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| [ Senate Amendment 001 ] |
90_SB0348eng
415 ILCS 5/19.8 from Ch. 111 1/2, par. 1019.8
Amends the Environmental Protection Act to add a caption.
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1 AN ACT to amend the Environmental Protection Act by
2 changing Section 58.9.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Environmental Protection Act is amended
6 by changing Section 58.9 as follows:
7 (415 ILCS 5/58.9)
8 Sec. 58.9. Liability.
9 (a) Cost assignment.
10 (1) Notwithstanding any other provisions of this
11 Act to the contrary, including subsection (f) of Section
12 22.2, in no event may the Agency, the State of Illinois,
13 or any person bring an action pursuant to this Act or the
14 Groundwater Protection Act to require any person to
15 conduct remedial action or to seek recovery of costs for
16 remedial activity conducted by the State of Illinois or
17 any person beyond the remediation of releases of
18 regulated substances that may be attributed to being
19 proximately caused by such person's act or omission or
20 beyond such person's proportionate degree of
21 responsibility for costs of the remedial action of
22 releases of regulated substances that were proximately
23 caused or contributed to by 2 or more persons.
24 (2) Notwithstanding any provisions in this Act to
25 the contrary, including subsection (f) of Section 22.2,
26 in no event may the State of Illinois or any person
27 require the performance of remedial action pursuant to
28 this Act against any of the following:
29 (A) A person who neither caused nor
30 contributed to in any material respect a release of
31 regulated substances on, in, or under the site that
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1 was identified and addressed by the remedial action
2 taken pursuant to this Title.
3 (B) Notwithstanding a landlord's rights
4 against a tenant, a landlord, if the landlord did
5 not know, and could not have reasonably known, of
6 the acts or omissions of a tenant that caused or
7 contributed to, or were likely to have caused or
8 contributed to, a release of regulated substances
9 that resulted in the performance of remedial action
10 at the site.
11 (C) The State of Illinois or any unit of local
12 government if it involuntarily acquires ownership or
13 control of the site by virtue of its function as a
14 sovereign through such means as escheat, bankruptcy,
15 tax delinquency, or abandonment, unless the State of
16 Illinois or unit of local government takes
17 possession of the site and exercises actual, direct,
18 and continual or recurrent managerial control in the
19 operation of the site that causes a release or
20 substantial threat of a release of a regulated
21 substance resulting in removal or remedial activity.
22 (D) The State of Illinois or any unit of local
23 government if it voluntarily acquires ownership or
24 control of the site through purchase, appropriation,
25 or other means, unless the State of Illinois or the
26 unit of local government takes possession of the
27 site and exercises actual, direct, and continual or
28 recurrent managerial control in the operation of the
29 site that causes a release or substantial threat of
30 a release of a regulated substance resulting in
31 removal or remedial activity.
32 (E) A financial institution, as that term is
33 defined in Section 2 of the Illinois Banking Act and
34 to include the Illinois Housing Development
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1 Authority, that has acquired the ownership,
2 operation, management, or control of a site through
3 foreclosure, a deed in lieu of foreclosure,
4 receivership, by exercising of an assignment of
5 rents, as mortgagee in possession or otherwise under
6 the terms of a security interest held by the
7 financial institution, or under the terms of an
8 extension of credit made by the financial
9 institution, unless the financial institution takes
10 actual physical possession of the site and, in so
11 doing, directly causes a release of a regulated
12 substance that results in removal or remedial
13 activity.
14 (F) A corporate fiduciary that has acquired
15 ownership, operation, management, or control of a
16 site through acceptance of a fiduciary appointment
17 unless the corporate fiduciary directly causes a
18 release of a regulated substance resulting in a
19 removal or remedial activity.
20 (b) In the event that the State of Illinois seeks to
21 require a person who may be liable pursuant to this Act to
22 conduct remedial activities for a release or threatened
23 release of a regulated substance, the Agency shall provide
24 notice to such person. Such notice shall include the
25 necessity to conduct remedial action pursuant to this Title
26 and an opportunity for the person to perform the remedial
27 action.
28 (c) In any instance in which the Agency has issued
29 notice pursuant to subsection (b) of this Section, the
30 Agency and the person to whom such notice was issued may
31 attempt to determine the costs of conducting the remedial
32 action that are attributable to the releases to which such
33 person or any other person caused or contributed.
34 Determinations pursuant to this Section may be made in
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1 accordance with rules promulgated by the Board.
2 (d) Within 18 months of the effective date of this
3 amendatory Act of 1995, The Board shall adopt, not later than
4 January 1, 1999, pursuant to Sections 27 and 28 of this Act,
5 rules and procedures for determining proportionate share.
6 Such rules shall, at a minimum, provide for criteria for the
7 determination of apportioned responsibility based upon the
8 degree to which a person directly caused or contributed to a
9 release of regulated substances on, in, or under the site
10 identified and addressed in the remedial action; procedures
11 to establish how and when such persons may file a petition
12 for determination of such apportionment; and any other
13 standards or procedures which the Board may adopt pursuant to
14 this Section. In developing such rules, the Board shall take
15 into consideration any recommendations and proposals of the
16 Agency and the Site Remediation Advisory Committee
17 established in Section 58.11 of this Act and other interested
18 participants.
19 (e) Nothing in this Section shall limit the authority of
20 the Agency to provide notice under subsection (q) of Section
21 4 or to undertake investigative, preventive, or corrective
22 action under any other applicable provisions of this Act.
23 The Director of the Agency is authorized to enter into such
24 contracts and agreements as may be necessary to carry out the
25 Agency's duties and responsibilities under this Section as
26 expeditiously as possible.
27 (f) This Section does not apply to any cost recovery
28 action brought by the State under Section 22.2 to recover
29 costs incurred by the State prior to July 1, 1996.
30 (Source: P.A. 89-443, eff. 7-1-96.)
31 Section 99. Effective date. This Act takes effect upon
32 becoming law.