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92_SB1968enr
SB1968 Enrolled LRB9213215ACpk
1 AN ACT concerning environmental safety.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Environmental Protection Act is amended
5 by changing Sections 57.2, 57.7, 57.8, 57.10, 58.2, 58.6,
6 58.7, and 58.11 as follows:
7 (415 ILCS 5/57.2)
8 Sec. 57.2. Definitions. As used in this Title:
9 "Audit" means a systematic inspection or examination of
10 plans, reports, records, or documents to determine the
11 completeness and accuracy of the data and conclusions
12 contained therein.
13 "Bodily injury" means bodily injury, sickness, or disease
14 sustained by a person, including death at any time, resulting
15 from a release of petroleum from an underground storage tank.
16 "Release" means any spilling, leaking, emitting,
17 discharging, escaping, leaching or disposing of petroleum
18 from an underground storage tank into groundwater, surface
19 water or subsurface soils.
20 "Fill material" means non-native or disturbed materials
21 used to bed and backfill around an underground storage tank.
22 "Fund" means the Underground Storage Tank Fund.
23 "Heating Oil" means petroleum that is No. 1, No. 2, No. 4
24 - light, No. 4 - heavy, No. 5 - light, No. 5 - heavy or No. 6
25 technical grades of fuel oil; and other residual fuel oils
26 including Navy Special Fuel Oil and Bunker C.
27 "Indemnification" means indemnification of an owner or
28 operator for the amount of any judgment entered against the
29 owner or operator in a court of law, for the amount of any
30 final order or determination made against the owner or
31 operator by an agency of State government or any subdivision
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1 thereof, or for the amount of any settlement entered into by
2 the owner or operator, if the judgment, order, determination,
3 or settlement arises out of bodily injury or property damage
4 suffered as a result of a release of petroleum from an
5 underground storage tank owned or operated by the owner or
6 operator.
7 "Corrective action" means activities associated with
8 compliance with the provisions of Sections 57.6 and 57.7 of
9 this Title.
10 "Occurrence" means an accident, including continuous or
11 repeated exposure to conditions, that results in a sudden or
12 nonsudden release from an underground storage tank.
13 When used in connection with, or when otherwise relating
14 to, underground storage tanks, the terms "facility", "owner",
15 "operator", "underground storage tank", "(UST)", "petroleum"
16 and "regulated substance" shall have the meanings ascribed to
17 them in Subtitle I of the Hazardous and Solid Waste
18 Amendments of 1984 (P.L. 98-616), of the Resource
19 Conservation and Recovery Act of 1976 (P.L. 94-580); provided
20 however that the term "underground storage tank" shall also
21 mean an underground storage tank used exclusively to store
22 heating oil for consumptive use on the premises where stored
23 and which serves other than a farm or residential unit.
24 "Licensed Professional Engineer" means a person,
25 corporation, or partnership licensed under the laws of the
26 State of Illinois to practice professional engineering.
27 "Licensed Professional Geologist" means a person licensed
28 under the laws of the State of Illinois to practice as a
29 professional geologist.
30 "Site" means any single location, place, tract of land or
31 parcel of property including contiguous property not
32 separated by a public right-of-way.
33 "Physical soil classification" means verification that
34 subsurface strata are as generally mapped in the publication
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1 Illinois Geological Survey Circular (1984) titled "Potential
2 for Contamination of Shallow Aquifers in Illinois," by Berg,
3 Richard C., et al. Such classification may include review of
4 soil borings, well logs, physical soil analyses, regional
5 geologic maps, or other scientific publications.
6 "Property damage" means physical injury to, destruction
7 of, or contamination of tangible property, including all
8 resulting loss of use of that property; or loss of use of
9 tangible property that is not physically injured, destroyed,
10 or contaminated, but has been evacuated, withdrawn from use,
11 or rendered inaccessible because of a release of petroleum
12 from an underground storage tank.
13 "Class I Groundwater" means groundwater that meets the
14 Class I: Potable Resource Groundwater criteria set forth in
15 the Board regulations adopted pursuant to the Illinois
16 Groundwater Protection Act.
17 "Class III Groundwater" means groundwater that meets the
18 Class III: Special Resource Groundwater criteria set forth
19 in the Board regulations adopted pursuant to the Illinois
20 Groundwater Protection Act.
21 (Source: P.A. 88-496; 89-428, eff. 1-1-96; 89-457, eff.
22 5-22-96.)
23 (415 ILCS 5/57.7)
24 Sec. 57.7. Leaking underground storage tanks; physical
25 soil classification, groundwater investigation, site
26 classification, and corrective action.
27 (a) Physical soil classification and groundwater
28 investigation.
29 (1) Prior to conducting any physical soil
30 classification and groundwater investigation activities
31 required by statute or regulation, the owner or operator
32 shall prepare and submit to the Agency for the Agency's
33 approval or modification:
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1 (A) a physical soil classification and
2 groundwater investigation plan designed to
3 determine site classification, in accordance
4 with subsection (b) of this Section, as High
5 Priority, Low Priority, or No Further Action.
6 (B) a request for payment of costs
7 associated with eligible early action costs as
8 provided in Section 57.6(b). However, for
9 purposes of payment for early action costs,
10 fill materials shall not be removed in an
11 amount in excess of 4 feet from the outside
12 dimensions of the tank.
13 (2) If the owner or operator intends to seek
14 payment from the Fund, prior to conducting any physical
15 soil classification and groundwater investigation
16 activities required by statute or regulation, the owner
17 or operator shall submit to the Agency for the Agency's
18 approval or modification a physical soil classification
19 and groundwater investigation budget which includes, but
20 is not limited to, an accounting of all costs associated
21 with the implementation and completion of the physical
22 soil classification and groundwater investigation plan.
23 (3) Within 30 days of completion of the physical
24 soil classification or groundwater investigation report
25 the owner or operator shall submit to the Agency:
26 (A) all physical soil classification and
27 groundwater investigation results; and
28 (B) a certification by a Licensed Professional
29 Engineer or Licensed Professional Geologist of the
30 site's classification as High Priority, Low
31 Priority, or No Further Action in accordance with
32 subsection (b) of this Section as High Priority, Low
33 Priority, or No Further Action.
34 (b) Site Classification.
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1 (1) After evaluation of the physical soil
2 classification and groundwater investigation results,
3 when required, and general site information, the site
4 shall be classified as "No Further Action", "Low
5 Priority", or "High Priority" based on the requirements
6 of this Section. Site classification shall be determined
7 by a Licensed Professional Engineer or Licensed
8 Professional Geologist in accordance with the
9 requirements of this Title and the Licensed Professional
10 Engineer or Licensed Professional Geologist shall submit
11 a certification to the Agency of the site classification.
12 The Agency has the authority to audit site
13 classifications and reject or modify any site
14 classification inconsistent with the requirements of this
15 Title.
16 (2) Sites shall be classified as No Further Action
17 if the criteria in subparagraph (A) are satisfied:
18 (A)(i) The site is located in an area
19 designated D, E, F and G on the Illinois Geological
20 Survey Circular (1984) titled "Potential for
21 Contamination of Shallow Aquifers in Illinois," by
22 Berg, Richard C., et al.;
23 (ii) A site evaluation under the direction of
24 a Licensed Professional Engineer or Licensed
25 Professional Geologist verifies the physical soil
26 classification conditions are consistent with those
27 indicated on the Illinois Geological Survey Circular
28 (1984) titled "Potential for Contamination of
29 Shallow Aquifers in Illinois," by Berg, Richard C.,
30 et al.; and
31 (iii) The conditions identified in subsections
32 (b) (3)(B), (C), (D), and (E) do not exist.
33 (B) Groundwater investigation monitoring may
34 be required to confirm that a site meets the
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1 criteria of a No Further Action site. The Board
2 shall adopt rules setting forth the criteria under
3 which the Agency may exercise its discretionary
4 authority to require investigations and the minimum
5 field requirements for conducting investigations.
6 (3) Sites shall be classified as High Priority if
7 any of the following are met:
8 (A) The site is located in an area designated
9 A1, A2, A3, A4, A5, AX, B1, B2, BX, C1, C2, C3, C4,
10 or C5 on the Illinois Geological Survey Circular
11 (1984) titled "Potential for Contamination of
12 Shallow Aquifers in Illinois," by Berg, Richard C.,
13 et al.; a site evaluation under the direction of a
14 Licensed Professional Engineer or Licensed
15 Professional Geologist verifies the physical soil
16 classifications conditions are consistent with those
17 indicated on the Illinois Geological Survey Circular
18 (1984) entitled "Potential for Contamination of
19 Shallow Aquifers in Illinois," by Berg, Richard C.,
20 et al.; and the results of the physical soil
21 classification and groundwater investigation
22 indicate that an applicable indicator contaminant
23 groundwater quality standard or groundwater
24 objective has been exceeded at the property boundary
25 line or 200 feet from the excavation, whichever is
26 less as a consequence of the underground storage
27 tank release.
28 (B) The underground storage tank is within the
29 minimum or maximum setback zone of a potable water
30 supply well or regulated recharge area of a potable
31 water supply well.
32 (C) There is evidence that, through natural or
33 manmade pathways, migration of petroleum or vapors
34 threaten human health or human safety or may cause
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1 explosions in basements, crawl spaces, utility
2 conduits, storm or sanitary sewers, vaults or other
3 confined spaces.
4 (D) Class III special resource groundwater
5 exists within 200 feet of the excavation.
6 (E) A surface water body is adversely affected
7 by the presence of a visible sheen or free product
8 layer as the result of an underground storage tank
9 release.
10 (4) Sites shall be classified as Low Priority if
11 all of the following are met:
12 (A) The site does not meet any of the criteria
13 for classification as a High Priority Site.
14 (B) (i) The site is located in area designated
15 A1, A2, A3, A4, A5, AX, B1, B2, BX, C1, C2, C3, C4,
16 C5 on the Illinois Geological Survey Circular (1984)
17 entitled "Potential for Contamination of Shallow
18 Aquifers in Illinois," by Berg, Richard C., et al.;
19 and
20 (ii) a site evaluation under the direction of
21 a Licensed Professional Engineer or Licensed
22 Professional Geologist verifies the physical soil
23 classification conditions are consistent with those
24 indicated on the Illinois Geological Survey Circular
25 (1984) titled "Potential for Contamination of
26 Shallow Aquifers in Illinois," by Berg, Richard C.,
27 et al.; and
28 (iii) the results of the physical soil
29 classification and groundwater investigation do not
30 indicate an applicable indicator contaminant
31 groundwater quality standard or groundwater
32 objective has been exceeded at the property boundary
33 line or 200 feet from the underground storage tank,
34 whichever is less.
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1 (5) In the event the results of the physical soil
2 classification and any required groundwater investigation
3 reveal that the actual site geologic characteristics are
4 different than those indicated by the Illinois Geological
5 Survey Circular (1984) titled "Potential for
6 Contamination of Shallow Aquifers in Illinois" by Berg,
7 Richard C., et al., classification of the site shall be
8 determined using the actual site geologic
9 characteristics.
10 (6) For purposes of physical soil classification,
11 the Board is authorized to prescribe by regulation
12 alternatives to use of the Illinois Geological Survey
13 Circular (1984) titled "Potential for Contamination of
14 Shallow Aquifers in Illinois" by Berg, Richard C., et al.
15 (c) Corrective Action.
16 (1) High Priority Site.
17 (A) Prior to performance of any corrective
18 action, beyond that required by Section 57.6 and
19 subsection (a) of Section 57.7 of this Act, the
20 owner or operator shall prepare and submit to the
21 Agency for the Agency's approval or modification a
22 corrective action plan designed to mitigate any
23 threat to human health, human safety or the
24 environment resulting from the underground storage
25 tank release.
26 (B) If the owner or operator intends to seek
27 payment from the Fund, prior to performance of any
28 corrective action beyond that required by Section
29 57.6 and subsection (a) of Section 57.7, the owner
30 or operator shall submit to the Agency for the
31 Agency's approval or modification a corrective
32 action plan budget which includes, but is not
33 limited to, an accounting of all costs associated
34 with the implementation and completion of the
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1 corrective action plan.
2 (C) The corrective action plan shall do all of
3 the following:
4 (i) Provide that applicable indicator
5 contaminant groundwater quality standards or
6 groundwater objectives will not be exceeded in
7 groundwater at the property boundary line or
8 200 feet from the excavation, whichever is
9 less, or other level if approved by the Agency,
10 for any contaminant identified in the
11 groundwater investigation after complete
12 performance of the corrective action plan.
13 (ii) Provide that Class III special
14 resource groundwater quality standards for
15 Class III special resource groundwater within
16 200 feet of the excavation will not be exceeded
17 as a result of the underground storage tank
18 release for any indicator contaminant
19 identified in the groundwater investigation
20 after complete performance of the corrective
21 action plan.
22 (iii) Remediate threats due to the
23 presence or migration, through natural or
24 manmade pathways, of petroleum in
25 concentrations sufficient to harm human health
26 or human safety or to cause explosions in
27 basements, crawl spaces, utility conduits,
28 storm or sanitary sewers, vaults or other
29 confined spaces.
30 (iv) Remediate threats to a potable water
31 supply.
32 (v) Remediate threats to a surface water
33 body.
34 (D) Within 30 days of completion of the
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1 corrective action, the owner or operator shall
2 submit to the Agency such a completion report that
3 includes a description of the corrective action plan
4 and a description of the corrective action work
5 performed and all analytical or sampling results
6 derived from performance of the corrective action
7 plan.
8 (E) The Agency shall issue to the owner or
9 operator a no further remediation letter in
10 accordance with Section 57.10 if all of the
11 following are met:
12 (i) The corrective action completion
13 report demonstrates that: (a) applicable
14 indicator contaminant groundwater quality
15 standards or groundwater objectives are not
16 exceeded at the property boundary line or 200
17 feet from the excavation, whichever is less, as
18 a result of the underground storage tank
19 release for any indicator contaminant
20 identified in the groundwater investigation;
21 (b) Class III special use resource groundwater
22 quality standards, for Class III special use
23 resource groundwater within 200 feet of the
24 underground storage tank, are not exceeded as a
25 result of the underground storage tank release
26 for any contaminant identified in the
27 groundwater investigation; (c) the underground
28 storage tank release does not threaten human
29 health or human safety due to the presence or
30 migration, through natural or manmade pathways,
31 of petroleum or hazardous substances in
32 concentrations sufficient to harm human health
33 or human safety or to cause explosions in
34 basements, crawl spaces, utility conduits,
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1 storm or sanitary sewers, vaults or other
2 confined spaces; (d) the underground storage
3 tank release does not threaten any surface
4 water body; and (e) the underground storage
5 tank release does not threaten any potable
6 water supply.
7 (ii) The owner or operator submits to the
8 Agency a certification from a Licensed
9 Professional Engineer that the work described
10 in the approved corrective action plan has been
11 completed and that the information presented in
12 the corrective action completion report is
13 accurate and complete.
14 (2) Low Priority Site.
15 (A) Corrective action at a low priority site
16 must include groundwater monitoring consistent with
17 part (B) of this paragraph (2).
18 (B) Prior to implementation of groundwater
19 monitoring, the owner or operator shall prepare and
20 submit to the Agency a groundwater monitoring plan
21 and, if the owner or operator intends to seek
22 payment under this Title, an associated budget which
23 includes, at a minimum, all of the following:
24 (i) Placement of groundwater monitoring
25 wells at the property line, or at 200 feet from
26 the excavation which ever is closer, designed
27 to provide the greatest likelihood of detecting
28 migration of groundwater contamination.
29 (ii) Quarterly groundwater sampling for a
30 period of one year, semi-annual sampling for
31 the second year and annual groundwater sampling
32 for one subsequent year for all indicator
33 contaminants identified during the groundwater
34 investigation.
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1 (iii) The annual submittal to the Agency
2 of a summary of groundwater sampling results.
3 (C) If at any time groundwater sampling
4 results indicate a confirmed exceedence of
5 applicable indicator contaminant groundwater quality
6 standards or groundwater objectives as a result of
7 the underground storage tank release, the site may
8 be reclassified as a High Priority Site by the
9 Agency at any time before the Agency's final
10 approval of a Low Priority groundwater monitoring
11 completion report. Agency review and approval shall
12 be in accordance with paragraph (4) of subsection
13 (c) of this Section. If the owner or operator elects
14 to appeal an Agency action to disapprove, modify, or
15 reject by operation of law a Low Priority
16 groundwater monitoring completion report, the Agency
17 shall indicate to the Board in conjunction with such
18 appeal whether it intends to reclassify the site as
19 High Priority. If a site is reclassified as a High
20 Priority Site, the owner or operator shall submit a
21 corrective action plan and budget to the Agency
22 within 120 days of the confirmed exceedence and
23 shall initiate compliance with all corrective action
24 requirements for a High Priority Site.
25 (D) If, throughout the implementation of the
26 groundwater monitoring plan, the groundwater
27 sampling results do not confirm an exceedence of
28 applicable indicator contaminant groundwater quality
29 standards or groundwater objectives as a result of
30 the underground storage tank release, the owner or
31 operator shall submit to the Agency a certification
32 of a Licensed Professional Engineer or Licensed
33 Professional Geologist so stating.
34 (E) Unless the Agency takes action under
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1 subsection (b)(2)(C) to reclassify a site as high
2 priority, upon receipt of a certification by a
3 Licensed Professional Engineer or Licensed
4 Professional Geologist submitted pursuant to
5 paragraph (2) of subsection (c) of this Section, the
6 Agency shall issue to the owner or operator a no
7 further remediation letter in accordance with
8 Section 57.10.
9 (3) No Further Action Site.
10 (A) No Further Action sites require no
11 remediation beyond that required in Section 57.6 and
12 subsection (a) of this Section if the owner or
13 operator has submitted to the Agency a certification
14 by a Licensed Professional Engineer or Licensed
15 Professional Geologist that the site meets all of
16 the criteria for classification as No Further Action
17 in subsection (b) of this Section.
18 (B) Unless the Agency takes action to reject
19 or modify a site classification under subsection (b)
20 of this Section or the site classification is
21 rejected by operation of law under item (4)(B) of
22 subsection (c) of this Section, upon receipt of a
23 certification by a Licensed Professional Engineer or
24 Licensed Professional Geologist submitted pursuant
25 to part (A) of paragraph (3) of subsection (c) of
26 this Section, the Agency shall issue to the owner or
27 operator a no further remediation letter in
28 accordance with Section 57.10.
29 (4) Agency review and approval.
30 (A) Agency approval of any plan and associated
31 budget, as described in this item (4), shall be
32 considered final approval for purposes of seeking
33 and obtaining payment from the Underground Storage
34 Tank Fund if the costs associated with the
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1 completion of any such plan are less than or equal
2 to the amounts approved in such budget.
3 (B) In the event the Agency fails to approve,
4 disapprove, or modify any plan or report submitted
5 pursuant to this Title in writing within 120 days of
6 the receipt by the Agency, the plan or report shall
7 be considered to be rejected by operation of law for
8 purposes of this Title and rejected for purposes of
9 payment from the Leaking Underground Storage Tank
10 Fund.
11 (i) For purposes of those plans as
12 identified in subparagraph (E) of this
13 subsection (c)(4), the Agency's review may be
14 an audit procedure. Such review or audit shall
15 be consistent with the procedure for such
16 review or audit as promulgated by the Board
17 under item (7) of subsection (b) of Section
18 57.14. The Agency has the authority to
19 establish an auditing program to verify
20 compliance of such plans with the provisions of
21 this Title.
22 (ii) For purposes of those plans
23 submitted pursuant to Part (E) (iii) of this
24 paragraph (4) for which payment from the Fund
25 is not being sought, the Agency need not take
26 action on such plan until 120 days after it
27 receives the corrective action completion
28 report required under Section 57(c)(1)(D). In
29 the event the Agency approved the plan, it
30 shall proceed under the provisions of Section
31 57(c)(4).
32 (C) In approving any plan submitted pursuant
33 to Part (E) of this paragraph (4), the Agency shall
34 determine, by a procedure promulgated by the Board
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1 under item (7) of subsection (b) of Section 57.14,
2 that the costs associated with the plan are
3 reasonable, will be incurred in the performance of
4 corrective action, and will not be used for
5 corrective action activities in excess of those
6 required to meet the minimum requirements of this
7 title.
8 (D) For any plan or report received after the
9 effective date of this amendatory Act of 1993, any
10 action by the Agency to disapprove or modify a plan
11 submitted pursuant to this Title shall be provided
12 to the owner or operator in writing within 120 days
13 of the receipt by the Agency or, in the case of a
14 corrective action plan for which payment is not
15 being sought, within 120 days of receipt of the
16 corrective action completion report, and shall be
17 accompanied by:
18 (i) an explanation of the Sections of
19 this Act which may be violated if the plans
20 were approved;
21 (ii) an explanation of the provisions of
22 the regulations, promulgated under this Act,
23 which may be violated if the plan were
24 approved;
25 (iii) an explanation of the specific type
26 of information, if any, which the Agency deems
27 the applicant did not provide the Agency; and
28 (iv) a statement of specific reasons why
29 the Act and the regulations might not be met if
30 the plan were approved.
31 Any action by the Agency to disapprove or
32 modify a plan or report or the rejection of any plan
33 or report by operation of law shall be subject to
34 appeal to the Board in accordance with the
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1 procedures of Section 40. If the owner or operator
2 elects to incorporate modifications required by the
3 Agency rather than appeal, an amended plan shall be
4 submitted to the Agency within 35 days of receipt of
5 the Agency's written notification.
6 (E) For purposes of this Title, the term
7 "plan" shall include:
8 (i) Any physical soil classification and
9 groundwater investigation plan submitted
10 pursuant to item (1)(A) of subsection (a) of
11 this Section, or budget under item (2) of
12 subsection (a) of this Section;
13 (ii) Any groundwater monitoring plan or
14 budget submitted pursuant to subsection
15 (c)(2)(B) of this Section;
16 (iii) Any corrective action plan
17 submitted pursuant to subsection (c)(1)(A) of
18 this Section; or
19 (iv) Any corrective action plan budget
20 submitted pursuant to subsection (c)(1)(B) of
21 this Section.
22 (d) For purposes of this Title, the term "indicator
23 contaminant" shall mean, unless and until the Board
24 promulgates regulations to the contrary, the following: (i)
25 if an underground storage tank contains gasoline, the
26 indicator parameter shall be BTEX and Benzene; (ii) if the
27 tank contained petroleum products consisting of middle
28 distillate or heavy ends, then the indicator parameter shall
29 be determined by a scan of PNA's taken from the location
30 where contamination is most likely to be present; and (iii)
31 if the tank contained used oil, then the indicator
32 contaminant shall be those chemical constituents which
33 indicate the type of petroleum stored in an underground
34 storage tank. All references in this Title to groundwater
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1 objectives shall mean Class I groundwater standards or
2 objectives as applicable.
3 (e) (1) Notwithstanding the provisions of this Section,
4 an owner or operator may proceed to conduct physical soil
5 classification, groundwater investigation, site
6 classification or other corrective action prior to the
7 submittal or approval of an otherwise required plan. If
8 the owner or operator elects to so proceed, an applicable
9 plan shall be filed with the Agency at any time. Such
10 plan shall detail the steps taken to determine the type
11 of corrective action which was necessary at the site
12 along with the corrective action taken or to be taken, in
13 addition to costs associated with activities to date and
14 anticipated costs.
15 (2) Upon receipt of a plan submitted after
16 activities have commenced at a site, the Agency shall
17 proceed to review in the same manner as required under
18 this Title. In the event the Agency disapproves all or
19 part of the costs, the owner or operator may appeal such
20 decision to the Board. The owner or operator shall not
21 be eligible to be reimbursed for such disapproved costs
22 unless and until the Board determines that such costs
23 were eligible for payment.
24 (Source: P.A. 88-496; 88-668, eff. 9-16-94; 89-428, eff.
25 1-1-96; 89-457, eff. 5-22-96; revised 1-25-02.)
26 (415 ILCS 5/57.8)
27 Sec. 57.8. Underground Storage Tank Fund; payment;
28 options for State payment; deferred correction election to
29 commence corrective action upon availability of funds. If an
30 owner or operator is eligible to access the Underground
31 Storage Tank Fund pursuant to an Office of State Fire Marshal
32 eligibility/deductible final determination letter issued in
33 accordance with Section 57.9, the owner or operator may
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1 submit a complete application for final or partial payment to
2 the Agency for activities taken in response to a confirmed
3 release. An owner or operator may submit a request for
4 partial or final payment regarding a site no more frequently
5 than once every 90 days.
6 (a) Payment after completion of corrective action
7 measures. The owner or operator may submit an application for
8 payment for activities performed at a site after completion
9 of the requirements of Sections 57.6 and 57.7, or after
10 completion of any other required activities at the
11 underground storage tank site.
12 (1) In the case of any approved plan and budget for
13 which payment is being sought, the Agency shall make a
14 payment determination within 120 days of receipt of the
15 application. Such determination shall be considered a
16 final decision. The Agency's review shall be limited to
17 generally accepted auditing and accounting practices. In
18 no case shall the Agency conduct additional review of any
19 plan which was completed within the budget, beyond
20 auditing for adherence to the corrective action measures
21 in the proposal. If the Agency fails to approve the
22 payment application within 120 days, such application
23 shall be deemed approved by operation of law and the
24 Agency shall proceed to reimburse the owner or operator
25 the amount requested in the payment application.
26 However, in no event shall the Agency reimburse the owner
27 or operator an amount greater than the amount approved in
28 the plan.
29 (2) If sufficient funds are available in the
30 Underground Storage Tank Fund, the Agency shall, within
31 60 days, forward to the Office of the State Comptroller a
32 voucher in the amount approved under the payment
33 application.
34 (3) In the case of insufficient funds, the Agency
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1 shall form a priority list for payment and shall notify
2 persons in such priority list monthly of the availability
3 of funds and when payment shall be made. Payment shall
4 be made to the owner or operator at such time as
5 sufficient funds become available for the costs
6 associated with corrective action and costs expended for
7 activities performed where no proposal is required, if
8 applicable. Such priority list shall be available to any
9 owner or operator upon request. Priority for payment
10 shall be determined by the date the Agency receives a
11 complete request for partial or final payment. Upon
12 receipt of notification from the Agency that the
13 requirements of this Title have been met, the Comptroller
14 shall make payment to the owner or operator of the amount
15 approved by the Agency, if sufficient money exists in the
16 Fund. If there is insufficient money in the Fund, then
17 payment shall not be made. If the owner or operator
18 appeals a final Agency payment determination and it is
19 determined that the owner or operator is eligible for
20 payment or additional payment, the priority date for the
21 payment or additional payment shall be the same as the
22 priority date assigned to the original request for
23 partial or final payment.
24 (4) Any deductible, as determined pursuant to the
25 Office of the State Fire Marshal's eligibility and
26 deductibility final determination in accordance with
27 Section 57.9, shall be subtracted from any payment
28 invoice paid to an eligible owner or operator. Only one
29 deductible shall apply per underground storage tank site.
30 (5) In the event that costs are or will be incurred
31 in addition to those approved by the Agency, or after
32 payment, the owner or operator may submit successive
33 plans containing amended budgets. The requirements of
34 Section 57.7 shall apply to any amended plans.
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1 (6) For purposes of this Section, a complete
2 application shall consist of:
3 (A) A certification from a Licensed
4 Professional Engineer or Licensed Professional
5 Geologist as required under this Title and
6 acknowledged by the owner or operator.
7 (B) A statement of the amount approved in the
8 plan and the amount actually sought for payment
9 along with a certified statement that the amount so
10 sought shall be expended in conformance with the
11 approved budget.
12 (C) A copy of the Office of the State Fire
13 Marshal's eligibility and deductibility
14 determination.
15 (D) Proof that approval of the payment
16 requested will not result in the limitations set
17 forth in subsection (g) of this Section being
18 exceeded.
19 (E) A federal taxpayer identification number
20 and legal status disclosure certification on a form
21 prescribed and provided by the Agency.
22 (b) Commencement of corrective action upon availability
23 of funds. The Board shall adopt regulations setting forth
24 procedures based on risk to human health or the environment
25 under which the owner or operator who has received approval
26 for any budget plan submitted pursuant to Section 57.7, and
27 who is eligible for payment from the Underground Storage Tank
28 Fund pursuant to an Office of the State Fire Marshal
29 eligibility and deductibility determination, may elect to
30 defer site classification, low priority groundwater
31 monitoring, or remediation activities until funds are
32 available in an amount equal to the amount approved in the
33 budget plan. The regulations shall establish criteria based
34 on risk to human health or the environment to be used for
SB1968 Enrolled -21- LRB9213215ACpk
1 determining on a site-by-site basis whether deferral is
2 appropriate. The regulations also shall establish the
3 minimum investigatory requirements for determining whether
4 the risk based criteria are present at a site considering
5 deferral and procedures for the notification of owners or
6 operators of insufficient funds, Agency review of request for
7 deferral, notification of Agency final decisions, returning
8 deferred sites to active status, and earmarking of funds for
9 payment.
10 (c) When the owner or operator requests indemnification
11 for payment of costs incurred as a result of a release of
12 petroleum from an underground storage tank, if the owner or
13 operator has satisfied the requirements of subsection (a) of
14 this Section, the Agency shall forward a copy of the request
15 to the Attorney General. The Attorney General shall review
16 and approve the request for indemnification if:
17 (1) there is a legally enforceable judgment entered
18 against the owner or operator and such judgment was
19 entered due to harm caused by a release of petroleum from
20 an underground storage tank and such judgment was not
21 entered as a result of fraud; or
22 (2) a settlement with a third party due to a
23 release of petroleum from an underground storage tank is
24 reasonable.
25 (d) Notwithstanding any other provision of this Title,
26 the Agency shall not approve payment to an owner or operator
27 from the Fund for costs of corrective action or
28 indemnification incurred during a calendar year in excess of
29 the following aggregate amounts based on the number of
30 petroleum underground storage tanks owned or operated by such
31 owner or operator in Illinois.
32 Amount Number of Tanks
33 $1,000,000............................fewer than 101
34 $2,000,000...............................101 or more
SB1968 Enrolled -22- LRB9213215ACpk
1 (1) Costs incurred in excess of the aggregate
2 amounts set forth in paragraph (1) of this subsection
3 shall not be eligible for payment in subsequent years.
4 (2) For purposes of this subsection, requests
5 submitted by any of the agencies, departments, boards,
6 committees or commissions of the State of Illinois shall
7 be acted upon as claims from a single owner or operator.
8 (3) For purposes of this subsection, owner or
9 operator includes (i) any subsidiary, parent, or joint
10 stock company of the owner or operator and (ii) any
11 company owned by any parent, subsidiary, or joint stock
12 company of the owner or operator.
13 (e) Costs of corrective action or indemnification
14 incurred by an owner or operator which have been paid to an
15 owner or operator under a policy of insurance, another
16 written agreement, or a court order are not eligible for
17 payment under this Section. An owner or operator who
18 receives payment under a policy of insurance, another written
19 agreement, or a court order shall reimburse the State to the
20 extent such payment covers costs for which payment was
21 received from the Fund. Any monies received by the State
22 under this subsection (e) shall be deposited into the Fund.
23 (f) Until the Board adopts regulations pursuant to
24 Section 57.14, handling charges are eligible for payment only
25 if they are equal to or less than the amount determined by
26 the following table:
27 Subcontract or field Eligible Handling Charges
28 Purchase Cost as a Percentage of Cost
29 $0 - $5,000...........................................12%
30 $5,001 - $15,000.............$600+10% of amt. over $5,000
31 $15,001 - $50,000...........$1600+8% of amt. over $15,000
32 $50,001 - $100,000..........$4400+5% of amt. over $50,000
33 $100,001 - $1,000,000......$6900+2% of amt. over $100,000
34 (g) The Agency shall not approve any payment from the
SB1968 Enrolled -23- LRB9213215ACpk
1 Fund to pay an owner or operator:
2 (1) for costs of corrective action incurred by such
3 owner or operator in an amount in excess of $1,000,000
4 per occurrence; and
5 (2) for costs of indemnification of such owner or
6 operator in an amount in excess of $1,000,000 per
7 occurrence.
8 (h) Payment of any amount from the Fund for corrective
9 action or indemnification shall be subject to the State
10 acquiring by subrogation the rights of any owner, operator,
11 or other person to recover the costs of corrective action or
12 indemnification for which the Fund has compensated such
13 owner, operator, or person from the person responsible or
14 liable for the release.
15 (i) If the Agency refuses to pay or authorizes only a
16 partial payment, the affected owner or operator may petition
17 the Board for a hearing in the manner provided for the review
18 of permit decisions in Section 40 of this Act.
19 (j) Costs of corrective action or indemnification
20 incurred by an owner or operator prior to July 28, 1989,
21 shall not be eligible for payment or reimbursement under this
22 Section.
23 (k) The Agency shall not pay costs of corrective action
24 or indemnification incurred before providing notification of
25 the release of petroleum in accordance with the provisions of
26 this Title.
27 (l) Corrective action does not include legal defense
28 costs. Legal defense costs include legal costs for seeking
29 payment under this Title unless the owner or operator
30 prevails before the Board in which case the Board may
31 authorize payment of legal fees.
32 (m) The Agency may apportion payment of costs for plans
33 submitted under Section 57.7(c)(4)(E)(iii) if:
34 (1) the owner or operator was deemed eligible to
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1 access the Fund for payment of corrective action costs
2 for some, but not all, of the underground storage tanks
3 at the site; and
4 (2) the owner or operator failed to justify all
5 costs attributable to each underground storage tank at
6 the site.
7 (Source: P.A. 91-357, eff. 7-29-99.)
8 (415 ILCS 5/57.10)
9 Sec. 57.10. Professional Engineer or Professional
10 Geologist certification; presumptions against liability.
11 (a) Within 120 days of the Agency's receipt of a No
12 Further Action site classification report, a Low Priority
13 groundwater monitoring report, or a High Priority corrective
14 action completion report, the Agency shall issue to the owner
15 or operator a "no further remediation letter" unless the
16 Agency has requested a modification, issued a rejection under
17 subsection (d) of this Section, or the report has been
18 rejected by operation of law.
19 (b) By certifying such a statement, a Licensed
20 Professional Engineer or Licensed Professional Geologist
21 shall in no way be liable thereon, unless the engineer or
22 geologist gave such certification despite his or her actual
23 knowledge that the performed measures were not in compliance
24 with applicable statutory or regulatory requirements or any
25 plan submitted to the Agency.
26 (c) The Agency's issuance of a no further remediation
27 letter shall signify, based on the certification of the
28 Licensed Professional Engineer, that:
29 (1) all statutory and regulatory corrective
30 action requirements applicable to the occurrence have
31 been complied with;
32 (2) all corrective action concerning the
33 remediation of the occurrence has been completed; and
SB1968 Enrolled -25- LRB9213215ACpk
1 (3) no further corrective action concerning the
2 occurrence is necessary for the protection of human
3 health, safety and the environment.
4 (d) The no further remediation letter issued under this
5 Section shall apply in favor of the following parties:
6 (1) The owner or operator to whom the letter was
7 issued.
8 (2) Any parent corporation or subsidiary of such
9 owner or operator.
10 (3) Any co-owner or co-operator, either by joint
11 tenancy, right-of-survivorship, or any other party
12 sharing a legal relationship with the owner or operator
13 to whom the letter is issued.
14 (4) Any holder of a beneficial interest of a land
15 trust or inter vivos trust whether revocable or
16 irrevocable.
17 (5) Any mortgagee or trustee of a deed of trust of
18 such owner or operator.
19 (6) Any successor-in-interest of such owner or
20 operator.
21 (7) Any transferee of such owner or operator
22 whether the transfer was by sale, bankruptcy proceeding,
23 partition, dissolution of marriage, settlement or
24 adjudication of any civil action, charitable gift, or
25 bequest.
26 (8) Any heir or devisee or such owner or operator.
27 (e) If the Agency notifies the owner or operator that
28 the "no further remediation" letter has been rejected, the
29 grounds for such rejection shall be described in the notice.
30 Such a decision shall be a final determination which may be
31 appealed by the owner or operator.
32 (f) The Board shall adopt rules setting forth the
33 criteria under which the Agency may require an owner or
34 operator to conduct further investigation or remediation
SB1968 Enrolled -26- LRB9213215ACpk
1 related to a release for which a no further remediation
2 letter has been issued.
3 (g) Holders of security interests in sites subject to
4 the requirements of this Title XVI shall be entitled to the
5 same protections and subject to the same responsibilities
6 provided under general regulations promulgated under Subtitle
7 I of the Hazardous and Solid Waste Amendments of 1984 (P.L.
8 98-616) of the Resource Conservation and Recovery Act of 1976
9 (P.L. 94-580).
10 (Source: P.A. 88-496; 89-428, eff. 1-1-96; 89-457, eff.
11 5-22-96.)
12 (415 ILCS 5/58.2)
13 Sec. 58.2. Definitions. The following words and phrases
14 when used in this Title shall have the meanings given to them
15 in this Section unless the context clearly indicates
16 otherwise:
17 "Agrichemical facility" means a site on which
18 agricultural pesticides are stored or handled, or both, in
19 preparation for end use, or distributed. The term does not
20 include basic manufacturing facility sites.
21 "ASTM" means the American Society for Testing and
22 Materials.
23 "Area background" means concentrations of regulated
24 substances that are consistently present in the environment
25 in the vicinity of a site that are the result of natural
26 conditions or human activities, and not the result solely of
27 releases at the site.
28 "Brownfields site" or "brownfields" means a parcel of
29 real property, or a portion of the parcel, that has actual or
30 perceived contamination and an active potential for
31 redevelopment.
32 "Class I groundwater" means groundwater that meets the
33 Class I Potable Resource groundwater criteria set forth in
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1 the Board rules adopted under the Illinois Groundwater
2 Protection Act.
3 "Class III groundwater" means groundwater that meets the
4 Class III Special Resource Groundwater criteria set forth in
5 the Board rules adopted under the Illinois Groundwater
6 Protection Act.
7 "Carcinogen" means a contaminant that is classified as a
8 Category A1 or A2 Carcinogen by the American Conference of
9 Governmental Industrial Hygienists; or a Category 1 or 2A/2B
10 Carcinogen by the World Health Organizations International
11 Agency for Research on Cancer; or a "Human Carcinogen" or
12 "Anticipated Human Carcinogen" by the United States
13 Department of Health and Human Service National Toxicological
14 Program; or a Category A or B1/B2 Carcinogen by the United
15 States Environmental Protection Agency in Integrated Risk
16 Information System or a Final Rule issued in a Federal
17 Register notice by the USEPA as of the effective date of this
18 amendatory Act of 1995.
19 "Licensed Professional Engineer" (LPE) means a person,
20 corporation, or partnership licensed under the laws of this
21 State to practice professional engineering.
22 "Licensed Professional Geologist" means a person licensed
23 under the laws of the State of Illinois to practice as a
24 professional geologist.
25 "RELPEG" means a Licensed Professional Engineer or a
26 Licensed Professional Geologist engaged in review and
27 evaluation under this Title.
28 "Man-made pathway" means constructed routes that may
29 allow for the transport of regulated substances including,
30 but not limited to, sewers, utility lines, utility vaults,
31 building foundations, basements, crawl spaces, drainage
32 ditches, or previously excavated and filled areas.
33 "Municipality" means an incorporated city, village, or
34 town in this State. "Municipality" does not mean a township,
SB1968 Enrolled -28- LRB9213215ACpk
1 town when that term is used as the equivalent of a township,
2 incorporated town that has superseded a civil township,
3 county, or school district, park district, sanitary district,
4 or similar governmental district.
5 "Natural pathway" means natural routes for the transport
6 of regulated substances including, but not limited to, soil,
7 groundwater, sand seams and lenses, and gravel seams and
8 lenses.
9 "Person" means individual, trust, firm, joint stock
10 company, joint venture, consortium, commercial entity,
11 corporation (including a government corporation),
12 partnership, association, State, municipality, commission,
13 political subdivision of a State, or any interstate body
14 including the United States Government and each department,
15 agency, and instrumentality of the United States.
16 "Regulated substance" means any hazardous substance as
17 defined under Section 101(14) of the Comprehensive
18 Environmental Response, Compensation, and Liability Act of
19 1980 (P.L. 96-510) and petroleum products including crude oil
20 or any fraction thereof, natural gas, natural gas liquids,
21 liquefied natural gas, or synthetic gas usable for fuel (or
22 mixtures of natural gas and such synthetic gas).
23 "Remedial action" means activities associated with
24 compliance with the provisions of Sections 58.6 and 58.7.
25 "Remediation Applicant" (RA) means any person seeking to
26 perform or performing investigative or remedial activities
27 under this Title, including the owner or operator of the site
28 or persons authorized by law or consent to act on behalf of
29 or in lieu of the owner or operator of the site.
30 "Remediation costs" means reasonable costs paid for
31 investigating and remediating regulated substances of concern
32 consistent with the remedy selected for a site. For purposes
33 of Section 58.14, "remediation costs" shall not include costs
34 incurred prior to January 1, 1998, costs incurred after the
SB1968 Enrolled -29- LRB9213215ACpk
1 issuance of a No Further Remediation Letter under Section
2 58.10 of this Act, or costs incurred more than 12 months
3 prior to acceptance into the Site Remediation Program.
4 "Residential property" means any real property that is
5 used for habitation by individuals and other property uses
6 defined by Board rules such as education, health care, child
7 care and related uses.
8 "Site" means any single location, place, tract of land or
9 parcel of property, or portion thereof, including contiguous
10 property separated by a public right-of-way.
11 "Regulated substance of concern" means any contaminant
12 that is expected to be present at the site based upon past
13 and current land uses and associated releases that are known
14 to the Remediation Applicant based upon reasonable inquiry.
15 (Source: P.A. 89-431, eff. 12-15-95; 89-443, eff. 7-1-96;
16 90-123, eff. 7-21-97.)
17 (415 ILCS 5/58.6)
18 Sec. 58.6. Remedial investigations and reports.
19 (a) Any RA who proceeds under this Title may elect to
20 seek review and approval for any of the remediation
21 objectives provided in Section 58.5 for any or all regulated
22 substances of concern. The RA shall conduct investigations
23 and remedial activities for regulated substances of concern
24 and prepare plans and reports in accordance with this Section
25 and rules adopted hereunder. The RA shall submit the plans
26 and reports for review and approval in accordance with
27 Section 58.7. All investigations, plans, and reports
28 conducted or prepared under this Section shall be under the
29 supervision of a Licensed Professional Engineer (LPE) or, in
30 the case of a site investigation only, a Licensed
31 Professional Geologist in accordance with the requirements of
32 this Title.
33 (b) (1) Site investigation and Site Investigation
SB1968 Enrolled -30- LRB9213215ACpk
1 Report. The RA shall conduct a site investigation to
2 determine the significant physical features of the site
3 and vicinity that may affect contaminant transport and
4 risk to human health, safety, and the environment and to
5 determine the nature, concentration, direction and rate
6 of movement, and extent of the contamination at the site.
7 (2) The RA shall compile the results of the
8 investigations into a Site Investigation Report. At a
9 minimum, the reports shall include the following, as
10 applicable:
11 (A) Executive summary;
12 (B) Site history;
13 (C) Site-specific sampling methods and
14 results;
15 (D) Documentation of field activities,
16 including quality assurance project plan;
17 (E) Interpretation of results; and
18 (F) Conclusions.
19 (c) Remediation Objectives Report.
20 (1) If a RA elects to determine remediation
21 objectives appropriate for the site using the Tier II or
22 Tier III procedures under subsection (d) of Section
23 58.5, the RA shall develop such remediation objectives
24 based on site-specific information. In support of such
25 remediation objectives, the RA shall prepare a
26 Remediation Objectives Report demonstrating how the
27 site-specific objectives were calculated or otherwise
28 determined.
29 (2) If a RA elects to determine remediation
30 objectives appropriate for the site using the area
31 background procedures under subsection (b) of Section
32 58.5, the RA shall develop such remediation objectives
33 based on site-specific literature review, sampling
34 protocol, or appropriate statistical methods in
SB1968 Enrolled -31- LRB9213215ACpk
1 accordance with Board rules. In support of such
2 remediation objectives, the RA shall prepare a
3 Remediation Objectives Report demonstrating how the area
4 background remediation objectives were determined.
5 (d) Remedial Action Plan. If the approved remediation
6 objectives for any regulated substance established under
7 Section 58.5 are less than the levels existing at the site
8 prior to any remedial action, the RA shall prepare a Remedial
9 Action Plan. The Remedial Action Plan shall describe the
10 selected remedy and evaluate its ability and effectiveness to
11 achieve the remediation objectives approved for the site. At
12 a minimum, the reports shall include the following, as
13 applicable:
14 (1) Executive summary;
15 (2) Statement of remediation objectives;
16 (3) Remedial technologies selected;
17 (4) Confirmation sampling plan;
18 (5) Current and projected future use of the
19 property; and
20 (6) Applicable preventive, engineering, and
21 institutional controls including long-term reliability,
22 operating, and maintenance plans, and monitoring
23 procedures.
24 (e) Remedial Action Completion Report.
25 (1) Upon completion of the Remedial Action Plan,
26 the RA shall prepare a Remedial Action Completion Report.
27 The report shall demonstrate whether the remedial action
28 was completed in accordance with the approved Remedial
29 Action Plan and whether the remediation objectives, as
30 well as any other requirements of the plan, have been
31 attained.
32 (2) If the approved remediation objectives for the
33 regulated substances of concern established under Section
34 58.5 are equal to or above the levels existing at the
SB1968 Enrolled -32- LRB9213215ACpk
1 site prior to any remedial action, notification and
2 documentation of such shall constitute the entire
3 Remedial Action Completion Report for purposes of this
4 Title.
5 (f) Ability to proceed. The RA may elect to prepare and
6 submit for review and approval any and all reports or plans
7 required under the provisions of this Section individually,
8 following completion of each such activity; concurrently,
9 following completion of all activities; or in any other
10 combination. In any event, the review and approval process
11 shall proceed in accordance with Section 58.7 and rules
12 adopted thereunder.
13 (g) Nothing in this Section shall prevent an RA from
14 implementing or conducting an interim or any other remedial
15 measure prior to election to proceed under Section 58.6.
16 (h) In accordance with Section 58.11, the Agency shall
17 propose and the Board shall adopt rules to carry out the
18 purposes of this Section.
19 (Source: P.A. 89-431, eff. 12-15-95; 89-443, eff. 7-1-96.)
20 (415 ILCS 5/58.7)
21 Sec. 58.7. Review and approvals.
22 (a) Requirements. All plans and reports that are
23 submitted pursuant to this Title shall be submitted for
24 review or approval in accordance with this Section.
25 (b) Review and evaluation by the Agency.
26 (1) Except for sites excluded under subdivision (a)
27 (2) of Section 58.1, the Agency shall, subject to
28 available resources, agree to provide review and
29 evaluation services for activities carried out pursuant
30 to this Title for which the RA requested the services in
31 writing. As a condition for providing such services, the
32 Agency may require that the RA for a site:
33 (A) Conform with the procedures of this Title;
SB1968 Enrolled -33- LRB9213215ACpk
1 (B) Allow for or otherwise arrange site visits
2 or other site evaluation by the Agency when so
3 requested;
4 (C) Agree to perform the work plan as approved
5 under this Title;
6 (D) Agree to pay any reasonable costs incurred
7 and documented by the Agency in providing such
8 services;
9 (E) Make an advance partial payment to the
10 Agency for such anticipated services in an amount,
11 acceptable to the Agency, but not to exceed $5,000
12 or one-half of the total anticipated costs of the
13 Agency, whichever sum is less; and
14 (F) Demonstrate, if necessary, authority to
15 act on behalf of or in lieu of the owner or
16 operator.
17 (2) Any moneys received by the State for costs
18 incurred by the Agency in performing review or evaluation
19 services for actions conducted pursuant to this Title
20 shall be deposited in the Hazardous Waste Fund.
21 (3) An RA requesting services under subdivision (b)
22 (1) of this Section may, at any time, notify the Agency,
23 in writing, that Agency services previously requested are
24 no longer wanted. Within 180 days after receipt of the
25 notice, the Agency shall provide the RA with a final
26 invoice for services provided until the date of such
27 notifications.
28 (4) The Agency may invoice or otherwise request or
29 demand payment from a RA for costs incurred by the Agency
30 in performing review or evaluation services for actions
31 by the RA at sites only if:
32 (A) The Agency has incurred costs in
33 performing response actions, other than review or
34 evaluation services, due to the failure of the RA to
SB1968 Enrolled -34- LRB9213215ACpk
1 take response action in accordance with a notice
2 issued pursuant to this Act;
3 (B) The RA has agreed in writing to the
4 payment of such costs;
5 (C) The RA has been ordered to pay such costs
6 by the Board or a court of competent jurisdiction
7 pursuant to this Act; or
8 (D) The RA has requested or has consented to
9 Agency review or evaluation services under
10 subdivision (b) (1) of this Section.
11 (5) The Agency may, subject to available resources,
12 agree to provide review and evaluation services for
13 response actions if there is a written agreement among
14 parties to a legal action or if a notice to perform a
15 response action has been issued by the Agency.
16 (c) Review and evaluation by a Licensed Professional
17 Engineer or Licensed Professional Geologist. A RA may elect
18 to contract with a Licensed Professional Engineer or, in the
19 case of a site investigation report only, a Licensed
20 Professional Geologist, who will perform review and
21 evaluation services on behalf of and under the direction of
22 the Agency relative to the site activities.
23 (1) Prior to entering into the contract with the
24 RELPEG Review and Evaluation Licensed Professional
25 Engineer (RELPE), the RA shall notify the Agency of the
26 RELPEG RELPE to be selected. The Agency and the RA shall
27 discuss the potential terms of the contract.
28 (2) At a minimum, the contract with the RELPEG
29 RELPE shall provide that the RELPEG RELPE will submit
30 any reports directly to the Agency, will take his or her
31 directions for work assignments from the Agency, and will
32 perform the assigned work on behalf of the Agency.
33 (3) Reasonable costs incurred by the Agency shall
34 be paid by the RA directly to the Agency in accordance
SB1968 Enrolled -35- LRB9213215ACpk
1 with the terms of the review and evaluation services
2 agreement entered into under subdivision (b) (1) of
3 Section 58.7.
4 (4) In no event shall the RELPEG RELPE acting on
5 behalf of the Agency be an employee of the RA or the
6 owner or operator of the site or be an employee of any
7 other person the RA has contracted to provide services
8 relative to the site.
9 (d) Review and approval. All reviews required under
10 this Title shall be carried out by the Agency or a RELPEG
11 RELPE, both under the direction of a Licensed Professional
12 Engineer or, in the case of the review of a site
13 investigation only, a Licensed Professional Geologist.
14 (1) All review activities conducted by the Agency
15 or a RELPEG RELPE shall be carried out in conformance
16 with this Title and rules promulgated under Section
17 58.11.
18 (2) Subject to the limitations in subsection (c)
19 and this subsection (d), the specific plans, reports, and
20 activities that which the Agency or a RELPEG RELPE may
21 review include:
22 (A) Site Investigation Reports and related
23 activities;
24 (B) Remediation Objectives Reports;
25 (C) Remedial Action Plans and related
26 activities; and
27 (D) Remedial Action Completion Reports and
28 related activities.
29 (3) Only the Agency shall have the authority to
30 approve, disapprove, or approve with conditions a plan
31 or report as a result of the review process including
32 those plans and reports reviewed by a RELPEG RELPE. If
33 the Agency disapproves a plan or report or approves a
34 plan or report with conditions, the written notification
SB1968 Enrolled -36- LRB9213215ACpk
1 required by subdivision (d) (4) of this Section shall
2 contain the following information, as applicable:
3 (A) An explanation of the Sections of this
4 Title that may be violated if the plan or report was
5 approved;
6 (B) An explanation of the provisions of the
7 rules promulgated under this Title that may be
8 violated if the plan or report was approved;
9 (C) An explanation of the specific type of
10 information, if any, that the Agency deems the
11 applicant did not provide the Agency;
12 (D) A statement of specific reasons why the
13 Title and regulations might not be met if the plan
14 or report were approved; and
15 (E) An explanation of the reasons for
16 conditions if conditions are required.
17 (4) Upon approving, disapproving, or approving with
18 conditions a plan or report, the Agency shall notify the
19 RA in writing of its decision. In the case of approval
20 or approval with conditions of a Remedial Action
21 Completion Report, the Agency shall prepare a No Further
22 Remediation Letter that meets the requirements of Section
23 58.10 and send a copy of the letter to the RA.
24 (5) All reviews undertaken by the Agency or a
25 RELPEG RELPE shall be completed and the decisions
26 communicated to the RA within 60 days of the request for
27 review or approval. The RA may waive the deadline upon a
28 request from the Agency. If the Agency disapproves or
29 approves with conditions a plan or report or fails to
30 issue a final decision within the 60 day period and the
31 RA has not agreed to a waiver of the deadline, the RA
32 may, within 35 days, file an appeal to the Board.
33 Appeals to the Board shall be in the manner provided for
34 the review of permit decisions in Section 40 of this Act.
SB1968 Enrolled -37- LRB9213215ACpk
1 (e) Standard of review. In making determinations, the
2 following factors, and additional factors as may be adopted
3 by the Board in accordance with Section 58.11, shall be
4 considered by the Agency when reviewing or approving plans,
5 reports, and related activities, or the RELPEG RELPE, when
6 reviewing plans, reports, and related activities:
7 (1) Site Investigation Reports and related
8 activities: Whether investigations have been conducted
9 and the results compiled in accordance with the
10 appropriate procedures and whether the interpretations
11 and conclusions reached are supported by the information
12 gathered. In making the determination, the following
13 factors shall be considered:
14 (A) The adequacy of the description of the
15 site and site characteristics that were used to
16 evaluate the site;
17 (B) The adequacy of the investigation of
18 potential pathways and risks to receptors identified
19 at the site; and
20 (C) The appropriateness of the sampling and
21 analysis used.
22 (2) Remediation Objectives Reports: Whether the
23 remediation objectives are consistent with the
24 requirements of the applicable method for selecting or
25 determining remediation objectives under Section 58.5.
26 In making the determination, the following factors shall
27 be considered:
28 (A) If the objectives were based on the
29 determination of area background levels under
30 subsection (b) of Section 58.5, whether the review
31 of current and historic conditions at or in the
32 immediate vicinity of the site has been thorough and
33 whether the site sampling and analysis has been
34 performed in a manner resulting in accurate
SB1968 Enrolled -38- LRB9213215ACpk
1 determinations;
2 (B) If the objectives were calculated on the
3 basis of predetermined equations using site specific
4 data, whether the calculations were accurately
5 performed and whether the site specific data reflect
6 actual site conditions; and
7 (C) If the objectives were determined using a
8 site specific risk assessment procedure, whether the
9 procedure used is nationally recognized and
10 accepted, whether the calculations were accurately
11 performed, and whether the site specific data
12 reflect actual site conditions.
13 (3) Remedial Action Plans and related activities:
14 Whether the plan will result in compliance with this
15 Title, and rules adopted under it and attainment of the
16 applicable remediation objectives. In making the
17 determination, the following factors shall be considered:
18 (A) The likelihood that the plan will result
19 in the attainment of the applicable remediation
20 objectives;
21 (B) Whether the activities proposed are
22 consistent with generally accepted engineering
23 practices; and
24 (C) The management of risk relative to any
25 remaining contamination, including but not limited
26 to, provisions for the long-term enforcement,
27 operation, and maintenance of institutional and
28 engineering controls, if relied on.
29 (4) Remedial Action Completion Reports and related
30 activities: Whether the remedial activities have been
31 completed in accordance with the approved Remedial Action
32 Plan and whether the applicable remediation objectives
33 have been attained.
34 (f) All plans and reports submitted for review shall
SB1968 Enrolled -39- LRB9213215ACpk
1 include a Licensed Professional Engineer's certification that
2 all investigations and remedial activities were carried out
3 under his or her direction and, to the best of his or her
4 knowledge and belief, the work described in the plan or
5 report has been completed in accordance with generally
6 accepted engineering practices, and the information presented
7 is accurate and complete. In the case of a site investigation
8 report prepared or supervised by a Licensed Professional
9 Geologist, the required certification may be made by the
10 Licensed Professional Geologist (rather than a Licensed
11 Professional Engineer) and based upon generally accepted
12 principles of professional geology.
13 (g) In accordance with Section 58.11, the Agency shall
14 propose and the Board shall adopt rules to carry out the
15 purposes of this Section. At a minimum, the rules shall
16 detail the types of services the Agency may provide in
17 response to requests under subdivision (b) (1) of this
18 Section and the recordkeeping it will utilize in documenting
19 to the RA the costs incurred by the Agency in providing such
20 services. Until the Board adopts the rules, the Agency may
21 continue to offer services of the type offered under
22 subsections (m) and (n) of Section 22.2 of this Act prior to
23 their repeal.
24 (h) Public participation.
25 (1) The Agency shall develop guidance to assist
26 RA's in the implementation of a community relations plan
27 to address activity at sites undergoing remedial action
28 pursuant to this Title.
29 (2) The RA may elect to enter into a services
30 agreement with the Agency for Agency assistance in
31 community outreach efforts.
32 (3) The Agency shall maintain a registry listing
33 those sites undergoing remedial action pursuant to this
34 Title.
SB1968 Enrolled -40- LRB9213215ACpk
1 (4) Notwithstanding any provisions of this Section,
2 the RA of a site undergoing remedial activity pursuant to
3 this Title may elect to initiate a community outreach
4 effort for the site.
5 (Source: P.A. 89-431, eff. 12-15-95; 89-443, eff. 7-1-96;
6 89-626, eff. 8-9-96.)
7 (415 ILCS 5/58.11)
8 Sec. 58.11. Regulations and Site Remediation Advisory
9 Committee.
10 (a) There is hereby established a 10-member Site
11 Remediation Advisory Committee, which shall be appointed by
12 the Governor. The Committee shall include one member
13 recommended by the Illinois State Chamber of Commerce, one
14 member recommended by the Illinois Manufacturers'
15 Association, one member recommended by the Chemical Industry
16 Council of Illinois, one member recommended by the Consulting
17 Engineers Council of Illinois, one member recommended by the
18 Illinois Bankers Association, one member recommended by the
19 Community Bankers Association of Illinois, one member
20 recommended by the National Solid Waste Management
21 Association, and 3 other members as determined by the
22 Governor. Members of the Advisory Committee may organize
23 themselves as they deem necessary and shall serve without
24 compensation.
25 (b) The Committee shall:
26 (1) Review, evaluate, and make recommendations
27 regarding State laws, rules, and procedures that relate
28 to site remediations.
29 (2) Review, evaluate, and make recommendations
30 regarding the review and approval activities of the
31 Agency and Review and Evaluation Licensed Professional
32 Engineers and Geologists.
33 (3) Make recommendations relating to the State's
SB1968 Enrolled -41- LRB9213215ACpk
1 efforts to implement this Title.
2 (4) Review, evaluate, and make recommendations
3 regarding the procedures for determining proportionate
4 degree of responsibility for a release of regulated
5 substances.
6 (5) Review, evaluate, and make recommendations
7 regarding the reports prepared by the Agency in
8 accordance with subsection (e) of this Section.
9 (c) Within 9 months after the effective date of this
10 amendatory Act of 1995, the Agency, after consideration of
11 the recommendations of the Committee, shall propose rules
12 prescribing procedures and standards for its administration
13 of this Title. Within 9 months after receipt of the Agency's
14 proposed rules, the Board shall adopt, pursuant to Sections
15 27 and 28 of this Act, rules that are consistent with this
16 Title, including classifications of land use and provisions
17 for the voidance of No Further Remediation Letters.
18 (d) Until such time as the rules required under this
19 Section take effect, the Agency shall administer its
20 activities under this Title in accordance with Agency
21 procedures and applicable provisions of this Act.
22 (e) By July 1, 1997 and as deemed appropriate
23 thereafter, the Agency shall prepare reports to the Governor
24 and the General Assembly concerning the status of all sites
25 for which the Agency has expended money from the Hazardous
26 Waste Fund. The reports shall include specific information
27 on the financial, technical, and cost recovery status of each
28 site.
29 (Source: P.A. 89-431, eff. 12-15-95; 89-443, eff. 7-1-96;
30 89-626, eff. 8-9-96.)
31 Section 99. Effective date. This Act takes effect upon
32 becoming law.
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