Illinois General Assembly - Full Text of HB3819
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Full Text of HB3819  99th General Assembly


Rep. Michael W. Tryon

Filed: 3/20/2015





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2    AMENDMENT NO. ______. Amend House Bill 3819 on page 25,
3immediately below line 12, by inserting the following:
4    "Section 10. The Uniform Environmental Covenants Act is
5amended by changing Sections 2 and 11 as follows:
6    (765 ILCS 122/2)
7    Sec. 2. Definitions. In this Act:
8    (1) "Activity and use limitations" means restrictions or
9obligations created under this Act with respect to real
11    (2) "Agency" means the Illinois Environmental Protection
12Agency or any other State or federal agency that determines or
13approves the environmental response project pursuant to which
14the environmental covenant is created.
15    "Board" means the Pollution Control Board established by
16the Environmental Protection Act.



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1    (3) "Common interest community" means a condominium,
2cooperative, or other real property with respect to which a
3person, by virtue of the person's ownership of a parcel of real
4property, is obligated to pay property taxes or insurance
5premiums, or for maintenance, or improvement of other real
6property described in a recorded covenant that creates the
7common interest community.
8    (4) "Environmental covenant" means a servitude that (i)
9arises arising under an environmental response project or under
10a court or Board order and (ii) that imposes activity and use
12    (5) "Environmental response project" means a plan or work
13that is:
14        (1) approved or overseen by an agency; and
15        (2) performed for environmental remediation of any
16    site or facility in response to contamination at any one or
17    more of real property at the following sites or facilities:
18            (A) all sites or facilities that are listed as
19        proposed or final on the National Priorities List
20        pursuant to Section 105 of the Comprehensive
21        Environmental Response, Compensation and Liability Act
22        of 1980, as amended (42 U.S.C. 9601 et seq.);
23            (B) all sites or facilities undergoing remediation
24        pursuant to an administrative order issued pursuant to
25        Section 106 of the Comprehensive Environmental
26        Response, Compensation and Liability Act of 1980, as



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1        amended (42 U.S.C. 9601 et seq.);
2            (C) all sites or facilities that are or were
3        formerly owned or operated by a department, agency, or
4        instrumentality of the United States that are
5        undergoing remediation pursuant to Section 120 of the
6        Comprehensive Environmental Response, Compensation and
7        Liability Act of 1980, as amended (42 U.S.C. 9601 et
8        seq.);
9            (D) all sites or facilities undergoing remediation
10        pursuant to a settlement agreement pursuant to Section
11        122 of the Comprehensive Environmental Response,
12        Compensation and Liability Act of 1980, as amended (42
13        U.S.C. 9601 et seq.);
14            (E) all sites or facilities undergoing remediation
15        pursuant to Section 3008(h) of the Resource
16        Conservation and Recovery Act of 1976 (42 U.S.C. 6901
17        et seq.);
18            (F) all sites or facilities undergoing remediation
19        pursuant to Section 7003 of the Resource Conservation
20        and Recovery Act of 1976 (42 U.S.C. 6901 et seq.); or
21            (G) all sites or facilities undergoing remediation
22        pursuant to a court or Board board order issued
23        pursuant to the Illinois Environmental Protection Act
24        (415 ILCS 5/1 et seq.) with the approval of the Agency;
25        or .
26            (H) sites or facilities undergoing remediation



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1        pursuant to a Compliance Commitment Agreement entered
2        into under Section 31 of the Environmental Protection
3        Act.
4    (6) "Holder" means the grantee of an environmental covenant
5as specified in Section 3(a).
6    (7) "Person" means an individual, corporation, business
7trust, estate, trust, partnership, limited liability company,
8association, joint venture, public corporation, government,
9governmental subdivision, agency, or instrumentality, or any
10other legal or commercial entity.
11    (8) "Prior interest" means a preceding or senior interest,
12in time or in right, that is recorded with respect to the real
13property, including but not limited to a mortgage, easement, or
14other interest, lien, or encumbrance predating the recording of
15an environmental covenant.
16    (9) "Record", used as a noun, means information that is
17inscribed on a tangible medium or that is stored in an
18electronic or other medium and is retrievable in perceivable
20    (10) "State" means a state of the United States, the
21District of Columbia, Puerto Rico, the United States Virgin
22Islands, or any territory or insular possession subject to the
23jurisdiction of the United States.
24(Source: P.A. 95-845, eff. 1-1-09.)
25    (765 ILCS 122/11)



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1    Sec. 11. Enforcement of environmental covenant.
2    (a) A civil action for injunctive or other equitable relief
3for violation of an environmental covenant may be maintained
5        (1) A party to the covenant.
6        (2) The agency or, if it is not the agency, the
7    Illinois Environmental Protection Agency.
8        (3) Any person to whom the covenant expressly grants
9    power to enforce.
10        (4) A person whose interest in the real property or
11    whose collateral or liability may be affected by the
12    alleged violation of the covenant.
13        (5) A municipality or other unit of local government in
14    which the real property subject to the covenant is located.
15        (6) Any agency that is enforcing the terms of any court
16    or Board order.
17    (b) This Act does not limit the regulatory authority of the
18agency or the Illinois Environmental Protection Agency under
19law other than this Act with respect to an environmental
20response project.
21    (c) A person is not responsible for or subject to liability
22for environmental remediation solely because it has the right
23to enforce an environmental covenant.
24(Source: P.A. 95-845, eff. 1-1-09.)".