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Public Act 094-0274


 

Public Act 0274 94TH GENERAL ASSEMBLY



 


 
Public Act 094-0274
 
SB1787 Enrolled LRB094 11340 RSP 42190 b

    AN ACT concerning safety.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Environmental Protection Act is amended by
changing Section 57.2 as follows:
 
    (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. 92-554, eff. 6-24-02; 92-735, eff. 7-25-02;
revised 9-9-02.)

Effective Date: 1/1/2006