Rep. John A. Fritchey
Filed: 04/12/05
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1 | AMENDMENT TO HOUSE BILL 667
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2 | AMENDMENT NO. ______. Amend House Bill 667, AS AMENDED, by | ||||||
3 | replacing the title with the following: | ||||||
4 | "AN ACT concerning safety, which may be known as the Toxic | ||||||
5 | Chemical Disclosure Act."; and | ||||||
6 | by replacing everything after the enacting clause with the | ||||||
7 | following:
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8 | "Section 5. The Environmental Protection Act is amended by | ||||||
9 | changing Section 58.8 and by adding Section 22.50 and Title | ||||||
10 | VI-D as follows: | ||||||
11 | (415 ILCS 5/22.50 new)
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12 | Sec. 22.50. Compliance with land use limitations. No | ||||||
13 | person shall use, or cause or allow the use of, any site for | ||||||
14 | which a land use limitation has been imposed under this Act in | ||||||
15 | a manner inconsistent with the land use limitation unless | ||||||
16 | further investigation or remedial action has been conducted | ||||||
17 | that documents the attainment of remedial objectives | ||||||
18 | appropriate for the new land use and a new closure letter has | ||||||
19 | been obtained from the Agency and recorded in the chain of | ||||||
20 | title for the site. For the purpose of this Section, the term | ||||||
21 | "land use limitation" shall include, but shall not be limited | ||||||
22 | to, institutional controls and engineered barriers imposed | ||||||
23 | under this Act and the regulations adopted under this Act. For |
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1 | the purposes of this Section, the term "closure letter" shall | ||||||
2 | include, but shall not be limited to, No Further Remediation | ||||||
3 | Letters issued under Titles XVI and XVII of this Act and the | ||||||
4 | regulations adopted under those Titles.
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5 | (415 ILCS 5/Title VI-D heading new)
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6 | TITLE VI-D. RIGHT-TO-KNOW | ||||||
7 | (415 ILCS 5/25d-1 new) | ||||||
8 | Sec. 25d-1. Definitions. For the purposes of this Title, | ||||||
9 | the terms "community water system", "non-community water | ||||||
10 | system", "potable", "private water system", and "semi-private | ||||||
11 | water system" have the meanings ascribed to them in the | ||||||
12 | Illinois Groundwater Protection Act. | ||||||
13 | (415 ILCS 5/25d-2 new) | ||||||
14 | Sec. 25d-2. Contaminant evaluation committee. Beginning | ||||||
15 | January 1, 2006, the Agency shall establish, internally within | ||||||
16 | the Agency, a contaminant evaluation committee to evaluate | ||||||
17 | releases of contaminants. The committee shall perform this | ||||||
18 | evaluation whenever the Agency reasonably believes or confirms | ||||||
19 | that the actual or modeled extent of soil or groundwater | ||||||
20 | contamination extends beyond the boundary of the site where the | ||||||
21 | release occurred. The committee shall recommend appropriate | ||||||
22 | Agency actions in response to the release, which may include, | ||||||
23 | but shall not be limited to, public notices, investigations, | ||||||
24 | administrative orders, and enforcement referrals. | ||||||
25 | (415 ILCS 5/25d-3 new) | ||||||
26 | Sec. 25d-3. Committee action.
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27 | (a) Beginning January 1, 2006, if the committee established | ||||||
28 | under Section 25d-2 of this Title determines that: | ||||||
29 | (1) Soil contamination poses a threat of exposure to | ||||||
30 | the public above the Tier 1 residential remediation |
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1 | objectives adopted by the Board under Title XVII of this | ||||||
2 | Act, the Agency shall give notice of the threat to the | ||||||
3 | owner of the contaminated property and the Agency may | ||||||
4 | require the owner of the contaminated property to post a | ||||||
5 | sign acceptable to the Agency in a conspicuous place on the | ||||||
6 | property notifying the public of the contamination on the | ||||||
7 | property; or | ||||||
8 | (2) Groundwater contamination poses a threat of | ||||||
9 | exposure to the public above the Class I groundwater | ||||||
10 | quality standards adopted by the Board under this Act and | ||||||
11 | the Groundwater Protection Act, the Agency shall give | ||||||
12 | notice of the threat to the following: | ||||||
13 | (A) for any private, semi-private, or non-community | ||||||
14 | water system, the owners of the properties served by | ||||||
15 | the system; and | ||||||
16 | (B) for any community water system, the owners and | ||||||
17 | operators of the system. | ||||||
18 | The committee's determination must be based on the credible, | ||||||
19 | scientific information available to it, and the Agency is not | ||||||
20 | required to perform additional investigations or studies | ||||||
21 | beyond those required by applicable federal or State laws. | ||||||
22 | (b) Beginning January 1, 2006, if any of the following | ||||||
23 | actions occur: (i) the Agency refers a matter for enforcement | ||||||
24 | under Section 43(a) of this Act; (ii) the Agency issues a seal | ||||||
25 | order under Section 34(a) of this Act; or (iii) the Agency, the | ||||||
26 | United States Environmental Protection Agency (USEPA), or a | ||||||
27 | third party under Agency or USEPA oversight performs an | ||||||
28 | immediate removal under the federal Comprehensive | ||||||
29 | Environmental Response, Compensation, and Liability Act, as | ||||||
30 | amended, then, within 60 days after the action, the Agency must | ||||||
31 | give notice of the action to the owners of all property within | ||||||
32 | 2,500 feet of the subject contamination or such other closer or | ||||||
33 | further distance that the Agency deems appropriate under the | ||||||
34 | circumstances. Within 30 days after a request by the Agency, |
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1 | the appropriate officials of the county in which the property | ||||||
2 | is located must provide to the Agency the names and addresses | ||||||
3 | of all property owners to whom the Agency is required to give | ||||||
4 | notice under this subsection (b), these owners being the | ||||||
5 | persons or entities that appear from the authentic tax records | ||||||
6 | of the county.
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7 | (c) Notices required under this Section must be given in | ||||||
8 | accordance with the methods recommended by the Right-to-Know | ||||||
9 | Committee under Section 25d-5 of this Title. The notices must | ||||||
10 | contain, at a minimum, the following information: | ||||||
11 | (1) the name and address of the site or facility where | ||||||
12 | the release occurred or is suspected to have occurred;
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13 | (2) the identification of the contaminant released or | ||||||
14 | suspected to have been released;
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15 | (3) information as to whether the contaminant was | ||||||
16 | released or suspected to have been released into the air, | ||||||
17 | land, or water;
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18 | (4) a brief description of the potential adverse health | ||||||
19 | effects posed by the contaminant;
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20 | (5) a recommendation that water systems with wells | ||||||
21 | impacted or potentially impacted by the contaminant be | ||||||
22 | appropriately tested; and
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23 | (6) the name, business address, and phone number of | ||||||
24 | persons at the Agency from whom additional information | ||||||
25 | about the release or suspected release can be obtained.
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26 | (d) Any person who is a responsible party with respect to | ||||||
27 | the release or substantial threat of release for which notice | ||||||
28 | is given under this Section is liable for all reasonable costs | ||||||
29 | incurred by the State in giving the notice and all costs | ||||||
30 | incurred by the State for community relations activities | ||||||
31 | related to the notice. All moneys received by the State under | ||||||
32 | this subsection (d) must be deposited in and used for purposes | ||||||
33 | consistent with the Hazardous Waste Fund.
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1 | (415 ILCS 5/25d-4 new) | ||||||
2 | Sec. 25d-4. Agency authority. Whenever the Agency becomes | ||||||
3 | obligated to give notice pursuant to 25d-3 of this Title, the | ||||||
4 | Agency has the authority to issue an order to the owner or | ||||||
5 | operator of the site or facility where the release occurred or | ||||||
6 | is suspected to have occurred that requires the owner or | ||||||
7 | operator to provide the Agency with the information necessary | ||||||
8 | for the notice. In the case of a release or suspected release | ||||||
9 | from an underground storage tank subject to Title XVI of this | ||||||
10 | Act, the Agency has the authority to issue such an order to the | ||||||
11 | owner or operator of the underground storage tank. Any person | ||||||
12 | who, without sufficient cause, willfully violates, or fails or | ||||||
13 | refuses to comply with, any order issued under this Section is | ||||||
14 | in violation of this Act. | ||||||
15 | (415 ILCS 5/25d-5 new) | ||||||
16 | Sec. 25d-5. Right-to-Know Committee. Beginning January 1, | ||||||
17 | 2006, the Agency shall establish a committee known as the | ||||||
18 | Right-to-Know Committee. The Right-to-Know Committee shall be | ||||||
19 | composed of the following persons and shall be chaired by the | ||||||
20 | Director or the Director's designee: representatives of the | ||||||
21 | Agency, representatives of the Illinois Department of Public | ||||||
22 | Health, representatives of the Interagency Coordinating | ||||||
23 | Committee on Groundwater established in the Groundwater | ||||||
24 | Protection Act, representatives of the Groundwater Advisory | ||||||
25 | Council established in the Groundwater Protection Act, | ||||||
26 | representatives of priority groundwater protection regional | ||||||
27 | planning committees established under Section 17.2 of this Act, | ||||||
28 | and up to 3 individuals appointed by the Director who are | ||||||
29 | owners of properties served by private, semi-private, or | ||||||
30 | non-community drinking water systems that have been impacted by | ||||||
31 | a release of a contaminant. The Right-to-Know Committee, in | ||||||
32 | consultation with the Agency, shall evaluate and recommend | ||||||
33 | appropriate and effective methods of providing the notices |
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1 | required under Section 25d-3 of this Title. The methods of | ||||||
2 | notification evaluated by the Right-to-Know Committee shall | ||||||
3 | include, but shall not be limited to, the following: | ||||||
4 | (a) personal notification;
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5 | (b) public meetings;
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6 | (c) signs;
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7 | (d) electronic notification; and
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8 | (e) print media.
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9 | (415 ILCS 5/25d-6 new) | ||||||
10 | Sec. 25d-6. Notification. Beginning July 1, 2006, the | ||||||
11 | Agency shall make all of the following information available on | ||||||
12 | the Internet: | ||||||
13 | (i) Copies of all notifications given under Section | ||||||
14 | 25d-3 of this Section. The copies must be indexed and the | ||||||
15 | index shall, at a minimum, be searchable by notification | ||||||
16 | date, zip code, site or facility name, and geographic | ||||||
17 | location.
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18 | (ii) Appropriate Agency databases containing | ||||||
19 | information about releases or suspected releases of | ||||||
20 | contaminants in the State. The databases must, at a | ||||||
21 | minimum, be searchable by notification date, zip code, site | ||||||
22 | or facility name, and geographic location. | ||||||
23 | (iii) Links to appropriate USEPA databases containing | ||||||
24 | information about releases or suspected releases of | ||||||
25 | contaminants in the State.
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26 | (415 ILCS 5/25d-7 new) | ||||||
27 | Sec. 25d-7. Agency coordination. Beginning January 1, | ||||||
28 | 2006, the Agency shall coordinate with the Department of Public | ||||||
29 | Health to provide training to regional and local health | ||||||
30 | department staff on the use of the information posted on the | ||||||
31 | Internet under Section 25d-6 of this Title. Also beginning | ||||||
32 | January 1, 2006, the Agency shall coordinate with the |
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1 | Department of Public Health to provide training to licensed | ||||||
2 | water well drillers on the use of the information posted on the | ||||||
3 | Internet under Section 25d-6 of this Title in relation to the | ||||||
4 | location and installation of new wells serving private, | ||||||
5 | semi-private, and non-community water systems. | ||||||
6 | (415 ILCS 5/25d-8 new) | ||||||
7 | Sec. 25d-8. Amendment. Within 180 days after the effective | ||||||
8 | date of this amendatory Act of the 94th General Assembly, the | ||||||
9 | Agency shall evaluate the Board's rules and propose amendments | ||||||
10 | to the rules as necessary to require potable water supply well | ||||||
11 | surveys and community relations activities where such surveys | ||||||
12 | and activities are appropriate in response to releases of | ||||||
13 | contaminants that have impacted or that have a reasonable | ||||||
14 | likelihood of impacting offsite potable water supply wells. | ||||||
15 | Within 240 days after receiving the Agency's proposal, the | ||||||
16 | Board shall amend its rules as necessary to require potable | ||||||
17 | water supply well surveys and community relations activities | ||||||
18 | where such surveys and activities are appropriate in response | ||||||
19 | to releases of contaminants that have impacted or that have a | ||||||
20 | reasonable likelihood of impacting offsite potable water | ||||||
21 | supply wells. Community relations activities required by the | ||||||
22 | Board shall include, but shall not be limited to, submitting a | ||||||
23 | community relations plan for Agency approval, maintaining a | ||||||
24 | public information repository that contains timely information | ||||||
25 | about the actions being taken in response to a release, and | ||||||
26 | maintaining dialogue with the community through means such as | ||||||
27 | public meetings, fact sheets, and community advisory groups. | ||||||
28 | (415 ILCS 5/25d-9 new) | ||||||
29 | Sec. 25d-9. Liability. Except for willful and wanton | ||||||
30 | misconduct, neither the State, the Director, nor any State | ||||||
31 | employee shall be liable for any damages or injuries arising | ||||||
32 | out of or resulting from any act or omission occurring under |
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1 | this amendatory Act of the 94th General Assembly. | ||||||
2 | (415 ILCS 5/25d-10 new) | ||||||
3 | Sec. 25d-10. Admissibility. The Agency's giving of notice | ||||||
4 | or failure to give notice under Section 25d-3 of this Title | ||||||
5 | shall not be admissible for any purpose in any administrative | ||||||
6 | or judicial proceeding.
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7 | (415 ILCS 5/58.8)
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8 | Sec. 58.8. Duty to record.
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9 | (a) The RA receiving a No Further Remediation Letter from | ||||||
10 | the Agency
pursuant to Section 58.10, shall submit the letter | ||||||
11 | to the Office of the
Recorder or the Registrar of Titles of the | ||||||
12 | county in which the site is located
within 45 days of receipt | ||||||
13 | of the letter. The Office of the Recorder or
the Registrar of | ||||||
14 | Titles shall accept and record that letter in accordance with
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15 | Illinois law so that it forms a permanent part of the chain of | ||||||
16 | title for the
site.
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17 | (b) A No Further Remediation Letter shall not become | ||||||
18 | effective until
officially recorded in accordance with | ||||||
19 | subsection (a) of this Section.
The RA shall obtain and submit | ||||||
20 | to the Agency a certified copy of the
No Further Remediation | ||||||
21 | Letter as recorded.
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22 | (c)
(Blank).
At no time shall any site for which a land use | ||||||
23 | limitation has been
imposed as a result of remediation | ||||||
24 | activities under this Title be used in a
manner inconsistent | ||||||
25 | with the land use limitation unless further investigation
or | ||||||
26 | remedial action has been conducted that documents the | ||||||
27 | attainment of
objectives appropriate for the new land use and a | ||||||
28 | new No Further
Remediation Letter obtained and recorded in | ||||||
29 | accordance with this Title.
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30 | (d) In the event that a No Further Remediation Letter | ||||||
31 | issues by operation of
law pursuant to Section 58.10, the RA | ||||||
32 | may, for purposes of this Section, file
an affidavit stating |
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1 | that the letter issued by operation of law. Upon receipt
of the | ||||||
2 | No Further Remediation Letter from the Agency, the RA shall | ||||||
3 | comply with
the requirements of subsections (a) and (b) of this | ||||||
4 | Section.
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5 | (Source: P.A. 92-574, eff. 6-26-02.)
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6 | Section 10. The Illinois Groundwater Protection Act is | ||||||
7 | amended by changing Section 4 as follows:
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8 | (415 ILCS 55/4) (from Ch. 111 1/2, par. 7454)
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9 | Sec. 4. (a) There shall be established within State | ||||||
10 | government an
interagency committee
which shall be known as the | ||||||
11 | Interagency Coordinating Committee on
Groundwater. The | ||||||
12 | Committee shall be composed of the Director, or his
designee, | ||||||
13 | of the following agencies:
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14 | (1) The Illinois Environmental Protection Agency, who | ||||||
15 | shall chair the
Committee.
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16 | (2) The Illinois Department of Natural Resources.
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17 | (3) The Illinois Department of Public Health.
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18 | (4) The Office of Mines and Minerals within
the | ||||||
19 | Department of Natural Resources.
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20 | (5) The Office of the State Fire Marshal.
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21 | (6) The Division of Water Resources of the Department | ||||||
22 | of
Natural Resources.
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23 | (7) The Illinois Department of Agriculture.
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24 | (8) The Illinois Emergency Management Agency.
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25 | (9) The Illinois Department of Nuclear Safety.
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26 | (10) The Illinois Department of Commerce and Economic | ||||||
27 | Opportunity
Community Affairs .
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28 | (b) The Committee shall meet not less than
twice each | ||||||
29 | calendar year and shall:
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30 | (1) Review and coordinate the State's policy on | ||||||
31 | groundwater protection.
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32 | (2) Review and evaluate State laws, regulations and |
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1 | procedures that
relate to groundwater protection.
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2 | (3) Review and evaluate the status of the State's | ||||||
3 | efforts to improve
the quality of the groundwater and of | ||||||
4 | the State enforcement efforts for
protection of the | ||||||
5 | groundwater and make recommendations on improving the
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6 | State efforts to protect the groundwater.
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7 | (4) Recommend procedures for better coordination among | ||||||
8 | State
groundwater programs and with local programs related | ||||||
9 | to groundwater protection.
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10 | (5) Review and recommend procedures to coordinate the | ||||||
11 | State's response
to specific incidents of groundwater | ||||||
12 | pollution and coordinate dissemination
of information | ||||||
13 | between agencies responsible for the State's response.
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14 | (6) Make recommendations for and prioritize the | ||||||
15 | State's groundwater
research needs.
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16 | (7) Review, coordinate and evaluate groundwater data | ||||||
17 | collection and
analysis.
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18 | (8) Beginning on January 1, 1990, report biennially to | ||||||
19 | the Governor
and the General Assembly on groundwater
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20 | quality, quantity, and the State's enforcement efforts. | ||||||
21 | Beginning January 1, 2006, the Committee's biennial report | ||||||
22 | shall also include, with input from the Groundwater | ||||||
23 | Advisory Council established under Section 5 of this Act, | ||||||
24 | the priority groundwater protection regional planning | ||||||
25 | committees established pursuant to Section 17.2 of the | ||||||
26 | Environmental Protection Act, and the Right-to-Know | ||||||
27 | Committee established pursuant to Section 25d-5 of the | ||||||
28 | Environmental Protection Act, information on the | ||||||
29 | implementation of this amendatory Act of the 94th General | ||||||
30 | Assembly.
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31 | (c) The Chairman of the Committee shall propose a | ||||||
32 | groundwater protection
regulatory agenda for consideration by | ||||||
33 | the Committee and the Council. The
principal purpose of the | ||||||
34 | agenda shall be to systematically consider the
groundwater |
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1 | protection aspects of relevant federal and State regulatory
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2 | programs and to identify any areas where improvements may be | ||||||
3 | warranted. To
the extent feasible, the agenda may also serve to | ||||||
4 | facilitate a more
uniform and coordinated approach toward | ||||||
5 | protection of groundwaters in
Illinois. Upon adoption of the | ||||||
6 | final agenda by the Committee, the Chairman
of the Committee | ||||||
7 | shall assign a lead agency and any support agencies to
prepare | ||||||
8 | a regulatory assessment report for each item on the agenda. | ||||||
9 | Each
regulatory assessment report shall specify the nature of | ||||||
10 | the
groundwater protection
provisions being implemented and | ||||||
11 | shall evaluate the results achieved
therefrom. Special | ||||||
12 | attention shall be given to any preventive measures
being | ||||||
13 | utilized for protection of groundwaters. The reports shall be
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14 | completed in a timely manner. After review and consideration by | ||||||
15 | the
Committee, the reports shall become the basis for | ||||||
16 | recommending further
legislative or regulatory action.
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17 | (d) No later than January 1, 1992, the Interagency | ||||||
18 | Coordinating
Committee on Groundwater shall provide a | ||||||
19 | comprehensive status report to
the Governor and the General | ||||||
20 | Assembly concerning implementation of this Act.
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21 | (e) The Committee shall consider findings and | ||||||
22 | recommendations that are
provided by the Council, and
respond | ||||||
23 | in writing regarding such matters. The Chairman of the | ||||||
24 | Committee
shall designate a liaison person to serve as a | ||||||
25 | facilitator of
communications with the Council.
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26 | (Source: P.A. 89-445, eff. 2-7-96; revised 12-6-03.)
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27 | Section 99. Effective date. This Act takes effect upon | ||||||
28 | becoming law.".
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