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92nd General Assembly

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Public Act 92-0735

SB1968 Enrolled                                LRB9213215ACpk

    AN ACT concerning environmental 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 Sections 57.2, 57.7,  57.8,  57.10,  58.2,  58.6,
58.7, and 58.11 as follows:

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

    (415 ILCS 5/57.7)
    Sec. 57.7.  Leaking underground storage  tanks;  physical
soil    classification,   groundwater   investigation,   site
classification, and corrective action.
    (a)  Physical   soil   classification   and   groundwater
investigation.
         (1)  Prior   to   conducting   any   physical   soil
    classification and groundwater  investigation  activities
    required  by statute or regulation, the owner or operator
    shall prepare and submit to the Agency for  the  Agency's
    approval or modification:
                   (A)  a  physical  soil  classification and
              groundwater  investigation  plan  designed   to
              determine  site  classification,  in accordance
              with subsection (b) of this  Section,  as  High
              Priority, Low Priority, or No Further Action.
                   (B)  a   request   for  payment  of  costs
              associated with eligible early action costs  as
              provided  in  Section  57.6(b).   However,  for
              purposes  of  payment  for  early action costs,
              fill materials  shall  not  be  removed  in  an
              amount  in  excess  of  4 feet from the outside
              dimensions of the tank.
         (2)  If  the  owner  or  operator  intends  to  seek
    payment from the Fund, prior to conducting  any  physical
    soil   classification   and   groundwater   investigation
    activities  required  by statute or regulation, the owner
    or operator shall submit to the Agency for  the  Agency's
    approval or   modification a physical soil classification
    and  groundwater investigation budget which includes, but
    is not limited to, an accounting of all costs  associated
    with  the  implementation  and completion of the physical
    soil classification and groundwater investigation plan.
         (3)  Within 30 days of completion  of  the  physical
    soil  classification  or groundwater investigation report
    the owner or operator shall submit to the Agency:
              (A)  all  physical  soil   classification   and
         groundwater investigation results; and
              (B)  a certification by a Licensed Professional
         Engineer  or  Licensed Professional Geologist of the
         site's  classification   as   High   Priority,   Low
         Priority,  or  No  Further Action in accordance with
         subsection (b) of this Section as High Priority, Low
         Priority, or No Further Action.
    (b)  Site Classification.
         (1)  After   evaluation   of   the   physical   soil
    classification  and  groundwater  investigation  results,
    when required, and general  site  information,  the  site
    shall   be   classified  as  "No  Further  Action",  "Low
    Priority", or "High Priority" based on  the  requirements
    of this Section.  Site classification shall be determined
    by   a   Licensed   Professional   Engineer  or  Licensed
    Professional   Geologist   in   accordance    with    the
    requirements  of this Title and the Licensed Professional
    Engineer or Licensed Professional Geologist shall  submit
    a certification to the Agency of the site classification.
    The    Agency   has   the   authority   to   audit   site
    classifications   and   reject   or   modify   any   site
    classification inconsistent with the requirements of this
    Title.
         (2)  Sites shall be classified as No Further  Action
    if the criteria in subparagraph (A) are satisfied:
              (A)(i)  The   site   is   located  in  an  area
         designated D, E, F and G on the Illinois  Geological
         Survey   Circular   (1984)   titled  "Potential  for
         Contamination of Shallow Aquifers in  Illinois,"  by
         Berg, Richard C., et al.;
              (ii)  A  site evaluation under the direction of
         a  Licensed  Professional   Engineer   or   Licensed
         Professional  Geologist  verifies  the physical soil
         classification conditions are consistent with  those
         indicated on the Illinois Geological Survey Circular
         (1984)   titled   "Potential  for  Contamination  of
         Shallow Aquifers in Illinois," by Berg, Richard  C.,
         et al.; and
              (iii)  The conditions identified in subsections
         (b) (3)(B), (C), (D), and (E) do not exist.
              (B)  Groundwater  investigation  monitoring may
         be  required  to  confirm  that  a  site  meets  the
         criteria of a No  Further  Action  site.  The  Board
         shall  adopt  rules setting forth the criteria under
         which the  Agency  may  exercise  its  discretionary
         authority  to require investigations and the minimum
         field requirements for conducting investigations.
         (3)  Sites shall be classified as High  Priority  if
    any of the following are met:
              (A)  The  site is located in an area designated
         A1, A2, A3, A4, A5, AX, B1, B2, BX, C1, C2, C3,  C4,
         or  C5  on  the  Illinois Geological Survey Circular
         (1984)  titled  "Potential  for   Contamination   of
         Shallow  Aquifers in Illinois," by Berg, Richard C.,
         et al.; a site evaluation under the direction  of  a
         Licensed    Professional    Engineer   or   Licensed
         Professional Geologist verifies  the  physical  soil
         classifications conditions are consistent with those
         indicated on the Illinois Geological Survey Circular
         (1984)  entitled  "Potential  for  Contamination  of
         Shallow  Aquifers in Illinois," by Berg, Richard C.,
         et  al.;  and  the  results  of  the  physical  soil
         classification   and    groundwater    investigation
         indicate  that  an  applicable indicator contaminant
         groundwater   quality   standard   or    groundwater
         objective has been exceeded at the property boundary
         line  or  200 feet from the excavation, whichever is
         less as a consequence  of  the  underground  storage
         tank release.
              (B)  The underground storage tank is within the
         minimum  or  maximum setback zone of a potable water
         supply well or regulated recharge area of a  potable
         water supply well.
              (C)  There is evidence that, through natural or
         manmade  pathways,  migration of petroleum or vapors
         threaten human health or human safety or  may  cause
         explosions   in  basements,  crawl  spaces,  utility
         conduits, storm or sanitary sewers, vaults or  other
         confined spaces.
              (D)  Class  III  special  resource  groundwater
         exists within 200 feet of the excavation.
              (E)  A surface water body is adversely affected
         by  the  presence of a visible sheen or free product
         layer as the result of an underground  storage  tank
         release.
         (4)  Sites  shall  be  classified as Low Priority if
    all of the following are met:
              (A)  The site does not meet any of the criteria
         for classification as a High Priority Site.
              (B) (i)  The site is located in area designated
         A1, A2, A3, A4, A5, AX, B1, B2, BX, C1, C2, C3,  C4,
         C5 on the Illinois Geological Survey Circular (1984)
         entitled  "Potential  for  Contamination  of Shallow
         Aquifers in Illinois," by Berg, Richard C., et  al.;
         and
              (ii)  a  site evaluation under the direction of
         a  Licensed  Professional   Engineer   or   Licensed
         Professional  Geologist  verifies  the physical soil
         classification conditions are consistent with  those
         indicated on the Illinois Geological Survey Circular
         (1984)   titled   "Potential  for  Contamination  of
         Shallow Aquifers in Illinois," by Berg, Richard  C.,
         et al.; and
              (iii)  the   results   of   the  physical  soil
         classification and groundwater investigation do  not
         indicate   an   applicable   indicator   contaminant
         groundwater    quality   standard   or   groundwater
         objective has been exceeded at the property boundary
         line or 200 feet from the underground storage  tank,
         whichever is less.
         (5)  In  the  event the results of the physical soil
    classification and any required groundwater investigation
    reveal that the actual site geologic characteristics  are
    different than those indicated by the Illinois Geological
    Survey    Circular    (1984)    titled   "Potential   for
    Contamination of Shallow Aquifers in Illinois"  by  Berg,
    Richard  C.,  et al., classification of the site shall be
    determined    using    the    actual    site     geologic
    characteristics.
         (6)  For  purposes  of physical soil classification,
    the  Board  is  authorized  to  prescribe  by  regulation
    alternatives to use of  the  Illinois  Geological  Survey
    Circular  (1984)  titled  "Potential for Contamination of
    Shallow Aquifers in Illinois" by Berg, Richard C., et al.
    (c)  Corrective Action.
         (1)  High Priority Site.
              (A)  Prior to  performance  of  any  corrective
         action,  beyond  that  required  by Section 57.6 and
         subsection (a) of Section  57.7  of  this  Act,  the
         owner  or  operator  shall prepare and submit to the
         Agency for the Agency's approval or  modification  a
         corrective  action  plan  designed  to  mitigate any
         threat  to  human  health,  human  safety   or   the
         environment  resulting  from the underground storage
         tank release.
              (B)  If the owner or operator intends  to  seek
         payment  from  the Fund, prior to performance of any
         corrective action beyond that  required  by  Section
         57.6  and  subsection (a) of Section 57.7, the owner
         or operator shall  submit  to  the  Agency  for  the
         Agency's   approval  or  modification  a  corrective
         action  plan  budget  which  includes,  but  is  not
         limited to, an accounting of  all  costs  associated
         with   the  implementation  and  completion  of  the
         corrective action plan.
              (C)  The corrective action plan shall do all of
         the following:
                   (i)  Provide  that  applicable   indicator
              contaminant  groundwater  quality  standards or
              groundwater objectives will not be exceeded  in
              groundwater  at  the  property boundary line or
              200 feet  from  the  excavation,  whichever  is
              less, or other level if approved by the Agency,
              for   any   contaminant   identified   in   the
              groundwater    investigation   after   complete
              performance of the corrective action plan.
                   (ii)  Provide  that  Class   III   special
              resource   groundwater  quality  standards  for
              Class III special resource  groundwater  within
              200 feet of the excavation will not be exceeded
              as  a  result  of  the underground storage tank
              release   for   any    indicator    contaminant
              identified  in  the  groundwater  investigation
              after  complete  performance of the  corrective
              action plan.
                   (iii)  Remediate  threats   due   to   the
              presence  or   migration,  through  natural  or
              manmade     pathways,     of    petroleum    in
              concentrations sufficient to harm human  health
              or  human  safety  or  to  cause  explosions in
              basements,  crawl  spaces,  utility   conduits,
              storm  or  sanitary  sewers,  vaults  or  other
              confined spaces.
                   (iv)  Remediate threats to a potable water
              supply.
                   (v)  Remediate  threats to a surface water
              body.
              (D)  Within  30  days  of  completion  of   the
         corrective  action,  the  owner  or  operator  shall
         submit  to  the Agency such a completion report that
         includes a description of the corrective action plan
         and a description  of  the  corrective  action  work
         performed  and  all  analytical  or sampling results
         derived from performance of  the  corrective  action
         plan.
              (E)  The  Agency  shall  issue  to the owner or
         operator  a  no  further   remediation   letter   in
         accordance   with   Section  57.10  if  all  of  the
         following are met:
                   (i)  The  corrective   action   completion
              report   demonstrates   that:   (a)  applicable
              indicator   contaminant   groundwater   quality
              standards or  groundwater  objectives  are  not
              exceeded  at  the property boundary line or 200
              feet from the excavation, whichever is less, as
              a  result  of  the  underground  storage   tank
              release    for    any   indicator   contaminant
              identified in  the  groundwater  investigation;
              (b)  Class III special use resource groundwater
              quality standards, for Class  III  special  use
              resource  groundwater  within  200  feet of the
              underground storage tank, are not exceeded as a
              result of the underground storage tank  release
              for   any   contaminant   identified   in   the
              groundwater  investigation; (c) the underground
              storage tank release does  not  threaten  human
              health  or  human safety due to the presence or
              migration, through natural or manmade pathways,
              of  petroleum  or   hazardous   substances   in
              concentrations  sufficient to harm human health
              or human  safety  or  to  cause  explosions  in
              basements,   crawl  spaces,  utility  conduits,
              storm  or  sanitary  sewers,  vaults  or  other
              confined spaces; (d)  the  underground  storage
              tank  release  does  not  threaten  any surface
              water body; and  (e)  the  underground  storage
              tank  release  does  not  threaten  any potable
              water supply.
                   (ii)  The owner or operator submits to the
              Agency  a   certification   from   a   Licensed
              Professional  Engineer  that the work described
              in the approved corrective action plan has been
              completed and that the information presented in
              the  corrective  action  completion  report  is
              accurate and complete.
         (2)  Low Priority Site.
              (A)  Corrective action at a low  priority  site
         must  include groundwater monitoring consistent with
         part (B) of this paragraph (2).
              (B)  Prior  to  implementation  of  groundwater
         monitoring, the owner or operator shall prepare  and
         submit  to  the Agency a groundwater monitoring plan
         and, if  the  owner  or  operator  intends  to  seek
         payment under this Title, an associated budget which
         includes, at a minimum, all of the following:
                   (i)  Placement  of  groundwater monitoring
              wells at the property line, or at 200 feet from
              the excavation which ever is  closer,  designed
              to provide the greatest likelihood of detecting
              migration of groundwater contamination.
                   (ii)  Quarterly groundwater sampling for a
              period  of  one  year, semi-annual sampling for
              the second year and annual groundwater sampling
              for  one  subsequent  year  for  all  indicator
              contaminants identified during the  groundwater
              investigation.
                   (iii)  The  annual submittal to the Agency
              of a summary of groundwater sampling results.
              (C)  If  at  any  time   groundwater   sampling
         results   indicate   a   confirmed   exceedence   of
         applicable indicator contaminant groundwater quality
         standards  or  groundwater objectives as a result of
         the underground storage tank release, the  site  may
         be  reclassified  as  a  High  Priority  Site by the
         Agency  at  any  time  before  the  Agency's   final
         approval  of  a  Low Priority groundwater monitoring
         completion report.  Agency review and approval shall
         be in accordance with paragraph  (4)  of  subsection
         (c) of this Section. If the owner or operator elects
         to appeal an Agency action to disapprove, modify, or
         reject   by   operation   of   law  a  Low  Priority
         groundwater monitoring completion report, the Agency
         shall indicate to the Board in conjunction with such
         appeal whether it intends to reclassify the site  as
         High  Priority.  If a site is reclassified as a High
         Priority Site, the owner or operator shall submit  a
         corrective  action  plan  and  budget  to the Agency
         within 120 days  of  the  confirmed  exceedence  and
         shall initiate compliance with all corrective action
         requirements for a High Priority Site.
              (D)  If,  throughout  the implementation of the
         groundwater   monitoring   plan,   the   groundwater
         sampling results do not  confirm  an  exceedence  of
         applicable indicator contaminant groundwater quality
         standards  or  groundwater objectives as a result of
         the underground storage tank release, the  owner  or
         operator  shall submit to the Agency a certification
         of a  Licensed  Professional  Engineer  or  Licensed
         Professional Geologist so stating.
              (E)  Unless   the  Agency  takes  action  under
         subsection (b)(2)(C) to reclassify a  site  as  high
         priority,  upon  receipt  of  a  certification  by a
         Licensed   Professional   Engineer    or    Licensed
         Professional   Geologist   submitted   pursuant   to
         paragraph (2) of subsection (c) of this Section, the
         Agency  shall  issue  to  the owner or operator a no
         further  remediation  letter  in   accordance   with
         Section 57.10.
         (3)  No Further Action Site.
              (A)  No   Further   Action   sites  require  no
         remediation beyond that required in Section 57.6 and
         subsection (a) of  this  Section  if  the  owner  or
         operator has submitted to the Agency a certification
         by  a  Licensed  Professional  Engineer  or Licensed
         Professional Geologist that the site  meets  all  of
         the criteria for classification as No Further Action
         in subsection (b) of this Section.
              (B)  Unless  the  Agency takes action to reject
         or modify a site classification under subsection (b)
         of  this  Section  or  the  site  classification  is
         rejected by operation of law under  item  (4)(B)  of
         subsection  (c)  of  this Section, upon receipt of a
         certification by a Licensed Professional Engineer or
         Licensed Professional Geologist  submitted  pursuant
         to  part  (A)  of paragraph (3) of subsection (c) of
         this Section, the Agency shall issue to the owner or
         operator  a  no  further   remediation   letter   in
         accordance with Section 57.10.
         (4)  Agency review and approval.
              (A)  Agency approval of any plan and associated
         budget,  as  described  in  this  item (4), shall be
         considered final approval for  purposes  of  seeking
         and  obtaining  payment from the Underground Storage
         Tank  Fund  if  the  costs   associated   with   the
         completion  of  any such plan are less than or equal
         to the amounts approved in such budget.
              (B)  In the event the Agency fails to  approve,
         disapprove,  or  modify any plan or report submitted
         pursuant to this Title in writing within 120 days of
         the receipt by the Agency, the plan or report  shall
         be considered to be rejected by operation of law for
         purposes  of this Title and rejected for purposes of
         payment from the Leaking  Underground  Storage  Tank
         Fund.
                   (i)  For   purposes   of  those  plans  as
              identified  in   subparagraph   (E)   of   this
              subsection  (c)(4),  the Agency's review may be
              an audit procedure.  Such review or audit shall
              be  consistent  with  the  procedure  for  such
              review or audit as  promulgated  by  the  Board
              under  item  (7)  of  subsection (b) of Section
              57.14.    The  Agency  has  the  authority   to
              establish   an   auditing   program  to  verify
              compliance of such plans with the provisions of
              this Title.
                   (ii)  For   purposes   of   those    plans
              submitted  pursuant  to  Part (E) (iii) of this
              paragraph (4) for which payment from  the  Fund
              is  not  being sought, the Agency need not take
              action on such plan until  120  days  after  it
              receives   the   corrective  action  completion
              report required under Section  57(c)(1)(D).  In
              the  event  the  Agency  approved  the plan, it
              shall proceed under the provisions  of  Section
              57(c)(4).
              (C)  In  approving  any plan submitted pursuant
         to Part (E) of this paragraph (4), the Agency  shall
         determine,  by  a procedure promulgated by the Board
         under item (7) of subsection (b) of  Section  57.14,
         that   the   costs  associated  with  the  plan  are
         reasonable, will be incurred in the  performance  of
         corrective   action,   and  will  not  be  used  for
         corrective action  activities  in  excess  of  those
         required  to  meet  the minimum requirements of this
         title.
              (D)  For any plan or report received after  the
         effective  date  of this amendatory Act of 1993, any
         action by the Agency to disapprove or modify a  plan
         submitted  pursuant  to this Title shall be provided
         to the owner or operator in writing within 120  days
         of  the  receipt  by the Agency or, in the case of a
         corrective action plan  for  which  payment  is  not
         being  sought,  within  120  days  of receipt of the
         corrective action completion report,  and  shall  be
         accompanied by:
                   (i)  an  explanation  of  the  Sections of
              this Act which may be  violated  if  the  plans
              were approved;
                   (ii)  an  explanation of the provisions of
              the regulations, promulgated  under  this  Act,
              which   may   be  violated  if  the  plan  were
              approved;
                   (iii)  an explanation of the specific type
              of information, if any, which the Agency  deems
              the applicant did not provide the Agency; and
                   (iv)  a  statement of specific reasons why
              the Act and the regulations might not be met if
              the plan were approved.
              Any action  by  the  Agency  to  disapprove  or
         modify a plan or report or the rejection of any plan
         or  report  by  operation of law shall be subject to
         appeal  to  the  Board  in   accordance   with   the
         procedures  of  Section 40. If the owner or operator
         elects to incorporate modifications required by  the
         Agency  rather than appeal, an amended plan shall be
         submitted to the Agency within 35 days of receipt of
         the Agency's written notification.
              (E)  For  purposes  of  this  Title,  the  term
         "plan" shall include:
                   (i)  Any physical soil classification  and
              groundwater    investigation   plan   submitted
              pursuant to item (1)(A) of  subsection  (a)  of
              this  Section,  or  budget  under  item  (2) of
              subsection (a) of this Section;
                   (ii)  Any groundwater monitoring  plan  or
              budget   submitted   pursuant   to   subsection
              (c)(2)(B) of this Section;
                   (iii)  Any    corrective    action    plan
              submitted  pursuant  to subsection (c)(1)(A) of
              this Section; or
                   (iv)  Any corrective  action  plan  budget
              submitted  pursuant  to subsection (c)(1)(B) of
              this Section.
    (d)  For purposes of  this  Title,  the  term  "indicator
contaminant"   shall   mean,   unless  and  until  the  Board
promulgates regulations to the contrary, the  following:  (i)
if   an  underground  storage  tank  contains  gasoline,  the
indicator parameter shall be BTEX and Benzene;  (ii)  if  the
tank   contained  petroleum  products  consisting  of  middle
distillate or heavy ends, then the indicator parameter  shall
be  determined  by  a  scan  of PNA's taken from the location
where contamination is most likely to be present;  and  (iii)
if   the   tank   contained  used  oil,  then  the  indicator
contaminant  shall  be  those  chemical  constituents   which
indicate  the  type  of  petroleum  stored  in an underground
storage tank.  All references in this  Title  to  groundwater
objectives  shall  mean  Class  I  groundwater  standards  or
objectives as applicable.
    (e) (1)  Notwithstanding  the provisions of this Section,
    an owner or operator may proceed to conduct physical soil
    classification,    groundwater    investigation,     site
    classification  or  other  corrective action prior to the
    submittal or approval of an otherwise required plan.   If
    the owner or operator elects to so proceed, an applicable
    plan  shall  be  filed with the Agency at any time.  Such
    plan shall detail the steps taken to determine  the  type
    of  corrective  action  which  was  necessary at the site
    along with the corrective action taken or to be taken, in
    addition to costs associated with activities to date  and
    anticipated costs.
         (2)  Upon   receipt   of   a  plan  submitted  after
    activities have commenced at a  site,  the  Agency  shall
    proceed  to  review  in the same manner as required under
    this Title.  In the event the Agency disapproves  all  or
    part  of the costs, the owner or operator may appeal such
    decision to the Board.  The owner or operator  shall  not
    be  eligible  to be reimbursed for such disapproved costs
    unless and until the Board  determines  that  such  costs
    were eligible for payment.
(Source:  P.A.  88-496;  88-668,  eff.  9-16-94; 89-428, eff.
1-1-96; 89-457, eff. 5-22-96; revised 1-25-02.)

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

    $0 - $5,000...........................................12%
    $5,001 - $15,000.............$600+10% of amt. over $5,000
    $15,001 - $50,000...........$1600+8% of amt. over $15,000
    $50,001 - $100,000..........$4400+5% of amt. over $50,000
    $100,001 - $1,000,000......$6900+2% of amt. over $100,000
    (g)  The Agency shall not approve any  payment  from  the
Fund to pay an owner or operator:
         (1)  for costs of corrective action incurred by such
    owner  or  operator  in an amount in excess of $1,000,000
    per occurrence; and
         (2)  for costs of indemnification of such  owner  or
    operator  in  an  amount  in  excess  of  $1,000,000  per
    occurrence.
    (h)  Payment  of  any amount from the Fund for corrective
action or indemnification  shall  be  subject  to  the  State
acquiring  by  subrogation the rights of any owner, operator,
or other person to recover the costs of corrective action  or
indemnification  for  which  the  Fund  has  compensated such
owner, operator, or person from  the  person  responsible  or
liable for the release.
    (i)  If  the  Agency  refuses to pay or authorizes only a
partial payment, the affected owner or operator may  petition
the Board for a hearing in the manner provided for the review
of permit decisions in Section 40 of this Act.
    (j)  Costs   of   corrective  action  or  indemnification
incurred by an owner or operator  prior  to  July  28,  1989,
shall not be eligible for payment or reimbursement under this
Section.
    (k)  The  Agency shall not pay costs of corrective action
or indemnification incurred before providing notification  of
the release of petroleum in accordance with the provisions of
this Title.
    (l)  Corrective  action  does  not  include legal defense
costs.  Legal defense costs include legal costs  for  seeking
payment  under  this  Title  unless  the  owner  or  operator
prevails  before  the  Board  in  which  case  the  Board may
authorize payment of legal fees.
    (m)  The Agency may apportion payment of costs for  plans
submitted under Section 57.7(c)(4)(E)(iii) if:
         (1)  the  owner  or  operator was deemed eligible to
    access the Fund for payment of  corrective  action  costs
    for  some,  but not all, of the underground storage tanks
    at the site; and
         (2)  the owner or operator  failed  to  justify  all
    costs  attributable  to  each underground storage tank at
    the site.
(Source: P.A. 91-357, eff. 7-29-99.)

    (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 No
Further Action site classification  report,  a  Low  Priority
groundwater  monitoring report, or a High Priority 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.
    (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
    issued.
         (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
    operator.
         (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
    bequest.
         (8)  Any heir or devisee or such owner or operator.
    (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 issued.
    (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. 94-580).
(Source: P.A.  88-496;  89-428,  eff.  1-1-96;  89-457,  eff.
5-22-96.)

    (415 ILCS 5/58.2)
    Sec.  58.2. Definitions.  The following words and phrases
when used in this Title shall have the meanings given to them
in  this  Section  unless  the  context   clearly   indicates
otherwise:
    "Agrichemical   facility"   means   a   site   on   which
agricultural  pesticides  are  stored or handled, or both, in
preparation for end use, or distributed.  The term  does  not
include basic manufacturing facility sites.
    "ASTM"   means  the  American  Society  for  Testing  and
Materials.
    "Area  background"  means  concentrations  of   regulated
substances  that  are consistently present in the environment
in the vicinity of a site that  are  the  result  of  natural
conditions  or human activities, and not the result solely of
releases at the site.
    "Brownfields site" or "brownfields"  means  a  parcel  of
real property, or a portion of the parcel, that has actual or
perceived   contamination   and   an   active  potential  for
redevelopment.
    "Class I groundwater" means groundwater  that  meets  the
Class  I  Potable  Resource groundwater criteria set forth in
the  Board  rules  adopted  under  the  Illinois  Groundwater
Protection Act.
    "Class III groundwater" means groundwater that meets  the
Class  III Special Resource Groundwater criteria set forth in
the  Board  rules  adopted  under  the  Illinois  Groundwater
Protection Act.
    "Carcinogen" means a contaminant that is classified as  a
Category  A1  or  A2 Carcinogen by the American Conference of
Governmental Industrial Hygienists; or a Category 1 or  2A/2B
Carcinogen  by  the  World Health Organizations International
Agency for Research on Cancer; or  a  "Human  Carcinogen"  or
"Anticipated   Human   Carcinogen"   by   the  United  States
Department of Health and Human Service National Toxicological
Program; or a Category A or B1/B2 Carcinogen  by  the  United
States  Environmental  Protection  Agency  in Integrated Risk
Information System or  a  Final  Rule  issued  in  a  Federal
Register notice by the USEPA as of the effective date of this
amendatory Act of 1995.
    "Licensed  Professional  Engineer"  (LPE) means a person,
corporation, or partnership licensed under the laws  of  this
State to practice professional engineering.
    "Licensed Professional Geologist" means a person licensed
under  the  laws  of  the  State of Illinois to practice as a
professional geologist.
    "RELPEG" means a  Licensed  Professional  Engineer  or  a
Licensed   Professional   Geologist  engaged  in  review  and
evaluation under this Title.
    "Man-made pathway"  means  constructed  routes  that  may
allow  for  the  transport of regulated substances including,
but not limited to, sewers, utility  lines,  utility  vaults,
building   foundations,  basements,  crawl  spaces,  drainage
ditches, or previously excavated and filled areas.
    "Municipality" means an incorporated  city,  village,  or
town in this State.  "Municipality" does not mean a township,
town  when that term is used as the equivalent of a township,
incorporated town  that  has  superseded  a  civil  township,
county, or school district, park district, sanitary district,
or similar governmental district.
    "Natural  pathway" means natural routes for the transport
of regulated substances including, but not limited to,  soil,
groundwater,  sand  seams  and  lenses,  and gravel seams and
lenses.
    "Person"  means  individual,  trust,  firm,  joint  stock
company,  joint  venture,  consortium,   commercial   entity,
corporation    (including    a    government    corporation),
partnership,  association,  State,  municipality, commission,
political subdivision of a  State,  or  any  interstate  body
including  the  United States Government and each department,
agency, and instrumentality of the United States.
    "Regulated substance" means any  hazardous  substance  as
defined   under   Section   101(14)   of   the  Comprehensive
Environmental Response, Compensation, and  Liability  Act  of
1980 (P.L. 96-510) and petroleum products including crude oil
or  any  fraction  thereof, natural gas, natural gas liquids,
liquefied natural gas, or synthetic gas usable for  fuel  (or
mixtures of natural gas and such synthetic gas).
    "Remedial   action"   means  activities  associated  with
compliance with the provisions of Sections 58.6 and 58.7.
    "Remediation Applicant" (RA) means any person seeking  to
perform  or  performing  investigative or remedial activities
under this Title, including the owner or operator of the site
or persons authorized by law or consent  to act on behalf  of
or in lieu of the owner or operator of the site.
    "Remediation  costs"  means  reasonable  costs  paid  for
investigating and remediating regulated substances of concern
consistent with the remedy selected for a site.  For purposes
of Section 58.14, "remediation costs" shall not include costs
incurred  prior  to January 1, 1998, costs incurred after the
issuance of a No Further  Remediation  Letter  under  Section
58.10  of  this  Act,  or  costs incurred more than 12 months
prior to acceptance into the Site Remediation Program.
    "Residential property" means any real  property  that  is
used  for  habitation  by individuals and other property uses
defined by Board rules such as education, health care,  child
care and related uses.
    "Site" means any single location, place, tract of land or
parcel  of property, or portion thereof, including contiguous
property separated by a public  right-of-way.
    "Regulated substance of concern"  means  any  contaminant
that  is  expected  to be present at the site based upon past
and current land uses and associated releases that are  known
to the Remediation Applicant based upon reasonable inquiry.
(Source:  P.A.  89-431,  eff.  12-15-95; 89-443, eff. 7-1-96;
90-123, eff. 7-21-97.)

    (415 ILCS 5/58.6)
    Sec. 58.6.  Remedial investigations and reports.
    (a)  Any RA who proceeds under this Title  may  elect  to
seek   review   and  approval  for  any  of  the  remediation
objectives provided in Section 58.5 for any or all  regulated
substances  of  concern.  The RA shall conduct investigations
and  remedial activities for regulated substances of  concern
and prepare plans and reports in accordance with this Section
and  rules  adopted hereunder.  The RA shall submit the plans
and reports  for  review  and  approval  in  accordance  with
Section   58.7.    All  investigations,  plans,  and  reports
conducted or prepared under this Section shall be  under  the
supervision  of a Licensed Professional Engineer (LPE) or, in
the  case  of  a  site   investigation   only,   a   Licensed
Professional Geologist in accordance with the requirements of
this Title.
    (b) (1)  Site   investigation   and   Site  Investigation
    Report.  The  RA shall conduct a  site  investigation  to
    determine  the  significant physical features of the site
    and vicinity that may affect  contaminant  transport  and
    risk  to human health, safety, and the environment and to
    determine the nature, concentration, direction  and  rate
    of movement, and extent of the contamination at the site.
         (2)  The   RA  shall  compile  the  results  of  the
    investigations into a Site Investigation  Report.   At  a
    minimum,  the  reports  shall  include  the following, as
    applicable:
              (A)  Executive summary;
              (B)  Site history;
              (C)  Site-specific   sampling    methods    and
         results;
              (D)  Documentation    of    field   activities,
         including quality assurance project plan;
              (E)  Interpretation of results; and
              (F)  Conclusions.
    (c)  Remediation Objectives Report.
         (1)  If  a  RA   elects  to  determine   remediation
    objectives  appropriate for the site using the Tier II or
    Tier III procedures under  subsection  (d)    of  Section
    58.5,  the  RA  shall develop such remediation objectives
    based on site-specific information. In  support  of  such
    remediation   objectives,   the   RA   shall  prepare   a
    Remediation  Objectives  Report  demonstrating  how   the
    site-specific  objectives  were  calculated  or otherwise
    determined.
         (2)  If  a  RA   elects  to  determine   remediation
    objectives  appropriate  for  the  site  using  the  area
    background  procedures  under subsection (b)   of Section
    58.5, the RA shall develop  such  remediation  objectives
    based   on   site-specific  literature  review,  sampling
    protocol,   or   appropriate   statistical   methods   in
    accordance  with  Board  rules.    In  support  of   such
    remediation   objectives,   the   RA   shall   prepare  a
    Remediation Objectives Report demonstrating how the  area
    background remediation objectives were determined.
    (d)  Remedial  Action  Plan.  If the approved remediation
objectives for  any  regulated  substance  established  under
Section  58.5  are  less than the levels existing at the site
prior to any remedial action, the RA shall prepare a Remedial
Action Plan.  The Remedial Action  Plan  shall  describe  the
selected remedy and evaluate its ability and effectiveness to
achieve the remediation objectives approved for the site.  At
a  minimum,  the  reports  shall  include  the  following, as
applicable:
         (1)  Executive summary;
         (2)  Statement of remediation objectives;
         (3)   Remedial technologies selected;
         (4)  Confirmation sampling plan;
         (5)  Current  and  projected  future  use   of   the
    property; and
         (6)  Applicable    preventive,    engineering,   and
    institutional controls including  long-term  reliability,
    operating,   and   maintenance   plans,   and  monitoring
    procedures.
    (e)  Remedial Action Completion Report.
         (1)  Upon completion of the  Remedial  Action  Plan,
    the RA shall prepare a Remedial Action Completion Report.
    The  report shall demonstrate whether the remedial action
    was completed in accordance with  the  approved  Remedial
    Action  Plan  and  whether the remediation objectives, as
    well as any other requirements of  the  plan,  have  been
    attained.
         (2)  If  the approved remediation objectives for the
    regulated substances of concern established under Section
    58.5 are equal to or above the  levels  existing  at  the
    site  prior  to  any  remedial  action,  notification and
    documentation  of  such  shall  constitute   the   entire
    Remedial  Action  Completion  Report for purposes of this
    Title.
    (f)  Ability to proceed.  The RA may elect to prepare and
submit for review and approval any and all reports  or  plans
required  under  the provisions of this Section individually,
following completion of  each  such  activity;  concurrently,
following  completion  of  all  activities;  or  in any other
combination.  In any event, the review and  approval  process
shall  proceed  in  accordance  with  Section  58.7 and rules
adopted thereunder.
    (g)  Nothing in this Section shall  prevent  an  RA  from
implementing  or  conducting an interim or any other remedial
measure prior to election to proceed under Section 58.6.
    (h)  In accordance with Section 58.11, the  Agency  shall
propose  and  the  Board  shall  adopt rules to carry out the
purposes of this Section.
(Source: P.A. 89-431, eff. 12-15-95; 89-443, eff. 7-1-96.)

    (415 ILCS 5/58.7)
    Sec. 58.7. Review and approvals.
    (a)  Requirements.   All  plans  and  reports  that   are
submitted  pursuant  to  this  Title  shall  be submitted for
review or approval in accordance with this Section.
    (b)  Review and evaluation by the Agency.
         (1)  Except for sites excluded under subdivision (a)
    (2)  of  Section  58.1,  the  Agency  shall,  subject  to
    available  resources,  agree  to   provide   review   and
    evaluation  services  for activities carried out pursuant
    to this Title for which the RA requested the services  in
    writing.  As a condition for providing such services, the
    Agency may require that the RA for a site:
              (A)  Conform with the procedures of this Title;
              (B)  Allow for or otherwise arrange site visits
         or  other  site  evaluation  by  the  Agency when so
         requested;
              (C)  Agree to perform the work plan as approved
         under this Title;
              (D)  Agree to pay any reasonable costs incurred
         and documented  by  the  Agency  in  providing  such
         services;
              (E)  Make  an  advance  partial  payment to the
         Agency for such anticipated services in  an  amount,
         acceptable  to  the Agency, but not to exceed $5,000
         or one-half of the total anticipated  costs  of  the
         Agency, whichever sum is less; and
              (F)  Demonstrate,  if  necessary,  authority to
         act on  behalf  of  or  in  lieu  of  the  owner  or
         operator.
         (2)  Any  moneys  received  by  the  State for costs
    incurred by the Agency in performing review or evaluation
    services for actions conducted  pursuant  to  this  Title
    shall be deposited in the Hazardous Waste Fund.
         (3)  An RA requesting services under subdivision (b)
    (1)  of this Section may, at any time, notify the Agency,
    in writing, that Agency services previously requested are
    no longer wanted.  Within 180 days after receipt  of  the
    notice,  the  Agency  shall  provide  the RA with a final
    invoice for services provided  until  the  date  of  such
    notifications.
         (4)  The  Agency may invoice or otherwise request or
    demand payment from a RA for costs incurred by the Agency
    in performing review or evaluation services  for  actions
    by the RA at sites only if:
              (A)  The   Agency   has   incurred   costs   in
         performing  response  actions,  other than review or
         evaluation services, due to the failure of the RA to
         take response action in  accordance  with  a  notice
         issued pursuant to this Act;
              (B)  The  RA  has  agreed  in  writing  to  the
         payment of such costs;
              (C)  The  RA has been ordered to pay such costs
         by the Board or a court  of  competent  jurisdiction
         pursuant to this Act; or
              (D)  The  RA  has requested or has consented to
         Agency   review   or   evaluation   services   under
         subdivision (b)  (1)   of this Section.
         (5)  The Agency may, subject to available resources,
    agree to  provide  review  and  evaluation  services  for
    response  actions  if  there is a written agreement among
    parties to a legal action or if a  notice  to  perform  a
    response action has been issued by the Agency.
    (c)  Review  and  evaluation  by  a Licensed Professional
Engineer or Licensed Professional Geologist.  A RA may  elect
to  contract with a Licensed Professional Engineer or, in the
case  of  a  site  investigation  report  only,  a   Licensed
Professional   Geologist,   who   will   perform  review  and
evaluation services on behalf of and under the  direction  of
the Agency relative to the site activities.
         (1)  Prior  to  entering  into the contract with the
    RELPEG  Review  and  Evaluation   Licensed   Professional
    Engineer  (RELPE),  the RA shall notify the Agency of the
    RELPEG RELPE to be selected.  The Agency and the RA shall
    discuss the potential terms of the contract.
         (2)  At a minimum,  the  contract  with  the  RELPEG
    RELPE   shall  provide  that the RELPEG RELPE will submit
    any reports directly to the Agency, will take his or  her
    directions for work assignments from the Agency, and will
    perform the assigned work on behalf of the Agency.
         (3)  Reasonable  costs  incurred by the Agency shall
    be paid by the RA directly to the Agency  in   accordance
    with  the  terms  of  the  review and evaluation services
    agreement entered  into  under  subdivision  (b)  (1)  of
    Section 58.7.
         (4)  In  no  event  shall the RELPEG RELPE acting on
    behalf of the Agency be an employee  of  the  RA  or  the
    owner  or  operator  of the site or be an employee of any
    other person the RA has contracted  to  provide  services
    relative to the site.
    (d)  Review  and  approval.   All  reviews required under
this Title shall be carried out by the  Agency  or  a  RELPEG
RELPE,  both  under  the direction of a Licensed Professional
Engineer  or,  in  the  case  of  the  review   of   a   site
investigation only, a Licensed Professional Geologist.
         (1)  All  review  activities conducted by the Agency
    or a RELPEG RELPE shall be  carried  out  in  conformance
    with  this  Title  and  rules  promulgated  under Section
    58.11.
         (2)  Subject to the limitations  in  subsection  (c)
    and this subsection (d), the specific plans, reports, and
    activities  that  which  the Agency or a RELPEG RELPE may
    review include:
              (A)  Site  Investigation  Reports  and  related
         activities;
              (B)  Remediation Objectives Reports;
              (C)  Remedial   Action   Plans   and    related
         activities; and
              (D)  Remedial  Action  Completion  Reports  and
         related activities.
         (3)  Only  the  Agency  shall  have the authority to
    approve, disapprove, or approve with conditions   a  plan
    or  report  as  a  result of the review process including
    those plans and reports reviewed by a RELPEG  RELPE.   If
    the  Agency  disapproves  a  plan or report or approves a
    plan or report with conditions, the written  notification
    required  by  subdivision  (d)  (4) of this Section shall
    contain the following information, as applicable:
              (A)  An explanation of  the  Sections  of  this
         Title that may be violated if the plan or report was
         approved;
              (B)  An  explanation  of  the provisions of the
         rules promulgated  under  this  Title  that  may  be
         violated if the plan or report was approved;
              (C)  An  explanation  of  the  specific type of
         information, if  any,  that  the  Agency  deems  the
         applicant did not provide the Agency;
              (D)  A  statement  of  specific reasons why the
         Title and regulations might not be met if  the  plan
         or report were approved; and
              (E)  An   explanation   of   the   reasons  for
         conditions if conditions are required.
         (4)  Upon approving, disapproving, or approving with
    conditions a plan or report, the Agency shall notify  the
    RA  in  writing of its decision.  In the case of approval
    or  approval  with  conditions  of  a   Remedial   Action
    Completion  Report, the Agency shall prepare a No Further
    Remediation Letter that meets the requirements of Section
    58.10 and send a copy of the letter to the RA.
         (5)  All reviews  undertaken  by  the  Agency  or  a
    RELPEG   RELPE  shall  be  completed  and  the  decisions
    communicated to the RA within 60 days of the request  for
    review or approval.  The RA may waive the deadline upon a
    request  from  the  Agency.  If the Agency disapproves or
    approves with conditions a plan or  report  or  fails  to
    issue  a  final decision within the 60 day period and the
    RA has not agreed to a waiver of  the  deadline,  the  RA
    may,  within  35  days,  file  an  appeal  to  the Board.
    Appeals to the Board shall be in the manner provided  for
    the review of permit decisions in Section 40 of this Act.
    (e)  Standard  of  review.  In making determinations, the
following factors, and additional factors as may  be  adopted
by  the  Board  in  accordance  with  Section 58.11, shall be
considered by the Agency when reviewing or  approving  plans,
reports,  and  related  activities, or the RELPEG RELPE, when
reviewing plans, reports, and related activities:
         (1)  Site   Investigation   Reports   and    related
    activities:   Whether  investigations have been conducted
    and  the  results  compiled  in   accordance   with   the
    appropriate  procedures  and  whether the interpretations
    and conclusions reached are supported by the  information
    gathered.   In  making  the  determination, the following
    factors shall be considered:
              (A)  The adequacy of  the  description  of  the
         site  and  site  characteristics  that  were used to
         evaluate the site;
              (B)  The  adequacy  of  the  investigation   of
         potential pathways and risks to receptors identified
         at the site; and
              (C)  The  appropriateness  of  the sampling and
         analysis used.
         (2)  Remediation  Objectives  Reports:  Whether  the
    remediation   objectives   are   consistent   with    the
    requirements  of  the  applicable method for selecting or
    determining remediation objectives  under  Section  58.5.
    In making the determination,  the following factors shall
    be considered:
              (A)  If   the  objectives  were  based  on  the
         determination  of  area  background   levels   under
         subsection  (b)  of Section 58.5, whether the review
         of current and historic  conditions  at  or  in  the
         immediate vicinity of the site has been thorough and
         whether  the  site  sampling  and  analysis has been
         performed  in  a  manner   resulting   in   accurate
         determinations;
              (B)  If  the  objectives were calculated on the
         basis of predetermined equations using site specific
         data,  whether  the  calculations  were   accurately
         performed and whether the site specific data reflect
         actual site conditions; and
              (C)  If  the objectives were determined using a
         site specific risk assessment procedure, whether the
         procedure  used   is   nationally   recognized   and
         accepted,  whether  the calculations were accurately
         performed,  and  whether  the  site  specific   data
         reflect actual site conditions.
         (3)  Remedial  Action  Plans and related activities:
    Whether the plan will  result  in  compliance  with  this
    Title,  and  rules adopted under it and attainment of the
    applicable  remediation  objectives.    In   making   the
    determination, the following factors shall be considered:
              (A)  The  likelihood  that the plan will result
         in the  attainment  of  the  applicable  remediation
         objectives;
              (B)  Whether   the   activities   proposed  are
         consistent  with  generally   accepted   engineering
         practices; and
              (C)  The  management  of  risk  relative to any
         remaining contamination, including but  not  limited
         to,   provisions   for  the  long-term  enforcement,
         operation,  and  maintenance  of  institutional  and
         engineering controls, if relied on.
         (4)  Remedial Action Completion Reports and  related
    activities:   Whether  the  remedial activities have been
    completed in accordance with the approved Remedial Action
    Plan and whether the  applicable  remediation  objectives
    have been attained.
    (f)  All  plans  and  reports  submitted for review shall
include a Licensed Professional Engineer's certification that
all investigations and remedial activities  were carried  out
under  his  or  her  direction and, to the best of his or her
knowledge and belief, the  work  described  in  the  plan  or
report  has  been  completed  in  accordance  with  generally
accepted engineering practices, and the information presented
is accurate and complete. In the case of a site investigation
report  prepared  or  supervised  by  a Licensed Professional
Geologist, the required certification  may  be  made  by  the
Licensed  Professional  Geologist  (rather  than  a  Licensed
Professional  Engineer)  and  based  upon  generally accepted
principles of professional geology.
    (g)  In accordance with Section 58.11, the  Agency  shall
propose  and  the  Board  shall  adopt rules to carry out the
purposes of this Section.  At  a  minimum,  the  rules  shall
detail  the  types  of  services  the  Agency  may provide in
response to  requests  under  subdivision  (b)  (1)  of  this
Section  and the recordkeeping it will utilize in documenting
to the RA the costs incurred by the Agency in providing  such
services.   Until  the Board adopts the rules, the Agency may
continue  to  offer  services  of  the  type  offered   under
subsections  (m) and (n) of Section 22.2 of this Act prior to
their repeal.
    (h)  Public participation.
         (1)  The Agency shall  develop  guidance  to  assist
    RA's  in the implementation of a community relations plan
    to address activity at sites undergoing  remedial  action
    pursuant to this Title.
         (2)  The  RA   may  elect  to  enter into a services
    agreement  with  the  Agency  for  Agency  assistance  in
    community outreach efforts.
         (3)  The Agency shall maintain  a  registry  listing
    those  sites  undergoing remedial action pursuant to this
    Title.
         (4)  Notwithstanding any provisions of this Section,
    the RA of a site undergoing remedial activity pursuant to
    this Title may elect to  initiate  a  community  outreach
    effort for the site.
(Source:  P.A.  89-431,  eff.  12-15-95; 89-443, eff. 7-1-96;
89-626, eff. 8-9-96.)

    (415 ILCS 5/58.11)
    Sec. 58.11. Regulations  and  Site  Remediation  Advisory
Committee.
    (a)  There   is   hereby  established  a  10-member  Site
Remediation Advisory Committee, which shall be  appointed  by
the   Governor.   The  Committee  shall  include  one  member
recommended by the Illinois State Chamber  of  Commerce,  one
member    recommended    by   the   Illinois   Manufacturers'
Association, one member recommended by the Chemical  Industry
Council of Illinois, one member recommended by the Consulting
Engineers  Council of Illinois, one member recommended by the
Illinois Bankers Association, one member recommended  by  the
Community   Bankers   Association  of  Illinois,  one  member
recommended  by   the   National   Solid   Waste   Management
Association,  and  3  other  members  as  determined  by  the
Governor.   Members  of  the  Advisory Committee may organize
themselves as they deem necessary  and  shall  serve  without
compensation.
    (b)  The Committee shall:
         (1)  Review,   evaluate,  and  make  recommendations
    regarding State laws, rules, and procedures  that  relate
    to site remediations.
         (2)  Review,   evaluate,  and  make  recommendations
    regarding the  review  and  approval  activities  of  the
    Agency  and  Review  and Evaluation Licensed Professional
    Engineers and Geologists.
         (3)  Make recommendations relating  to  the  State's
    efforts to  implement this Title.
         (4)  Review,   evaluate,  and  make  recommendations
    regarding the procedures  for  determining  proportionate
    degree  of  responsibility  for  a  release  of regulated
    substances.
         (5)  Review,  evaluate,  and  make   recommendations
    regarding   the   reports   prepared  by  the  Agency  in
    accordance with subsection (e) of this Section.
    (c)  Within 9 months after the  effective  date  of  this
amendatory  Act  of  1995, the Agency, after consideration of
the recommendations of the  Committee,  shall  propose  rules
prescribing  procedures  and standards for its administration
of this Title.  Within 9 months after receipt of the Agency's
proposed rules, the Board shall adopt, pursuant  to  Sections
27  and  28  of this Act, rules that are consistent with this
Title, including classifications of land use  and  provisions
for the voidance of No Further Remediation Letters.
    (d)  Until  such  time  as  the rules required under this
Section  take  effect,  the  Agency  shall   administer   its
activities   under  this  Title  in  accordance  with  Agency
procedures and applicable provisions of this Act.
    (e)  By  July  1,  1997   and   as   deemed   appropriate
thereafter,  the Agency shall prepare reports to the Governor
and the General Assembly concerning the status of  all  sites
for  which  the  Agency has expended money from the Hazardous
Waste Fund.  The reports shall include  specific  information
on the financial, technical, and cost recovery status of each
site.
(Source: P.A.  89-431,  eff.  12-15-95;  89-443, eff. 7-1-96;
89-626, eff. 8-9-96.)

    Section 99.  Effective date.  This Act takes effect  upon
becoming law.
    Passed in the General Assembly May 08, 2002.
    Approved July 25, 2002.
    Effective July 25, 2002.

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