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91_HB1997
LRB9102263ACtm
1 AN ACT to amend the Environmental Protection Act by
2 changing Section 14.5.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Environmental Protection Act is amended
6 by changing Section 14.5 as follows:
7 (415 ILCS 5/14.5) (from Ch. 111 1/2, par. 1014.5)
8 Sec. 14.5. Groundwater protection; Agency certification
9 system.
10 (a) The Agency shall administer a certification system
11 for sites which represent a minimal hazard with respect to
12 contamination of groundwaters by potential primary or
13 potential secondary sources. No later than January 1, 1988,
14 the Agency shall develop and make available a minimal hazard
15 certification form and guidelines for the use and management
16 of containers and above ground tanks, and for the piling of
17 waste.
18 (b) After January 1, 1988, the owner of any site which
19 would otherwise be subject to the provisions of subsection
20 (d) of Section 14.2 or Section 14.4 and regulations adopted
21 thereunder may provide a certification of minimal hazard to
22 the Agency if the following conditions are met:
23 (1) no on-site landfilling, land treating, or
24 surface impounding of waste, other than landscape waste
25 or construction and demolition debris, has taken place
26 and such circumstance will continue;
27 (2) no on-site piles of special or hazardous waste
28 are present and such circumstance will continue, and any
29 piling of other wastes which could cause contamination of
30 groundwater will be consistent with guidelines developed
31 by the Agency;
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1 (3) no underground storage tanks are present on the
2 site and such circumstances will continue;
3 (4) use and management of containers and above
4 ground tanks will be consistent with guidelines developed
5 by the Agency;
6 (5) no on-site release of any hazardous substance
7 or petroleum has taken place which was of sufficient
8 magnitude to contaminate groundwaters;
9 (6) no more than 100 gallons of either pesticides
10 or organic solvents, or 10,000 gallons of any hazardous
11 substances, or 30,000 gallons of petroleum, will be
12 present at any time; and
13 (7) notice has been given to the owner of each
14 community water supply well within 1,000 feet of the
15 site.
16 (c) Upon receipt of a certification pursuant to
17 subsection (b) of this Section the Agency shall, within 90
18 days, take one of the following actions:
19 (1) notify the owner of the site in writing that
20 the certification is complete and adequate;
21 (2) notify the owner of the site in writing that
22 the certification is not adequate, including a statement
23 of the reasons therefor;
24 (3) notify the owner of the site in writing that a
25 site inspection will be held within 120 days, and that
26 following such inspection but still within the 120 day
27 period further action will be taken pursuant to item (1)
28 or (2) of this subsection; or
29 (4) notify in writing the owner of the site that
30 pursuant to Section 17.1 a county or municipality is
31 conducting a groundwater protection needs assessment or
32 the Agency is conducting a well site survey which
33 encompasses the site for which certification is being
34 processed, and specify a time period, not to exceed a
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1 total of 180 days from the date of the notice, for
2 consideration of the findings from such assessment or
3 survey and by which further action will be taken pursuant
4 to item (1) or (2) of this subsection.
5 A certification is not adequate if it fails to address
6 each of the conditions required to be met by subsection (b)
7 of this Section, or if the Agency possesses information which
8 reasonably suggests that any statement made in the
9 certification is inaccurate or incomplete. Action under item
10 (1) or (2) of this subsection shall constitute a final
11 determination of the Agency.
12 (d) When a certification has been provided with respect
13 to which the Agency has made a finding of adequacy or has
14 failed to act in a timely manner pursuant to subsection (c)
15 of this Section, the site shall not be subject to the
16 provisions of subsection (d) of Section 14.2 or Section 14.4
17 and regulations adopted thereunder for the following time
18 periods:
19 (1) one year, if the Agency has failed to act in a
20 timely manner pursuant to subsection (c) of this Section,
21 during which time the owner must recertify to continue
22 such status;
23 (2) three years, if the site is located within a
24 minimum or maximum setback zone, during which time the
25 owner must recertify to continue such status;
26 (3) five years, if the site is located within a
27 regulated recharge area, during which time the owner must
28 recertify to continue such status; or
29 (4) 90 days past the time when a change of
30 ownership takes place, during which time the new owner
31 must recertify to continue such status.
32 (e) During the effective period of a certification, the
33 owner of the site shall maintain compliance with the
34 conditions specified in subsection (b) of this Section. Any
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1 failure by the owner to maintain such compliance shall be
2 just cause for decertification by the Agency. Such action
3 may only be taken after the Agency has provided the owner
4 with a written notice which identifies the noncompliance and
5 specifies a 30 day period during which a written response may
6 be provided by the owner. Such response may describe any
7 actions taken by the owner which relate to the conditions of
8 certification. If such response is deficient or untimely,
9 the Agency shall serve notice upon the owner that the site
10 has been decertified and is subject to the applicable
11 provisions of subsection (d) of Section 14.2 or Section 14.4
12 and regulations adopted thereunder. Such notification shall
13 constitute a final determination of the Agency.
14 (f) The Agency shall maintain a master listing, indexed
15 by county, of those sites for which certifications are in
16 effect. Upon the establishment of a regional planning
17 committee pursuant to Section 17.2, the Agency shall provide
18 a copy of the pertinent portions of such listing to such
19 committee on a quarterly basis. The Agency shall also make
20 copies of such listing available to units of local government
21 and the public upon request.
22 (g) The Agency may enter into a written delegation
23 agreement with any county or municipality, which has adopted
24 an ordinance consistent with Section 14.2 or 14.3, to
25 administer the provisions of this Section. Such delegation
26 agreements shall require that the work to be performed
27 thereunder shall be in accordance with criteria established
28 by the Agency, be subject to periodic review by the Agency,
29 and shall include such financial and program auditing by the
30 Agency as may be necessary.
31 (Source: P.A. 85-863; revised 10-31-98.)