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Illinois Compiled Statutes
Information maintained by the Legislative Reference Bureau Updating the database of the Illinois Compiled Statutes (ILCS) is an ongoing process. Recent laws may not yet be included in the ILCS database, but they are found on this site as Public Acts soon after they become law. For information concerning the relationship between statutes and Public Acts, refer to the Guide. Because the statute database is maintained primarily for legislative drafting purposes, statutory changes are sometimes included in the statute database before they take effect. If the source note at the end of a Section of the statutes includes a Public Act that has not yet taken effect, the version of the law that is currently in effect may have already been removed from the database and you should refer to that Public Act to see the changes made to the current law.
ENVIRONMENTAL SAFETY (415 ILCS 5/) Environmental Protection Act. 415 ILCS 5/57.2
(415 ILCS 5/57.2)
Sec. 57.2. Definitions. As used in this Title:
"Audit" means a systematic inspection or examination of plans, reports,
records, or documents to determine the completeness and accuracy of the data
and
conclusions contained therein.
"Bodily injury" means bodily injury, sickness, or disease sustained by a
person, including death at any time, resulting from a release of petroleum from
an underground storage tank.
"Release" means any spilling, leaking, emitting, discharging,
escaping, leaching or disposing of petroleum from an underground storage tank
into groundwater, surface water or subsurface soils.
"Fill material" means non-native or disturbed materials used to bed and
backfill around an underground storage tank.
"Fund" means the Underground Storage Tank Fund.
"Heating Oil" means petroleum that is No. 1, No. 2, No. 4 - light, No. 4 -
heavy, No. 5 - light, No. 5 - heavy or No. 6 technical grades of fuel oil; and
other residual fuel oils including Navy Special Fuel Oil and Bunker C.
"Indemnification" means indemnification of an owner or operator for the
amount of any judgment entered against the owner or operator in a court of law,
for the amount of any final order or determination made against the owner or
operator by an agency of State government or any subdivision thereof, or for
the amount of any settlement entered into by the owner or operator, if the
judgment, order, determination, or settlement arises out of bodily injury or
property damage suffered as a result of a release of petroleum from an
underground storage tank owned or operated by the owner or operator.
"Corrective action" means activities associated with compliance with the
provisions of Sections 57.6 and 57.7 of this Title.
"Occurrence" means an accident, including continuous or repeated exposure
to conditions, that results in a sudden or nonsudden release from an
underground storage tank.
When used in connection with, or when otherwise relating to, underground
storage tanks, the terms "facility", "owner", "operator", "underground storage
tank", "(UST)", "petroleum" and "regulated substance" shall have the meanings
ascribed to them in Subtitle I of the Hazardous and Solid Waste Amendments of
1984 (P.L. 98-616), of the Resource Conservation and Recovery Act of 1976 (P.L.
94-580); provided however that the term "underground storage tank" shall also
mean an underground storage tank used exclusively to store heating oil for
consumptive use on the premises where stored and which serves other than a farm
or residential unit; provided further however that the term "owner" shall also mean any person who has submitted to the Agency a written election to proceed under this Title and has acquired an ownership interest in a site on which one or more registered tanks have been removed, but on which corrective action has not yet resulted in the issuance of a "no further remediation letter" by the Agency pursuant to this Title.
"Licensed Professional Engineer" means a person, corporation, or
partnership licensed under the laws of the State of Illinois to practice
professional engineering.
"Licensed Professional Geologist" means a person licensed under the laws of
the State of Illinois to practice as a professional geologist.
"Site" means any single location, place, tract of land or parcel
of property including contiguous property not separated by a public
right-of-way.
"Site investigation" means activities associated with compliance with the
provisions of subsection (a) of Section 57.7.
"Property damage" means physical injury to, destruction of, or contamination
of tangible property, including all resulting loss of use of that property; or
loss of use of tangible property that is not physically injured, destroyed, or
contaminated, but has been evacuated, withdrawn from use, or rendered
inaccessible because of a release of petroleum from an underground storage
tank.
"Class I Groundwater" means groundwater that meets the Class I: Potable
Resource Groundwater criteria set forth in the Board regulations adopted
pursuant to the Illinois Groundwater Protection Act.
"Class III Groundwater" means groundwater that meets the Class III: Special
Resource Groundwater criteria set forth in the Board regulations adopted
pursuant to the Illinois Groundwater Protection Act.
(Source: P.A. 94-274, eff. 1-1-06.)
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415 ILCS 5/57.3
(415 ILCS 5/57.3)
Sec. 57.3.
Underground Storage Tank Program.
The General Assembly hereby
establishes the Illinois Leaking Underground Storage Tank Program (LUST
Program). The LUST Program shall be administered by the Office of the State
Fire Marshal and the Illinois Environmental Protection Agency.
(Source: P.A. 88-496.)
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415 ILCS 5/57.4
(415 ILCS 5/57.4)
Sec. 57.4.
State Agencies.
The Office of State Fire Marshal and the Illinois
Environmental Protection Agency shall administer the Leaking Underground
Storage Tank Program in accordance with the terms of this Title.
(Source: P.A. 88-496.)
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415 ILCS 5/57.5
(415 ILCS 5/57.5)
Sec. 57.5.
Underground Storage Tanks; removal; repair; abandonment.
(a) Notwithstanding the eligibility or the level of deductibility of an
owner or operator under the Underground Storage Tank Fund, any owner or
operator of an Underground Storage Tank may seek to remove or
abandon
such tank under the provisions of this Title. In order to be reimbursed under
Section 57.8, the owner or operator must comply with the provisions of this
Title. In no event will an owner or operator be reimbursed for any costs which
exceed the minimum requirements necessary to comply with this Title.
(b) Removal or abandonment of an Underground Storage
Tank must be
carried out in accordance with regulations adopted by the Office of State Fire
Marshal.
(c) The Office of the State Fire Marshal or a designated agent shall have an
inspector on site at the time of removal, abandonment, or such other times the
Office of State Fire Marshal deems appropriate. At such time, the inspector
shall, upon preliminary excavation of the tank site, render an opinion as to
whether a release of petroleum has occurred and, if so, the owner or operator
shall report the known or suspected release to the Illinois Emergency
Management
Agency. The owner or operator shall determine whether or not a release has
occurred in conformance with the regulations adopted by the Board and the
Office
of the State Fire Marshal. Except that if the opinion of the Office of the
State Fire
Marshal inspector is that a release of petroleum has occurred and the owner or
operator has reported the release to the Illinois Emergency Management Agency
within 24 hours of removal of the tank, no such determination is required under
this
subsection. In the event the owner or
operator
confirms the presence of a release of petroleum,
the
owner or operator shall comply with Section 57.6. The inspector
shall provide the
owner or operator, or a designated agent, with an "Eligibility and
Deductibility Determination" form. The Office of the State Fire Marshal shall
provide on-site assistance to the owner or operator or a designated agent with
regard to the eligibility and deductibility procedures as provided in Section
57.9. If the Office of the State Fire Marshal is not on site, the Office of
the State Fire Marshal shall provide the owner or operator with an "Eligibility
and Deductibility Determination" form within 15 days after receiving notice
that the confirmed release was reported by the owner or operator.
(d) In the event that a release of petroleum is confirmed under subsection
(c) of this Section, the owner or operator may elect to backfill the
preliminary excavation and proceed under Section 57.6.
(e) In the event that an Underground Storage Tank is found to be ineligible
for payment from the Underground Storage Tank Fund, the owner or operator shall
proceed under Sections 57.6 and 57.7.
(f) In the event that no release of petroleum is confirmed,
the owner or operator shall proceed to complete the removal
of the
underground storage tank, and when appropriate, dispose of the tank and
backfill the excavation or, in the alternate, abandon the underground storage
tank in place. Either option shall be in accordance with regulations adopted
by the Office of the State Fire Marshal. The owner or operator shall certify
to the Office of the State Fire Marshal that the tank removal or abandonment
was conducted in accordance with all applicable rules and regulations, and
the Office of the State Fire Marshal shall then issue a certificate of removal
or abandonment to the owner or operator.
If the Office of the State Fire Marshal fails to issue a certificate of
removal or abandonment within 30 days of receipt of the certification, the
certification shall be considered rejected by operation of law and a final
action appealable to the Board.
Nothing in this Title shall prohibit the Office of the State Fire Marshal from
making an independent inspection of the site and challenging the veracity of
the owner or operator certification.
(g) The owner or operator of an underground storage tank taken out of
operation before January 2, 1974, or an underground storage tank used
exclusively to store heating oil for consumptive use on the premises where
stored and which serves other than a farm or residential unit shall not be
required to remove or abandon in place such underground storage tank except in
the case in which the Office of the State Fire Marshal has determined that a
release from the underground storage tank poses a current or potential threat
to human health and the environment. In that case, and upon receipt of an
order from the Office of the State Fire Marshal, the owner or operator of such
underground storage tank shall conduct removal and, if necessary, site
investigation and corrective
action in accordance with this Title and regulations promulgated by the Office
of State Fire Marshal and the Board.
(h) In the event that a release of petroleum occurred between September
13, 1993, and August 1, 1994, for which the Office of the State Fire Marshal
issued a certificate of removal or abandonment based on its determination of
"no release" or "minor release," and the Office of the State Fire Marshal
subsequently has rescinded that determination and required a report of a
confirmed release to the Illinois Emergency Management Agency, the owner or
operator may be eligible for reimbursement for the costs of site
investigation and corrective action
incurred on or after the date of the release but prior to the notification of
the Illinois Emergency Management Agency. The date of the release shall be the
date of the initial inspection by the Office of the State Fire Marshal as
recorded in its inspection log. Eligibility and deductibility shall be
determined in accordance with this Title, the owner or operator must comply
with the provisions of this Act and its rules, and in no case shall the owner
or operator be reimbursed for costs exceeding the minimum requirements of this
Act and its rules.
(Source: P.A. 92-554, eff. 6-24-02.)
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415 ILCS 5/57.6
(415 ILCS 5/57.6)
Sec. 57.6.
Underground storage tanks; early action.
(a) Owners and operators of underground storage tanks shall, in response to
all confirmed releases, comply with all applicable statutory and regulatory
reporting and response requirements.
(b) Notwithstanding any other corrective action taken, an owner or operator
may, at a minimum, and prior to submission of any plans to the Agency, remove
the tank system or abandon the underground storage tank in
place, in
accordance with the regulations promulgated by the Office of the State Fire
Marshal. The owner or operator may also remove visibly contaminated fill
material and any groundwater in the excavation which exhibits a sheen.
For purposes of payment for early action costs, however, fill material shall
not be removed in an amount in excess of 4 feet
from the outside dimensions of the tank.
(Source: P.A. 92-554, eff. 6-24-02.)
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415 ILCS 5/57.7 (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
| | 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
| | 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
| | 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
| | 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,
| | including quality assurance.
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| (E) Documentation regarding the development of
| | 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
| | 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
| | 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
| | (F) Applicable preventive, engineering, and
| | institutional controls including long-term reliability, operating, and maintenance plans, and monitoring procedures.
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| (G) A schedule for implementation and completion
| | (3) Any owner or operator intending to seek payment
| | 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
| | 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
| | 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
| | 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
| | 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
| | 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,
| | 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
| | 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
| | 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
| | 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,
| | 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,
| | 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
| | 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
| | institutional controls in accordance with Board rules.
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| (iv) The use of on-site groundwater use
| | restrictions as institutional controls in accordance with Board rules.
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| (B) Any bidding process adopted under Board rules
| | 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
| | 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
| | 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
| | 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
| | 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
| | 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
| | 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
| | 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
| | 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,
| | 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
| | which may be violated if the plans were approved;
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| (B) an explanation of the provisions of the
| | 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
| | 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
| | 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
| | 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
| | (A) Any site investigation plan submitted
| | pursuant to subsection (a) of this Section;
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| (B) Any site investigation budget submitted
| | pursuant to subsection (a) of this Section;
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| (C) Any corrective action plan submitted pursuant
| | to subsection (b) of this Section; or
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| (D) Any corrective action plan budget submitted
| | 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,
| | 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
| | 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
(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
| | 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
| | 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
| | 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
| | 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
| | application shall consist of:
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(A) A certification from a Licensed Professional
| | 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
| | 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
| | Marshal's eligibility and deductibility determination.
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(D) Proof that approval of the payment requested
| | 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
| | legal status disclosure certification on a form prescribed and provided by the Agency.
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(F) If the Agency determined under subsection
| | (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
| | 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
| | 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
| | 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
| | 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
| | 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
| | 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
| | 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
| | 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
| | 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.)
|
415 ILCS 5/57.8a (415 ILCS 5/57.8a) Sec. 57.8a. Assignment of payments from the Underground Storage Tank Fund. (a) If the Agency has formed a priority list for payment under Section 57.8(a)(3) of this Act, an owner or operator on the priority list may assign to any bank, financial institution, lender, or other person that provides factoring or financing to an owner or operator or to a consultant of an owner or operator a full approved payment amount on the priority list for which the owner or operator is awaiting payment. The assignment must be made on an approved payment-by-approved payment basis and must be made on forms prescribed by the Agency. No assignment under this Section prevents or affects the right of the State Comptroller to make the deductions and off-sets provided in Section 10.05 of the State Comptroller Act. (b) The making of an assignment under this Section shall not affect an owner's or operator's right to appeal an Agency decision as provided in this Title. No assignee shall have a right to appeal an Agency decision as provided in this Title. (c) An owner's or operator's assignment under this Section is irrevocable and may be made to only one assignee. The State shall pay the assigned amount, subject to right of the State Comptroller to make the deductions and off-sets provided in Section 10.05 of the State Comptroller Act, to this one assignee only and shall not pay the assigned amount to any subsequent assignee of the one assignee. (d) The State and its officers and employees are discharged of all liability upon payment of the assigned amount to the assignee. The assignor and assignee shall hold harmless and indemnify the State and its officers and employees from all claims, actions, suits, complaints, and liabilities related to the assignment. (e) An assignee may use funds received for any purpose including, without limitation, paying principal, interest, or other costs due on any financing made by the assignee. To the extent an owner or operator incurs costs associated with making an assignment under this Section, the owner or operator may not seek reimbursement of those costs from the Fund.
(Source: P.A. 95-403, eff. 8-24-07.) |
415 ILCS 5/57.9
(415 ILCS 5/57.9)
Sec. 57.9. Underground Storage Tank Fund; eligibility and deductibility.
(a) The Underground Storage Tank Fund shall be accessible by owners and
operators who have a confirmed release from an underground storage tank or
related tank system of a substance listed in this Section. The owner or
operator is eligible to access the Underground Storage Tank Fund if the
eligibility requirements of this Title are satisfied and:
(1) Neither the owner nor the operator is the United | |
(2) The tank does not contain fuel which is exempt
| | from the Motor Fuel Tax Law.
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(3) The costs were incurred as a result of a
| | confirmed release of any of the following substances:
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(A) "Fuel", as defined in Section 1.19 of the
| |
(B) Aviation fuel.
(C) Heating oil.
(D) Kerosene.
(E) Used oil which has been refined from crude
| | oil used in a motor vehicle, as defined in Section 1.3 of the Motor Fuel Tax Law.
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|
(4) The owner or operator registered the tank and
| | paid all fees in accordance with the statutory and regulatory requirements of the Gasoline Storage Act.
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(5) The owner or operator notified the Illinois
| | Emergency Management Agency of a confirmed release, the costs were incurred after the notification and the costs were a result of a release of a substance listed in this Section. Costs of corrective action or indemnification incurred before providing that notification shall not be eligible for payment.
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|
(6) The costs have not already been paid to the owner
| | or operator under a private insurance policy, other written agreement, or court order.
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|
(7) The costs were associated with "corrective
| |
If the underground storage tank which experienced a
| | release of a substance listed in this Section was installed after July 28, 1989, the owner or operator is eligible to access the Underground Storage Tank Fund if it is demonstrated to the Office of the State Fire Marshal the tank was installed and operated in accordance with Office of the State Fire Marshal regulatory requirements. Office of the State Fire Marshal certification is prima facie evidence the tank was installed pursuant to the Office of the State Fire Marshal regulatory requirements.
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(b) For releases reported prior to the effective date of this amendatory Act of the 96th General Assembly, an owner or operator may access the Underground Storage Tank Fund for
costs associated with an Agency approved plan and the Agency shall approve the
payment of costs associated with corrective action after the
application of a $10,000 deductible, except in the following situations:
(1) A deductible of $100,000 shall apply when none of
| | the underground storage tanks were registered prior to July 28, 1989, except in the case of underground storage tanks used exclusively to store heating oil for consumptive use on the premises where stored and which serve other than farms or residential units, a deductible of $100,000 shall apply when none of these tanks were registered prior to July 1, 1992.
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|
(2) A deductible of $50,000 shall apply if any of the
| | underground storage tanks were registered prior to July 28, 1989, and the State received notice of the confirmed release prior to July 28, 1989.
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|
(3) A deductible of $15,000 shall apply when one or
| | more, but not all, of the underground storage tanks were registered prior to July 28, 1989, and the State received notice of the confirmed release on or after July 28, 1989.
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For releases reported on or after the effective date of this amendatory Act of the 96th General Assembly, an owner or operator may access the Underground Storage Tank Fund for costs associated with an Agency approved plan, and the Agency shall approve the payment of costs associated with corrective action after the application of a $5,000 deductible.
A deductible shall apply annually for each site at which costs were incurred
under a claim submitted pursuant to this Title, except that if corrective
action in response to an occurrence takes place over a period of more than one
year, in subsequent years, no deductible shall apply for costs incurred in
response to such occurrence.
(c) Eligibility and deductibility determinations shall be made by the Office
of the State Fire Marshal.
(1) When an owner or operator reports a confirmed
| | release of a regulated substance, the Office of the State Fire Marshal shall provide the owner or operator with an "Eligibility and Deductibility Determination" form. The form shall either be provided on-site or within 15 days of the Office of the State Fire Marshal receipt of notice indicating a confirmed release. The form shall request sufficient information to enable the Office of the State Fire Marshal to make a final determination as to owner or operator eligibility to access the Underground Storage Tank Fund pursuant to this Title and the appropriate deductible. The form shall be promulgated as a rule or regulation pursuant to the Illinois Administrative Procedure Act by the Office of the State Fire Marshal. Until such form is promulgated, the Office of State Fire Marshal shall use a form which generally conforms with this Act.
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(2) Within 60 days of receipt of the "Eligibility and
| | Deductibility Determination" form, the Office of the State Fire Marshal shall issue one letter enunciating the final eligibility and deductibility determination, and such determination or failure to act within the time prescribed shall be a final decision appealable to the Illinois Pollution Control Board.
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(Source: P.A. 96-908, eff. 6-8-10.)
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415 ILCS 5/57.10
(415 ILCS 5/57.10)
Sec. 57.10. Professional Engineer or Professional Geologist
certification; presumptions against liability.
(a) Within 120 days of the Agency's receipt of a
corrective action completion report, the Agency
shall issue to the owner or operator a "no further remediation letter" unless
the Agency has requested a modification, issued a rejection under
subsection (d) of this Section, or the report has been rejected by operation
of law.
(b) By certifying such a statement, a Licensed Professional Engineer or
Licensed Professional Geologist shall in no way be liable thereon, unless
the engineer or geologist gave such certification despite his or her actual
knowledge that the performed measures were not in compliance with applicable
statutory or regulatory requirements or any plan submitted to the Agency.
(c) The Agency's issuance of a no further remediation letter shall signify,
based on the certification of the Licensed Professional Engineer, that:
(1) all statutory and regulatory corrective action | | requirements applicable to the occurrence have been complied with;
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|
(2) all corrective action concerning the remediation
| | of the occurrence has been completed; and
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|
(3) no further corrective action concerning the
| | occurrence is necessary for the protection of human health, safety and the environment.
|
| This subsection (c) does not apply to off-site contamination related to the occurrence that has not been remediated due to denial of access to the off-site property.
(d) The no further remediation letter issued under this
Section
shall apply in favor of the following
parties:
(1) The owner or operator to whom the letter was
| |
(2) Any parent corporation or subsidiary of such
| |
(3) Any co-owner or co-operator, either by joint
| | tenancy, right-of-survivorship, or any other party sharing a legal relationship with the owner or operator to whom the letter is issued.
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(4) Any holder of a beneficial interest of a land
| | trust or inter vivos trust whether revocable or irrevocable.
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(5) Any mortgagee or trustee of a deed of trust of
| |
(6) Any successor-in-interest of such owner or
| |
(7) Any transferee of such owner or operator whether
| | the transfer was by sale, bankruptcy proceeding, partition, dissolution of marriage, settlement or adjudication of any civil action, charitable gift, or bequest.
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(8) Any heir or devisee or such owner or operator.
(9) An owner of a parcel of real property to the
| | extent that the no further remediation letter under subsection (c) of this Section applies to the occurrence on that parcel.
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(e) If the Agency notifies the owner or operator that the "no
further
remediation" letter has been rejected, the grounds for such rejection shall be
described in the notice. Such a decision shall be a final determination which
may be appealed by the owner or operator.
(f) The Board shall adopt rules setting forth the criteria under which the
Agency may require an owner or operator to conduct further investigation or
remediation related to a release for which a no further remediation letter
has been issued.
(g) Holders of security interests in sites subject to the requirements of
this Title XVI shall be entitled to the same protections and subject to the
same responsibilities provided under general regulations promulgated under
Subtitle I of the Hazardous and Solid Waste Amendments of 1984 (P.L. 98-616)
of the Resource Conservation and Recovery Act of 1976 (P.L. 94-580).
(Source: P.A. 94-276, eff. 1-1-06.)
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415 ILCS 5/57.11 (415 ILCS 5/57.11) Sec. 57.11. Underground Storage Tank Fund; creation. (a) There is hereby created in the State Treasury a special fund to be known as the Underground Storage Tank Fund. There shall be deposited into the Underground Storage Tank Fund all moneys received by the Office of the State Fire Marshal as fees for underground storage tanks under Sections 4 and 5 of the Gasoline Storage Act, fees pursuant to the Motor Fuel Tax Law, and beginning July 1, 2013, payments pursuant to the Use Tax Act, the Service Use Tax Act, the Service Occupation Tax Act, and the Retailers' Occupation Tax Act. All amounts held in the Underground Storage Tank Fund shall be invested at interest by the State Treasurer. All income earned from the investments shall be deposited into the Underground Storage Tank Fund no less frequently than quarterly. In addition to any other transfers that may be provided for by law, beginning on July 1, 2018 and on the first day of each month thereafter during fiscal years 2019 through 2025 only, the State Comptroller shall direct and the State Treasurer shall transfer an amount equal to 1/12 of $10,000,000 from the Underground Storage Tank Fund to the General Revenue Fund. Moneys in the Underground Storage Tank Fund, pursuant to appropriation, may be used by the Agency and the Office of the State Fire Marshal for the following purposes: (1) To take action authorized under Section 57.12 to | | recover costs under Section 57.12.
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| (2) To assist in the reduction and mitigation of
| | damage caused by leaks from underground storage tanks, including but not limited to, providing alternative water supplies to persons whose drinking water has become contaminated as a result of those leaks.
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| (3) To be used as a matching amount towards federal
| | assistance relative to the release of petroleum from underground storage tanks.
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| (4) For the costs of administering activities of the
| | Agency and the Office of the State Fire Marshal relative to the Underground Storage Tank Fund.
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| (5) For payment of costs of corrective action
| | incurred by and indemnification to operators of underground storage tanks as provided in this Title.
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| (6) For a total of 2 demonstration projects in
| | amounts in excess of a $10,000 deductible charge designed to assess the viability of corrective action projects at sites which have experienced contamination from petroleum releases. Such demonstration projects shall be conducted in accordance with the provision of this Title.
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| (7) Subject to appropriation, moneys in the
| | Underground Storage Tank Fund may also be used by the Department of Revenue for the costs of administering its activities relative to the Fund and for refunds provided for in Section 13a.8 of the Motor Fuel Tax Law.
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| (b) Moneys in the Underground Storage Tank Fund may, pursuant to appropriation, be used by the Office of the State Fire Marshal or the Agency to take whatever emergency action is necessary or appropriate to assure that the public health or safety is not threatened whenever there is a release or substantial threat of a release of petroleum from an underground storage tank and for the costs of administering its activities relative to the Underground Storage Tank Fund.
(c) Beginning July 1, 1993, the Governor shall certify to the State Comptroller and State Treasurer the monthly amount necessary to pay debt service on State obligations issued pursuant to Section 6 of the General Obligation Bond Act. On the last day of each month, the Comptroller shall order transferred and the Treasurer shall transfer from the Underground Storage Tank Fund to the General Obligation Bond Retirement and Interest Fund the amount certified by the Governor, plus any cumulative deficiency in those transfers for prior months.
(d) Except as provided in subsection (c) of this Section, the Underground Storage Tank Fund is not subject to administrative charges authorized under Section 8h of the State Finance Act that would in any way transfer any funds from the Underground Storage Tank Fund into any other fund of the State.
(e) Each fiscal year, subject to appropriation, the Agency may commit up to $10,000,000 of the moneys in the Underground Storage Tank Fund to the payment of corrective action costs for legacy sites that meet one or more of the following criteria as a result of the underground storage tank release: (i) the presence of free product, (ii) contamination within a regulated recharge area, a wellhead protection area, or the setback zone of a potable water supply well, (iii) contamination extending beyond the boundaries of the site where the release occurred, or (iv) such other criteria as may be adopted in Agency rules.
(1) Fund moneys committed under this subsection (e)
| | shall be held in the Fund for payment of the corrective action costs for which the moneys were committed.
|
| (2) The Agency may adopt rules governing the
| | commitment of Fund moneys under this subsection (e).
|
| (3) This subsection (e) does not limit the use of
| | Fund moneys at legacy sites as otherwise provided under this Title.
|
| (4) For the purposes of this subsection (e), the term
| | "legacy site" means a site for which (i) an underground storage tank release was reported prior to January 1, 2005, (ii) the owner or operator has been determined eligible to receive payment from the Fund for corrective action costs, and (iii) the Agency did not receive any applications for payment prior to January 1, 2010.
|
| (f) Beginning July 1, 2013, if the amounts deposited into the Fund from moneys received by the Office of the State Fire Marshal as fees for underground storage tanks under Sections 4 and 5 of the Gasoline Storage Act and as fees pursuant to the Motor Fuel Tax Law during a State fiscal year are sufficient to pay all claims for payment by the fund received during that State fiscal year, then the amount of any payments into the fund pursuant to the Use Tax Act, the Service Use Tax Act, the Service Occupation Tax Act, and the Retailers' Occupation Tax Act during that State fiscal year shall be deposited as follows: 75% thereof shall be paid into the State treasury and 25% shall be reserved in a special account and used only for the transfer to the Common School Fund as part of the monthly transfer from the General Revenue Fund in accordance with Section 8a of the State Finance Act.
(Source: P.A. 102-16, eff. 6-17-21; 102-699, eff. 4-19-22; 103-8, eff. 6-7-23; 103-588, eff. 6-5-24.)
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415 ILCS 5/57.12
(415 ILCS 5/57.12)
Sec. 57.12.
Underground storage tanks; enforcement; liability.
(a) Notwithstanding any other provision or rule of law, the owner or
operator, or both, of an underground storage tank shall be liable for all costs
of investigation, preventive action, corrective action and enforcement action
incurred by the State of Illinois resulting from an underground storage tank.
Nothing in this Section shall affect or modify in any way:
(1) The obligations or liability of any person under | | any other provision of this Act or State or federal law, including common law, for damages, injury or loss resulting from a release or substantial threat of a release as described above; or
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(2) the liability of any person under this Section
| | for costs incurred by the State of Illinois for preventive action, corrective action and enforcement action that are not paid with monies from the Underground Storage Tank Fund.
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(b) Nothing in this Section shall affect or modify in any way the
obligations or liability of any person under any other provision of this Act or
State or federal law, including common law, to investigate, respond to,
remediate, or clean up a release of a regulated substance from an underground
storage tank.
(c) The Agency has the authority to do either of the following:
(1) Provide notice to the owner or operator, or both,
| | of an underground storage tank whenever there is a release or substantial threat of a release of petroleum from such tank. Such notice shall include the identified investigation or response action and an opportunity for the owner or operator, or both, to perform the response action.
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(2) Undertake investigative, preventive or corrective
| | action whenever there is a release or a substantial threat of a release of petroleum from an underground storage tank.
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(d) If notice has been provided under this Section, the Agency has the
authority to require the owner or operator, or both, of an underground storage
tank to undertake preventive or corrective action whenever there is a release
or substantial threat of a release of petroleum from such tank.
(e) The Director of the Agency is authorized to enter into such contracts
and agreements as may be necessary, and as expeditiously as necessary, to carry
out the Agency's duties or responsibilities under this Title.
(f) (1) The owner or operator, or both, of an underground storage tank may
be liable to the State of Illinois for punitive damages in an amount at least
equal to, and not more than 3 times, the amount of any costs incurred
by the
State as a result of the State's response to a release or a substantial threat
of a release of petroleum from the underground storage tank if the owner or
operator failed, without sufficient cause, to respond to a release or a
substantial threat of a release of a regulated substance from the underground
storage tank upon, or in accordance with, a notice issued by the Agency under
this Section.
(2) The punitive damages imposed under this subsection (f) shall be in
addition to any costs recovered from that person pursuant to this Section and
in addition to any other penalty or relief provided by this Act, or any other
law.
(g) The standard of liability under this Section is the standard of
liability under Section 22.2(f) of this Act.
(h) Neither the State of Illinois, nor the Director of the Agency, nor any
State employee shall be liable for any damages or injuries arising out of or
resulting from any action taken under this Section.
(i) The costs and damages provided for in this Section may be imposed by the
Board or the Circuit Court in an action brought before the Board or the Circuit
Court in accordance with Title VIII of this Act, except that Section 33(c) of
this Act shall not apply to the action. Costs recovered pursuant to this
Section shall be deposited in the fund from which the monies were expended.
Damages recovered under this Section shall be deposited in the
Underground Storage Tank Fund.
(Source: P.A. 88-496; 89-428, eff. 1-1-96; 89-457, eff. 5-22-96.)
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415 ILCS 5/57.12A
(415 ILCS 5/57.12A)
Sec. 57.12A.
Lender liability; definitions.
(a) Notwithstanding any other provision or rule of law, the term "owner"
or "operator" does not include a holder who, without participating in the
management of a facility, underground storage tank, or underground storage tank
system, holds any indicia of ownership primarily to protect its
security interest in the facility, underground storage tank, or underground
storage tank system.
(b) As used in this Section, and notwithstanding any other provision or rule
of law:
(1) "Underground Storage Tank technical standards" | | refers to the underground storage tank preventative and operating requirements under the rules promulgated under subsection (a) of Section 57.1 of this Title.
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(2) Petroleum production, refining, and marketing.
(A) "Petroleum production" means the production
| | of crude oil or other forms of petroleum as well as the production of petroleum products from purchased materials.
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|
(B) "Petroleum refining" means the cracking,
| | distillation, separation, conversion, upgrading, and finishing of refined petroleum or petroleum products.
|
|
(C) "Petroleum marketing" means the distribution,
| | transfer, or sale of petroleum or petroleum products for wholesale or retail purposes.
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|
(3) "Indicia of ownership" means evidence of a
| | secured interest, evidence of an interest in a security interest, or evidence of an interest in real or personal property securing a loan or other obligation, including any legal or equitable title to real or personal property acquired incident to foreclosure or its equivalents. Evidence of such interests includes, but is not limited to, mortgages, deeds of trust, liens, surety bonds, and guarantees of obligations, title held pursuant to a lease financing transaction in which the lessor does not select initially the leased property (lease financing transaction), legal or equitable title obtained pursuant to foreclosure, and their equivalents. Evidence of such interests also includes assignments, pledges, or other rights to or other forms of encumbrance against property that are held primarily to protect a security interest. A person is not required to hold title or a security interest in order to maintain indicia of ownership.
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(4) A "holder" is a person who maintains indicia of
| | ownership (as defined in item (3) of subsection (b)) primarily to protect a security interest (as defined in item (6)(A) of subsection (b)) in a petroleum underground storage tank or underground storage tank system. "Holder" includes the initial holder; any subsequent holder; a guarantor of an obligation; a surety; any other person who holds ownership indicia primarily to protect a security interest; or a receiver or other person who acts on behalf or for the benefit of a holder.
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(5) A "borrower", "debtor", or "obligor" is a person
| | whose underground storage tank or underground storage tank system is encumbered by a security interest. These terms may be used interchangeably.
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|
(6) "Primarily to protect a security interest" means
| | that the holder's indicia of ownership are held primarily for the purpose of securing payment or performance of an obligation.
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|
(A) "Security interest" means an interest in a
| | petroleum underground storage tank or underground storage tank system or in the facility or property on which the underground storage tank or underground storage tank system is located, created, or established for the purpose of securing a loan or other obligation. Security interests include but are not limited to mortgages, deeds of trusts, liens, and title pursuant to lease financing transactions. Security interests may also arise from transactions such as sale and leasebacks, conditional sales, installment sales, trust receipt transactions, certain assignments, factoring agreements, accounts receivable financing arrangements, and consignments, if the transaction creates or establishes an interest in an underground storage tank or underground storage tank system or in the facility or property on which the underground storage tank or underground storage tank system is located, for the purpose of securing a loan or other obligation.
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(B) "Primarily to protect a security interest",
| | as used in this Section, does not include indicia of ownership held primarily for investment purposes, nor ownership indicia held primarily for purposes other than as protection for a security interest. A holder may have other, secondary reasons for maintaining indicia of ownership, but the primary reason why ownership indicia are held must be as protection for a security interest.
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(c) Participation in management.
The term "participating in the management
of an underground storage tank or underground storage tank system" means that
the holder is engaging in acts of petroleum underground storage tank or
underground storage tank system management, as defined herein.
(1) Actions that are participation in management
| |
Participation in the management of an underground
| | storage tank or underground storage tank system means, for purposes of this Section, actual participation in the management or control of decision making related to the underground storage tank or underground storage tank system by the holder and does not include the mere capacity or ability to influence or the unexercised right to control underground storage tank or underground storage tank system operations. A holder is participating in management, while the borrower is still in possession of the underground storage tank or underground storage tank system encumbered by the security interest, only if the holder either:
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(A) exercises decision making control over the
| | borrower's environmental compliance, such that the holder has undertaken responsibility for the borrower's underground storage tank or underground storage tank system management; or
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|
(B) exercises control at a level comparable to
| | that of a manager of the borrower's enterprise, such that the holder has assumed or manifested responsibility for the overall management of the enterprise encompassing the day-to-day decision making of the enterprise with respect to (i) environmental compliance, or (ii) all, or substantially all, of the operational (as opposed to financial or administrative) aspects of the enterprise other than environmental compliance.
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(2) Actions that are not participation in management
| |
(A) Actions at the inception of the loan or other
| | transaction. No act or omission prior to the time that indicia of ownership are held primarily to protect a security interest constitutes evidence of participation in management within the meaning of this Section. A prospective holder who undertakes or requires an environmental investigation of the underground storage tank or underground storage tank system in which indicia of ownership are to be held or requires a prospective borrower to clean up contamination from the underground storage tank or underground storage tank system or to comply or come into compliance with any applicable law or regulation is not by that action considered to be participating in the management of the underground storage tank or underground storage tank system.
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(B) Loan policing and workout. Actions that are
| | consistent with holding ownership indicia primarily to protect a security interest do not constitute participation in management for purposes of this Section. The authority for the holder to take such actions may, but need not, be contained in contractual or other documents specifying requirements for financial, environmental, and other warranties, covenants, conditions, representations, or promises from the borrower. Loan policing and workout activities cover and include all such activities up to foreclosure or its equivalents, exclusive of any activities that constitute participation in management.
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(i) Policing the security interest or loan. A
| | holder who engages in policing activities prior to foreclosure shall remain within the exemption provided that the holder does not by such actions participate in the management of the underground storage tank or underground storage tank system as provided in item (1) of subsection (c). Such actions include, but are not limited to, requiring the borrower to clean up contamination from the underground storage tank or underground storage tank system during the term of the security interest; requiring the borrower to comply or come into compliance with applicable federal, State, and local environmental and other laws, rules, and regulations during the term of the security interest; securing or exercising authority to monitor or inspect the underground storage tank or underground storage tank system in which indicia of ownership are maintained or the borrower's business or financial condition during the term of the security interest; or taking other actions to adequately police the loan or security interest (such as requiring a borrower to comply with any warranties, covenants, conditions, representation, or promises from the borrower).
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(ii) Loan workout. A holder who engages in
| | workout activities prior to foreclosure or its equivalents will remain within the exemption of this Section provided that the holder does not by such action participate in the management of the underground storage tank or underground storage tank system as provided in item (1) of subsection (c). For purposes of this Section, "workout" refers to those actions by which a holder, at any time prior to foreclosure or its equivalents, seeks to prevent, cure, or mitigate a default by the borrower or obligor; or to preserve, or prevent the diminution of, the value of the security. Workout activities include, but are not limited to, restructuring or renegotiating the terms of the security interest; requiring payment of additional rent or interest; exercising forbearance; requiring or exercising rights under an assignment of accounts or other amounts owing to an obligor; requiring or exercising rights under an escrow agreement pertaining to amounts owing to an obligor; providing specific or general financial or other advice, suggestions, counseling, or guidance; and exercising any right or remedy the holder is entitled to by law or under any warranties, covenants, conditions, representations, or promises from the borrower.
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(3) Foreclosure on an underground storage tank or
| | underground storage tank system and participation in management activities; post-foreclosure.
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(A) Foreclosure. Indicia of ownership that are
| | held primarily to protect a security interest include legal or equitable title acquired through or incident to foreclosure or its equivalents. For purposes of this Section, the term foreclosure or its equivalents includes purchase at foreclosure sale; acquisition or assignment of title in lieu of foreclosure; termination of a lease or other repossession; acquisition of a right to title or possession; an agreement in satisfaction of the obligation; or any other formal or informal manner by which the holder acquires title to or possession of the secured underground storage tank or underground storage tank system. The indicia of ownership held after foreclosure continues to be maintained primarily as protection for a security interest provided that the holder undertakes to sell, re-lease an underground storage tank or underground storage tank system held pursuant to a lease financing transaction, or otherwise divest itself or the underground storage tank or underground storage tank system in a reasonably expeditious manner, using whatever commercially reasonable means are relevant or appropriate with respect to the underground storage tank or underground storage tank system, taking all facts and circumstances into consideration, and provided that the holder did not participate in management, as defined in item (1) of subsection (c), prior to foreclosure or its equivalents. For purposes of establishing that a holder is seeking to sell, re-lease an underground storage tank or underground storage tank system held pursuant to a lease financing transaction, or divest an underground storage tank or underground storage tank system in a reasonably expeditious manner, the holder may use whatever commercially reasonable means as are relevant or appropriate with respect to the underground storage tank or underground storage tank system, or may employ the means specified in item (3)(B) of subsection (c). A holder that outbids, rejects, or fails to act upon a written bona fide, firm offer of fair consideration for the underground storage tank or underground storage tank system, as provided in item (3)(B) of subsection (b), is not considered to hold indicia of ownership primarily to protect a security interest.
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(B) Holding foreclosed property for disposition and
| | liquidation. A holder who did not participate in management prior to foreclosure or its equivalents may sell, re-lease an underground storage tank or underground storage tank system held pursuant to a lease financing transaction, liquidate, wind up operations, and take measures to preserve, protect, or prepare the secured underground storage tank or underground storage tank system prior to sale or other disposition. The holder may conduct these activities without voiding the exemption, subject to the requirements of this Section.
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(i) A holder establishes that the ownership
| | indicia maintained following foreclosure or its equivalents continue to be held primarily to protect a security interest by listing, within 12 months from the time that the holder acquires marketable title, the underground storage tank or underground storage tank system or the facility or property on which the underground storage tank or underground storage tank system is located, with a broker, dealer, or agent who deals with the type of property in question or by advertising the underground storage tank or underground storage tank system as being for sale or disposition on at least a monthly basis in either a real estate publication or a trade or other publication suitable for the underground storage tank or underground storage tank system in question, or a newspaper of general circulation (defined as one with a circulation over 10,000, or one suitable under any applicable federal, State, or local rules of court for publication required by court order or rules of civil procedure) covering the area in which the underground storage tank or underground storage tank system is located.
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If the holder fails to act diligently to acquire
| | marketable title, the 12 month period begins to run on the date of the judgment of foreclosure or its equivalents.
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(ii) A holder that outbids, rejects, or fails to
| | act upon an offer of fair consideration for the underground storage tank or underground storage tank system or the facility or property on which the underground storage tank or underground storage tank system is located establishes by such outbidding, rejection, or failure to act, that the ownership indicia in the secured underground storage tank or underground storage tank system are not held primarily to protect the security interest, unless the holder is required, in order to avoid liability under federal or State law, to make a higher bid, to obtain a higher offer, or to seek or obtain an offer in a different manner.
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(A) "Fair consideration", in the case of a holder
| | maintaining indicia of ownership primarily to protect a senior security interest in the underground storage tank or underground storage tank system, is the value of the security interest as defined in this item (3)(B)(iii)(A) of subsection (c). The value of the security interest is calculated as an amount equal to or in excess of the sum of the outstanding principal, or comparable amount in the case of a lease that constitutes a security interest, owed to the holder immediately preceding the acquisition of full title (or possession in the case of an underground storage tank or underground storage tank system subject to a lease financing transaction) pursuant to foreclosure or its equivalents, plus any unpaid interest, rent, or penalties (whether arising before or after foreclosure or its equivalents), plus all reasonable and necessary costs, fees, or other charges incurred by the holder incident to workout, foreclosure or its equivalent, retention, preserving, protecting, and preparing the underground storage tank or underground storage tank system prior to sale, re-lease of an underground storage tank or underground storage tank system held pursuant to a lease financing transaction or other disposition plus environmental investigation and corrective action costs incurred under any federal, State or local rule or regulation less any amounts received by the holder in connection with any partial disposition of the property and any amounts paid by the borrower subsequent to the acquisition of full title (or possession in the case of an underground storage tank or underground storage tank system subject to a lease financing transaction) pursuant to foreclosure or its equivalents. In the case of a holder maintaining indicia of ownership primarily to protect a junior security interest, fair consideration is the value of all outstanding higher priority security interests plus the value of the security interest held by the junior holder, each calculated as set forth in the preceding sentence.
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(B) "Outbids, rejects, or fails to act upon an offer
| | of fair consideration" means that the holder outbids, rejects, or fails to act upon within 90 days of receipt of a written, bona fide, firm offer of fair consideration for the underground storage tank or underground storage tank system received at any time after 6 months following foreclosure or its equivalents. A "written, bona fide, firm offer" means a legally enforceable, commercially reasonable, cash offer solely for foreclosed underground storage tank or underground storage tank system, including all material terms of the transaction, from a ready, willing, and able purchaser who demonstrates to the holder's satisfaction the ability to perform. For purposes of this provision, the 6 month period begins to run from the time that the holder acquires marketable title; otherwise, provided that the holder, after the expiration of any redemption or other waiting period provided by law, acted diligently to acquire marketable title; otherwise, the 6 month period begins to run on the date of foreclosure or its equivalents.
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(d) Ownership of an underground storage tank and underground storage tank
system.
(1) Ownership of an underground storage tank or
| | underground storage tank system for purposes of corrective action. A holder is not an "owner" of a petroleum underground storage tank or underground storage tank system for purposes of compliance with the corrective action requirements of Section 57.12 of this Act, provided the person:
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(A) does not participate in the management of the
| | underground storage tank or underground storage tank system as defined in subsection (c); and
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(B) does not engage in petroleum production,
| |
(2) Ownership of an underground storage tank or
| | underground storage tank system for purposes of the underground storage tank technical standards. A holder is not an owner of a petroleum underground storage tank or underground storage tank system for purposes of the underground storage tank technical standards provided that the holder:
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(A) does not participate in the management of the
| | underground storage tank or underground storage tank system as defined in subsection (c); and
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(B) does not engage in petroleum production,
| |
(e) Operating an underground storage tank or underground storage tank
system.
(1) Operating an underground storage tank or
| | underground storage tank system prior to foreclosure. A holder, prior to foreclosure or its equivalents, is not an operator of a petroleum underground storage tank or underground storage tank system for purposes of compliance with the corrective action requirements of Section 57.12 of this Act, or any other provision of this Act or of State or federal law, provided the holder is not in control of or does not have responsibility for the daily operation of the underground storage tank or underground storage tank system.
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(2) Operating an underground storage tank or
| | underground storage tank system after foreclosure.
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(A) A holder who has not participated in management
| | prior to foreclosure and who acquires a petroleum underground storage tank or underground storage tank system through foreclosure or its equivalents is not an operator of the underground storage tank or underground storage tank system for purposes of compliance with the corrective action requirements under Section 57.12 of this Act, or any other provision of this Act or of State or federal law, provided that the holder within 15 days following foreclosure or its equivalents, empties all of its underground storage tanks and underground storage tank systems so that no more than 2.5 centimeters (one inch) of residue, or 0.3% by weight of the total capacity of the underground storage tank system, remains in the system; leaves vent lines open and functioning; and caps and secures all other lines, pumps, manways, and ancillary equipment.
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(B) In addition, the holder shall either:
(i) "permanently" close the underground storage
| | tank or underground storage tank system in accordance with the regulations of the Office of the State Fire Marshal (41 Illinois Administrative Code Part 170, as amended); or
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(ii) "temporarily" close the underground storage
| | tank or underground storage tank system in accordance with the applicable provisions of the regulations of the Office of the State Fire Marshal (41 Illinois Administrative Code Part 170.620 and 170.670, as amended).
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(C) A holder who acquires a petroleum underground
| | storage tank or underground storage tank system through foreclosure or its equivalents is not an "operator" of the underground storage tank or underground storage tank system for purposes of this Act, the first 15 days following foreclosure or its equivalents, provided the holder complies with item (2) of Section (e).
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(f) Actions taken to protect human health and the environment. A holder is
not considered to be an operator of an underground storage tank
or underground storage tank system or to be participating in the management of
an underground storage tank or underground storage tank system solely on the
basis of undertaking actions under a federal or State law or regulation,
provided that the holder does not otherwise participate in the management or
daily operation of the underground storage tank or underground storage tank
system. Such actions include, but are not limited to, release reporting,
release response and corrective action, temporary or permanent closure of an
underground storage tank or underground storage tank system, underground
storage tank upgrading or replacement, and maintenance of corrosion
protection. A holder who undertakes these
actions must do so in compliance with the applicable requirements of this Act.
(g) Financial responsibility. A holder is exempt from the requirement to
demonstrate financial responsibility under any State law or rule, provided the
holder:
(1) does not participate in the management of the
| | underground storage tank or underground storage tank system as defined in subsection (c);
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(2) does not engage in petroleum production,
| | refining, and marketing as defined in item (2) of subsection (b); and
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(3) complies with the requirements of subsection (e).
(Source: P.A. 89-200, eff. 1-1-96; 89-626, eff. 8-9-96.)
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415 ILCS 5/57.13 (415 ILCS 5/57.13) Sec. 57.13. Underground Storage Tank Program; transition. This Title applies to all underground storage tank releases for which a No Further Remediation Letter is issued on or after the effective date of this amendatory Act of the 96th General Assembly, provided that (i) costs incurred prior to the effective date of this amendatory Act shall be payable from the UST Fund in the same manner as allowed under the law in effect at the time the costs were incurred and (ii) releases for which corrective action was completed prior to the effective date of this amendatory Act shall be eligible for a No Further Remediation Letter in the same manner as allowed under the law in effect at the time the corrective action was completed. (Source: P.A. 95-331, eff. 8-21-07; 96-908, eff. 6-8-10.) |
415 ILCS 5/57.14
(415 ILCS 5/57.14)
Sec. 57.14.
(Repealed).
(Source: P.A. 91-357, eff. 7-29-99. Repealed by P.A.
91-798, eff. 7-9-00.)
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415 ILCS 5/57.14A
(415 ILCS 5/57.14A)
Sec. 57.14A.
Rules.
(a) The Agency shall propose and the Board shall adopt amendments to the
rules
governing the administration of this
Title to make the rules consistent with the provisions herein.
(b) Until such time as the amended rules required under this Section
take effect, the Agency shall administer this Title in accordance with the
provisions herein.
(Source: P.A. 92-554, eff. 6-24-02.)
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415 ILCS 5/57.15
(415 ILCS 5/57.15)
Sec. 57.15.
Authority to audit.
The Agency has the authority to audit all
data, reports, plans, documents and budgets submitted pursuant to this Title.
If the data, report, plan, document or budget audited by the Agency pursuant to
this Section fails to conform to all applicable requirements of this Title, the
Agency may take appropriate actions.
(Source: P.A. 88-496.)
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415 ILCS 5/57.16
(415 ILCS 5/57.16)
Sec. 57.16.
Severability.
The provisions of this Title are severable under
Section 1.31 of the Statute on Statutes.
(Source: P.A. 88-496.)
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415 ILCS 5/57.17
(415 ILCS 5/57.17)
Sec. 57.17. (Repealed).
(Source: P.A. 88-496. Repealed by P.A. 98-822, eff. 8-1-14.)
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415 ILCS 5/57.18 (415 ILCS 5/57.18) Sec. 57.18. Additional remedial action required by change in law; Agency's duty to propose amendment. If a change in State or federal law requires additional remedial action in response to releases for which No Further Remediation Letters have been issued, the Agency shall propose in the next convening of a regular session of the current General Assembly amendments to this Title to allow owners and operators to perform the additional remedial action and seek payment from the Fund for the costs of the action.
(Source: P.A. 96-908, eff. 6-8-10.) |
415 ILCS 5/57.19 (415 ILCS 5/57.19) Sec. 57.19. Costs incurred after the issuance of a No Further Remediation Letter. The following shall be considered corrective action activities eligible for payment from the Fund even when an owner or operator conducts these activities after the issuance of a No Further Remediation Letter. Corrective action conducted under this Section and costs incurred under this Section must comply with the requirements of this Title and Board rules adopted under this Title. (1) Corrective action to achieve residential property | | remediation objectives if the owner or operator demonstrates that property remediated to industrial/commercial property remediation objectives pursuant to subdivision (c)(3)(A)(ii) of Section 57.7 of this Act is being developed into residential property.
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| (2) Corrective action to address groundwater
| | contamination if the owner or operator demonstrates that action is necessary because a groundwater ordinance used as an institutional control pursuant to subdivision (c)(3)(A)(iii) of Section 57.7 of this Act can no longer be used as an institutional control.
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| (3) Corrective action to address groundwater
| | contamination if the owner or operator demonstrates that action is necessary because an on-site groundwater use restriction used as an institutional control pursuant to subdivision (c)(3)(A)(iv) of Section 57.7 of this Act must be lifted in order to allow the installation of a potable water supply well due to public water supply service no longer being available for reasons other than an act or omission of the owner or operator.
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| (4) The disposal of soil that does not exceed
| | industrial/commercial property remediation objectives, but that does exceed residential property remediation objectives, if industrial/commercial property remediation objectives were used pursuant to subdivision (c)(3)(A)(ii) of Section 57.7 of this Act and the owner or operator demonstrates that (i) the contamination is the result of the release for which the owner or operator is eligible to seek payment from the Fund and (ii) disposal of the soil is necessary as a result of construction activities conducted after the issuance of a No Further Remediation Letter on the site where the release occurred, including, but not limited to, the following: tank, line, or canopy repair, replacement, or removal; building upgrades; sign installation; and water or sewer line replacement.
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| (5) The disposal of water exceeding groundwater
| | remediation objectives that is removed from an excavation on the site where the release occurred if a groundwater ordinance is used as an institutional control pursuant to subdivision (c)(3)(A)(iii) of Section 57.7 of this Act, or if an on-site groundwater use restriction is used as an institutional control pursuant to subdivision (c)(3)(A)(iv) of Section 57.7, and the owner or operator demonstrates that (i) the excavation is located within the measured or modeled extent of groundwater contamination resulting from the release for which the owner or operator is eligible to seek payment from the Fund and (ii) disposal of the groundwater is necessary as a result of construction activities conducted after the issuance of a No Further Remediation Letter on the site where the release occurred, including, but not limited to, the following: tank, line, or canopy repair, replacement, or removal; building upgrades; sign installation; and water or sewer line replacement.
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(Source: P.A. 96-908, eff. 6-8-10.)
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415 ILCS 5/Tit. XVII
(415 ILCS 5/Tit. XVII heading)
TITLE XVII:
SITE REMEDIATION PROGRAM
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415 ILCS 5/58
(415 ILCS 5/58)
Sec. 58.
Intent.
It is the intent of this Title:
(1) To establish a risk-based system of remediation | | based on protection of human health and the environment relative to present and future uses of the site.
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(2) To assure that the land use for which remedial
| | action was undertaken will not be modified without consideration of the adequacy of such remedial action for the new land use.
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(3) To provide incentives to the private sector to
| | undertake remedial action.
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(4) To establish expeditious alternatives for the
| | review of site investigation and remedial activities, including a privatized review process.
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(5) To assure that the resources of the Hazardous
| | Waste Fund are used in a manner that is protective of human health and the environment relative to present and future uses of the site and surrounding area.
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(6) To provide assistance to units of local
| | government for remediation of properties contaminated or potentially contaminated by commercial, industrial, or other uses, to provide loans for the redevelopment of brownfields, and to establish and provide for the administration of the Brownfields Redevelopment Fund.
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(Source: P.A. 90-123, eff.
7-21-97; 91-36, eff. 6-15-99.)
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415 ILCS 5/58.1
(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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415 ILCS 5/58.2
(415 ILCS 5/58.2)
Sec. 58.2. Definitions. The following words and phrases when used in this
Title shall have the meanings given to them in this Section unless the context
clearly indicates otherwise:
"Agrichemical facility" means a site on which agricultural pesticides are
stored or handled, or both, in preparation for end use, or distributed. The
term does not include basic manufacturing facility sites.
"ASTM" means the American Society for Testing and Materials.
"Area background" means concentrations of regulated substances that are
consistently present in the environment in the vicinity of a site that are the
result of natural conditions or human activities, and not the result solely of
releases at the site.
"Brownfields site" or "brownfields" means a parcel of real property, or a
portion of the parcel, that has actual or perceived contamination and an
active potential for redevelopment.
"Class I groundwater" means groundwater that meets the Class I Potable
Resource groundwater criteria set forth in the Board rules adopted under the
Illinois Groundwater Protection Act.
"Class III groundwater" means groundwater that meets the Class III Special
Resource Groundwater criteria set forth in the Board rules adopted under the
Illinois Groundwater Protection Act.
"Carcinogen" means a contaminant that is classified as a Category A1 or A2
Carcinogen by the American Conference of Governmental Industrial Hygienists; or
a Category 1 or 2A/2B Carcinogen by the World Health Organizations
International Agency for Research on Cancer; or a "Human Carcinogen" or
"Anticipated Human Carcinogen" by the United States Department of Health and
Human Service National Toxicological Program; or a Category A or B1/B2
Carcinogen by the United States Environmental Protection Agency in Integrated
Risk Information System or a Final Rule issued in a Federal Register notice by
the USEPA as of the effective date of this amendatory Act of 1995.
"Licensed Professional Engineer" (LPE) means a person, corporation, or
partnership licensed under the laws of this State to practice professional
engineering.
"Licensed Professional Geologist" means a person licensed under the laws of
the State of Illinois to practice as a professional geologist.
"RELPEG" means a Licensed Professional Engineer or a Licensed Professional
Geologist engaged in review and evaluation under this Title.
"Man-made pathway" means constructed routes that may allow for the
transport of regulated substances including, but not limited to, sewers,
utility lines, utility vaults, building foundations, basements, crawl spaces,
drainage ditches, or previously excavated and filled areas.
"Municipality" means an incorporated city, village, or town in this State.
"Municipality" does not mean a township, town when that term is used as the
equivalent of a
township, incorporated town that has superseded a civil township, county,
or school district, park district, sanitary district, or similar governmental
district.
"Natural pathway" means natural routes for the transport of regulated
substances including, but not limited to, soil, groundwater, sand seams and
lenses, and gravel seams and lenses.
"Person" means individual, trust, firm, joint stock company, joint venture,
consortium, commercial entity, corporation (including a government
corporation), partnership, association, State, municipality, commission,
political subdivision of a State, or any interstate body including the United
States Government and each department, agency, and instrumentality of the
United States.
"Regulated substance" means any hazardous substance as defined under Section
101(14) of the Comprehensive Environmental Response, Compensation, and
Liability Act of 1980 (P.L. 96-510) and petroleum products including crude oil
or any fraction thereof, natural gas, natural gas liquids, liquefied natural
gas, or synthetic gas usable for fuel (or mixtures of natural gas and such
synthetic gas).
"Remedial action" means activities associated with compliance with the
provisions of Sections 58.6 and 58.7.
"Remediation Applicant" (RA) means any person seeking to perform or
performing investigative or remedial activities under this Title, including an
owner or operator of the site or a person authorized by law or consent to act
on behalf of or in lieu of an owner or operator of the site.
"Remediation costs" means reasonable costs paid for investigating
and remediating regulated substances of concern consistent with the remedy
selected for a site. For purposes
of Section 58.14, "remediation costs" shall not include costs incurred prior to
January 1, 1998, costs incurred after the issuance of a No Further
Remediation Letter under Section 58.10 of this Act, or costs incurred more than
12 months prior to acceptance into the Site Remediation Program. For the purpose of Section 58.14a, "remediation costs" do not include any costs incurred before January 1, 2007, any costs incurred after the issuance of a No Further Remediation Letter under Section 58.10, or any costs incurred more than 12 months before acceptance into the Site Remediation Program.
"Residential property" means any real property that is used for habitation by
individuals and other property uses defined by Board rules such as education,
health care, child care and related uses.
"River Edge Redevelopment Zone" has the meaning set forth under the River Edge Redevelopment Zone Act.
"Site" means any single location, place, tract of land or parcel of property,
or portion thereof, including contiguous property separated by a public
right-of-way.
"Regulated substance of concern" means any contaminant that is expected to be
present at the site based upon past and current land uses and associated
releases that are known to the Remediation Applicant based upon reasonable
inquiry.
(Source: P.A. 103-172, eff. 1-1-24 .)
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415 ILCS 5/58.3
(415 ILCS 5/58.3)
Sec. 58.3. Site Investigation and Remedial Activities Program; Brownfields
Redevelopment Fund. (a) The General Assembly hereby establishes by this Title a Site
Investigation and
Remedial Activities Program for sites subject to this Title. This program
shall be administered by the Illinois Environmental Protection Agency under
this Title XVII and rules adopted by the Illinois Pollution Control Board.
(b) (1) The General Assembly hereby creates within the | | State Treasury a special fund to be known as the Brownfields Redevelopment Fund, consisting of 2 programs to be known as the "Municipal Brownfields Redevelopment Grant Program" and the "Brownfields Redevelopment Loan Program", which shall be used and administered by the Agency as provided in Sections 58.13 and 58.15 of this Act and the rules adopted under those Sections. The Brownfields Redevelopment Fund ("Fund") shall contain moneys transferred from the Response Contractors Indemnification Fund and other moneys made available for deposit into the Fund.
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(2) The State Treasurer, ex officio, shall be the
| | custodian of the Fund, and the Comptroller shall direct payments from the Fund upon vouchers properly certified by the Agency. The Treasurer shall credit to the Fund interest earned on moneys contained in the Fund. The Agency shall have the authority to accept, receive, and administer on behalf of the State any grants, gifts, loans, reimbursements or payments for services, or other moneys made available to the State from any source for purposes of the Fund. Those moneys shall be deposited into the Fund, unless otherwise required by the Environmental Protection Act or by federal law.
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(3) Pursuant to appropriation, all moneys in the Fund
| | shall be used by the Agency for the purposes set forth in subdivision (b)(4) of this Section and Sections 58.13 and 58.15 of this Act and to cover the Agency's costs of program development and administration under those Sections.
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(4) The Agency shall have the power to enter into
| | intergovernmental agreements with the federal government or the State, or any instrumentality thereof, for purposes of capitalizing the Brownfields Redevelopment Fund. Moneys on deposit in the Brownfields Redevelopment Fund may be used for the creation of reserve funds or pledged funds that secure the obligations of repayment of loans made pursuant to Section 58.15 of this Act. For the purpose of obtaining capital for deposit into the Brownfields Redevelopment Fund, the Agency may also enter into agreements with financial institutions and other persons for the purpose of selling loans and developing a secondary market for such loans. The Agency shall have the power to create and establish such reserve funds and accounts as may be necessary or desirable to accomplish its purposes under this subsection and to allocate its available moneys into such funds and accounts. Investment earnings on moneys held in the Brownfields Redevelopment Fund, including any reserve fund or pledged fund, shall be deposited into the Brownfields Redevelopment Fund.
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(5) The Agency is authorized to administer funds made
| | available to the Agency under federal law, including but not limited to the Small Business Liability Relief and Brownfields Revitalization Act, related to brownfields cleanup and reuse in accordance with that law and this Title.
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(Source: P.A. 95-331, eff. 8-21-07.)
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415 ILCS 5/58.4
(415 ILCS 5/58.4)
Sec. 58.4.
Permit waiver.
A State permit or permit revision which is not
otherwise required by federal law or regulations shall not be required for
remedial action activities undertaken pursuant to the provisions of this Title
that occur entirely on the site.
(Source: P.A. 89-431, eff. 12-15-95; 89-443, eff. 7-1-96.)
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415 ILCS 5/58.5 (415 ILCS 5/58.5) Sec. 58.5. Risk-based remediation objectives. (a) Determination of remediation objectives. This Section establishes the procedures for determining risk-based remediation objectives. (b) Background area remediation objectives. (1) Except as provided in subdivisions (b)(2) or | | (b)(3) of this Section, remediation objectives established under this Section shall not require remediation of regulated substances to levels that are less than area background levels.
|
| (2) In the event that the concentration of a
| | regulated substance of concern on the site exceeds a remediation objective adopted by the Board for residential land use, the property may not be converted to residential use unless such remediation objective or an alternate risk-based remediation objective for that regulated substance of concern is first achieved.
|
| (3) In the event that the Agency has determined in
| | writing that the background level for a regulated substance poses an acute threat to human health or the environment at the site when considering the post-remedial action land use, the RA shall develop appropriate risk-based remediation objectives in accordance with this Section.
|
| (c) Regulations establishing remediation objectives and methodologies for deriving remediation objectives for individual or classes of regulated substances shall be adopted by the Board in accordance with this Section and Section 58.11.
(1) The regulations shall provide for the adoption of
| | a three-tiered process for an RA to establish remediation objectives protective of human health and the environment based on identified risks and specific site characteristics at and around the site.
|
| (2) The regulations shall provide procedures for
| | using alternative tiers in developing remediation objectives for multiple regulated substances.
|
| (3) The regulations shall provide procedures for
| | determining area background contaminant levels.
|
| (4) The methodologies adopted under this Section
| | shall ensure that the following factors are taken into account in determining remediation objectives:
|
| (A) potential risks posed by carcinogens and
| | (B) the presence of multiple substances of
| | concern and multiple exposure pathways.
|
| (d) In developing remediation objectives under subsection (c) of this Section, the methodology proposed and adopted shall establish tiers addressing manmade and natural pathways of exposure, including, but not limited to, human ingestion, human inhalation, and groundwater protection. For carcinogens, soil and groundwater remediation objectives shall be established at exposures that represent an excess upper-bound lifetime risk of between 1 in 10,000 and 1 in 1,000,000 as appropriate for the post-remedial action use, except that remediation objectives protecting residential use shall be based on exposures that represent an excess upper-bound lifetime risk of 1 in 1,000,000. No groundwater remediation objective adopted pursuant to this Section shall be more restrictive than the applicable Class I or Class III Groundwater Quality Standard adopted by the Board. At a minimum, the objectives shall include the following:
(1) Tier I remediation objectives expressed as a
| | table of numeric values for soil and groundwater. Such objectives may be of different values dependent on potential pathways at the site and different land uses, including residential and nonresidential uses.
|
| (2) Tier II remediation objectives shall include the
| | formulae and equations used to derive the Tier II objectives and input variables for use in the formulae. The RA may alter the input variables when it is demonstrated that the specific circumstances at and around the site including land uses warrant such alternate variables.
|
| (3) Tier III remediation objectives shall include
| | methodologies to allow for the development of site-specific risk-based remediation objectives for soil or groundwater, or both, for regulated substances. Such methodology shall allow for different remediation objectives for residential and various categories of non-residential land uses. The Board's future adoption of a methodology pursuant to this Section shall in no way preclude the use of a nationally recognized methodology to be used for the development of site-specific risk-based objectives for regulated substances under this Section. In determining Tier III remediation objectives under this subsection, all of the following factors shall be considered:
|
| (A) The use of specific site characteristic data.
(B) The use of appropriate exposure factors for
| | the current and currently planned future land use of the site and adjacent property and the effectiveness of engineering, institutional, or legal controls placed on the current or future use of the site.
|
| (C) The use of appropriate statistical
| | methodologies to establish statistically valid remediation objectives.
|
| (D) The actual and potential impact of regulated
| | (4) For regulated substances that have a groundwater
| | quality standard established pursuant to the Illinois Groundwater Protection Act and rules promulgated thereunder, site specific groundwater remediation objectives may be proposed under the methodology established in subdivision (d)(3) of this Section at values greater than the groundwater quality standards.
|
| (A) The RA proposing any site specific
| | groundwater remediation objective at a value greater than the applicable groundwater quality standard shall demonstrate:
|
| (i) To the extent practical, the exceedance
| | of the groundwater quality standard has been minimized and beneficial use appropriate to the groundwater that was impacted has been returned; and
|
| (ii) Any threat to human health or the
| | environment has been minimized.
|
| (B) The rules proposed by the Agency and adopted
| | by the Board under this Section shall include criteria required for the demonstration of the suitability of groundwater objectives proposed under subdivision (b) (4) (A) of this Section.
|
| (e) The rules proposed by the Agency and adopted by the Board under this Section shall include conditions for the establishment and duration of groundwater management zones by rule, as appropriate, at sites undergoing remedial action under this Title.
(f) Until such time as the Board adopts remediation objectives under this Section, the remediation objectives adopted by the Board under Title XVI of this Act shall apply to all environmental assessments and soil or groundwater remedial action conducted under this Title.
(Source: P.A. 103-605, eff. 7-1-24.)
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415 ILCS 5/58.6 (415 ILCS 5/58.6) Sec. 58.6. Remedial investigations and reports. (a) Any RA who proceeds under this Title may elect to seek review and approval for any of the remediation objectives provided in Section 58.5 for any or all regulated substances of concern. The RA shall conduct investigations and remedial activities for regulated substances of concern and prepare plans and reports in accordance with this Section and rules adopted hereunder. The RA shall submit the plans and reports for review and approval in accordance with Section 58.7. All investigations, plans, and reports conducted or prepared under this Section shall be under the supervision of a Licensed Professional Engineer (LPE) or, in the case of a site investigation only, a Licensed Professional Geologist in accordance with the requirements of this Title. (b) Site investigation and Site Investigation Report. (1) The RA shall conduct a site investigation to | | determine the significant physical features of the site and vicinity that may affect contaminant transport and risk to human health, safety, and the environment and to determine the nature, concentration, direction and rate of movement, and extent of the contamination at the site.
|
| (2) The RA shall compile the results of the
| | investigations into a Site Investigation Report. At a minimum, the reports shall include the following, as applicable:
|
| (A) Executive summary;
(B) Site history;
(C) Site-specific sampling methods and results;
(D) Documentation of field activities, including
| | quality assurance project plan;
|
| (E) Interpretation of results; and
(F) Conclusions.
(c) Remediation Objectives Report.
(1) If an RA elects to determine remediation
| | objectives appropriate for the site using the Tier II or Tier III procedures under subsection (d) of Section 58.5, the RA shall develop such remediation objectives based on site-specific information. In support of such remediation objectives, the RA shall prepare a Remediation Objectives Report demonstrating how the site-specific objectives were calculated or otherwise determined.
|
| (2) If an RA elects to determine remediation
| | objectives appropriate for the site using the area background procedures under subsection (b) of Section 58.5, the RA shall develop such remediation objectives based on site-specific literature review, sampling protocol, or appropriate statistical methods in accordance with Board rules. In support of such remediation objectives, the RA shall prepare a Remediation Objectives Report demonstrating how the area background remediation objectives were determined.
|
| (d) Remedial Action Plan. If the approved remediation objectives for any regulated substance established under Section 58.5 are less than the levels existing at the site prior to any remedial action, the RA shall prepare a Remedial Action Plan. The Remedial Action 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 reports shall include the following, as applicable:
(1) Executive summary;
(2) Statement of remediation objectives;
(3) Remedial technologies selected;
(4) Confirmation sampling plan;
(5) Current and projected future use of the property;
| | (6) Applicable preventive, engineering, and
| | institutional controls including long-term reliability, operating, and maintenance plans, and monitoring procedures.
|
| (e) Remedial Action Completion Report.
(1) Upon completion of the Remedial Action Plan, the
| | RA shall prepare a Remedial Action Completion Report. The report shall demonstrate whether the remedial action was completed in accordance with the approved Remedial Action Plan and whether the remediation objectives, as well as any other requirements of the plan, have been attained.
|
| (2) If the approved remediation objectives for the
| | regulated substances of concern established under Section 58.5 are equal to or above the levels existing at the site prior to any remedial action, notification and documentation of such shall constitute the entire Remedial Action Completion Report for purposes of this Title.
|
| (f) Ability to proceed. The RA may elect to prepare and submit for review and approval any and all reports or plans required under the provisions of this Section individually, following completion of each such activity; concurrently, following completion of all activities; or in any other combination. In any event, the review and approval process shall proceed in accordance with Section 58.7 and rules adopted thereunder.
(g) Nothing in this Section shall prevent an RA from implementing or conducting an interim or any other remedial measure prior to election to proceed under Section 58.6.
(h) In accordance with Section 58.11, the Agency shall propose and the Board shall adopt rules to carry out the purposes of this Section.
(Source: P.A. 103-605, eff. 7-1-24.)
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415 ILCS 5/58.7 (415 ILCS 5/58.7) Sec. 58.7. Review and approvals. (a) Requirements. All plans and reports that are submitted pursuant to this Title shall be submitted for review or approval in accordance with this Section. (b) Review and evaluation by the Agency. (1) Except for sites excluded under subdivision | | (a)(2) of Section 58.1, the Agency shall, subject to available resources, agree to provide review and evaluation services for activities carried out pursuant to this Title for which the RA requested the services in writing. As a condition for providing such services, the Agency may require that the RA for a site:
|
| (A) Conform with the procedures of this Title;
(B) Allow for or otherwise arrange site visits or
| | other site evaluation by the Agency when so requested;
|
| (C) Agree to perform the Remedial Action Plan as
| | approved under this Title;
|
| (D) Agree to pay any reasonable costs incurred
| | and documented by the Agency in providing such services;
|
| (E) Make an advance partial payment to the Agency
| | for such anticipated services in the amount of $2,500; and
|
| (F) Demonstrate, if necessary, authority to act
| | on behalf of or in lieu of the owner or operator.
|
| (2) Any moneys received by the State for costs
| | incurred by the Agency in performing review or evaluation services for actions conducted pursuant to this Title shall be deposited in the Hazardous Waste Fund.
|
| (3) An RA requesting services under subdivision (b)
| | (1) of this Section may, at any time, notify the Agency, in writing, that Agency services previously requested are no longer wanted. Within 180 days after receipt of the notice, the Agency shall provide the RA with a final invoice for services provided until the date of such notifications.
|
| (4) The Agency may invoice or otherwise request or
| | demand payment from an RA for costs incurred by the Agency in performing review or evaluation services for actions by the RA at sites only if:
|
| (A) The Agency has incurred costs in performing
| | response actions, other than review or evaluation services, due to the failure of the RA to take response action in accordance with a notice issued pursuant to this Act;
|
| (B) The RA has agreed in writing to the payment
| | (C) The RA has been ordered to pay such costs by
| | the Board or a court of competent jurisdiction pursuant to this Act; or
|
| (D) The RA has requested or has consented to
| | Agency review or evaluation services under subdivision (b)(1) of this Section.
|
| (5) The Agency may, subject to available resources,
| | agree to provide review and evaluation services for response actions if there is a written agreement among parties to a legal action or if a notice to perform a response action has been issued by the Agency.
|
| (c) Review and evaluation by a RELPEG. An RA may elect to contract with a Licensed Professional Engineer or, in the case of a site investigation report only, a Licensed Professional Geologist, who will perform review and evaluation services on behalf of and under the direction of the Agency relative to the site activities.
(1) Prior to entering into the contract with the
| | RELPEG, the RA shall notify the Agency of the RELPEG to be selected. The Agency and the RA shall discuss the potential terms of the contract.
|
| (2) At a minimum, the contract with the RELPEG shall
| | provide that the RELPEG will submit any reports directly to the Agency, will take his or her directions for work assignments from the Agency, and will perform the assigned work on behalf of the Agency.
|
| (3) Reasonable costs incurred by the Agency shall be
| | paid by the RA directly to the Agency in accordance with the terms of the review and evaluation services agreement entered into under subdivision (b)(1) of Section 58.7.
|
| (4) In no event shall the RELPEG acting on behalf of
| | the Agency be an employee of the RA or the owner or operator of the site or be an employee of any other person the RA has contracted to provide services relative to the site.
|
| (d) Review and approval. All reviews required under this Title shall be carried out by the Agency or a RELPEG contracted by the RA pursuant to subsection (c).
(1) All review activities conducted by the Agency or
| | a RELPEG shall be carried out in conformance with this Title and rules promulgated under Section 58.11.
|
| (2) Subject to the limitations in subsection (c) and
| | this subsection (d), the specific plans, reports, and activities that the Agency or a RELPEG may review include:
|
| (A) Site Investigation Reports and related
| | (B) Remediation Objectives Reports;
(C) Remedial Action Plans and related activities;
| | (D) Remedial Action Completion Reports and
| | (3) Only the Agency shall have the authority to
| | approve, disapprove, or approve with conditions a plan or report as a result of the review process including those plans and reports reviewed by a RELPEG. If the Agency disapproves a plan or report or approves a plan or report with conditions, the written notification required by subdivision (d)(4) of this Section shall contain the following information, as applicable:
|
| (A) An explanation of the Sections of this Title
| | that may be violated if the plan or report was approved;
|
| (B) An explanation of the provisions of the rules
| | promulgated under this Title that may be violated if the plan or report was approved;
|
| (C) An explanation of the specific type of
| | information, if any, that the Agency deems the applicant did not provide the Agency;
|
| (D) A statement of specific reasons why the Title
| | and regulations might not be met if the plan or report were approved; and
|
| (E) An explanation of the reasons for conditions
| | if conditions are required.
|
| (4) Upon approving, disapproving, or approving with
| | conditions a plan or report, the Agency shall notify the RA in writing of its decision. In the case of approval or approval with conditions of a Remedial Action Completion Report, the Agency shall prepare a No Further Remediation Letter that meets the requirements of Section 58.10 and send a copy of the letter to the RA.
|
| (5) All reviews undertaken by the Agency or a RELPEG
| | shall be completed and the decisions communicated to the RA within 60 days of the request for review or approval of a single plan or report and within 90 days after the request for review or approval of 2 or more plans or reports submitted concurrently. The RA may waive the deadline upon a request from the Agency. If the Agency disapproves or approves with conditions a plan or report or fails to issue a final decision within the applicable 60-day or 90-day period and the RA has not agreed to a waiver of the deadline, the RA may, within 35 days, file an appeal to the Board. Appeals to the Board shall be in the manner provided for the review of permit decisions in Section 40 of this Act.
|
| (e) Standard of review. In making determinations, the following factors, and additional factors as may be adopted by the Board in accordance with Section 58.11, shall be considered by the Agency when reviewing or approving plans, reports, and related activities, or the RELPEG, when reviewing plans, reports, and related activities:
(1) Site Investigation Reports and related
| | activities: Whether investigations have been conducted and the results compiled in accordance with the appropriate procedures and whether the interpretations and conclusions reached are supported by the information gathered. In making the determination, the following factors shall be considered:
|
| (A) The adequacy of the description of the site
| | and site characteristics that were used to evaluate the site;
|
| (B) The adequacy of the investigation of
| | potential pathways and risks to receptors identified at the site; and
|
| (C) The appropriateness of the sampling and
| | (2) Remediation Objectives Reports: Whether the
| | remediation objectives are consistent with the requirements of the applicable method for selecting or determining remediation objectives under Section 58.5. In making the determination, the following factors shall be considered:
|
| (A) If the objectives were based on the
| | determination of area background levels under subsection (b) of Section 58.5, whether the review of current and historic conditions at or in the immediate vicinity of the site has been thorough and whether the site sampling and analysis has been performed in a manner resulting in accurate determinations;
|
| (B) If the objectives were calculated on the
| | basis of predetermined equations using site specific data, whether the calculations were accurately performed and whether the site specific data reflect actual site conditions; and
|
| (C) If the objectives were determined using a
| | site specific risk assessment procedure, whether the procedure used is nationally recognized and accepted, whether the calculations were accurately performed, and whether the site specific data reflect actual site conditions.
|
| (3) Remedial Action Plans and related activities:
| | Whether the plan will result in compliance with this Title, and rules adopted under it and attainment of the applicable remediation objectives. In making the determination, the following factors shall be considered:
|
| (A) The likelihood that the plan will result in
| | the attainment of the applicable remediation objectives;
|
| (B) Whether the activities proposed are
| | consistent with generally accepted engineering practices; and
|
| (C) The management of risk relative to any
| | remaining contamination, including, but not limited to, provisions for the long-term enforcement, operation, and maintenance of institutional and engineering controls, if relied on.
|
| (4) Remedial Action Completion Reports and related
| | activities: Whether the remedial activities have been completed in accordance with the approved Remedial Action Plan and whether the applicable remediation objectives have been attained.
|
| (f) All plans and reports submitted for review shall include a Licensed Professional Engineer's certification that all investigations and remedial activities were carried out under his or her direction and, to the best of his or her knowledge and belief, the work described in the plan or report has been completed in accordance with generally accepted engineering practices, and the information presented is accurate and complete. In the case of a site investigation report prepared or supervised by a Licensed Professional Geologist, the required certification may be made by the Licensed Professional Geologist (rather than a Licensed Professional Engineer) and based upon generally accepted principles of professional geology.
(g) In accordance with Section 58.11, the Agency shall propose and the Board shall adopt rules to carry out the purposes of this Section. At a minimum, the rules shall detail the types of services the Agency may provide in response to requests under subdivision (b)(1) of this Section and the recordkeeping it will utilize in documenting to the RA the costs incurred by the Agency in providing such services.
(h) Public participation.
(1) The Agency shall develop guidance to assist RAs
| | in the implementation of a community relations plan to address activity at sites undergoing remedial action pursuant to this Title.
|
| (2) The RA may elect to enter into a services
| | agreement with the Agency for Agency assistance in community outreach efforts.
|
| (3) The Agency shall maintain a registry listing
| | those sites undergoing remedial action pursuant to this Title.
|
| (4) Notwithstanding any provisions of this Section,
| | the RA of a site undergoing remedial activity pursuant to this Title may elect to initiate a community outreach effort for the site.
|
| (i) Notwithstanding any other provision of this Title, the Agency is not required to take action on any submission under this Title from or on behalf of an RA if the RA has failed to pay all fees due pursuant to an invoice or other request or demand for payment under this Title. Any deadline for Agency action on such a submission shall be tolled until the fees due are paid in full.
(Source: P.A. 103-172, eff. 1-1-24; 103-605, eff. 7-1-24.)
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415 ILCS 5/58.8
(415 ILCS 5/58.8)
Sec. 58.8. Duty to record; compliance.
(a) The RA receiving a No Further Remediation Letter from the Agency
pursuant to Section 58.10, shall submit the letter to the Office of the
Recorder or the Registrar of Titles of the county in which the site is located
within 45 days of receipt of the letter. The Office of the Recorder or
the Registrar of Titles shall accept and record that letter in accordance with
Illinois law so that it forms a permanent part of the chain of title for the
site.
(b) A No Further Remediation Letter shall not become effective until
officially recorded in accordance with subsection (a) of this Section.
The RA shall obtain and submit to the Agency a certified copy of the
No Further Remediation Letter as recorded.
(c)
(Blank).
(d) In the event that a No Further Remediation Letter issues by operation of
law pursuant to Section 58.10, the RA may, for purposes of this Section, file
an affidavit stating that the letter issued by operation of law. Upon receipt
of the No Further Remediation Letter from the Agency, the RA shall comply with
the requirements of subsections (a) and (b) of this Section.
(Source: P.A. 94-272, eff. 7-19-05; 94-314, eff. 7-25-05.)
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415 ILCS 5/58.9
(415 ILCS 5/58.9)
Sec. 58.9.
Liability.
(a) Cost assignment.
(1) Notwithstanding any other provisions of this Act | | to the contrary, including subsection (f) of Section 22.2, in no event may the Agency, the State of Illinois, or any person bring an action pursuant to this Act or the Groundwater Protection Act to require any person to conduct remedial action or to seek recovery of costs for remedial activity conducted by the State of Illinois or any person beyond the remediation of releases of regulated substances that may be attributed to being proximately caused by such person's act or omission or beyond such person's proportionate degree of responsibility for costs of the remedial action of releases of regulated substances that were proximately caused or contributed to by 2 or more persons.
|
|
(2) Notwithstanding any provisions in this Act to the
| | contrary, including subsection (f) of Section 22.2, in no event may the State of Illinois or any person require the performance of remedial action pursuant to this Act against any of the following:
|
|
(A) A person who neither caused nor contributed
| | to in any material respect a release of regulated substances on, in, or under the site that was identified and addressed by the remedial action taken pursuant to this Title.
|
|
(B) Notwithstanding a landlord's rights against a
| | tenant, a landlord, if the landlord did not know, and could not have reasonably known, of the acts or omissions of a tenant that caused or contributed to, or were likely to have caused or contributed to, a release of regulated substances that resulted in the performance of remedial action at the site.
|
|
(C) The State of Illinois or any unit of local
| | government if it involuntarily acquires ownership or control of the site by virtue of its function as a sovereign through such means as escheat, bankruptcy, tax delinquency, or abandonment, unless the State of Illinois or unit of local government takes possession of the site and exercises actual, direct, and continual or recurrent managerial control in the operation of the site that causes a release or substantial threat of a release of a regulated substance resulting in removal or remedial activity.
|
|
(D) The State of Illinois or any unit of local
| | government if it voluntarily acquires ownership or control of the site through purchase, appropriation, or other means, unless the State of Illinois or the unit of local government takes possession of the site and exercises actual, direct, and continual or recurrent managerial control in the operation of the site that causes a release or substantial threat of a release of a regulated substance resulting in removal or remedial activity.
|
|
(E) A financial institution, as that term is
| | defined in Section 2 of the Illinois Banking Act and to include the Illinois Housing Development Authority, that has acquired the ownership, operation, management, or control of a site through foreclosure, a deed in lieu of foreclosure, receivership, by exercising of an assignment of rents, as mortgagee in possession or otherwise under the terms of a security interest held by the financial institution, or under the terms of an extension of credit made by the financial institution, unless the financial institution takes actual physical possession of the site and, in so doing, directly causes a release of a regulated substance that results in removal or remedial activity.
|
|
(F) A corporate fiduciary that has acquired
| | ownership, operation, management, or control of a site through acceptance of a fiduciary appointment unless the corporate fiduciary directly causes a release of a regulated substance resulting in a removal or remedial activity.
|
|
(b) In the event that the State of Illinois seeks to require a person
who may be liable pursuant to this Act to conduct remedial activities for a
release or threatened release of a regulated substance, the Agency shall
provide notice to such person. Such notice shall include the necessity to
conduct remedial action pursuant to this Title and an opportunity for the
person to perform the remedial action.
(c) In any instance in which the Agency has issued notice pursuant to
subsection (b) of this Section, the Agency and the person to whom such notice
was issued may attempt to determine the costs of conducting the remedial action
that are attributable to the releases to which such person or any other person
caused or contributed. Determinations pursuant to this Section may be made in
accordance with rules promulgated by the Board.
(d) The Board shall adopt, not later than January 1, 1999, pursuant to Sections
27 and 28 of this Act, rules and
procedures for determining proportionate share. Such rules shall, at a
minimum, provide for criteria for the determination of apportioned
responsibility based upon the degree to which a person directly caused or
contributed to a release of regulated substances on, in, or under the site
identified and addressed in the remedial action; procedures to establish how
and when such persons may file a petition for determination of such
apportionment; and any other standards or procedures which the Board may adopt
pursuant to this Section. In developing such rules, the Board shall take into
consideration any recommendations and proposals of the Agency and the Site
Remediation Advisory Committee established in Section 58.11 of this Act and
other interested participants.
(e) Nothing in this Section shall limit the authority of the Agency to
provide notice under subsection (q) of Section 4 or to undertake investigative,
preventive, or corrective action under any other applicable provisions of this
Act. The Director of the Agency is authorized to enter into such
contracts and agreements as may be necessary to carry out the Agency's duties
and responsibilities under this Section as expeditiously as possible.
(f) This Section does not apply to any cost recovery action brought by the
State under Section 22.2 to recover costs incurred by the State prior to July
1, 1996.
(Source: P.A. 89-443, eff. 7-1-96; 90-484, eff. 8-17-97.)
|
415 ILCS 5/58.10
(415 ILCS 5/58.10)
Sec. 58.10.
Effect of completed remediation; liability releases.
(a) The Agency's issuance of the No Further Remediation Letter
signifies a release from further responsibilities under this Act in performing
the approved remedial action and shall be considered prima facie evidence that
the site does not constitute a threat to human health and the environment and
does not require further remediation under this Act, so long as the site is
utilized in accordance with the terms of the No Further Remediation Letter.
(b) Within 30 days of the Agency's approval of a Remedial
Action Completion Report, the Agency shall issue a No Further Remediation
Letter applicable to the site. In the event that the Agency fails to issue the
No Further Remediation Letter within 30 days after approval of the Remedial
Action Completion Report, the No Further Remediation Letter shall issue by
operation of law. A No Further Remediation Letter issued pursuant
to this Section shall be limited to and shall include all of the following:
(1) An acknowledgment that the requirements of the | | Remedial Action Plan and the Remedial Action Completion Report were satisfied;
|
|
(2) A description of the location of the affected
| | property by adequate legal description or by reference to a plat showing its boundaries;
|
|
(3) The level of the remediation objectives,
| | specifying, as appropriate, any land use limitation imposed as a result of such remediation efforts;
|
|
(4) A statement that the Agency's issuance of the No
| | Further Remediation Letter signifies a release from further responsibilities under this Act in performing the approved remedial action and shall be considered prima facie evidence that the site does not constitute a threat to human health and the environment and does not require further remediation under the Act, so long as the site is utilized in accordance with the terms of the No Further Remediation Letter;
|
|
(5) The prohibition against the use of any site in a
| | manner inconsistent with any land use limitation imposed as a result of such remediation efforts without additional appropriate remedial activities;
|
|
(6) A description of any preventive, engineering, and
| | institutional controls required in the approved Remedial Action Plan and notification that failure to manage the controls in full compliance with the terms of the Remedial Action Plan may result in voidance of the No Further Remediation Letter;
|
|
(7) The recording obligations pursuant to Section
| |
(8) The opportunity to request a change in the
| | recorded land use pursuant to Section 58.8;
|
|
(9) Notification that further information regarding
| | the site can be obtained from the Agency through a request under the Freedom of Information Act (5 ILCS 140); and
|
|
(10) If only a portion of the site or only selected
| | regulated substances at a site were the subject of corrective action, any other provisions agreed to by the Agency and the RA.
|
|
(c) The Agency may deny a No Further Remediation Letter if fees applicable
under the review and evaluation services agreement have not been paid in full.
(d) The No Further Remediation Letter shall apply in favor of the
following persons:
(1) The RA or other person to whom the letter was
| |
(2) The owner and operator of the site.
(3) Any parent corporation or subsidiary of the owner
| |
(4) Any co-owner, either by joint-tenancy, right of
| | survivorship, or any other party sharing a legal relationship with the owner of the site.
|
|
(5) Any holder of a beneficial interest of a land
| | trust or inter vivos trust, whether revocable or irrevocable, involving the site.
|
|
(6) Any mortgagee or trustee of a deed of trust of
| | the owner of the site or any assignee, transferee, or any successor-in-interest thereto.
|
|
(7) Any successor-in-interest of the owner of the
| |
(8) Any transferee of the owner of the site whether
| | the transfer was by sale, bankruptcy proceeding, partition, dissolution of marriage, settlement or adjudication of any civil action, charitable gift, or bequest.
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|
(9) Any heir or devisee of the owner of the site.
(10) Any financial institution, as that term is
| | defined in Section 2 of the Illinois Banking Act and to include the Illinois Housing Development Authority, that has acquired the ownership, operation, management, or control of a site through foreclosure or under the terms of a security interest held by the financial institution, under the terms of an extension of credit made by the financial institution, or any successor in interest thereto.
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(11) In the case of a fiduciary (other than a land
| | trustee), the estate, trust estate, or other interest in property held in a fiduciary capacity, and a trustee, executor, administrator, guardian, receiver, conservator, or other person who holds the remediated site in a fiduciary capacity, or a transferee of such party.
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(e) The No Further Remediation Letter shall be voidable if the site
activities are not managed in full compliance with the provisions of this
Title, any rules adopted under it, or the approved Remedial Action Plan or
remediation objectives upon which the issuance of the No Further Remediation
Letter was based. Specific acts or omissions that may result in voidance of
the No Further Remediation Letter include, but shall not be limited to:
(1) Any violation of institutional controls or land
| | use restrictions, if applicable;
|
|
(2) The failure of the owner, operator, RA, or any
| | subsequent transferee to operate and maintain preventive or engineering controls or comply with a groundwater monitoring plan, if applicable;
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|
(3) The disturbance or removal of contamination that
| | has been left in place in accordance with the Remedial Action Plan;
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|
(4) The failure to comply with the recording
| | requirements of Section 58.8;
|
|
(5) Obtaining the No Further Remediation Letter by
| | fraud or misrepresentation;
|
|
(6) Subsequent discovery of contaminants, not
| | identified as part of the investigative or remedial activities upon which the issuance of the No Further Remediation Letter was based, that pose a threat to human health or the environment; or
|
|
(7) The failure to pay the No Further Remediation
| | Assessment required under subsection (g) of this Section.
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(f) If the Agency seeks to void a No Further Remediation Letter, it
shall provide notice by certified letter to the current title holder of the
site and to the RA at his or her last known address. The notice shall specify
the cause for the voidance and describe facts in support of that cause.
(1) Within 35 days of the receipt of the notice of
| | voidance, the RA or current title holder may appeal the Agency's decision to the Board in the manner provided for the review of permits in Section 40 of this Act. If the Board fails to take final action on the petition within 120 days, unless such time period is waived by the petitioner, the petition shall be deemed denied and the petitioner shall be entitled to an Appellate Court order pursuant to subsection (d) of Section 41 of this Act. The Agency shall have the burden of proof in any such action.
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|
(2) If the Agency's action is not appealed, the
| | Agency shall submit the notice of voidance to the Office of the Recorder or the Registrar of Titles for the county in which the site is located. The notice shall be filed in accordance with Illinois law so that it forms a permanent part of the chain of title for the site.
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|
(3) If the Agency's action is appealed, the action
| | shall not become effective until the appeal process has been exhausted and a final decision reached by the Board or courts.
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(4) Upon receiving notice of appeal, the Agency shall
| | file a notice of lis pendens with the Office of the Recorder or the Registrar of Titles for the county in which the site is located. The notice shall be filed in accordance with Illinois law so that it becomes a part of the chain of title for the site. However, if the Agency's action is not upheld on appeal, the notice of lis pendens shall be removed in accordance with Illinois law within 45 days of receipt of the final decision of the Board or the courts.
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(g) Within 30 days after the receipt of a No Further Remediation Letter
issued by the Agency or by operation of law pursuant to this Section, the
recipient of the letter shall forward to the Agency a No Further Remediation
Assessment in the amount of the lesser of $2,500 or an amount equal to the
costs incurred for the site by the Agency under Section 58.7. The assessment
shall be made payable to the State of Illinois, for deposit in the Hazardous
Waste Fund. The No Further Remediation Assessment is in addition to any other
costs that may be incurred by the Agency pursuant to Section 58.7.
(Source: P.A. 89-431, eff. 12-15-95; 89-443, eff. 7-1-96; 89-626, eff.
8-9-96.)
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415 ILCS 5/58.11
(415 ILCS 5/58.11)
Sec. 58.11.
Regulations and Site Remediation Advisory Committee.
(a) There is hereby established a 10-member Site Remediation Advisory
Committee, which shall be appointed by the Governor. The Committee shall
include one member recommended by the Illinois State Chamber of Commerce,
one member recommended by the Illinois Manufacturers' Association, one
member recommended by the Chemical Industry Council of Illinois, one member
recommended by the Consulting Engineers Council of Illinois, one member
recommended by the Illinois Bankers Association, one member recommended by
the Community Bankers Association of Illinois, one member recommended by the
National Solid Waste Management Association, and 3 other members as determined
by the Governor. Members of the Advisory Committee may organize themselves as
they deem necessary and shall serve without compensation.
(b) The Committee shall:
(1) Review, evaluate, and make recommendations | | regarding State laws, rules, and procedures that relate to site remediations.
|
|
(2) Review, evaluate, and make recommendations
| | regarding the review and approval activities of the Agency and Review and Evaluation Licensed Professional Engineers and Geologists.
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|
(3) Make recommendations relating to the State's
| | efforts to implement this Title.
|
|
(4) Review, evaluate, and make recommendations
| | regarding the procedures for determining proportionate degree of responsibility for a release of regulated substances.
|
|
(5) Review, evaluate, and make recommendations
| | regarding the reports prepared by the Agency in accordance with subsection (e) of this Section.
|
|
(c) Within 9 months after the effective date of this amendatory
Act of 1995, the Agency, after consideration of the recommendations
of the Committee, shall propose rules prescribing procedures and
standards for its administration of this Title. Within 9 months after
receipt of the Agency's proposed rules, the Board shall adopt, pursuant
to Sections 27 and 28 of this Act, rules that are consistent with this
Title, including classifications of land use and provisions for the voidance of
No Further Remediation Letters.
(d) Until such time as the rules required under this Section take effect,
the Agency shall administer its activities under this Title in accordance with
Agency procedures and applicable provisions of this Act.
(e) By July 1, 1997 and as deemed appropriate thereafter, the Agency shall
prepare reports to the Governor and the General Assembly concerning the status
of all sites for which the Agency has expended money from the Hazardous Waste
Fund. The reports shall include specific information on the financial,
technical, and cost recovery status of each site.
(Source: P.A. 92-735, eff. 7-25-02.)
|
415 ILCS 5/58.12
(415 ILCS 5/58.12)
Sec. 58.12.
Severability.
The provisions of this Title XVII are severable
under Section 1.31 of the Statute on Statutes.
(Source: P.A. 89-431, eff. 12-15-95; 89-443, eff. 7-1-96.)
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415 ILCS 5/58.13
(415 ILCS 5/58.13)
Sec. 58.13. Municipal Brownfields Redevelopment Grant Program.
(a) (1) The Agency shall establish and administer a | | program of grants, to be known as the Municipal Brownfields Redevelopment Grant Program, to provide municipalities in Illinois with financial assistance to be used for coordination of activities related to brownfields redevelopment, including but not limited to identification of brownfields sites, including those sites within River Edge Redevelopment Zones, site investigation and determination of remediation objectives and related plans and reports, development of remedial action plans, and implementation of remedial action plans and remedial action completion reports. The plans and reports shall be developed in accordance with Title XVII of this Act.
|
|
(2) Grants shall be awarded on a competitive basis
| | subject to availability of funding. Criteria for awarding grants shall include, but shall not be limited to the following:
|
|
(A) problem statement and needs assessment;
(B) community-based planning and involvement;
(C) implementation planning; and
(D) long-term benefits and sustainability.
(3) The Agency may give weight to geographic location
| | to enhance geographic distribution of grants across this State.
|
|
(4) Except for grants to municipalities with
| | designated River Edge Redevelopment Zones, grants shall be limited to a maximum of $240,000, and no municipality shall receive more than this amount under this Section. For grants to municipalities with designated River Edge Redevelopment Zones and grants to municipalities awarded from funds provided under the American Recovery and Reinvestment Act of 2009, grants shall be limited to a maximum of $2,000,000 and no municipality shall receive more than this amount under this Section. For grants to municipalities awarded from funds provided under the American Recovery and Reinvestment Act of 2009, grants shall be limited to a maximum of $1,000,000 and no municipality shall receive more than this amount under this Section.
|
|
(5) Grant amounts shall not exceed 70% of the project
| | amount, with the remainder to be provided by the municipality as local matching funds.
|
|
(b) The Agency shall have the authority to enter into any contracts or
agreements that may be necessary to carry out its duties or responsibilities
under this Section. The Agency shall have the authority to adopt rules setting
forth procedures and criteria for administering the Municipal Brownfields
Redevelopment
Grant Program. The rules adopted by the Agency may include but shall not be
limited to the following:
(1) purposes for which grants are available;
(2) application periods and content of applications;
(3) procedures and criteria for Agency review of
| | grant applications, grant approvals and denials, and grantee acceptance;
|
|
(4) grant payment schedules;
(5) grantee responsibilities for work schedules, work
| | plans, reports, and record keeping;
|
|
(6) evaluation of grantee performance, including but
| | not limited to auditing and access to sites and records;
|
|
(7) requirements applicable to contracting and
| | subcontracting by the grantee;
|
|
(8) penalties for noncompliance with grant
| | requirements and conditions, including stop-work orders, termination of grants, and recovery of grant funds;
|
|
(9) indemnification of this State and the Agency by
| |
(10) manner of compliance with the Local Government
| | Professional Services Selection Act.
|
|
(c) Moneys in the Brownfields Redevelopment Fund may be used by the Agency to take whatever preventive or corrective action, including but not limited to removal or remedial action, is necessary or appropriate in response to a release or substantial threat of a release of:
(1) a hazardous substance or pesticide; or
(2) petroleum from an underground storage tank.
The State, the Director, and any State employee shall be indemnified for any damages or injury arising out of or resulting from any action taken pursuant to this subsection (c) and subsection (d)(2) of Section 4 of this Act. The Agency has the authority to enter into such contracts and agreements as may be necessary, and as expeditiously as necessary, to carry out preventive or corrective action pursuant to this subsection (c) and subsection (d)(2) of Section 4 of this Act.
(Source: P.A. 96-45, eff. 7-15-09.)
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415 ILCS 5/58.14
(415 ILCS 5/58.14)
Sec. 58.14. Environmental Remediation Tax Credit review.
(a) Prior to applying for the Environmental Remediation Tax Credit under
Section 201 of the Illinois Income Tax Act, Remediation Applicants shall first
submit to the Agency an application for review of remediation costs. The
application and review process shall be conducted in
accordance with the requirements of this Section and the rules
adopted under
subsection (g). A preliminary review of the estimated remediation costs for
development and implementation of the Remedial Action Plan may be obtained in
accordance with subsection (d).
(b) No
application for review shall be submitted until a No Further Remediation Letter
has been issued by the Agency and recorded in the chain of title for the site
in accordance with Section 58.10. The Agency shall review the application to
determine whether the costs submitted are remediation costs, and whether the
costs incurred are reasonable. The application shall be on forms prescribed
and provided by the Agency. At a minimum, the application shall include the
following:
(1) information identifying the Remediation Applicant | | and the site for which the tax credit is being sought and the date of acceptance of the site into the Site Remediation Program;
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|
(2) a copy of the No Further Remediation Letter with
| | official verification that the letter has been recorded in the chain of title for the site and a demonstration that the site for which the application is submitted is the same site as the one for which the No Further Remediation Letter is issued;
|
|
(3) a demonstration that the release of the regulated
| | substances of concern for which the No Further Remediation Letter was issued were not caused or contributed to in any material respect by the Remediation Applicant. After the Pollution Control Board rules are adopted pursuant to the Illinois Administrative Procedure Act for the administration and enforcement of Section 58.9 of the Environmental Protection Act, determinations as to credit availability shall be made consistent with those rules;
|
|
(4) an itemization and documentation, including
| | receipts, of the remediation costs incurred;
|
|
(5) a demonstration that the costs incurred are
| | remediation costs as defined in this Act and its rules;
|
|
(6) a demonstration that the costs submitted for
| | review were incurred by the Remediation Applicant who received the No Further Remediation Letter;
|
|
(7) an application fee in the amount set forth in
| | subsection (e) for each site for which review of remediation costs is requested and, if applicable, certification from the Department of Commerce and Economic Opportunity that the site is located in an enterprise zone;
|
|
(8) any other information deemed appropriate by the
| |
(c) Within 60 days after receipt by the Agency of an application meeting
the requirements of subsection (b), the Agency shall issue a letter to the
applicant approving, disapproving, or modifying the remediation costs submitted
in the
application. If the remediation costs are approved as submitted, the Agency's
letter shall state the amount of the remediation costs to be applied toward the
Environmental Remediation Tax Credit. If an application is disapproved or
approved with modification of remediation costs, the Agency's letter shall set
forth the reasons for the disapproval or modification and state the amount of
the remediation costs, if any, to be applied toward the Environmental
Remediation Tax Credit.
If a preliminary review of a budget plan has been obtained under
subsection (d), the Remediation Applicant may submit, with the
application and supporting documentation under subsection (b), a copy of the
Agency's final determination accompanied by a certification that the actual
remediation costs incurred for the development and implementation of the
Remedial Action Plan are equal to or less than the costs approved in the
Agency's final determination on the budget plan. The certification shall be
signed by the Remediation Applicant and notarized. Based on that submission,
the Agency shall not be required to conduct further review of the costs
incurred for development and implementation of the Remedial Action Plan and may
approve costs as submitted.
Within 35 days after receipt of an Agency letter disapproving or
modifying an application for approval of remediation costs, the Remediation
Applicant may appeal the Agency's decision to the Board in the manner provided
for the review of permits in Section 40 of this Act.
(d) (1) A Remediation Applicant may obtain a preliminary
| | review of estimated remediation costs for the development and implementation of the Remedial Action Plan by submitting a budget plan along with the Remedial Action Plan. The budget plan shall be set forth on forms prescribed and provided by the Agency and shall include but shall not be limited to line item estimates of the costs associated with each line item (such as personnel, equipment, and materials) that the Remediation Applicant anticipates will be incurred for the development and implementation of the Remedial Action Plan. The Agency shall review the budget plan along with the Remedial Action Plan to determine whether the estimated costs submitted are remediation costs and whether the costs estimated for the activities are reasonable.
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|
(2) If the Remedial Action Plan is amended by the
| | Remediation Applicant or as a result of Agency action, the corresponding budget plan shall be revised accordingly and resubmitted for Agency review.
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|
(3) The budget plan shall be accompanied by the
| | applicable fee as set forth in subsection (e).
|
|
(4) Submittal of a budget plan shall be deemed an
| | automatic 60-day waiver of the Remedial Action Plan review deadlines set forth in this Section and its rules.
|
|
(5) Within the applicable period of review, the
| | Agency shall issue a letter to the Remediation Applicant approving, disapproving, or modifying the estimated remediation costs submitted in the budget plan. If a budget plan is disapproved or approved with modification of estimated remediation costs, the Agency's letter shall set forth the reasons for the disapproval or modification.
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|
(6) Within 35 days after receipt of an Agency letter
| | disapproving or modifying a budget plan, the Remediation Applicant may appeal the Agency's decision to the Board in the manner provided for the review of permits in Section 40 of this Act.
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|
(e) The fees for reviews conducted under this Section are in addition to any
other fees or payments for Agency services rendered pursuant to the Site
Remediation Program
and shall be as follows:
(1) The fee for an application for review of
| | remediation costs shall be $1,000 for each site reviewed.
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|
(2) The fee for the review of the budget plan
| | submitted under subsection (d) shall be $500 for each site reviewed.
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|
(3) In the case of a Remediation Applicant submitting
| | for review total remediation costs of $100,000 or less for a site located within an enterprise zone (as set forth in paragraph (i) of subsection (l) of Section 201 of the Illinois Income Tax Act), the fee for an application for review of remediation costs shall be $250 for each site reviewed. For those sites, there shall be no fee for review of a budget plan under subsection (d).
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|
The application fee shall be made payable to the State of Illinois, for
deposit into the Hazardous Waste Fund.
Pursuant to appropriation, the Agency shall use the fees collected under this
subsection for development and
administration of the review program.
(f) The Agency shall have the authority to enter into any contracts or
agreements that may be necessary to carry out its duties and responsibilities
under this Section.
(g) Within 6 months after July 21, 1997, the Agency shall propose rules prescribing procedures
and standards for its administration of this Section. Within 6 months after
receipt of the Agency's proposed rules, the Board shall adopt on second notice,
pursuant to Sections 27 and 28 of this Act and the Illinois Administrative
Procedure Act, rules that are consistent with this Section. Prior to the
effective date of rules adopted under this Section, the Agency may conduct
reviews of applications under this Section and the Agency is further authorized
to distribute guidance documents on costs that are eligible or ineligible as
remediation costs.
(Source: P.A. 94-793, eff. 5-19-06; 94-1021, eff. 7-12-06; 95-454, eff. 8-27-07.)
|
415 ILCS 5/58.14a (415 ILCS 5/58.14a) Sec. 58.14a. River Edge Redevelopment Zone Site Remediation Tax Credit Review. (a) Prior to applying for the River Edge Redevelopment Zone site remediation tax credit under subsection (n) of Section 201 of the Illinois Income Tax Act, a Remediation Applicant must first submit to the Agency an application for review of remediation costs. The Agency shall review the application. The application and review process must be conducted in accordance with the requirements of this Section and the rules adopted under subsection (g). A preliminary review of the estimated remediation costs for development and implementation of the Remedial Action Plan may be obtained in accordance with subsection (d). (b) No application for review may be submitted until a No Further Remediation Letter has been issued by the Agency and recorded in the chain of title for the site in accordance with Section 58.10. The Agency shall review the application to determine whether the costs submitted are remediation costs and whether the costs incurred are reasonable. The application must be on forms prescribed and provided by the Agency. At a minimum, the application must include the following: (1) information identifying the Remediation | | Applicant, the site for which the tax credit is being sought, and the date of acceptance of the site into the Site Remediation Program;
|
| (2) a copy of the No Further Remediation Letter with
| | official verification that the letter has been recorded in the chain of title for the site and a demonstration that the site for which the application is submitted is the same site as the one for which the No Further Remediation Letter is issued;
|
| (3) a demonstration that the release of the regulated
| | substances of concern for which the No Further Remediation Letter was issued were not caused or contributed to in any material respect by the Remediation Applicant. Determinations as to credit availability shall be made consistent with the Pollution Control Board rules for the administration and enforcement of Section 58.9 of this Act;
|
| (4) an itemization and documentation, including
| | receipts, of the remediation costs incurred;
|
| (5) a demonstration that the costs incurred are
| | remediation costs as defined in this Act and its rules;
|
| (6) a demonstration that the costs submitted for
| | review were incurred by the Remediation Applicant who received the No Further Remediation Letter;
|
| (7) an application fee in the amount set forth in
| | subsection (e) for each site for which review of remediation costs is requested and, if applicable, certification from the Department of Commerce and Economic Opportunity that the site is located in a River Edge Redevelopment Zone; and
|
| (8) any other information deemed appropriate by the
| | (c) Within 60 days after receipt by the Agency of an application meeting the requirements of subsection (b), the Agency shall issue a letter to the applicant approving, disapproving, or modifying the remediation costs submitted in the application. If the remediation costs are approved as submitted, then the Agency's letter must state the amount of the remediation costs to be applied toward the River Edge Redevelopment Zone site remediation tax credit. If an application is disapproved or approved with modification of remediation costs, then the Agency's letter must set forth the reasons for the disapproval or modification and must state the amount of the remediation costs, if any, to be applied toward the River Edge Redevelopment Zone site remediation tax credit.
If a preliminary review of a budget plan has been obtained under subsection (d), then the Remediation Applicant may submit, with the application and supporting documentation under subsection (b), a copy of the Agency's final determination accompanied by a certification that the actual remediation costs incurred for the development and implementation of the Remedial Action Plan are equal to or less than the costs approved in the Agency's final determination on the budget plan. The certification must be signed by the Remediation Applicant and notarized. Based on that submission, the Agency is not required to conduct further review of the costs incurred for development and implementation of the Remedial Action Plan, and it may approve the costs as submitted.
Within 35 days after the receipt of an Agency letter disapproving or modifying an application for approval of remediation costs, the Remediation Applicant may appeal the Agency's decision to the Board in the manner provided for the review of permits under Section 40 of this Act.
(d) A Remediation Applicant may obtain a preliminary review of estimated remediation costs for the development and implementation of the Remedial Action Plan by submitting a budget plan along with the Remedial Action Plan. The budget plan must be set forth on forms prescribed and provided by the Agency and must include, without limitation, line-item estimates of the costs associated with each line item (such as personnel, equipment, and materials) that the Remediation Applicant anticipates will be incurred for the development and implementation of the Remedial Action Plan. The Agency shall review the budget plan along with the Remedial Action Plan to determine whether the estimated costs submitted are remediation costs and whether the costs estimated for the activities are reasonable.
If the Remedial Action Plan is amended by the Remediation Applicant or as a result of Agency action, then the corresponding budget plan must be revised accordingly and resubmitted for Agency review.
The budget plan must be accompanied by the applicable fee as set forth in subsection (e).
The submittal of a budget plan is deemed to be an automatic 60-day waiver of the Remedial Action Plan review deadlines set forth in this Section and its rules.
Within the applicable period of review, the Agency shall issue a letter to the Remediation Applicant approving, disapproving, or modifying the estimated remediation costs submitted in the budget plan. If a budget plan is disapproved or approved with modification of estimated remediation costs, then the Agency's letter must set forth the reasons for the disapproval or modification.
Within 35 days after receipt of an Agency letter disapproving or modifying a budget plan, the Remediation Applicant may appeal the Agency's decision to the Board in the manner provided for the review of permits under Section 40 of this Act.
(e) Any fee for a review conducted under this Section is in addition to any other fees or payments for Agency services rendered under the Site Remediation Program. The fees under this Section are as follows:
(1) the fee for an application for review of
| | remediation costs is $250 for each site reviewed; and
|
| (2) there is no fee for the review of the budget plan
| | submitted under subsection (d).
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| The application fee must be made payable to the State of Illinois, for deposit into the Hazardous Waste Fund.
Pursuant to appropriation, the Agency shall use the fees collected under this subsection for development and administration of the review program.
(f) The Agency has the authority to enter into any contracts or agreements that may be necessary to carry out its duties and responsibilities under this Section.
(g) The Agency shall adopt rules prescribing procedures and standards for its administration of this Section. Prior to the
effective date of rules adopted under this Section, the Agency may conduct reviews of applications under this Section. The Agency may publish informal guidelines concerning this Section to provide guidance.
(Source: P.A. 102-444, eff. 8-20-21.)
|
415 ILCS 5/58.15 (415 ILCS 5/58.15) Sec. 58.15. Brownfields Programs. (A) Brownfields Redevelopment Loan Program. (a) The Agency shall establish and administer a revolving loan program to be known as the "Brownfields Redevelopment Loan Program" for the purpose of providing loans to be used for site investigation, site remediation, or both, at brownfields sites. All principal, interest, and penalty payments from loans made under this subsection (A) shall be deposited into the Brownfields Redevelopment Fund and reused in accordance with this Section. (b) General requirements for loans: (1) Loans shall be at or below market interest rates | | in accordance with a formula set forth in regulations promulgated under subdivision (A)(c) of this subsection (A).
|
| (2) Loans shall be awarded subject to availability of
| | funding based on the order of receipt of applications satisfying all requirements as set forth in the regulations promulgated under subdivision (A)(c) of this subsection (A).
|
| (3) The maximum loan amount under this subsection (A)
| | for any one project is $1,000,000.
|
| (4) In addition to any requirements or conditions
| | placed on loans by regulation, loan agreements under the Brownfields Redevelopment Loan Program shall include the following requirements:
|
| (A) the loan recipient shall secure the loan
| | (B) completion of the loan repayment shall not
| | exceed 15 years or as otherwise prescribed by Agency rule; and
|
| (C) loan agreements shall provide for a
| | confession of judgment by the loan recipient upon default.
|
| (5) Loans shall not be used to cover expenses
| | incurred prior to the approval of the loan application.
|
| (6) If the loan recipient fails to make timely
| | payments or otherwise fails to meet its obligations as provided in this subsection (A) or implementing regulations, the Agency is authorized to pursue the collection of the amounts past due, the outstanding loan balance, and the costs thereby incurred, either pursuant to the Illinois State Collection Act of 1986 or by any other means provided by law, including the taking of title, by foreclosure or otherwise, to any project or other property pledged, mortgaged, encumbered, or otherwise available as security or collateral.
|
| (c) The Agency shall have the authority to enter into any contracts or agreements that may be necessary to carry out its duties or responsibilities under this subsection (A). The Agency shall have the authority to promulgate regulations setting forth procedures and criteria for administering the Brownfields Redevelopment Loan Program. The regulations promulgated by the Agency for loans under this subsection (A) shall include, but need not be limited to, the following elements:
(1) loan application requirements;
(2) determination of credit worthiness of the loan
| | (3) types of security required for the loan;
(4) types of collateral, as necessary, that can be
| | (5) special loan terms, as necessary, for securing
| | the repayment of the loan;
|
| (6) maximum loan amounts;
(7) purposes for which loans are available;
(8) application periods and content of applications;
(9) procedures for Agency review of loan
| | applications, loan approvals or denials, and loan acceptance by the loan recipient;
|
| (10) procedures for establishing interest rates;
(11) requirements applicable to disbursement of loans
| | (12) requirements for securing loan repayment
| | (13) conditions or circumstances constituting default;
(14) procedures for repayment of loans and delinquent
| | loans including, but not limited to, the initiation of principal and interest payments following loan acceptance;
|
| (15) loan recipient responsibilities for work
| | schedules, work plans, reports, and record keeping;
|
| (16) evaluation of loan recipient performance,
| | including auditing and access to sites and records;
|
| (17) requirements applicable to contracting and
| | subcontracting by the loan recipient, including procurement requirements;
|
| (18) penalties for noncompliance with loan
| | requirements and conditions, including stop-work orders, termination, and recovery of loan funds; and
|
| (19) indemnification of the State of Illinois and the
| | Agency by the loan recipient.
|
| (d) Moneys in the Brownfields Redevelopment Fund may be used as a source of revenue or security for the principal and interest on revenue or general obligation bonds issued by the State or any political subdivision or instrumentality thereof, if the proceeds of those bonds will be deposited into the Fund.
(B) Brownfields Site Restoration Program.
(a)(1) The Agency must establish and administer a program for the payment of remediation costs to be known as the Brownfields Site Restoration Program. The Agency, through the Program, shall provide Remediation Applicants with financial assistance for the investigation and remediation of abandoned or underutilized properties. The investigation and remediation shall be performed in accordance with this Title XVII of this Act.
(2) For each State fiscal year in which funds are made available to the Agency for payment under this subsection (B), the Agency must, subject to the availability of funds, allocate 20% of the funds to be available to Remediation Applicants within counties with populations over 2,000,000. The remaining funds must be made available to all other Remediation Applicants in the State.
(3) The Agency must not approve payment in excess of $750,000 to a Remediation Applicant for remediation costs incurred at a remediation site. Eligibility must be determined based on a minimum capital investment in the redevelopment of the site, and payment amounts must not exceed the net economic benefit to the State of the remediation project. In addition to these limitations, the total payment to be made to an applicant must not exceed an amount equal to 20% of the capital investment at the site.
(4) Only those remediation projects for which a No Further Remediation Letter is issued by the Agency after December 31, 2001 are eligible to participate in the Brownfields Site Restoration Program. The program does not apply to any sites that have received a No Further Remediation Letter prior to December 31, 2001 or for costs incurred prior to the Agency approving a site eligible for the Brownfields Site Restoration Program.
(5) Brownfields Site Restoration Program funds shall be subject to availability of funding and distributed based on the order of receipt of applications satisfying all requirements as set forth in this Section.
(b) Prior to applying to the Agency for payment, a Remediation Applicant shall first submit to the Agency its proposed remediation costs. The Agency shall make a pre-application assessment, which is not to be binding upon future review of the project, relating only to whether the Agency has adequate funding to reimburse the applicant for the remediation costs if the applicant is found to be eligible for reimbursement of remediation costs. If the Agency determines that it is likely to have adequate funding to reimburse the applicant for remediation costs, the Remediation Applicant may then submit to the Agency an application for review of eligibility. The Agency must review the eligibility application to determine whether the Remediation Applicant is eligible for the payment. The application must be on forms prescribed and provided by the Agency. At a minimum, the application must include the following:
(1) Information identifying the Remediation Applicant
| | and the site for which the payment is being sought and the date of acceptance into the Site Remediation Program.
|
| (2) Information demonstrating that the site for which
| | the payment is being sought is abandoned or underutilized property. "Abandoned property" means real property previously used for, or that has the potential to be used for, commercial or industrial purposes that reverted to the ownership of the State, a county or municipal government, or an agency thereof, through donation, purchase, tax delinquency, foreclosure, default, or settlement, including conveyance by deed in lieu of foreclosure; or privately owned property that has been vacant for a period of not less than 3 years from the time an application is made to the Agency. "Underutilized property" means real property of which less than 35% of the commercially usable space of the property and improvements thereon are used for their most commercially profitable and economically productive uses.
|
| (3) Information demonstrating that remediation of the
| | site for which the payment is being sought will result in a net economic benefit to the State of Illinois. The "net economic benefit" must be determined based on factors including, but not limited to, the capital investment, the number of jobs created, the number of jobs retained if it is demonstrated the jobs would otherwise be lost, capital improvements, the number of construction-related jobs, increased sales, material purchases, other increases in service and operational expenditures, and other factors established by the Agency. Priority must be given to sites located in areas with high levels of poverty, where the unemployment rate exceeds the State average, where an enterprise zone exists, or where the area is otherwise economically depressed as determined by the Agency.
|
| (4) An application fee in the amount set forth in
| | subdivision (B)(c) for each site for which review of an application is being sought.
|
| (c) The fee for eligibility reviews conducted by the Agency under this subsection (B) is $1,000 for each site reviewed. The application fee must be made payable to the Agency for deposit into the Brownfields Redevelopment Fund. These application fees shall be used by the Agency for administrative expenses incurred under this subsection (B).
(d) Within 60 days after receipt by the Agency of an application meeting the requirements of subdivision (B)(b), the Agency must issue a letter to the applicant approving the application, approving the application with modifications, or disapproving the application. If the application is approved or approved with modifications, the Agency's letter must also include its determination of the "net economic benefit" of the remediation project and the maximum amount of the payment to be made available to the applicant for remediation costs. The payment by the Agency under this subsection (B) must not exceed the "net economic benefit" of the remediation project.
(e) An application for a review of remediation costs must not be submitted to the Agency unless the Agency has determined the Remediation Applicant is eligible under subdivision (B)(d). If the Agency has determined that a Remediation Applicant is eligible under subdivision (B)(d), the Remediation Applicant may submit an application for payment to the Agency under this subsection (B). Except as provided in subdivision (B)(f), an application for review of remediation costs must not be submitted until a No Further Remediation Letter has been issued by the Agency and recorded in the chain of title for the site in accordance with Section 58.10. The Agency must review the application to determine whether the costs submitted are remediation costs and whether the costs incurred are reasonable. The application must be on forms prescribed and provided by the Agency. At a minimum, the application must include the following:
(1) Information identifying the Remediation Applicant
| | and the site for which the payment is being sought and the date of acceptance of the site into the Site Remediation Program.
|
| (2) A copy of the No Further Remediation Letter with
| | official verification that the letter has been recorded in the chain of title for the site and a demonstration that the site for which the application is submitted is the same site as the one for which the No Further Remediation Letter is issued.
|
| (3) A demonstration that the release of the regulated
| | substances of concern for which the No Further Remediation Letter was issued was not caused or contributed to in any material respect by the Remediation Applicant. The Agency must make determinations as to reimbursement availability consistent with rules adopted by the Pollution Control Board for the administration and enforcement of Section 58.9 of this Act.
|
| (4) A copy of the Agency's letter approving
| | eligibility, including the net economic benefit of the remediation project.
|
| (5) An itemization and documentation, including
| | receipts, of the remediation costs incurred.
|
| (6) A demonstration that the costs incurred are
| | remediation costs as defined in this Act and rules adopted under this Act.
|
| (7) A demonstration that the costs submitted for
| | review were incurred by the Remediation Applicant who received the No Further Remediation Letter.
|
| (8) An application fee in the amount set forth in
| | subdivision (B)(j) for each site for which review of remediation costs is requested.
|
| (9) Any other information deemed appropriate by the
| | (f) An application for review of remediation costs may be submitted to the Agency prior to the issuance of a No Further Remediation Letter if the Remediation Applicant has a Remedial Action Plan approved by the Agency under the terms of which the Remediation Applicant will remediate groundwater for more than one year. The Agency must review the application to determine whether the costs submitted are remediation costs and whether the costs incurred are reasonable. The application must be on forms prescribed and provided by the Agency. At a minimum, the application must include the following:
(1) Information identifying the Remediation Applicant
| | and the site for which the payment is being sought and the date of acceptance of the site into the Site Remediation Program.
|
| (2) A copy of the Agency letter approving the
| | (3) A demonstration that the release of the regulated
| | substances of concern for which the Remedial Action Plan was approved was not caused or contributed to in any material respect by the Remediation Applicant. The Agency must make determinations as to reimbursement availability consistent with rules adopted by the Pollution Control Board for the administration and enforcement of Section 58.9 of this Act.
|
| (4) A copy of the Agency's letter approving
| | eligibility, including the net economic benefit of the remediation project.
|
| (5) An itemization and documentation, including
| | receipts, of the remediation costs incurred.
|
| (6) A demonstration that the costs incurred are
| | remediation costs as defined in this Act and rules adopted under this Act.
|
| (7) A demonstration that the costs submitted for
| | review were incurred by the Remediation Applicant who received approval of the Remediation Action Plan.
|
| (8) An application fee in the amount set forth in
| | subdivision (B)(j) for each site for which review of remediation costs is requested.
|
| (9) Any other information deemed appropriate by the
| | (g) For a Remediation Applicant seeking a payment under subdivision (B)(f), until the Agency issues a No Further Remediation Letter for the site, no more than 75% of the allowed payment may be claimed by the Remediation Applicant. The remaining 25% may be claimed following the issuance by the Agency of a No Further Remediation Letter for the site. For a Remediation Applicant seeking a payment under subdivision (B)(e), until the Agency issues a No Further Remediation Letter for the site, no payment may be claimed by the Remediation Applicant.
(h)(1) Within 60 days after receipt by the Agency of an application meeting the requirements of subdivision (B)(e) or (B)(f), the Agency must issue a letter to the applicant approving, disapproving, or modifying the remediation costs submitted in the application. If an application is disapproved or approved with modification of remediation costs, then the Agency's letter must set forth the reasons for the disapproval or modification.
(2) If a preliminary review of a budget plan has been obtained under subdivision (B)(i), the Remediation Applicant may submit, with the application and supporting documentation under subdivision (B)(e) or (B)(f), a copy of the Agency's final determination accompanied by a certification that the actual remediation costs incurred for the development and implementation of the Remedial Action Plan are equal to or less than the costs approved in the Agency's final determination on the budget plan. The certification must be signed by the Remediation Applicant and notarized. Based on that submission, the Agency is not required to conduct further review of the costs incurred for development and implementation of the Remedial Action Plan and may approve costs as submitted.
(3) Within 35 days after receipt of an Agency letter disapproving or modifying an application for approval of remediation costs, the Remediation Applicant may appeal the Agency's decision to the Board in the manner provided for the review of permits in Section 40 of this Act.
(i)(1) A Remediation Applicant may obtain a preliminary review of estimated remediation costs for the development and implementation of the Remedial Action Plan by submitting a budget plan along with the Remedial Action Plan. The budget plan must be set forth on forms prescribed and provided by the Agency and must include, but is not limited to, line item estimates of the costs associated with each line item (such as personnel, equipment, and materials) that the Remediation Applicant anticipates will be incurred for the development and implementation of the Remedial Action Plan. The Agency must review the budget plan along with the Remedial Action Plan to determine whether the estimated costs submitted are remediation costs and whether the costs estimated for the activities are reasonable.
(2) If the Remedial Action Plan is amended by the Remediation Applicant or as a result of Agency action, the corresponding budget plan must be revised accordingly and resubmitted for Agency review.
(3) The budget plan must be accompanied by the applicable fee as set forth in subdivision (B)(j).
(4) Submittal of a budget plan must be deemed an automatic 60-day waiver of the Remedial Action Plan review deadlines set forth in this subsection (B) and rules adopted under this subsection (B).
(5) Within the applicable period of review, the Agency must issue a letter to the Remediation Applicant approving, disapproving, or modifying the estimated remediation costs submitted in the budget plan. If a budget plan is disapproved or approved with modification of estimated remediation costs, the Agency's letter must set forth the reasons for the disapproval or modification.
(6) Within 35 days after receipt of an Agency letter disapproving or modifying a budget plan, the Remediation Applicant may appeal the Agency's decision to the Board in the manner provided for the review of permits in Section 40 of this Act.
(j) The fees for reviews conducted by the Agency under this subsection (B) are in addition to any other fees or payments for Agency services rendered pursuant to the Site Remediation Program and are as follows:
(1) The fee for an application for review of
| | remediation costs is $1,000 for each site reviewed.
|
| (2) The fee for the review of the budget plan
| | submitted under subdivision (B)(i) is $500 for each site reviewed.
|
| The application fee and the fee for the review of the budget plan must be made payable to the State of Illinois, for deposit into the Brownfields Redevelopment Fund.
(k) Moneys in the Brownfields Redevelopment Fund may be used for the purposes of this Section, including payment for the costs of administering this subsection (B). Total payments made to all Remediation Applicants by the Agency for purposes of this subsection (B) must not exceed $1,000,000 in State fiscal year 2002.
(l) The Agency is authorized to enter into any contracts or agreements that may be necessary to carry out the Agency's duties and responsibilities under this subsection (B).
(m) Within 6 months after July 23, 2002 (the effective date of Public Act 92-715), the Department of Commerce and Community Affairs (now Department of Commerce and Economic Opportunity) and the Agency must propose rules prescribing procedures and standards for the administration of this subsection (B). Within 9 months after receipt of the proposed rules, the Board shall adopt on second notice, pursuant to Sections 27 and 28 of this Act and the Illinois Administrative Procedure Act, rules that are consistent with this subsection (B). Prior to the effective date of rules adopted under this subsection (B), the Department of Commerce and Community Affairs (now Department of Commerce and Economic Opportunity) and the Agency may conduct reviews of applications under this subsection (B) and the Agency is further authorized to distribute guidance documents on costs that are eligible or ineligible as remediation costs.
(Source: P.A. 102-444, eff. 8-20-21; 103-616, eff. 7-1-24.)
|
415 ILCS 5/58.16
(415 ILCS 5/58.16)
Sec. 58.16. Construction of school; requirements. This Section applies
only to counties with a population of more than 3,000,000. In this Section,
"school" means any public school located in whole or in part in a county with
a population of more than 3,000,000. No person shall commence construction on
real property of a building intended for use as a school unless:
(1) a Phase I Environmental Audit, conducted in | | accordance with Section 22.2 of this Act, is obtained;
|
|
(2) if the Phase I Environmental Audit discloses the
| | presence or likely presence of a release or a substantial threat of a release of a regulated substance at, on, to, or from the real property, a Phase II Environmental Audit, conducted in accordance with Section 22.2 of this Act, is obtained; and
|
|
(3) if the Phase II Environmental Audit discloses the
| | presence or likely presence of a release or a substantial threat of a release of a regulated substance at, on, to, or from the real property: (i) the real property is enrolled in the Site Remediation Program, and (ii) the remedial action plan is approved by the Agency, if a remedial action plan is required by Board regulations.
|
|
No person shall cause or allow any person to occupy a building intended
to be used as a school for which a remedial action plan is required by Board
regulations unless all work pursuant to the remedial action plan is completed.
(Source: P.A. 98-756, eff. 7-16-14.)
|
415 ILCS 5/58.17
(415 ILCS 5/58.17)
Sec. 58.17.
Environmental Land Use Control.
No later than 2 months after
July 7, 2000, the
Agency, after consideration of the recommendations of the Regulations and Site
Remediation Advisory Committee, shall propose rules creating an instrument to
be known as the Environmental Land Use Control (ELUC). Within 6 months after
receipt of the Agency's proposed rules, the Board shall adopt, pursuant to
Sections 27 and 28 of this Act, rules creating the ELUC that establish land
use limitations or obligations on the use of real property when necessary to
manage risk to human health or the environment arising from contamination left
in place pursuant to the procedures set forth in Section 58.5 of this Act or
35 Ill. Adm. Code 742. The rules shall include provisions addressing
establishment, content, recording, duration, and enforcement of ELUCs.
(Source: P.A. 91-909, eff. 7-7-00; 92-574, eff. 6-26-02.)
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415 ILCS 5/58.18
(415 ILCS 5/58.18)
Sec. 58.18.
(Repealed).
(Source: P.A. 92-486, eff. 1-1-02. Repealed by P.A. 92-715, eff. 7-23-02.)
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415 ILCS 5/Tit. XVIII
(415 ILCS 5/Tit. XVIII heading)
TITLE XVIII: CARBON CAPTURE AND SEQUESTRATION
(Source: P.A. 103-651, eff. 7-18-24.) |
415 ILCS 5/59 (415 ILCS 5/59) Sec. 59. Definitions. As used in this Title: "Carbon dioxide capture project" mean a project or facility that: (1) uses equipment to capture a significant quantity | | of carbon dioxide directly from the ambient air or uses a process to separate carbon dioxide from industrial or energy-related sources, other than oil or gas production from a well; and
|
| (2) produces a concentrated fluid of carbon dioxide.
"Carbon dioxide stream" means carbon dioxide, any incidental associated substances derived from the source materials and process of producing or capturing carbon dioxide, and any substance added to the stream to enable or improve the injection process or the detection of a leak or rupture.
"Carbon sequestration activity" means the injection of one or more carbon dioxide streams into underground geologic formations under at least one Class VI well permit for long-term sequestration.
"Criteria pollutants" means the 6 pollutants for which the United States Environmental Protection Agency has set National Ambient Air Quality Standards under Section 109 of the Clean Air Act, together with recognized precursors to those pollutants.
"Project labor agreement" means a prehire collective bargaining agreement that covers all terms and conditions of employment on a specific construction project and must include the following:
(1) provisions establishing the minimum hourly wage
| | for each class of labor organization employee;
|
| (2) provisions establishing the benefits and other
| | compensation for each class of labor organization employee;
|
| (3) provisions establishing that no strike or
| | disputes will be engaged in by the labor organization employees;
|
| (4) provisions establishing that no lockout or
| | disputes will be engaged in by the general contractor building the project; and
|
| (5) provisions for minorities and women, as defined
| | under the Business Enterprise for Minorities, Women, and Persons with Disabilities Act, setting forth goals for apprenticeship hours to be performed by minorities and women and setting forth goals for total hours to be performed by underrepresented minorities and women.
|
| "Project labor agreement" includes other terms and conditions a labor organization or general contractor building the project deems necessary.
"Sequestration facility" means the carbon dioxide sequestration reservoir, underground equipment, including, but not limited to, well penetrations, and surface facilities and equipment used or proposed to be used in a carbon sequestration activity. "Sequestration facility" includes each injection well and equipment used to connect surface activities to the carbon dioxide sequestration reservoir and underground equipment. "Sequestration facility" does not include pipelines used to transport carbon dioxide to a sequestration facility.
(Source: P.A. 103-651, eff. 7-18-24.)
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415 ILCS 5/59.1 (415 ILCS 5/59.1) Sec. 59.1. Carbon capture permit requirements. For air construction permit applications for carbon dioxide capture projects at existing sources submitted on or after the effective date of this amendatory Act of the 103rd General Assembly, no permit may be issued unless all of the following requirements are met: (1) The permit applicant demonstrates that there will | | be no net increase in the individual allowable potential annual criteria pollutant emissions at the source. If the Agency determines that it is technically infeasible for an applicant to demonstrate that there will be no net increase in the individual allowable potential annual criteria pollutant emissions at the source, the Agency shall allow an alternative demonstration.
|
| (2) The Agency has complied with the public
| | participation requirements under 35 Ill. Adm. Code 252.
|
| (3) The permit applicant submits to the Agency in its
| | permit application, a Greenhouse Gas Inventory Analysis, as set forth in guidance from the United States Environmental Protection Agency, that includes all emissions at the stack or emissions source from which carbon dioxide is captured and a demonstration that the total greenhouse gas emissions associated with capture, including, but not limited to, (i) the emissions at the stack or emissions source from which the carbon dioxide is captured, (ii) the additional emissions associated with additional electricity generated, whether on-site or off-site, used to power any capture equipment, and (iii) any increased emissions necessary for the operation of the capture facility as compared to before the installation and operation of the capture equipment at the facility, do not exceed the total amount of greenhouse gas emissions captured. This comparison shall be made on an annual basis, projected across the proposed life span of the capture project.
|
| (4) The permit applicant provides a water impact
| | assessment report. The report must have been submitted to Department of Natural Resources and to the Soil and Water Conservation District in the county in which the project will be constructed. The report shall identify the following:
|
| (A) each water source to be used by the project;
(B) the pumping method to be used by the project;
(C) the maximum and expected average daily
| | pumping rates for the pumps used by the project;
|
| (D) the impacts to each water source used by the
| | project, such as aquifer drawdown or river reductions; and
|
| (E) a detailed assessment of the impact on water
| | users near the area of impact.
|
| The water impact assessment shall consider the water
| | impacts (i) immediately following the project's initial operations, (ii) at the end of the project's expected operational life, and (iii) during a drought or other similar event.
|
| The permit applicant shall submit a certification to the Agency that the applicant has submitted its initial water use impact study and the applicant's ongoing water usage to the Department of Natural Resources. This requirement may be satisfied by submitting to the Agency copies of documents provided to the United States Environmental Protection Agency in accordance with 40 CFR 146.82 if the applicant satisfies the requirements of this Section.
(Source: P.A. 103-651, eff. 7-18-24.)
|
415 ILCS 5/59.2 (415 ILCS 5/59.2) Sec. 59.2. Report on minimum carbon capture standards and the deployment of carbon capture and sequestration technology. By December 1, 2028, the Agency, in consultation with Illinois Emergency Management Agency and Office of Homeland Security, the Illinois Commerce Commission, the Commission on Environmental Justice, and the Department of Natural Resources, shall submit to the Governor and General Assembly, a report that reviews the progress on the implementation of carbon dioxide capture, transport, and storage projects in this State. The Agency may also obtain outside consultants to assist with the report. The report shall include, at minimum: (1) a review of federal and other State statutory or | | regulatory actions to establish and implement a minimum carbon capture efficiency rate at the stack or emission point;
|
| (2) a review of active and proposed capture projects,
| | including the types of technology and capture rates used by various industry subsectors to capture and store carbon;
|
| (3) an assessment of the technical and economic
| | feasibility of carbon capture in various industries and various rates of capture; and
|
| (4) an environmental justice analysis which includes,
| | (A) an assessment of capture, transport, and
| | sequestration projects that present potential impacts on environmental justice communities and economically disadvantaged rural communities;
|
| (B) how public participation processes associated
| | with the permitting of carbon capture, transport, and storage projects provide transparency and meaningful participation for environmental justice communities, rural communities, minority populations, low-income populations, tribes, or indigenous peoples; and
|
| (C) options for State agencies and
| | decision-makers to improve environmental, public health, and economic protections for environmental justice communities and economically disadvantaged rural communities in permitting and regulatory enforcement of permit provisions of carbon capture, transport, and sequestration proposals.
|
|
(Source: P.A. 103-651, eff. 7-18-24.)
|
415 ILCS 5/59.3 (415 ILCS 5/59.3) Sec. 59.3. Minimum carbon dioxide capture efficiency rulemaking authority. The Agency may propose, and the Board may adopt, rules to establish a minimum carbon capture efficiency rate for carbon capture projects. The Agency may propose, and the Board may adopt, a minimum carbon capture efficiency rate that is applicable to all carbon capture projects or individual efficiencies applicable to distinct industries.
(Source: P.A. 103-651, eff. 7-18-24.) |
415 ILCS 5/59.4 (415 ILCS 5/59.4) Sec. 59.4. Report on the status and impact of carbon capture and sequestration. Beginning July 1, 2029, and every 5 years thereafter, the Agency shall submit a report to the Governor and General Assembly that includes, for each carbon dioxide capture project in this State: (1) the amount of carbon dioxide captured on an | | (2) the means for transporting the carbon dioxide to
| | a sequestration or utilization facility;
|
| (3) the location of the sequestration or utilization
| | (4) the electrical power consumption of the carbon
| | dioxide capture equipment; and
|
| (5) the generation source or sources providing
| | electrical power for the carbon dioxide capture equipment and the emissions of CO 2 and criteria pollutants of the generation source or sources.
|
|
(Source: P.A. 103-651, eff. 7-18-24.)
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415 ILCS 5/59.5 (415 ILCS 5/59.5) Sec. 59.5. Prohibitions. (a) No person shall conduct a carbon sequestration activity without a permit issued by the Agency under Section 59.6. This prohibition does not apply to any carbon sequestration activity in existence and permitted by the United States Environmental Protection Agency on or before the effective date of this amendatory Act of the 103rd General Assembly or to any Class VI well for which (1) a Class VI well permit has been filed with the United States Environmental Protection Agency and a completeness determination had been received prior to January 1, 2023, and (2) the sequestration activity will occur on a contiguous property with common ownership where the carbon dioxide is generated, captured, and injected. (b) No person shall conduct a carbon sequestration activity in violation of this Act. (c) No person shall conduct a carbon sequestration activity in violation of any applicable rules adopted by the Pollution Control Board. (d) No person shall conduct a carbon sequestration activity in violation of a permit issued by the Agency under this Act. (e) No person shall fail to submit reports required by this Act or required by a permit issued by the Agency under this Act. (f) No person shall conduct a carbon sequestration activity without obtaining an order for integration of pore space from the Department of Natural Resources, if applicable.
(Source: P.A. 103-651, eff. 7-18-24.) |
415 ILCS 5/59.6 (415 ILCS 5/59.6) Sec. 59.6. Sequestration permit; application contents. An application to obtain a carbon sequestration permit under this Act shall contain, at a minimum, the following: (1) A map and accompanying description that clearly | | identifies the location of all carbon sequestration activities for which a permit is sought.
|
| (2) A map and accompanying description that clearly
| | identifies the properties overlaying the carbon sequestration activity.
|
| (3) Copies of any permit and related application
| | materials submitted to or issued by the United States Environmental Protection Agency in accordance with 40 CFR 146.82.
|
| (4) A report describing air and soil gas baseline
| | conditions at properties potentially impacted by a release from the carbon sequestration activity to determine background levels of constituents of concern present before the commencement of the carbon sequestration activity for which a permit is sought. The report must:
|
| (A) contain sampling data generated within 180
| | calendar days prior to the submission of the permit application;
|
| (B) identify the constituents of concern for
| | which monitoring was conducted and the method for selecting those constituents of concern;
|
| (C) use and describe the sampling methodology
| | employed to collect and test air and soil samples in a manner consistent with standards established by a national laboratory accreditation body;
|
| (D) identify the accredited laboratory used to
| | conduct necessary testing; and
|
| (E) include the sampling results for the
| | identified constituents of concern.
|
| (5) The permit application must include an air
| | monitoring plan containing, at a minimum, the following elements:
|
| (A) sufficient surface and near-surface
| | monitoring points based on potential risks of atmospheric carbon dioxide and any other identified constituents of concern attributable to the carbon sequestration activity to identify the nature and extent any release of carbon dioxide or other constituents of concern, the source of the release, and the estimated volume of the release;
|
| (B) a monitoring frequency designed to evaluate
| | the nature and extent of any release of carbon dioxide or other constituents of concern, the source of the release, and the estimated volume of the release;
|
| (C) a description of the monitoring network
| | components and methods, including sampling and equipment quality assurance methods, that comply with applicable testing and laboratory standards, established by a national laboratory accreditation body;
|
| (D) confirmation monitoring protocols to address
| | any monitoring results that reflect a statistically significant increase over background levels; and
|
| (E) development and submission of quarterly air
| | monitoring reports to the Agency.
|
| This requirement may be satisfied by the submission
| | of copies of documents provided to the United States Environmental Protection Agency in accordance with 40 CFR 146.82 if the applicant satisfies the requirements of this Section.
|
| (6) The permit application must include a soil gas
| | monitoring plan containing, at a minimum, the following elements:
|
| (A) sufficient soil sampling points and sampling
| | depths to identify the nature and extent of any release of carbon dioxide or other constituents of concern, the source of the release, and the estimated volume of the release;
|
| (B) a monitoring frequency designed to identify
| | the nature and extent of any release of carbon dioxide or other constituents of concern, the source of the release, and the estimated volume of the release;
|
| (C) a description of the monitoring network
| | components and methods, including sampling and equipment quality assurance methods, that comply with applicable testing and laboratory standards, established by a national laboratory accreditation body;
|
| (D) confirmation monitoring protocols to address
| | any monitoring results that reflect a statistically significant increase over background levels; and
|
| (E) development and submission of quarterly soil
| | gas monitoring reports to the Agency.
|
| This requirement may be satisfied by the submission
| | of copies of documents provided to the United States Environmental Protection Agency in accordance with 40 CFR 146.82 if the applicant satisfies the requirements of this Section.
|
| (7) The permit application must include an emergency
| | response plan designed to respond to and minimize the immediate threat to human health and the environment from a release from the carbon sequestration activity. The plan must have been submitted to the Illinois Emergency Management Agency and Office of Homeland Security for review and input on the emergency preparedness activities prior to submitting in a permit application to the Agency. Proof of this submission must be included with the permit application. The plan must:
|
| (A) identify the resources and infrastructure
| | near carbon sequestration activity;
|
| (B) identify potential risk scenarios that would
| | result in the need to trigger a response plan. Potential risk scenarios must include, at a minimum:
|
| (i) injection or monitoring well integrity
| | (ii) injection well monitoring equipment
| | (iii) fluid or carbon dioxide release;
(iv) natural disaster; or
(v) induced or natural seismic event;
(C) describe response actions necessary to
| | prepare for and address each risk scenario identified in the emergency response plan. These actions should include, but are not limited to, identification and maintenance of sensors and alarms to detect carbon dioxide leaks, an internal and external communications plan accounting for external communications to the public in the primary languages of potentially impacted populations, a training program that includes regular training for employees and emergency responders on how to handle carbon dioxide, public safety, and evacuation plans, and post-incident analysis and reporting procedures;
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| (D) identify personnel and equipment necessary to
| | comprehensively address the emergency;
|
| (E) describe emergency notification procedures,
| | including notifications to and coordination with State and local emergency response agencies;
|
| (F) describe the process for determining the
| | nature and extent of any injuries or private or public property damage attributable to the release of carbon dioxide;
|
| (G) include an air and soil gas monitoring plan
| | designed to determine the nature and extent of any air or soil gas impacts attributable to a release from the permitted carbon sequestration activity; and
|
| (H) provide any additional information or action
| | plans requested by the Agency or the Illinois Emergency Management Agency and Office of Homeland Security.
|
| This requirement may be satisfied by the submission
| | of copies of documents provided to the United States Environmental Protection Agency in accordance with 40 CFR 146.82 if the applicant satisfies the requirements of this Section.
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| (8) The permit applicant must include a water impact
| | assessment report. The report must have been submitted to the Department of Natural Resources and to the Soil and Water Conservation District in the county in which the project will be constructed. The report shall identify the following:
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| (A) each water source to be used by the project;
(B) the pumping method to be used by the project;
(C) the maximum and expected average daily
| | pumping rates for the pumps used by the project;
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| (D) the impacts to each water source, such as
| | aquifer drawdown or river reductions; and
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| (E) a detailed assessment of the impact of the
| | project on water users near the area of impact.
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| The impact assessment shall consider the water
| | impacts (i) immediately following the project's initial operations, (ii) at the end of the project's expected operational life, and (iii) during a drought or other similar event.
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| The permit applicant shall submit a certification to
| | the Agency from the Department of Natural Resources that the applicant has submitted its initial water use impact study and is submitting to the Department of Resources the applicant's ongoing water usage. This requirement may be satisfied by the submission of copies of documents provided to the United States Environmental Protection Agency in accordance with 40 CFR 146.82 if the applicant satisfies the requirements of this Section.
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| (9) The permit application must include a remedial
| | action plan designed to address the air and soil impacts of a release from the carbon sequestration activity. The remedial action plan must, at a minimum:
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| (A) identify all necessary remedial actions to
| | address air and soil impacts from a release from the sequestration activity, consistent with Title XVII. Soil impacts from a release of carbon dioxide must be addressed through (i) the installation of an appropriate treatment system designed to remove contaminants of concerns emplaced by, or the increase in any contaminants of concern that result from, the carbon sequestration activity or (ii) the removal of all impacted soils and transportation of those soils to an appropriately permitted facility for treatment, storage or disposal;
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| (B) include a demonstration of the performance,
| | reliability, ease of implementation, and potential impacts, including safety, cross-media impacts, and control of exposure of any residual contamination, of the selected corrective actions; and
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| (C) identify a reasonable timeline and describe
| | the procedure for implementation and completion of the remedial action plan, consistent with Title XVII, following a release attributable to the sequestration activity.
|
| (10) The permit application must include a closure
| | plan that addresses the post-injection site care and closure. The closure plan must include:
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| (A) the pressure differential between
| | preinjection and predicted post-injection pressures at all injection zones;
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| (B) the predicted position of the carbon dioxide
| | plume and associated pressure front at site closure;
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| (C) a description of post-injection monitoring
| | locations, methods, and proposed frequency;
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| (D) a proposed schedule for submitting
| | post-injection site care monitoring results to the Agency; and
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| (E) the duration of the post-injection site care
| | period that ensures nonendangerment of groundwater, as specified in 35 Ill. Adm. Code 620, or to human health or the environment. The post-injection site care period shall be no less than 30 years from the last date of injection.
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| This requirement may be satisfied by the submission
| | of copies of documents provided to the United States Environmental Protection Agency in accordance with 40 CFR 146.93 if the applicant satisfies the requirements of this Section.
|
| (11) The permit application must contain a written
| | estimate of the cost of all air monitoring, soil gas monitoring, emergency response, remedial action, and closure activities required by this Section.
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| The cost estimate must be calculated in terms of
| | reasonable actual remedial, construction, maintenance, and labor costs that the Agency would bear if contracting to complete the actions set forth in an air monitoring, soil gas monitoring, emergency response, remedial action, and closure plans set forth in an Agency-approved permit.
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| The owner or operator must revise the cost estimate
| | whenever there is a change in the air monitoring, soil gas monitoring, emergency response, remedial action, or closure plans that would result in an increase to the cost estimate.
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| The owner or operator must annually revise the cost
| | estimate to adjust for inflation.
|
| Revisions to the cost estimate must be submitted to
| | the Agency as a permit modification.
|
| (12) Proof that the applicant has financial assurance
| | sufficient to satisfy the requirements set forth in Section 59.10.
|
| (13) Proof of insurance that complies with the
| | requirements set forth in Section 59.11.
|
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(Source: P.A. 103-651, eff. 7-18-24.)
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415 ILCS 5/59.7 (415 ILCS 5/59.7) Sec. 59.7. Sequestration permit application fee. Upon submission of a sequestration facility permit application, and in addition to any other fees required by law, the sequestration operator shall remit to the Agency an initial, one-time permit application fee of $60,000. One-third of each sequestration facility permit application fee shall be deposited into the Water Resources Fund, the Emergency Planning and Training Fund, and the Carbon Dioxide Sequestration Administrative Fund.
(Source: P.A. 103-651, eff. 7-18-24.) |
415 ILCS 5/59.8 (415 ILCS 5/59.8) Sec. 59.8. Public participation. Prior to issuing a permit for carbon sequestration activity, the Agency shall issue a public notice of the permit application and draft permit. The public notice shall include a link to a website where copies of the permit application or draft permit, and all included attachments that are not protected under the Freedom of Information Act are posted, and shall provide information concerning the comment period on the permit application or draft permit and instructions for how to request a hearing on the permit application or draft permit. The Agency shall provide an opportunity for public comments on the permit application or draft permit, and shall hold a public hearing upon request. The Agency will make copies of all comments received available on its website and consider those comments when rendering its permit decision.
(Source: P.A. 103-651, eff. 7-18-24.) |
415 ILCS 5/59.9 (415 ILCS 5/59.9) Sec. 59.9. Closure. The owner or operator of a carbon sequestration activity permitted in accordance with this Act shall monitor the site during the post-injection site care period, which shall be no less than 30 years after the last date of injection, as well as following certification of closure by United States Environmental Protection Act to show the position of the carbon dioxide and pressure front to ensure it does not pose an endangerment to groundwater, as specified in 35 Ill. Adm. Code 620, or to human health or the environment, unless and until the Agency certifies that a carbon sequestration facility is closed. Air and soil gas monitoring required by a carbon sequestration activity permit issued by the Agency must continue until the Agency certifies the carbon sequestration facility as closed. The Agency shall certify a carbon sequestration facility as closed if: (1) the owner or operator submits to the Agency a | | copy of a closure certification issued for the carbon sequestration facility in accordance with 40 CFR 146.93; and
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| (2) the owner or operator demonstrates to the Agency
| | that no additional air or soil gas monitoring is needed to ensure the carbon sequestration facility does not pose an endangerment to groundwater, as specified in 35 Ill. Adm. Code 620, or to human health or the environment.
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| This demonstration must include location-specific monitoring data. The certification of closure does not relieve an operator of any liabilities from the carbon sequestration activity or carbon sequestration facility.
(Source: P.A. 103-651, eff. 7-18-24.)
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415 ILCS 5/59.10 (415 ILCS 5/59.10) Sec. 59.10. Financial assurance. (a) The owner or operator of a sequestration activity permitted in accordance with this Act shall maintain financial assurance in an amount equal to or greater than the cost estimate calculated in accordance with paragraph (11) of Section 59.6. (b) The owner or operator of the sequestration activity must use one or a combination of the following mechanisms as financial assurance: (1) a fully funded trust fund; (2) a surety bond guaranteeing payment; (3) a surety bond guaranteeing performance; or (4) an irrevocable letter of credit. (c) The financial assurance mechanism must identify the Agency as the sole beneficiary. (d) The financial assurance mechanism shall be on forms adopted by the Agency. The Agency must adopt these forms within 90 days of the date of the effective date of this amendatory Act of the 103rd General Assembly. (e) The Agency shall release a trustee, surety, or other financial institution holding a financial assurance mechanism when: (1) the owner or operator of a carbon sequestration | | activity substitutes alternative financial assurance such that the total financial assurance for the site is equal to or greater than the current cost estimate, without counting the amounts to be released; or
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| (2) the Agency determines that the owner or operator
| | is no longer required to maintain a permit.
|
| (f) The Agency may enter into contracts and agreements it deems necessary to carry out the purposes of this Section, including, but not limited to, interagency agreements with the Illinois State Geological Survey, the Department of Natural Resources, or other agencies of the State. Neither the State nor any State employee shall be liable for any damages or injuries arising out of or resulting from any action taken under paragraph (11) of Section 59.6.
(g) The Agency may order that a permit holder modify the financial assurance or order that proceeds from financial assurance be applied to the remedial action at or closure of an injection site. The Agency may pursue legal action in any court of competent jurisdiction to enforce its rights under financial instruments used to provide the financial assurance required under Section 59.10.
(h) An owner or operator of a carbon sequestration activity permitted in accordance with this Act that has a closure plan approved by United States Environmental Protection Agency in accordance with 40 CFR 146.93 may satisfy the financial assurance requirements for any portion of the cost estimates for closure costs required by the Agency by submitting to the Agency true copies of the financial assurance mechanism required by 40 CFR 146.85, if those mechanisms are compliant with Section 59.10.
(Source: P.A. 103-651, eff. 7-18-24.)
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415 ILCS 5/59.11 (415 ILCS 5/59.11) Sec. 59.11. Insurance. (a) The owner or operator of a carbon sequestration facility permitted in accordance with this Act shall maintain insurance to cover wrongful death, bodily injuries, property damages, and public or private losses related to a release from the carbon sequestration facility from an insurer holding at least an A- rating by an AM Best or equivalent credit rating agency. Such insurance shall be in an amount of at least $25,000,000. (b) The owner or operator of a carbon sequestration activity permitted in accordance with this Act must maintain insurance required by this Section throughout the period during which carbon dioxide is injected into the sequestration site, throughout the post-injection time frame, and until the Agency certifies that the carbon sequestration facility is closed. (c) The insurance policy must provide that the insurer may not cancel or terminate, except for failure to pay the premium. (d) The insurance policy must allow for assignment to a successor owner or operator. The insurer shall not unreasonably withhold consent to assignment of the insurance policy.
(Source: P.A. 103-651, eff. 7-18-24.) |
415 ILCS 5/59.12 (415 ILCS 5/59.12) Sec. 59.12. Ownership of carbon dioxide; liability. (a) The owner or operator of a sequestration activity permitted in accordance with this Act may be subject to liability for any and all damage, including, but not limited to, wrongful death, bodily injuries, or tangible property damages, caused by a release attributable to the sequestration activity, including, but not limited to, damage caused by carbon dioxide or other fluids released from the sequestration facility, regardless of who holds title to the carbon dioxide, the pore space, or the surface estate. Liability for damage caused by a release attributable to the sequestration activity that is within a sequestration facility or otherwise within a sequestration operator's control, including carbon dioxide being transferred from a pipeline to the injection well, may be joint and several with a third party adjudicated to have caused or contributed to such damage. A claim of subsurface trespass shall not be actionable against an owner of operator of a sequestration facility conducting carbon sequestration activity in accordance with a valid Class VI permit and a permit issued by the Agency for a sequestration facility, unless the claimant proves that injection or migration of carbon dioxide: (1) substantially interferes with the claimant's | | reasonable use and enjoyment of their real property; or
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| (2) has caused wrongful death or direct physical
| | injury to a person, an animal, or tangible property.
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| The State shall not be liable for any damage caused by or attributable to the sequestration activity.
(b) The owner or operator of a sequestration activity permitted in accordance with this Act is liable for any and all damage that may result from equipment associated with carbon sequestration, including, but not limited to, operation of the equipment. Liability for harms or damage resulting from equipment associated with carbon sequestration, including equipment used to transfer carbon dioxide from the pipeline to the injection well, may be joint and several with a third party adjudicated to have caused or contributed to such damage.
(c) Title to carbon dioxide sequestered in this State shall be vested in the operator of the sequestration facility. Sequestered carbon dioxide is a separate property independent of the sequestration pore space.
(Source: P.A. 103-651, eff. 7-18-24.)
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415 ILCS 5/59.13 (415 ILCS 5/59.13) Sec. 59.13. Carbon Sequestration Long-Term Trust Fund. The Carbon Dioxide Sequestration Long-Term Trust Fund is hereby created as a State trust fund in the State treasury. The Fund may receive deposits of moneys made available from any source. All moneys in the Fund are to be invested and reinvested by the State Treasurer. All interest accruing from these investments shall be deposited into the Fund to be used under the provisions of this Section. Moneys in the Fund may be used by the Agency to cover costs incurred to: (1) take any remedial or corrective action necessary | | to protect human health and the environment from releases, or threatened releases, from a sequestration facility;
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| (2) monitor, inspect, or take other action if the
| | sequestration operator abandons a sequestration facility or injection site, or fails to maintain its obligations under this Act;
|
| (3) compensate any person suffering any damages or
| | losses to a person or property caused by a release from a sequestration facility or carbon dioxide pipeline who is not otherwise compensated from the sequestration operator; or
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| (4) any other applicable costs under the Act.
Nothing in this Section relieves a sequestration operator from its obligations under this Act, from its liability under Section 59.12, or its obligations to maintain insurance and financial assurances under Sections 59.10 and 59.11.
(Source: P.A. 103-651, eff. 7-18-24.)
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415 ILCS 5/59.14 (415 ILCS 5/59.14) Sec. 59.14. Water Resources Fund. The Water Resources Fund is hereby created as a special fund in the State treasury to be administered by the Department of Natural Resources. The Fund shall be used by the Department of Natural Resources for administrative costs under obligations under the Water Use Act of 1983, the Environmental Protection Act, or related statutes, including, but not limited to, reviewing water use plans and providing technical assistance to entities for water resource planning.
(Source: P.A. 103-651, eff. 7-18-24.) |
415 ILCS 5/59.15 (415 ILCS 5/59.15) Sec. 59.15. Environmental Justice Grant Fund. The Environmental Justice Grant Fund is hereby created as a special fund in the State treasury to be administered by the Agency. The Fund shall be used by the Agency to make grants to eligible entities, including, but not limited to, units of local government, community-based nonprofits, and eligible organizations representing areas of environmental justice concern, to fund environmental projects benefiting areas of the State that are disproportionately burdened by environmental harms. Eligible projects include, but are not limited to, water infrastructure improvements, energy efficiency projects, and transportation decarbonization projects.
(Source: P.A. 103-651, eff. 7-18-24.) |
415 ILCS 5/59.16 (415 ILCS 5/59.16) Sec. 59.16. Carbon Dioxide Sequestration Administrative Fund. The Carbon Dioxide Sequestration Administrative Fund is hereby created as a special fund within the State treasury to be administered by the Agency. Moneys in the fund may be used: (1) for Agency administrative costs incurred for the | | regulation and oversight of sequestration facilities during their construction, operation, and post-injection phases; and
|
| (2) to transfer moneys to funds outlined in Sections
| | 59.13, 59.14, and 59.15 for the purpose of implementing and enforcing the Act.
|
| The Fund may receive deposits of moneys made available from any source, including, but not limited to, fees, fines, and penalties collected under this Act, investment income, and moneys deposited or transferred into the Fund.
(Source: P.A. 103-651, eff. 7-18-24.)
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415 ILCS 5/59.17 (415 ILCS 5/59.17) Sec. 59.17. Sequestration annual tonnage fee. (a) Beginning July 1, 2025, and each July 1 thereafter, each sequestration operator shall report to the Agency the tons of carbon dioxide injected in the prior 12 months. (b) If the sequestration operator does not possess a project labor agreement, the sequestration operator shall be assessed a per-ton sequestration fee of $0.62. (c) If the sequestration operator does possess a project labor agreement, the sequestration operator shall be assessed a per-ton sequestration fee of $0.31. (d) The fee assessed to the sequestration operator under subsection (b) shall be reduced to $0.31 for every ton of carbon dioxide injected into a sequestration facility in that fiscal year if the sequestration operator successfully demonstrates to the Department that the following types of construction and maintenance were conducted in the State during that fiscal year by the sequestration operator and were performed by contractors and subcontractors signatory to a project labor agreement used by the building and construction trades council with relevant geographic jurisdiction: (1) construction and maintenance of equipment | | associated with the capture of carbon dioxide, including, but not limited to, all clearing, site preparation, concrete, equipment, and appurtenance installation;
|
| (2) construction and maintenance of carbon dioxide
| | pipelines used to transport carbon dioxide streams to the sequestration facility, including, but not limited to, all clearing, site preparation, and site remediation. For purposes of this paragraph (2), a national multi-craft project labor agreement governing pipeline construction and maintenance used in the performance of the work described in this subsection shall satisfy the project labor agreement requirement;
|
| (3) construction and maintenance of compressor
| | stations used to assist in the transport of carbon dioxide streams via carbon dioxide pipeline, including, but not limited to, all clearing, site preparation, concrete, equipment, and appurtenance installation; and
|
| (4) construction of carbon dioxide injection wells
| | used at the sequestration facility, including, but not limited to, all clearing, site preparation, drilling, distribution piping, concrete, equipment, and appurtenance installation.
|
| (e) Sequestration fees shall be deposited into the Carbon Dioxide Sequestration Administrative Fund.
(f) The per-ton fee for carbon dioxide injected shall be increased by an amount equal to the percentage increase, if any, in the Consumer Price Index for All Urban Consumers for all items published by the United States Department of Labor for the 12 months ending in March of the year in which the increase takes place. The rate shall be rounded to the nearest one-hundredth of one cent.
(g) For the fiscal year beginning July 1, 2025, and each fiscal year thereafter, at the direction of the Agency, in consultation with the Illinois Emergency Management Agency and Office of Homeland Security, and the Department of Natural Resources, the State Comptroller shall direct and the State Treasurer shall transfer from the Carbon Dioxide Sequestration Administrative Fund the following percentages of the amounts collected under this Act by the Agency during the previous fiscal year:
(1) 2% to the Water Resources Fund;
(2) 6% to the Oil and Gas Resource Management Fund;
(3) 20% to the Emergency Planning and Training Fund;
(4) 28% to the Carbon Dioxide Sequestration Long-Term
| | (5) 10% to the General Revenue Fund; and
(6) 24% to the Environmental Justice Grant Fund.
(Source: P.A. 103-651, eff. 7-18-24.)
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