093_HB3554

 
                                     LRB093 02577 EFG 07239 b

 1        AN ACT concerning environmental protection.

 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 4 and 21.4 and by adding Sections  21.3a
 6    and 21.7 as follows:

 7        (415 ILCS 5/4) (from Ch. 111 1/2, par. 1004)
 8        Sec.  4.  Environmental Protection Agency; establishment;
 9    duties.
10        (a)  There is established in the Executive Branch of  the
11    State  Government  an agency to be known as the Environmental
12    Protection  Agency.   This  Agency   shall   be   under   the
13    supervision   and  direction  of  a  Director  who  shall  be
14    appointed by the Governor with the advice and consent of  the
15    Senate.   The  term of office of the Director shall expire on
16    the third Monday of January in odd numbered  years,  provided
17    that  he  or  she  shall  hold  office  until  a successor is
18    appointed and has qualified.  The Director shall  receive  an
19    annual  salary as set by the Governor from time to time or as
20    set by the Compensation Review Board, whichever  is  greater.
21    If  set by the Governor, the Director's annual salary may not
22    exceed 85% of the Governor's annual salary.  The Director, in
23    accord with the Personnel Code, shall employ and direct  such
24    personnel,  and  shall  provide for such laboratory and other
25    facilities, as may be necessary to carry out the purposes  of
26    this  Act.  In addition, the Director may by agreement secure
27    such services as he or she may deem necessary from any  other
28    department,  agency, or unit of the State Government, and may
29    employ  and  compensate  such   consultants   and   technical
30    assistants as may be required.
31        (b)  The  Agency  shall  have  the  duty  to  collect and
 
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 1    disseminate such information, acquire  such  technical  data,
 2    and  conduct such experiments as may be required to carry out
 3    the purposes of this  Act,  including  ascertainment  of  the
 4    quantity and nature of discharges from any contaminant source
 5    and data on those sources, and to operate and arrange for the
 6    operation  of  devices  for  the  monitoring of environmental
 7    quality.
 8        (c)  The Agency shall have authority to conduct a program
 9    of  continuing  surveillance  and  of  regular  or   periodic
10    inspection  of  actual  or  potential  contaminant  or  noise
11    sources,  of  public  water  supplies, and of refuse disposal
12    sites.
13        (d)  In accordance with constitutional  limitations,  the
14    Agency  shall have authority to enter at all reasonable times
15    upon any private or public property for the purpose of:
16             (1)  Inspecting  and  investigating   to   ascertain
17        possible   violations   of  the  Act  or  of  regulations
18        thereunder, or of permits or terms or conditions thereof;
19        or
20             (2)  In accordance with the provisions of this  Act,
21        taking   whatever   preventive   or   corrective  action,
22        including but not limited to removal or remedial  action,
23        that  is  necessary  or  appropriate  whenever there is a
24        release or a substantial threat of a  release  of  (A)  a
25        hazardous  substance  or pesticide, or (B) petroleum from
26        an underground storage tank, (C) any contaminant, or  (D)
27        any waste.
28        (e)  The  Agency  shall  have  the  duty  to  investigate
29    violations  of this Act or of regulations adopted thereunder,
30    or of permits  or  terms  or  conditions  thereof,  to  issue
31    administrative  citations as provided in Section 31.1 of this
32    Act, and to  take  such  summary  enforcement  action  as  is
33    provided for by Section 34 of this Act.
34        (f)  The  Agency  shall  appear  before  the Board in any
 
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 1    hearing upon a petition for variance, the denial of a permit,
 2    or the validity or effect of a  rule  or  regulation  of  the
 3    Board,  and  shall  have  the  authority to appear before the
 4    Board in any hearing under the Act.
 5        (g)  The Agency shall have the  duty  to  administer,  in
 6    accord   with   Title   X   of  this  Act,  such  permit  and
 7    certification systems as may be established by this Act or by
 8    regulations adopted thereunder.  The Agency  may  enter  into
 9    written delegation agreements with any department, agency, or
10    unit of State or local government under which all or portions
11    of this duty may be delegated for public water supply storage
12    and   transport  systems,  sewage  collection  and  transport
13    systems, air  pollution  control  sources  with  uncontrolled
14    emissions  of  100  tons  per year or less and application of
15    algicides to waters of the State.  Such delegation agreements
16    will require that the work to be performed thereunder will be
17    in accordance with Agency criteria, subject to Agency review,
18    and shall include such financial and program auditing by  the
19    Agency as may be required.
20        (h)  The  Agency  shall  have  authority  to  require the
21    submission of complete  plans  and  specifications  from  any
22    applicant for a permit required by this Act or by regulations
23    thereunder,  and  to  require  the submission of such reports
24    regarding actual or potential violations of  the  Act  or  of
25    regulations  thereunder, or of permits or terms or conditions
26    thereof, as may be necessary for purposes of this Act.
27        (i)  The   Agency   shall   have   authority   to    make
28    recommendations  to the Board for the adoption of regulations
29    under Title VII of the Act.
30        (j)  The Agency shall have  the  duty  to  represent  the
31    State of Illinois in any and all matters pertaining to plans,
32    procedures,  or negotiations for interstate compacts or other
33    governmental   arrangements   relating    to    environmental
34    protection.
 
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 1        (k)  The  Agency  shall  have  the  authority  to accept,
 2    receive, and administer on behalf of the  State  any  grants,
 3    gifts,  loans,  indirect  cost reimbursements, or other funds
 4    made available to the State from any source for  purposes  of
 5    this  Act or for air or water pollution control, public water
 6    supply, solid  waste  disposal,  noise  abatement,  or  other
 7    environmental  protection  activities,  surveys, or programs.
 8    Any federal funds received by the  Agency  pursuant  to  this
 9    subsection  shall be deposited in a trust fund with the State
10    Treasurer and held and disbursed by him  in  accordance  with
11    Treasurer  as  Custodian  of  Funds  Act,  provided that such
12    monies shall be used only for the purposes for which they are
13    contributed and any balance remaining shall  be  returned  to
14    the contributor.
15        The  Agency  is authorized to promulgate such regulations
16    and enter into such contracts as it may  deem  necessary  for
17    carrying out the provisions of this subsection.
18        (l)  The  Agency  is hereby designated as water pollution
19    agency for the state for all purposes of  the  Federal  Water
20    Pollution Control Act, as amended; as implementing agency for
21    the  State  for  all purposes of the Safe Drinking Water Act,
22    Public Law  93-523,  as  now  or  hereafter  amended,  except
23    Section  1425  of  that  Act; as air pollution agency for the
24    state for all purposes of the Clean Air Act of  1970,  Public
25    Law  91-604,  approved  December 31, 1970, as amended; and as
26    solid waste agency for the state  for  all  purposes  of  the
27    Solid Waste Disposal Act, Public Law 89-272, approved October
28    20,  1965,  and amended by the Resource Recovery Act of 1970,
29    Public Law 91-512, approved October 26, 1970, as amended, and
30    amended by the Resource  Conservation  and  Recovery  Act  of
31    1976, (P.L. 94-580) approved October 21, 1976, as amended; as
32    noise  control  agency  for the state for all purposes of the
33    Noise Control  Act  of  1972,  Public  Law  92-574,  approved
34    October  27, 1972, as amended; and as implementing agency for
 
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 1    the State for all purposes of the Comprehensive Environmental
 2    Response, Compensation,  and  Liability  Act  of  1980  (P.L.
 3    96-510),  as  amended;  and  otherwise  as  pollution control
 4    agency for the State pursuant to federal laws integrated with
 5    the foregoing laws, for financing purposes or otherwise.  The
 6    Agency is hereby authorized to take all action  necessary  or
 7    appropriate  to  secure  to  the  State  the benefits of such
 8    federal Acts, provided that the Agency shall transmit to  the
 9    United  States  without  change  any standards adopted by the
10    Pollution Control Board pursuant to Section 5(c) of this Act.
11    This subsection (l) of Section 4 shall not  be  construed  to
12    bar  or  prohibit  the  Environmental  Protection  Trust Fund
13    Commission from accepting, receiving, and   administering  on
14    behalf  of  the State any grants, gifts, loans or other funds
15    for  which  the  Commission  is  eligible  pursuant  to   the
16    Environmental  Protection  Trust  Fund  Act.   The  Agency is
17    hereby designated as the State agency  for  all  purposes  of
18    administering  the requirements of Section 313 of the federal
19    Emergency Planning and Community Right-to-Know Act of 1986.
20        Any municipality, sanitary district, or  other  political
21    subdivision, or any Agency of the State or interstate Agency,
22    which  makes  application  for  loans  or  grants  under such
23    federal Acts shall notify the Agency of such application; the
24    Agency may participate  in  proceedings  under  such  federal
25    Acts.
26        (m)  The  Agency  shall  have  authority, consistent with
27    Section 5(c) and  other  provisions  of  this  Act,  and  for
28    purposes  of  Section  303(e)  of the Federal Water Pollution
29    Control Act, as  now  or  hereafter  amended,  to  engage  in
30    planning  processes  and  activities  and to develop plans in
31    cooperation with units of local  government,  state  agencies
32    and  officers,  and  other  appropriate persons in connection
33    with the jurisdiction or duties of each  such  unit,  agency,
34    officer  or  person.    Public  hearings shall be held on the
 
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 1    planning process, at which any person shall be  permitted  to
 2    appear  and  be  heard,  pursuant  to  procedural regulations
 3    promulgated by the Agency.
 4        (n)  In accordance with the  powers  conferred  upon  the
 5    Agency  by  Sections  10(g),  13(b), 19, 22(d) and 25 of this
 6    Act, the Agency shall have authority to establish and enforce
 7    minimum standards for the operation of laboratories  relating
 8    to  analyses  and  laboratory  tests for air pollution, water
 9    pollution, noise emissions, contaminant discharges onto  land
10    and   sanitary,   chemical,  and  mineral  quality  of  water
11    distributed by a public water supply.  The Agency  may  enter
12    into  formal  working  agreements  with  other departments or
13    agencies of state government under which all or  portions  of
14    this authority may be delegated to the cooperating department
15    or agency.
16        (o)  The   Agency  shall  have  the  authority  to  issue
17    certificates  of  competency  to  persons  and   laboratories
18    meeting  the  minimum  standards established by the Agency in
19    accordance with Section 4(n) of this Act  and  to  promulgate
20    and  enforce  regulations relevant to the issuance and use of
21    such certificates.  The Agency may enter into formal  working
22    agreements  with  other  departments  or  agencies  of  state
23    government  under which all or portions of this authority may
24    be delegated to the cooperating department or agency.
25        (p)  Except as provided in Section 17.7, the Agency shall
26    have the duty to analyze samples as required from each public
27    water supply to determine  compliance  with  the  contaminant
28    levels specified by the Pollution Control Board.  The maximum
29    number  of  samples  which  the  Agency  shall be required to
30    analyze for microbiological quality shall be 6 per month, but
31    the Agency may, at its option, analyze a larger  number  each
32    month  for  any  supply.   Results  of  sample  analyses  for
33    additional   required   bacteriological  testing,  turbidity,
34    residual chlorine and radionuclides are to be provided to the
 
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 1    Agency in  accordance  with  Section  19.   Owners  of  water
 2    supplies may enter into agreements with the Agency to provide
 3    for reduced Agency participation in sample analyses.
 4        (q)  The  Agency  shall  have  the  authority  to provide
 5    notice to any person who may be liable  pursuant  to  Section
 6    22.2(f)  or  58.9  of this Act for a release or a substantial
 7    threat of a release of a hazardous  substance  or  pesticide.
 8    The  Agency shall have the authority to provide notice to any
 9    person who may be liable pursuant to this Act for  a  release
10    or  a  substantial  threat  of  release of any contaminant or
11    waste.  Such notice shall  include  the  identified  response
12    action  and  an  opportunity  for  such person to perform the
13    response action.
14        (r)  The  Agency  may  enter  into   written   delegation
15    agreements  with  any unit of local government under which it
16    may delegate all or portions of its inspecting, investigating
17    and enforcement functions.  Such delegation agreements  shall
18    require  that work performed thereunder be in accordance with
19    Agency   criteria   and    subject    to    Agency    review.
20    Notwithstanding  any  other provision of law to the contrary,
21    no unit of local government shall be liable  for  any  injury
22    resulting from the exercise of its authority pursuant to such
23    a  delegation  agreement  unless  the  injury  is proximately
24    caused by the willful and wanton negligence of  an  agent  or
25    employee  of  the unit of local government, and any policy of
26    insurance coverage issued to a unit of local  government  may
27    provide  for  the  denial  of liability and the nonpayment of
28    claims based upon  injuries  for  which  the  unit  of  local
29    government is not liable pursuant to this subsection (r).
30        (s)  The  Agency  shall  have  authority to take whatever
31    preventive or corrective action is necessary or  appropriate,
32    including   but   not   limited   to  expenditure  of  monies
33    appropriated from the Build Illinois Bond Fund, and the Build
34    Illinois Purposes Fund, and the  General  Revenue  Fund   for
 
                            -8-      LRB093 02577 EFG 07239 b
 1    removal or remedial action, whenever any hazardous substance,
 2    or  pesticide,  petroleum  from  an underground storage tank,
 3    contaminant, or waste is released or there is  a  substantial
 4    threat    of   such   a   release   into   the   environment.
 5    Notwithstanding any  other  provision  of  this  Act,  unless
 6    required  by  federal law the Agency shall not be required to
 7    obtain a permit for  any  preventive  or  corrective  action,
 8    including  but  not  limited  to  removal  or remedial action
 9    conducted entirely on site, where the action is selected  and
10    performed  in  accordance  with  this  Act.    The State, the
11    Director, and any State employee shall be indemnified for any
12    damages or injury arising out of or resulting from any action
13    taken under this subsection.  The Director of the  Agency  is
14    authorized to enter into such contracts and agreements as are
15    necessary  to  carry  out  the  Agency's  duties  under  this
16    subsection.
17        (t)  The   Agency  shall  have  authority  to  distribute
18    grants, subject to appropriation by the General Assembly, for
19    financing   and   construction   of   municipal    wastewater
20    facilities.  With respect to all monies appropriated from the
21    Build Illinois Bond Fund and the Build Illinois Purposes Fund
22    for   wastewater  facility  grants,  the  Agency  shall  make
23    distributions in conformity with the  rules  and  regulations
24    established  pursuant  to the Anti-Pollution Bond Act, as now
25    or hereafter amended.
26        (u)  Pursuant to the  Illinois  Administrative  Procedure
27    Act,  the Agency shall have the authority to adopt such rules
28    as are necessary or appropriate for the Agency  to  implement
29    Section 31.1 of this Act.
30        (v)  (Blank.)
31        (w)  Neither  the State, nor the Director, nor the Board,
32    nor any State employee shall be liable  for  any  damages  or
33    injury  arising  out  of  or  resulting from any action taken
34    under subsection (s).
 
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 1        (x)(1)  The Agency shall  have  authority  to  distribute
 2        grants, subject to appropriation by the General Assembly,
 3        to   units   of   local   government  for  financing  and
 4        construction of public  water  supply  facilities.   With
 5        respect   to  all  monies  appropriated  from  the  Build
 6        Illinois Bond Fund or the Build  Illinois  Purposes  Fund
 7        for public water supply grants, such grants shall be made
 8        in accordance with rules promulgated by the Agency.  Such
 9        rules  shall  include  a requirement for a local match of
10        30% of the total project cost for projects funded through
11        such grants.
12             (2)  The Agency shall not terminate  a  grant  to  a
13        unit   of   local   government   for  the  financing  and
14        construction of public water supply facilities unless and
15        until the Agency adopts rules that set forth precise  and
16        complete  standards,  pursuant  to  Section  5-20  of the
17        Illinois   Administrative   Procedure   Act,   for    the
18        termination  of  such  grants.  The Agency shall not make
19        determinations on whether specific grant  conditions  are
20        necessary  to  ensure  the  integrity  of a project or on
21        whether subagreements shall be awarded, with  respect  to
22        grants for the financing and construction of public water
23        supply  facilities,  unless  and  until the Agency adopts
24        rules that set  forth  precise  and  complete  standards,
25        pursuant  to  Section 5-20 of the Illinois Administrative
26        Procedure  Act,  for  making  such  determinations.   The
27        Agency shall not issue a stop-work order in  relation  to
28        such  grants  unless  and until the Agency adopts precise
29        and complete standards, pursuant to Section 5-20  of  the
30        Illinois  Administrative  Procedure  Act, for determining
31        whether to issue a stop-work order.
32        (y)  The Agency  shall  have  authority  to  release  any
33    person   from   further   responsibility  for  preventive  or
34    corrective  action  under  this  Act   following   successful
 
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 1    completion  of  preventive or corrective action undertaken by
 2    such person upon written request by the person.
 3    (Source: P.A. 91-25, eff. 6-9-99; 92-574, eff. 6-26-02.)

 4        (415 ILCS 5/21.3a new)
 5        Section 21.3a.  Preventive or corrective action liens.
 6        (a)  Established.  A lien recorded by the  Agency  on  or
 7    after  the  effective date of this amendatory Act of the 93rd
 8    General Assembly shall  be  filed  in  accordance  with  this
 9    Section.   For  liens recorded on or after the effective date
10    of this amendatory Act of  the  93rd  General  Assembly,  any
11    costs  incurred by the Agency pursuant to Section 21.7, 22.2,
12    55.3, or 58.9 of this Act shall constitute a debt  and  shall
13    be  a  lien  in  favor  of  the  State upon the affected real
14    property.
15        Interest on the debt shall accrue at a rate  of  12%  per
16    annum  from the date the Agency files the notice of intent to
17    file a lien under subsection (e) of this Section.
18        (b)  Definitions.  For  purposes  of  this  Section,  the
19    following   terms   and   phrases  shall  have  the  meanings
20    indicated, unless the context requires otherwise:
21             "Farming" means  the  tillage  of  the  soil,  dairy
22        farming, ranching, or the production or raising of crops,
23        poultry, or livestock.
24             "Preventive  or  corrective action" includes, but is
25        not limited to, removal or remedial action.
26             "Affected real property" means the parcel or parcels
27        of real property upon which the Agency has undertaken the
28        preventive  or  corrective  action,  and  any  contiguous
29        parcel that was subdivided therefrom within the  3  years
30        before the date of the filing of the lien.
31             "Residential real property" means real property used
32        or  under  construction as single or multi-family housing
33        at the time the lien is recorded.
 
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 1        (c)  Priority.  A preventive or  corrective  action  lien
 2    filed in accordance with the provisions of this Section shall
 3    have   priority   over   all   liens,  mortgages,  and  other
 4    encumbrances  filed  after  the  effective   date   of   this
 5    amendatory Act of the 93rd General Assembly, except:
 6             (1)  mortgages,  liens,  or  other  encumbrances  on
 7        residential   real   property   and  real  property  used
 8        primarily for farming; and
 9             (2)  liens for general taxes,  special  assessments,
10        and  special  taxes  levied by a school district, unit of
11        local government, or political subdivision of this State.
12        (d)  Subdivision limitation.  Residential  real  property
13    that  was  subdivided  from  the  affected  real property and
14    transferred before the date of the filing of  the  notice  of
15    intent  as described in subsection (f) of this Section is not
16    subject to a preventive or corrective action lien.
17        (e)  Opportunity  to  perform  work.   No  preventive  or
18    corrective action lien shall have priority over a  previously
19    filed lien, mortgage, and other encumbrance unless the Agency
20    has  sent notice pursuant to subsection (q) or (v) of Section
21    4, subsection (d) of Section 55.3d, or Section 58.9  of  this
22    Act  to  the  holder of the lien, mortgage, or encumbrance of
23    record giving the opportunity to perform  the  preventive  or
24    corrective action.
25        (f)  Notice  of intent to file.  The Agency shall provide
26    a notice of its intent to file  a  preventive  or  corrective
27    action lien to the following persons:
28             (1)  every  person  having  a recorded or registered
29        interest in the real property whose name and  address  is
30        known to the Agency;
31             (2)  every   person   having   an   unrecorded   and
32        unregistered  property  interest  in  the  property whose
33        interest, name, and address is known to the Agency; and
34             (3)  all  persons  having  an  unrecorded   property
 
                            -12-     LRB093 02577 EFG 07239 b
 1        interest in the property whose interest, name, or address
 2        is  unknown to the Agency, by publication as specified in
 3        subsection (h).
 4        (g)  Contents of notice.  The notice of  intent  to  file
 5    shall, at a minimum, include the following information:
 6             (1)  a statement of the Agency's statutory authority
 7        to file the preventive or corrective action lien;
 8             (2)  a  brief description of the real property to be
 9        affected by the preventive  or  corrective  action  lien,
10        including a property identification number if available;
11             (3)  a statement of the facts demonstrating that the
12        real property is the subject of the costs incurred by the
13        Agency for preventive or corrective action;
14             (4)  a  statement  of  the  costs  incurred  by  the
15        Agency;
16             (5)  a  statement of how and when the debt owed must
17        be  paid  to  avoid  the  filing  of  the  preventive  or
18        corrective action lien; and
19             (6)  a  statement  that   a   lien,   mortgage,   or
20        encumbrance  holder  whose  existing interest will become
21        junior when the Agency files its preventive or corrective
22        action lien may request a hearing before the Board  under
23        subsection  (i) to challenge the priority of the Agency's
24        lien or the amount of the lien.   The request for hearing
25        must be received by the Board within  30  days  following
26        the date of service under subsection (h).
27        (h)  Service  of  notice  of  intent  to file.  Notice of
28    intent to file shall be given to  a  person  whose  interest,
29    name,  and  address  are  known  to  the Agency by one of the
30    following methods:
31             (1)  service in hand personally to the person or  to
32        any  officer, employee, or agent of the person authorized
33        by appointment of the person or by law to accept service;
34        or
 
                            -13-     LRB093 02577 EFG 07239 b
 1             (2)  by certified mail,  return  receipt  requested,
 2        addressed  to  the  person's last known address or to the
 3        last known address of any officer, employee, or agent  of
 4        the  person authorized by appointment of the person or by
 5        law to accept service.
 6        Notice of intent to file shall be given to persons having
 7    an  unrecorded  ownership  interest  in  the  property  whose
 8    interest, name, or address  is  unknown  to  the  Agency,  by
 9    publication   of   the  notice  in  a  newspaper  of  general
10    circulation serving the community where the real property  is
11    located.
12        (i)  Hearing.   A  hearing  requested  under this Section
13    shall be limited to a summary determination  of  whether  the
14    requirements  of this Section have been fulfilled.  The Board
15    shall enter an order allowing the Agency  to  file  the  lien
16    unless the person requesting review can demonstrate that:
17             (1)  some  or  all  of the identified costs were not
18        incurred by the Agency pursuant to  Section  21.7,  22.2,
19        55.3, or 58.9 of this Act;
20             (2)  some or all of the identified costs incurred do
21        not relate to the subject real property; or
22             (3)  a  notice  pursuant to subsection (q) or (v) of
23        Section 4, subsection (d) of Section  55.3d,  or  Section
24        58.9  of  this  Act was not sent to the person requesting
25        review,  whose  existing   lien,   mortgage,   or   other
26        encumbrance  will become junior when the Agency files its
27        lien.
28        If the Board finds that certain costs were  not  incurred
29    by  the Agency pursuant to Section 22.17, 22.2, 55.3, or 58.9
30    of the Act, or that the costs incurred do not relate  to  the
31    subject  property, the Board shall issue a finding indicating
32    the costs that may be filed as  a  preventive  or  corrective
33    action  lien  by  the  Agency.   If  the Board finds that the
34    person requesting review was  not  given  an  opportunity  to
 
                            -14-     LRB093 02577 EFG 07239 b
 1    perform  work  under  subsection  (e),  pursuant to authority
 2    within subsection (q) or (v) of Section 4, subsection (d)  of
 3    Section  55.3d,  or  Section  58.9,  the Board shall issue an
 4    order allowing the Agency to file a preventive or  corrective
 5    action  lien, but declaring that the existing lien, mortgage,
 6    or other encumbrance of the person requesting review will not
 7    be junior to the Agency's  preventive  or  corrective  action
 8    lien.
 9        (j)  Recording.   A  lien issued pursuant to this Section
10    shall be effective when it is  filed  with  the  recorder  or
11    registrar  of titles of the county in which the real property
12    lies.  The lien shall, at a minimum, include:
13             (1)  a description of the real property;
14             (2)  the amount of the lien  and  a  statement  that
15        future  costs  may  be  incurred by the Agency that would
16        increase the amount of the lien;
17             (3)  a statement of whether the Board  has  declared
18        that   an  existing  lien  will  not  be  junior  to  the
19        preventive or corrective action lien; and
20             (4)  the name of the owner as grantor.
21        The Agency shall also file an affidavit  of  expenditures
22    attached  to  the  preventive or corrective action lien.  The
23    affidavit of expenditures may be amended if additional  costs
24    are incurred.
25        In  addition,  a  copy  of  the  preventive or corrective
26    action lien shall be sent by certified mail to the owners and
27    lienholders of record.
28        (k)  Discharge of preventive or corrective  action  lien.
29    When  the  amount  of  the  recorded  lien has been paid, the
30    Agency, upon  request  by  a  person  of  record  holding  an
31    interest  in  the  real  property  that is the subject of the
32    lien, shall issue a certificate discharging  the  lien.   The
33    certification  shall be filed by the Agency with the recorder
34    or registrar of titles  of  the  county  in  which  the  real
 
                            -15-     LRB093 02577 EFG 07239 b
 1    property lies.
 2        (l)  Foreclosure.   In  addition to any other remedy, the
 3    Agency may bring an action in the circuit court to  foreclose
 4    on  the  real  property  for any costs imposed under Sections
 5    21.7, 22.2, 55.3, or 58.9 to the same extent and in the  same
 6    manner  as  in  the enforcement of other liens, mortgages, or
 7    encumbrances.  The  process,  practice,  and  procedures  for
 8    foreclosure shall be the same as those provided in Article XV
 9    of the Code of Civil Procedure.
10        (m)  Reservation  of  rights.   Nothing  in  this Section
11    shall affect the right  of  the  State  to  bring  an  action
12    against any person, including but not limited to an action to
13    recover  all costs and damages for which the person is liable
14    under Section 21.7, 22.2, 55.3, or 58.9 of this Act.
15        (n)  Full force and effect.  All liens recorded  pursuant
16    to  Section 21.3 before the effective date of this amendatory
17    Act of the 93rd General Assembly shall remain in  full  force
18    and effect until discharged, in accordance with that Section.

19        (415 ILCS 5/21.4) (from Ch. 111 1/2, par. 1021.4)
20        Sec. 21.4. Interests in real property.
21        (a)  The  Agency  is hereby authorized to acquire the fee
22    or any lesser interest, including easements, in real property
23    where necessary or appropriate:
24             (1)  to protect human health or the environment; or
25             (2)  to respond to the release or substantial threat
26        of a release of any hazardous  substance,  or  petroleum,
27        pesticide, contaminant, or waste into the environment; or
28             (3)  as part of a proceeding to foreclose or enforce
29        liens or interests under Section 21.3 or 21.3a.
30        (b)  The Agency is authorized to retain for public use or
31    to  convey,  deed,  assign  or  otherwise transfer all or any
32    portion of the interest in real property acquired pursuant to
33    subsection (a) and may place restrictions upon the use of the
 
                            -16-     LRB093 02577 EFG 07239 b
 1    property after transfer as are necessary or appropriate:
 2             (1)  to protect present or future  human  health  or
 3        the environment; or
 4             (2)  to respond to the release or substantial threat
 5        of  a  release  of any hazardous substance, or petroleum,
 6        pesticide, contaminant, or waste into the environment.
 7        (c)  Any  monies  received  by  the  State  of   Illinois
 8    pursuant  to paragraph (b) of this Section shall be deposited
 9    in the Hazardous Waste Fund.
10    (Source: P.A. 86-820.)

11        (415 ILCS 5/21.7 new)
12        Section 21.7.   Liability  for  costs  of  preventive  or
13    corrective  action.  A person liable pursuant to this Act for
14    the  release  or  substantial  threat  of  release   of   any
15    contaminant  or  waste  shall  be liable for the costs of any
16    preventive or corrective action incurred by the Agency or any
17    unit of local government.

18        Section 99.  Effective date.  This Act takes effect  upon
19    becoming law.