State of Illinois
92nd General Assembly
Legislation

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[ House Amendment 002 ]


92_HB4471eng

 
HB4471 Engrossed                               LRB9212424LBpr

 1        AN ACT concerning environmental protection.

 2        Be it  enacted  by  the  People  of  the  State  of  Illinois,
 3    represented in the General Assembly:

 4        Section   5.  The Environmental Protection Act is amended
 5    by changing Sections 57.1,  57.2,  57.5,  57.6,  57.7,  57.8,
 6    57.10, and 57.13 and adding Section 57.14A as follows:

 7        (415 ILCS 5/57.1)
 8        Sec. 57.1. Applicability.
 9        (a)  An  owner or operator of an underground storage tank
10    who meets the definition of this Title shall be  required  to
11    conduct   tank   removal,   abandonment   and,  repair,  site
12    investigation, and physical soil classification,  groundwater
13    investigation,  site  classification  or corrective action in
14    accordance with the requirements of the  Leaking  Underground
15    Storage Tank Program.
16        (b)  An  owner  or  operator  of  a  heating  oil tank as
17    defined by this Title may  elect  to  perform  tank  removal,
18    abandonment  or,  repair,  site  investigation, or corrective
19    action, unless the provisions of subsection  (g)  of  Section
20    57.5 are applicable.
21        (c)  All  owners  or  operators who conduct tank removal,
22    repair or, abandonment,  site  investigation,  physical  soil
23    classification,      groundwater      investigation,     site
24    classification or corrective action may be eligible  for  the
25    relief provided for under Section 57.10 of this Title.
26        (d)  The  owners  or  operators,  or both, of underground
27    storage tanks  containing  regulated  substances  other  than
28    petroleum  shall  undertake  corrective action in conformance
29    with  regulations  promulgated  by  the  Illinois   Pollution
30    Control Board.
31    (Source:  P.A.  88-496;  89-428,  eff.  1-1-96;  89-457, eff.
 
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 1    5-22-96.)

 2        (415 ILCS 5/57.2)
 3        Sec. 57.2. Definitions. As used in this Title:
 4        "Audit" means a systematic inspection or  examination  of
 5    plans,  reports,  records,  or  documents  to  determine  the
 6    completeness   and  accuracy  of  the  data  and  conclusions
 7    contained therein.
 8        "Bodily injury" means bodily injury, sickness, or disease
 9    sustained by a person, including death at any time, resulting
10    from a release of petroleum from an underground storage tank.
11        "Release"  means   any   spilling,   leaking,   emitting,
12    discharging,  escaping,  leaching  or  disposing of petroleum
13    from an underground storage tank  into  groundwater,  surface
14    water or subsurface soils.
15        "Fill  material"  means non-native or disturbed materials
16    used to bed and backfill around an underground storage tank.
17        "Fund" means the Underground Storage Tank Fund.
18        "Heating Oil" means petroleum that is No. 1, No. 2, No. 4
19    - light, No. 4 - heavy, No. 5 - light, No. 5 - heavy or No. 6
20    technical grades of fuel oil; and other  residual  fuel  oils
21    including Navy Special Fuel Oil and Bunker C.
22        "Indemnification"  means  indemnification  of an owner or
23    operator for the amount of any judgment entered  against  the
24    owner  or  operator  in a court of law, for the amount of any
25    final order  or  determination  made  against  the  owner  or
26    operator  by an agency of State government or any subdivision
27    thereof, or for the amount of any settlement entered into  by
28    the owner or operator, if the judgment, order, determination,
29    or  settlement arises out of bodily injury or property damage
30    suffered as a result  of  a  release  of  petroleum  from  an
31    underground  storage  tank  owned or operated by the owner or
32    operator.
33        "Corrective  action"  means  activities  associated  with
 
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 1    compliance with the provisions of Sections 57.6 and  57.7  of
 2    this Title.
 3        "Occurrence"  means  an accident, including continuous or
 4    repeated exposure to conditions, that results in a sudden  or
 5    nonsudden release from an underground storage tank.
 6        When  used in connection with, or when otherwise relating
 7    to, underground storage tanks, the terms "facility", "owner",
 8    "operator", "underground storage tank", "(UST)",  "petroleum"
 9    and "regulated substance" shall have the meanings ascribed to
10    them   in  Subtitle  I  of  the  Hazardous  and  Solid  Waste
11    Amendments  of  1984   (P.L.   98-616),   of   the   Resource
12    Conservation and Recovery Act of 1976 (P.L. 94-580); provided
13    however  that  the term "underground storage tank" shall also
14    mean an underground storage tank used  exclusively  to  store
15    heating  oil for consumptive use on the premises where stored
16    and which serves other than a farm or residential unit.
17        "Licensed  Professional   Engineer"   means   a   person,
18    corporation,  or  partnership  licensed under the laws of the
19    State of Illinois to practice professional engineering.
20        "Site" means any single location, place, tract of land or
21    parcel  of  property  including   contiguous   property   not
22    separated by a public right-of-way.
23        "Site  investigation"  means  activities  associated with
24    compliance with the provisions of subsection (a)  of  Section
25    57.7.
26        "Physical  soil  classification"  means verification that
27    subsurface strata are as generally mapped in the  publication
28    Illinois  Geological Survey Circular (1984) titled "Potential
29    for Contamination of Shallow Aquifers in Illinois," by  Berg,
30    Richard C., et al.  Such classification may include review of
31    soil  borings,  well  logs,  physical soil analyses, regional
32    geologic maps, or other scientific publications.
33        "Property damage" means physical injury  to,  destruction
34    of,  or  contamination  of  tangible  property, including all
 
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 1    resulting loss of use of that property; or  loss  of  use  of
 2    tangible  property that is not physically injured, destroyed,
 3    or contaminated, but has been evacuated, withdrawn from  use,
 4    or  rendered  inaccessible  because of a release of petroleum
 5    from an underground storage tank.
 6        "Class I Groundwater" means groundwater  that  meets  the
 7    Class  I:  Potable Resource Groundwater criteria set forth in
 8    the  Board  regulations  adopted  pursuant  to  the  Illinois
 9    Groundwater Protection Act.
10        "Class III Groundwater" means groundwater that meets  the
11    Class  III:   Special Resource Groundwater criteria set forth
12    in the Board regulations adopted  pursuant  to  the  Illinois
13    Groundwater Protection Act.
14    (Source:  P.A.  88-496;  89-428,  eff.  1-1-96;  89-457, eff.
15    5-22-96.)

16        (415 ILCS 5/57.5)
17        Sec. 57.5. Underground Storage  Tanks;  removal;  repair;
18    abandonment.
19        (a)  Notwithstanding  the  eligibility  or  the  level of
20    deductibility of an owner or operator under  the  Underground
21    Storage  Tank  Fund,  any owner or operator of an Underground
22    Storage Tank may seek to remove or abandon  such  tank  under
23    the  provisions  of  this  Title.   In order to be reimbursed
24    under Section 57.8, the owner or operator  must  comply  with
25    the  provisions  of this Title.  In no event will an owner or
26    operator be reimbursed for any costs which exceed the minimum
27    requirements necessary to comply with this Title.
28        (b)  Removal or abandonment  of  an  Underground  Storage
29    Tank  must  be  carried  out  in  accordance with regulations
30    adopted by the Office of State Fire Marshal.
31        (c)  The Office of the State Fire Marshal or a designated
32    agent shall have an inspector on site at the time of removal,
33    abandonment, or such other times the  Office  of  State  Fire
 
HB4471 Engrossed            -5-                LRB9212424LBpr
 1    Marshal  deems  appropriate.   At  such  time,  the inspector
 2    shall, upon preliminary excavation of the tank  site,  render
 3    an  opinion as to whether a release of petroleum has occurred
 4    and, if so, the owner or operator shall report the  known  or
 5    suspected   release  to  the  Illinois  Emergency  Management
 6    Agency.  The owner or operator shall determine whether or not
 7    a release has occurred in conformance  with  the  regulations
 8    adopted  by  the  Board  and  the  Office  of  the State Fire
 9    Marshal. Except that if the opinion  of  the  Office  of  the
10    State  Fire  Marshal inspector is that a release of petroleum
11    has occurred and the  owner  or  operator  has  reported  the
12    release to the Illinois Emergency Management Agency within 24
13    hours  of  removal  of  the  tank,  no  such determination is
14    required under this subsection.  In the event  the  owner  or
15    operator confirms the presence of a release of petroleum, the
16    owner  or  operator  shall  comply  with  Section  57.6.  The
17    inspector  shall  provide  the  owner  or  operator,   or   a
18    designated  agent,  with  an  "Eligibility  and Deductibility
19    Determination" form.  The Office of the  State  Fire  Marshal
20    shall  provide on-site assistance to the owner or operator or
21    a  designated  agent  with  regard  to  the  eligibility  and
22    deductibility procedures as provided in Section 57.9.  If the
23    Office of the State Fire Marshal is not on site,  the  Office
24    of the State Fire Marshal shall provide the owner or operator
25    with  an  "Eligibility  and Deductibility Determination" form
26    within 15 days after  receiving  notice  that  the  confirmed
27    release was reported by the owner or operator.
28        (d)  In   the  event  that  a  release  of  petroleum  is
29    confirmed under subsection (c) of this Section, the owner  or
30    operator may elect to backfill the preliminary excavation and
31    proceed under Section 57.6.
32        (e)  In  the  event  that  an Underground Storage Tank is
33    found to be  ineligible  for  payment  from  the  Underground
34    Storage  Tank Fund, the owner or operator shall proceed under
 
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 1    Sections 57.6 and 57.7.
 2        (f)  In  the  event  that  no  release  of  petroleum  is
 3    confirmed, the owner or operator shall  proceed  to  complete
 4    the  removal  of  the  underground  storage  tank,  and  when
 5    appropriate,  dispose of the tank and backfill the excavation
 6    or, in the alternate, abandon the underground storage tank in
 7    place.  Either option shall be in accordance with regulations
 8    adopted by the Office of the State Fire Marshal.   The  owner
 9    or  operator  shall  certify  to the Office of the State Fire
10    Marshal that the tank removal or abandonment was conducted in
11    accordance with all applicable rules and regulations, and the
12    Office  of  the  State  Fire  Marshal  shall  then  issue   a
13    certificate  of  removal  or  abandonment  to  the  owner  or
14    operator.  If  the  Office of the State Fire Marshal fails to
15    issue a certificate of removal or abandonment within 30  days
16    of  receipt  of the certification, the certification shall be
17    considered rejected by operation of law and  a  final  action
18    appealable to the Board. Nothing in this Title shall prohibit
19    the   Office  of  the  State  Fire  Marshal  from  making  an
20    independent  inspection  of  the  site  and  challenging  the
21    veracity of the owner or operator certification.
22        (g)  The owner or operator of an underground storage tank
23    taken  out  of  operation  before  January  2,  1974,  or  an
24    underground storage tank used exclusively  to  store  heating
25    oil  for  consumptive  use  on  the premises where stored and
26    which serves other than a farm or residential unit shall  not
27    be  required  to  remove or abandon in place such underground
28    storage tank except in the case in which the  Office  of  the
29    State  Fire  Marshal  has  determined that a release from the
30    underground storage tank poses a current or potential  threat
31    to  human health and the environment.  In that case, and upon
32    receipt of an  order  from  the  Office  of  the  State  Fire
33    Marshal,  the  owner  or operator of such underground storage
34    tank  shall  conduct  removal   and,   if   necessary,   site
 
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 1    investigation  and  corrective action in accordance with this
 2    Title and regulations promulgated by the Office of State Fire
 3    Marshal and the Board.
 4        (h)  In the event that a release  of  petroleum  occurred
 5    between September 13, 1993, and August 1, 1994, for which the
 6    Office  of  the  State  Fire  Marshal issued a certificate of
 7    removal or abandonment based  on  its  determination  of  "no
 8    release" or "minor release," and the Office of the State Fire
 9    Marshal  subsequently  has  rescinded  that determination and
10    required a report of a  confirmed  release  to  the  Illinois
11    Emergency  Management  Agency,  the  owner or operator may be
12    eligible  for   reimbursement   for   the   costs   of   site
13    investigation  and corrective action incurred on or after the
14    date of the release but prior  to  the  notification  of  the
15    Illinois  Emergency  Management  Agency.   The  date  of  the
16    release  shall  be  the date of the initial inspection by the
17    Office  of  the  State  Fire  Marshal  as  recorded  in   its
18    inspection  log.   Eligibility  and  deductibility  shall  be
19    determined  in  accordance  with  this  Title,  the  owner or
20    operator must comply with the provisions of this Act and  its
21    rules,  and  in  no  case  shall  the  owner  or  operator be
22    reimbursed for costs exceeding the  minimum  requirements  of
23    this Act and its rules.
24    (Source:  P.A.  88-496;  89-428,  eff.  1-1-96;  89-457, eff.
25    5-22-96.)

26        (415 ILCS 5/57.6)
27        Sec. 57.6. Underground storage tanks; early action.
28        (a)  Owners and operators of  underground  storage  tanks
29    shall, in response to all confirmed releases, comply with all
30    applicable  statutory  and  regulatory reporting and response
31    requirements.
32        (b)  Notwithstanding any other corrective  action  taken,
33    an  owner  or  operator  may,  at  a  minimum,  and  prior to
 
HB4471 Engrossed            -8-                LRB9212424LBpr
 1    submission of any plans to the Agency, remove the tank system
 2    or  abandon  the  underground  storage  tank  in  place,   in
 3    accordance  with the regulations promulgated by the Office of
 4    the State Fire Marshal.   The  owner  or  operator  may  also
 5    remove visibly contaminated fill material and any groundwater
 6    in  the  excavation  which  exhibits a sheen. For purposes of
 7    payment for early action costs, however, fill material  shall
 8    not  be  removed  in  an  amount in excess of 4 feet from the
 9    outside dimensions of the tank.
10    (Source: P.A.  88-496;  89-428,  eff.  1-1-96;  89-457,  eff.
11    5-22-96.)

12        (415 ILCS 5/57.7)
13        Sec.  57.7.   Leaking  underground  storage  tanks;  site
14    investigation   physical   soil  classification,  groundwater
15    investigation, site classification, and corrective action.
16        (a)  Site investigation.
17             (1)  For any site investigation activities  required
18        by statute or rule, the owner or operator shall submit to
19        the   Agency  for  approval  a  site  investigation  plan
20        designed  to   determine   the   nature,   concentration,
21        direction  of  movement,  rate of movement, and extent of
22        the contamination as well  as  the  significant  physical
23        features of the site and surrounding area that may affect
24        contaminant transport and risk to human health and safety
25        and the environment.
26             (2)  Any owner or operator intending to seek payment
27        from  the  Fund shall submit to the Agency for approval a
28        site investigation  budget  that  includes,  but  is  not
29        limited  to,  an  accounting of all costs associated with
30        the   implementation   and   completion   of   the   site
31        investigation plan.
32             (3)  Remediation  objectives  for   the   applicable
33        indicator  contaminants  shall  be  determined  using the
 
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 1        tiered approach to  corrective  action  objectives  rules
 2        adopted  by  the  Board  pursuant to this Title and Title
 3        XVII of  this  Act.  For  the  purposes  of  this  Title,
 4        "Contaminant  of  Concern"  or  "Regulated  Substance  of
 5        Concern"  in  the  rules  means  the applicable indicator
 6        contaminants set forth in subsection (d) of this  Section
 7        and the rules adopted thereunder.
 8             (4)  Upon   the   Agency's   approval   of   a  site
 9        investigation plan,  or  as  otherwise  directed  by  the
10        Agency,  the  owner  or  operator  shall  conduct  a site
11        investigation in accordance with the plan.
12             (5)  Within  30  days  after  completing  the   site
13        investigation,  the owner or operator shall submit to the
14        Agency  for  approval  a  site  investigation  completion
15        report. At a minimum the report shall include all of  the
16        following:
17                  (A)  Executive summary.
18                  (B)  Site history.
19                  (C)  Site-specific    sampling    methods   and
20             results.
21                  (D)  Documentation  of  all  field  activities,
22             including quality assurance.
23                  (E)  Documentation regarding the development of
24             proposed remediation objectives.
25                  (F)  Interpretation of results.
26                  (G)  Conclusions.
27        (b)  Corrective action.
28             (1)  If the site investigation confirms none of  the
29        applicable  indicator  contaminants  exceed  the proposed
30        remediation objectives, within 30 days  after  completing
31        the site investigation the owner or operator shall submit
32        to the Agency for approval a corrective action completion
33        report in accordance with this Section.
34             (2)  If any of the applicable indicator contaminants
 
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 1        exceed  the remediation objectives approved for the site,
 2        within  30  days  after  the  Agency  approves  the  site
 3        investigation completion report  the  owner  or  operator
 4        shall  submit  to  the  Agency  for approval a corrective
 5        action plan designed to  mitigate  any  threat  to  human
 6        health,  human  safety, or the environment resulting from
 7        the underground storage  tank  release.  The  plan  shall
 8        describe the selected remedy and evaluate its ability and
 9        effectiveness   to  achieve  the  remediation  objectives
10        approved for the site. At a  minimum,  the  report  shall
11        include all of the following:
12                  (A)  Executive summary.
13                  (B)  Statement of remediation objectives.
14                  (C)  Remedial technologies selected.
15                  (D)  Confirmation sampling plan.
16                  (E)  Current  and  projected  future use of the
17             property.
18                  (F)  Applicable  preventive,  engineering,  and
19             institutional    controls    including     long-term
20             reliability,  operating,  and maintenance plans, and
21             monitoring procedures.
22                  (G)   A   schedule   for   implementation   and
23             completion of the plan.
24             (3)  Any owner or operator intending to seek payment
25        from the Fund shall submit to the Agency for  approval  a
26        corrective  action  budget  that  includes,  but  is  not
27        limited  to,  an  accounting of all costs associated with
28        the  implementation  and  completion  of  the  corrective
29        action plan.
30             (4)  Upon the  Agency's  approval  of  a  corrective
31        action  plan, or as otherwise directed by the Agency, the
32        owner or operator shall proceed with corrective action in
33        accordance with the plan.
34             (5)  Within  30  days  after  the  completion  of  a
 
HB4471 Engrossed            -11-               LRB9212424LBpr
 1        corrective   action   plan   that   achieves   applicable
 2        remediation objectives the owner or operator shall submit
 3        to the Agency for approval a corrective action completion
 4        report. The report shall demonstrate  whether  corrective
 5        action  was  completed  in  accordance  with the approved
 6        corrective  action  plan  and  whether  the   remediation
 7        objectives  approved  for  the site, as well as any other
 8        requirements of the plan, have been achieved.
 9             (6)  If within 4 years after  the  approval  of  any
10        corrective   action   plan   the  applicable  remediation
11        objectives have  not  been  achieved  and  the  owner  or
12        operator has not submitted a corrective action completion
13        report, the owner or operator must submit a status report
14        for Agency review. The status report must include, but is
15        not   limited   to,  a  description  of  the  remediation
16        activities taken to date, the effectiveness of the method
17        of remediation being used, the likelihood of meeting  the
18        applicable   remediation  objectives  using  the  current
19        method  of  remediation,  and  the  date  the  applicable
20        remediation objectives are expected to be achieved.
21             (7)  If   the   Agency   determines   any   approved
22        corrective  action  plan  will  not  achieve   applicable
23        remediation  objectives  within  a reasonable time, based
24        upon  the  method  of  remediation  and   site   specific
25        circumstances,  the  Agency  may  require  the  owner  or
26        operator  to  submit to the Agency for approval a revised
27        corrective action plan. If the owner or operator  intends
28        to seek payment from the Fund, the owner or operator must
29        also submit a revised budget.
30        (a)  Physical   soil   classification   and   groundwater
31    investigation.
32             (1)  Prior   to   conducting   any   physical   soil
33        classification  and  groundwater investigation activities
34        required by statute or regulation, the owner or  operator
 
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 1        shall  prepare  and submit to the Agency for the Agency's
 2        approval or modification:
 3                       (A)  a physical  soil  classification  and
 4                  groundwater   investigation  plan  designed  to
 5                  determine site  classification,  in  accordance
 6                  with  subsection  (b)  of this Section, as High
 7                  Priority, Low Priority, or No Further Action.
 8                       (B)  a  request  for  payment   of   costs
 9                  associated  with eligible early action costs as
10                  provided  in  Section  57.6(b).   However,  for
11                  purposes of payment  for  early  action  costs,
12                  fill  materials  shall  not  be  removed  in an
13                  amount in excess of 4  feet  from  the  outside
14                  dimensions of the tank.
15             (2)  If  the  owner  or  operator  intends  to  seek
16        payment  from  the Fund, prior to conducting any physical
17        soil   classification   and   groundwater   investigation
18        activities required by statute or regulation,  the  owner
19        or  operator  shall submit to the Agency for the Agency's
20        approval or   modification a physical soil classification
21        and groundwater investigation budget which includes,  but
22        is  not limited to, an accounting of all costs associated
23        with the implementation and completion  of  the  physical
24        soil classification and groundwater investigation plan.
25             (3)  Within  30  days  of completion of the physical
26        soil classification or groundwater  investigation  report
27        the owner or operator shall submit to the Agency:
28                  (A)  all   physical   soil  classification  and
29             groundwater investigation results; and
30                  (B)  a certification by a Licensed Professional
31             Engineer  of  the  site's  classification  as   High
32             Priority,  Low  Priority,  or  No  Further Action in
33             accordance with subsection (b) of  this  Section  as
34             High Priority, Low Priority, or No Further Action.
 
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 1        (b)  Site Classification.
 2             (1)  After   evaluation   of   the   physical   soil
 3        classification  and  groundwater  investigation  results,
 4        when  required,  and  general  site information, the site
 5        shall  be  classified  as  "No  Further   Action",   "Low
 6        Priority",  or  "High Priority" based on the requirements
 7        of this Section.  Site classification shall be determined
 8        by a Licensed Professional Engineer  in  accordance  with
 9        the   requirements   of   this  Title  and  the  Licensed
10        Professional Engineer shall submit a certification to the
11        Agency of the site classification.  The  Agency  has  the
12        authority  to  audit  site  classifications and reject or
13        modify any  site  classification  inconsistent  with  the
14        requirements of this Title.
15             (2)  Sites  shall be classified as No Further Action
16        if the criteria in subparagraph (A) are satisfied:
17                  (A)(i)  The  site  is  located   in   an   area
18             designated  D, E, F and G on the Illinois Geological
19             Survey  Circular  (1984)   titled   "Potential   for
20             Contamination  of  Shallow Aquifers in Illinois," by
21             Berg, Richard C., et al.;
22                  (ii)  A site evaluation under the direction  of
23             a   Licensed   Professional  Engineer  verifies  the
24             physical   soil   classification   conditions    are
25             consistent  with  those  indicated  on  the Illinois
26             Geological Survey Circular (1984) titled  "Potential
27             for  Contamination of Shallow Aquifers in Illinois,"
28             by Berg, Richard C., et al.; and
29                  (iii)  The conditions identified in subsections
30             (b) (3)(B), (C), (D), and (E) do not exist.
31                  (B)  Groundwater investigation  monitoring  may
32             be  required  to  confirm  that  a  site  meets  the
33             criteria  of  a  No  Further  Action site. The Board
34             shall adopt rules setting forth the  criteria  under
 
HB4471 Engrossed            -14-               LRB9212424LBpr
 1             which  the  Agency  may  exercise  its discretionary
 2             authority to require investigations and the  minimum
 3             field requirements for conducting investigations.
 4             (3)  Sites  shall  be classified as High Priority if
 5        any of the following are met:
 6                  (A)  The site is located in an area  designated
 7             A1,  A2, A3, A4, A5, AX, B1, B2, BX, C1, C2, C3, C4,
 8             or C5 on the  Illinois  Geological  Survey  Circular
 9             (1984)   titled   "Potential  for  Contamination  of
10             Shallow Aquifers in Illinois," by Berg, Richard  C.,
11             et  al.;  a site evaluation under the direction of a
12             Licensed Professional Engineer verifies the physical
13             soil classifications conditions are consistent  with
14             those  indicated  on  the Illinois Geological Survey
15             Circular    (1984)    entitled    "Potential     for
16             Contamination  of  Shallow Aquifers in Illinois," by
17             Berg, Richard C., et al.; and  the  results  of  the
18             physical   soil   classification   and   groundwater
19             investigation  indicate that an applicable indicator
20             contaminant   groundwater   quality   standard    or
21             groundwater  objective  has  been  exceeded  at  the
22             property   boundary   line  or  200  feet  from  the
23             excavation, whichever is less as  a  consequence  of
24             the underground storage tank release.
25                  (B)  The underground storage tank is within the
26             minimum  or  maximum setback zone of a potable water
27             supply well or regulated recharge area of a  potable
28             water supply well.
29                  (C)  There is evidence that, through natural or
30             manmade  pathways,  migration of petroleum or vapors
31             threaten human health or human safety or  may  cause
32             explosions   in  basements,  crawl  spaces,  utility
33             conduits, storm or sanitary sewers, vaults or  other
34             confined spaces.
 
HB4471 Engrossed            -15-               LRB9212424LBpr
 1                  (D)  Class  III  special  resource  groundwater
 2             exists within 200 feet of the excavation.
 3                  (E)  A surface water body is adversely affected
 4             by  the  presence of a visible sheen or free product
 5             layer as the result of an underground  storage  tank
 6             release.
 7             (4)  Sites  shall  be  classified as Low Priority if
 8        all of the following are met:
 9                  (A)  The site does not meet any of the criteria
10             for classification as a High Priority Site.
11                  (B) (i)  The site is located in area designated
12             A1, A2, A3, A4, A5, AX, B1, B2, BX, C1, C2, C3,  C4,
13             C5 on the Illinois Geological Survey Circular (1984)
14             entitled  "Potential  for  Contamination  of Shallow
15             Aquifers in Illinois," by Berg, Richard C., et  al.;
16             and
17                  (ii)  a  site evaluation under the direction of
18             a  Licensed  Professional  Engineer   verifies   the
19             physical    soil   classification   conditions   are
20             consistent with  those  indicated  on  the  Illinois
21             Geological  Survey Circular (1984) titled "Potential
22             for Contamination of Shallow Aquifers in  Illinois,"
23             by Berg, Richard C., et al.; and
24                  (iii)  the   results   of   the  physical  soil
25             classification and groundwater investigation do  not
26             indicate   an   applicable   indicator   contaminant
27             groundwater    quality   standard   or   groundwater
28             objective has been exceeded at the property boundary
29             line or 200 feet from the underground storage  tank,
30             whichever is less.
31             (5)  In  the  event the results of the physical soil
32        classification and any required groundwater investigation
33        reveal that the actual site geologic characteristics  are
34        different than those indicated by the Illinois Geological
 
HB4471 Engrossed            -16-               LRB9212424LBpr
 1        Survey    Circular    (1984)    titled   "Potential   for
 2        Contamination of Shallow Aquifers in Illinois"  by  Berg,
 3        Richard  C.,  et al., classification of the site shall be
 4        determined    using    the    actual    site     geologic
 5        characteristics.
 6             (6)  For  purposes  of physical soil classification,
 7        the  Board  is  authorized  to  prescribe  by  regulation
 8        alternatives to use of  the  Illinois  Geological  Survey
 9        Circular  (1984)  titled  "Potential for Contamination of
10        Shallow Aquifers in Illinois" by Berg, Richard C., et al.
11        (c)  Corrective Action.
12             (1)  High Priority Site.
13                  (A)  Prior to  performance  of  any  corrective
14             action,  beyond  that  required  by Section 57.6 and
15             subsection (a) of Section  57.7  of  this  Act,  the
16             owner  or  operator  shall prepare and submit to the
17             Agency for the Agency's approval or  modification  a
18             corrective  action  plan  designed  to  mitigate any
19             threat  to  human  health,  human  safety   or   the
20             environment  resulting  from the underground storage
21             tank release.
22                  (B)  If the owner or operator intends  to  seek
23             payment  from  the Fund, prior to performance of any
24             corrective action beyond that  required  by  Section
25             57.6  and  subsection (a) of Section 57.7, the owner
26             or operator shall  submit  to  the  Agency  for  the
27             Agency's   approval  or  modification  a  corrective
28             action  plan  budget  which  includes,  but  is  not
29             limited to, an accounting of  all  costs  associated
30             with   the  implementation  and  completion  of  the
31             corrective action plan.
32                  (C)  The corrective action plan shall do all of
33             the following:
34                       (i)  Provide  that  applicable   indicator
 
HB4471 Engrossed            -17-               LRB9212424LBpr
 1                  contaminant  groundwater  quality  standards or
 2                  groundwater objectives will not be exceeded  in
 3                  groundwater  at  the  property boundary line or
 4                  200 feet  from  the  excavation,  whichever  is
 5                  less, or other level if approved by the Agency,
 6                  for   any   contaminant   identified   in   the
 7                  groundwater    investigation   after   complete
 8                  performance of the corrective action plan.
 9                       (ii)  Provide  that  Class   III   special
10                  resource   groundwater  quality  standards  for
11                  Class III special resource  groundwater  within
12                  200 feet of the excavation will not be exceeded
13                  as  a  result  of  the underground storage tank
14                  release   for   any    indicator    contaminant
15                  identified  in  the  groundwater  investigation
16                  after  complete  performance of the  corrective
17                  action plan.
18                       (iii)  Remediate  threats   due   to   the
19                  presence  or   migration,  through  natural  or
20                  manmade     pathways,     of    petroleum    in
21                  concentrations sufficient to harm human  health
22                  or  human  safety  or  to  cause  explosions in
23                  basements,  crawl  spaces,  utility   conduits,
24                  storm  or  sanitary  sewers,  vaults  or  other
25                  confined spaces.
26                       (iv)  Remediate threats to a potable water
27                  supply.
28                       (v)  Remediate  threats to a surface water
29                  body.
30                  (D)  Within  30  days  of  completion  of   the
31             corrective  action,  the  owner  or  operator  shall
32             submit  to  the Agency such a completion report that
33             includes a description of the corrective action plan
34             and a description  of  the  corrective  action  work
 
HB4471 Engrossed            -18-               LRB9212424LBpr
 1             performed  and  all  analytical  or sampling results
 2             derived from performance of  the  corrective  action
 3             plan.
 4                  (E)  The  Agency  shall  issue  to the owner or
 5             operator  a  no  further   remediation   letter   in
 6             accordance   with   Section  57.10  if  all  of  the
 7             following are met:
 8                       (i)  The  corrective   action   completion
 9                  report   demonstrates   that:   (a)  applicable
10                  indicator   contaminant   groundwater   quality
11                  standards or  groundwater  objectives  are  not
12                  exceeded  at  the property boundary line or 200
13                  feet from the excavation, whichever is less, as
14                  a  result  of  the  underground  storage   tank
15                  release    for    any   indicator   contaminant
16                  identified in  the  groundwater  investigation;
17                  (b)  Class III special use resource groundwater
18                  quality standards, for Class  III  special  use
19                  resource  groundwater  within  200  feet of the
20                  underground storage tank, are not exceeded as a
21                  result of the underground storage tank  release
22                  for   any   contaminant   identified   in   the
23                  groundwater  investigation; (c) the underground
24                  storage tank release does  not  threaten  human
25                  health  or  human safety due to the presence or
26                  migration, through natural or manmade pathways,
27                  of  petroleum  or   hazardous   substances   in
28                  concentrations  sufficient to harm human health
29                  or human  safety  or  to  cause  explosions  in
30                  basements,   crawl  spaces,  utility  conduits,
31                  storm  or  sanitary  sewers,  vaults  or  other
32                  confined spaces; (d)  the  underground  storage
33                  tank  release  does  not  threaten  any surface
34                  water body; and  (e)  the  underground  storage
 
HB4471 Engrossed            -19-               LRB9212424LBpr
 1                  tank  release  does  not  threaten  any potable
 2                  water supply.
 3                       (ii)  The owner or operator submits to the
 4                  Agency  a   certification   from   a   Licensed
 5                  Professional  Engineer  that the work described
 6                  in the approved corrective action plan has been
 7                  completed and that the information presented in
 8                  the  corrective  action  completion  report  is
 9                  accurate and complete.
10             (2)  Low Priority Site.
11                  (A)  Corrective action at a low  priority  site
12             must  include groundwater monitoring consistent with
13             part (B) of this paragraph (2).
14                  (B)  Prior  to  implementation  of  groundwater
15             monitoring, the owner or operator shall prepare  and
16             submit  to  the Agency a groundwater monitoring plan
17             and, if  the  owner  or  operator  intends  to  seek
18             payment under this Title, an associated budget which
19             includes, at a minimum, all of the following:
20                       (i)  Placement  of  groundwater monitoring
21                  wells at the property line, or at 200 feet from
22                  the excavation which ever is  closer,  designed
23                  to provide the greatest likelihood of detecting
24                  migration of groundwater contamination.
25                       (ii)  Quarterly groundwater sampling for a
26                  period  of  one  year, semi-annual sampling for
27                  the second year and annual groundwater sampling
28                  for  one  subsequent  year  for  all  indicator
29                  contaminants identified during the  groundwater
30                  investigation.
31                       (iii)  The  annual submittal to the Agency
32                  of a summary of groundwater sampling results.
33                  (C)  If  at  any  time   groundwater   sampling
34             results   indicate   a   confirmed   exceedence   of
 
HB4471 Engrossed            -20-               LRB9212424LBpr
 1             applicable indicator contaminant groundwater quality
 2             standards  or  groundwater objectives as a result of
 3             the underground storage tank release, the  site  may
 4             be  reclassified  as  a  High  Priority  Site by the
 5             Agency  at  any  time  before  the  Agency's   final
 6             approval  of  a  Low Priority groundwater monitoring
 7             completion report. Agency review and approval  shall
 8             be  in  accordance  with paragraph (4) of subsection
 9             (c) of this Section. If the owner or operator elects
10             to appeal an Agency action to disapprove, modify, or
11             reject  by  operation  of   law   a   Low   Priority
12             groundwater monitoring completion report, the Agency
13             shall indicate to the Board in conjunction with such
14             appeal  whether it intends to reclassify the site as
15             High Priority. If a site is reclassified as  a  High
16             Priority  Site, the owner or operator shall submit a
17             corrective action plan  and  budget  to  the  Agency
18             within  120  days  of  the  confirmed exceedence and
19             shall initiate compliance with all corrective action
20             requirements for a High Priority Site.
21                  (D)  If, throughout the implementation  of  the
22             groundwater   monitoring   plan,   the   groundwater
23             sampling  results  do  not  confirm an exceedence of
24             applicable indicator contaminant groundwater quality
25             standards or groundwater objectives as a  result  of
26             the  underground  storage tank release, the owner or
27             operator shall submit to the Agency a  certification
28             of a Licensed Professional Engineer so stating.
29                  (E)  Unless   the  Agency  takes  action  under
30             subsection (b)(2)(C) to reclassify a  site  as  high
31             priority,  upon  receipt  of  a  certification  by a
32             Licensed Professional Engineer submitted pursuant to
33             paragraph (2) of subsection (c) of this Section, the
34             Agency shall issue to the owner  or  operator  a  no
 
HB4471 Engrossed            -21-               LRB9212424LBpr
 1             further   remediation   letter  in  accordance  with
 2             Section 57.10.
 3             (3)  No Further Action Site.
 4                  (A)  No  Further  Action   sites   require   no
 5             remediation beyond that required in Section 57.6 and
 6             subsection  (a)  of  this  Section  if  the owner or
 7             operator has submitted to the Agency a certification
 8             by a Licensed Professional Engineer  that  the  site
 9             meets  all  of the criteria for classification as No
10             Further Action in subsection (b) of this Section.
11                  (B)  Unless the Agency takes action  to  reject
12             or modify a site classification under subsection (b)
13             of  this  Section  or  the  site  classification  is
14             rejected  by  operation  of law under item (4)(B) of
15             subsection (c) of this Section, upon  receipt  of  a
16             certification  by  a  Licensed Professional Engineer
17             submitted pursuant to part (A) of paragraph  (3)  of
18             subsection  (c)  of  this  Section, the Agency shall
19             issue  to  the  owner  or  operator  a  no   further
20             remediation letter in accordance with Section 57.10.
21        (c) (4)  Agency review and approval.
22             (1)  (A)  Agency approval of any plan and associated
23        budget, as described in this  subsection  (c)  item  (4),
24        shall  be  considered  final  approval  for  purposes  of
25        seeking   and  obtaining  payment  from  the  Underground
26        Storage Tank  Fund  if  the  costs  associated  with  the
27        completion of any such plan are less than or equal to the
28        amounts approved in such budget.
29             (2)  (B)  In  the event the Agency fails to approve,
30        disapprove,  or  modify  any  plan  or  report  submitted
31        pursuant to this Title in writing within 120 days of  the
32        receipt  by  the  Agency,  the  plan  or  report shall be
33        considered  to  be  rejected  by  operation  of  law  for
34        purposes of this  Title  and  rejected  for  purposes  of
 
HB4471 Engrossed            -22-               LRB9212424LBpr
 1        payment from the Leaking Underground Storage Tank Fund.
 2                  (A)   (i)  For   purposes  of  those  plans  as
 3             identified in paragraph (5) subparagraph (E) of this
 4             subsection (c) (c)(4), the Agency's review may be an
 5             audit procedure.  Such  review  or  audit  shall  be
 6             consistent  with  the  procedure  for such review or
 7             audit as promulgated by the Board under item (7)  of
 8             subsection  (b) of Section 57.14. The Agency has the
 9             authority to establish an auditing program to verify
10             compliance of such plans with the provisions of this
11             Title.
12                  (B) (ii)  For  purposes  of  corrective  action
13             those plans submitted pursuant to subsection (b)  of
14             this  Section  Part  (E) (iii) of this paragraph (4)
15             for which payment from the Fund is not being sought,
16             the Agency need not take action on such  plan  until
17             120  days  after  it  receives the corrective action
18             completion report required under subsection  (b)  of
19             this  Section  Section 57(c)(1)(D). In the event the
20             Agency approved the plan, it shall proceed under the
21             provisions of this subsection (c) Section 57(c)(4).
22             (3) (C)  In approving any plan submitted pursuant to
23        subsection (a) or (b) of this Section Part  (E)  of  this
24        paragraph (4), the Agency shall determine, by a procedure
25        promulgated by the Board under item (7) of subsection (b)
26        of Section 57.14, that the costs associated with the plan
27        are  reasonable,  will  be incurred in the performance of
28        site investigation or corrective action, and will not  be
29        used   for   site   investigation  or  corrective  action
30        activities in  excess  of  those  required  to  meet  the
31        minimum requirements of this Title.
32             (4)  (D)  For  any plan or report received after the
33        effective date of this amendatory Act of 2002  1993,  any
34        action  by  the  Agency  to  disapprove  or modify a plan
 
HB4471 Engrossed            -23-               LRB9212424LBpr
 1        submitted pursuant to this Title shall be provided to the
 2        owner or operator in  writing  within  120  days  of  the
 3        receipt  by  the  Agency  or,  in  the  case  of  a  site
 4        investigation  plan  or  corrective action plan for which
 5        payment is not being sought, within 120 days  of  receipt
 6        of the site investigation completion report or corrective
 7        action  completion  report,  respectively,  and  shall be
 8        accompanied by:
 9                  (A) (i)  an explanation of the Sections of this
10             Act  which  may  be  violated  if  the  plans   were
11             approved;
12                  (B)  (ii)  an  explanation of the provisions of
13             the regulations, promulgated under this  Act,  which
14             may be violated if the plan were approved;
15                  (C)  (iii)  an explanation of the specific type
16             of information, if any, which the Agency  deems  the
17             applicant did not provide the Agency; and
18                  (D)  (iv)  a  statement of specific reasons why
19             the Act and the regulations might not be met if  the
20             plan were approved.
21             Any  action  by the Agency to disapprove or modify a
22        plan or report or the rejection of any plan or report  by
23        operation  of law shall be subject to appeal to the Board
24        in accordance with the procedures of Section 40.  If  the
25        owner  or  operator  elects  to incorporate modifications
26        required by the Agency rather  than  appeal,  an  amended
27        plan  shall  be submitted to the Agency within 35 days of
28        receipt of the Agency's written notification.
29             (5) (E)  For purposes of this Title, the term "plan"
30        shall include:
31                  (A)  Any  site  investigation  plan   submitted
32             pursuant to subsection (a) of this Section;
33                  (B)  Any  site  investigation  budget submitted
34             pursuant to subsection (a) of this Section;
 
HB4471 Engrossed            -24-               LRB9212424LBpr
 1                       (i)  Any physical soil classification  and
 2                  groundwater    investigation   plan   submitted
 3                  pursuant to item (1)(A) of  subsection  (a)  of
 4                  this  Section,  or  budget  under  item  (2) of
 5                  subsection (a) of this Section;
 6                       (ii)  Any groundwater monitoring  plan  or
 7                  budget   submitted   pursuant   to   subsection
 8                  (c)(2)(B) of this Section;
 9                  (C) (iii)  Any corrective action plan submitted
10             pursuant   to   subsection  (b)  (c)(1)(A)  of  this
11             Section; or
12                  (D) (iv)  Any  corrective  action  plan  budget
13             submitted  pursuant  to  subsection (b) (c)(1)(B) of
14             this Section.
15        (d)  For purposes of  this  Title,  the  term  "indicator
16    contaminant"   shall   mean,   unless  and  until  the  Board
17    promulgates regulations to the contrary, the  following:  (i)
18    if   an  underground  storage  tank  contains  gasoline,  the
19    indicator parameter shall be BTEX and Benzene;  (ii)  if  the
20    tank   contained  petroleum  products  consisting  of  middle
21    distillate or heavy ends, then the indicator parameter  shall
22    be  determined  by  a  scan  of PNA's taken from the location
23    where contamination is most likely to be present;  and  (iii)
24    if   the   tank   contained  used  oil,  then  the  indicator
25    contaminant  shall  be  those  chemical  constituents   which
26    indicate  the  type  of  petroleum  stored  in an underground
27    storage tank.  All references in this  Title  to  groundwater
28    objectives  shall  mean  Class  I  groundwater  standards  or
29    objectives as applicable.
30        (e) (1)  Notwithstanding  the provisions of this Section,
31        an  owner  or  operator  may  proceed  to  conduct   site
32        investigation    or    physical    soil   classification,
33        groundwater investigation, site classification  or  other
34        corrective  action  prior to the submittal or approval of
 
HB4471 Engrossed            -25-               LRB9212424LBpr
 1        an otherwise required plan.  If  the  owner  or  operator
 2        elects  to  so proceed, an applicable plan shall be filed
 3        with the Agency at any time.  Such plan shall detail  the
 4        steps  taken  to determine the type of site investigation
 5        or corrective action which  was  necessary  at  the  site
 6        along  with  the  site investigation or corrective action
 7        taken or to be taken, in  addition  to  costs  associated
 8        with activities to date and anticipated costs.
 9             (2)  Upon   receipt   of   a  plan  submitted  after
10        activities have commenced at a  site,  the  Agency  shall
11        proceed  to  review  in the same manner as required under
12        this Title.  In the event the Agency disapproves  all  or
13        part  of the costs, the owner or operator may appeal such
14        decision to the Board.  The owner or operator  shall  not
15        be  eligible  to be reimbursed for such disapproved costs
16        unless and until the Board  determines  that  such  costs
17        were eligible for payment.
18        (f)  All  investigations, plans, and reports conducted or
19    prepared under this Section shall be  conducted  or  prepared
20    under the supervision of a licensed professional engineer and
21    in accordance with the requirements of this Title.
22    (Source:  P.A.  88-496;  88-668,  eff.  9-16-94; 89-428, eff.
23    1-1-96; 89-457, eff. 5-22-96.)

24        (415 ILCS 5/57.8)
25        Sec.  57.8.  Underground  Storage  Tank  Fund;   payment;
26    options  for  State  payment; deferred correction election to
27    commence corrective action upon availability of funds. If  an
28    owner  or  operator  is  eligible  to  access the Underground
29    Storage Tank Fund pursuant to an Office of State Fire Marshal
30    eligibility/deductible final determination letter  issued  in
31    accordance  with  Section  57.9,  the  owner  or operator may
32    submit a complete application for final or partial payment to
33    the Agency for activities taken in response  to  a  confirmed
 
HB4471 Engrossed            -26-               LRB9212424LBpr
 1    release.  An  owner  or  operator  may  submit  a request for
 2    partial or final payment regarding a site no more  frequently
 3    than once every 90 days.
 4        (a)  Payment   after   completion  of  corrective  action
 5    measures. The owner or operator may submit an application for
 6    payment for activities performed at a site  after  completion
 7    of  the  requirements  of  Sections  57.6  and 57.7, or after
 8    completion  of  any  other   required   activities   at   the
 9    underground storage tank site.
10             (1)  In the case of any approved plan and budget for
11        which  payment  is  being sought, the Agency shall make a
12        payment determination within 120 days of receipt  of  the
13        application.   Such  determination  shall be considered a
14        final decision.  The Agency's review shall be limited  to
15        generally accepted auditing and accounting practices.  In
16        no case shall the Agency conduct additional review of any
17        plan  which  was  completed  within  the  budget,  beyond
18        auditing  for adherence to the corrective action measures
19        in the proposal.  If the  Agency  fails  to  approve  the
20        payment  application  within  120  days, such application
21        shall be deemed approved by  operation  of  law  and  the
22        Agency  shall  proceed to reimburse the owner or operator
23        the  amount  requested  in   the   payment   application.
24        However, in no event shall the Agency reimburse the owner
25        or operator an amount greater than the amount approved in
26        the plan.
27             (2)  If   sufficient  funds  are  available  in  the
28        Underground Storage Tank Fund, the Agency  shall,  within
29        60 days, forward to the Office of the State Comptroller a
30        voucher   in   the  amount  approved  under  the  payment
31        application.
32             (3)  In the case of insufficient funds,  the  Agency
33        shall  form  a priority list for payment and shall notify
34        persons in such priority list monthly of the availability
 
HB4471 Engrossed            -27-               LRB9212424LBpr
 1        of funds and when payment shall be made.   Payment  shall
 2        be  made  to  the  owner  or  operator  at  such  time as
 3        sufficient  funds  become   available   for   the   costs
 4        associated  with site investigation and corrective action
 5        and costs expended  for  activities  performed  where  no
 6        proposal  is required, if applicable.  Such priority list
 7        shall be available to any owner or operator upon request.
 8        Priority for payment shall be determined by the date  the
 9        Agency  receives  a complete request for partial or final
10        payment.  Upon receipt of notification  from  the  Agency
11        that  the  requirements  of this Title have been met, the
12        Comptroller shall make payment to the owner  or  operator
13        of the amount approved by the Agency, if sufficient money
14        exists  in  the  Fund.  If there is insufficient money in
15        the Fund, then payment shall not be made.  If  the  owner
16        or  operator appeals a final Agency payment determination
17        and it is  determined  that  the  owner  or  operator  is
18        eligible  for payment or additional payment, the priority
19        date for the payment or additional payment shall  be  the
20        same  as  the  priority  date  assigned  to  the original
21        request for partial or final payment.
22             (4)  Any deductible, as determined pursuant  to  the
23        Office  of  the  State  Fire  Marshal's  eligibility  and
24        deductibility  final  determination  in  accordance  with
25        Section  57.9,  shall  be  subtracted  from  any  payment
26        invoice  paid to an eligible owner or operator.  Only one
27        deductible shall apply per underground storage tank site.
28             (5)  In the event that costs are or will be incurred
29        in addition to those approved by  the  Agency,  or  after
30        payment,  the  owner  or  operator  may submit successive
31        plans containing amended budgets.   The  requirements  of
32        Section 57.7 shall apply to any amended plans.
33             (6)  For   purposes  of  this  Section,  a  complete
34        application shall consist of:
 
HB4471 Engrossed            -28-               LRB9212424LBpr
 1                  (A)  A   certification    from    a    Licensed
 2             Professional  Engineer  as required under this Title
 3             and acknowledged by the owner or operator.
 4                  (B)  A statement of the amounts amount approved
 5             in the budget plan and the amounts  amount  actually
 6             sought  for payment along with a certified statement
 7             by the owner or operator that the amounts amount  so
 8             sought  were  shall  be expended in conformance with
 9             the approved budget.
10                  (C)  A copy of the Office  of  the  State  Fire
11             Marshal's      eligibility     and     deductibility
12             determination.
13                  (D)  Proof  that  approval   of   the   payment
14             requested  will  not  result  in the limitations set
15             forth  in  subsection  (g)  of  this  Section  being
16             exceeded.
17                  (E)  A federal taxpayer  identification  number
18             and  legal status disclosure certification on a form
19             prescribed and provided by the Agency.
20        (b)  Commencement of  site  investigation  or  corrective
21    action  upon  availability  of  funds.  The Board shall adopt
22    regulations setting forth procedures based on risk  to  human
23    health  or  the environment under which the owner or operator
24    who has received  approval  for  any  budget  plan  submitted
25    pursuant  to  Section  57.7,  and who is eligible for payment
26    from the Underground Storage Tank Fund pursuant to an  Office
27    of  the  State  Fire  Marshal  eligibility  and deductibility
28    determination, may  elect  to  defer  site  investigation  or
29    corrective  action  classification,  low priority groundwater
30    monitoring,  or  remediation  activities  until   funds   are
31    available  in  an  amount equal to the amount approved in the
32    budget plan.  The regulations shall establish criteria  based
33    on  risk  to  human  health or the environment to be used for
34    determining on  a  site-by-site  basis  whether  deferral  is
 
HB4471 Engrossed            -29-               LRB9212424LBpr
 1    appropriate.    The  regulations  also  shall  establish  the
 2    minimum  investigatory  requirements  for determining whether
 3    the risk based criteria are present  at  a  site  considering
 4    deferral  and  procedures  for  the notification of owners or
 5    operators of insufficient funds, Agency review of request for
 6    deferral, notification of Agency final  decisions,  returning
 7    deferred  sites to active status, and earmarking of funds for
 8    payment.
 9        (c)  When the owner or operator requests  indemnification
10    for  payment  of  costs  incurred as a result of a release of
11    petroleum from an underground storage tank, if the  owner  or
12    operator  has satisfied the requirements of subsection (a) of
13    this Section, the Agency shall forward a copy of the  request
14    to  the  Attorney General.  The Attorney General shall review
15    and approve the request for indemnification if:
16             (1)  there is a legally enforceable judgment entered
17        against the owner  or  operator  and  such  judgment  was
18        entered due to harm caused by a release of petroleum from
19        an  underground  storage  tank  and such judgment was not
20        entered as a result of fraud; or
21             (2)  a settlement  with  a  third  party  due  to  a
22        release  of petroleum from an underground storage tank is
23        reasonable.
24        (d)  Notwithstanding any other provision of  this  Title,
25    the  Agency shall not approve payment to an owner or operator
26    from  the  Fund   for   costs   of   corrective   action   or
27    indemnification  incurred during a calendar year in excess of
28    the following  aggregate  amounts  based  on  the  number  of
29    petroleum underground storage tanks owned or operated by such
30    owner or operator in Illinois.
31             Amount                               Number of Tanks
32             $2,000,000 1,000,000..................fewer than 101
33             $3,000,000 $2,000,000....................101 or more
34             (1)  Costs  incurred  in  excess  of  the  aggregate
 
HB4471 Engrossed            -30-               LRB9212424LBpr
 1        amounts  set  forth  in  paragraph (1) of this subsection
 2        shall not be eligible for payment in subsequent years.
 3             (2)  For  purposes  of  this  subsection,   requests
 4        submitted  by  any  of the agencies, departments, boards,
 5        committees or commissions of the State of Illinois  shall
 6        be acted upon as claims from a single owner or operator.
 7             (3)  For  purposes  of  this  subsection,  owner  or
 8        operator  includes  (i)  any subsidiary, parent, or joint
 9        stock company of the  owner  or  operator  and  (ii)  any
10        company  owned  by any parent, subsidiary, or joint stock
11        company of the owner or operator.
12        (e)  Costs  of  corrective  action   or   indemnification
13    incurred  by  an owner or operator which have been paid to an
14    owner or  operator  under  a  policy  of  insurance,  another
15    written  agreement,  or  a  court  order are not eligible for
16    payment  under  this  Section.   An  owner  or  operator  who
17    receives payment under a policy of insurance, another written
18    agreement, or a court order shall reimburse the State to  the
19    extent  such  payment  covers  costs  for  which  payment was
20    received from the Fund.  Any monies  received  by  the  State
21    under this subsection (e) shall be deposited into the Fund.
22        (f)  Until  the  Board  adopts  regulations  pursuant  to
23    Section 57.14, handling charges are eligible for payment only
24    if  they  are  equal to or less than the amount determined by
25    the following table:
26        Subcontract or field      Eligible Handling Charges
27        Purchase Cost             as a Percentage of Cost

28        $0 - $5,000...........................................12%
29        $5,001 - $15,000.............$600+10% of amt. over $5,000
30        $15,001 - $50,000...........$1600+8% of amt. over $15,000
31        $50,001 - $100,000..........$4400+5% of amt. over $50,000
32        $100,001 - $1,000,000......$6900+2% of amt. over $100,000
33        (g)  The Agency shall not approve any  payment  from  the
34    Fund to pay an owner or operator:
 
HB4471 Engrossed            -31-               LRB9212424LBpr
 1             (1)  for costs of corrective action incurred by such
 2        owner  or  operator  in an amount in excess of $1,500,000
 3        1,000,000 per occurrence; and
 4             (2)  for costs of indemnification of such  owner  or
 5        operator  in  an amount in excess of $1,500,000 1,000,000
 6        per occurrence.
 7        (h)  Payment of any amount from the Fund  for  corrective
 8    action  or  indemnification  shall  be  subject  to the State
 9    acquiring by subrogation the rights of any  owner,  operator,
10    or  other person to recover the costs of corrective action or
11    indemnification for  which  the  Fund  has  compensated  such
12    owner,  operator,  or  person  from the person responsible or
13    liable for the release.
14        (i)  If the Agency refuses to pay or  authorizes  only  a
15    partial  payment, the affected owner or operator may petition
16    the Board for a hearing in the manner provided for the review
17    of permit decisions in Section 40 of this Act.
18        (j)  Costs  of  corrective  action   or   indemnification
19    incurred  by  an  owner  or  operator prior to July 28, 1989,
20    shall not be eligible for payment or reimbursement under this
21    Section.
22        (k)  The Agency shall not pay costs of corrective  action
23    or  indemnification incurred before providing notification of
24    the release of petroleum in accordance with the provisions of
25    this Title.
26        (l)  Corrective action does  not  include  legal  defense
27    costs.   Legal  defense costs include legal costs for seeking
28    payment  under  this  Title  unless  the  owner  or  operator
29    prevails before  the  Board  in  which  case  the  Board  may
30    authorize payment of legal fees.
31        (m)  The  Agency may apportion payment of costs for plans
32    submitted under Section 57.7 57.7(c)(4)(E)(iii) if:
33             (1)  the owner or operator was  deemed  eligible  to
34        access  the  Fund  for payment of corrective action costs
 
HB4471 Engrossed            -32-               LRB9212424LBpr
 1        for some, but not all, of the underground  storage  tanks
 2        at the site; and
 3             (2)  the  owner  or  operator  failed to justify all
 4        costs attributable to each underground  storage  tank  at
 5        the site.
 6        (n)  The  Agency  shall  not  pay costs associated with a
 7    corrective action plan incurred  after  the  Agency  provides
 8    notification to the owner or operator pursuant to item (7) of
 9    subsection  (b)  of  Section  57.7  that a revised corrective
10    action  plan  is  required.   Costs   associated   with   any
11    subsequently   approved   corrective  action  plan  shall  be
12    eligible for reimbursement if they meet the  requirements  of
13    this Title.
14    (Source: P.A. 91-357, eff. 7-29-99.)

15        (415 ILCS 5/57.10)
16        Sec.   57.10.    Professional   Engineer   certification;
17    presumptions against liability.
18        (a)  Within  120  days  of  the  Agency's receipt of a No
19    Further Action site classification  report,  a  Low  Priority
20    groundwater  monitoring report, or a High Priority corrective
21    action completion report, the Agency shall issue to the owner
22    or operator a "no  further  remediation  letter"  unless  the
23    Agency has requested a modification, issued a rejection under
24    subsection  (d)  of  this  Section,  or  the  report has been
25    rejected by operation of law.
26        (b)  By  certifying  such   a   statement,   a   Licensed
27    Professional  Engineer  shall  in  no  way be liable thereon,
28    unless the engineer gave such certification  despite  his  or
29    her  actual knowledge that the performed measures were not in
30    compliance   with   applicable   statutory   or    regulatory
31    requirements or any plan submitted to the Agency.
32        (c)  The  Agency's  issuance  of a no further remediation
33    letter shall signify,  based  on  the  certification  of  the
 
HB4471 Engrossed            -33-               LRB9212424LBpr
 1    Licensed Professional Engineer, that:
 2             (1)    all   statutory   and  regulatory  corrective
 3        action requirements applicable  to  the  occurrence  have
 4        been complied with;
 5             (2)  all    corrective    action    concerning   the
 6        remediation of the occurrence has been completed; and
 7             (3)  no further  corrective  action  concerning  the
 8        occurrence  is  necessary  for  the  protection  of human
 9        health, safety and the environment.
10        (d)  The no further remediation letter issued under  this
11    Section shall apply in favor of the following parties:
12             (1)  The  owner  or  operator to whom the letter was
13        issued.
14             (2)  Any parent corporation or  subsidiary  of  such
15        owner or operator.
16             (3)  Any  co-owner  or  co-operator, either by joint
17        tenancy,  right-of-survivorship,  or  any   other   party
18        sharing  a  legal relationship with the owner or operator
19        to whom the letter is issued.
20             (4)  Any holder of a beneficial interest of  a  land
21        trust   or   inter   vivos  trust  whether  revocable  or
22        irrevocable.
23             (5)  Any mortgagee or trustee of a deed of trust  of
24        such owner or operator.
25             (6)  Any  successor-in-interest  of  such  owner  or
26        operator.
27             (7)  Any   transferee  of  such  owner  or  operator
28        whether the transfer was by sale, bankruptcy  proceeding,
29        partition,   dissolution   of   marriage,  settlement  or
30        adjudication of any civil  action,  charitable  gift,  or
31        bequest.
32             (8)  Any heir or devisee or such owner or operator.
33        (e)  If  the  Agency  notifies the owner or operator that
34    the "no further remediation" letter has  been  rejected,  the
 
HB4471 Engrossed            -34-               LRB9212424LBpr
 1    grounds  for such rejection shall be described in the notice.
 2    Such a decision shall be a final determination which  may  be
 3    appealed by the owner or operator.
 4        (f)  The  Board  shall  adopt  rules  setting  forth  the
 5    criteria  under  which  the  Agency  may  require an owner or
 6    operator to  conduct  further  investigation  or  remediation
 7    related  to  a  release  for  which  a no further remediation
 8    letter has been issued.
 9        (g)  Holders of security interests in  sites  subject  to
10    the  requirements  of this Title XVI shall be entitled to the
11    same protections and subject  to  the  same  responsibilities
12    provided under general regulations promulgated under Subtitle
13    I  of  the Hazardous and Solid Waste Amendments of 1984 (P.L.
14    98-616) of the Resource Conservation and Recovery Act of 1976
15    (P.L. 94-580).
16    (Source: P.A.  88-496;  89-428,  eff.  1-1-96;  89-457,  eff.
17    5-22-96.)

18        (415 ILCS 5/57.13)
19        Sec. 57.13. Underground Storage Tank Program; transition.
20        (a)  If  a  release  is  reported  to  the  proper  State
21    authority  on  or after the effective date of this amendatory
22    Act of 2002 1993, the owner or operator shall comply with the
23    requirements of this Title.
24        (b)  If  a  release  is  reported  to  the  proper  State
25    authority prior to the effective date of this amendatory  Act
26    of 2002 1993, the owner or operator of an underground storage
27    tank may elect to proceed in accordance with the requirements
28    of this Title by submitting a written statement to the Agency
29    of such election.  If the owner or operator elects to proceed
30    under  the  requirements  of this Title all costs incurred in
31    connection with the incident prior to notification  shall  be
32    reimbursable  in  the  same manner as was allowable under the
33    then existing law. Completion of corrective action shall then
 
HB4471 Engrossed            -35-               LRB9212424LBpr
 1    follow the provisions of this Title. Owners and operators who
 2    have  not  elected  to  proceed  in   accordance   with   the
 3    requirements  of  this Title shall proceed in accordance with
 4    the law in  effect  prior  to  the  effective  date  of  this
 5    amendatory Act of 2002.
 6    (Source: P.A. 88-496.)

 7        (415 ILCS 5/57.14A new)
 8        Sec. 57.14A.  Rules.
 9        (a)  The  Agency  shall propose and the Board shall adopt
10    amendments to the rules governing the administration of  this
11    Title  to  make  the  rules  consistent  with  the provisions
12    herein.
13        (b)  Until such time as the amended rules required  under
14    this  Section  take  effect, the Agency shall administer this
15    Title in accordance with the provisions herein.

16        Section 99.  Effective date.  This Act takes effect  upon
17    becoming law.

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