State of Illinois
91st General Assembly
Public Acts

[ Home ]  [ ILCS ] [ Search ] [ Bottom ]
 [ Other General Assemblies ]

Public Act 91-0036

SB1018 Enrolled                                LRB9105635MWpc

    AN ACT to  amend  the  Environmental  Protection  Act  by
changing  Sections  19.2, 19.3, 19.4, 19.5, 19.6, 19.8, 22.2,
58, and 58.3 and adding Section 58.15.

    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 Sections 19.2,  19.3,  19.4,  19.5,  19.6,  19.8,
22.2, 58, and 58.3 and adding Section 58.15 as follows:

    (415 ILCS 5/19.2) (from Ch. 111 1/2, par. 1019.2)
    Sec.  19.2.   As  used  in this Title, unless the context
clearly requires otherwise:
    (a)  "Agency" means the Illinois Environmental Protection
Agency.
    (b)  "Fund"  means  the  Water  Revolving  Fund   created
pursuant  to  this  Title,  consisting of the Water Pollution
Control Loan Program, the Public Water Supply  Loan  Program,
and the Loan Support Program.
    (c)  "Loan"  means  a  loan made from the Water Pollution
Control Loan Program or the Public Water Supply Loan  Program
to an eligible applicant local government unit as a result of
a contractual agreement between the Agency and such applicant
unit.
    (d)  "Construction"   means   any  one  or  more  of  the
following  which  is  undertaken  for   a   public   purpose:
preliminary  planning  to  determine  the  feasibility of the
treatment  works  or  public   water   supply,   engineering,
architectural,  legal,  fiscal  or economic investigations or
studies,   surveys,   designs,   plans,   working   drawings,
specifications,  procedures  or  other   necessary   actions,
erection,   building,  acquisition,  alteration,  remodeling,
improvement or extension of treatment works or  public  water
supplies,  or  the  inspection  or  supervision of any of the
foregoing items.  "Construction" also includes implementation
of source water quality protection measures and establishment
and  implementation  of  wellhead  protection   programs   in
accordance  with  Section  1452(k)(1)  of  the  federal  Safe
Drinking Water Act.
    (e)  "Intended  use  plan"  means a plan which includes a
description of the short and long term goals  and  objectives
of  the  Water  Pollution Control Loan Program and the Public
Water Supply  Loan  Program,  project  categories,  discharge
requirements,  terms  of  financial  assistance  and the loan
applicants communities to be served.
    (f)  "Treatment works"  means  any  devices  and  systems
owned  by  a  local  government unit and used in the storage,
treatment,  recycling,  and  reclamation   of   sewerage   or
industrial  wastes of a liquid nature, including intercepting
sewers, outfall sewers, sewage  collection  systems,  pumping
power  and  other  equipment,  and appurtenances; extensions,
improvements, remodeling, additions, and alterations thereof;
elements essential to provide  a  reliable  recycled  supply,
such  as  standby  treatment units and clear well facilities;
and any works, including site acquisition of  the  land  that
will  be  an  integral  part  of  the  treatment  process for
wastewater facilities.
    (g)  "Local   government   unit"    means    a    county,
municipality,  township,  municipal  or  county  sewerage  or
utility  authority, sanitary district, public water district,
improvement authority  or  any  other  political  subdivision
whose  primary  purpose is to construct, operate and maintain
wastewater  treatment  facilities  or  public  water   supply
facilities or both.
(Source: P.A. 89-27, eff. 1-1-96; 90-121, eff. 7-17-97.)

    (415 ILCS 5/19.3) (from Ch. 111 1/2, par. 1019.3)
    Sec. 19.3.  Water Revolving Fund.
    (a)  There  is hereby created within the State Treasury a
Water  Revolving  Fund,  consisting  of  3   interest-bearing
special  programs  to be known as the Water Pollution Control
Loan Program, the Public Water Supply Loan Program,  and  the
Loan Support Program, which shall be used and administered by
the Agency.
    (b)  The  Water  Pollution  Control Loan Program shall be
used and administered by the Agency to provide assistance  to
local government units for the following public purposes:
         (1)  to  accept  and retain funds from grant awards,
    appropriations, transfers, and payments of  interest  and
    principal;
         (2)  to   make  direct  loans  at  or  below  market
    interest rates to any eligible local government  unit  to
    finance the construction of wastewater treatments works;
         (3)  to   make  direct  loans  at  or  below  market
    interest rates to any eligible local government  unit  to
    buy  or  refinance  debt  obligations for treatment works
    incurred after March 7, 1985;
         (3.5)  to make  direct  loans  at  or  below  market
    interest  rates  for  the  implementation of a management
    program established under  Section  319  of  the  Federal
    Water Pollution Control Act, as amended;
         (4)  to  guarantee  or  purchase insurance for local
    obligations where such action would improve credit market
    access or reduce interest rates;
         (5)  as a source of  revenue  or  security  for  the
    payment  of  principal and interest on revenue or general
    obligation bonds issued by the  State  or  any  political
    subdivision  or  instrumentality thereof, if the proceeds
    of such bonds will be deposited in the Fund;
         (6)  to finance the reasonable costs incurred by the
    Agency in the administration of the Fund; and
         (7)  to transfer funds to the  Public  Water  Supply
    Loan Program.
    (c)  The   Loan   Support   Program  shall  be  used  and
administered by the Agency for the following purposes:
         (1)  to accept and retain funds  from  grant  awards
    and appropriations;
         (2)  to finance the reasonable costs incurred by the
    Agency  in  the  administration  of  the  Fund, including
    activities under Title III of  this  Act,  including  the
    administration of the State construction grant program;
         (3)  to   transfer  funds  to  the  Water  Pollution
    Control Loan Program and the  Public  Water  Supply  Loan
    Program;
         (4)  to  accept  and  retain  a  portion of the loan
    repayments;
         (5)  to finance the development of the low  interest
    loan program for public water supply projects;
         (6)  to finance the reasonable costs incurred by the
    Agency  to  provide technical assistance for public water
    supplies; and
         (7)  to finance the reasonable costs incurred by the
    Agency for public water system supervision  programs,  to
    administer  or  provide  for technical assistance through
    source  water  protection  programs,   to   develop   and
    implement  a  capacity development strategy, to delineate
    and assess source water  protection  areas,  and  for  an
    operator certification program in accordance with Section
    1452 of the federal Safe Drinking Water Act.
    (d)  The  Public  Water Supply Loan Program shall be used
and administered by the Agency to provide assistance to local
government units for public water supplies for the  following
public purposes:
         (1)  to  accept  and retain funds from grant awards,
    appropriations, transfers, and payments of  interest  and



    principal;
         (2)  to   make  direct  loans  at  or  below  market
    interest rates to any eligible local government  unit  to
    finance the construction of public water supplies;
         (3)  to  buy  or  refinance the debt obligation of a
    local government unit for costs incurred on or after  the
    effective date of this amendatory Act of 1997;
         (4)  to   guarantee  local  obligations  where  such
    action would  improve  credit  market  access  or  reduce
    interest rates;
         (5)  as  a  source  of  revenue  or security for the
    payment of principal and interest on revenue  or  general
    obligation  bonds  issued  by  the State or any political
    subdivision or instrumentality thereof, if  the  proceeds
    of such bonds will be deposited into the Fund; and
         (6)  to   transfer  funds  to  the  Water  Pollution
    Control Loan Program.
    (e)   The  Agency  is  designated  as  the  administering
agency of the Fund.  The Agency shall submit to the  Regional
Administrator  of  the United States Environmental Protection
Agency an intended use plan which outlines the  proposed  use
of  funds  available to the State.  The Agency shall take all
actions necessary to secure to the State the benefits of  the
federal  Water  Pollution  Control  Act  and the federal Safe
Drinking Water Act, as now or hereafter amended.
    (f)  The Agency  shall  have  the  power  to  enter  into
intergovernmental  agreements  with the federal government or
the State, or any instrumentality thereof,  for  purposes  of
capitalizing  the Water Revolving Fund.  Moneys on deposit in
the Water Revolving Fund may be  used  for  the  creation  of
reserve funds or pledged funds that secure the obligations of
repayment  of  loans  made pursuant to this Section.  For the
purpose of obtaining  capital  for  deposit  into  the  Water
Revolving  Fund,  the  Agency  may also enter into agreements
with financial institutions and other persons for the purpose
of selling loans and developing a secondary market  for  such
loans.   The  Agency  shall  have  the  power  to  create and
establish such reserve funds and accounts as may be necessary
or desirable to accomplish its purposes under this subsection
and to allocate its available  moneys  into  such  funds  and
accounts.   Investment  earnings  on moneys held in the Water
Revolving Fund, including any reserve fund or  pledged  fund,
shall be deposited into the Water Revolving Fund.
(Source: P.A. 89-27, eff. 1-1-96; 90-121, eff. 7-17-97.)

    (415 ILCS 5/19.4) (from Ch. 111 1/2, par. 1019.4)
    Sec.  19.4.  (a)  The  Agency shall have the authority to
promulgate regulations to set forth procedures  and  criteria
concerning loan applications.  For units of local government,
the  regulations  shall  include, but need not be limited to,
the following elements:,
         (1)  loan application requirements;
         (2)  determination of credit worthiness of the  loan
    applicant;
         (3)  special  loan terms, as necessary, for securing
    the repayment of the loan;
         (4)  assurance of payment;,
         (5)  interest rates;,
         (6)  loan support rates;,
         (7)  impact on user charges;,
         (8)  eligibility of proposed construction;,
         (9)  priority of needs;,
         (10)  special   loan   terms    for    disadvantaged
    communities;, and
         (11)  maximum  limits  on  annual  distributions  of
    funds to applicants or groups of applicants;.
         (12)  penalties    for   noncompliance   with   loan
    requirements and conditions, including stop-work  orders,
    termination, and recovery of loan funds; and
         (13)  indemnification  of  the State of Illinois and
    the Agency by the loan recipient.
    (b)  The Agency shall have the  authority  to  promulgate
regulations  to  set forth procedures and criteria concerning
loan applications for loan recipients  other  than  units  of
local  government.   In  addition  to  all  of  the  elements
required  for units of local government under subsection (a),
the regulations shall include, but need not  be  limited  to,
the following elements:
         (1)  types of security required for the loan;
         (2)  types  of collateral, as necessary, that can be
    pledged for the loan; and
         (3)  staged access to fund privately owned community
    water supplies.
    (c)  The Agency shall develop  and  maintain  a  priority
list  of loan applicants as categorized by need.  Priority in
making loans from the Water Pollution  Control  Loan  Program
must  first  be given to local government units which need to
make capital improvements to achieve compliance with National
Pollutant Discharge Elimination  System  permit  requirements
pursuant  to  the  federal Water Quality Act of 1987 and this
Act. Priority in making loans from the  Public  Water  Supply
Loan  Program  must  first be given to local government units
that need to  make  capital  improvements  to  protect  human
health  and  to achieve compliance with the State and federal
primary drinking water standards adopted pursuant to this Act
and the federal Safe Drinking Water Act, as now and hereafter
amended.
(Source: P.A. 89-27, eff. 1-1-96; 90-121, eff. 7-17-97.)

    (415 ILCS 5/19.5) (from Ch. 111 1/2, par. 1019.5)
    Sec. 19.5.  Loans; repayment.
    (a)  The Agency shall have the authority  to  make  loans

for  a  public  purpose  to  local  government  units for the
construction of treatment works  and  public  water  supplies
pursuant to the regulations promulgated under Section 19.4.
    (b)  Loans made from the Fund shall provide for:
         (1)  a schedule of disbursement of proceeds;
         (2)  a  fixed  rate  that includes interest and loan
    support based upon priority, but the  loan  support  rate
    shall  not  exceed one-half of the fixed rate established
    for each loan;
         (3)  a schedule of repayment;
         (4)  initiation of principal repayments  within  one
    year after the project is operational; and
         (5)  a confession of judgment upon default.
    (c)  The  Agency  may  amend  existing loans to include a
loan support rate only  if  the  overall  cost  to  the  loan
recipient is not increased.
    (d)  A  local government unit shall secure the payment of
its  obligations  to  the  Fund  by  a  dedicated  source  of
repayment, including revenues derived from the imposition  of
rates,  fees and charges.  Other loan applicants shall secure
the payment of their obligations by appropriate security  and
collateral  pursuant to regulations promulgated under Section
19.4.  In the event of a delinquency as to  payments  to  the
Fund,  the local government unit shall revise its rates, fees
and charges to meet its obligations.
(Source: P.A. 89-27, eff. 1-1-96; 90-121, eff. 7-17-97.)

    (415 ILCS 5/19.6) (from Ch. 111 1/2, par. 1019.6)
    Sec. 19.6.  Delinquent loan repayment.
    (a)  In the event that a timely payment is not made by  a
loan  recipient  local  government unit according to the loan
schedule of repayment, the loan  recipient  local  government
unit  shall notify the Agency in writing within 15 days after
the payment due  date.   The  notification  shall  include  a
statement of the reasons the payment was not timely tendered,
the  circumstances  under  which  the  late  payments will be
satisfied, and binding commitments to assure future payments.
After receipt of this notification, the Agency shall  confirm
in  writing  the  acceptability of the plan or take action in
accordance with subsection (b) of this Section.
    (b)  In the event that a loan recipient local  government
unit fails to comply with subsection (a) of this Section, the
Agency  shall  promptly  issue a notice of delinquency to the
loan recipient, local government unit which shall  require  a
written   response   within   15  30  days.   The  notice  of
delinquency shall  require  that  the  loan  recipient  local
government  unit  revise  its rates, fees and charges to meet
its obligations pursuant to subsection (d) of Section 19.5 or
take other specified actions as may be appropriate to  remedy
the delinquency and to assure future payments.
    (c)  In   the   event   that  the  loan  recipient  local
government unit fails to timely or adequately  respond  to  a
notice  of delinquency, or fails to meet its obligations made
pursuant to subsections (a) and  (b)  of  this  Section,  the
Agency  shall  pursue the collection of the amounts past due,
the outstanding loan balance and the costs thereby  incurred,
either  pursuant to the Illinois State Collection Act of 1986
or by any other reasonable means as may be provided  by  law,
including  the taking of title by foreclosure or otherwise to
any project or other property pledged, mortgaged, encumbered,
or otherwise available as security or collateral.
(Source: P.A. 90-121, eff. 7-17-97.)

    (415 ILCS 5/19.8) (from Ch. 111 1/2, par. 1019.8)
    Sec. 19.8.  Advisory committees; reports.
    (a)  The Director of the Agency shall appoint  committees
to  advise  the  Agency concerning the financial structure of
the   Programs.    The   committees    shall    consist    of
representatives   from   appropriate   State   agencies,  the
financial  community,   engineering   societies   and   other
interested  parties.   The committees shall meet periodically
and members  shall  be  reimbursed  for  their  ordinary  and
necessary  expenses  incurred  in  the  performance  of their
committee duties.
    (b)  The Agency shall report to the General  Assembly  by
June 30, 1998 regarding the feasibility of providing drinking
water  loans  to not-for-profit community water supplies that
serve  units of local government and to investor-owned public
utilities.  The report shall include a detailed discussion of
all relevant factors and  shall  include  participation  from
representatives of the affected entities.
(Source: P.A. 90-121, eff. 7-17-97.)

    (415 ILCS 5/22.2) (from Ch. 111 1/2, par. 1022.2)
    Sec. 22.2.  Hazardous waste; fees; liability.
    (a)  There are hereby created within the State Treasury 2
special  funds  to  be  known  respectively as the "Hazardous
Waste  Fund"  and  the  "Hazardous  Waste   Research   Fund",
constituted from the fees collected pursuant to this Section.
In  addition  to  the  fees collected under this Section, the
Hazardous  Waste  Fund  shall  include  other   moneys   made
available from any source for deposit into the Fund.
    (b) (1)  On  and  after January 1, 1989, the Agency shall
    collect from  the  owner  or  operator  of  each  of  the
    following sites a fee in the amount of:
              (A)  6  cents  per  gallon  or $12.12 per cubic
         yard of hazardous waste disposed for 1989, 7.5 cents
         per gallon or $15.15 per cubic yard for 1990  and  9
         cents   per   gallon   or   $18.18  per  cubic  yard
         thereafter, if the hazardous waste disposal site  is
         located  off the site where such waste was produced.
         The maximum amount payable  under  this  subdivision
         (A) with respect to the hazardous waste generated by
         a  single  generator  and  deposited in monofills is
         $20,000 for 1989, $25,000 for 1990, and $30,000  per
         year  thereafter.   If,  as  a  result of the use of
         multiple monofills, waste  fees  in  excess  of  the
         maximum  are assessed with respect to a single waste
         generator, the generator may apply to the Agency for
         a credit.
              (B)  6 cents per gallon  or  $12.12  per  cubic
         yard of hazardous waste disposed for 1989, 7.5 cents
         per  gallon  or $15.15 per cubic yard for 1990 and 9
         cents or $18.18 per cubic yard  thereafter,  if  the
         hazardous waste disposal site is located on the site
         where  such waste was produced, provided however the
         maximum amount of fees payable under this  paragraph
         (B)  is  $20,000  for  1989,  $25,000  for  1990 and
         $30,000 per year thereafter for each such  hazardous
         waste disposal site.
              (C)  If the hazardous waste disposal site is an
         underground  injection  well, $6,000 per year if not
         more than 10,000,000 gallons per year are  injected,
         $15,000 per year if more than 10,000,000 gallons but
         not  more  than  50,000,000  gallons  per  year  are
         injected,   and   $27,000  per  year  if  more  than
         50,000,000 gallons per year are injected.
              (D)  2 cents per gallon or $4.04 per cubic yard
         for 1989, 2.5 cents per gallon or  $5.05  per  cubic
         yard  for  1990, and 3 cents per gallon or $6.06 per
         cubic yard thereafter of  hazardous  waste  received
         for  treatment  at a hazardous waste treatment site,
         if the hazardous waste treatment site is located off
         the site where such waste was produced and  if  such
         hazardous  waste treatment site is owned, controlled
         and operated by a person other than the generator of
         such waste. After treatment at such hazardous  waste
         treatment  site,  the  waste shall not be subject to
         any other fee imposed by this subsection  (b).   For
         purposes   of   this   subsection   (b),   the  term
         "treatment" is defined as in Section 3.49 but  shall
         not include recycling, reclamation or reuse.
         (2)  The General Assembly shall annually appropriate
    to the Fund such amounts as it deems necessary to fulfill
    the purposes of this Act.
         (3)  The  Agency shall have the authority to accept,
    receive, and administer on behalf of the State any moneys
    made available to the  State  from  any  source  for  the
    purposes  of  the  Hazardous  Waste  Fund  set  forth  in
    subsection (d) of this Section.  Whenever the unobligated
    balance  of the Hazardous Waste Fund exceeds $10,000,000,
    the Agency shall  suspend  the  collection  of  the  fees
    provided  for  in  this  Section  until  the  unobligated
    balance of the Fund falls below $8,000,000.
         (4)  Of the amount collected as fees provided for in
    this  Section,  the  Agency  shall manage the use of such
    funds to assure that sufficient funds are  available  for
    match towards federal expenditures for response action at
    sites  which  are listed on the National Priorities List;
    provided,  however,  that  this  shall   not   apply   to
    additional monies appropriated to the Fund by the General
    Assembly,  nor  shall  it  apply  in  the  event that the
    Director finds that revenues in the Hazardous Waste  Fund
    must  be  used  to address conditions which create or may
    create an immediate danger to the environment  or  public
    health  or  to  the welfare of the people of the State of
    Illinois.
         (5)  Notwithstanding the other  provisions  of  this
    subsection (b), sludge from a publicly-owned sewage works
    generated  in  Illinois,  coal  mining  wastes and refuse
    generated in Illinois, bottom boiler ash, flyash and flue
    gas desulphurization sludge from public utility  electric
    generating  facilities  located  in  Illinois, and bottom
    boiler ash and flyash from all incinerators which process
    solely municipal waste shall not be subject to the fee.
         (6)  For  the  purposes  of  this  subsection   (b),
    "monofill"  means  a  facility,  or a unit at a facility,
    that accepts only wastes bearing the same USEPA hazardous
    waste identification  number,  or  compatible  wastes  as
    determined by the Agency.
    (c)  The  Agency  shall  establish  procedures, not later
than January 1, 1984, relating to the collection of the  fees
authorized  by  this  Section. Such procedures shall include,
but not be limited to: (1) necessary records identifying  the
quantities  of  hazardous waste received or disposed; (2) the
form and submission of reports to accompany  the  payment  of
fees to the Agency; and (3) the time and manner of payment of
fees  to  the  Agency, which payments shall be not more often
than quarterly.
    (d)  Beginning July 1, 1996, the Agency shall deposit all
such receipts in the State Treasury  to  the  credit  of  the
Hazardous Waste Fund, except as provided in subsection (e) of
this Section. All monies in the Hazardous Waste Fund shall be
used by the Agency for the following purposes:
         (1)  Taking whatever preventive or corrective action
    is  necessary  or appropriate, in circumstances certified
    by the Director, including but not limited to removal  or
    remedial   action   whenever   there   is  a  release  or
    substantial threat of a release of a hazardous  substance
    or  pesticide;  provided, the Agency shall expend no more
    than  $1,000,000   on   any   single   incident   without
    appropriation by the General Assembly.
         (2)  To  meet  any requirements which must be met by
    the State in order to obtain federal  funds  pursuant  to
    the  Comprehensive  Environmental  Response, Compensation
    and Liability Act of 1980, (P.L. 96-510).
         (3)  In an amount up to 30% of the amount  collected
    as  fees  provided  for  in  this Section, for use by the
    Agency  to  conduct  groundwater  protection  activities,
    including providing grants to appropriate units of  local
    government which are addressing protection of underground
    waters pursuant to the provisions of this Act.
         (4)  To  fund  the development and implementation of
    the model pesticide collection program under Section 19.1
    of the Illinois Pesticide Act.
         (5)  To the  extent  the  Agency  has  received  and
    deposited  monies  in  the Fund other than fees collected
    under subsection (b) of this Section, to pay for the cost
    of Agency employees for services  provided  in  reviewing
    the  performance  of  response  actions pursuant to Title
    XVII of this Act.
         (6)  In an amount up to 15% of  the  fees  collected
    annually under subsection (b) of this Section, for use by
    the  Agency  for administration of the provisions of this
    Section.
    (e)  The  Agency  shall  deposit  10%  of  all   receipts
collected  under  subsection  (b) of this Section, but not to
exceed $200,000 per year, in the State Treasury to the credit
of the Hazardous Waste Research Fund established by this Act.
Pursuant to appropriation, all monies in such Fund  shall  be
used  by the Department of Natural Resources for the purposes
set forth in this subsection.
    The  Department  of  Natural  Resources  may  enter  into
contracts with business, industrial, university, governmental
or other qualified individuals or organizations to assist  in
the  research and development intended to recycle, reduce the
volume  of,  separate,  detoxify  or  reduce  the   hazardous
properties  of  hazardous  wastes in Illinois.  Monies in the
Fund may also be used by the Department of Natural  Resources
for technical studies, monitoring activities, and educational
and  research  activities which are related to the protection
of  underground  waters.   Monies  in  the  Hazardous   Waste
Research  Fund  may be used to administer the Illinois Health
and  Hazardous  Substances  Registry  Act.   Monies  in   the
Hazardous  Waste  Research  Fund  shall  not  be used for any
sanitary landfill or the acquisition or construction  of  any
facility.   This  does not preclude the purchase of equipment
for  the  purpose  of  public  demonstration  projects.   The
Department of Natural Resources shall  adopt  guidelines  for
cost  sharing,  selecting,  and  administering projects under
this subsection.
    (f)  Notwithstanding any other provision or rule of  law,
and  subject only to the defenses set forth in subsection (j)
of this Section, the following persons shall  be  liable  for
all costs of removal or remedial action incurred by the State
of  Illinois or any unit of local government as a result of a
release or substantial threat of a  release  of  a  hazardous
substance or pesticide:
         (1)  the  owner and operator of a facility or vessel
    from which there is a release or  substantial  threat  of
    release of a hazardous substance or pesticide;
         (2)  any   person  who  at  the  time  of  disposal,
    transport, storage or treatment of a hazardous  substance
    or  pesticide  owned  or  operated the facility or vessel
    used for such disposal, transport, treatment  or  storage
    from which there was a release or substantial threat of a
    release of any such hazardous substance or pesticide;
         (3)  any  person  who  by  contract,  agreement,  or
    otherwise  has  arranged with another party or entity for
    transport, storage, disposal or  treatment  of  hazardous
    substances  or  pesticides owned, controlled or possessed
    by such person at a facility owned or operated by another
    party or entity from which facility there is a release or
    substantial  threat  of  a  release  of  such   hazardous
    substances or pesticides; and
         (4)  any   person   who   accepts  or  accepted  any
    hazardous  substances  or  pesticides  for  transport  to
    disposal, storage or treatment facilities or  sites  from
    which  there  is  a  release or a substantial threat of a
    release of a hazardous substance or pesticide.
    Any monies received by the State of Illinois pursuant  to
this  subsection (f) shall be deposited in the State Treasury
to the credit of the Hazardous Waste Fund.
    In accordance with the other provisions of this  Section,
costs  of  removal  or  remedial action incurred by a unit of
local government may be recovered in  an  action  before  the
Board   brought   by  the  unit  of  local  government  under
subsection (i) of this  Section.   Any  monies  so  recovered
shall be paid to the unit of local government.
    (g)(1)  No  indemnification,  hold  harmless,  or similar
    agreement or conveyance shall be  effective  to  transfer
    from  the  owner or operator of any vessel or facility or
    from any person who  may  be  liable  for  a  release  or
    substantial  threat  of  a release under this Section, to
    any  other  person  the  liability  imposed  under   this
    Section.  Nothing in this Section shall bar any agreement
    to  insure,  hold  harmless  or indemnify a party to such
    agreements for any liability under this Section.
         (2)  Nothing  in   this   Section,   including   the
    provisions of paragraph (g)(1) of this Section, shall bar
    a  cause of action that an owner or operator or any other
    person subject to liability  under  this  Section,  or  a
    guarantor, has or would have, by reason of subrogation or
    otherwise against any person.
    (h)  For purposes of this Section:
         (1)  The term "facility" means:
              (A)  any   building,  structure,  installation,
         equipment,  pipe  or  pipeline  including  but   not
         limited  to  any pipe into a sewer or publicly owned
         treatment   works,   well,   pit,   pond,    lagoon,
         impoundment,  ditch,  landfill,  storage  container,
         motor vehicle, rolling stock, or aircraft; or
              (B)  any   site   or  area  where  a  hazardous
         substance has been deposited, stored,  disposed  of,
         placed, or otherwise come to be located.
         (2)  The term "owner or operator" means:
              (A)  any person owning or operating a vessel or
         facility;
              (B)  in  the case of an abandoned facility, any
         person owning or operating the abandoned facility or
         any  person  who  owned,  operated,   or   otherwise
         controlled  activities  at  the  abandoned  facility
         immediately prior to such abandonment;
              (C)  in  the case of a land trust as defined in
         Section 2 of the Land Trustee as Creditor Act,   the
         person  owning  the  beneficial interest in the land
         trust;
              (D)  in the case of a fiduciary (other  than  a
         land  trustee),  the  estate, trust estate, or other
         interest in property held in a  fiduciary  capacity,
         and  not  the  fiduciary.   For the purposes of this
         Section,  "fiduciary"  means  a  trustee,  executor,
         administrator, guardian,  receiver,  conservator  or
         other  person  holding  a  facility  or  vessel in a
         fiduciary capacity;
              (E)  in the case of a "financial  institution",
         meaning  the  Illinois Housing Development Authority
         and that  term  as  defined  in  Section  2  of  the
         Illinois  Banking  Act, that has acquired ownership,
         operation, management, or control  of  a  vessel  or
         facility through foreclosure or under the terms of a
         security  interest held by the financial institution
         or under the terms of an extension of credit made by
         the financial institution, the financial institution
         only if the financial institution  takes  possession
         of   the   vessel  or  facility  and  the  financial
         institution exercises actual, direct, and  continual
         or  recurrent managerial control in the operation of
         the vessel or facility  that  causes  a  release  or
         substantial  threat  of  a  release  of  a hazardous
         substance  or  pesticide  resulting  in  removal  or
         remedial action;
              (F)  In the case of  an  owner  of  residential
         property,  the  owner if the owner is a person other
         than an individual, or if the owner is an individual
         who owns more than 10 dwelling units in Illinois, or
         if  the  owner,   or   an   agent,   representative,
         contractor,  or  employee  of the owner, has caused,
         contributed to, or allowed the release or threatened
         release of a hazardous substance or  pesticide.  The
         term  "residential  property"  means  single  family
         residences  of  one  to  4 dwelling units, including
         accessory   land,   buildings,    or    improvements
         incidental  to  those dwellings that are exclusively
         used for the residential use. For purposes  of  this
         subparagraph  (F),  the  term  "individual"  means a
         natural person, and shall not include  corporations,
         partnerships, trusts, or other non-natural persons.
              (G)  In  the  case  of  any  facility, title or
         control of which was  conveyed  due  to  bankruptcy,
         foreclosure,   tax   delinquency,   abandonment,  or
         similar  means  to  a  unit  of   State   or   local
         government,  any  person  who  owned,  operated,  or
         otherwise  controlled  activities  at  the  facility
         immediately beforehand.
              (H)  The  term  "owner  or  operator"  does not
         include a unit of State or  local  government  which
         acquired  ownership  or  control through bankruptcy,
         tax delinquency, abandonment, or other circumstances
         in which the government acquires title by virtue  of
         its  function  as sovereign.  The exclusion provided
         under this paragraph shall not apply to any State or
         local government which has caused or contributed  to
         the  release  or  threatened  release of a hazardous
         substance from the facility, and  such  a  State  or
         local  government shall be subject to the provisions
         of this Act in the  same  manner  and  to  the  same
         extent,  both procedurally and substantively, as any
         nongovernmental entity,  including  liability  under
         Section 22.2(f).
    (i)  The  costs  and damages provided for in this Section
may be imposed by the Board in an action brought  before  the
Board  in accordance with Title VIII of this Act, except that
Section 33(c) of this Act shall not apply to any such action.
    (j) (1)  There shall be no liability under  this  Section
for  a  person  otherwise  liable  who  can  establish  by  a
preponderance of the evidence that the release or substantial
threat  of  release  of a hazardous substance and the damages
resulting therefrom were caused solely by:
         (A)  an act of God;
         (B)  an act of war;
         (C)  an act or omission of a third party other  than
    an  employee or agent of the defendant, or other than one
    whose  act  or  omission  occurs  in  connection  with  a
    contractual   relationship,    existing    directly    or
    indirectly,  with  the  defendant  (except where the sole
    contractual arrangement arises from  a  published  tariff
    and acceptance for carriage by a common carrier by rail),
    if  the  defendant  establishes by a preponderance of the
    evidence that (i) he exercised due care with  respect  to
    the    hazardous   substance   concerned,   taking   into
    consideration  the  characteristics  of  such   hazardous
    substance,   in   light   of   all   relevant  facts  and
    circumstances,  and  (ii)  he  took  precautions  against
    foreseeable acts or omissions of any such third party and
    the consequences that could foreseeably result from  such
    acts or omissions; or
         (D)  any combination of the foregoing paragraphs.
    (2)  There  shall  be no liability under this Section for
any release permitted by State or federal law.
    (3)  There shall be no liability under this  Section  for
damages as a result of actions taken or omitted in the course
of  rendering  care, assistance, or advice in accordance with
this Section or the National Contingency Plan pursuant to the
Comprehensive  Environmental   Response,   Compensation   and
Liability Act of 1980 (P.L. 96-510) or at the direction of an
on-scene  coordinator appointed under such plan, with respect
to an incident creating a danger to public health or  welfare
or  the environment as a result of any release of a hazardous
substance or a substantial threat thereof.   This  subsection
shall  not  preclude  liability  for damages as the result of
gross negligence or intentional misconduct  on  the  part  of
such  person.   For  the  purposes of the preceding sentence,
reckless, willful,  or  wanton  misconduct  shall  constitute
gross negligence.
    (4)  There  shall  be no liability under this Section for
any person (including,  but  not  limited  to,  an  owner  of
residential   property   who   applies  a  pesticide  to  the
residential property  or  who  has  another  person  apply  a
pesticide  to the residential property) for response costs or
damages as the result of the storage, handling  and  use,  or
recommendation  for storage, handling and use, of a pesticide
consistent with:
         (A)  its directions for storage, handling and use as
    stated in its label or labeling;
         (B)  its warnings and  cautions  as  stated  in  its
    label or labeling; and
         (C)  the  uses  for which it is registered under the
    Federal Insecticide, Fungicide and  Rodenticide  Act  and
    the Illinois Pesticide Act.
    (4.5)  There  shall  be  no  liability  under subdivision
(f)(1) of this Section for response costs or damages  as  the
result  of  a  release  of  a  pesticide from an agrichemical
facility site if the Agency  has  received  notice  from  the
Department  of  Agriculture  pursuant  to Section 19.3 of the
Illinois  Pesticide  Act,  the  owner  or  operator  of   the
agrichemical  facility is proceeding with a corrective action
plan under the Agrichemical Facility Response Action  Program
implemented under that Section, and the Agency has provided a
written endorsement of a corrective action plan.
    (4.6)  There  shall  be  no  liability  under subdivision
(f)(1) of this Section for response costs or damages  as  the
result  of  a  substantial threat of a release of a pesticide
from an agrichemical facility site if the Agency has received
notice from the Department of Agriculture pursuant to Section
19.3 of the Illinois Pesticide Act and the owner or  operator
of  the agrichemical facility is proceeding with a corrective
action plan under the Agrichemical Facility  Response  Action
Program implemented under that Section.
    (5)  Nothing  in  this  subsection  (j)  shall  affect or
modify in any way the obligations or liability of any  person
under  any  other  provision  of this Act or State or federal
law, including common  law,  for  damages,  injury,  or  loss
resulting  from  a release or substantial threat of a release
of any hazardous substance or for removal or remedial  action
or  the costs of removal or remedial action of such hazardous
substance.
    (6)(A)  The  term  "contractual  relationship",  for  the
purpose of this subsection includes, but is not  limited  to,
land contracts, deeds or other instruments transferring title
or possession, unless the real property on which the facility
concerned  is located was acquired by the defendant after the
disposal or placement of the hazardous substance on,  in,  or
at  the  facility,  and  one  or  more  of  the circumstances
described in clause (i), (ii), or (iii) of this paragraph  is
also  established  by the defendant by a preponderance of the
evidence:
         (i)  At the time the defendant acquired the facility
    the defendant did not know and had no reason to know that
    any hazardous substance  which  is  the  subject  of  the
    release  or  threatened release was disposed of on, in or
    at the facility.
         (ii)  The defendant is  a  government  entity  which
    acquired  the  facility  by escheat, or through any other
    involuntary  transfer  or  acquisition,  or  through  the
    exercise of  eminent  domain  authority  by  purchase  or
    condemnation.
         (iii)  The   defendant   acquired  the  facility  by
    inheritance or bequest.
    In addition to establishing the foregoing, the  defendant
must  establish  that  he  has  satisfied the requirements of
subparagraph (C) of paragraph (l) of this subsection (j).
    (B)  To establish the defendant had no reason to know, as
provided in clause (i) of subparagraph (A) of this paragraph,
the  defendant  must  have  undertaken,  at   the   time   of
acquisition,   all  appropriate  inquiry  into  the  previous
ownership and uses  of  the  property  consistent  with  good
commercial  or  customary  practice  in an effort to minimize
liability.  For purposes of the preceding sentence, the court
shall  take  into  account  any  specialized   knowledge   or
experience  on the part of the defendant, the relationship of
the  purchase  price  to  the  value  of  the   property   if
uncontaminated,  commonly  known  or reasonably ascertainable
information  about  the  property,  the  obviousness  of  the
presence or likely presence of contamination at the property,
and the ability to detect such contamination  by  appropriate
inspection.
    (C)  Nothing in this paragraph (6) or in subparagraph (C)
of  paragraph  (1)  of  this  subsection  shall  diminish the
liability of any previous owner or operator of such  facility
who would otherwise be liable under this Act. Notwithstanding
this   paragraph   (6),  if  the  defendant  obtained  actual
knowledge of the release or threatened release of a hazardous
substance at such facility when the defendant owned the  real
property  and  then subsequently transferred ownership of the
property to another person without disclosing such knowledge,
such defendant shall be treated as  liable  under  subsection
(f)  of this Section and no defense under subparagraph (C) of
paragraph (1) of this subsection shall be available  to  such
defendant.
    (D)  Nothing  in  this  paragraph  (6)  shall  affect the
liability under this Act of a defendant who, by  any  act  or
omission,  caused or contributed to the release or threatened
release of a hazardous substance which is the subject of  the
action relating to the facility.
    (E) (i)  Except  as  provided  in  clause  (ii)  of  this
subparagraph  (E), a defendant who has acquired real property
shall have established a rebuttable presumption  against  all
State claims and a conclusive presumption against all private
party  claims  that  the  defendant  has made all appropriate
inquiry within the meaning  of  subdivision  (6)(B)  of  this
subsection (j) if the defendant proves that immediately prior
to or at the time of the acquisition:
         (I)  the  defendant obtained a Phase I Environmental
    Audit of the real property  that  meets  or  exceeds  the
    requirements  of  this  subparagraph (E), and the Phase I
    Environmental Audit did  not  disclose  the  presence  or
    likely presence of a release or a substantial threat of a
    release of a hazardous substance or pesticide at, on, to,
    or from the real property; or
         (II)  the    defendant    obtained    a   Phase   II
    Environmental Audit of the real property  that  meets  or
    exceeds  the  requirements  of this subparagraph (E), and
    the Phase II Environmental Audit  did  not  disclose  the
    presence or likely presence of a release or a substantial
    threat of a release of a hazardous substance or pesticide
    at, on, to, or from the real property.
    (ii)  No presumption shall be created under clause (i) of
this  subparagraph  (E),  and  a defendant shall be precluded
from  demonstrating  that  the   defendant   has   made   all
appropriate  inquiry within the meaning of subdivision (6)(B)
of this subsection (j), if:
         (I)  the defendant fails to obtain all Environmental
    Audits required under this subparagraph (E) or  any  such
    Environmental   Audit   fails   to  meet  or  exceed  the
    requirements of this subparagraph (E);
         (II)  a Phase I Environmental  Audit  discloses  the
    presence or likely presence of a release or a substantial
    threat of a release of a hazardous substance or pesticide
    at,  on,  to,  or  from  real property, and the defendant
    fails to obtain a Phase II Environmental Audit;
         (III)  a Phase II Environmental Audit discloses  the
    presence or likely presence of a release or a substantial
    threat of a release of a hazardous substance or pesticide
    at, on, to, or from the real property;
         (IV)  the  defendant  fails  to  maintain  a written
    compilation  and  explanatory  summary  report   of   the
    information  reviewed in the course of each Environmental
    Audit under this subparagraph (E); or
         (V)  there  is  any  evidence  of  fraud,   material
    concealment,   or   material   misrepresentation  by  the
    defendant  of  environmental  conditions  or  of  related
    information  discovered   during   the   course   of   an
    Environmental Audit.
    (iii)  For  purposes  of  this subparagraph (E), the term
"environmental professional" means an individual (other  than
a   practicing  attorney)  who,  through  academic  training,
occupational experience, and reputation (such  as  engineers,
industrial hygienists, or geologists) can objectively conduct
one or more aspects of an Environmental Audit and who either:
         (I)  maintains  at  the  time  of  the Environmental
    Audit and for at  least  one  year  thereafter  at  least
    $500,000   of   environmental  consultants'  professional
    liability  insurance  coverage  issued  by  an  insurance
    company licensed to do business in Illinois; or
         (II)  is an Illinois licensed professional  engineer
    or an Illinois licensed industrial hygienist.
    An  environmental professional may employ persons who are
not environmental professionals to assist in the  preparation
of  an  Environmental  Audit  if  such  persons are under the
direct  supervision  and   control   of   the   environmental
professional.
    (iv)  For  purposes  of  this  subparagraph (E), the term
"real property" means any interest in any parcel of land, and
shall not be limited to the  definition  of  the  term  "real
property"  contained in the Responsible Property Transfer Act
of 1988.  For purposes of this  subparagraph  (E),  the  term
"real  property"  includes, but is not limited to, buildings,
fixtures, and improvements.
    (v)  For purposes of  this  subparagraph  (E),  the  term
"Phase  I Environmental Audit" means an investigation of real
property,  conducted  by  environmental   professionals,   to
discover  the  presence  or likely presence of a release or a
substantial threat of a release of a hazardous  substance  or
pesticide  at,  on,  to, or from real property, and whether a
release or a substantial threat of a release of  a  hazardous
substance  or pesticide has occurred or may occur at, on, to,
or from the real property.  The investigation shall include a
review  of  at  least  each  of  the  following  sources   of
information concerning the current and previous ownership and
use of the real property:
         (I)  Recorded chain of title documents regarding the
    real  property,  including  all deeds, easements, leases,
    restrictions, and covenants for a period of 50 years.
         (II)  Aerial photographs that may reflect prior uses
    of the real property and that are  reasonably  obtainable
    through  State,  federal, or local government agencies or
    bodies.
         (III)  Recorded environmental cleanup liens, if any,
    against the real property that have  arisen  pursuant  to
    this Act or federal statutes.
         (IV)  Reasonably   obtainable  State,  federal,  and
    local government records of sites or facilities  at,  on,
    or  near  the  real  property to discover the presence or
    likely presence of a hazardous  substance  or  pesticide,
    and  whether  a  release  or  a  substantial  threat of a
    release  of  a  hazardous  substance  or  pesticide   has
    occurred  or  may  occur  at,  on,  to,  or from the real
    property.  Such government records shall include, but not
    be limited to:  reasonably obtainable State, federal, and
    local government investigation reports for those sites or
    facilities; reasonably  obtainable  State,  federal,  and
    local government records of activities likely to cause or
    contribute  to  a  release  or  a threatened release of a
    hazardous substance or pesticide at, on, to, or from  the
    real  property,  including  landfill and other treatment,
    storage,  and  disposal  location  records,   underground
    storage  tank  records,  hazardous  waste transporter and
    generator records, and spill reporting records; and other
    reasonably   obtainable   State,   federal,   and   local
    government environmental records that report incidents or
    activities that are likely to cause or  contribute  to  a
    release  or a threatened release of a hazardous substance
    or pesticide at, on, to, or from the real  property.   In
    order  to  be  deemed "reasonably obtainable" as required
    herein, a copy or reasonable facsimile of the record must
    be obtainable from the government agency by  request  and
    upon  payment of a processing fee, if any, established by
    the government  agency.   The  Agency  is  authorized  to
    establish   a  reasonable  fee  for  processing  requests
    received under this subparagraph (E)  for  records.   All
    fees  collected  by  the Agency under this clause (v)(IV)
    shall be  deposited  into  the  Environmental  Protection
    Permit  and  Inspection  Fund  in accordance with Section
    22.8.  Notwithstanding any other law, if the fee is paid,
    commencing on the effective date of this  amendatory  Act
    of  1993  and  until one year after the effective date of
    this amendatory Act of 1993, the  Agency  shall  use  its
    best  efforts  to  process  a request received under this
    subparagraph   (E)   as   expeditiously   as    possible.
    Notwithstanding  any other law, commencing one year after
    the effective date of this amendatory Act of 1993, if the
    fee is paid, the Agency shall process a request  received
    under this subparagraph (E) for records within 30 days of
    the receipt of such request.
         (V)  A  visual  site inspection of the real property
    and all facilities and improvements on the real  property
    and   a   visual  inspection  of  properties  immediately
    adjacent to the real property, including an investigation
    of any use,  storage,  treatment,  spills  from  use,  or
    disposal of hazardous substances, hazardous wastes, solid
    wastes,  or  pesticides.   If  the  person conducting the
    investigation is denied access to any  property  adjacent
    to  the  real property, the person shall conduct a visual
    inspection of that adjacent property from the property to
    which  the  person  does  have  access  and  from  public
    rights-of-way.
         (VI)  A review of business records for activities at
    or on the real property for a period of 50 years.
    (vi)  For purposes of subparagraph (E), the  term  "Phase
II  Environmental  Audit"  means  an  investigation  of  real
property,    conducted    by   environmental   professionals,
subsequent to a Phase I Environmental Audit.  If the Phase  I
Environmental Audit discloses the presence or likely presence
of  a  hazardous  substance  or a pesticide or a release or a
substantial threat of a release of a hazardous  substance  or
pesticide:
         (I)  In  or  to  soil, the defendant, as part of the
    Phase II Environmental Audit, shall perform a  series  of
    soil  borings  sufficient to determine whether there is a
    presence or likely presence of a hazardous  substance  or
    pesticide and whether there is or has been a release or a
    substantial  threat of a release of a hazardous substance
    or pesticide at, on, to, or from the real property.
         (II)  In or to groundwater, the defendant,  as  part
    of  the  Phase  II  Environmental  Audit,  shall:  review
    information   regarding   local   geology,   water   well
    locations, and locations of waters of the State as may be
    obtained   from  State,  federal,  and  local  government
    records, including but not limited to the  United  States
    Geological  Service, the State Geological Survey Division
    of the Department of Natural  Resources,  and  the  State
    Water  Survey  Division  of  the  Department  of  Natural
    Resources;  and perform groundwater monitoring sufficient
    to determine  whether  there  is  a  presence  or  likely
    presence  of  a  hazardous  substance  or  pesticide, and
    whether there is or has been a release or  a  substantial
    threat of a release of a hazardous substance or pesticide
    at, on, to, or from the real property.
         (III)  On   or   to   media   other   than  soil  or
    groundwater, the defendant,  as  part  of  the  Phase  II
    Environmental   Audit,  shall  perform  an  investigation
    sufficient to determine whether there is  a  presence  or
    likely  presence  of  a hazardous substance or pesticide,
    and  whether  there  is  or  has  been  a  release  or  a
    substantial threat of a release of a hazardous  substance
    or pesticide at, on, to, or from the real property.
    (vii)  The  findings of each Environmental Audit prepared
under this subparagraph (E) shall be set forth in  a  written
audit report.  Each audit report shall contain an affirmation
by  the  defendant and by each environmental professional who
prepared the Environmental Audit that the facts stated in the
report are true and are made under a penalty  of  perjury  as
defined  in Section 32-2 of the Criminal Code of 1961.  It is
perjury for any person to sign an audit report that  contains
a  false  material statement that the person does not believe
to be true.
    (viii)  The Agency is not required to review, approve, or
certify  the  results  of  any  Environmental   Audit.    The
performance of an Environmental Audit shall in no way entitle
a   defendant   to   a  presumption  of  Agency  approval  or
certification of the results of the Environmental Audit.
    The presence or absence of a disclosure document prepared
under the Responsible Property Transfer Act of 1988 shall not
be a defense  under  this  Act  and  shall  not  satisfy  the
requirements of subdivision (6)(A) of this subsection (j).
    (7)  No  person  shall  be  liable under this Section for
response costs or  damages  as  the  result  of  a  pesticide
release  if  the  Agency  has  found that a pesticide release
occurred based on  a  Health  Advisory  issued  by  the  U.S.
Environmental  Protection Agency or an action level developed
by the Agency, unless the Agency notified the manufacturer of
the pesticide and provided an opportunity of not less than 30
days for the manufacturer to comment  on  the  technical  and
scientific  justification  supporting  the Health Advisory or
action level.
    (8)  No person shall be liable  under  this  Section  for
response  costs  or  damages  as  the  result  of a pesticide
release that  occurs  in  the  course  of  a  farm  pesticide
collection   program  operated  under  Section  19.1  of  the
Illinois Pesticide Act, unless the release results from gross
negligence or intentional misconduct.
    (k)  If any  person  who  is  liable  for  a  release  or
substantial  threat  of  release  of a hazardous substance or
pesticide fails without sufficient cause to  provide  removal
or  remedial  action  upon or in accordance with a notice and
request by the Agency or upon or in accordance with any order
of the Board or any court, such person may be liable  to  the
State  for  punitive  damages in an amount at least equal to,
and not more than 3 times, the amount of any  costs  incurred
by  the State of Illinois as a result of such failure to take
such  removal  or  remedial  action.   The  punitive  damages
imposed by the Board  shall  be  in  addition  to  any  costs
recovered  from  such  person pursuant to this Section and in
addition to any other penalty or relief provided by this  Act
or any other law.
    Any  monies  received  by  the  State  pursuant  to  this
subsection  (k)  shall  be  deposited  in the Hazardous Waste
Fund.
    (l)  Beginning January 1, 1988, the Agency shall annually
collect a $250 fee for  each  Special  Waste  Hauling  Permit
Application  and, in addition, shall collect a fee of $20 for
each waste hauling vehicle identified in  the  annual  permit
application and for each vehicle which is added to the permit
during  the  annual  period.  The Agency shall deposit 85% of
such fees  collected  under  this  subsection  in  the  State
Treasury  to the credit of the Hazardous Waste Research Fund;
and shall deposit the remaining 15% of such fees collected in
the  State  Treasury  to  the  credit  of  the  Environmental
Protection Permit and Inspection Fund.  The majority of  such
receipts  which are deposited in the Hazardous Waste Research
Fund pursuant  to  this  subsection  shall  be  used  by  the
Department  of  Natural Resources for activities which relate
to the protection of underground waters. Persons  engaged  in
the  offsite transportation of hazardous waste by highway and
participating in the Uniform Program under  subsection  (l-5)
are  not  required  to  file  a  Special Waste Hauling Permit
Application.
    (l-5) (1)  As used in this subsection:
         "Base  state"  means  the  state   selected   by   a
    transporter according to the procedures established under
    the Uniform Program.
         "Base  state  agreement"  means an agreement between
    participating  states  electing  to  register  or  permit
    transporters.
         "Participating state"  means  a  state  electing  to
    participate  in  the  Uniform  Program by entering into a
    base state agreement.
         "Transporter" means a person engaged in the  offsite
    transportation of hazardous waste by highway.
         "Uniform application" means the uniform registration
    and  permit application form prescribed under the Uniform
    Program.
         "Uniform Program" means the Uniform State  Hazardous
    Materials  Transportation Registration and Permit Program
    established in the report submitted and amended  pursuant
    to  49  U.S.C.  Section  5119(b),  as  implemented by the
    Agency under this subsection.
         "Vehicle" means any  self-propelled  motor  vehicle,
    except  a  truck  tractor  without a trailer, designed or
    used for the transportation of hazardous waste subject to
    the hazardous waste manifesting requirements of 40 U.S.C.
    Section 6923(a)(3).
         (2)  Beginning  July  1,  1998,  the  Agency   shall
    implement   the   Uniform   State   Hazardous   Materials
    Transportation  Registration  and  Permit Program. On and
    after that date, no person shall engage  in  the  offsite
    transportation  of  hazardous  waste  by  highway without
    registering and obtaining  a  permit  under  the  Uniform
    Program.  A  transporter  with  its  principal  place  of
    business  in  Illinois  shall  register with and obtain a
    permit from the Agency.  A  transporter  that  designates
    another participating state in the Uniform Program as its
    base  state  shall  likewise  register  with and obtain a
    permit from  that  state  before  transporting  hazardous
    waste in Illinois.
         (3)  Beginning   July  1,  1998,  the  Agency  shall
    annually collect no more than a $250 processing and audit
    fee from each transporter  of  hazardous  waste  who  has
    filed  a uniform application and, in addition, the Agency
    shall   annually   collect   an    apportioned    vehicle
    registration  fee  of  $20. The amount of the apportioned
    vehicle registration fee shall be  calculated  consistent
    with   the   procedures  established  under  the  Uniform
    Program.
         All  moneys  received  by  the   Agency   from   the
    collection  of fees pursuant to the Uniform Program shall
    be deposited into the Hazardous Waste Transporter account
    hereby created within the Environmental Protection Permit
    and Inspection Fund.   Moneys remaining in the account at
    the close of the fiscal  year  shall  not  lapse  to  the
    General  Revenue  Fund.   The State Treasurer may receive
    money or other assets from any source  for  deposit  into
    the  account.   The  Agency  may  expend  moneys from the
    account, upon appropriation, for  the  implementation  of
    the Uniform Program, including the costs to the Agency of
    fee  collection  and  administration.  In addition, funds
    not  expended  for  the  implementation  of  the  Uniform
    Program  may  be  utilized  for  emergency  response  and
    cleanup   activities   related   to    hazardous    waste
    transportation that are initiated by the Agency.
         Whenever   the   amount   of   the  Hazardous  Waste
Transporter account  exceeds  by  115%  the  amount  annually
appropriated by the General Assembly, the Agency shall credit
participating  transporters  an amount, proportionately based
on the amount of the vehicle fee paid, equal to the excess in
the account, and shall  determine  the  need  to  reduce  the
amount  of  the  fee  charged  transporters in the subsequent
fiscal year by the amount of the credit.
         (4) (A)  The Agency may propose and the Board  shall
    adopt  rules  as  necessary  to implement and enforce the
    Uniform Program.  The Agency is authorized to enter  into
    agreements with other agencies of this State as necessary
    to  carry  out administrative functions or enforcement of
    the Uniform Program.
         (B)  The Agency shall recognize  a  Uniform  Program
    registration as valid for one year from the date a notice
    of  registration form is issued and a permit as valid for
    3 years from the date issued or until a transporter fails
    to renew its registration, whichever occurs first.
         (C)  The Agency may inspect  or  examine  any  motor
    vehicle  or facility operated by a transporter, including
    papers, books, records, documents, or other materials  to
    determine  if a transporter is complying with the Uniform
    Program.  The Agency may also conduct investigations  and
    audits  as  necessary  to  determine  if a transporter is
    entitled to a permit or to make suspension or  revocation
    determinations  consistent  with  the  standards  of  the
    Uniform Program.
         (5)  The  Agency  may  enter  into  agreements  with
    federal   agencies,   national   repositories,  or  other
    participating  states  as  necessary  to  allow  for  the
    reciprocal registration and  permitting  of  transporters
    pursuant  to  the  Uniform  Program.   The agreements may
    include procedures for  determining  a  base  state,  the
    collection and distribution of registration fees, dispute
    resolution, the exchange of information for reporting and
    enforcement  purposes,  and other provisions necessary to
    fully implement,  administer,  and  enforce  the  Uniform
    Program.
    (m)  (Blank).
    (n)  (Blank).
(Source:  P.A.  89-94,  eff.  7-6-95;  89-158,  eff.  1-1-96;
89-431,  eff.  12-15-95;  89-443,  eff.  7-1-96; 89-445, eff.
2-7-96; 89-626, eff. 8-9-96; 90-14, eff. 7-1-97; 90-219, eff.
7-25-97; 90-773, eff. 8-14-98.)

    (415 ILCS 5/58)
    Sec. 58. Intent.  It is the intent of this Title:
         (1)  To establish a risk-based system of remediation
    based on protection of human health and  the  environment
    relative to present and future uses of the site.
         (2)  To assure that the land use for which  remedial
    action  was  undertaken  will  not  be  modified  without
    consideration of the adequacy of such remedial action for
    the new land use.
         (3)  To  provide incentives to the private sector to
    undertake  remedial action.
         (4)  To establish expeditious alternatives  for  the
    review  of  site  investigation  and remedial activities,
    including a privatized review process.
         (5)  To assure that the resources of  the  Hazardous
    Waste  Fund  are  used  in a manner that is protective of
    human health and the environment relative to present  and
    future uses of the site and surrounding area.
         (6)  To   provide   assistance  to  units  of  local
    government for remediation of properties contaminated  or
    potentially  contaminated  by  commercial, industrial, or
    other uses, to provide loans  for  the  redevelopment  of
    brownfields,   and  to  establish  and  provide  for  the
    administration of the Brownfields Redevelopment Fund.
(Source: P.A. 89-431, eff.  12-15-95;  89-443,  eff.  7-1-96;
90-123, eff. 7-21-97.)

    (415 ILCS 5/58.3)
    Sec.  58.3.  Site  Investigation  and Remedial Activities
Program; Brownfields Redevelopment Fund.
    (a)  The General  Assembly  hereby  establishes  by  this
Title  a  Site Investigation and Remedial Activities  Program
for sites subject to  this  Title.   This  program  shall  be
administered  by the Illinois Environmental Protection Agency
under this Title XVII  and  rules  adopted  by  the  Illinois
Pollution Control Board.
    (b)  (1)  The  General Assembly hereby creates within the
    State  Treasury  a  special  fund  to  be  known  as  the
    Brownfields Redevelopment Fund, consisting of 2  programs
    to  be  known  as  the  "Brownfields  Redevelopment Grant
    Program"  and   the   "Brownfields   Redevelopment   Loan
    Program",  which  shall  be  used and administered by the
    Agency as provided in Sections Section 58.13 and 58.15 of
    this Act and the rules adopted under those Sections  that
    Section.   The  Brownfields  Redevelopment  Fund ("Fund")
    shall  contain  moneys  transferred  from  the   Response
    Contractors  Indemnification  Fund  and other moneys made
    available for deposit into the Fund.
         (2)  The State Treasurer, ex officio, shall  be  the
    custodian  of  the Fund, and the Comptroller shall direct
    payments from the Fund upon vouchers  properly  certified
    by  the  Agency.   The Treasurer shall credit to the Fund
    interest earned on moneys contained  in  the  Fund.   The
    Agency  shall  have the authority to accept, receive, and
    administer on behalf of  the  State  any  grants,  gifts,
    loans,  reimbursements or payments for services, or other
    moneys made available to the State from  any  source  for
    purposes  of  the  Fund.  Those moneys shall be deposited
    into  the  Fund,  unless  otherwise   required   by   the
    Environmental Protection Act or by federal law.
         (3)  Pursuant  to  appropriation,  all moneys in the
    Fund shall be used by the Agency  for  the  purposes  set
    forth  in subdivision (b)(4) of this Section and Sections
    Section 58.13 and 58.15 of this  Act  and  to  cover  the
    Agency's  costs of program development and administration
    under those Sections that Section.
         (4)  The Agency shall have the power to  enter  into
    intergovernmental  agreements with the federal government
    or  the  State,  or  any  instrumentality  thereof,   for
    purposes  of  capitalizing  the Brownfields Redevelopment
    Fund.  Moneys on deposit in the Brownfields Redevelopment
    Fund may be used for the creation  of  reserve  funds  or
    pledged funds that secure the obligations of repayment of
    loans  made  pursuant  to Section 58.15 of this Act.  For
    the purpose of obtaining capital  for  deposit  into  the
    Brownfields Redevelopment Fund, the Agency may also enter
    into  agreements  with  financial  institutions and other
    persons for the purpose of selling loans and developing a
    secondary market for such loans.  The Agency  shall  have
    the  power to create and establish such reserve funds and
    accounts as may be necessary or desirable  to  accomplish
    its  purposes  under  this subsection and to allocate its
    available  moneys   into   such   funds   and   accounts.
    Investment  earnings  on  moneys  held in the Brownfields
    Redevelopment Fund, including any reserve fund or pledged
    fund,   shall   be   deposited   into   the   Brownfields
    Redevelopment Fund.
(Source: P.A. 89-431, eff.  12-15-95;  89-443,  eff.  7-1-96;
90-123, eff. 7-21-97.)

    (415 ILCS 5/58.15 new)
    Sec. 58.15. Brownfields Redevelopment Loan Program.
    (a)  The   Agency   shall   establish  and  administer  a
revolving loan  program  to  be  known  as  the  "Brownfields
Redevelopment  Loan  Program"  for  the  purpose of providing
loans to be used for site investigation, site remediation, or
both, at brownfields sites.   All  principal,  interest,  and
penalty  payments from loans made under this Section shall be
deposited into the Brownfields Redevelopment Fund and  reused
in accordance with this Section.
    (b)  General requirements for loans:
         (1)  Loans  shall  be  at  or  below market interest
    rates  in  accordance  with  a  formula  set   forth   in
    regulations  promulgated  under  subsection  (c)  of this
    Section.
         (2)  Loans shall be awarded subject to  availability
    of  funding based on the order of receipt of applications
    satisfying  all  requirements  as  set   forth   in   the
    regulations  promulgated  under  subsection  (c)  of this
    Section.
         (3)  The maximum loan amount under this Section  for
    any one project is $1,000,000.
         (4)  In  addition  to any requirements or conditions
    placed on loans by regulation, loan agreements under  the
    Brownfields  Redevelopment Loan Program shall include the
    following requirements:
              (A)  the loan recipient shall secure  the  loan
         repayment obligation;
              (B)  completion of the loan repayment shall not
         exceed 5 years; and
              (C)  loan   agreements   shall  provide  for  a
         confession of judgment by the  loan  recipient  upon
         default.
         (5)  Loans  shall  not  be  used  to  cover expenses
    incurred prior to the approval of the loan application.
         (6)  If the loan  recipient  fails  to  make  timely
    payments  or  otherwise  fails to meet its obligations as
    provided in this Section or implementing regulations, the
    Agency is authorized to  pursue  the  collection  of  the
    amounts  past  due, the outstanding loan balance, and the
    costs thereby incurred, either pursuant to  the  Illinois
    State  Collection  Act  of  1986  or  by  any other means
    provided by  law,  including  the  taking  of  title,  by
    foreclosure   or  otherwise,  to  any  project  or  other
    property pledged,  mortgaged,  encumbered,  or  otherwise
    available as security or collateral.
    (c)  The  Agency  shall  have the authority to enter into
any contracts or agreements that may be  necessary  to  carry
out  its  duties or responsibilities under this Section.  The
Agency shall have the  authority  to  promulgate  regulations
setting  forth  procedures and criteria for administering the
Brownfields  Redevelopment  Loan  Program.   The  regulations
promulgated by the Agency for loans under this Section  shall
include, but need not be limited to, the following elements:
         (1)  loan application requirements;
         (2)  determination  of credit worthiness of the loan
    applicant;
         (3)  types of security required for the loan;
         (4)  types of collateral, as necessary, that can  be
    pledged for the loan;
         (5)  special  loan terms, as necessary, for securing
    the repayment of the loan;
         (6)  maximum loan amounts;
         (7)  purposes for which loans are available;
         (8)  application    periods    and    content     of
    applications;
         (9)  procedures    for   Agency   review   of   loan
    applications,  loan  approvals  or  denials,   and   loan
    acceptance by the loan recipient;
         (10)  procedures for establishing interest rates;
         (11)  requirements  applicable  to  disbursement  of
    loans to loan recipients;
         (12)  requirements   for   securing  loan  repayment
    obligations;
         (13)  conditions   or   circumstances   constituting
    default;
         (14)  procedures  for   repayment   of   loans   and
    delinquent  loans  including,  but  not  limited  to, the
    initiation of principal and interest  payments  following
    loan acceptance;
         (15)  loan   recipient   responsibilities  for  work
    schedules, work plans, reports, and record keeping;
         (16)  evaluation  of  loan  recipient   performance,
    including auditing and access to sites and records;
         (17)  requirements  applicable  to  contracting  and
    subcontracting   by   the   loan   recipient,   including
    procurement requirements;
         (18)  penalties    for   noncompliance   with   loan
    requirements and conditions, including stop-work  orders,
    termination, and recovery of loan funds; and
         (19)  indemnification  of  the State of Illinois and
    the Agency by the loan recipient.
    (d)  Moneys in the Brownfields Redevelopment Fund may  be
used as a source of revenue or security for the principal and
interest on revenue or general obligation bonds issued by the
State   or   any  political  subdivision  or  instrumentality
thereof, if the proceeds of those  bonds  will  be  deposited
into the Fund.

    Section  10.   Severability.   The provisions of this Act
are severable under Section 1.31 of the Statute on Statutes.

    Section 99.  Effective date.  This Act takes effect  upon
becoming law.

[ Top ]