Illinois General Assembly - Full Text of Public Act 094-0276
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Public Act 094-0276




Public Act 094-0276
SB2040 Enrolled LRB094 11530 RSP 42497 b

    AN ACT concerning safety.
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
    Section 5. The Environmental Protection Act is amended by
changing Section 57.10 as follows:
    (415 ILCS 5/57.10)
    Sec. 57.10. Professional Engineer or Professional
Geologist certification; presumptions against liability.
    (a) Within 120 days of the Agency's receipt of a corrective
action completion report, the Agency shall issue to the owner
or operator a "no further remediation letter" unless the Agency
has requested a modification, issued a rejection under
subsection (d) of this Section, or the report has been rejected
by operation of law.
    (b) By certifying such a statement, a Licensed Professional
Engineer or Licensed Professional Geologist shall in no way be
liable thereon, unless the engineer or geologist gave such
certification despite his or her actual knowledge that the
performed measures were not in compliance with applicable
statutory or regulatory requirements or any plan submitted to
the Agency.
    (c) The Agency's issuance of a no further remediation
letter shall signify, based on the certification of the
Licensed Professional Engineer, that:
        (1) all statutory and regulatory corrective action
    requirements applicable to the occurrence have been
    complied with;
        (2) all corrective action concerning the remediation
    of the occurrence has been completed; and
        (3) no further corrective action concerning the
    occurrence is necessary for the protection of human health,
    safety and the environment.
This subsection (c) does not apply to off-site contamination
related to the occurrence that has not been remediated due to
denial of access to the off-site property.
    (d) The no further remediation letter issued under this
Section shall apply in favor of the following parties:
        (1) The owner or operator to whom the letter was
        (2) Any parent corporation or subsidiary of such owner
    or operator.
        (3) Any co-owner or co-operator, either by joint
    tenancy, right-of-survivorship, or any other party sharing
    a legal relationship with the owner or operator to whom the
    letter is issued.
        (4) Any holder of a beneficial interest of a land trust
    or inter vivos trust whether revocable or irrevocable.
        (5) Any mortgagee or trustee of a deed of trust of such
    owner or operator.
        (6) Any successor-in-interest of such owner or
        (7) Any transferee of such owner or operator whether
    the transfer was by sale, bankruptcy proceeding,
    partition, dissolution of marriage, settlement or
    adjudication of any civil action, charitable gift, or
        (8) Any heir or devisee or such owner or operator.
        (9) An owner of a parcel of real property to the extent
    that the no further remediation letter under subsection (c)
    of this Section applies to the occurrence on that parcel.
    (e) If the Agency notifies the owner or operator that the
"no further remediation" letter has been rejected, the grounds
for such rejection shall be described in the notice. Such a
decision shall be a final determination which may be appealed
by the owner or operator.
    (f) The Board shall adopt rules setting forth the criteria
under which the Agency may require an owner or operator to
conduct further investigation or remediation related to a
release for which a no further remediation letter has been
    (g) Holders of security interests in sites subject to the
requirements of this Title XVI shall be entitled to the same
protections and subject to the same responsibilities provided
under general regulations promulgated under Subtitle I of the
Hazardous and Solid Waste Amendments of 1984 (P.L. 98-616) of
the Resource Conservation and Recovery Act of 1976 (P.L.
(Source: P.A. 92-554, eff. 6-24-02; 92-735, eff. 7-25-02;
revised 9-25-03.)

Effective Date: 1/1/2006