96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
SB1676

 

Introduced 2/19/2009, by Sen. Matt Murphy

 

SYNOPSIS AS INTRODUCED:
 
415 ILCS 5/57.7

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


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FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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