with the approved
24    corrective action plan and whether the remediation
25    objectives approved for the site, as well as any other
26    requirements of the plan, have been achieved.



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1        (6) If within 4 years after the approval of any
2    corrective action plan the applicable remediation
3    objectives have not been achieved and the owner or
4    operator has not submitted a corrective action completion
5    report, the owner or operator must submit a status report
6    for Agency review. The status report must include, but is
7    not limited to, a description of the remediation
8    activities taken to date, the effectiveness of the method
9    of remediation being used, the likelihood of meeting the
10    applicable remediation objectives using the current method
11    of remediation, and the date the applicable remediation
12    objectives are expected to be achieved.
13        (7) If the Agency determines any approved corrective
14    action plan will not achieve applicable remediation
15    objectives within a reasonable time, based upon the method
16    of remediation and site specific circumstances, the Agency
17    may require the owner or operator to submit to the Agency
18    for approval a revised corrective action plan. If the
19    owner or operator intends to seek payment from the Fund,
20    the owner or operator must also submit a revised budget.
21    (c) Agency review and approval.
22        (1) Agency approval of any plan and associated budget,
23    as described in this subsection (c), shall be considered
24    final approval for purposes of seeking and obtaining
25    payment from the Underground Storage Tank Fund if the
26    costs associated with the completion of any such plan are



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



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1    subsection (a) or (b) of this Section, the Agency shall
2    determine, by a procedure promulgated by the Board under
3    Section 57.14, that the costs associated with the plan are
4    reasonable, will be incurred in the performance of site
5    investigation or corrective action, and will not be used
6    for site investigation or corrective action activities in
7    excess of those required to meet the minimum requirements
8    of this Title. The Agency shall also determine, pursuant
9    to the Project Labor Agreements Act, whether the
10    corrective action shall include a project labor agreement
11    if payment from the Underground Storage Tank Fund is to be
12    requested.
13            (A) For purposes of payment from the Fund,
14        corrective action activities required to meet the
15        minimum requirements of this Title shall include, but
16        not be limited to, the following use of the Board's
17        Tiered Approach to Corrective Action Objectives rules
18        adopted under Title XVII of this Act:
19                (i) For the site where the release occurred,
20            the use of Tier 2 remediation objectives that are
21            no more stringent than Tier 1 remediation
22            objectives.
23                (ii) The use of industrial/commercial property
24            remediation objectives, unless the owner or
25            operator demonstrates that the property being
26            remediated is residential property or being



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1            developed into residential property.
2                (iii) The use of groundwater ordinances as
3            institutional controls in accordance with Board
4            rules.
5                (iv) The use of on-site groundwater use
6            restrictions as institutional controls in
7            accordance with Board rules.
8            (B) Any bidding process adopted under Board rules
9        to determine the reasonableness of costs of corrective
10        action must provide for a publicly-noticed,
11        competitive, and sealed bidding process that includes,
12        at a minimum, the following:
13                (i) The owner or operator must issue
14            invitations for bids that include, at a minimum, a
15            description of the work being bid and applicable
16            contractual terms and conditions. The criteria on
17            which the bids will be evaluated must be set forth
18            in the invitation for bids. The criteria may
19            include, but shall not be limited to, criteria for
20            determining acceptability, such as inspection,
21            testing, quality, workmanship, delivery, and
22            suitability for a particular purpose. Criteria
23            that will affect the bid price and be considered
24            in the evaluation of a bid, such as discounts,
25            shall be objectively measurable.
26                (ii) At least 14 days prior to the date set in



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1            the invitation for the opening of bids, public
2            notice of the invitation for bids must be
3            published in a local paper of general circulation
4            for the area in which the site is located or on an
5            electronic procurement website approved by the
6            Agency.
7                (iii) Bids must be opened publicly in the
8            presence of one or more witnesses at the time and
9            place designated in the invitation for bids. The
10            name of each bidder, the amount of each bid, and
11            other relevant information as specified in Board
12            rules must be recorded and submitted to the Agency
13            in the applicable budget. After selection of the
14            winning bid, the winning bid and the record of
15            each unsuccessful bid shall be open to public
16            inspection.
17                (iv) Bids must be unconditionally accepted
18            without alteration or correction. Bids must be
19            evaluated based on the requirements set forth in
20            the invitation for bids, which may include
21            criteria for determining acceptability, such as
22            inspection, testing, quality, workmanship,
23            delivery, and suitability for a particular
24            purpose. Criteria that will affect the bid price
25            and be considered in the evaluation of a bid, such
26            as discounts, shall be objectively measurable. The



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1            invitation for bids shall set forth the evaluation
2            criteria to be used.
3                (v) Correction or withdrawal of inadvertently
4            erroneous bids before or after selection of the
5            winning bid, or cancellation of winning bids based
6            on bid mistakes, shall be allowed in accordance
7            with Board rules. After bid opening, no changes in
8            bid prices or other provisions of bids prejudicial
9            to the owner or operator or fair competition shall
10            be allowed. All decisions to allow the correction
11            or withdrawal of bids based on bid mistakes shall
12            be supported by a written determination made by
13            the owner or operator.
14                (vi) The owner or operator shall select the
15            winning bid with reasonable promptness by written
16            notice to the lowest responsible and responsive
17            bidder whose bid meets the requirements and
18            criteria set forth in the invitation for bids. The
19            winning bid and other relevant information as
20            specified in Board rules must be recorded and
21            submitted to the Agency in the applicable budget.
22                (vii) All bidding documentation must be
23            retained by the owner or operator for a minimum of
24            3 years after the costs bid are submitted in an
25            application for payment, except that documentation
26            relating to an appeal, litigation, or other



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1            disputed claim must be maintained until at least 3
2            years after the date of the final disposition of
3            the appeal, litigation, or other disputed claim.
4            All bidding documentation must be made available
5            to the Agency for inspection and copying during
6            normal business hours.
7            (C) Any bidding process adopted under Board rules
8        to determine the reasonableness of costs of corrective
9        action shall (i) be optional and (ii) allow bidding
10        only if the owner or operator demonstrates that
11        corrective action cannot be performed for amounts less
12        than or equal to maximum payment amounts adopted by
13        the Board.
14        (4) For any plan or report received after June 24,
15    2002, any action by the Agency to disapprove or modify a
16    plan submitted pursuant to this Title shall be provided to
17    the owner or operator in writing within 120 days of the
18    receipt by the Agency or, in the case of a site
19    investigation plan or corrective action plan for which
20    payment is not being sought, within 120 days of receipt of
21    the site investigation completion report or corrective
22    action completion report, respectively, and shall be
23    accompanied by:
24            (A) an explanation of the Sections of this Act
25        which may be violated if the plans were approved;
26            (B) an explanation of the provisions of the



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1        regulations, promulgated under this Act, which may be
2        violated if the plan were approved;
3            (C) an explanation of the specific type of
4        information, if any, which the Agency deems the
5        applicant did not provide the Agency; and
6            (D) a statement of specific reasons why the Act
7        and the regulations might not be met if the plan were
8        approved.
9        Any action by the Agency to disapprove or modify a
10    plan or report or the rejection of any plan or report by
11    operation of law shall be subject to appeal to the Board in
12    accordance with the procedures of Section 40. If the owner
13    or operator elects to incorporate modifications required
14    by the Agency rather than appeal, an amended plan shall be
15    submitted to the Agency within 35 days of receipt of the
16    Agency's written notification.
17        (5) For purposes of this Title, the term "plan" shall
18    include:
19            (A) Any site investigation plan submitted pursuant
20        to subsection (a) of this Section;
21            (B) Any site investigation budget submitted
22        pursuant to subsection (a) of this Section;
23            (C) Any corrective action plan submitted pursuant
24        to subsection (b) of this Section; or
25            (D) Any corrective action plan budget submitted
26        pursuant to subsection (b) of this Section.



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1    (d) For purposes of this Title, the term "indicator
2contaminant" shall mean, unless and until the Board
3promulgates regulations to the contrary, the following: (i) if
4an underground storage tank contains gasoline, the indicator
5parameter shall be BTEX and Benzene; (ii) if the tank
6contained petroleum products consisting of middle distillate
7or heavy ends, then the indicator parameter shall be
8determined by a scan of PNA's taken from the location where
9contamination is most likely to be present; and (iii) if the
10tank contained used oil, then the indicator contaminant shall
11be those chemical constituents which indicate the type of
12petroleum stored in an underground storage tank. All
13references in this Title to groundwater objectives shall mean
14Class I groundwater standards or objectives as applicable.
15    (e) (1) Notwithstanding the provisions of this Section, an
16    owner or operator may proceed to conduct site
17    investigation or corrective action prior to the submittal
18    or approval of an otherwise required plan. If the owner or
19    operator elects to so proceed, an applicable plan shall be
20    filed with the Agency at any time. Such plan shall detail
21    the steps taken to determine the type of site
22    investigation or corrective action which was necessary at
23    the site along with the site investigation or corrective
24    action taken or to be taken, in addition to costs
25    associated with activities to date and anticipated costs.
26        (2) Upon receipt of a plan submitted after activities



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1    have commenced at a site, the Agency shall proceed to
2    review in the same manner as required under this Title. In
3    the event the Agency disapproves all or part of the costs,
4    the owner or operator may appeal such decision to the
5    Board. The owner or operator shall not be eligible to be
6    reimbursed for such disapproved costs unless and until the
7    Board determines that such costs were eligible for
8    payment.
9    (f) All investigations, plans, and reports conducted or
10prepared under this Section shall be conducted or prepared
11under the supervision of a licensed professional engineer and
12in accordance with the requirements of this Title.
13(Source: P.A. 98-109, eff. 7-25-13.)