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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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