Illinois General Assembly - Full Text of HB2901
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Full Text of HB2901  103rd General Assembly

HB2901enr 103RD GENERAL ASSEMBLY

  
  
  

 


 
HB2901 EnrolledLRB103 26825 CPF 53189 b

1    AN ACT concerning safety.
 
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 Sections 58.2 and 58.7 as follows:
 
6    (415 ILCS 5/58.2)
7    Sec. 58.2. Definitions. The following words and phrases
8when used in this Title shall have the meanings given to them
9in this Section unless the context clearly indicates
10otherwise:
11    "Agrichemical facility" means a site on which agricultural
12pesticides are stored or handled, or both, in preparation for
13end use, or distributed. The term does not include basic
14manufacturing facility sites.
15    "ASTM" means the American Society for Testing and
16Materials.
17    "Area background" means concentrations of regulated
18substances that are consistently present in the environment in
19the vicinity of a site that are the result of natural
20conditions or human activities, and not the result solely of
21releases at the site.
22    "Brownfields site" or "brownfields" means a parcel of real
23property, or a portion of the parcel, that has actual or

 

 

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1perceived contamination and an active potential for
2redevelopment.
3    "Class I groundwater" means groundwater that meets the
4Class I Potable Resource groundwater criteria set forth in the
5Board rules adopted under the Illinois Groundwater Protection
6Act.
7    "Class III groundwater" means groundwater that meets the
8Class III Special Resource Groundwater criteria set forth in
9the Board rules adopted under the Illinois Groundwater
10Protection Act.
11    "Carcinogen" means a contaminant that is classified as a
12Category A1 or A2 Carcinogen by the American Conference of
13Governmental Industrial Hygienists; or a Category 1 or 2A/2B
14Carcinogen by the World Health Organizations International
15Agency for Research on Cancer; or a "Human Carcinogen" or
16"Anticipated Human Carcinogen" by the United States Department
17of Health and Human Service National Toxicological Program; or
18a Category A or B1/B2 Carcinogen by the United States
19Environmental Protection Agency in Integrated Risk Information
20System or a Final Rule issued in a Federal Register notice by
21the USEPA as of the effective date of this amendatory Act of
221995.
23    "Licensed Professional Engineer" (LPE) means a person,
24corporation, or partnership licensed under the laws of this
25State to practice professional engineering.
26    "Licensed Professional Geologist" means a person licensed

 

 

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1under the laws of the State of Illinois to practice as a
2professional geologist.
3    "RELPEG" means a Licensed Professional Engineer or a
4Licensed Professional Geologist engaged in review and
5evaluation under this Title.
6    "Man-made pathway" means constructed routes that may allow
7for the transport of regulated substances including, but not
8limited to, sewers, utility lines, utility vaults, building
9foundations, basements, crawl spaces, drainage ditches, or
10previously excavated and filled areas.
11    "Municipality" means an incorporated city, village, or
12town in this State. "Municipality" does not mean a township,
13town when that term is used as the equivalent of a township,
14incorporated town that has superseded a civil township,
15county, or school district, park district, sanitary district,
16or similar governmental district.
17    "Natural pathway" means natural routes for the transport
18of regulated substances including, but not limited to, soil,
19groundwater, sand seams and lenses, and gravel seams and
20lenses.
21    "Person" means individual, trust, firm, joint stock
22company, joint venture, consortium, commercial entity,
23corporation (including a government corporation), partnership,
24association, State, municipality, commission, political
25subdivision of a State, or any interstate body including the
26United States Government and each department, agency, and

 

 

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1instrumentality of the United States.
2    "Regulated substance" means any hazardous substance as
3defined under Section 101(14) of the Comprehensive
4Environmental Response, Compensation, and Liability Act of
51980 (P.L. 96-510) and petroleum products including crude oil
6or any fraction thereof, natural gas, natural gas liquids,
7liquefied natural gas, or synthetic gas usable for fuel (or
8mixtures of natural gas and such synthetic gas).
9    "Remedial action" means activities associated with
10compliance with the provisions of Sections 58.6 and 58.7.
11    "Remediation Applicant" (RA) means any person seeking to
12perform or performing investigative or remedial activities
13under this Title, including an the owner or operator of the
14site or a person persons authorized by law or consent to act on
15behalf of or in lieu of an the owner or operator of the site.
16    "Remediation costs" means reasonable costs paid for
17investigating and remediating regulated substances of concern
18consistent with the remedy selected for a site.
19    For purposes of Section 58.14, "remediation costs" shall
20not include costs incurred prior to January 1, 1998, costs
21incurred after the issuance of a No Further Remediation Letter
22under Section 58.10 of this Act, or costs incurred more than 12
23months prior to acceptance into the Site Remediation Program.
24    For the purpose of Section 58.14a, "remediation costs" do
25not include any costs incurred before January 1, 2007, any
26costs incurred after the issuance of a No Further Remediation

 

 

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1Letter under Section 58.10, or any costs incurred more than 12
2months before acceptance into the Site Remediation Program.
3    "Residential property" means any real property that is
4used for habitation by individuals and other property uses
5defined by Board rules such as education, health care, child
6care and related uses.
7    "River Edge Redevelopment Zone" has the meaning set forth
8under the River Edge Redevelopment Zone Act.
9    "Site" means any single location, place, tract of land or
10parcel of property, or portion thereof, including contiguous
11property separated by a public right-of-way.
12    "Regulated substance of concern" means any contaminant
13that is expected to be present at the site based upon past and
14current land uses and associated releases that are known to
15the Remediation Applicant based upon reasonable inquiry.
16(Source: P.A. 95-454, eff. 8-27-07.)
 
17    (415 ILCS 5/58.7)
18    Sec. 58.7. Review and approvals.
19    (a) Requirements. All plans and reports that are submitted
20pursuant to this Title shall be submitted for review or
21approval in accordance with this Section.
22    (b) Review and evaluation by the Agency.
23        (1) Except for sites excluded under subdivision (a)
24    (2) of Section 58.1, the Agency shall, subject to
25    available resources, agree to provide review and

 

 

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1    evaluation services for activities carried out pursuant to
2    this Title for which the RA requested the services in
3    writing. As a condition for providing such services, the
4    Agency may require that the RA for a site:
5            (A) Conform with the procedures of this Title;
6            (B) Allow for or otherwise arrange site visits or
7        other site evaluation by the Agency when so requested;
8            (C) Agree to perform the Remedial Action Plan as
9        approved under this Title;
10            (D) Agree to pay any reasonable costs incurred and
11        documented by the Agency in providing such services;
12            (E) Make an advance partial payment to the Agency
13        for such anticipated services in the an amount of
14        $2,500 , acceptable to the Agency, but not to exceed
15        $5,000 or one-half of the total anticipated costs of
16        the Agency, whichever sum is less; and
17            (F) Demonstrate, if necessary, authority to act on
18        behalf of or in lieu of the owner or operator.
19        (2) Any moneys received by the State for costs
20    incurred by the Agency in performing review or evaluation
21    services for actions conducted pursuant to this Title
22    shall be deposited in the Hazardous Waste Fund.
23        (3) An RA requesting services under subdivision (b)
24    (1) of this Section may, at any time, notify the Agency, in
25    writing, that Agency services previously requested are no
26    longer wanted. Within 180 days after receipt of the

 

 

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1    notice, the Agency shall provide the RA with a final
2    invoice for services provided until the date of such
3    notifications.
4        (4) The Agency may invoice or otherwise request or
5    demand payment from a RA for costs incurred by the Agency
6    in performing review or evaluation services for actions by
7    the RA at sites only if:
8            (A) The Agency has incurred costs in performing
9        response actions, other than review or evaluation
10        services, due to the failure of the RA to take response
11        action in accordance with a notice issued pursuant to
12        this Act;
13            (B) The RA has agreed in writing to the payment of
14        such costs;
15            (C) The RA has been ordered to pay such costs by
16        the Board or a court of competent jurisdiction
17        pursuant to this Act; or
18            (D) The RA has requested or has consented to
19        Agency review or evaluation services under subdivision
20        (b)  (1) of this Section.
21        (5) The Agency may, subject to available resources,
22    agree to provide review and evaluation services for
23    response actions if there is a written agreement among
24    parties to a legal action or if a notice to perform a
25    response action has been issued by the Agency.
26    (c) Review and evaluation by a RELPEG Licensed

 

 

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1Professional Engineer or Licensed Professional Geologist. A RA
2may elect to contract with a Licensed Professional Engineer
3or, in the case of a site investigation report only, a Licensed
4Professional Geologist, who will perform review and evaluation
5services on behalf of and under the direction of the Agency
6relative to the site activities.
7        (1) Prior to entering into the contract with the
8    RELPEG, the RA shall notify the Agency of the RELPEG to be
9    selected. The Agency and the RA shall discuss the
10    potential terms of the contract.
11        (2) At a minimum, the contract with the RELPEG shall
12    provide that the RELPEG will submit any reports directly
13    to the Agency, will take his or her directions for work
14    assignments from the Agency, and will perform the assigned
15    work on behalf of the Agency.
16        (3) Reasonable costs incurred by the Agency shall be
17    paid by the RA directly to the Agency in accordance with
18    the terms of the review and evaluation services agreement
19    entered into under subdivision (b) (1) of Section 58.7.
20        (4) In no event shall the RELPEG acting on behalf of
21    the Agency be an employee of the RA or the owner or
22    operator of the site or be an employee of any other person
23    the RA has contracted to provide services relative to the
24    site.
25    (d) Review and approval. All reviews required under this
26Title shall be carried out by the Agency or a RELPEG contracted

 

 

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1by the RA pursuant to subsection (c) , both under the direction
2of a Licensed Professional Engineer or, in the case of the
3review of a site investigation only, a Licensed Professional
4Geologist.
5        (1) All review activities conducted by the Agency or a
6    RELPEG shall be carried out in conformance with this Title
7    and rules promulgated under Section 58.11.
8        (2) Subject to the limitations in subsection (c) and
9    this subsection (d), the specific plans, reports, and
10    activities that the Agency or a RELPEG may review include:
11            (A) Site Investigation Reports and related
12        activities;
13            (B) Remediation Objectives Reports;
14            (C) Remedial Action Plans and related activities;
15        and
16            (D) Remedial Action Completion Reports and related
17        activities.
18        (3) Only the Agency shall have the authority to
19    approve, disapprove, or approve with conditions a plan or
20    report as a result of the review process including those
21    plans and reports reviewed by a RELPEG. If the Agency
22    disapproves a plan or report or approves a plan or report
23    with conditions, the written notification required by
24    subdivision (d) (4) of this Section shall contain the
25    following information, as applicable:
26            (A) An explanation of the Sections of this Title

 

 

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1        that may be violated if the plan or report was
2        approved;
3            (B) An explanation of the provisions of the rules
4        promulgated under this Title that may be violated if
5        the plan or report was approved;
6            (C) An explanation of the specific type of
7        information, if any, that the Agency deems the
8        applicant did not provide the Agency;
9            (D) A statement of specific reasons why the Title
10        and regulations might not be met if the plan or report
11        were approved; and
12            (E) An explanation of the reasons for conditions
13        if conditions are required.
14        (4) Upon approving, disapproving, or approving with
15    conditions a plan or report, the Agency shall notify the
16    RA in writing of its decision. In the case of approval or
17    approval with conditions of a Remedial Action Completion
18    Report, the Agency shall prepare a No Further Remediation
19    Letter that meets the requirements of Section 58.10 and
20    send a copy of the letter to the RA.
21        (5) All reviews undertaken by the Agency or a RELPEG
22    shall be completed and the decisions communicated to the
23    RA within 60 days of the request for review or approval of
24    a single plan or report and within 90 days after the
25    request for review or approval of 2 or more plans or
26    reports submitted concurrently. The RA may waive the

 

 

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1    deadline upon a request from the Agency. If the Agency
2    disapproves or approves with conditions a plan or report
3    or fails to issue a final decision within the applicable
4    60-day or 90-day 60 day period and the RA has not agreed to
5    a waiver of the deadline, the RA may, within 35 days, file
6    an appeal to the Board. Appeals to the Board shall be in
7    the manner provided for the review of permit decisions in
8    Section 40 of this Act.
9    (e) Standard of review. In making determinations, the
10following factors, and additional factors as may be adopted by
11the Board in accordance with Section 58.11, shall be
12considered by the Agency when reviewing or approving plans,
13reports, and related activities, or the RELPEG, when reviewing
14plans, reports, and related activities:
15        (1) Site Investigation Reports and related activities:
16    Whether investigations have been conducted and the results
17    compiled in accordance with the appropriate procedures and
18    whether the interpretations and conclusions reached are
19    supported by the information gathered. In making the
20    determination, the following factors shall be considered:
21            (A) The adequacy of the description of the site
22        and site characteristics that were used to evaluate
23        the site;
24            (B) The adequacy of the investigation of potential
25        pathways and risks to receptors identified at the
26        site; and

 

 

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1            (C) The appropriateness of the sampling and
2        analysis used.
3        (2) Remediation Objectives Reports: Whether the
4    remediation objectives are consistent with the
5    requirements of the applicable method for selecting or
6    determining remediation objectives under Section 58.5. In
7    making the determination, the following factors shall be
8    considered:
9            (A) If the objectives were based on the
10        determination of area background levels under
11        subsection (b) of Section 58.5, whether the review of
12        current and historic conditions at or in the immediate
13        vicinity of the site has been thorough and whether the
14        site sampling and analysis has been performed in a
15        manner resulting in accurate determinations;
16            (B) If the objectives were calculated on the basis
17        of predetermined equations using site specific data,
18        whether the calculations were accurately performed and
19        whether the site specific data reflect actual site
20        conditions; and
21            (C) If the objectives were determined using a site
22        specific risk assessment procedure, whether the
23        procedure used is nationally recognized and accepted,
24        whether the calculations were accurately performed,
25        and whether the site specific data reflect actual site
26        conditions.

 

 

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1        (3) Remedial Action Plans and related activities:
2    Whether the plan will result in compliance with this
3    Title, and rules adopted under it and attainment of the
4    applicable remediation objectives. In making the
5    determination, the following factors shall be considered:
6            (A) The likelihood that the plan will result in
7        the attainment of the applicable remediation
8        objectives;
9            (B) Whether the activities proposed are consistent
10        with generally accepted engineering practices; and
11            (C) The management of risk relative to any
12        remaining contamination, including but not limited to,
13        provisions for the long-term enforcement, operation,
14        and maintenance of institutional and engineering
15        controls, if relied on.
16        (4) Remedial Action Completion Reports and related
17    activities: Whether the remedial activities have been
18    completed in accordance with the approved Remedial Action
19    Plan and whether the applicable remediation objectives
20    have been attained.
21    (f) All plans and reports submitted for review shall
22include a Licensed Professional Engineer's certification that
23all investigations and remedial activities were carried out
24under his or her direction and, to the best of his or her
25knowledge and belief, the work described in the plan or report
26has been completed in accordance with generally accepted

 

 

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1engineering practices, and the information presented is
2accurate and complete. In the case of a site investigation
3report prepared or supervised by a Licensed Professional
4Geologist, the required certification may be made by the
5Licensed Professional Geologist (rather than a Licensed
6Professional Engineer) and based upon generally accepted
7principles of professional geology.
8    (g) In accordance with Section 58.11, the Agency shall
9propose and the Board shall adopt rules to carry out the
10purposes of this Section. At a minimum, the rules shall detail
11the types of services the Agency may provide in response to
12requests under subdivision (b) (1) of this Section and the
13recordkeeping it will utilize in documenting to the RA the
14costs incurred by the Agency in providing such services.
15    (h) Public participation.
16        (1) The Agency shall develop guidance to assist RA's
17    in the implementation of a community relations plan to
18    address activity at sites undergoing remedial action
19    pursuant to this Title.
20        (2) The RA may elect to enter into a services
21    agreement with the Agency for Agency assistance in
22    community outreach efforts.
23        (3) The Agency shall maintain a registry listing those
24    sites undergoing remedial action pursuant to this Title.
25        (4) Notwithstanding any provisions of this Section,
26    the RA of a site undergoing remedial activity pursuant to

 

 

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1    this Title may elect to initiate a community outreach
2    effort for the site.
3    (i) Notwithstanding any other provision of this Title, the
4Agency is not required to take action on any submission under
5this Title from or on behalf of an RA if the RA has failed to
6pay all fees due pursuant to an invoice or other request or
7demand for payment under this Title. Any deadline for Agency
8action on such a submission shall be tolled until the fees due
9are paid in full.
10(Source: P.A. 95-331, eff. 8-21-07.)