Rep. Amy L. Grant

Filed: 3/2/2023





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2    AMENDMENT NO. ______. Amend House Bill 1831 by replacing
3everything after the enacting clause with the following:
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



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1    contaminant transport and risk to human health and safety
2    and the environment.
3        (2) Any owner or operator intending to seek payment
4    from the Fund shall submit to the Agency for approval a
5    site investigation budget that includes, but is not
6    limited to, an accounting of all costs associated with the
7    implementation and completion of the site investigation
8    plan.
9        (3) Remediation objectives for the applicable
10    indicator contaminants shall be determined using the
11    tiered approach to corrective action objectives rules
12    adopted by the Board pursuant to this Title and Title XVII
13    of this Act. For the purposes of this Title, "Contaminant
14    of Concern" or "Regulated Substance of Concern" in the
15    rules means the applicable indicator contaminants set
16    forth in subsection (d) of this Section and the rules
17    adopted thereunder.
18        (4) Upon the Agency's approval of a site investigation
19    plan, or as otherwise directed by the Agency, the owner or
20    operator shall conduct a site investigation in accordance
21    with the plan.
22        (5) Within 30 days after completing the site
23    investigation, the owner or operator shall submit to the
24    Agency for approval a site investigation completion
25    report. At a minimum the report shall include all of the
26    following:



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



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



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



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



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1        the Agency need not take action on such plan until 120
2        days after it receives the corrective action
3        completion report required under subsection (b) of
4        this Section. In the event the Agency approved the
5        plan, it shall proceed under the provisions of this
6        subsection (c).
7        (3) In approving any plan submitted pursuant to
8    subsection (a) or (b) of this Section, the Agency shall
9    determine, by a procedure promulgated by the Board under
10    Section 57.14, that the costs associated with the plan are
11    reasonable, will be incurred in the performance of site
12    investigation or corrective action, and will not be used
13    for site investigation or corrective action activities in
14    excess of those required to meet the minimum requirements
15    of this Title. The Agency shall also determine, pursuant
16    to the Project Labor Agreements Act, whether the
17    corrective action shall include a project labor agreement
18    if payment from the Underground Storage Tank Fund is to be
19    requested.
20            (A) For purposes of payment from the Fund,
21        corrective action activities required to meet the
22        minimum requirements of this Title shall include, but
23        not be limited to, the following use of the Board's
24        Tiered Approach to Corrective Action Objectives rules
25        adopted under Title XVII of this Act:
26                (i) For the site where the release occurred,



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1            the use of Tier 2 remediation objectives that are
2            no more stringent than Tier 1 remediation
3            objectives.
4                (ii) The use of industrial/commercial property
5            remediation objectives, unless the owner or
6            operator demonstrates that the property being
7            remediated is residential property or being
8            developed into residential property.
9                (iii) The use of groundwater ordinances as
10            institutional controls in accordance with Board
11            rules.
12                (iv) The use of on-site groundwater use
13            restrictions as institutional controls in
14            accordance with Board rules.
15            (B) Any bidding process adopted under Board rules
16        to determine the reasonableness of costs of corrective
17        action must provide for a publicly-noticed,
18        competitive, and sealed bidding process that includes,
19        at a minimum, the following:
20                (i) The owner or operator must issue
21            invitations for bids that include, at a minimum, a
22            description of the work being bid and applicable
23            contractual terms and conditions. The criteria on
24            which the bids will be evaluated must be set forth
25            in the invitation for bids. The criteria may
26            include, but shall not be limited to, criteria for



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



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1            criteria for determining acceptability, such as
2            inspection, testing, quality, workmanship,
3            delivery, and suitability for a particular
4            purpose. Criteria that will affect the bid price
5            and be considered in the evaluation of a bid, such
6            as discounts, shall be objectively measurable. The
7            invitation for bids shall set forth the evaluation
8            criteria to be used.
9                (v) Correction or withdrawal of inadvertently
10            erroneous bids before or after selection of the
11            winning bid, or cancellation of winning bids based
12            on bid mistakes, shall be allowed in accordance
13            with Board rules. After bid opening, no changes in
14            bid prices or other provisions of bids prejudicial
15            to the owner or operator or fair competition shall
16            be allowed. All decisions to allow the correction
17            or withdrawal of bids based on bid mistakes shall
18            be supported by a written determination made by
19            the owner or operator.
20                (vi) The owner or operator shall select the
21            winning bid with reasonable promptness by written
22            notice to the lowest responsible and responsive
23            bidder whose bid meets the requirements and
24            criteria set forth in the invitation for bids. The
25            winning bid and other relevant information as
26            specified in Board rules must be recorded and



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



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



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



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1    the steps taken to determine the type of site
2    investigation or corrective action which was necessary at
3    the site along with the site investigation or corrective
4    action taken or to be taken, in addition to costs
5    associated with activities to date and anticipated costs.
6        (2) Upon receipt of a plan submitted after activities
7    have commenced at a site, the Agency shall proceed to
8    review in the same manner as required under this Title. In
9    the event the Agency disapproves all or part of the costs,
10    the owner or operator may appeal such decision to the
11    Board. The owner or operator shall not be eligible to be
12    reimbursed for such disapproved costs unless and until the
13    Board determines that such costs were eligible for
14    payment.
15    (f) All investigations, plans, and reports conducted or
16prepared under this Section shall be conducted or prepared
17under the supervision of a licensed professional engineer and
18in accordance with the requirements of this Title.
19(Source: P.A. 98-109, eff. 7-25-13.)".