Illinois General Assembly - Full Text of HB0300
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Full Text of HB0300  99th General Assembly

HB0300 99TH GENERAL ASSEMBLY

  
  

 


 
99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
HB0300

 

Introduced , by Rep. Jay Hoffman

 

SYNOPSIS AS INTRODUCED:
 
415 ILCS 5/57.10

    Amends the Environmental Protection Act. Provides that the Illinois Environmental Protection Agency shall issue to the owner or operator of an underground storage tank a no further remediation letter if (i) the owner or operator submits to the Agency a certification from a licensed professional engineer that the work described in the approved corrective action plan has been completed successfully to a boring level acceptable to the Agency, (ii) the groundwater at the site will not be used for human consumption, (iii) the site is zoned for non-residential use, and (iv) the site is located in a municipality with a population of not more than 50,000.


LRB099 03696 MGM 23707 b

 

 

A BILL FOR

 

HB0300LRB099 03696 MGM 23707 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 Section 57.10 as follows:
 
6    (415 ILCS 5/57.10)
7    Sec. 57.10. Professional Engineer or Professional
8Geologist certification; presumptions against liability.
9    (a) Within 120 days of the Agency's receipt of a corrective
10action completion report, the Agency shall issue to the owner
11or operator a "no further remediation letter" unless the Agency
12has requested a modification, issued a rejection under
13subsection (d) of this Section, or the report has been rejected
14by operation of law.
15    (a-5) The Agency shall issue to the owner or operator a no
16further remediation letter if (i) the owner or operator submits
17to the Agency a certification from a licensed professional
18engineer that the work described in the approved corrective
19action plan has been completed successfully to a boring level
20acceptable to the Agency, (ii) the groundwater at the site will
21not be used for human consumption, (iii) the site is zoned for
22non-residential use, and (iv) the site is located in a
23municipality with a population of not more than 50,000.

 

 

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1    (b) By certifying such a statement, a Licensed Professional
2Engineer or Licensed Professional Geologist shall in no way be
3liable thereon, unless the engineer or geologist gave such
4certification despite his or her actual knowledge that the
5performed measures were not in compliance with applicable
6statutory or regulatory requirements or any plan submitted to
7the Agency.
8    (c) The Agency's issuance of a no further remediation
9letter shall signify, based on the certification of the
10Licensed Professional Engineer, that:
11        (1) all statutory and regulatory corrective action
12    requirements applicable to the occurrence have been
13    complied with;
14        (2) all corrective action concerning the remediation
15    of the occurrence has been completed; and
16        (3) no further corrective action concerning the
17    occurrence is necessary for the protection of human health,
18    safety and the environment.
19This subsection (c) does not apply to off-site contamination
20related to the occurrence that has not been remediated due to
21denial of access to the off-site property.
22    (d) The no further remediation letter issued under this
23Section shall apply in favor of the following parties:
24        (1) The owner or operator to whom the letter was
25    issued.
26        (2) Any parent corporation or subsidiary of such owner

 

 

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1    or operator.
2        (3) Any co-owner or co-operator, either by joint
3    tenancy, right-of-survivorship, or any other party sharing
4    a legal relationship with the owner or operator to whom the
5    letter is issued.
6        (4) Any holder of a beneficial interest of a land trust
7    or inter vivos trust whether revocable or irrevocable.
8        (5) Any mortgagee or trustee of a deed of trust of such
9    owner or operator.
10        (6) Any successor-in-interest of such owner or
11    operator.
12        (7) Any transferee of such owner or operator whether
13    the transfer was by sale, bankruptcy proceeding,
14    partition, dissolution of marriage, settlement or
15    adjudication of any civil action, charitable gift, or
16    bequest.
17        (8) Any heir or devisee or such owner or operator.
18        (9) An owner of a parcel of real property to the extent
19    that the no further remediation letter under subsection (c)
20    of this Section applies to the occurrence on that parcel.
21    (e) If the Agency notifies the owner or operator that the
22"no further remediation" letter has been rejected, the grounds
23for such rejection shall be described in the notice. Such a
24decision shall be a final determination which may be appealed
25by the owner or operator.
26    (f) The Board shall adopt rules setting forth the criteria

 

 

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1under which the Agency may require an owner or operator to
2conduct further investigation or remediation related to a
3release for which a no further remediation letter has been
4issued.
5    (g) Holders of security interests in sites subject to the
6requirements of this Title XVI shall be entitled to the same
7protections and subject to the same responsibilities provided
8under general regulations promulgated under Subtitle I of the
9Hazardous and Solid Waste Amendments of 1984 (P.L. 98-616) of
10the Resource Conservation and Recovery Act of 1976 (P.L.
1194-580).
12(Source: P.A. 94-276, eff. 1-1-06.)