Full Text of SB1787 94th General Assembly
SB1787enr 94TH GENERAL ASSEMBLY
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| AN ACT concerning safety.
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| Be it enacted by the People of the State of Illinois, | 3 |
| represented in the General Assembly:
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| Section 5. The Environmental Protection Act is amended by | 5 |
| changing Section 57.2 as follows:
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| (415 ILCS 5/57.2)
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| Sec. 57.2. Definitions. As used in this Title:
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| "Audit" means a systematic inspection or examination of | 9 |
| plans, reports,
records, or documents to determine the | 10 |
| completeness and accuracy of the data
and
conclusions contained | 11 |
| therein.
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| "Bodily injury" means bodily injury, sickness, or disease | 13 |
| sustained by a
person, including death at any time, resulting | 14 |
| from a release of petroleum from
an underground storage tank.
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| "Release" means any spilling, leaking, emitting, | 16 |
| discharging,
escaping, leaching or disposing of petroleum from | 17 |
| an underground storage tank
into groundwater, surface water or | 18 |
| subsurface soils.
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| "Fill material" means non-native or disturbed materials | 20 |
| used to bed and
backfill around an underground storage tank.
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| "Fund" means the Underground Storage Tank Fund.
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| "Heating Oil" means petroleum that is No. 1, No. 2, No. 4 - | 23 |
| light, No. 4 -
heavy, No. 5 - light, No. 5 - heavy or No. 6 | 24 |
| technical grades of fuel oil; and
other residual fuel oils | 25 |
| including Navy Special Fuel Oil and Bunker C.
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| "Indemnification" means indemnification of an owner or | 27 |
| operator for the
amount of any judgment entered against the | 28 |
| owner or operator in a court of law,
for the amount of any | 29 |
| final order or determination made against the owner or
operator | 30 |
| by an agency of State government or any subdivision thereof, or | 31 |
| for
the amount of any settlement entered into by the owner or | 32 |
| operator, if the
judgment, order, determination, or settlement |
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| arises out of bodily injury or
property damage suffered as a | 2 |
| result of a release of petroleum from an
underground storage | 3 |
| tank owned or operated by the owner or operator.
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| "Corrective action" means activities associated with | 5 |
| compliance with the
provisions of Sections 57.6 and 57.7 of | 6 |
| this Title.
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| "Occurrence" means an accident, including continuous or | 8 |
| repeated exposure
to conditions, that results in a sudden or | 9 |
| nonsudden release from an
underground storage tank.
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| When used in connection with, or when otherwise relating | 11 |
| to, underground
storage tanks, the terms "facility", "owner", | 12 |
| "operator", "underground storage
tank", "(UST)", "petroleum" | 13 |
| and "regulated substance" shall have the meanings
ascribed to | 14 |
| them in Subtitle I of the Hazardous and Solid Waste Amendments | 15 |
| of
1984 (P.L. 98-616), of the Resource Conservation and | 16 |
| Recovery Act of 1976 (P.L.
94-580); provided however that the | 17 |
| term "underground storage tank" shall also
mean an underground | 18 |
| storage tank used exclusively to store heating oil for
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| consumptive use on the premises where stored and which serves | 20 |
| other than a farm
or residential unit ; provided further however | 21 |
| that the term "owner" shall also mean any person who has | 22 |
| submitted to the Agency a written election to proceed under | 23 |
| this Title and has acquired an ownership interest in a site on | 24 |
| which one or more registered tanks have been removed, but on | 25 |
| which corrective action has not yet resulted in the issuance of | 26 |
| a "no further remediation letter" by the Agency pursuant to | 27 |
| this Title .
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| "Licensed Professional Engineer" means a person, | 29 |
| corporation, or
partnership licensed under the laws of the | 30 |
| State of Illinois to practice
professional engineering.
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| "Licensed Professional Geologist" means a person licensed | 32 |
| under the laws of
the State of Illinois to practice as a | 33 |
| professional geologist.
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| "Site" means any single location, place, tract of land or | 35 |
| parcel
of property including contiguous property not separated | 36 |
| by a public
right-of-way.
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| "Site investigation" means activities associated with | 2 |
| compliance with the
provisions of subsection (a) of Section | 3 |
| 57.7.
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| "Property damage" means physical injury to, destruction | 5 |
| of, or contamination
of tangible property, including all | 6 |
| resulting loss of use of that property; or
loss of use of | 7 |
| tangible property that is not physically injured, destroyed, or
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| contaminated, but has been evacuated, withdrawn from use, or | 9 |
| rendered
inaccessible because of a release of petroleum from an | 10 |
| underground storage
tank.
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| "Class I Groundwater" means groundwater that meets the | 12 |
| Class I: Potable
Resource Groundwater criteria set forth in the | 13 |
| Board regulations adopted
pursuant to the Illinois Groundwater | 14 |
| Protection Act.
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| "Class III Groundwater" means groundwater that meets the | 16 |
| Class III: Special
Resource Groundwater criteria set forth in | 17 |
| the Board regulations adopted
pursuant to the Illinois | 18 |
| Groundwater Protection Act.
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| (Source: P.A. 92-554, eff. 6-24-02; 92-735, eff. 7-25-02; | 20 |
| revised 9-9-02.)
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