(415 ILCS 5/58.1)
Sec. 58.1.
Applicability.
(a) (1) This Title establishes the procedures for the investigative and
remedial activities at sites where there is a release, threatened release, or
suspected release of hazardous substances, pesticides, or petroleum and for the
review and approval of those activities.
(2) Any person, including persons required to perform investigations and
remediations under this Act, may elect to proceed under this Title unless (i)
the site is on the National Priorities List (Appendix B of 40 CFR 300), (ii)
the site is a treatment, storage, or disposal site for which a permit has been
issued, or that is subject to closure requirements under federal or State solid
or hazardous waste laws, (iii) the site is subject to federal or State
underground storage tank laws, or (iv) investigation or remedial action at
the site has been required by a federal court order or an order issued by the
United States Environmental Protection Agency. To the extent allowed by
federal law and regulations, the sites listed under items (i), (ii), (iii), and
(iv) may utilize the provisions of this Title, including the procedures for
establishing risk-based remediation objectives under Section 58.5.
(b) Except for sites excluded under subdivision (a) (2) of this Section,
the Remediation Applicant (RA) for any site that has not received an Agency
letter under subsection (y) of Section 4 of this Act may elect to proceed under
the provisions of this Title by submitting a written statement of the election
to the Agency. In the absence of such election, the RA shall continue under
the provisions of this Act as applicable prior to the effective date of this
amendatory Act of 1995.
(c) Except for sites excluded under subdivision (a) (2) of this Section,
agrichemical facilities may elect to undertake corrective action in conformance
with this Title and rules promulgated by the Board thereunder and land
application programs administered by the Department of Agriculture as provided
under Section 19 of the Illinois Pesticide Act, and shall be eligible for the
relief provided under Section 58.10.
(Source: P.A. 89-431, eff. 12-15-95; 89-443, eff. 7-1-96.)
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