Full Text of HB1831 103rd General Assembly
HB1831ham002 103RD GENERAL ASSEMBLY | Rep. Amy L. Grant Filed: 3/16/2023
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| 1 | | AMENDMENT TO HOUSE BILL 1831
| 2 | | AMENDMENT NO. ______. Amend House Bill 1831 by replacing | 3 | | everything after the enacting clause with the following:
| 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 | 15 | | contamination as well as the
significant physical features | 16 | | of the site and surrounding area that may affect
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| 1 | | contaminant transport and risk to human health and safety | 2 | | and the environment. | 3 | | (2) Any owner or operator intending to seek payment | 4 | | from the Fund shall
submit to the Agency for approval a | 5 | | site investigation budget that includes,
but is not | 6 | | limited to, an accounting of all costs associated with the
| 7 | | implementation and completion of the site investigation | 8 | | plan. | 9 | | (3) Remediation objectives for the applicable | 10 | | indicator contaminants
shall be determined using the | 11 | | tiered approach to corrective action objectives
rules | 12 | | adopted by the Board pursuant to this Title and Title XVII | 13 | | of this Act.
For the purposes of this Title, "Contaminant | 14 | | of Concern" or "Regulated
Substance of Concern" in the | 15 | | rules means the applicable indicator contaminants
set | 16 | | forth in subsection (d) of this Section and the rules | 17 | | adopted thereunder. | 18 | | (4) Upon the Agency's approval of a site investigation | 19 | | plan, or as
otherwise directed by the Agency, the owner or | 20 | | operator shall conduct a site
investigation in accordance | 21 | | with the plan. | 22 | | (5) Within 30 days after completing the site | 23 | | investigation, the owner
or operator shall submit to the | 24 | | Agency for approval a site investigation
completion | 25 | | report. At a minimum the report shall include all of the | 26 | | following: |
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| 1 | | (A) Executive summary. | 2 | | (B) Site history. | 3 | | (C) Site-specific sampling methods and results. | 4 | | (D) Documentation of all field activities, | 5 | | including quality assurance. | 6 | | (E) Documentation regarding the development of | 7 | | proposed remediation
objectives. | 8 | | (F) Interpretation of results. | 9 | | (G) Conclusions. | 10 | | (b) Corrective action. | 11 | | (1) If the site investigation confirms none of the | 12 | | applicable indicator
contaminants exceed the proposed | 13 | | remediation objectives, within 30 days after
completing | 14 | | the site investigation the owner or operator shall submit | 15 | | to the
Agency for approval a corrective action completion | 16 | | report in accordance with
this Section. | 17 | | (2) If any of the applicable indicator contaminants | 18 | | exceed the
remediation objectives approved for the site, | 19 | | within 30 days after the Agency
approves the site | 20 | | investigation completion report the owner or operator | 21 | | shall
submit to the Agency for approval a corrective | 22 | | action plan designed to mitigate
any threat to human | 23 | | health, human safety, or the environment resulting from | 24 | | the
underground storage tank release. The plan shall | 25 | | describe the selected remedy
and evaluate its ability and | 26 | | effectiveness to achieve the remediation
objectives |
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| 1 | | approved for the site. At a minimum, the report shall | 2 | | include all
of the following: | 3 | | (A) Executive summary. | 4 | | (B) Statement of remediation objectives. | 5 | | (C) Remedial technologies selected. | 6 | | (D) Confirmation sampling plan. | 7 | | (E) Current and projected future use of the | 8 | | property. | 9 | | (F) Applicable preventive, engineering, and | 10 | | institutional controls
including long-term | 11 | | reliability, operating, and maintenance plans, and
| 12 | | monitoring procedures. | 13 | | (G) A schedule for implementation and completion | 14 | | of the plan. | 15 | | (3) Any owner or operator intending to seek payment | 16 | | from the Fund shall
submit to the Agency for approval a | 17 | | corrective action budget that includes,
but is not limited | 18 | | to, an accounting of all costs associated with the
| 19 | | implementation and completion of the corrective action | 20 | | plan. | 21 | | (4) Upon the Agency's approval of a corrective action | 22 | | plan, or as
otherwise directed by the Agency, the owner or | 23 | | operator shall proceed with
corrective action in | 24 | | accordance with the plan. | 25 | | (5) Within 30 days after the completion of a | 26 | | corrective action plan that
achieves applicable |
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| 1 | | remediation objectives the owner or operator shall submit
| 2 | | to the Agency for approval a corrective action completion | 3 | | report. The report
shall demonstrate whether corrective | 4 | | action was completed in accordance with
the approved | 5 | | corrective action plan and whether the remediation | 6 | | objectives
approved for the site, as well as any other | 7 | | requirements of the plan, have
been achieved. | 8 | | (6) If within 4 years after the approval of any | 9 | | corrective action plan
the applicable remediation | 10 | | objectives have not been achieved and the owner or
| 11 | | operator has not submitted a corrective action completion | 12 | | report, the owner or
operator must submit a status report | 13 | | for Agency review. The status report must
include, but is | 14 | | not limited to, a description of the remediation | 15 | | activities
taken to date, the effectiveness of the method | 16 | | of remediation being used, the
likelihood of meeting the | 17 | | applicable remediation objectives using the current
method | 18 | | of remediation, and the date the applicable remediation | 19 | | objectives are
expected to be achieved. | 20 | | (7) If the Agency determines any approved corrective | 21 | | action plan will
not achieve applicable remediation | 22 | | objectives within a reasonable time, based
upon the method | 23 | | of remediation and site specific circumstances, the Agency | 24 | | may
require the owner or operator to submit to the Agency | 25 | | for approval a revised
corrective action plan. If the | 26 | | owner or operator intends to seek payment from
the Fund, |
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| 1 | | the owner or operator must also submit a revised budget. | 2 | | (c) Agency review and approval. | 3 | | (1) Agency approval of any plan and associated budget, | 4 | | as described in
this subsection (c), shall be considered | 5 | | final approval for purposes of
seeking and obtaining | 6 | | payment from the Underground Storage Tank Fund if the
| 7 | | costs associated with the completion of any such plan are | 8 | | less than or equal
to the amounts approved in such budget. | 9 | | (2) In the event the Agency fails to approve, | 10 | | disapprove, or modify any
plan or report submitted | 11 | | pursuant to this Title in writing within 120 days
of the | 12 | | receipt by the Agency, the plan or report shall be | 13 | | considered to be
rejected by operation of law for purposes | 14 | | of this Title and rejected for
purposes of payment from | 15 | | the Underground Storage Tank Fund. | 16 | | (A) For purposes of those plans as identified in | 17 | | paragraph (5) of this
subsection (c), the Agency's | 18 | | review may be an audit procedure. Such review or
audit | 19 | | shall be consistent with the procedure for such review | 20 | | or audit as
promulgated by the Board under Section | 21 | | 57.14. The Agency has the authority to
establish an | 22 | | auditing program to verify compliance of such plans | 23 | | with the
provisions of this Title. | 24 | | (B) For purposes of corrective action plans | 25 | | submitted pursuant to
subsection (b) of this Section | 26 | | for which payment from the Fund is not being
sought, |
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| 1 | | the Agency need not take action on such plan until 120 | 2 | | days after it
receives the corrective action | 3 | | completion report required under subsection (b)
of | 4 | | this Section. In the event the Agency approved the | 5 | | plan, it shall proceed
under the provisions of this | 6 | | subsection (c). | 7 | | (3) In approving any plan submitted pursuant to | 8 | | subsection (a) or (b)
of this Section, the Agency shall | 9 | | determine, by a procedure promulgated by
the Board under | 10 | | Section 57.14, that the costs associated with the plan are
| 11 | | reasonable, will be incurred in the performance of site | 12 | | investigation or
corrective action, and will not be used | 13 | | for site investigation or corrective
action activities in | 14 | | excess of those required to meet the minimum requirements
| 15 | | of this Title. The Agency shall also determine, pursuant | 16 | | to the Project Labor Agreements Act, whether the | 17 | | corrective action shall include a project labor agreement | 18 | | if payment from the Underground Storage Tank Fund is to be | 19 | | requested. | 20 | | (A) For purposes of payment from the Fund, | 21 | | corrective action activities required to meet the | 22 | | minimum requirements of this Title shall include, but | 23 | | not be limited to, the following use of the Board's | 24 | | Tiered Approach to Corrective Action Objectives rules | 25 | | adopted under Title XVII of this Act: | 26 | | (i) For the site where the release occurred, |
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| 1 | | the use of Tier 2 remediation objectives that are | 2 | | no more stringent than Tier 1 remediation | 3 | | objectives. | 4 | | (ii) The use of industrial/commercial property | 5 | | remediation objectives, unless the owner or | 6 | | operator demonstrates that the property being | 7 | | remediated is residential property or being | 8 | | developed into residential property. | 9 | | (iii) The use of groundwater ordinances as | 10 | | institutional controls in accordance with Board | 11 | | rules. | 12 | | (iv) The use of on-site groundwater use | 13 | | restrictions as institutional controls in | 14 | | accordance with Board rules. | 15 | | (B) Any bidding process adopted under Board rules | 16 | | to determine the reasonableness of costs of corrective | 17 | | action must provide for a publicly-noticed, | 18 | | competitive, and sealed bidding process that includes, | 19 | | at a minimum, the following: | 20 | | (i) The owner or operator must issue | 21 | | invitations for bids that include, at a minimum, a | 22 | | description of the work being bid and applicable | 23 | | contractual terms and conditions. The criteria on | 24 | | which the bids will be evaluated must be set forth | 25 | | in the invitation for bids. The criteria may | 26 | | include, but shall not be limited to, criteria for |
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| 1 | | determining acceptability, such as inspection, | 2 | | testing, quality, workmanship, delivery, and | 3 | | suitability for a particular purpose. Criteria | 4 | | that will affect the bid price and be considered | 5 | | in the evaluation of a bid, such as discounts, | 6 | | shall be objectively measurable. | 7 | | (ii) At least 14 days prior to the date set in | 8 | | the invitation for the opening of bids, public | 9 | | notice of the invitation for bids must be | 10 | | published in a local paper of general circulation | 11 | | for the area in which the site is located or on an | 12 | | electronic procurement website approved by the | 13 | | Agency . | 14 | | (iii) Bids must be opened publicly in the | 15 | | presence of one or more witnesses at the time and | 16 | | place designated in the invitation for bids. The | 17 | | name of each bidder, the amount of each bid, and | 18 | | other relevant information as specified in Board | 19 | | rules must be recorded and submitted to the Agency | 20 | | in the applicable budget. After selection of the | 21 | | winning bid, the winning bid and the record of | 22 | | each unsuccessful bid shall be open to public | 23 | | inspection. | 24 | | (iv) Bids must be unconditionally accepted | 25 | | without alteration or correction. Bids must be | 26 | | evaluated based on the requirements set forth in |
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| 1 | | the invitation for bids, which may include | 2 | | criteria for determining acceptability, such as | 3 | | inspection, testing, quality, workmanship, | 4 | | delivery, and suitability for a particular | 5 | | purpose. Criteria that will affect the bid price | 6 | | and be considered in the evaluation of a bid, such | 7 | | as discounts, shall be objectively measurable. The | 8 | | invitation for bids shall set forth the evaluation | 9 | | criteria to be used. | 10 | | (v) Correction or withdrawal of inadvertently | 11 | | erroneous bids before or after selection of the | 12 | | winning bid, or cancellation of winning bids based | 13 | | on bid mistakes, shall be allowed in accordance | 14 | | with Board rules. After bid opening, no changes in | 15 | | bid prices or other provisions of bids prejudicial | 16 | | to the owner or operator or fair competition shall | 17 | | be allowed. All decisions to allow the correction | 18 | | or withdrawal of bids based on bid mistakes shall | 19 | | be supported by a written determination made by | 20 | | the owner or operator. | 21 | | (vi) The owner or operator shall select the | 22 | | winning bid with reasonable promptness by written | 23 | | notice to the lowest responsible and responsive | 24 | | bidder whose bid meets the requirements and | 25 | | criteria set forth in the invitation for bids. The | 26 | | winning bid and other relevant information as |
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| 1 | | specified in Board rules must be recorded and | 2 | | submitted to the Agency in the applicable budget. | 3 | | (vii) All bidding documentation must be | 4 | | retained by the owner or operator for a minimum of | 5 | | 3 years after the costs bid are submitted in an | 6 | | application for payment, except that documentation | 7 | | relating to an appeal, litigation, or other | 8 | | disputed claim must be maintained until at least 3 | 9 | | years after the date of the final disposition of | 10 | | the appeal, litigation, or other disputed claim. | 11 | | All bidding documentation must be made available | 12 | | to the Agency for inspection and copying during | 13 | | normal business hours. | 14 | | (C) Any bidding process adopted under Board rules | 15 | | to determine the reasonableness of costs of corrective | 16 | | action shall (i) be optional and (ii) allow bidding | 17 | | only if the owner or operator demonstrates that | 18 | | corrective action cannot be performed for amounts less | 19 | | than or equal to maximum payment amounts adopted by | 20 | | the Board. | 21 | | (4) For any plan or report received after June 24,
| 22 | | 2002, any action by the Agency to disapprove or modify a | 23 | | plan submitted
pursuant to this Title shall be provided to | 24 | | the owner or operator in writing
within 120 days of the | 25 | | receipt by the Agency or, in the case of a site
| 26 | | investigation plan or corrective action plan for which |
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| 1 | | payment is not being
sought, within 120 days of receipt of | 2 | | the site investigation completion report
or corrective | 3 | | action completion report, respectively, and shall be | 4 | | accompanied
by: | 5 | | (A) an explanation of the Sections of this Act | 6 | | which may be violated
if the plans were approved; | 7 | | (B) an explanation of the provisions of the | 8 | | regulations, promulgated
under this Act, which may be | 9 | | violated if the plan were approved; | 10 | | (C) an explanation of the specific type of | 11 | | information, if any,
which the Agency deems the | 12 | | applicant did not provide the Agency; and | 13 | | (D) a statement of specific reasons why the Act | 14 | | and the regulations
might not be met if the plan were | 15 | | approved. | 16 | | Any action by the Agency to disapprove or modify a | 17 | | plan or report or
the rejection of any plan or report by | 18 | | operation of law shall be subject
to appeal to the Board in | 19 | | accordance with the procedures of Section 40. If
the owner | 20 | | or operator elects to incorporate modifications required | 21 | | by the
Agency rather than appeal, an amended plan shall be | 22 | | submitted to the Agency
within 35 days of receipt of the | 23 | | Agency's written notification. | 24 | | (5) For purposes of this Title, the term "plan" shall | 25 | | include: | 26 | | (A) Any site investigation plan submitted pursuant |
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| 1 | | to subsection (a)
of this Section; | 2 | | (B) Any site investigation budget submitted | 3 | | pursuant to subsection (a)
of this Section; | 4 | | (C) Any corrective action plan submitted pursuant | 5 | | to
subsection (b) of this Section; or | 6 | | (D) Any corrective action plan budget submitted | 7 | | pursuant to
subsection (b) of this Section. | 8 | | (d) For purposes of this Title, the term "indicator | 9 | | contaminant" shall
mean, unless and until the Board | 10 | | promulgates regulations to the contrary, the
following: (i) if | 11 | | an underground storage tank contains gasoline, the indicator
| 12 | | parameter shall be BTEX and Benzene; (ii) if the tank | 13 | | contained petroleum
products consisting of middle distillate | 14 | | or heavy ends, then the indicator
parameter shall be | 15 | | determined by a scan of PNA's taken from the location where
| 16 | | contamination is most likely to be present; and (iii) if the | 17 | | tank contained
used oil, then the indicator contaminant shall | 18 | | be those chemical constituents
which indicate the type of | 19 | | petroleum stored in an underground storage tank.
All | 20 | | references in this Title to groundwater objectives shall mean | 21 | | Class I
groundwater standards or objectives as applicable. | 22 | | (e) (1) Notwithstanding the provisions of this Section, an | 23 | | owner or
operator may proceed to conduct site | 24 | | investigation or corrective action prior
to the submittal | 25 | | or approval of an otherwise required plan. If the owner or
| 26 | | operator elects to so proceed, an applicable plan shall be |
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| 1 | | filed with the
Agency at any time. Such plan shall detail | 2 | | the steps taken to determine the
type of site | 3 | | investigation or corrective action which was necessary at | 4 | | the site
along with the site investigation or corrective | 5 | | action taken or to be taken, in
addition to costs | 6 | | associated with activities to date and anticipated costs. | 7 | | (2) Upon receipt of a plan submitted after activities | 8 | | have commenced at a
site, the Agency shall proceed to | 9 | | review in the same manner as required under
this Title. In | 10 | | the event the Agency disapproves all or part of the costs, | 11 | | the
owner or operator may appeal such decision to the | 12 | | Board. The owner or operator
shall not be eligible to be | 13 | | reimbursed for such disapproved costs unless and
until the | 14 | | Board determines that such costs were eligible for
| 15 | | payment. | 16 | | (f) All investigations, plans, and reports conducted or | 17 | | prepared under
this Section shall be conducted or prepared | 18 | | under the supervision of a
licensed professional engineer and | 19 | | in accordance with the requirements
of this Title. | 20 | | (Source: P.A. 98-109, eff. 7-25-13.)".
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