EPA - CONTAMINANT RELEASES Senate SponsorsSen. John J. Cullerton-Kirk W. Dillard-Mattie Hunter House Sponsors(Rep. Thomas Holbrook-Patricia R. Bellock-James H. Meyer-John A. Fritchey-Michael K. Smith, Terry R. Parke, Karen May, Sandra M. Pihos and Naomi D. Jakobsson) 7/25/2005SenatePublic Act . . . . . . . . . 94-0314 415 ILCS 5/22.2d new415 ILCS 5/22.50 new415 ILCS 5/Title VI-D heading new415 ILCS 5/25d-1 new415 ILCS 5/25d-2 new415 ILCS 5/25d-3 new415 ILCS 5/25d-4 new415 ILCS 5/25d-5 new415 ILCS 5/25d-6 new415 ILCS 5/25d-7 new415 ILCS 5/25d-8 new415 ILCS 5/25d-9 new415 ILCS 5/25d-10 new415 ILCS 5/58.8415 ILCS 55/4from Ch. 111 1/2, par. 7454Amends the Environmental Protection Act and Groundwater Protection Act. Authorizes the Director of the Environmental Protection Agency to issue orders requiring an appropriate response from a potentially responsible party in the event of the release or substantial threat of release of a hazardous substance into the environment. Provides that a person may not use, cause the use of, or allow the use of (instead of "use") any site, for which a land use limitation has been imposed, in a manner that is inconsistent with that limitation unless certain conditions have been met. Establishes an internal Agency committee to recommend appropriate action for suspected or confirmed groundwater contamination and, among other things, requires the Agency to give notice of the actual or potential impact of the contamination to property owners served by the affected water system. Creates the Right-to-Know Committee to provide notice to the public about releases or suspected releases of contaminants in the State. Makes other changes. Effective immediately.Senate Floor Amendment No. 3 Deletes everything after the enacting clause. Reinserts the substantive provisions of the bill as introduced with the following changes. Further amends the Environmental Protection Act. Provides that the Director's orders requiring appropriate response actions may be issued unilaterally or on consent. Provides that the Director may issue orders for persons potentially liable under the Act for the release or substantial threat of the release of contaminants (previously, issued to parties potentially responsible for the release or substantial threat of release). Provides that the remediation objectives for response actions ordered under this Section shall be determined in accordance with the risk-based remediation objectives adopted by the Board under Title XVII of the Environmental Protection Act. Sets forth that, to obtain reimbursement for the reasonable costs of compliance with the Director's order, the petitioner must establish by a preponderance of the evidence that they are not liable under the Act for the release or the threat of the release to which the relevant order applies (previously, had to establish that they are not a responsible party with respect to the release or threat of release for which the relevant order was issued to obtain the reimbursement). Provides that a person who has complied with a Director's order and has resolved their liability under the Act with respect to the release or threat of a release is not liable for claims for contribution relating to the release or the threat of a release. Provides that the evaluations by the contaminant evaluation committee shall be performed whenever the Agency determines that the extent of soil or groundwater contamination may extend beyond the boundary of the site where the release occurred (previously, evaluations authorized when the Agency suspects or confirms actual or modeled contamination that extends beyond the boundary of the property). Provides that any moneys received by the Agency for the costs of giving notice under this Title shall be deposited in and used for purposes consistent with the Hazardous Waste Fund, except that costs associated with notices related to the release of petroleum from underground storage tanks must be deposited in and used for purposes consistent with the Underground Storage Tank Fund. Requires a person receiving an Agency information demand letter for information necessary to give notices due under this Title to give the required information within 30 days. Makes other changes. Effective immediately.House Amendment No. 1 Deletes reference to:415 ILCS 55/4from Ch. 111 1/2, par. 7454415 ILCS 5/25d-10 newDeletes everything after the enacting clause. Reinserts the provisions of the engrossed bill with the following changes. Provides that for any release or substantial threat of release for which the Agency is required to give notice (rather than when the Director determines that there may be an imminent and substantial endangerment to the public health or welfare or the environment as a result of a release or substantial threat of release of a certain hazardous substances) the Director may issue orders to any person who is potentially liable under the Act for the release or substantial threat of release any order that may be necessary to protect the public health and welfare and the environment. Provides that Special Notice Letters shall contain a period of time of not less than 30 days (instead of not to exceed 30 days) from the date of issuance during which the Agency is ready to negotiate with the recipient regarding the recipient's response to the release or threat of release. Prohibits the issuance of a unilateral Director's order during the 30 days immediately following the date of issuance of the Special Notice Letter. Provides that the recipient of a unilateral order issued by the Director may petition the Board for a hearing on the order within 35 days after being served with the order. Requires the Board to take final action on this petition within 60 days after the petition is filed unless all parties to the proceeding agree to the extension. Sets forth that the Agency shall have the burden of proof to establish that the petitioner is liable under the Act for the release or threat of release and that the actions required by the order are consistent with certain regulations. Sets forth other provisions for the conduct of Board hearings on these orders. Sets forth conditions for obtaining a stay of the Director's order and for obtaining judicial review following final action by the Board. Authorizes reimbursement for the costs, fees, and expenses, including attorneys fees, of the recipients of these orders under certain conditions. Deletes certain provisions relating to the previous scheme of obtaining reimbursement for the costs of these orders. Provides that no court, nor the Board, has jurisdiction to review any Director's order or any administrative or judicial action relating to the order except as provided under the Act. Provides that any person who, without sufficient cause, willfully violates or fails or refuses to comply with any order issued is in violation of the Act. Deletes a requirement that the Agency consult with affected members of the community during the development of rules necessary for the implementation of the Section. Authorizes the Agency to evaluate the release of contaminants whenever the Agency determines that the soil or groundwater contamination extends beyond the boundary of the site where the release occurred (previously this evaluation was to be conducted by the contaminant evaluation committee within the Agency). Provides that the persons to whom the Agency must give notice when certain contamination related events occur are the persons owning property within 2,500 feet of the subject contamination or any other closer or farther distance that the Agency deems appropriate under the circumstances (instead of property owners within 2,500 feet). Provides that the methods by which the Agency gives the notices required under the Section shall be determined in consultation with members of the public and appropriate members of the regulated community. Specifies certain methods by which the Agency shall give these notices, including, but not limited to, personal notification, public meetings, signs, electronic notification, and print media. Eliminates the Right-to-Know Committee. Removes changes to the Illinois Groundwater Protection Act. Effective immediately. 2/2/2005SenateFiled with Secretary by Sen. John J. Cullerton 2/2/2005SenateChief Co-Sponsor Sen. Kirk W. Dillard 2/2/2005SenateFirst Reading 2/2/2005SenateReferred to Rules 2/3/2005SenateAssigned to Judiciary 2/15/2005SenateSenate Committee Amendment No. 1 Filed with Secretary by Sen. John J. Cullerton 2/15/2005SenateSenate Committee Amendment No. 1 Referred to Rules 2/16/2005SenateDo Pass Judiciary; 010-000-000 2/16/2005SenatePlaced on Calendar Order of 2nd Reading February 17, 2005 2/28/2005SenateSenate Floor Amendment No. 2 Filed with Secretary by Sen. John J. Cullerton 2/28/2005SenateSenate Floor Amendment No. 2 Referred to Rules 3/1/2005SenateSenate Floor Amendment No. 2 Rules Refers to Judiciary 4/11/2005SenateSenate Floor Amendment No. 3 Filed with Secretary by Sen. John J. Cullerton 4/11/2005SenateSenate Floor Amendment No. 3 Referred to Rules 4/11/2005SenateSecond Reading 4/11/2005SenatePlaced on Calendar Order of 3rd Reading April 12, 2005 4/11/2005SenateSenate Floor Amendment No. 3 Rules Refers to Judiciary 4/12/2005SenateSenate Floor Amendment No. 3 Recommend Do Adopt Judiciary; 010-000-000 4/14/2005SenateRecalled to Second Reading 4/14/2005SenateSenate Floor Amendment No. 3 Adopted; Cullerton 4/14/2005SenatePlaced on Calendar Order of 3rd Reading 4/14/2005SenateThird Reading - Passed; 042-014-000 4/14/2005SenateSenate Committee Amendment No. 1 Tabled Pursuant to Rule 5-4(a) 4/14/2005SenateSenate Floor Amendment No. 2 Tabled Pursuant to Rule 5-4(a) 4/14/2005HouseArrived in House 4/14/2005HousePlaced on Calendar Order of First Reading 4/14/2005HouseChief House Sponsor Rep. Thomas Holbrook 4/14/2005HouseFirst Reading 4/14/2005HouseReferred to Rules Committee 4/15/2005HouseAdded Alternate Chief Co-Sponsor Rep. Patricia R. Bellock 4/15/2005HouseAdded Alternate Chief Co-Sponsor Rep. James H. Meyer 4/20/2005HouseAssigned to Environment & Energy Committee 5/5/2005HouseAdded Alternate Chief Co-Sponsor Rep. Sandra M. Pihos 5/12/2005HouseHouse Amendment No. 1 Filed with Clerk by Environment & Energy Committee 5/12/2005HouseHouse Amendment No. 1 Adopted in Environment & Energy Committee; by Voice Vote 5/12/2005HouseDo Pass as Amended / Short Debate Environment & Energy Committee; 018-000-000 5/12/2005HousePlaced on Calendar 2nd Reading - Short Debate 5/12/2005HouseAdded Alternate Co-Sponsor Rep. Michael K. Smith 5/12/2005HouseAdded Alternate Co-Sponsor Rep. Terry R. Parke 5/12/2005HouseAdded Alternate Co-Sponsor Rep. Karen May 5/18/2005HouseSecond Reading - Short Debate 5/18/2005HousePlaced on Calendar Order of 3rd Reading - Short Debate 5/19/2005HouseAlternate Chief Co-Sponsor Removed Rep. Sandra M. Pihos 5/19/2005HouseAdded Alternate Chief Co-Sponsor Rep. John A. Fritchey 5/19/2005HouseAlternate Co-Sponsor Removed Rep. Michael K. Smith 5/19/2005HouseAdded Alternate Chief Co-Sponsor Rep. Michael K. Smith 5/19/2005HouseAdded Alternate Co-Sponsor Rep. Sandra M. Pihos 5/19/2005HouseThird Reading - Short Debate - Passed 112-000-002 5/19/2005SenateSecretary's Desk - Concurrence House Amendment(s) 01 5/19/2005SenatePlaced on Calendar Order of Concurrence House Amendment(s) 01-May 20, 2005. 5/20/2005SenateHouse Amendment No. 1 Motion to Concur Filed with Secretary Sen. John J. Cullerton 5/20/2005SenateHouse Amendment No. 1 Motion to Concur Referred to Rules 5/23/2005SenateHouse Amendment No. 1 Motion to Concur Rules Referred to Judiciary 5/24/2005SenateHouse Amendment No. 1 Motion To Concur Recommended Do Adopt Judiciary; 009-000-000 5/25/2005SenateAdded as Chief Co-Sponsor Sen. Mattie Hunter 5/25/2005SenateHouse Amendment No. 1 Senate Concurs 059-000-000 5/25/2005SenatePassed Both Houses 5/27/2005HouseAdded Alternate Co-Sponsor Rep. Naomi D. Jakobsson 6/23/2005SenateSent to the Governor 7/25/2005SenateGovernor Approved 7/25/2005SenateEffective Date July 25, 2005 7/25/2005SenatePublic Act . . . . . . . . . 94-0314