(415 ILCS 5/56.1) (from Ch. 111 1/2, par. 1056.1)
Sec. 56.1. Acts prohibited.
(A) No person shall:
(a) Cause or allow the disposal of any potentially |
| infectious medical waste. Sharps may be disposed in any landfill permitted by the Agency under Section 21 of this Act to accept municipal waste for disposal, if both:
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(1) the infectious potential has been eliminated
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| from the sharps by treatment; and
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(2) the sharps are packaged in accordance with
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(b) Cause or allow the delivery of any potentially
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| infectious medical waste for transport, storage, treatment, or transfer except in accordance with Board regulations.
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(c) Beginning July 1, 1992, cause or allow the
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| delivery of any potentially infectious medical waste to a person or facility for storage, treatment, or transfer that does not have a permit issued by the agency to receive potentially infectious medical waste, unless no permit is required under subsection (g)(1).
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(d) Beginning July 1, 1992, cause or allow the
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| delivery or transfer of any potentially infectious medical waste for transport unless:
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(1) the transporter has a permit issued by the
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| Agency to transport potentially infectious medical waste, or the transporter is exempt from the permit requirement set forth in subsection (f)(l).
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(2) a potentially infectious medical waste
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| manifest is completed for the waste if a manifest is required under subsection (h).
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(e) Cause or allow the acceptance of any potentially
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| infectious medical waste for purposes of transport, storage, treatment, or transfer except in accordance with Board regulations.
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(f) Beginning July 1, 1992, conduct any potentially
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| infectious medical waste transportation operation:
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(1) Without a permit issued by the Agency to
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| transport potentially infectious medical waste. No permit is required under this provision (f)(1) for:
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(A) a person transporting potentially
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| infectious medical waste generated solely by that person's activities;
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(B) noncommercial transportation of less than
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| 50 pounds of potentially infectious medical waste at any one time; or
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(C) the U.S. Postal Service.
(2) In violation of any condition of any permit
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| issued by the Agency under this Act.
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(3) In violation of any regulation adopted by the
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(4) In violation of any order adopted by the
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(g) Beginning July 1, 1992, conduct any potentially
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| infectious medical waste treatment, storage, or transfer operation:
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(1) without a permit issued by the Agency that
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| specifically authorizes the treatment, storage, or transfer of potentially infectious medical waste. No permit is required under this subsection (g) or subsection (d)(1) of Section 21 for any:
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(A) Person conducting a potentially
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| infectious medical waste treatment, storage, or transfer operation for potentially infectious medical waste generated by the person's own activities that are treated, stored, or transferred within the site where the potentially infectious medical waste is generated.
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(B) Hospital that treats, stores, or
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| transfers only potentially infectious medical waste generated by its own activities or by members of its medical staff.
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(C) Sharps collection station that is
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| operated in accordance with Section 56.7.
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(2) in violation of any condition of any permit
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| issued by the Agency under this Act.
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(3) in violation of any regulation adopted by the
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(4) In violation of any order adopted by the
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(h) Transport potentially infectious medical waste
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| unless the transporter carries a completed potentially infectious medical waste manifest. No manifest is required for the transportation of:
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(1) potentially infectious medical waste being
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| transported by generators who generated the waste by their own activities, when the potentially infectious medical waste is transported within or between sites or facilities owned, controlled, or operated by that person;
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(2) less than 50 pounds of potentially infectious
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| medical waste at any one time for a noncommercial transportation activity; or
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(3) potentially infectious medical waste by the
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(i) Offer for transportation, transport, deliver,
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| receive or accept potentially infectious medical waste for which a manifest is required, unless the manifest indicates that the fee required under Section 56.4 of this Act has been paid.
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(j) Beginning January 1, 1994, conduct a potentially
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| infectious medical waste treatment operation at an incinerator in existence on the effective date of this Title in violation of emission standards established for these incinerators under Section 129 of the Clean Air Act (42 USC 7429), as amended.
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(k) Beginning July 1, 2015, knowingly mix household
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| sharps, including, but not limited to, hypodermic, intravenous, or other medical needles or syringes or other medical household waste containing used or unused sharps, including, but not limited to, hypodermic, intravenous, or other medical needles or syringes or other sharps, with any other material intended for collection as a recyclable material by a residential hauler.
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(l) Beginning on July 1, 2015, knowingly place
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| household sharps into a container intended for collection by a residential hauler for processing at a recycling center.
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(B) In making its orders and determinations relative to
penalties, if any, to be imposed for violating subdivision (A)(a) of
this Section, the Board, in addition to the
factors in Sections 33(c) and 42(h) of this Act, or the Court shall take into
consideration whether the owner or operator of the landfill reasonably relied
on written statements from the person generating or treating the waste that
the waste is not potentially infectious medical waste.
(C) Notwithstanding subsection (A) or any other provision of law, including the Vital Records Act, tissue and products from an abortion, as defined in Section 1-10 of the Reproductive Health Act, or a miscarriage may be buried, entombed, or cremated.
(Source: P.A. 101-13, eff. 6-12-19.)
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(415 ILCS 5/57.7) Sec. 57.7. Leaking underground storage tanks; site investigation and
corrective action. (a) Site investigation. (1) For any site investigation activities required by |
| statute or rule, the owner or operator shall submit to the Agency for approval a site investigation plan designed to determine the nature, concentration, direction of movement, rate of movement, and extent of the contamination as well as the significant physical features of the site and surrounding area that may affect contaminant transport and risk to human health and safety and the environment.
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(2) Any owner or operator intending to seek payment
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| from the Fund shall submit to the Agency for approval a site investigation budget that includes, but is not limited to, an accounting of all costs associated with the implementation and completion of the site investigation plan.
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(3) Remediation objectives for the applicable
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| indicator contaminants shall be determined using the tiered approach to corrective action objectives rules adopted by the Board pursuant to this Title and Title XVII of this Act. For the purposes of this Title, "Contaminant of Concern" or "Regulated Substance of Concern" in the rules means the applicable indicator contaminants set forth in subsection (d) of this Section and the rules adopted thereunder.
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(4) Upon the Agency's approval of a site
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| investigation plan, or as otherwise directed by the Agency, the owner or operator shall conduct a site investigation in accordance with the plan.
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(5) Within 30 days after completing the site
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| investigation, the owner or operator shall submit to the Agency for approval a site investigation completion report. At a minimum the report shall include all of the following:
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(A) Executive summary.
(B) Site history.
(C) Site-specific sampling methods and results.
(D) Documentation of all field activities,
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| including quality assurance.
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(E) Documentation regarding the development of
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| proposed remediation objectives.
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(F) Interpretation of results.
(G) Conclusions.
(b) Corrective action.
(1) If the site investigation confirms none of the
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| applicable indicator contaminants exceed the proposed remediation objectives, within 30 days after completing the site investigation the owner or operator shall submit to the Agency for approval a corrective action completion report in accordance with this Section.
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(2) If any of the applicable indicator contaminants
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| exceed the remediation objectives approved for the site, within 30 days after the Agency approves the site investigation completion report the owner or operator shall submit to the Agency for approval a corrective action plan designed to mitigate any threat to human health, human safety, or the environment resulting from the underground storage tank release. The plan shall describe the selected remedy and evaluate its ability and effectiveness to achieve the remediation objectives approved for the site. At a minimum, the report shall include all of the following:
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(A) Executive summary.
(B) Statement of remediation objectives.
(C) Remedial technologies selected.
(D) Confirmation sampling plan.
(E) Current and projected future use of the
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(F) Applicable preventive, engineering, and
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| institutional controls including long-term reliability, operating, and maintenance plans, and monitoring procedures.
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(G) A schedule for implementation and completion
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(3) Any owner or operator intending to seek payment
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| from the Fund shall submit to the Agency for approval a corrective action budget that includes, but is not limited to, an accounting of all costs associated with the implementation and completion of the corrective action plan.
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(4) Upon the Agency's approval of a corrective action
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| plan, or as otherwise directed by the Agency, the owner or operator shall proceed with corrective action in accordance with the plan.
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(5) Within 30 days after the completion of a
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| corrective action plan that achieves applicable remediation objectives the owner or operator shall submit to the Agency for approval a corrective action completion report. The report shall demonstrate whether corrective action was completed in accordance with the approved corrective action plan and whether the remediation objectives approved for the site, as well as any other requirements of the plan, have been achieved.
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(6) If within 4 years after the approval of any
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| corrective action plan the applicable remediation objectives have not been achieved and the owner or operator has not submitted a corrective action completion report, the owner or operator must submit a status report for Agency review. The status report must include, but is not limited to, a description of the remediation activities taken to date, the effectiveness of the method of remediation being used, the likelihood of meeting the applicable remediation objectives using the current method of remediation, and the date the applicable remediation objectives are expected to be achieved.
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(7) If the Agency determines any approved corrective
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| action plan will not achieve applicable remediation objectives within a reasonable time, based upon the method of remediation and site specific circumstances, the Agency may require the owner or operator to submit to the Agency for approval a revised corrective action plan. If the owner or operator intends to seek payment from the Fund, the owner or operator must also submit a revised budget.
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(c) Agency review and approval.
(1) Agency approval of any plan and associated
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| budget, as described in this subsection (c), shall be considered final approval for purposes of seeking and obtaining payment from the Underground Storage Tank Fund if the costs associated with the completion of any such plan are less than or equal to the amounts approved in such budget.
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(2) In the event the Agency fails to approve,
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| disapprove, or modify any plan or report submitted pursuant to this Title in writing within 120 days of the receipt by the Agency, the plan or report shall be considered to be rejected by operation of law for purposes of this Title and rejected for purposes of payment from the Underground Storage Tank Fund.
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(A) For purposes of those plans as identified in
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| paragraph (5) of this subsection (c), the Agency's review may be an audit procedure. Such review or audit shall be consistent with the procedure for such review or audit as promulgated by the Board under Section 57.14. The Agency has the authority to establish an auditing program to verify compliance of such plans with the provisions of this Title.
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(B) For purposes of corrective action plans
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| submitted pursuant to subsection (b) of this Section for which payment from the Fund is not being sought, the Agency need not take action on such plan until 120 days after it receives the corrective action completion report required under subsection (b) of this Section. In the event the Agency approved the plan, it shall proceed under the provisions of this subsection (c).
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(3) In approving any plan submitted pursuant to
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| subsection (a) or (b) of this Section, the Agency shall determine, by a procedure promulgated by the Board under Section 57.14, that the costs associated with the plan are reasonable, will be incurred in the performance of site investigation or corrective action, and will not be used for site investigation or corrective action activities in excess of those required to meet the minimum requirements of this Title. The Agency shall also determine, pursuant to the Project Labor Agreements Act, whether the corrective action shall include a project labor agreement if payment from the Underground Storage Tank Fund is to be requested.
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(A) For purposes of payment from the Fund,
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| corrective action activities required to meet the minimum requirements of this Title shall include, but not be limited to, the following use of the Board's Tiered Approach to Corrective Action Objectives rules adopted under Title XVII of this Act:
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(i) For the site where the release occurred,
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| the use of Tier 2 remediation objectives that are no more stringent than Tier 1 remediation objectives.
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(ii) The use of industrial/commercial
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| property remediation objectives, unless the owner or operator demonstrates that the property being remediated is residential property or being developed into residential property.
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(iii) The use of groundwater ordinances as
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| institutional controls in accordance with Board rules.
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(iv) The use of on-site groundwater use
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| restrictions as institutional controls in accordance with Board rules.
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(B) Any bidding process adopted under Board rules
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| to determine the reasonableness of costs of corrective action must provide for a publicly-noticed, competitive, and sealed bidding process that includes, at a minimum, the following:
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(i) The owner or operator must issue
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| invitations for bids that include, at a minimum, a description of the work being bid and applicable contractual terms and conditions. The criteria on which the bids will be evaluated must be set forth in the invitation for bids. The criteria may include, but shall not be limited to, criteria for determining acceptability, such as inspection, testing, quality, workmanship, delivery, and suitability for a particular purpose. Criteria that will affect the bid price and be considered in the evaluation of a bid, such as discounts, shall be objectively measurable.
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(ii) At least 14 days prior to the date set
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| in the invitation for the opening of bids, public notice of the invitation for bids must be published in a local paper of general circulation for the area in which the site is located.
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(iii) Bids must be opened publicly in the
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| presence of one or more witnesses at the time and place designated in the invitation for bids. The name of each bidder, the amount of each bid, and other relevant information as specified in Board rules must be recorded and submitted to the Agency in the applicable budget. After selection of the winning bid, the winning bid and the record of each unsuccessful bid shall be open to public inspection.
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(iv) Bids must be unconditionally accepted
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| without alteration or correction. Bids must be evaluated based on the requirements set forth in the invitation for bids, which may include criteria for determining acceptability, such as inspection, testing, quality, workmanship, delivery, and suitability for a particular purpose. Criteria that will affect the bid price and be considered in the evaluation of a bid, such as discounts, shall be objectively measurable. The invitation for bids shall set forth the evaluation criteria to be used.
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(v) Correction or withdrawal of inadvertently
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| erroneous bids before or after selection of the winning bid, or cancellation of winning bids based on bid mistakes, shall be allowed in accordance with Board rules. After bid opening, no changes in bid prices or other provisions of bids prejudicial to the owner or operator or fair competition shall be allowed. All decisions to allow the correction or withdrawal of bids based on bid mistakes shall be supported by a written determination made by the owner or operator.
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(vi) The owner or operator shall select the
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| winning bid with reasonable promptness by written notice to the lowest responsible and responsive bidder whose bid meets the requirements and criteria set forth in the invitation for bids. The winning bid and other relevant information as specified in Board rules must be recorded and submitted to the Agency in the applicable budget.
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(vii) All bidding documentation must be
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| retained by the owner or operator for a minimum of 3 years after the costs bid are submitted in an application for payment, except that documentation relating to an appeal, litigation, or other disputed claim must be maintained until at least 3 years after the date of the final disposition of the appeal, litigation, or other disputed claim. All bidding documentation must be made available to the Agency for inspection and copying during normal business hours.
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(C) Any bidding process adopted under Board rules
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| to determine the reasonableness of costs of corrective action shall (i) be optional and (ii) allow bidding only if the owner or operator demonstrates that corrective action cannot be performed for amounts less than or equal to maximum payment amounts adopted by the Board.
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(4) For any plan or report received after June 24,
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| 2002, any action by the Agency to disapprove or modify a plan submitted pursuant to this Title shall be provided to the owner or operator in writing within 120 days of the receipt by the Agency or, in the case of a site investigation plan or corrective action plan for which payment is not being sought, within 120 days of receipt of the site investigation completion report or corrective action completion report, respectively, and shall be accompanied by:
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(A) an explanation of the Sections of this Act
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| which may be violated if the plans were approved;
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(B) an explanation of the provisions of the
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| regulations, promulgated under this Act, which may be violated if the plan were approved;
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(C) an explanation of the specific type of
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| information, if any, which the Agency deems the applicant did not provide the Agency; and
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(D) a statement of specific reasons why the Act
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| and the regulations might not be met if the plan were approved.
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Any action by the Agency to disapprove or modify a
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| plan or report or the rejection of any plan or report by operation of law shall be subject to appeal to the Board in accordance with the procedures of Section 40. If the owner or operator elects to incorporate modifications required by the Agency rather than appeal, an amended plan shall be submitted to the Agency within 35 days of receipt of the Agency's written notification.
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(5) For purposes of this Title, the term "plan" shall
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(A) Any site investigation plan submitted
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| pursuant to subsection (a) of this Section;
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(B) Any site investigation budget submitted
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| pursuant to subsection (a) of this Section;
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(C) Any corrective action plan submitted pursuant
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| to subsection (b) of this Section; or
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(D) Any corrective action plan budget submitted
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| pursuant to subsection (b) of this Section.
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(d) For purposes of this Title, the term "indicator contaminant" shall
mean, unless and until the Board promulgates regulations to the contrary, the
following: (i) if an underground storage tank contains gasoline, the indicator
parameter shall be BTEX and Benzene; (ii) if the tank contained petroleum
products consisting of middle distillate or heavy ends, then the indicator
parameter shall be determined by a scan of PNA's taken from the location where
contamination is most likely to be present; and (iii) if the tank contained
used oil, then the indicator contaminant shall be those chemical constituents
which indicate the type of petroleum stored in an underground storage tank.
All references in this Title to groundwater objectives shall mean Class I
groundwater standards or objectives as applicable.
(e) (1) Notwithstanding the provisions of this Section,
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| an owner or operator may proceed to conduct site investigation or corrective action prior to the submittal or approval of an otherwise required plan. If the owner or operator elects to so proceed, an applicable plan shall be filed with the Agency at any time. Such plan shall detail the steps taken to determine the type of site investigation or corrective action which was necessary at the site along with the site investigation or corrective action taken or to be taken, in addition to costs associated with activities to date and anticipated costs.
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(2) Upon receipt of a plan submitted after activities
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| have commenced at a site, the Agency shall proceed to review in the same manner as required under this Title. In the event the Agency disapproves all or part of the costs, the owner or operator may appeal such decision to the Board. The owner or operator shall not be eligible to be reimbursed for such disapproved costs unless and until the Board determines that such costs were eligible for payment.
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(f) All investigations, plans, and reports conducted or prepared under
this Section shall be conducted or prepared under the supervision of a
licensed professional engineer and in accordance with the requirements
of this Title.
(Source: P.A. 98-109, eff. 7-25-13.)
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(415 ILCS 5/57.8)
Sec. 57.8. Underground Storage Tank Fund; payment; options for State payment;
deferred correction election to commence corrective action upon availability of
funds. If an owner or operator is eligible to access the Underground Storage
Tank Fund pursuant to an Office of State Fire Marshal eligibility/deductible
final determination letter issued in accordance with Section 57.9, the owner or
operator may submit a complete application for final or partial payment to the
Agency for activities taken in response to a confirmed release. An owner or
operator may submit a request for partial or final payment regarding a site no
more frequently than once every 90 days.
(a) Payment after completion of corrective action measures.
The owner or operator may submit an application for payment for
activities performed at a site after completion of the requirements of Sections
57.6 and 57.7, or after completion of any other required activities at the
underground storage tank site.
(1) In the case of any approved plan and budget for |
| which payment is being sought, the Agency shall make a payment determination within 120 days of receipt of the application. Such determination shall be considered a final decision. The Agency's review shall be limited to generally accepted auditing and accounting practices. In no case shall the Agency conduct additional review of any plan which was completed within the budget, beyond auditing for adherence to the corrective action measures in the proposal. If the Agency fails to approve the payment application within 120 days, such application shall be deemed approved by operation of law and the Agency shall proceed to reimburse the owner or operator the amount requested in the payment application. However, in no event shall the Agency reimburse the owner or operator an amount greater than the amount approved in the plan.
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(2) If sufficient funds are available in the
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| Underground Storage Tank Fund, the Agency shall, within 60 days, forward to the Office of the State Comptroller a voucher in the amount approved under the payment application.
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(3) In the case of insufficient funds, the Agency
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| shall form a priority list for payment and shall notify persons in such priority list monthly of the availability of funds and when payment shall be made. Payment shall be made to the owner or operator at such time as sufficient funds become available for the costs associated with site investigation and corrective action and costs expended for activities performed where no proposal is required, if applicable. Such priority list shall be available to any owner or operator upon request. Priority for payment shall be determined by the date the Agency receives a complete request for partial or final payment. Upon receipt of notification from the Agency that the requirements of this Title have been met, the Comptroller shall make payment to the owner or operator of the amount approved by the Agency, if sufficient money exists in the Fund. If there is insufficient money in the Fund, then payment shall not be made. If the owner or operator appeals a final Agency payment determination and it is determined that the owner or operator is eligible for payment or additional payment, the priority date for the payment or additional payment shall be the same as the priority date assigned to the original request for partial or final payment.
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(4) Any deductible, as determined pursuant to the
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| Office of the State Fire Marshal's eligibility and deductibility final determination in accordance with Section 57.9, shall be subtracted from any payment invoice paid to an eligible owner or operator. Only one deductible shall apply per underground storage tank site.
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(5) In the event that costs are or will be incurred
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| in addition to those approved by the Agency, or after payment, the owner or operator may submit successive plans containing amended budgets. The requirements of Section 57.7 shall apply to any amended plans.
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(6) For purposes of this Section, a complete
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| application shall consist of:
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(A) A certification from a Licensed Professional
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| Engineer or Licensed Professional Geologist as required under this Title and acknowledged by the owner or operator.
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(B) A statement of the amounts approved in the
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| budget and the amounts actually sought for payment along with a certified statement by the owner or operator that the amounts so sought were expended in conformance with the approved budget.
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(C) A copy of the Office of the State Fire
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| Marshal's eligibility and deductibility determination.
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(D) Proof that approval of the payment requested
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| will not result in the limitations set forth in subsection (g) of this Section being exceeded.
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(E) A federal taxpayer identification number and
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| legal status disclosure certification on a form prescribed and provided by the Agency.
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(F) If the Agency determined under subsection
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| (c)(3) of Section 57.7 of this Act that corrective action must include a project labor agreement, a certification from the owner or operator that the corrective action was (i) performed under a project labor agreement that meets the requirements of Section 25 of the Project Labor Agreements Act and (ii) implemented in a manner consistent with the terms and conditions of the Project Labor Agreements Act and in full compliance with all statutes, regulations, and Executive Orders as required under that Act and the Prevailing Wage Act.
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(b) Commencement of site investigation or corrective action upon
availability of funds.
The Board shall adopt regulations setting forth procedures based on risk to
human health or the environment under which the owner or operator who has
received approval for any budget plan submitted pursuant to Section
57.7, and who is eligible for payment from the Underground Storage Tank Fund
pursuant to an Office of the State Fire Marshal eligibility and deductibility
determination, may elect to defer site investigation or corrective action activities until funds are available
in
an amount equal to the amount approved in the budget. The regulations
shall establish criteria based on risk to human health or the environment to be
used for determining on a site-by-site basis whether deferral is appropriate.
The regulations also shall establish the minimum investigatory requirements for
determining whether the risk based criteria are present at a site considering
deferral and procedures for the notification of owners or operators of
insufficient funds, Agency review of request for deferral, notification of
Agency final decisions, returning deferred sites to active status, and
earmarking of funds for payment.
(c) When the owner or operator requests indemnification for payment of costs
incurred as a result of a release of petroleum from an underground storage
tank, if the owner or operator has satisfied the requirements of subsection (a)
of this Section, the Agency shall forward a copy of the request to the Attorney
General. The Attorney General shall review and approve the request for
indemnification if:
(1) there is a legally enforceable judgment entered
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| against the owner or operator and such judgment was entered due to harm caused by a release of petroleum from an underground storage tank and such judgment was not entered as a result of fraud; or
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(2) a settlement with a third party due to a release
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| of petroleum from an underground storage tank is reasonable.
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(d) Notwithstanding any other provision of this Title, the Agency shall not
approve payment to an owner or operator from the Fund for costs of corrective
action or indemnification incurred during a calendar year in excess of the
following aggregate amounts based on the number of petroleum underground
storage tanks owned or operated by such owner or operator in Illinois.
Amount
Number of Tanks
$2,000,000 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
fewer than 101
$3,000,000 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
101 or more
(1) Costs incurred in excess of the aggregate amounts
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| set forth in paragraph (1) of this subsection shall not be eligible for payment in subsequent years.
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(2) For purposes of this subsection, requests
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| submitted by any of the agencies, departments, boards, committees or commissions of the State of Illinois shall be acted upon as claims from a single owner or operator.
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(3) For purposes of this subsection, owner or
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| operator includes (i) any subsidiary, parent, or joint stock company of the owner or operator and (ii) any company owned by any parent, subsidiary, or joint stock company of the owner or operator.
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(e) Costs of corrective action or indemnification incurred by an owner or
operator which have been paid to an owner or operator under a policy of
insurance, another written agreement, or a court order are not eligible for
payment under this Section. An owner or operator who receives payment under a
policy of insurance, another written agreement, or a court order shall
reimburse the State to the extent such payment covers costs for which payment
was received from the Fund. Any monies received by the State under this
subsection (e) shall be deposited into the Fund.
(f) (Blank.)
(g) The Agency shall not approve any payment from the Fund to pay an owner
or operator:
(1) for costs of corrective action incurred by such
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| owner or operator in an amount in excess of $1,500,000 per occurrence; and
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(2) for costs of indemnification of such owner or
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| operator in an amount in excess of $1,500,000 per occurrence.
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(h) Payment of any amount from the Fund for corrective action or
indemnification shall be subject to the State acquiring by subrogation the
rights of any owner, operator, or other person to recover the costs of
corrective action or indemnification for which the Fund has compensated such
owner, operator, or person from the person responsible or liable for the
release.
(i) If the Agency refuses to pay or authorizes only
a partial payment, the affected owner or operator may petition the Board for a
hearing in the manner provided for the review of permit decisions in Section 40
of this Act.
(j) Costs of corrective action or indemnification incurred by an owner or
operator prior to July 28, 1989, shall not be eligible for payment or
reimbursement under this Section.
(k) The Agency shall not pay costs of corrective action or
indemnification incurred before providing notification of the release of
petroleum in accordance with the provisions of this Title.
(l) Corrective action does not include legal defense costs. Legal defense
costs include legal costs for seeking payment under this Title unless the owner
or operator prevails before the Board in which case the Board may authorize
payment of legal fees.
(m) The Agency may apportion payment of costs for plans submitted under
Section 57.7 if:
(1) the owner or operator was deemed eligible to
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| access the Fund for payment of corrective action costs for some, but not all, of the underground storage tanks at the site; and
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(2) the owner or operator failed to justify all costs
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| attributable to each underground storage tank at the site.
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(n) The Agency shall not pay costs associated with a corrective action
plan incurred after the Agency provides
notification to the owner or operator pursuant to item (7) of subsection (b) of
Section 57.7 that a revised corrective action plan
is required. Costs associated with any subsequently approved corrective action
plan shall be eligible for reimbursement if they
meet the requirements of this Title.
(Source: P.A. 98-109, eff. 7-25-13.)
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