Illinois Compiled Statutes
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415 ILCS 5/58.2
(415 ILCS 5/58.2)
The following words and phrases when used in this
Title shall have the meanings given to them in this Section unless the context
clearly indicates otherwise:
"Agrichemical facility" means a site on which agricultural pesticides are
stored or handled, or both, in preparation for end use, or distributed. The
term does not include basic manufacturing facility sites.
"ASTM" means the American Society for Testing and Materials.
"Area background" means concentrations of regulated substances that are
consistently present in the environment in the vicinity of a site that are the
result of natural conditions or human activities, and not the result solely of
releases at the site.
"Brownfields site" or "brownfields" means a parcel of real property, or a
portion of the parcel, that has actual or perceived contamination and an
active potential for redevelopment.
"Class I groundwater" means groundwater that meets the Class I Potable
Resource groundwater criteria set forth in the Board rules adopted under the
Illinois Groundwater Protection Act.
"Class III groundwater" means groundwater that meets the Class III Special
Resource Groundwater criteria set forth in the Board rules adopted under the
Illinois Groundwater Protection Act.
"Carcinogen" means a contaminant that is classified as a Category A1 or A2
Carcinogen by the American Conference of Governmental Industrial Hygienists; or
a Category 1 or 2A/2B Carcinogen by the World Health Organizations
International Agency for Research on Cancer; or a "Human Carcinogen" or
"Anticipated Human Carcinogen" by the United States Department of Health and
Human Service National Toxicological Program; or a Category A or B1/B2
Carcinogen by the United States Environmental Protection Agency in Integrated
Risk Information System or a Final Rule issued in a Federal Register notice by
the USEPA as of the effective date of this amendatory Act of 1995.
"Licensed Professional Engineer" (LPE) means a person, corporation, or
partnership licensed under the laws of this State to practice professional
"Licensed Professional Geologist" means a person licensed under the laws of
the State of Illinois to practice as a professional geologist.
"RELPEG" means a Licensed Professional Engineer or a Licensed Professional
Geologist engaged in review and evaluation under this Title.
"Man-made pathway" means constructed routes that may allow for the
transport of regulated substances including, but not limited to, sewers,
utility lines, utility vaults, building foundations, basements, crawl spaces,
drainage ditches, or previously excavated and filled areas.
"Municipality" means an incorporated city, village, or town in this State.
"Municipality" does not mean a township, town when that term is used as the
equivalent of a
township, incorporated town that has superseded a civil township, county,
or school district, park district, sanitary district, or similar governmental
"Natural pathway" means natural routes for the transport of regulated
substances including, but not limited to, soil, groundwater, sand seams and
lenses, and gravel seams and lenses.
"Person" means individual, trust, firm, joint stock company, joint venture,
consortium, commercial entity, corporation (including a government
corporation), partnership, association, State, municipality, commission,
political subdivision of a State, or any interstate body including the United
States Government and each department, agency, and instrumentality of the
"Regulated substance" means any hazardous substance as defined under Section
101(14) of the Comprehensive Environmental Response, Compensation, and
Liability Act of 1980 (P.L. 96-510) and petroleum products including crude oil
or any fraction thereof, natural gas, natural gas liquids, liquefied natural
gas, or synthetic gas usable for fuel (or mixtures of natural gas and such
"Remedial action" means activities associated with compliance with the
provisions of Sections 58.6 and 58.7.
"Remediation Applicant" (RA) means any person seeking to perform or
performing investigative or remedial activities under this Title, including the
owner or operator of the site or persons authorized by law or consent to act
on behalf of or in lieu of the owner or operator of the site.
"Remediation costs" means reasonable costs paid for investigating
and remediating regulated substances of concern consistent with the remedy
selected for a site.
of Section 58.14, "remediation costs" shall not include costs incurred prior to
January 1, 1998, costs incurred after the issuance of a No Further
Remediation Letter under Section 58.10 of this Act, or costs incurred more than
12 months prior to acceptance into the Site Remediation Program.
For the purpose of Section 58.14a, "remediation costs" do not include any costs incurred before January 1, 2007, any costs incurred after the issuance of a No Further Remediation Letter under Section 58.10, or any costs incurred more than 12 months before acceptance into the Site Remediation Program.
"Residential property" means any real property that is used for habitation by
individuals and other property uses defined by Board rules such as education,
health care, child care and related uses.
"River Edge Redevelopment Zone" has the meaning set forth under the River Edge Redevelopment Zone Act.
"Site" means any single location, place, tract of land or parcel of property,
or portion thereof, including contiguous property separated by a public
"Regulated substance of concern" means any contaminant that is expected to be
present at the site based upon past and current land uses and associated
releases that are known to the Remediation Applicant based upon reasonable
(Source: P.A. 95-454, eff. 8-27-07.)