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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 5/55.13
(415 ILCS 5/55.13) (from Ch. 111 1/2, par. 1055.13)
Sec. 55.13.
Rules, etc.
The Department of Revenue may adopt and
enforce such reasonable rules and regulations relating to the
administration and enforcement of the fee imposed by Section 55.8 of this
Act as may be deemed expedient.
Whenever the Department of Revenue is required to provide notice to a
retailer under this Act, such notice may be personally served or given by
United States certified or registered mail, addressed to the retailer or
taxpayer concerned at his last known address, and proof of such mailing
shall be sufficient for the purposes of this Article. In the case of a
notice of hearing, such notice shall be mailed not less than 7 days prior
to the date fixed for the hearing.
All hearings provided by the Department of Revenue under this Act with
respect to or concerning a taxpayer having his or her principal place of
business in this State other than in Cook County shall be held at the
Department's office nearest to the location of the taxpayer's principal
place of business. If the taxpayer has his or her principal place of
business in Cook County, such hearing shall be held in Cook County. If the
taxpayer does not have his or her principal place of business in this
State, such hearing shall be held in Sangamon County.
Whenever any proceeding provided by this Act has been begun by the
Department of Revenue or by a person subject thereto and such person
thereafter dies or becomes a person under legal disability before the
proceeding has been concluded, the legal representative of the deceased
person or person under legal disability shall notify the Department of
Revenue of such death or legal disability. The legal representative, as
such, shall then be substituted by the Department of Revenue in place of and
for the person. Within 20 days after notice to the legal representative of
the time fixed for that purpose, the proceeding may proceed in all respects
and with like effect as though the person had not died or become a person
under legal disability.
(Source: P.A. 87-727.)
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415 ILCS 5/55.14
(415 ILCS 5/55.14) (from Ch. 111 1/2, par. 1055.14)
Sec. 55.14.
Administrative procedures.
The Illinois Administrative
Procedure Act is hereby expressly adopted and shall apply to all
administrative rules and procedures of the Department of Revenue under this
Act, except that: (1) paragraph (b) of Section 4 of the Illinois
Administrative Procedure Act does not apply to final orders, decisions and
opinions of the Department of Revenue; (2) subparagraph (a)(2) of Section 4
of the Illinois Administrative Procedure Act does not apply to forms
established by the Department of Revenue for use under this Act; and (3)
the provisions of Section 13 of the Illinois Administrative Procedure Act
regarding proposals for decision are excluded and not applicable to the
Department of Revenue under this Act.
(Source: P.A. 87-727.)
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415 ILCS 5/55.15
(415 ILCS 5/55.15) (from Ch. 111 1/2, par. 1055.15)
Sec. 55.15.
Violations.
(a) Any retailer who fails to make a return, or who makes a fraudulent
return, or who willfully violates any rule or regulation of the Department
of Revenue for the administration and enforcement of the fee imposed by
Section 55.8, is guilty of a Class 4 felony.
(b) Any retailer who knowingly violates subsections (a) (2), (a) (3),
or (b) of Section 55.8 commits a petty offense punishable by a fine of $100.
(Source: P.A. 87-727.)
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415 ILCS 5/Tit. XV
(415 ILCS 5/Tit. XV heading)
Title XV:
Potentially Infectious Medical Waste
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415 ILCS 5/56
(415 ILCS 5/56) (from Ch. 111 1/2, par. 1056)
Sec. 56.
(a) The General Assembly finds:
(1) that potentially infectious medical waste, if not | | handled properly, may constitute an environmental or public health problem.
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(2) that potentially infectious medical waste, if not
| | handled properly, may present a health risk to handlers of the waste at the facility where the waste is generated, during transportation of the waste, and at the facility receiving the waste.
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(b) It is the purpose of this Title to reduce the potential
environmental and public health risks associated with potentially
infectious medical waste by establishing statutory and regulatory
requirements to ensure that such waste will be handled in a safe and
responsible manner.
(c) Potentially infectious medical waste is not a hazardous waste, except
for
those potentially infectious medical wastes identified by characteristics or
listing as hazardous under Section 3001 of the Resource Conservation and
Recovery Act of 1976, P.L. 94-580, or pursuant to Board regulations.
Potentially infectious medical waste characterized or listed as hazardous shall
be subject to the appropriate hazardous waste regulations. Potentially
infectious medical waste packages that contain both waste characterized or
listed as
hazardous and waste characterized as nonhazardous shall be subject to
the
hazardous waste regulations.
(Source: P.A. 90-773, eff. 8-14-98.)
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415 ILCS 5/56.1 (415 ILCS 5/56.1) (from Ch. 111 1/2, par. 1056.1)
Sec. 56.1. Acts prohibited.
(A) No person shall:
(a) Cause or allow the disposal of any potentially | | infectious medical waste. Sharps may be disposed in any landfill permitted by the Agency under Section 21 of this Act to accept municipal waste for disposal, if both:
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(1) the infectious potential has been eliminated
| | from the sharps by treatment; and
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(2) the sharps are packaged in accordance with
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(b) Cause or allow the delivery of any potentially
| | infectious medical waste for transport, storage, treatment, or transfer except in accordance with Board regulations.
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(c) Beginning July 1, 1992, cause or allow the
| | delivery of any potentially infectious medical waste to a person or facility for storage, treatment, or transfer that does not have a permit issued by the agency to receive potentially infectious medical waste, unless no permit is required under subsection (g)(1).
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(d) Beginning July 1, 1992, cause or allow the
| | delivery or transfer of any potentially infectious medical waste for transport unless:
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(1) the transporter has a permit issued by the
| | Agency to transport potentially infectious medical waste, or the transporter is exempt from the permit requirement set forth in subsection (f)(l).
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(2) a potentially infectious medical waste
| | manifest is completed for the waste if a manifest is required under subsection (h).
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(e) Cause or allow the acceptance of any potentially
| | infectious medical waste for purposes of transport, storage, treatment, or transfer except in accordance with Board regulations.
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(f) Beginning July 1, 1992, conduct any potentially
| | infectious medical waste transportation operation:
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(1) Without a permit issued by the Agency to
| | transport potentially infectious medical waste. No permit is required under this provision (f)(1) for:
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(A) a person transporting potentially
| | infectious medical waste generated solely by that person's activities;
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(B) noncommercial transportation of less than
| | 50 pounds of potentially infectious medical waste at any one time; or
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(C) the U.S. Postal Service.
(2) In violation of any condition of any permit
| | issued by the Agency under this Act.
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(3) In violation of any regulation adopted by the
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(4) In violation of any order adopted by the
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(g) Beginning July 1, 1992, conduct any potentially
| | infectious medical waste treatment, storage, or transfer operation:
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(1) without a permit issued by the Agency that
| | specifically authorizes the treatment, storage, or transfer of potentially infectious medical waste. No permit is required under this subsection (g) or subsection (d)(1) of Section 21 for any:
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(A) Person conducting a potentially
| | infectious medical waste treatment, storage, or transfer operation for potentially infectious medical waste generated by the person's own activities that are treated, stored, or transferred within the site where the potentially infectious medical waste is generated.
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(B) Hospital that treats, stores, or
| | transfers only potentially infectious medical waste generated by its own activities or by members of its medical staff.
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(C) Sharps collection station that is
| | operated in accordance with Section 56.7.
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(2) in violation of any condition of any permit
| | issued by the Agency under this Act.
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(3) in violation of any regulation adopted by the
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(4) In violation of any order adopted by the
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(h) Transport potentially infectious medical waste
| | unless the transporter carries a completed potentially infectious medical waste manifest. No manifest is required for the transportation of:
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(1) potentially infectious medical waste being
| | transported by generators who generated the waste by their own activities, when the potentially infectious medical waste is transported within or between sites or facilities owned, controlled, or operated by that person;
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(2) less than 50 pounds of potentially infectious
| | medical waste at any one time for a noncommercial transportation activity; or
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(3) potentially infectious medical waste by the
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(i) Offer for transportation, transport, deliver,
| | receive or accept potentially infectious medical waste for which a manifest is required, unless the manifest indicates that the fee required under Section 56.4 of this Act has been paid.
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(j) Beginning January 1, 1994, conduct a potentially
| | infectious medical waste treatment operation at an incinerator in existence on the effective date of this Title in violation of emission standards established for these incinerators under Section 129 of the Clean Air Act (42 USC 7429), as amended.
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(k) Beginning July 1, 2015, knowingly mix household
| | sharps, including, but not limited to, hypodermic, intravenous, or other medical needles or syringes or other medical household waste containing used or unused sharps, including, but not limited to, hypodermic, intravenous, or other medical needles or syringes or other sharps, with any other material intended for collection as a recyclable material by a residential hauler.
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| (l) Beginning on July 1, 2015, knowingly place
| | household sharps into a container intended for collection by a residential hauler for processing at a recycling center.
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| (B) In making its orders and determinations relative to
penalties, if any, to be imposed for violating subdivision (A)(a) of
this Section, the Board, in addition to the
factors in Sections 33(c) and 42(h) of this Act, or the Court shall take into
consideration whether the owner or operator of the landfill reasonably relied
on written statements from the person generating or treating the waste that
the waste is not potentially infectious medical waste.
(C) Notwithstanding subsection (A) or any other provision of law, including the Vital Records Act, tissue and products from an abortion, as defined in Section 1-10 of the Reproductive Health Act, or a miscarriage may be buried, entombed, or cremated.
(Source: P.A. 101-13, eff. 6-12-19.)
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415 ILCS 5/56.2
(415 ILCS 5/56.2) (from Ch. 111 1/2, par. 1056.2)
Sec. 56.2. Regulations.
(a) No later than July 1, 1993, the Board shall adopt
regulations in accordance with Title VII of this Act prescribing design and
operating standards and criteria for all potentially infectious medical
waste treatment, storage, and transfer facilities. At a minimum, these
regulations shall require treatment of potentially infectious medical waste
at a facility that:
(1) eliminates the infectious potential of the waste;
(2) prevents compaction and rupture of containers | | during handling operations;
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(3) disposes of treatment residuals in accordance
| | with this Act and regulations adopted thereunder;
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(4) provides for quality assurance programs;
(5) provides for periodic testing using biological
| | testing, where appropriate, that demonstrate proper treatment of the waste;
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(6) provides for assurances that clearly demonstrate
| | that potentially infectious medical waste has been properly treated; and
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(7) is in compliance with all Federal and State laws
| | and regulations pertaining to environmental protection.
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(b) After the effective date of the Board regulations adopted under
subsection (a), each applicant for a potentially infectious medical waste
treatment permit shall prove that the facility will not cause a violation
of the Act or of regulations adopted thereunder.
(c) No later than July 1, 1993, the Board shall adopt regulations
in accordance with Title VII of this Act prescribing standards and criteria
for transporting, packaging, segregating, labeling, and marking potentially
infectious medical waste.
(d) In accord with Title VII of this Act, no later than January 1, 1992,
the Board shall repeal Subpart I of 35 Ill. Adm. Code 809.
(e) No later than January 1, 1992, the Board shall adopt rules that are
identical in substance to the list of etiologic agents identified as Class
4 agents as set forth in "Classification of Etiological Agents on the Basis
of Hazard, 1974", published by the Centers for Disease Control. On and after the effective date of this amendatory Act of the 102nd General Assembly, any person, including the Agency, may propose rules under Section 28 to amend the listing of etiologic agents
identified as Class 4 agents. When proposing rules, the proponent may consult classifications published by the U.S. Department of Health and Human Services, "Guidelines for Research Involving Recombinant DNA Molecules" published by the National Institutes for Health, or "Biosafety in Microbiological and Biomedical Laboratories" published by the Centers for Disease Control and Prevention. The Board shall take action on a proposal to amend the listing of Class 4 agents not later than 6 months after receiving it.
(f) In accord with Title VII of this Act, the Board may adopt regulations
to promote the purposes of this Title. The regulations prescribed in
subsection (a), (c), and (e) shall not limit the generality of this authority.
(Source: P.A. 102-243, eff. 8-3-21.)
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415 ILCS 5/56.3
(415 ILCS 5/56.3) (from Ch. 111 1/2, par. 1056.3)
Sec. 56.3.
Commencing March 31, 1993, and annually thereafter, each
transporter of potentially infectious medical waste required to have a
permit under subsection (f) of Section 56.1 of this Act, each facility for
which a permit is required under subsection (g) of Section 56.1 of this Act
that stores, treats, or transfers potentially infectious medical waste and
each facility not required to have a permit under subsection (g) of Section
56.1 of this Act that treats more than 50 pounds per month of potentially
infectious medical waste shall file a report with the Agency specifying the
quantities and disposition of potentially infectious medical waste
transported, stored, treated, disposed, or transferred during the previous
calendar year. Such reports shall be on forms prescribed and provided by
the Agency.
(Source: P.A. 87-752; 87-1097.)
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415 ILCS 5/56.4
(415 ILCS 5/56.4) (from Ch. 111 1/2, par. 1056.4)
Sec. 56.4.
Medical waste manifests.
(a) Manifests for potentially infectious medical waste shall
consist of an original (the first page of the form) and 3 copies. Upon
delivery of potentially infectious medical waste by a generator to a
transporter, the transporter shall deliver one copy of the completed
manifest to the generator. Upon delivery of potentially infectious medical
waste by a transporter to a treatment or disposal facility,
the transporter shall keep
one copy of the completed manifest, and the transporter shall deliver the
original and one copy of the completed manifest to the treatment or
disposal facility.
The treatment or disposal facility shall keep one copy of the
completed manifest and
return the original to the generator within 35 days. The manifest,
as provided for in this Section, shall not terminate while
being transferred between the generator, transporter, transfer station, or
storage facility, unless transfer activities are conducted at the treatment or
disposal facility. The manifest shall terminate at the treatment or disposal
facility.
(b) Potentially infectious medical waste manifests shall be in a form
prescribed and provided by the Agency. Generators and transporters of
potentially infectious medical waste and facilities accepting potentially
infectious medical waste are not required to submit copies of such
manifests to the Agency. The manifest described in this Section shall be
used for the transportation of potentially infectious medical waste instead
of the manifest described in Section 22.01 of this Act. Copies of each
manifest shall be retained for 3 years by generators, transporters, and
facilities, and shall be available for inspection and copying by the Agency.
(c) The Agency shall assess a fee of $4.00 for each
potentially infectious medical waste manifest provided by the Agency.
(d) All fees collected by the Agency under this Section shall be
deposited into the Environmental Protection Permit and Inspection Fund. The
Agency may establish procedures relating to the collection of fees under
this Section. The Agency shall not refund any fee paid to it under this
Section.
(Source: P.A. 93-32, eff. 7-1-03.)
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415 ILCS 5/56.5
(415 ILCS 5/56.5) (from Ch. 111 1/2, par. 1056.5)
Sec. 56.5.
Medical waste hauling fees.
(a) The Agency shall annually collect a $2000 fee
for each potentially infectious medical waste hauling permit application
and, in addition, shall collect a fee of $250 for each potentially
infectious medical waste hauling vehicle identified in the annual permit
application and for each vehicle that is added to the permit during the
annual period. Each applicant required to pay a fee under this Section
shall submit the fee along with the permit application. The Agency shall
deny any permit application for which a fee is required under this Section
that does not contain the appropriate fee.
(b) All fees collected by the Agency under this Section shall be
deposited into the Environmental Protection Permit and Inspection Fund.
The Agency may establish procedures relating to the collection of fees
under this Section. The Agency shall not refund any fee paid to it under
this Section.
(c) The Agency shall not collect a fee under this Section from any
hospital that transports only potentially infectious medical waste
generated by its own activities or by members of its medical staff.
(Source: P.A. 93-32, eff. 7-1-03.)
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415 ILCS 5/56.6
(415 ILCS 5/56.6) (from Ch. 111 1/2, par. 1056.6)
Sec. 56.6.
Medical waste transportation fees.
(a) The Agency shall collect from each transporter of potentially
infectious medical waste required to have a permit under Section 56.1(f)
of this Act a fee in the amount of 3 cents per pound of
potentially infectious medical waste transported. The Agency shall collect
from each transporter of potentially infectious medical waste not required
to have a permit under Section 56.1(f)(1)(A) of this Act a fee in the
amount of 3 cents per pound of potentially infectious medical waste
transported to a site or facility not owned, controlled, or operated by the
transporter. The Agency shall deny any permit required under Section
56.1(f) of this Act from any applicant who has not paid to the Agency all
fees due under this Section.
A fee in the amount of 3 cents per pound of potentially
infectious medical waste shall be collected by the Agency from a potentially
infectious medical waste storage site or treatment facility receiving
potentially infectious medical waste, unless the fee has been previously paid
by a transporter.
(b) The Agency shall establish procedures, not later than January 1,
1992, relating to the collection of the fees authorized by this Section.
These procedures shall include, but not be limited to: (i) necessary
records identifying the quantities of potentially infectious medical waste
transported; (ii) the form and submission of reports to accompany the
payment of fees to the Agency; and (iii) the time and manner of payment of
fees to the Agency, which payments shall be not more often than quarterly.
(c) All fees collected by the Agency under this Section shall be
deposited into the Environmental Protection Permit and Inspection Fund. The
Agency may establish procedures relating to the collection of fees under
this Section. The Agency shall not refund any fee paid to it under this
Section.
(d) The Agency shall not collect a fee under this Section from a
person transporting potentially infectious medical waste to a hospital when
the person is a member of the hospital's medical staff.
(Source: P.A. 93-32, eff. 7-1-03.)
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415 ILCS 5/56.7 (415 ILCS 5/56.7)
Sec. 56.7. No permit shall be required under subsection (d)(1) of Section 21 or subsection (g) of Section 56.1 of this
Act for a sharps collection station if the station is operated in accordance
with all of the following:
(1) The only waste accepted at the sharps collection | | station is (i) hypodermic, intravenous, or other medical needles or syringes or other sharps, or (ii) medical household waste containing used or unused sharps, including but not limited to, hypodermic, intravenous, or other medical needles or syringes or other sharps.
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(2) The waste is stored and transferred in the same
| | manner as required for potentially infectious medical waste under this Act and under Board regulations.
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(3) The waste is not treated at the sharps collection
| | station unless it is treated in the same manner as required for potentially infectious medical waste under this Act and under Board regulations.
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(4) The waste is not disposed of at the sharps
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(5) The waste is transported in the same manner as
| | required for potentially infectious medical waste under this Act and under Board regulations.
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(Source: P.A. 94-641, eff. 8-22-05.)
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415 ILCS 5/56.8 (415 ILCS 5/56.8) Sec. 56.8. (Repealed).
(Source: P.A. 100-925, eff. 1-1-19. Repealed internally, eff. 12-31-22.) |
415 ILCS 5/Tit. XVI
(415 ILCS 5/Tit. XVI heading)
TITLE XVI.
PETROLEUM UNDERGROUND STORAGE TANKS
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415 ILCS 5/57
(415 ILCS 5/57)
Sec. 57.
Intent and purpose.
This Title shall be
known and may be cited as the Leaking Underground Storage Tank Program
(LUST).
The purpose of this Title is, in accordance with the
requirements of the
Hazardous and Solid Waste Amendments of 1984 of the Resource Conservation and
Recovery Act of 1976 and in accordance with the State's interest in the
protection of Illinois' land and water resources: (1) to adopt
procedures for the
remediation of underground storage tank sites due to the release of petroleum
and other substances regulated under this Title from certain underground
storage tanks or related tank systems; (2) to establish and provide
procedures for
a Leaking Underground Storage Tank Program which will oversee and review any
remediation required for leaking underground storage tanks, and administer
the Underground Storage Tank Fund; (3) to establish an Underground Storage
Tank
Fund intended to be a State fund by which persons who qualify for access to the
Underground Storage Tank Fund may satisfy the financial responsibility
requirements under applicable State law and regulations; (4) to establish
requirements for eligible owners and operators of underground storage tanks to
seek payment for any costs associated with physical soil classification,
groundwater investigation, site classification and corrective action from the
Underground Storage Tank Fund; and (5) to audit and approve
corrective action efforts performed by Licensed Professional Engineers.
(Source: P.A. 91-357, eff. 7-29-99.)
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415 ILCS 5/57.1
(415 ILCS 5/57.1)
Sec. 57.1.
Applicability.
(a) An owner or operator of an underground storage tank who meets the
definition of this Title shall be required to conduct tank removal,
abandonment and repair, site investigation, and corrective action in accordance with the requirements
of
the Leaking Underground Storage Tank Program.
(b) An owner or operator of a heating oil tank as defined by this Title may
elect to
perform tank removal, abandonment or repair, site investigation,
or corrective action, unless the
provisions of subsection (g) of Section 57.5 are applicable.
(c) All owners or operators who conduct tank removal, repair or
abandonment, site investigation, or
corrective action may be eligible for the relief provided for under Section
57.10 of this Title.
(d) The owners or operators, or both, of underground storage tanks
containing regulated substances other than petroleum shall undertake corrective
action in conformance with regulations promulgated by the Illinois Pollution
Control Board.
(Source: P.A. 92-554, eff. 6-24-02.)
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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.)
|
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.)
|
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.
|
| (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.
|
| (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.
|
| (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.
|
| (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:
|
| (A) Executive summary.
(B) Site history.
(C) Site-specific sampling methods and results.
(D) Documentation of all field activities,
| | including quality assurance.
|
| (E) Documentation regarding the development of
| | proposed remediation objectives.
|
| (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.
|
| (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:
|
| (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.
|
| (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.
|
| (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.
|
| (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.
|
| (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.
|
| (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.
|
| (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.
|
| (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.
|
| (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.
|
| (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).
|
| (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.
|
| (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:
|
| (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.
|
| (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.
|
| (iii) The use of groundwater ordinances as
| | institutional controls in accordance with Board rules.
|
| (iv) The use of on-site groundwater use
| | restrictions as institutional controls in accordance with Board rules.
|
| (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:
|
| (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.
|
| (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.
|
| (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.
|
| (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.
|
| (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.
|
| (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.
|
| (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.
|
| (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.
|
| (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:
|
| (A) an explanation of the Sections of this Act
| | which may be violated if the plans were approved;
|
| (B) an explanation of the provisions of the
| | regulations, promulgated under this Act, which may be violated if the plan were approved;
|
| (C) an explanation of the specific type of
| | information, if any, which the Agency deems the applicant did not provide the Agency; and
|
| (D) a statement of specific reasons why the Act
| | and the regulations might not be met if the plan were approved.
|
| 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.
|
| (5) For purposes of this Title, the term "plan" shall
| | (A) Any site investigation plan submitted
| | pursuant to subsection (a) of this Section;
|
| (B) Any site investigation budget submitted
| | pursuant to subsection (a) of this Section;
|
| (C) Any corrective action plan submitted pursuant
| | to subsection (b) of this Section; or
|
| (D) Any corrective action plan budget submitted
| | pursuant to subsection (b) of this Section.
|
| (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.
|
| (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.
|
| (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.)
|
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.
|
|
(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.
|
|
(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.
|
|
(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.
|
|
(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.
|
|
(6) For purposes of this Section, a complete
| | application shall consist of:
|
|
(A) A certification from a Licensed Professional
| | Engineer or Licensed Professional Geologist as required under this Title and acknowledged by the owner or operator.
|
|
(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.
|
|
(C) A copy of the Office of the State Fire
| | Marshal's eligibility and deductibility determination.
|
|
(D) Proof that approval of the payment requested
| | will not result in the limitations set forth in subsection (g) of this Section being exceeded.
|
|
(E) A federal taxpayer identification number and
| | legal status disclosure certification on a form prescribed and provided by the Agency.
|
|
(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.
|
| (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
|
|
(2) a settlement with a third party due to a release
| | of petroleum from an underground storage tank is reasonable.
|
|
(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.
|
|
(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.
|
|
(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.
|
|
(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
|
|
(2) for costs of indemnification of such owner or
| | operator in an amount in excess of $1,500,000 per occurrence.
|
|
(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
|
|
(2) the owner or operator failed to justify all costs
| | attributable to each underground storage tank at the site.
|
|
(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.) |
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