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| [ House Amendment 003 ] |
90_SB0348sam001
LRB9002369DPccam
1 AMENDMENT TO SENATE BILL 348
2 AMENDMENT NO. . Amend Senate Bill 348 by replacing
3 the title with the following:
4 "AN ACT to amend the Environmental Protection Act by
5 changing Section 58.9."; and
6 by replacing everything after the enacting clause with the
7 following:
8 "Section 5. The Environmental Protection Act is amended
9 by changing Section 58.9 as follows:
10 (415 ILCS 5/58.9)
11 Sec. 58.9. Liability.
12 (a) Cost assignment.
13 (1) Notwithstanding any other provisions of this
14 Act to the contrary, including subsection (f) of Section
15 22.2, in no event may the Agency, the State of Illinois,
16 or any person bring an action pursuant to this Act or the
17 Groundwater Protection Act to require any person to
18 conduct remedial action or to seek recovery of costs for
19 remedial activity conducted by the State of Illinois or
20 any person beyond the remediation of releases of
21 regulated substances that may be attributed to being
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1 proximately caused by such person's act or omission or
2 beyond such person's proportionate degree of
3 responsibility for costs of the remedial action of
4 releases of regulated substances that were proximately
5 caused or contributed to by 2 or more persons.
6 (2) Notwithstanding any provisions in this Act to
7 the contrary, including subsection (f) of Section 22.2,
8 in no event may the State of Illinois or any person
9 require the performance of remedial action pursuant to
10 this Act against any of the following:
11 (A) A person who neither caused nor
12 contributed to in any material respect a release of
13 regulated substances on, in, or under the site that
14 was identified and addressed by the remedial action
15 taken pursuant to this Title.
16 (B) Notwithstanding a landlord's rights
17 against a tenant, a landlord, if the landlord did
18 not know, and could not have reasonably known, of
19 the acts or omissions of a tenant that caused or
20 contributed to, or were likely to have caused or
21 contributed to, a release of regulated substances
22 that resulted in the performance of remedial action
23 at the site.
24 (C) The State of Illinois or any unit of local
25 government if it involuntarily acquires ownership or
26 control of the site by virtue of its function as a
27 sovereign through such means as escheat, bankruptcy,
28 tax delinquency, or abandonment, unless the State of
29 Illinois or unit of local government takes
30 possession of the site and exercises actual, direct,
31 and continual or recurrent managerial control in the
32 operation of the site that causes a release or
33 substantial threat of a release of a regulated
34 substance resulting in removal or remedial activity.
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1 (D) The State of Illinois or any unit of local
2 government if it voluntarily acquires ownership or
3 control of the site through purchase, appropriation,
4 or other means, unless the State of Illinois or the
5 unit of local government takes possession of the
6 site and exercises actual, direct, and continual or
7 recurrent managerial control in the operation of the
8 site that causes a release or substantial threat of
9 a release of a regulated substance resulting in
10 removal or remedial activity.
11 (E) A financial institution, as that term is
12 defined in Section 2 of the Illinois Banking Act and
13 to include the Illinois Housing Development
14 Authority, that has acquired the ownership,
15 operation, management, or control of a site through
16 foreclosure, a deed in lieu of foreclosure,
17 receivership, by exercising of an assignment of
18 rents, as mortgagee in possession or otherwise under
19 the terms of a security interest held by the
20 financial institution, or under the terms of an
21 extension of credit made by the financial
22 institution, unless the financial institution takes
23 actual physical possession of the site and, in so
24 doing, directly causes a release of a regulated
25 substance that results in removal or remedial
26 activity.
27 (F) A corporate fiduciary that has acquired
28 ownership, operation, management, or control of a
29 site through acceptance of a fiduciary appointment
30 unless the corporate fiduciary directly causes a
31 release of a regulated substance resulting in a
32 removal or remedial activity.
33 (b) In the event that the State of Illinois seeks to
34 require a person who may be liable pursuant to this Act to
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1 conduct remedial activities for a release or threatened
2 release of a regulated substance, the Agency shall provide
3 notice to such person. Such notice shall include the
4 necessity to conduct remedial action pursuant to this Title
5 and an opportunity for the person to perform the remedial
6 action.
7 (c) In any instance in which the Agency has issued
8 notice pursuant to subsection (b) of this Section, the
9 Agency and the person to whom such notice was issued may
10 attempt to determine the costs of conducting the remedial
11 action that are attributable to the releases to which such
12 person or any other person caused or contributed.
13 Determinations pursuant to this Section may be made in
14 accordance with rules promulgated by the Board.
15 (d) Within 18 months of the effective date of this
16 amendatory Act of 1995, The Board shall adopt, not later than
17 January 1, 1999, pursuant to Sections 27 and 28 of this Act,
18 rules and procedures for determining proportionate share.
19 Such rules shall, at a minimum, provide for criteria for the
20 determination of apportioned responsibility based upon the
21 degree to which a person directly caused or contributed to a
22 release of regulated substances on, in, or under the site
23 identified and addressed in the remedial action; procedures
24 to establish how and when such persons may file a petition
25 for determination of such apportionment; and any other
26 standards or procedures which the Board may adopt pursuant to
27 this Section. In developing such rules, the Board shall take
28 into consideration any recommendations and proposals of the
29 Agency and the Site Remediation Advisory Committee
30 established in Section 58.11 of this Act and other interested
31 participants.
32 (e) Nothing in this Section shall limit the authority of
33 the Agency to provide notice under subsection (q) of Section
34 4 or to undertake investigative, preventive, or corrective
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1 action under any other applicable provisions of this Act.
2 The Director of the Agency is authorized to enter into such
3 contracts and agreements as may be necessary to carry out the
4 Agency's duties and responsibilities under this Section as
5 expeditiously as possible.
6 (f) This Section does not apply to any cost recovery
7 action brought by the State under Section 22.2 to recover
8 costs incurred by the State prior to July 1, 1996.
9 (Source: P.A. 89-443, eff. 7-1-96.)
10 Section 99. Effective date. This Act takes effect upon
11 becoming law.".