Illinois General Assembly

Previous General Assemblies

Full Text of SB3320  96th General Assembly

SB3320enr 96TH GENERAL ASSEMBLY



 


 
SB3320 Enrolled LRB096 19895 JDS 35355 b

1     AN ACT concerning 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 by
5 changing Sections 57.7, 57.9, 57.11, and 57.13 and by adding
6 Sections 57.18 and 57.19 as follows:
 
7     (415 ILCS 5/57.7)
8     Sec. 57.7. Leaking underground storage tanks; site
9 investigation and corrective action.
10     (a) Site investigation.
11         (1) For any site investigation activities required by
12     statute or rule, the owner or operator shall submit to the
13     Agency for approval a site investigation plan designed to
14     determine the nature, concentration, direction of
15     movement, rate of movement, and extent of the contamination
16     as well as the significant physical features of the site
17     and surrounding area that may affect contaminant transport
18     and risk to human health and safety and the environment.
19         (2) Any owner or operator intending to seek payment
20     from the Fund shall submit to the Agency for approval a
21     site investigation budget that includes, but is not limited
22     to, an accounting of all costs associated with the
23     implementation and completion of the site investigation

 

 

SB3320 Enrolled - 2 - LRB096 19895 JDS 35355 b

1     plan.
2         (3) Remediation objectives for the applicable
3     indicator contaminants shall be determined using the
4     tiered approach to corrective action objectives rules
5     adopted by the Board pursuant to this Title and Title XVII
6     of this Act. For the purposes of this Title, "Contaminant
7     of Concern" or "Regulated Substance of Concern" in the
8     rules means the applicable indicator contaminants set
9     forth in subsection (d) of this Section and the rules
10     adopted thereunder.
11         (4) Upon the Agency's approval of a site investigation
12     plan, or as otherwise directed by the Agency, the owner or
13     operator shall conduct a site investigation in accordance
14     with the plan.
15         (5) Within 30 days after completing the site
16     investigation, the owner or operator shall submit to the
17     Agency for approval a site investigation completion
18     report. At a minimum the report shall include all of the
19     following:
20             (A) Executive summary.
21             (B) Site history.
22             (C) Site-specific sampling methods and results.
23             (D) Documentation of all field activities,
24         including quality assurance.
25             (E) Documentation regarding the development of
26         proposed remediation objectives.

 

 

SB3320 Enrolled - 3 - LRB096 19895 JDS 35355 b

1             (F) Interpretation of results.
2             (G) Conclusions.
3     (b) Corrective action.
4         (1) If the site investigation confirms none of the
5     applicable indicator contaminants exceed the proposed
6     remediation objectives, within 30 days after completing
7     the site investigation the owner or operator shall submit
8     to the Agency for approval a corrective action completion
9     report in accordance with this Section.
10         (2) If any of the applicable indicator contaminants
11     exceed the remediation objectives approved for the site,
12     within 30 days after the Agency approves the site
13     investigation completion report the owner or operator
14     shall submit to the Agency for approval a corrective action
15     plan designed to mitigate any threat to human health, human
16     safety, or the environment resulting from the underground
17     storage tank release. The plan shall describe the selected
18     remedy and evaluate its ability and effectiveness to
19     achieve the remediation objectives approved for the site.
20     At a minimum, the report shall include all of the
21     following:
22             (A) Executive summary.
23             (B) Statement of remediation objectives.
24             (C) Remedial technologies selected.
25             (D) Confirmation sampling plan.
26             (E) Current and projected future use of the

 

 

SB3320 Enrolled - 4 - LRB096 19895 JDS 35355 b

1         property.
2             (F) Applicable preventive, engineering, and
3         institutional controls including long-term
4         reliability, operating, and maintenance plans, and
5         monitoring procedures.
6             (G) A schedule for implementation and completion
7         of the plan.
8         (3) Any owner or operator intending to seek payment
9     from the Fund shall submit to the Agency for approval a
10     corrective action budget that includes, but is not limited
11     to, an accounting of all costs associated with the
12     implementation and completion of the corrective action
13     plan.
14         (4) Upon the Agency's approval of a corrective action
15     plan, or as otherwise directed by the Agency, the owner or
16     operator shall proceed with corrective action in
17     accordance with the plan.
18         (5) Within 30 days after the completion of a corrective
19     action plan that achieves applicable remediation
20     objectives the owner or operator shall submit to the Agency
21     for approval a corrective action completion report. The
22     report shall demonstrate whether corrective action was
23     completed in accordance with the approved corrective
24     action plan and whether the remediation objectives
25     approved for the site, as well as any other requirements of
26     the plan, have been achieved.

 

 

SB3320 Enrolled - 5 - LRB096 19895 JDS 35355 b

1         (6) If within 4 years after the approval of any
2     corrective action plan the applicable remediation
3     objectives have not been achieved and the owner or operator
4     has not submitted a corrective action completion report,
5     the owner or operator must submit a status report for
6     Agency review. The status report must include, but is not
7     limited to, a description of the remediation activities
8     taken to date, the effectiveness of the method of
9     remediation being used, the likelihood of meeting the
10     applicable remediation objectives using the current method
11     of remediation, and the date the applicable remediation
12     objectives are expected to be achieved.
13         (7) If the Agency determines any approved corrective
14     action plan will not achieve applicable remediation
15     objectives within a reasonable time, based upon the method
16     of remediation and site specific circumstances, the Agency
17     may require the owner or operator to submit to the Agency
18     for approval a revised corrective action plan. If the owner
19     or operator intends to seek payment from the Fund, the
20     owner or operator must also submit a revised budget.
21     (c) Agency review and approval.
22         (1) Agency approval of any plan and associated budget,
23     as described in this subsection (c), shall be considered
24     final approval for purposes of seeking and obtaining
25     payment from the Underground Storage Tank Fund if the costs
26     associated with the completion of any such plan are less

 

 

SB3320 Enrolled - 6 - LRB096 19895 JDS 35355 b

1     than or equal to the amounts approved in such budget.
2         (2) In the event the Agency fails to approve,
3     disapprove, or modify any plan or report submitted pursuant
4     to this Title in writing within 120 days of the receipt by
5     the Agency, the plan or report shall be considered to be
6     rejected by operation of law for purposes of this Title and
7     rejected for purposes of payment from the Underground
8     Storage Tank Fund.
9             (A) For purposes of those plans as identified in
10         paragraph (5) of this subsection (c), the Agency's
11         review may be an audit procedure. Such review or audit
12         shall be consistent with the procedure for such review
13         or audit as promulgated by the Board under Section
14         57.14. The Agency has the authority to establish an
15         auditing program to verify compliance of such plans
16         with the provisions of this Title.
17             (B) For purposes of corrective action plans
18         submitted pursuant to subsection (b) of this Section
19         for which payment from the Fund is not being sought,
20         the Agency need not take action on such plan until 120
21         days after it receives the corrective action
22         completion report required under subsection (b) of
23         this Section. In the event the Agency approved the
24         plan, it shall proceed under the provisions of this
25         subsection (c).
26         (3) In approving any plan submitted pursuant to

 

 

SB3320 Enrolled - 7 - LRB096 19895 JDS 35355 b

1     subsection (a) or (b) of this Section, the Agency shall
2     determine, by a procedure promulgated by the Board under
3     Section 57.14, that the costs associated with the plan are
4     reasonable, will be incurred in the performance of site
5     investigation or corrective action, and will not be used
6     for site investigation or corrective action activities in
7     excess of those required to meet the minimum requirements
8     of this Title.
9             (A) For purposes of payment from the Fund,
10         corrective action activities required to meet the
11         minimum requirements of this Title shall include, but
12         not be limited to, the following use of the Board's
13         Tiered Approach to Corrective Action Objectives rules
14         adopted under Title XVII of this Act:
15                 (i) For the site where the release occurred,
16             the use of Tier 2 remediation objectives that are
17             no more stringent than Tier 1 remediation
18             objectives.
19                 (ii) The use of industrial/commercial property
20             remediation objectives, unless the owner or
21             operator demonstrates that the property being
22             remediated is residential property or being
23             developed into residential property.
24                 (iii) The use of groundwater ordinances as
25             institutional controls in accordance with Board
26             rules.

 

 

SB3320 Enrolled - 8 - LRB096 19895 JDS 35355 b

1                 (iv) The use of on-site groundwater use
2             restrictions as institutional controls in
3             accordance with Board rules.
4             (B) Any bidding process adopted under Board rules
5         to determine the reasonableness of costs of corrective
6         action must provide for a publicly-noticed,
7         competitive, and sealed bidding process that includes,
8         at a minimum, the following:
9                 (i) The owner or operator must issue
10             invitations for bids that include, at a minimum, a
11             description of the work being bid and applicable
12             contractual terms and conditions. The criteria on
13             which the bids will be evaluated must be set forth
14             in the invitation for bids. The criteria may
15             include, but shall not be limited to, criteria for
16             determining acceptability, such as inspection,
17             testing, quality, workmanship, delivery, and
18             suitability for a particular purpose. Criteria
19             that will affect the bid price and be considered in
20             the evaluation of a bid, such as discounts, shall
21             be objectively measurable.
22                 (ii) At least 14 days prior to the date set in
23             the invitation for the opening of bids, public
24             notice of the invitation for bids must be published
25             in a local paper of general circulation for the
26             area in which the site is located.

 

 

SB3320 Enrolled - 9 - LRB096 19895 JDS 35355 b

1                 (iii) Bids must be opened publicly in the
2             presence of one or more witnesses at the time and
3             place designated in the invitation for bids. The
4             name of each bidder, the amount of each bid, and
5             other relevant information as specified in Board
6             rules must be recorded and submitted to the Agency
7             in the applicable budget. After selection of the
8             winning bid, the winning bid and the record of each
9             unsuccessful bid shall be open to public
10             inspection.
11                 (iv) Bids must be unconditionally accepted
12             without alteration or correction. Bids must be
13             evaluated based on the requirements set forth in
14             the invitation for bids, which may include
15             criteria for determining acceptability, such as
16             inspection, testing, quality, workmanship,
17             delivery, and suitability for a particular
18             purpose. Criteria that will affect the bid price
19             and be considered in the evaluation of a bid, such
20             as discounts, shall be objectively measurable. The
21             invitation for bids shall set forth the evaluation
22             criteria to be used.
23                 (v) Correction or withdrawal of inadvertently
24             erroneous bids before or after selection of the
25             winning bid, or cancellation of winning bids based
26             on bid mistakes, shall be allowed in accordance

 

 

SB3320 Enrolled - 10 - LRB096 19895 JDS 35355 b

1             with Board rules. After bid opening, no changes in
2             bid prices or other provisions of bids prejudicial
3             to the owner or operator or fair competition shall
4             be allowed. All decisions to allow the correction
5             or withdrawal of bids based on bid mistakes shall
6             be supported by a written determination made by the
7             owner or operator.
8                 (vi) The owner or operator shall select the
9             winning bid with reasonable promptness by written
10             notice to the lowest responsible and responsive
11             bidder whose bid meets the requirements and
12             criteria set forth in the invitation for bids. The
13             winning bid and other relevant information as
14             specified in Board rules must be recorded and
15             submitted to the Agency in the applicable budget.
16                 (vii) All bidding documentation must be
17             retained by the owner or operator for a minimum of
18             3 years after the costs bid are submitted in an
19             application for payment, except that documentation
20             relating to an appeal, litigation, or other
21             disputed claim must be maintained until at least 3
22             years after the date of the final disposition of
23             the appeal, litigation, or other disputed claim.
24             All bidding documentation must be made available
25             to the Agency for inspection and copying during
26             normal business hours.

 

 

SB3320 Enrolled - 11 - LRB096 19895 JDS 35355 b

1             (C) Any bidding process adopted under Board rules
2         to determine the reasonableness of costs of corrective
3         action shall (i) be optional and (ii) allow bidding
4         only if the owner or operator demonstrates that
5         corrective action cannot be performed for amounts less
6         than or equal to maximum payment amounts adopted by the
7         Board.
8         (4) For any plan or report received after June 24,
9     2002, any action by the Agency to disapprove or modify a
10     plan submitted pursuant to this Title shall be provided to
11     the owner or operator in writing within 120 days of the
12     receipt by the Agency or, in the case of a site
13     investigation plan or corrective action plan for which
14     payment is not being sought, within 120 days of receipt of
15     the site investigation completion report or corrective
16     action completion report, respectively, and shall be
17     accompanied by:
18             (A) an explanation of the Sections of this Act
19         which may be violated if the plans were approved;
20             (B) an explanation of the provisions of the
21         regulations, promulgated under this Act, which may be
22         violated if the plan were approved;
23             (C) an explanation of the specific type of
24         information, if any, which the Agency deems the
25         applicant did not provide the Agency; and
26             (D) a statement of specific reasons why the Act and

 

 

SB3320 Enrolled - 12 - LRB096 19895 JDS 35355 b

1         the regulations might not be met if the plan were
2         approved.
3         Any action by the Agency to disapprove or modify a plan
4     or report or the rejection of any plan or report by
5     operation of law shall be subject to appeal to the Board in
6     accordance with the procedures of Section 40. If the owner
7     or operator elects to incorporate modifications required
8     by the Agency rather than appeal, an amended plan shall be
9     submitted to the Agency within 35 days of receipt of the
10     Agency's written notification.
11         (5) For purposes of this Title, the term "plan" shall
12     include:
13             (A) Any site investigation plan submitted pursuant
14         to subsection (a) of this Section;
15             (B) Any site investigation budget submitted
16         pursuant to subsection (a) of this Section;
17             (C) Any corrective action plan submitted pursuant
18         to subsection (b) of this Section; or
19             (D) Any corrective action plan budget submitted
20         pursuant to subsection (b) of this Section.
21     (d) For purposes of this Title, the term "indicator
22 contaminant" shall mean, unless and until the Board promulgates
23 regulations to the contrary, the following: (i) if an
24 underground storage tank contains gasoline, the indicator
25 parameter shall be BTEX and Benzene; (ii) if the tank contained
26 petroleum products consisting of middle distillate or heavy

 

 

SB3320 Enrolled - 13 - LRB096 19895 JDS 35355 b

1 ends, then the indicator parameter shall be determined by a
2 scan of PNA's taken from the location where contamination is
3 most likely to be present; and (iii) if the tank contained used
4 oil, then the indicator contaminant shall be those chemical
5 constituents which indicate the type of petroleum stored in an
6 underground storage tank. All references in this Title to
7 groundwater objectives shall mean Class I groundwater
8 standards or objectives as applicable.
9     (e) (1) Notwithstanding the provisions of this Section, an
10     owner or operator may proceed to conduct site investigation
11     or corrective action prior to the submittal or approval of
12     an otherwise required plan. If the owner or operator elects
13     to so proceed, an applicable plan shall be filed with the
14     Agency at any time. Such plan shall detail the steps taken
15     to determine the type of site investigation or corrective
16     action which was necessary at the site along with the site
17     investigation or corrective action taken or to be taken, in
18     addition to costs associated with activities to date and
19     anticipated costs.
20         (2) Upon receipt of a plan submitted after activities
21     have commenced at a site, the Agency shall proceed to
22     review in the same manner as required under this Title. In
23     the event the Agency disapproves all or part of the costs,
24     the owner or operator may appeal such decision to the
25     Board. The owner or operator shall not be eligible to be
26     reimbursed for such disapproved costs unless and until the

 

 

SB3320 Enrolled - 14 - LRB096 19895 JDS 35355 b

1     Board determines that such costs were eligible for payment.
2     (f) All investigations, plans, and reports conducted or
3 prepared under this Section shall be conducted or prepared
4 under the supervision of a licensed professional engineer and
5 in accordance with the requirements of this Title.
6 (Source: P.A. 95-331, eff. 8-21-07.)
 
7     (415 ILCS 5/57.9)
8     Sec. 57.9. Underground Storage Tank Fund; eligibility and
9 deductibility.
10     (a) The Underground Storage Tank Fund shall be accessible
11 by owners and operators who have a confirmed release from an
12 underground storage tank or related tank system of a substance
13 listed in this Section. The owner or operator is eligible to
14 access the Underground Storage Tank Fund if the eligibility
15 requirements of this Title are satisfied and:
16         (1) Neither the owner nor the operator is the United
17     States Government.
18         (2) The tank does not contain fuel which is exempt from
19     the Motor Fuel Tax Law.
20         (3) The costs were incurred as a result of a confirmed
21     release of any of the following substances:
22             (A) "Fuel", as defined in Section 1.19 of the Motor
23         Fuel Tax Law.
24             (B) Aviation fuel.
25             (C) Heating oil.

 

 

SB3320 Enrolled - 15 - LRB096 19895 JDS 35355 b

1             (D) Kerosene.
2             (E) Used oil which has been refined from crude oil
3         used in a motor vehicle, as defined in Section 1.3 of
4         the Motor Fuel Tax Law.
5         (4) The owner or operator registered the tank and paid
6     all fees in accordance with the statutory and regulatory
7     requirements of the Gasoline Storage Act.
8         (5) The owner or operator notified the Illinois
9     Emergency Management Agency of a confirmed release, the
10     costs were incurred after the notification and the costs
11     were a result of a release of a substance listed in this
12     Section. Costs of corrective action or indemnification
13     incurred before providing that notification shall not be
14     eligible for payment.
15         (6) The costs have not already been paid to the owner
16     or operator under a private insurance policy, other written
17     agreement, or court order.
18         (7) The costs were associated with "corrective action"
19     of this Act.
20         If the underground storage tank which experienced a
21     release of a substance listed in this Section was installed
22     after July 28, 1989, the owner or operator is eligible to
23     access the Underground Storage Tank Fund if it is
24     demonstrated to the Office of the State Fire Marshal the
25     tank was installed and operated in accordance with Office
26     of the State Fire Marshal regulatory requirements. Office

 

 

SB3320 Enrolled - 16 - LRB096 19895 JDS 35355 b

1     of the State Fire Marshal certification is prima facie
2     evidence the tank was installed pursuant to the Office of
3     the State Fire Marshal regulatory requirements.
4     (b) For releases reported prior to the effective date of
5 this amendatory Act of the 96th General Assembly, an An owner
6 or operator may access the Underground Storage Tank Fund for
7 costs associated with an Agency approved plan and the Agency
8 shall approve the payment of costs associated with corrective
9 action after the application of a $10,000 deductible, except in
10 the following situations:
11         (1) A deductible of $100,000 shall apply when none of
12     the underground storage tanks were registered prior to July
13     28, 1989, except in the case of underground storage tanks
14     used exclusively to store heating oil for consumptive use
15     on the premises where stored and which serve other than
16     farms or residential units, a deductible of $100,000 shall
17     apply when none of these tanks were registered prior to
18     July 1, 1992.
19         (2) A deductible of $50,000 shall apply if any of the
20     underground storage tanks were registered prior to July 28,
21     1989, and the State received notice of the confirmed
22     release prior to July 28, 1989.
23         (3) A deductible of $15,000 shall apply when one or
24     more, but not all, of the underground storage tanks were
25     registered prior to July 28, 1989, and the State received
26     notice of the confirmed release on or after July 28, 1989.

 

 

SB3320 Enrolled - 17 - LRB096 19895 JDS 35355 b

1     For releases reported on or after the effective date of
2 this amendatory Act of the 96th General Assembly, an owner or
3 operator may access the Underground Storage Tank Fund for costs
4 associated with an Agency approved plan, and the Agency shall
5 approve the payment of costs associated with corrective action
6 after the application of a $5,000 deductible.
7     A deductible shall apply annually for each site at which
8 costs were incurred under a claim submitted pursuant to this
9 Title, except that if corrective action in response to an
10 occurrence takes place over a period of more than one year, in
11 subsequent years, no deductible shall apply for costs incurred
12 in response to such occurrence.
13     (c) Eligibility and deductibility determinations shall be
14 made by the Office of the State Fire Marshal.
15         (1) When an owner or operator reports a confirmed
16     release of a regulated substance, the Office of the State
17     Fire Marshal shall provide the owner or operator with an
18     "Eligibility and Deductibility Determination" form. The
19     form shall either be provided on-site or within 15 days of
20     the Office of the State Fire Marshal receipt of notice
21     indicating a confirmed release. The form shall request
22     sufficient information to enable the Office of the State
23     Fire Marshal to make a final determination as to owner or
24     operator eligibility to access the Underground Storage
25     Tank Fund pursuant to this Title and the appropriate
26     deductible. The form shall be promulgated as a rule or

 

 

SB3320 Enrolled - 18 - LRB096 19895 JDS 35355 b

1     regulation pursuant to the Illinois Administrative
2     Procedure Act by the Office of the State Fire Marshal.
3     Until such form is promulgated, the Office of State Fire
4     Marshal shall use a form which generally conforms with this
5     Act.
6         (2) Within 60 days of receipt of the "Eligibility and
7     Deductibility Determination" form, the Office of the State
8     Fire Marshal shall issue one letter enunciating the final
9     eligibility and deductibility determination, and such
10     determination or failure to act within the time prescribed
11     shall be a final decision appealable to the Illinois
12     Pollution Control Board.
13 (Source: P.A. 88-496.)
 
14     (415 ILCS 5/57.11)
15     Sec. 57.11. Underground Storage Tank Fund; creation.
16     (a) There is hereby created in the State Treasury a special
17 fund to be known as the Underground Storage Tank Fund. There
18 shall be deposited into the Underground Storage Tank Fund all
19 monies received by the Office of the State Fire Marshal as fees
20 for underground storage tanks under Sections 4 and 5 of the
21 Gasoline Storage Act and as fees pursuant to the Motor Fuel Tax
22 Law. All amounts held in the Underground Storage Tank Fund
23 shall be invested at interest by the State Treasurer. All
24 income earned from the investments shall be deposited into the
25 Underground Storage Tank Fund no less frequently than

 

 

SB3320 Enrolled - 19 - LRB096 19895 JDS 35355 b

1 quarterly. Moneys in the Underground Storage Tank Fund,
2 pursuant to appropriation, may be used by the Agency and the
3 Office of the State Fire Marshal for the following purposes:
4         (1) To take action authorized under Section 57.12 to
5     recover costs under Section 57.12.
6         (2) To assist in the reduction and mitigation of damage
7     caused by leaks from underground storage tanks, including
8     but not limited to, providing alternative water supplies to
9     persons whose drinking water has become contaminated as a
10     result of those leaks.
11         (3) To be used as a matching amount towards federal
12     assistance relative to the release of petroleum from
13     underground storage tanks.
14         (4) For the costs of administering activities of the
15     Agency and the Office of the State Fire Marshal relative to
16     the Underground Storage Tank Fund.
17         (5) For payment of costs of corrective action incurred
18     by and indemnification to operators of underground storage
19     tanks as provided in this Title.
20         (6) For a total of 2 demonstration projects in amounts
21     in excess of a $10,000 deductible charge designed to assess
22     the viability of corrective action projects at sites which
23     have experienced contamination from petroleum releases.
24     Such demonstration projects shall be conducted in
25     accordance with the provision of this Title.
26         (7) Subject to appropriation, moneys in the

 

 

SB3320 Enrolled - 20 - LRB096 19895 JDS 35355 b

1     Underground Storage Tank Fund may also be used by the
2     Department of Revenue for the costs of administering its
3     activities relative to the Fund and for refunds provided
4     for in Section 13a.8 of the Motor Fuel Tax Act.
5     (b) Moneys in the Underground Storage Tank Fund may,
6 pursuant to appropriation, be used by the Office of the State
7 Fire Marshal or the Agency to take whatever emergency action is
8 necessary or appropriate to assure that the public health or
9 safety is not threatened whenever there is a release or
10 substantial threat of a release of petroleum from an
11 underground storage tank and for the costs of administering its
12 activities relative to the Underground Storage Tank Fund.
13     (c) Beginning July 1, 1993, the Governor shall certify to
14 the State Comptroller and State Treasurer the monthly amount
15 necessary to pay debt service on State obligations issued
16 pursuant to Section 6 of the General Obligation Bond Act. On
17 the last day of each month, the Comptroller shall order
18 transferred and the Treasurer shall transfer from the
19 Underground Storage Tank Fund to the General Obligation Bond
20 Retirement and Interest Fund the amount certified by the
21 Governor, plus any cumulative deficiency in those transfers for
22 prior months.
23     (d) Except as provided in subsection (c) of this Section,
24 the Underground Storage Tank Fund is not subject to
25 administrative charges authorized under Section 8h of the State
26 Finance Act that would in any way transfer any funds from the

 

 

SB3320 Enrolled - 21 - LRB096 19895 JDS 35355 b

1 Underground Storage Tank Fund into any other fund of the State.
2     (e) Each fiscal year, subject to appropriation, the Agency
3 may commit up to $10,000,000 of the moneys in the Underground
4 Storage Tank Fund to the payment of corrective action costs for
5 legacy sites that meet one or more of the following criteria as
6 a result of the underground storage tank release: (i) the
7 presence of free product, (ii) contamination within a regulated
8 recharge area, a wellhead protection area, or the setback zone
9 of a potable water supply well, (iii) contamination extending
10 beyond the boundaries of the site where the release occurred,
11 or (iv) such other criteria as may be adopted in Agency rules.
12         (1) Fund moneys committed under this subsection (e)
13     shall be held in the Fund for payment of the corrective
14     action costs for which the moneys were committed.
15         (2) The Agency may adopt rules governing the commitment
16     of Fund moneys under this subsection (e).
17         (3) This subsection (e) does not limit the use of Fund
18     moneys at legacy sites as otherwise provided under this
19     Title.
20         (4) For the purposes of this subsection (e), the term
21     "legacy site" means a site for which (i) an underground
22     storage tank release was reported prior to January 1, 2005,
23     (ii) the owner or operator has been determined eligible to
24     receive payment from the Fund for corrective action costs,
25     and (iii) the Agency did not receive any applications for
26     payment prior to January 1, 2010.

 

 

SB3320 Enrolled - 22 - LRB096 19895 JDS 35355 b

1 (Source: P.A. 96-34, eff. 7-13-09.)
 
2     (415 ILCS 5/57.13)
3     Sec. 57.13. Underground Storage Tank Program; transition.
4 This Title applies to all underground storage tank releases for
5 which a No Further Remediation Letter is issued on or after the
6 effective date of this amendatory Act of the 96th General
7 Assembly, provided that (i) costs incurred prior to the
8 effective date of this amendatory Act shall be payable from the
9 UST Fund in the same manner as allowed under the law in effect
10 at the time the costs were incurred and (ii) releases for which
11 corrective action was completed prior to the effective date of
12 this amendatory Act shall be eligible for a No Further
13 Remediation Letter in the same manner as allowed under the law
14 in effect at the time the corrective action was completed.
15     (a) If a release is reported to the proper State authority
16 on or after June 24, 2002, the owner or operator shall comply
17 with the requirements of this Title.
18     (b) If a release is reported to the proper State authority
19 prior to June 24, 2002, the owner or operator of an underground
20 storage tank may elect to proceed in accordance with the
21 requirements of this Title by submitting a written statement to
22 the Agency of such election. If the owner or operator elects to
23 proceed under the requirements of this Title all costs incurred
24 in connection with the incident prior to notification shall be
25 reimbursable in the same manner as was allowable under the then

 

 

SB3320 Enrolled - 23 - LRB096 19895 JDS 35355 b

1 existing law. Completion of corrective action shall then follow
2 the provisions of this Title.
3 (Source: P.A. 95-331, eff. 8-21-07.)
 
4     (415 ILCS 5/57.18 new)
5     Sec. 57.18. Additional remedial action required by change
6 in law; Agency's duty to propose amendment. If a change in
7 State or federal law requires additional remedial action in
8 response to releases for which No Further Remediation Letters
9 have been issued, the Agency shall propose in the next
10 convening of a regular session of the current General Assembly
11 amendments to this Title to allow owners and operators to
12 perform the additional remedial action and seek payment from
13 the Fund for the costs of the action.
 
14     (415 ILCS 5/57.19 new)
15     Sec. 57.19. Costs incurred after the issuance of a No
16 Further Remediation Letter. The following shall be considered
17 corrective action activities eligible for payment from the Fund
18 even when an owner or operator conducts these activities after
19 the issuance of a No Further Remediation Letter. Corrective
20 action conducted under this Section and costs incurred under
21 this Section must comply with the requirements of this Title
22 and Board rules adopted under this Title.
23         (1) Corrective action to achieve residential property
24     remediation objectives if the owner or operator

 

 

SB3320 Enrolled - 24 - LRB096 19895 JDS 35355 b

1     demonstrates that property remediated to
2     industrial/commercial property remediation objectives
3     pursuant to subdivision (c)(3)(A)(ii) of Section 57.7 of
4     this Act is being developed into residential property.
5         (2) Corrective action to address groundwater
6     contamination if the owner or operator demonstrates that
7     action is necessary because a groundwater ordinance used as
8     an institutional control pursuant to subdivision
9     (c)(3)(A)(iii) of Section 57.7 of this Act can no longer be
10     used as an institutional control.
11         (3) Corrective action to address groundwater
12     contamination if the owner or operator demonstrates that
13     action is necessary because an on-site groundwater use
14     restriction used as an institutional control pursuant to
15     subdivision (c)(3)(A)(iv) of Section 57.7 of this Act must
16     be lifted in order to allow the installation of a potable
17     water supply well due to public water supply service no
18     longer being available for reasons other than an act or
19     omission of the owner or operator.
20         (4) The disposal of soil that does not exceed
21     industrial/commercial property remediation objectives, but
22     that does exceed residential property remediation
23     objectives, if industrial/commercial property remediation
24     objectives were used pursuant to subdivision (c)(3)(A)(ii)
25     of Section 57.7 of this Act and the owner or operator
26     demonstrates that (i) the contamination is the result of

 

 

SB3320 Enrolled - 25 - LRB096 19895 JDS 35355 b

1     the release for which the owner or operator is eligible to
2     seek payment from the Fund and (ii) disposal of the soil is
3     necessary as a result of construction activities conducted
4     after the issuance of a No Further Remediation Letter on
5     the site where the release occurred, including, but not
6     limited to, the following: tank, line, or canopy repair,
7     replacement, or removal; building upgrades; sign
8     installation; and water or sewer line replacement.
9         (5) The disposal of water exceeding groundwater
10     remediation objectives that is removed from an excavation
11     on the site where the release occurred if a groundwater
12     ordinance is used as an institutional control pursuant to
13     subdivision (c)(3)(A)(iii) of Section 57.7 of this Act, or
14     if an on-site groundwater use restriction is used as an
15     institutional control pursuant to subdivision
16     (c)(3)(A)(iv) of Section 57.7, and the owner or operator
17     demonstrates that (i) the excavation is located within the
18     measured or modeled extent of groundwater contamination
19     resulting from the release for which the owner or operator
20     is eligible to seek payment from the Fund and (ii) disposal
21     of the groundwater is necessary as a result of construction
22     activities conducted after the issuance of a No Further
23     Remediation Letter on the site where the release occurred,
24     including, but not limited to, the following: tank, line,
25     or canopy repair, replacement, or removal; building
26     upgrades; sign installation; and water or sewer line

 

 

SB3320 Enrolled - 26 - LRB096 19895 JDS 35355 b

1     replacement.
 
2     Section 99. Effective date. This Act takes effect upon
3 becoming law.