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|[ Introduced ]||[ Engrossed ]||[ House Amendment 001 ]|
|[ House Amendment 002 ]|
92_HB4471enr HB4471 Enrolled LRB9212424LBpr 1 AN ACT concerning environmental protection. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The Environmental Protection Act is amended 5 by changing Sections 57.1, 57.2, 57.5, 57.6, 57.7, 57.8, 6 57.10, and 57.13 and adding Section 57.14A as follows: 7 (415 ILCS 5/57.1) 8 Sec. 57.1. Applicability. 9 (a) An owner or operator of an underground storage tank 10 who meets the definition of this Title shall be required to 11 conduct tank removal, abandonment and
,repair, site 12 investigation, and physical soil classification, groundwater13 investigation, site classification orcorrective action in 14 accordance with the requirements of the Leaking Underground 15 Storage Tank Program. 16 (b) An owner or operator of a heating oil tank as 17 defined by this Title may elect to perform tank removal, 18 abandonment or ,repair, site investigation, or corrective 19 action, unless the provisions of subsection (g) of Section 20 57.5 are applicable. 21 (c) All owners or operators who conduct tank removal, 22 repair or ,abandonment, site investigation, physical soil23 classification, groundwater investigation, site24 classificationor corrective action may be eligible for the 25 relief provided for under Section 57.10 of this Title. 26 (d) The owners or operators, or both, of underground 27 storage tanks containing regulated substances other than 28 petroleum shall undertake corrective action in conformance 29 with regulations promulgated by the Illinois Pollution 30 Control Board. 31 (Source: P.A. 88-496; 89-428, eff. 1-1-96; 89-457, eff. HB4471 Enrolled -2- LRB9212424LBpr 1 5-22-96.) 2 (415 ILCS 5/57.2) 3 Sec. 57.2. Definitions. As used in this Title: 4 "Audit" means a systematic inspection or examination of 5 plans, reports, records, or documents to determine the 6 completeness and accuracy of the data and conclusions 7 contained therein. 8 "Bodily injury" means bodily injury, sickness, or disease 9 sustained by a person, including death at any time, resulting 10 from a release of petroleum from an underground storage tank. 11 "Release" means any spilling, leaking, emitting, 12 discharging, escaping, leaching or disposing of petroleum 13 from an underground storage tank into groundwater, surface 14 water or subsurface soils. 15 "Fill material" means non-native or disturbed materials 16 used to bed and backfill around an underground storage tank. 17 "Fund" means the Underground Storage Tank Fund. 18 "Heating Oil" means petroleum that is No. 1, No. 2, No. 4 19 - light, No. 4 - heavy, No. 5 - light, No. 5 - heavy or No. 6 20 technical grades of fuel oil; and other residual fuel oils 21 including Navy Special Fuel Oil and Bunker C. 22 "Indemnification" means indemnification of an owner or 23 operator for the amount of any judgment entered against the 24 owner or operator in a court of law, for the amount of any 25 final order or determination made against the owner or 26 operator by an agency of State government or any subdivision 27 thereof, or for the amount of any settlement entered into by 28 the owner or operator, if the judgment, order, determination, 29 or settlement arises out of bodily injury or property damage 30 suffered as a result of a release of petroleum from an 31 underground storage tank owned or operated by the owner or 32 operator. 33 "Corrective action" means activities associated with HB4471 Enrolled -3- LRB9212424LBpr 1 compliance with the provisions of Sections 57.6 and 57.7 of 2 this Title. 3 "Occurrence" means an accident, including continuous or 4 repeated exposure to conditions, that results in a sudden or 5 nonsudden release from an underground storage tank. 6 When used in connection with, or when otherwise relating 7 to, underground storage tanks, the terms "facility", "owner", 8 "operator", "underground storage tank", "(UST)", "petroleum" 9 and "regulated substance" shall have the meanings ascribed to 10 them in Subtitle I of the Hazardous and Solid Waste 11 Amendments of 1984 (P.L. 98-616), of the Resource 12 Conservation and Recovery Act of 1976 (P.L. 94-580); provided 13 however that the term "underground storage tank" shall also 14 mean an underground storage tank used exclusively to store 15 heating oil for consumptive use on the premises where stored 16 and which serves other than a farm or residential unit. 17 "Licensed Professional Engineer" means a person, 18 corporation, or partnership licensed under the laws of the 19 State of Illinois to practice professional engineering. 20 "Site" means any single location, place, tract of land or 21 parcel of property including contiguous property not 22 separated by a public right-of-way. 23 "Site investigation" means activities associated with 24 compliance with the provisions of subsection (a) of Section 25 57.7. 26 "Physical soil classification" means verification that27 subsurface strata are as generally mapped in the publication28 Illinois Geological Survey Circular (1984) titled "Potential29 for Contamination of Shallow Aquifers in Illinois," by Berg,30 Richard C., et al. Such classification may include review of31 soil borings, well logs, physical soil analyses, regional32 geologic maps, or other scientific publications.33 "Property damage" means physical injury to, destruction 34 of, or contamination of tangible property, including all HB4471 Enrolled -4- LRB9212424LBpr 1 resulting loss of use of that property; or loss of use of 2 tangible property that is not physically injured, destroyed, 3 or contaminated, but has been evacuated, withdrawn from use, 4 or rendered inaccessible because of a release of petroleum 5 from an underground storage tank. 6 "Class I Groundwater" means groundwater that meets the 7 Class I: Potable Resource Groundwater criteria set forth in 8 the Board regulations adopted pursuant to the Illinois 9 Groundwater Protection Act. 10 "Class III Groundwater" means groundwater that meets the 11 Class III: Special Resource Groundwater criteria set forth 12 in the Board regulations adopted pursuant to the Illinois 13 Groundwater Protection Act. 14 (Source: P.A. 88-496; 89-428, eff. 1-1-96; 89-457, eff. 15 5-22-96.) 16 (415 ILCS 5/57.5) 17 Sec. 57.5. Underground Storage Tanks; removal; repair; 18 abandonment. 19 (a) Notwithstanding the eligibility or the level of 20 deductibility of an owner or operator under the Underground 21 Storage Tank Fund, any owner or operator of an Underground 22 Storage Tank may seek to remove or abandon such tank under 23 the provisions of this Title. In order to be reimbursed 24 under Section 57.8, the owner or operator must comply with 25 the provisions of this Title. In no event will an owner or 26 operator be reimbursed for any costs which exceed the minimum 27 requirements necessary to comply with this Title. 28 (b) Removal or abandonment of an Underground Storage 29 Tank must be carried out in accordance with regulations 30 adopted by the Office of State Fire Marshal. 31 (c) The Office of the State Fire Marshal or a designated 32 agent shall have an inspector on site at the time of removal, 33 abandonment, or such other times the Office of State Fire HB4471 Enrolled -5- LRB9212424LBpr 1 Marshal deems appropriate. At such time, the inspector 2 shall, upon preliminary excavation of the tank site, render 3 an opinion as to whether a release of petroleum has occurred 4 and, if so, the owner or operator shall report the known or 5 suspected release to the Illinois Emergency Management 6 Agency. The owner or operator shall determine whether or not 7 a release has occurred in conformance with the regulations 8 adopted by the Board and the Office of the State Fire 9 Marshal. Except that if the opinion of the Office of the 10 State Fire Marshal inspector is that a release of petroleum 11 has occurred and the owner or operator has reported the 12 release to the Illinois Emergency Management Agency within 24 13 hours of removal of the tank, no such determination is 14 required under this subsection. In the event the owner or 15 operator confirms the presence of a release of petroleum, the 16 owner or operator shall comply with Section 57.6. The 17 inspector shall provide the owner or operator, or a 18 designated agent, with an "Eligibility and Deductibility 19 Determination" form. The Office of the State Fire Marshal 20 shall provide on-site assistance to the owner or operator or 21 a designated agent with regard to the eligibility and 22 deductibility procedures as provided in Section 57.9. If the 23 Office of the State Fire Marshal is not on site, the Office 24 of the State Fire Marshal shall provide the owner or operator 25 with an "Eligibility and Deductibility Determination" form 26 within 15 days after receiving notice that the confirmed 27 release was reported by the owner or operator. 28 (d) In the event that a release of petroleum is 29 confirmed under subsection (c) of this Section, the owner or 30 operator may elect to backfill the preliminary excavation and 31 proceed under Section 57.6. 32 (e) In the event that an Underground Storage Tank is 33 found to be ineligible for payment from the Underground 34 Storage Tank Fund, the owner or operator shall proceed under HB4471 Enrolled -6- LRB9212424LBpr 1 Sections 57.6 and 57.7. 2 (f) In the event that no release of petroleum is 3 confirmed, the owner or operator shall proceed to complete 4 the removal of the underground storage tank, and when 5 appropriate, dispose of the tank and backfill the excavation 6 or, in the alternate, abandon the underground storage tank in 7 place. Either option shall be in accordance with regulations 8 adopted by the Office of the State Fire Marshal. The owner 9 or operator shall certify to the Office of the State Fire 10 Marshal that the tank removal or abandonment was conducted in 11 accordance with all applicable rules and regulations, and the 12 Office of the State Fire Marshal shall then issue a 13 certificate of removal or abandonment to the owner or 14 operator. If the Office of the State Fire Marshal fails to 15 issue a certificate of removal or abandonment within 30 days 16 of receipt of the certification, the certification shall be 17 considered rejected by operation of law and a final action 18 appealable to the Board. Nothing in this Title shall prohibit 19 the Office of the State Fire Marshal from making an 20 independent inspection of the site and challenging the 21 veracity of the owner or operator certification. 22 (g) The owner or operator of an underground storage tank 23 taken out of operation before January 2, 1974, or an 24 underground storage tank used exclusively to store heating 25 oil for consumptive use on the premises where stored and 26 which serves other than a farm or residential unit shall not 27 be required to remove or abandon in place such underground 28 storage tank except in the case in which the Office of the 29 State Fire Marshal has determined that a release from the 30 underground storage tank poses a current or potential threat 31 to human health and the environment. In that case, and upon 32 receipt of an order from the Office of the State Fire 33 Marshal, the owner or operator of such underground storage 34 tank shall conduct removal and, if necessary, site HB4471 Enrolled -7- LRB9212424LBpr 1 investigation and corrective action in accordance with this 2 Title and regulations promulgated by the Office of State Fire 3 Marshal and the Board. 4 (h) In the event that a release of petroleum occurred 5 between September 13, 1993, and August 1, 1994, for which the 6 Office of the State Fire Marshal issued a certificate of 7 removal or abandonment based on its determination of "no 8 release" or "minor release," and the Office of the State Fire 9 Marshal subsequently has rescinded that determination and 10 required a report of a confirmed release to the Illinois 11 Emergency Management Agency, the owner or operator may be 12 eligible for reimbursement for the costs of site 13 investigation and corrective action incurred on or after the 14 date of the release but prior to the notification of the 15 Illinois Emergency Management Agency. The date of the 16 release shall be the date of the initial inspection by the 17 Office of the State Fire Marshal as recorded in its 18 inspection log. Eligibility and deductibility shall be 19 determined in accordance with this Title, the owner or 20 operator must comply with the provisions of this Act and its 21 rules, and in no case shall the owner or operator be 22 reimbursed for costs exceeding the minimum requirements of 23 this Act and its rules. 24 (Source: P.A. 88-496; 89-428, eff. 1-1-96; 89-457, eff. 25 5-22-96.) 26 (415 ILCS 5/57.6) 27 Sec. 57.6. Underground storage tanks; early action. 28 (a) Owners and operators of underground storage tanks 29 shall, in response to all confirmed releases, comply with all 30 applicable statutory and regulatory reporting and response 31 requirements. 32 (b) Notwithstanding any other corrective action taken, 33 an owner or operator may, at a minimum, and prior to HB4471 Enrolled -8- LRB9212424LBpr 1 submission of any plans to the Agency, remove the tank system 2 or abandon the underground storage tank in place, in 3 accordance with the regulations promulgated by the Office of 4 the State Fire Marshal. The owner or operator may also 5 remove visibly contaminated fill material and any groundwater 6 in the excavation which exhibits a sheen. For purposes of 7 payment for early action costs, however, fill material shall 8 not be removed in an amount in excess of 4 feet from the 9 outside dimensions of the tank. 10 (Source: P.A. 88-496; 89-428, eff. 1-1-96; 89-457, eff. 11 5-22-96.) 12 (415 ILCS 5/57.7) 13 Sec. 57.7. Leaking underground storage tanks; site 14 investigation physical soil classification, groundwater15 investigation, site classification,and corrective action. 16 (a) Site investigation. 17 (1) For any site investigation activities required 18 by statute or rule, the owner or operator shall submit to 19 the Agency for approval a site investigation plan 20 designed to determine the nature, concentration, 21 direction of movement, rate of movement, and extent of 22 the contamination as well as the significant physical 23 features of the site and surrounding area that may affect 24 contaminant transport and risk to human health and safety 25 and the environment. 26 (2) Any owner or operator intending to seek payment 27 from the Fund shall submit to the Agency for approval a 28 site investigation budget that includes, but is not 29 limited to, an accounting of all costs associated with 30 the implementation and completion of the site 31 investigation plan. 32 (3) Remediation objectives for the applicable 33 indicator contaminants shall be determined using the HB4471 Enrolled -9- LRB9212424LBpr 1 tiered approach to corrective action objectives rules 2 adopted by the Board pursuant to this Title and Title 3 XVII of this Act. For the purposes of this Title, 4 "Contaminant of Concern" or "Regulated Substance of 5 Concern" in the rules means the applicable indicator 6 contaminants set forth in subsection (d) of this Section 7 and the rules adopted thereunder. 8 (4) Upon the Agency's approval of a site 9 investigation plan, or as otherwise directed by the 10 Agency, the owner or operator shall conduct a site 11 investigation in accordance with the plan. 12 (5) Within 30 days after completing the site 13 investigation, the owner or operator shall submit to the 14 Agency for approval a site investigation completion 15 report. At a minimum the report shall include all of the 16 following: 17 (A) Executive summary. 18 (B) Site history. 19 (C) Site-specific sampling methods and 20 results. 21 (D) Documentation of all field activities, 22 including quality assurance. 23 (E) Documentation regarding the development of 24 proposed remediation objectives. 25 (F) Interpretation of results. 26 (G) Conclusions. 27 (b) Corrective action. 28 (1) If the site investigation confirms none of the 29 applicable indicator contaminants exceed the proposed 30 remediation objectives, within 30 days after completing 31 the site investigation the owner or operator shall submit 32 to the Agency for approval a corrective action completion 33 report in accordance with this Section. 34 (2) If any of the applicable indicator contaminants HB4471 Enrolled -10- LRB9212424LBpr 1 exceed the remediation objectives approved for the site, 2 within 30 days after the Agency approves the site 3 investigation completion report the owner or operator 4 shall submit to the Agency for approval a corrective 5 action plan designed to mitigate any threat to human 6 health, human safety, or the environment resulting from 7 the underground storage tank release. The plan shall 8 describe the selected remedy and evaluate its ability and 9 effectiveness to achieve the remediation objectives 10 approved for the site. At a minimum, the report shall 11 include all of the following: 12 (A) Executive summary. 13 (B) Statement of remediation objectives. 14 (C) Remedial technologies selected. 15 (D) Confirmation sampling plan. 16 (E) Current and projected future use of the 17 property. 18 (F) Applicable preventive, engineering, and 19 institutional controls including long-term 20 reliability, operating, and maintenance plans, and 21 monitoring procedures. 22 (G) A schedule for implementation and 23 completion of the plan. 24 (3) Any owner or operator intending to seek payment 25 from the Fund shall submit to the Agency for approval a 26 corrective action budget that includes, but is not 27 limited to, an accounting of all costs associated with 28 the implementation and completion of the corrective 29 action plan. 30 (4) Upon the Agency's approval of a corrective 31 action plan, or as otherwise directed by the Agency, the 32 owner or operator shall proceed with corrective action in 33 accordance with the plan. 34 (5) Within 30 days after the completion of a HB4471 Enrolled -11- LRB9212424LBpr 1 corrective action plan that achieves applicable 2 remediation objectives the owner or operator shall submit 3 to the Agency for approval a corrective action completion 4 report. The report shall demonstrate whether corrective 5 action was completed in accordance with the approved 6 corrective action plan and whether the remediation 7 objectives approved for the site, as well as any other 8 requirements of the plan, have been achieved. 9 (6) If within 4 years after the approval of any 10 corrective action plan the applicable remediation 11 objectives have not been achieved and the owner or 12 operator has not submitted a corrective action completion 13 report, the owner or operator must submit a status report 14 for Agency review. The status report must include, but is 15 not limited to, a description of the remediation 16 activities taken to date, the effectiveness of the method 17 of remediation being used, the likelihood of meeting the 18 applicable remediation objectives using the current 19 method of remediation, and the date the applicable 20 remediation objectives are expected to be achieved. 21 (7) If the Agency determines any approved 22 corrective action plan will not achieve applicable 23 remediation objectives within a reasonable time, based 24 upon the method of remediation and site specific 25 circumstances, the Agency may require the owner or 26 operator to submit to the Agency for approval a revised 27 corrective action plan. If the owner or operator intends 28 to seek payment from the Fund, the owner or operator must 29 also submit a revised budget. 30 (a) Physical soil classification and groundwater31 investigation.32 (1) Prior to conducting any physical soil33 classification and groundwater investigation activities34 required by statute or regulation, the owner or operatorHB4471 Enrolled -12- LRB9212424LBpr 1 shall prepare and submit to the Agency for the Agency's2 approval or modification:3 (A) a physical soil classification and4 groundwater investigation plan designed to5 determine site classification, in accordance6 with subsection (b) of this Section, as High7 Priority, Low Priority, or No Further Action.8 (B) a request for payment of costs9 associated with eligible early action costs as10 provided in Section 57.6(b). However, for11 purposes of payment for early action costs,12 fill materials shall not be removed in an13 amount in excess of 4 feet from the outside14 dimensions of the tank.15 (2) If the owner or operator intends to seek16 payment from the Fund, prior to conducting any physical17 soil classification and groundwater investigation18 activities required by statute or regulation, the owner19 or operator shall submit to the Agency for the Agency's20 approval or modification a physical soil classification21 and groundwater investigation budget which includes, but22 is not limited to, an accounting of all costs associated23 with the implementation and completion of the physical24 soil classification and groundwater investigation plan.25 (3) Within 30 days of completion of the physical26 soil classification or groundwater investigation report27 the owner or operator shall submit to the Agency:28 (A) all physical soil classification and29 groundwater investigation results; and30 (B) a certification by a Licensed Professional31 Engineer of the site's classification as High32 Priority, Low Priority, or No Further Action in33 accordance with subsection (b) of this Section as34 High Priority, Low Priority, or No Further Action.HB4471 Enrolled -13- LRB9212424LBpr 1 (b) Site Classification.2 (1) After evaluation of the physical soil3 classification and groundwater investigation results,4 when required, and general site information, the site5 shall be classified as "No Further Action", "Low6 Priority", or "High Priority" based on the requirements7 of this Section. Site classification shall be determined8 by a Licensed Professional Engineer in accordance with9 the requirements of this Title and the Licensed10 Professional Engineer shall submit a certification to the11 Agency of the site classification. The Agency has the12 authority to audit site classifications and reject or13 modify any site classification inconsistent with the14 requirements of this Title.15 (2) Sites shall be classified as No Further Action16 if the criteria in subparagraph (A) are satisfied:17 (A)(i) The site is located in an area18 designated D, E, F and G on the Illinois Geological19 Survey Circular (1984) titled "Potential for20 Contamination of Shallow Aquifers in Illinois," by21 Berg, Richard C., et al.;22 (ii) A site evaluation under the direction of23 a Licensed Professional Engineer verifies the24 physical soil classification conditions are25 consistent with those indicated on the Illinois26 Geological Survey Circular (1984) titled "Potential27 for Contamination of Shallow Aquifers in Illinois,"28 by Berg, Richard C., et al.; and29 (iii) The conditions identified in subsections30 (b) (3)(B), (C), (D), and (E) do not exist.31 (B) Groundwater investigation monitoring may32 be required to confirm that a site meets the33 criteria of a No Further Action site. The Board34 shall adopt rules setting forth the criteria underHB4471 Enrolled -14- LRB9212424LBpr 1 which the Agency may exercise its discretionary2 authority to require investigations and the minimum3 field requirements for conducting investigations.4 (3) Sites shall be classified as High Priority if5 any of the following are met:6 (A) The site is located in an area designated7 A1, A2, A3, A4, A5, AX, B1, B2, BX, C1, C2, C3, C4,8 or C5 on the Illinois Geological Survey Circular9 (1984) titled "Potential for Contamination of10 Shallow Aquifers in Illinois," by Berg, Richard C.,11 et al.; a site evaluation under the direction of a12 Licensed Professional Engineer verifies the physical13 soil classifications conditions are consistent with14 those indicated on the Illinois Geological Survey15 Circular (1984) entitled "Potential for16 Contamination of Shallow Aquifers in Illinois," by17 Berg, Richard C., et al.; and the results of the18 physical soil classification and groundwater19 investigation indicate that an applicable indicator20 contaminant groundwater quality standard or21 groundwater objective has been exceeded at the22 property boundary line or 200 feet from the23 excavation, whichever is less as a consequence of24 the underground storage tank release.25 (B) The underground storage tank is within the26 minimum or maximum setback zone of a potable water27 supply well or regulated recharge area of a potable28 water supply well.29 (C) There is evidence that, through natural or30 manmade pathways, migration of petroleum or vapors31 threaten human health or human safety or may cause32 explosions in basements, crawl spaces, utility33 conduits, storm or sanitary sewers, vaults or other34 confined spaces.HB4471 Enrolled -15- LRB9212424LBpr 1 (D) Class III special resource groundwater2 exists within 200 feet of the excavation.3 (E) A surface water body is adversely affected4 by the presence of a visible sheen or free product5 layer as the result of an underground storage tank6 release.7 (4) Sites shall be classified as Low Priority if8 all of the following are met:9 (A) The site does not meet any of the criteria10 for classification as a High Priority Site.11 (B) (i) The site is located in area designated12 A1, A2, A3, A4, A5, AX, B1, B2, BX, C1, C2, C3, C4,13 C5 on the Illinois Geological Survey Circular (1984)14 entitled "Potential for Contamination of Shallow15 Aquifers in Illinois," by Berg, Richard C., et al.;16 and17 (ii) a site evaluation under the direction of18 a Licensed Professional Engineer verifies the19 physical soil classification conditions are20 consistent with those indicated on the Illinois21 Geological Survey Circular (1984) titled "Potential22 for Contamination of Shallow Aquifers in Illinois,"23 by Berg, Richard C., et al.; and24 (iii) the results of the physical soil25 classification and groundwater investigation do not26 indicate an applicable indicator contaminant27 groundwater quality standard or groundwater28 objective has been exceeded at the property boundary29 line or 200 feet from the underground storage tank,30 whichever is less.31 (5) In the event the results of the physical soil32 classification and any required groundwater investigation33 reveal that the actual site geologic characteristics are34 different than those indicated by the Illinois GeologicalHB4471 Enrolled -16- LRB9212424LBpr 1 Survey Circular (1984) titled "Potential for2 Contamination of Shallow Aquifers in Illinois" by Berg,3 Richard C., et al., classification of the site shall be4 determined using the actual site geologic5 characteristics.6 (6) For purposes of physical soil classification,7 the Board is authorized to prescribe by regulation8 alternatives to use of the Illinois Geological Survey9 Circular (1984) titled "Potential for Contamination of10 Shallow Aquifers in Illinois" by Berg, Richard C., et al.11 (c) Corrective Action.12 (1) High Priority Site.13 (A) Prior to performance of any corrective14 action, beyond that required by Section 57.6 and15 subsection (a) of Section 57.7 of this Act, the16 owner or operator shall prepare and submit to the17 Agency for the Agency's approval or modification a18 corrective action plan designed to mitigate any19 threat to human health, human safety or the20 environment resulting from the underground storage21 tank release.22 (B) If the owner or operator intends to seek23 payment from the Fund, prior to performance of any24 corrective action beyond that required by Section25 57.6 and subsection (a) of Section 57.7, the owner26 or operator shall submit to the Agency for the27 Agency's approval or modification a corrective28 action plan budget which includes, but is not29 limited to, an accounting of all costs associated30 with the implementation and completion of the31 corrective action plan.32 (C) The corrective action plan shall do all of33 the following:34 (i) Provide that applicable indicatorHB4471 Enrolled -17- LRB9212424LBpr 1 contaminant groundwater quality standards or2 groundwater objectives will not be exceeded in3 groundwater at the property boundary line or4 200 feet from the excavation, whichever is5 less, or other level if approved by the Agency,6 for any contaminant identified in the7 groundwater investigation after complete8 performance of the corrective action plan.9 (ii) Provide that Class III special10 resource groundwater quality standards for11 Class III special resource groundwater within12 200 feet of the excavation will not be exceeded13 as a result of the underground storage tank14 release for any indicator contaminant15 identified in the groundwater investigation16 after complete performance of the corrective17 action plan.18 (iii) Remediate threats due to the19 presence or migration, through natural or20 manmade pathways, of petroleum in21 concentrations sufficient to harm human health22 or human safety or to cause explosions in23 basements, crawl spaces, utility conduits,24 storm or sanitary sewers, vaults or other25 confined spaces.26 (iv) Remediate threats to a potable water27 supply.28 (v) Remediate threats to a surface water29 body.30 (D) Within 30 days of completion of the31 corrective action, the owner or operator shall32 submit to the Agency such a completion report that33 includes a description of the corrective action plan34 and a description of the corrective action workHB4471 Enrolled -18- LRB9212424LBpr 1 performed and all analytical or sampling results2 derived from performance of the corrective action3 plan.4 (E) The Agency shall issue to the owner or5 operator a no further remediation letter in6 accordance with Section 57.10 if all of the7 following are met:8 (i) The corrective action completion9 report demonstrates that: (a) applicable10 indicator contaminant groundwater quality11 standards or groundwater objectives are not12 exceeded at the property boundary line or 20013 feet from the excavation, whichever is less, as14 a result of the underground storage tank15 release for any indicator contaminant16 identified in the groundwater investigation;17 (b) Class III special use resource groundwater18 quality standards, for Class III special use19 resource groundwater within 200 feet of the20 underground storage tank, are not exceeded as a21 result of the underground storage tank release22 for any contaminant identified in the23 groundwater investigation; (c) the underground24 storage tank release does not threaten human25 health or human safety due to the presence or26 migration, through natural or manmade pathways,27 of petroleum or hazardous substances in28 concentrations sufficient to harm human health29 or human safety or to cause explosions in30 basements, crawl spaces, utility conduits,31 storm or sanitary sewers, vaults or other32 confined spaces; (d) the underground storage33 tank release does not threaten any surface34 water body; and (e) the underground storageHB4471 Enrolled -19- LRB9212424LBpr 1 tank release does not threaten any potable2 water supply.3 (ii) The owner or operator submits to the4 Agency a certification from a Licensed5 Professional Engineer that the work described6 in the approved corrective action plan has been7 completed and that the information presented in8 the corrective action completion report is9 accurate and complete.10 (2) Low Priority Site.11 (A) Corrective action at a low priority site12 must include groundwater monitoring consistent with13 part (B) of this paragraph (2).14 (B) Prior to implementation of groundwater15 monitoring, the owner or operator shall prepare and16 submit to the Agency a groundwater monitoring plan17 and, if the owner or operator intends to seek18 payment under this Title, an associated budget which19 includes, at a minimum, all of the following:20 (i) Placement of groundwater monitoring21 wells at the property line, or at 200 feet from22 the excavation which ever is closer, designed23 to provide the greatest likelihood of detecting24 migration of groundwater contamination.25 (ii) Quarterly groundwater sampling for a26 period of one year, semi-annual sampling for27 the second year and annual groundwater sampling28 for one subsequent year for all indicator29 contaminants identified during the groundwater30 investigation.31 (iii) The annual submittal to the Agency32 of a summary of groundwater sampling results.33 (C) If at any time groundwater sampling34 results indicate a confirmed exceedence ofHB4471 Enrolled -20- LRB9212424LBpr 1 applicable indicator contaminant groundwater quality2 standards or groundwater objectives as a result of3 the underground storage tank release, the site may4 be reclassified as a High Priority Site by the5 Agency at any time before the Agency's final6 approval of a Low Priority groundwater monitoring7 completion report. Agency review and approval shall8 be in accordance with paragraph (4) of subsection9 (c) of this Section. If the owner or operator elects10 to appeal an Agency action to disapprove, modify, or11 reject by operation of law a Low Priority12 groundwater monitoring completion report, the Agency13 shall indicate to the Board in conjunction with such14 appeal whether it intends to reclassify the site as15 High Priority. If a site is reclassified as a High16 Priority Site, the owner or operator shall submit a17 corrective action plan and budget to the Agency18 within 120 days of the confirmed exceedence and19 shall initiate compliance with all corrective action20 requirements for a High Priority Site.21 (D) If, throughout the implementation of the22 groundwater monitoring plan, the groundwater23 sampling results do not confirm an exceedence of24 applicable indicator contaminant groundwater quality25 standards or groundwater objectives as a result of26 the underground storage tank release, the owner or27 operator shall submit to the Agency a certification28 of a Licensed Professional Engineer so stating.29 (E) Unless the Agency takes action under30 subsection (b)(2)(C) to reclassify a site as high31 priority, upon receipt of a certification by a32 Licensed Professional Engineer submitted pursuant to33 paragraph (2) of subsection (c) of this Section, the34 Agency shall issue to the owner or operator a noHB4471 Enrolled -21- LRB9212424LBpr 1 further remediation letter in accordance with2 Section 57.10.3 (3) No Further Action Site.4 (A) No Further Action sites require no5 remediation beyond that required in Section 57.6 and6 subsection (a) of this Section if the owner or7 operator has submitted to the Agency a certification8 by a Licensed Professional Engineer that the site9 meets all of the criteria for classification as No10 Further Action in subsection (b) of this Section.11 (B) Unless the Agency takes action to reject12 or modify a site classification under subsection (b)13 of this Section or the site classification is14 rejected by operation of law under item (4)(B) of15 subsection (c) of this Section, upon receipt of a16 certification by a Licensed Professional Engineer17 submitted pursuant to part (A) of paragraph (3) of18 subsection (c) of this Section, the Agency shall19 issue to the owner or operator a no further20 remediation letter in accordance with Section 57.10.21 (c) (4)Agency review and approval. 22 (1) (A)Agency approval of any plan and associated 23 budget, as described in this subsection (c) item (4), 24 shall be considered final approval for purposes of 25 seeking and obtaining payment from the Underground 26 Storage Tank Fund if the costs associated with the 27 completion of any such plan are less than or equal to the 28 amounts approved in such budget. 29 (2) (B)In the event the Agency fails to approve, 30 disapprove, or modify any plan or report submitted 31 pursuant to this Title in writing within 120 days of the 32 receipt by the Agency, the plan or report shall be 33 considered to be rejected by operation of law for 34 purposes of this Title and rejected for purposes of HB4471 Enrolled -22- LRB9212424LBpr 1 payment from the LeakingUnderground Storage Tank Fund. 2 (A) (i)For purposes of those plans as 3 identified in paragraph (5) subparagraph (E)of this 4 subsection (c) (c)(4), the Agency's review may be an 5 audit procedure. Such review or audit shall be 6 consistent with the procedure for such review or 7 audit as promulgated by the Board under item (7) of8 subsection (b) ofSection 57.14. The Agency has the 9 authority to establish an auditing program to verify 10 compliance of such plans with the provisions of this 11 Title. 12 (B) (ii)For purposes of corrective action 13 thoseplans submitted pursuant to subsection (b) of 14 this Section Part (E) (iii) of this paragraph (4)15 for which payment from the Fund is not being sought, 16 the Agency need not take action on such plan until 17 120 days after it receives the corrective action 18 completion report required under subsection (b) of 19 this Section Section 57(c)(1)(D). In the event the 20 Agency approved the plan, it shall proceed under the 21 provisions of this subsection (c) Section 57(c)(4). 22 (3) (C)In approving any plan submitted pursuant to 23 subsection (a) or (b) of this Section Part (E) of this24 paragraph (4), the Agency shall determine, by a procedure 25 promulgated by the Board under item (7) of subsection (b)26 ofSection 57.14, that the costs associated with the plan 27 are reasonable, will be incurred in the performance of 28 site investigation or corrective action, and will not be 29 used for site investigation or corrective action 30 activities in excess of those required to meet the 31 minimum requirements of this Title. 32 (4) (D)For any plan or report received after the 33 effective date of this amendatory Act of 2002 1993, any 34 action by the Agency to disapprove or modify a plan HB4471 Enrolled -23- LRB9212424LBpr 1 submitted pursuant to this Title shall be provided to the 2 owner or operator in writing within 120 days of the 3 receipt by the Agency or, in the case of a site 4 investigation plan or corrective action plan for which 5 payment is not being sought, within 120 days of receipt 6 of the site investigation completion report or corrective 7 action completion report, respectively, and shall be 8 accompanied by: 9 (A) (i)an explanation of the Sections of this 10 Act which may be violated if the plans were 11 approved; 12 (B) (ii)an explanation of the provisions of 13 the regulations, promulgated under this Act, which 14 may be violated if the plan were approved; 15 (C) (iii)an explanation of the specific type 16 of information, if any, which the Agency deems the 17 applicant did not provide the Agency; and 18 (D) (iv)a statement of specific reasons why 19 the Act and the regulations might not be met if the 20 plan were approved. 21 Any action by the Agency to disapprove or modify a 22 plan or report or the rejection of any plan or report by 23 operation of law shall be subject to appeal to the Board 24 in accordance with the procedures of Section 40. If the 25 owner or operator elects to incorporate modifications 26 required by the Agency rather than appeal, an amended 27 plan shall be submitted to the Agency within 35 days of 28 receipt of the Agency's written notification. 29 (5) (E)For purposes of this Title, the term "plan" 30 shall include: 31 (A) Any site investigation plan submitted 32 pursuant to subsection (a) of this Section; 33 (B) Any site investigation budget submitted 34 pursuant to subsection (a) of this Section; HB4471 Enrolled -24- LRB9212424LBpr 1 (i) Any physical soil classification and2 groundwater investigation plan submitted3 pursuant to item (1)(A) of subsection (a) of4 this Section, or budget under item (2) of5 subsection (a) of this Section;6 (ii) Any groundwater monitoring plan or7 budget submitted pursuant to subsection8 (c)(2)(B) of this Section;9 (C) (iii)Any corrective action plan submitted 10 pursuant to subsection (b) (c)(1)(A)of this 11 Section; or 12 (D) (iv)Any corrective action plan budget 13 submitted pursuant to subsection (b) (c)(1)(B)of 14 this Section. 15 (d) For purposes of this Title, the term "indicator 16 contaminant" shall mean, unless and until the Board 17 promulgates regulations to the contrary, the following: (i) 18 if an underground storage tank contains gasoline, the 19 indicator parameter shall be BTEX and Benzene; (ii) if the 20 tank contained petroleum products consisting of middle 21 distillate or heavy ends, then the indicator parameter shall 22 be determined by a scan of PNA's taken from the location 23 where contamination is most likely to be present; and (iii) 24 if the tank contained used oil, then the indicator 25 contaminant shall be those chemical constituents which 26 indicate the type of petroleum stored in an underground 27 storage tank. All references in this Title to groundwater 28 objectives shall mean Class I groundwater standards or 29 objectives as applicable. 30 (e) (1) Notwithstanding the provisions of this Section, 31 an owner or operator may proceed to conduct site 32 investigation or physical soil classification,33 groundwater investigation, site classification or other34 corrective action prior to the submittal or approval of HB4471 Enrolled -25- LRB9212424LBpr 1 an otherwise required plan. If the owner or operator 2 elects to so proceed, an applicable plan shall be filed 3 with the Agency at any time. Such plan shall detail the 4 steps taken to determine the type of site investigation 5 or corrective action which was necessary at the site 6 along with the site investigation or corrective action 7 taken or to be taken, in addition to costs associated 8 with activities to date and anticipated costs. 9 (2) Upon receipt of a plan submitted after 10 activities have commenced at a site, the Agency shall 11 proceed to review in the same manner as required under 12 this Title. In the event the Agency disapproves all or 13 part of the costs, the owner or operator may appeal such 14 decision to the Board. The owner or operator shall not 15 be eligible to be reimbursed for such disapproved costs 16 unless and until the Board determines that such costs 17 were eligible for payment. 18 (f) All investigations, plans, and reports conducted or 19 prepared under this Section shall be conducted or prepared 20 under the supervision of a licensed professional engineer and 21 in accordance with the requirements of this Title. 22 (Source: P.A. 88-496; 88-668, eff. 9-16-94; 89-428, eff. 23 1-1-96; 89-457, eff. 5-22-96.) 24 (415 ILCS 5/57.8) 25 Sec. 57.8. Underground Storage Tank Fund; payment; 26 options for State payment; deferred correction election to 27 commence corrective action upon availability of funds. If an 28 owner or operator is eligible to access the Underground 29 Storage Tank Fund pursuant to an Office of State Fire Marshal 30 eligibility/deductible final determination letter issued in 31 accordance with Section 57.9, the owner or operator may 32 submit a complete application for final or partial payment to 33 the Agency for activities taken in response to a confirmed HB4471 Enrolled -26- LRB9212424LBpr 1 release. An owner or operator may submit a request for 2 partial or final payment regarding a site no more frequently 3 than once every 90 days. 4 (a) Payment after completion of corrective action 5 measures. The owner or operator may submit an application for 6 payment for activities performed at a site after completion 7 of the requirements of Sections 57.6 and 57.7, or after 8 completion of any other required activities at the 9 underground storage tank site. 10 (1) In the case of any approved plan and budget for 11 which payment is being sought, the Agency shall make a 12 payment determination within 120 days of receipt of the 13 application. Such determination shall be considered a 14 final decision. The Agency's review shall be limited to 15 generally accepted auditing and accounting practices. In 16 no case shall the Agency conduct additional review of any 17 plan which was completed within the budget, beyond 18 auditing for adherence to the corrective action measures 19 in the proposal. If the Agency fails to approve the 20 payment application within 120 days, such application 21 shall be deemed approved by operation of law and the 22 Agency shall proceed to reimburse the owner or operator 23 the amount requested in the payment application. 24 However, in no event shall the Agency reimburse the owner 25 or operator an amount greater than the amount approved in 26 the plan. 27 (2) If sufficient funds are available in the 28 Underground Storage Tank Fund, the Agency shall, within 29 60 days, forward to the Office of the State Comptroller a 30 voucher in the amount approved under the payment 31 application. 32 (3) In the case of insufficient funds, the Agency 33 shall form a priority list for payment and shall notify 34 persons in such priority list monthly of the availability HB4471 Enrolled -27- LRB9212424LBpr 1 of funds and when payment shall be made. Payment shall 2 be made to the owner or operator at such time as 3 sufficient funds become available for the costs 4 associated with site investigation and corrective action 5 and costs expended for activities performed where no 6 proposal is required, if applicable. Such priority list 7 shall be available to any owner or operator upon request. 8 Priority for payment shall be determined by the date the 9 Agency receives a complete request for partial or final 10 payment. Upon receipt of notification from the Agency 11 that the requirements of this Title have been met, the 12 Comptroller shall make payment to the owner or operator 13 of the amount approved by the Agency, if sufficient money 14 exists in the Fund. If there is insufficient money in 15 the Fund, then payment shall not be made. If the owner 16 or operator appeals a final Agency payment determination 17 and it is determined that the owner or operator is 18 eligible for payment or additional payment, the priority 19 date for the payment or additional payment shall be the 20 same as the priority date assigned to the original 21 request for partial or final payment. 22 (4) Any deductible, as determined pursuant to the 23 Office of the State Fire Marshal's eligibility and 24 deductibility final determination in accordance with 25 Section 57.9, shall be subtracted from any payment 26 invoice paid to an eligible owner or operator. Only one 27 deductible shall apply per underground storage tank site. 28 (5) In the event that costs are or will be incurred 29 in addition to those approved by the Agency, or after 30 payment, the owner or operator may submit successive 31 plans containing amended budgets. The requirements of 32 Section 57.7 shall apply to any amended plans. 33 (6) For purposes of this Section, a complete 34 application shall consist of: HB4471 Enrolled -28- LRB9212424LBpr 1 (A) A certification from a Licensed 2 Professional Engineer as required under this Title 3 and acknowledged by the owner or operator. 4 (B) A statement of the amounts amountapproved 5 in the budget planand the amounts amountactually 6 sought for payment along with a certified statement 7 by the owner or operator that the amounts amountso 8 sought were shall beexpended in conformance with 9 the approved budget. 10 (C) A copy of the Office of the State Fire 11 Marshal's eligibility and deductibility 12 determination. 13 (D) Proof that approval of the payment 14 requested will not result in the limitations set 15 forth in subsection (g) of this Section being 16 exceeded. 17 (E) A federal taxpayer identification number 18 and legal status disclosure certification on a form 19 prescribed and provided by the Agency. 20 (b) Commencement of site investigation or corrective 21 action upon availability of funds. The Board shall adopt 22 regulations setting forth procedures based on risk to human 23 health or the environment under which the owner or operator 24 who has received approval for any budget plan submitted 25 pursuant to Section 57.7, and who is eligible for payment 26 from the Underground Storage Tank Fund pursuant to an Office 27 of the State Fire Marshal eligibility and deductibility 28 determination, may elect to defer site investigation or 29 corrective action classification, low priority groundwater30 monitoring, or remediationactivities until funds are 31 available in an amount equal to the amount approved in the 32 budget plan. The regulations shall establish criteria based 33 on risk to human health or the environment to be used for 34 determining on a site-by-site basis whether deferral is HB4471 Enrolled -29- LRB9212424LBpr 1 appropriate. The regulations also shall establish the 2 minimum investigatory requirements for determining whether 3 the risk based criteria are present at a site considering 4 deferral and procedures for the notification of owners or 5 operators of insufficient funds, Agency review of request for 6 deferral, notification of Agency final decisions, returning 7 deferred sites to active status, and earmarking of funds for 8 payment. 9 (c) When the owner or operator requests indemnification 10 for payment of costs incurred as a result of a release of 11 petroleum from an underground storage tank, if the owner or 12 operator has satisfied the requirements of subsection (a) of 13 this Section, the Agency shall forward a copy of the request 14 to the Attorney General. The Attorney General shall review 15 and approve the request for indemnification if: 16 (1) there is a legally enforceable judgment entered 17 against the owner or operator and such judgment was 18 entered due to harm caused by a release of petroleum from 19 an underground storage tank and such judgment was not 20 entered as a result of fraud; or 21 (2) a settlement with a third party due to a 22 release of petroleum from an underground storage tank is 23 reasonable. 24 (d) Notwithstanding any other provision of this Title, 25 the Agency shall not approve payment to an owner or operator 26 from the Fund for costs of corrective action or 27 indemnification incurred during a calendar year in excess of 28 the following aggregate amounts based on the number of 29 petroleum underground storage tanks owned or operated by such 30 owner or operator in Illinois. 31 Amount Number of Tanks 32 $2,000,000 1,000,000..................fewer than 101 33 $3,000,000 $2,000,000....................101 or more 34 (1) Costs incurred in excess of the aggregate HB4471 Enrolled -30- LRB9212424LBpr 1 amounts set forth in paragraph (1) of this subsection 2 shall not be eligible for payment in subsequent years. 3 (2) For purposes of this subsection, requests 4 submitted by any of the agencies, departments, boards, 5 committees or commissions of the State of Illinois shall 6 be acted upon as claims from a single owner or operator. 7 (3) For purposes of this subsection, owner or 8 operator includes (i) any subsidiary, parent, or joint 9 stock company of the owner or operator and (ii) any 10 company owned by any parent, subsidiary, or joint stock 11 company of the owner or operator. 12 (e) Costs of corrective action or indemnification 13 incurred by an owner or operator which have been paid to an 14 owner or operator under a policy of insurance, another 15 written agreement, or a court order are not eligible for 16 payment under this Section. An owner or operator who 17 receives payment under a policy of insurance, another written 18 agreement, or a court order shall reimburse the State to the 19 extent such payment covers costs for which payment was 20 received from the Fund. Any monies received by the State 21 under this subsection (e) shall be deposited into the Fund. 22 (f) Until the Board adopts regulations pursuant to 23 Section 57.14, handling charges are eligible for payment only 24 if they are equal to or less than the amount determined by 25 the following table: 26 Subcontract or field Eligible Handling Charges 27 Purchase Cost as a Percentage of Cost 28 $0 - $5,000...........................................12% 29 $5,001 - $15,000.............$600+10% of amt. over $5,000 30 $15,001 - $50,000...........$1600+8% of amt. over $15,000 31 $50,001 - $100,000..........$4400+5% of amt. over $50,000 32 $100,001 - $1,000,000......$6900+2% of amt. over $100,000 33 (g) The Agency shall not approve any payment from the 34 Fund to pay an owner or operator: HB4471 Enrolled -31- LRB9212424LBpr 1 (1) for costs of corrective action incurred by such 2 owner or operator in an amount in excess of $1,500,000 3 1,000,000per occurrence; and 4 (2) for costs of indemnification of such owner or 5 operator in an amount in excess of $1,500,000 1,000,0006 per occurrence. 7 (h) Payment of any amount from the Fund for corrective 8 action or indemnification shall be subject to the State 9 acquiring by subrogation the rights of any owner, operator, 10 or other person to recover the costs of corrective action or 11 indemnification for which the Fund has compensated such 12 owner, operator, or person from the person responsible or 13 liable for the release. 14 (i) If the Agency refuses to pay or authorizes only a 15 partial payment, the affected owner or operator may petition 16 the Board for a hearing in the manner provided for the review 17 of permit decisions in Section 40 of this Act. 18 (j) Costs of corrective action or indemnification 19 incurred by an owner or operator prior to July 28, 1989, 20 shall not be eligible for payment or reimbursement under this 21 Section. 22 (k) The Agency shall not pay costs of corrective action 23 or indemnification incurred before providing notification of 24 the release of petroleum in accordance with the provisions of 25 this Title. 26 (l) Corrective action does not include legal defense 27 costs. Legal defense costs include legal costs for seeking 28 payment under this Title unless the owner or operator 29 prevails before the Board in which case the Board may 30 authorize payment of legal fees. 31 (m) The Agency may apportion payment of costs for plans 32 submitted under Section 57.7 57.7(c)(4)(E)(iii)if: 33 (1) the owner or operator was deemed eligible to 34 access the Fund for payment of corrective action costs HB4471 Enrolled -32- LRB9212424LBpr 1 for some, but not all, of the underground storage tanks 2 at the site; and 3 (2) the owner or operator failed to justify all 4 costs attributable to each underground storage tank at 5 the site. 6 (n) The Agency shall not pay costs associated with a 7 corrective action plan incurred after the Agency provides 8 notification to the owner or operator pursuant to item (7) of 9 subsection (b) of Section 57.7 that a revised corrective 10 action plan is required. Costs associated with any 11 subsequently approved corrective action plan shall be 12 eligible for reimbursement if they meet the requirements of 13 this Title. 14 (Source: P.A. 91-357, eff. 7-29-99.) 15 (415 ILCS 5/57.10) 16 Sec. 57.10. Professional Engineer certification; 17 presumptions against liability. 18 (a) Within 120 days of the Agency's receipt of a No19 Further Action site classification report, a Low Priority20 groundwater monitoring report, or a High Prioritycorrective 21 action completion report, the Agency shall issue to the owner 22 or operator a "no further remediation letter" unless the 23 Agency has requested a modification, issued a rejection under 24 subsection (d) of this Section, or the report has been 25 rejected by operation of law. 26 (b) By certifying such a statement, a Licensed 27 Professional Engineer shall in no way be liable thereon, 28 unless the engineer gave such certification despite his or 29 her actual knowledge that the performed measures were not in 30 compliance with applicable statutory or regulatory 31 requirements or any plan submitted to the Agency. 32 (c) The Agency's issuance of a no further remediation 33 letter shall signify, based on the certification of the HB4471 Enrolled -33- LRB9212424LBpr 1 Licensed Professional Engineer, that: 2 (1) all statutory and regulatory corrective 3 action requirements applicable to the occurrence have 4 been complied with; 5 (2) all corrective action concerning the 6 remediation of the occurrence has been completed; and 7 (3) no further corrective action concerning the 8 occurrence is necessary for the protection of human 9 health, safety and the environment. 10 (d) The no further remediation letter issued under this 11 Section shall apply in favor of the following parties: 12 (1) The owner or operator to whom the letter was 13 issued. 14 (2) Any parent corporation or subsidiary of such 15 owner or operator. 16 (3) Any co-owner or co-operator, either by joint 17 tenancy, right-of-survivorship, or any other party 18 sharing a legal relationship with the owner or operator 19 to whom the letter is issued. 20 (4) Any holder of a beneficial interest of a land 21 trust or inter vivos trust whether revocable or 22 irrevocable. 23 (5) Any mortgagee or trustee of a deed of trust of 24 such owner or operator. 25 (6) Any successor-in-interest of such owner or 26 operator. 27 (7) Any transferee of such owner or operator 28 whether the transfer was by sale, bankruptcy proceeding, 29 partition, dissolution of marriage, settlement or 30 adjudication of any civil action, charitable gift, or 31 bequest. 32 (8) Any heir or devisee or such owner or operator. 33 (e) If the Agency notifies the owner or operator that 34 the "no further remediation" letter has been rejected, the HB4471 Enrolled -34- LRB9212424LBpr 1 grounds for such rejection shall be described in the notice. 2 Such a decision shall be a final determination which may be 3 appealed by the owner or operator. 4 (f) The Board shall adopt rules setting forth the 5 criteria under which the Agency may require an owner or 6 operator to conduct further investigation or remediation 7 related to a release for which a no further remediation 8 letter has been issued. 9 (g) Holders of security interests in sites subject to 10 the requirements of this Title XVI shall be entitled to the 11 same protections and subject to the same responsibilities 12 provided under general regulations promulgated under Subtitle 13 I of the Hazardous and Solid Waste Amendments of 1984 (P.L. 14 98-616) of the Resource Conservation and Recovery Act of 1976 15 (P.L. 94-580). 16 (Source: P.A. 88-496; 89-428, eff. 1-1-96; 89-457, eff. 17 5-22-96.) 18 (415 ILCS 5/57.13) 19 Sec. 57.13. Underground Storage Tank Program; transition. 20 (a) If a release is reported to the proper State 21 authority on or after the effective date of this amendatory 22 Act of 2002 1993, the owner or operator shall comply with the 23 requirements of this Title. 24 (b) If a release is reported to the proper State 25 authority prior to the effective date of this amendatory Act 26 of 2002 1993, the owner or operator of an underground storage 27 tank may elect to proceed in accordance with the requirements 28 of this Title by submitting a written statement to the Agency 29 of such election. If the owner or operator elects to proceed 30 under the requirements of this Title all costs incurred in 31 connection with the incident prior to notification shall be 32 reimbursable in the same manner as was allowable under the 33 then existing law. Completion of corrective action shall then HB4471 Enrolled -35- LRB9212424LBpr 1 follow the provisions of this Title. Owners and operators who 2 have not elected to proceed in accordance with the 3 requirements of this Title shall proceed in accordance with 4 the law in effect prior to the effective date of this 5 amendatory Act of 2002. 6 (Source: P.A. 88-496.) 7 (415 ILCS 5/57.14A new) 8 Sec. 57.14A. Rules. 9 (a) The Agency shall propose and the Board shall adopt 10 amendments to the rules governing the administration of this 11 Title to make the rules consistent with the provisions 12 herein. 13 (b) Until such time as the amended rules required under 14 this Section take effect, the Agency shall administer this 15 Title in accordance with the provisions herein. 16 Section 99. Effective date. This Act takes effect upon 17 becoming law.
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