Rep. John E. Bradley

Filed: 3/19/2013

 

 


 

 


 
09800HB1421ham001LRB098 08030 JDS 42332 a

1
AMENDMENT TO HOUSE BILL 1421

2    AMENDMENT NO. ______. Amend House Bill 1421 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Environmental Protection Act is amended by
5changing Sections 57.2, 57.7, and 57.8 and by adding Section
657.11A as follows:
 
7    (415 ILCS 5/57.2)
8    Sec. 57.2. Definitions. As used in this Title:
9    "Audit" means a systematic inspection or examination of
10plans, reports, records, or documents to determine the
11completeness and accuracy of the data and conclusions contained
12therein.
13    "Bodily injury" means bodily injury, sickness, or disease
14sustained by a person, including death at any time, resulting
15from a release of petroleum from an underground storage tank.
16    "Release" means any spilling, leaking, emitting,

 

 

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1discharging, escaping, leaching or disposing of petroleum from
2an underground storage tank into groundwater, surface water or
3subsurface soils.
4    "Fill material" means non-native or disturbed materials
5used to bed and backfill around an underground storage tank.
6    "Fund" means the Underground Storage Tank Fund.
7    "Heating Oil" means petroleum that is No. 1, No. 2, No. 4 -
8light, No. 4 - heavy, No. 5 - light, No. 5 - heavy or No. 6
9technical grades of fuel oil; and other residual fuel oils
10including Navy Special Fuel Oil and Bunker C.
11    "Indemnification" means indemnification of an owner or
12operator for the amount of any judgment entered against the
13owner or operator in a court of law, for the amount of any
14final order or determination made against the owner or operator
15by an agency of State government or any subdivision thereof, or
16for the amount of any settlement entered into by the owner or
17operator, if the judgment, order, determination, or settlement
18arises out of bodily injury or property damage suffered as a
19result of a release of petroleum from an underground storage
20tank owned or operated by the owner or operator.
21    "Corrective action" means activities associated with
22compliance with the provisions of Sections 57.6 and 57.7 of
23this Title.
24    "Occurrence" means an accident, including continuous or
25repeated exposure to conditions, that results in a sudden or
26nonsudden release from an underground storage tank.

 

 

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1    When used in connection with, or when otherwise relating
2to, underground storage tanks, the terms "facility", "owner",
3"operator", "underground storage tank", "(UST)", "petroleum"
4and "regulated substance" shall have the meanings ascribed to
5them in Subtitle I of the Hazardous and Solid Waste Amendments
6of 1984 (P.L. 98-616), of the Resource Conservation and
7Recovery Act of 1976 (P.L. 94-580); provided however that the
8term "underground storage tank" shall also mean an underground
9storage tank used exclusively to store heating oil for
10consumptive use on the premises where stored and which serves
11other than a farm or residential unit; provided further however
12that the term "owner" shall also mean any person who has
13submitted to the Agency a written election to proceed under
14this Title and has acquired an ownership interest in a site on
15which one or more registered tanks have been removed, but on
16which corrective action has not yet resulted in the issuance of
17a "no further remediation letter" by the Agency pursuant to
18this Title.
19    "Labor organization" means any organization that qualifies
20as a labor organization under Section 2 of the National Labor
21Relations Act (29 U.S.C. 152).
22    "Licensed Professional Engineer" means a person,
23corporation, or partnership licensed under the laws of the
24State of Illinois to practice professional engineering.
25    "Licensed Professional Geologist" means a person licensed
26under the laws of the State of Illinois to practice as a

 

 

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1professional geologist.
2    "Site" means any single location, place, tract of land or
3parcel of property including contiguous property not separated
4by a public right-of-way.
5    "Site investigation" means activities associated with
6compliance with the provisions of subsection (a) of Section
757.7.
8    "Property damage" means physical injury to, destruction
9of, or contamination of tangible property, including all
10resulting loss of use of that property; or loss of use of
11tangible property that is not physically injured, destroyed, or
12contaminated, but has been evacuated, withdrawn from use, or
13rendered inaccessible because of a release of petroleum from an
14underground storage tank.
15    "Class I Groundwater" means groundwater that meets the
16Class I: Potable Resource Groundwater criteria set forth in the
17Board regulations adopted pursuant to the Illinois Groundwater
18Protection Act.
19    "Class III Groundwater" means groundwater that meets the
20Class III: Special Resource Groundwater criteria set forth in
21the Board regulations adopted pursuant to the Illinois
22Groundwater Protection Act.
23(Source: P.A. 94-274, eff. 1-1-06.)
 
24    (415 ILCS 5/57.7)
25    Sec. 57.7. Leaking underground storage tanks; site

 

 

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1investigation and corrective action.
2    (a) Site investigation.
3        (1) For any site investigation activities required by
4    statute or rule, the owner or operator shall submit to the
5    Agency for approval a site investigation plan designed to
6    determine the nature, concentration, direction of
7    movement, rate of movement, and extent of the contamination
8    as well as the significant physical features of the site
9    and surrounding area that may affect contaminant transport
10    and risk to human health and safety and the environment.
11        (2) Any owner or operator intending to seek payment
12    from the Fund shall submit to the Agency for approval a
13    site investigation budget that includes, but is not limited
14    to, an accounting of all costs associated with the
15    implementation and completion of the site investigation
16    plan.
17        (3) Remediation objectives for the applicable
18    indicator contaminants shall be determined using the
19    tiered approach to corrective action objectives rules
20    adopted by the Board pursuant to this Title and Title XVII
21    of this Act. For the purposes of this Title, "Contaminant
22    of Concern" or "Regulated Substance of Concern" in the
23    rules means the applicable indicator contaminants set
24    forth in subsection (d) of this Section and the rules
25    adopted thereunder.
26        (4) Upon the Agency's approval of a site investigation

 

 

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1    plan, or as otherwise directed by the Agency, the owner or
2    operator shall conduct a site investigation in accordance
3    with the plan.
4        (5) Within 30 days after completing the site
5    investigation, the owner or operator shall submit to the
6    Agency for approval a site investigation completion
7    report. At a minimum the report shall include all of the
8    following:
9            (A) Executive summary.
10            (B) Site history.
11            (C) Site-specific sampling methods and results.
12            (D) Documentation of all field activities,
13        including quality assurance.
14            (E) Documentation regarding the development of
15        proposed remediation objectives.
16            (F) Interpretation of results.
17            (G) Conclusions.
18    (b) Corrective action.
19        (1) If the site investigation confirms none of the
20    applicable indicator contaminants exceed the proposed
21    remediation objectives, within 30 days after completing
22    the site investigation the owner or operator shall submit
23    to the Agency for approval a corrective action completion
24    report in accordance with this Section.
25        (2) If any of the applicable indicator contaminants
26    exceed the remediation objectives approved for the site,

 

 

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1    within 30 days after the Agency approves the site
2    investigation completion report the owner or operator
3    shall submit to the Agency for approval a corrective action
4    plan designed to mitigate any threat to human health, human
5    safety, or the environment resulting from the underground
6    storage tank release. The plan shall describe the selected
7    remedy and evaluate its ability and effectiveness to
8    achieve the remediation objectives approved for the site.
9    At a minimum, the report shall include all of the
10    following:
11            (A) Executive summary.
12            (B) Statement of remediation objectives.
13            (C) Remedial technologies selected.
14            (D) Confirmation sampling plan.
15            (E) Current and projected future use of the
16        property.
17            (F) Applicable preventive, engineering, and
18        institutional controls including long-term
19        reliability, operating, and maintenance plans, and
20        monitoring procedures.
21            (G) A schedule for implementation and completion
22        of the plan.
23        (3) Any owner or operator intending to seek payment
24    from the Fund shall submit to the Agency for approval a
25    corrective action budget that includes, but is not limited
26    to, an accounting of all costs associated with the

 

 

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1    implementation and completion of the corrective action
2    plan.
3        (4) Upon the Agency's approval of a corrective action
4    plan, or as otherwise directed by the Agency, the owner or
5    operator shall proceed with corrective action in
6    accordance with the plan.
7        (5) Within 30 days after the completion of a corrective
8    action plan that achieves applicable remediation
9    objectives the owner or operator shall submit to the Agency
10    for approval a corrective action completion report. The
11    report shall demonstrate whether corrective action was
12    completed in accordance with the approved corrective
13    action plan and whether the remediation objectives
14    approved for the site, as well as any other requirements of
15    the plan, have been achieved.
16        (6) If within 4 years after the approval of any
17    corrective action plan the applicable remediation
18    objectives have not been achieved and the owner or operator
19    has not submitted a corrective action completion report,
20    the owner or operator must submit a status report for
21    Agency review. The status report must include, but is not
22    limited to, a description of the remediation activities
23    taken to date, the effectiveness of the method of
24    remediation being used, the likelihood of meeting the
25    applicable remediation objectives using the current method
26    of remediation, and the date the applicable remediation

 

 

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1    objectives are expected to be achieved.
2        (7) If the Agency determines any approved corrective
3    action plan will not achieve applicable remediation
4    objectives within a reasonable time, based upon the method
5    of remediation and site specific circumstances, the Agency
6    may require the owner or operator to submit to the Agency
7    for approval a revised corrective action plan. If the owner
8    or operator intends to seek payment from the Fund, the
9    owner or operator must also submit a revised budget.
10    (c) Agency review and approval.
11        (1) Agency approval of any plan and associated budget,
12    as described in this subsection (c), shall be considered
13    final approval for purposes of seeking and obtaining
14    payment from the Underground Storage Tank Fund if the costs
15    associated with the completion of any such plan are less
16    than or equal to the amounts approved in such budget.
17        (2) In the event the Agency fails to approve,
18    disapprove, or modify any plan or report submitted pursuant
19    to this Title in writing within 120 days of the receipt by
20    the Agency, the plan or report shall be considered to be
21    rejected by operation of law for purposes of this Title and
22    rejected for purposes of payment from the Underground
23    Storage Tank Fund.
24            (A) For purposes of those plans as identified in
25        paragraph (5) of this subsection (c), the Agency's
26        review may be an audit procedure. Such review or audit

 

 

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1        shall be consistent with the procedure for such review
2        or audit as promulgated by the Board under Section
3        57.14. The Agency has the authority to establish an
4        auditing program to verify compliance of such plans
5        with the provisions of this Title.
6            (B) For purposes of corrective action plans
7        submitted pursuant to subsection (b) of this Section
8        for which payment from the Fund is not being sought,
9        the Agency need not take action on such plan until 120
10        days after it receives the corrective action
11        completion report required under subsection (b) of
12        this Section. In the event the Agency approved the
13        plan, it shall proceed under the provisions of this
14        subsection (c).
15        (3) In approving any plan submitted pursuant to
16    subsection (a) or (b) of this Section, the Agency shall
17    determine, by a procedure promulgated by the Board under
18    Section 57.14, that the costs associated with the plan are
19    reasonable, will be incurred in the performance of site
20    investigation or corrective action, and will not be used
21    for site investigation or corrective action activities in
22    excess of those required to meet the minimum requirements
23    of this Title.
24            (A) For purposes of payment from the Fund,
25        corrective action activities required to meet the
26        minimum requirements of this Title shall include, but

 

 

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1        not be limited to, the following use of the Board's
2        Tiered Approach to Corrective Action Objectives rules
3        adopted under Title XVII of this Act:
4                (i) For the site where the release occurred,
5            the use of Tier 2 remediation objectives that are
6            no more stringent than Tier 1 remediation
7            objectives.
8                (ii) The use of industrial/commercial property
9            remediation objectives, unless the owner or
10            operator demonstrates that the property being
11            remediated is residential property or being
12            developed into residential property.
13                (iii) The use of groundwater ordinances as
14            institutional controls in accordance with Board
15            rules.
16                (iv) The use of on-site groundwater use
17            restrictions as institutional controls in
18            accordance with Board rules.
19            (B) Any bidding process adopted under Board rules
20        to determine the reasonableness of costs of corrective
21        action must provide for a publicly-noticed,
22        competitive, and sealed bidding process that includes,
23        at a minimum, the following:
24                (i) The owner or operator must issue
25            invitations for bids that include, at a minimum, a
26            description of the work being bid and applicable

 

 

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1            contractual terms and conditions. The invitation
2            for bids must require the bidder to supply (and all
3            accepted bids must also supply) all of the
4            following information: documents evidencing the
5            bidder's compliance with all applicable laws and
6            ordinances prerequisite to doing business in this
7            State; the bidder's federal employer tax
8            identification number or, if the bidder is doing
9            business as an individual, his or her social
10            security number; a statement of the bidder's
11            compliance with federal Equal Employment
12            Opportunity laws; a disclosure, by the bidder, of
13            the name and address of each subcontractor with
14            whom the contractor has contracted, or intends to
15            contract, to complete any portion of the work bid
16            upon; certificates of insurance showing the
17            bidder's general liability, workers' compensation,
18            and automobile liability coverage; a statement of
19            the bidder's compliance with all provisions of the
20            Illinois Prevailing Wage Act; evidence of the
21            bidder's participation in apprenticeship and
22            training programs approved and registered with the
23            U.S. Department of Labor Office of Apprenticeship
24            or a successor organization; documents evidencing
25            the bidder's safety and health activities and
26            programs; a statement by the bidder that

 

 

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1            individuals who will perform the bid upon work are
2            properly classified as either an employee or
3            independent contractor under all applicable State
4            and federal laws and local ordinances; a statement
5            that all employees are covered under a current
6            workers' compensation insurance policy and
7            properly classified under the policy; a statement
8            by the bidder listing all employees who will
9            perform the bid upon work and evidence that all
10            listed employees are covered by a health and
11            welfare plan and a retirement plan; and documents
12            evidencing any professional or trade license
13            required by law or local ordinance for any trade or
14            specialty group employed or contracted with by the
15            bidder to perform the bid upon work. The criteria
16            on which the bids will be evaluated must be set
17            forth in the invitation for bids. The criteria may
18            include, but shall not be limited to, criteria for
19            determining acceptability, such as inspection,
20            testing, quality, workmanship, delivery, and
21            suitability for a particular purpose. Criteria
22            that will affect the bid price and be considered in
23            the evaluation of a bid, such as discounts, shall
24            be objectively measurable.
25                (ii) At least 14 days prior to the date set in
26            the invitation for the opening of bids, public

 

 

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1            notice of the invitation for bids must be published
2            in a local paper of general circulation for the
3            area in which the site is located.
4                (iii) Bids must be opened publicly in the
5            presence of one or more witnesses at the time and
6            place designated in the invitation for bids. The
7            name of each bidder, the amount of each bid, and
8            other relevant information as specified in Board
9            rules must be recorded and submitted to the Agency
10            in the applicable budget. After selection of the
11            winning bid, the winning bid and the record of each
12            unsuccessful bid shall be open to public
13            inspection.
14                (iv) Bids must be unconditionally accepted
15            without alteration or correction. Bids must be
16            evaluated based on the requirements set forth in
17            the invitation for bids, which may include
18            criteria for determining acceptability, such as
19            inspection, testing, quality, workmanship,
20            delivery, and suitability for a particular
21            purpose. Criteria that will affect the bid price
22            and be considered in the evaluation of a bid, such
23            as discounts, shall be objectively measurable. The
24            invitation for bids shall set forth the evaluation
25            criteria to be used.
26                (v) Correction or withdrawal of inadvertently

 

 

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1            erroneous bids before or after selection of the
2            winning bid, or cancellation of winning bids based
3            on bid mistakes, shall be allowed in accordance
4            with Board rules. After bid opening, no changes in
5            bid prices or other provisions of bids prejudicial
6            to the owner or operator or fair competition shall
7            be allowed. All decisions to allow the correction
8            or withdrawal of bids based on bid mistakes shall
9            be supported by a written determination made by the
10            owner or operator.
11                (vi) The owner or operator shall select the
12            winning bid with reasonable promptness by written
13            notice to the lowest responsible and responsive
14            bidder whose bid meets the requirements and
15            criteria set forth in the invitation for bids. The
16            winning bid and other relevant information as
17            specified in Board rules must be recorded and
18            submitted to the Agency in the applicable budget.
19                (vii) All bidding documentation must be
20            retained by the owner or operator for a minimum of
21            3 years after the costs bid are submitted in an
22            application for payment, except that documentation
23            relating to an appeal, litigation, or other
24            disputed claim must be maintained until at least 3
25            years after the date of the final disposition of
26            the appeal, litigation, or other disputed claim.

 

 

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1            All bidding documentation must be made available
2            to the Agency for inspection and copying during
3            normal business hours.
4            (C) Any bidding process adopted under Board rules
5        to determine the reasonableness of costs of corrective
6        action shall (i) be optional and (ii) allow bidding
7        only if the owner or operator demonstrates that
8        corrective action cannot be performed for amounts less
9        than or equal to maximum payment amounts adopted by the
10        Board.
11        (4) For any plan or report received after June 24,
12    2002, any action by the Agency to disapprove or modify a
13    plan submitted pursuant to this Title shall be provided to
14    the owner or operator in writing within 120 days of the
15    receipt by the Agency or, in the case of a site
16    investigation plan or corrective action plan for which
17    payment is not being sought, within 120 days of receipt of
18    the site investigation completion report or corrective
19    action completion report, respectively, and shall be
20    accompanied by:
21            (A) an explanation of the Sections of this Act
22        which may be violated if the plans were approved;
23            (B) an explanation of the provisions of the
24        regulations, promulgated under this Act, which may be
25        violated if the plan were approved;
26            (C) an explanation of the specific type of

 

 

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1        information, if any, which the Agency deems the
2        applicant did not provide the Agency; and
3            (D) a statement of specific reasons why the Act and
4        the regulations might not be met if the plan were
5        approved.
6        Any action by the Agency to disapprove or modify a plan
7    or report or the rejection of any plan or report by
8    operation of law shall be subject to appeal to the Board in
9    accordance with the procedures of Section 40. If the owner
10    or operator elects to incorporate modifications required
11    by the Agency rather than appeal, an amended plan shall be
12    submitted to the Agency within 35 days of receipt of the
13    Agency's written notification.
14        (5) For purposes of this Title, the term "plan" shall
15    include:
16            (A) Any site investigation plan submitted pursuant
17        to subsection (a) of this Section;
18            (B) Any site investigation budget submitted
19        pursuant to subsection (a) of this Section;
20            (C) Any corrective action plan submitted pursuant
21        to subsection (b) of this Section; or
22            (D) Any corrective action plan budget submitted
23        pursuant to subsection (b) of this Section.
24    (d) For purposes of this Title, the term "indicator
25contaminant" shall mean, unless and until the Board promulgates
26regulations to the contrary, the following: (i) if an

 

 

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1underground storage tank contains gasoline, the indicator
2parameter shall be BTEX and Benzene; (ii) if the tank contained
3petroleum products consisting of middle distillate or heavy
4ends, then the indicator parameter shall be determined by a
5scan of PNA's taken from the location where contamination is
6most likely to be present; and (iii) if the tank contained used
7oil, then the indicator contaminant shall be those chemical
8constituents which indicate the type of petroleum stored in an
9underground storage tank. All references in this Title to
10groundwater objectives shall mean Class I groundwater
11standards or objectives as applicable.
12    (e) (1) Notwithstanding the provisions of this Section, an
13    owner or operator may proceed to conduct site investigation
14    or corrective action prior to the submittal or approval of
15    an otherwise required plan. If the owner or operator elects
16    to so proceed, an applicable plan shall be filed with the
17    Agency at any time. Such plan shall detail the steps taken
18    to determine the type of site investigation or corrective
19    action which was necessary at the site along with the site
20    investigation or corrective action taken or to be taken, in
21    addition to costs associated with activities to date and
22    anticipated costs.
23        (2) Upon receipt of a plan submitted after activities
24    have commenced at a site, the Agency shall proceed to
25    review in the same manner as required under this Title. In
26    the event the Agency disapproves all or part of the costs,

 

 

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1    the owner or operator may appeal such decision to the
2    Board. The owner or operator shall not be eligible to be
3    reimbursed for such disapproved costs unless and until the
4    Board determines that such costs were eligible for payment.
5    (f) All investigations, plans, and reports conducted or
6prepared under this Section shall be conducted or prepared
7under the supervision of a licensed professional engineer and
8in accordance with the requirements of this Title.
9(Source: P.A. 95-331, eff. 8-21-07; 96-908, eff. 6-8-10.)
 
10    (415 ILCS 5/57.8)
11    Sec. 57.8. Underground Storage Tank Fund; payment; options
12for State payment; deferred correction election to commence
13corrective action upon availability of funds. If an owner or
14operator is eligible to access the Underground Storage Tank
15Fund pursuant to an Office of State Fire Marshal
16eligibility/deductible final determination letter issued in
17accordance with Section 57.9, the owner or operator may submit
18a complete application for final or partial payment to the
19Agency for activities taken in response to a confirmed release.
20An owner or operator may submit a request for partial or final
21payment regarding a site no more frequently than once every 90
22days.
23    (a) Payment after completion of corrective action
24measures. The owner or operator may submit an application for
25payment for activities performed at a site after completion of

 

 

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1the requirements of Sections 57.6 and 57.7, or after completion
2of any other required activities at the underground storage
3tank site.
4        (1) In the case of any approved plan and budget for
5    which payment is being sought, the Agency shall make a
6    payment determination within 120 days of receipt of the
7    application. Such determination shall be considered a
8    final decision. The Agency's review shall be limited to
9    generally accepted auditing and accounting practices. In
10    no case shall the Agency conduct additional review of any
11    plan which was completed within the budget, beyond auditing
12    for adherence to the corrective action measures in the
13    proposal. If the Agency fails to approve the payment
14    application within 120 days, such application shall be
15    deemed approved by operation of law and the Agency shall
16    proceed to reimburse the owner or operator the amount
17    requested in the payment application. However, in no event
18    shall the Agency reimburse the owner or operator an amount
19    greater than the amount approved in the plan.
20        (2) If sufficient funds are available in the
21    Underground Storage Tank Fund, the Agency shall, within 60
22    days, forward to the Office of the State Comptroller a
23    voucher in the amount approved under the payment
24    application.
25        (3) In the case of insufficient funds, the Agency shall
26    form a priority list for payment and shall notify persons

 

 

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1    in such priority list monthly of the availability of funds
2    and when payment shall be made. Payment shall be made to
3    the owner or operator at such time as sufficient funds
4    become available for the costs associated with site
5    investigation and corrective action and costs expended for
6    activities performed where no proposal is required, if
7    applicable. Such priority list shall be available to any
8    owner or operator upon request. Priority for payment shall
9    be determined by the date the Agency receives a complete
10    request for partial or final payment. Upon receipt of
11    notification from the Agency that the requirements of this
12    Title have been met, the Comptroller shall make payment to
13    the owner or operator of the amount approved by the Agency,
14    if sufficient money exists in the Fund. If there is
15    insufficient money in the Fund, then payment shall not be
16    made. If the owner or operator appeals a final Agency
17    payment determination and it is determined that the owner
18    or operator is eligible for payment or additional payment,
19    the priority date for the payment or additional payment
20    shall be the same as the priority date assigned to the
21    original 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 invoice
26    paid to an eligible owner or operator. Only one deductible

 

 

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1    shall apply per underground storage tank site.
2        (5) In the event that costs are or will be incurred in
3    addition to those approved by the Agency, or after payment,
4    the owner or operator may submit successive plans
5    containing amended budgets. The requirements of Section
6    57.7 shall apply to any amended plans.
7        (6) For purposes of this Section, a complete
8    application shall consist of:
9            (A) A certification from a Licensed Professional
10        Engineer or Licensed Professional Geologist as
11        required under this Title and acknowledged by the owner
12        or operator.
13            (B) A statement of the amounts approved in the
14        budget and the amounts actually sought for payment
15        along with a certified statement by the owner or
16        operator that the amounts so sought were expended in
17        conformance with the approved budget.
18            (C) A copy of the Office of the State Fire
19        Marshal's eligibility and deductibility determination.
20            (D) Proof that approval of the payment requested
21        will not result in the limitations set forth in
22        subsection (g) of this Section being exceeded.
23            (E) A federal taxpayer identification number and
24        legal status disclosure certification on a form
25        prescribed and provided by the Agency.
26            (F) A fully executed project labor agreement that

 

 

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1        satisfies the requirements of Section 57.11A of this
2        Act for actions taken in response to releases reported
3        on or after the effective date of this amendatory Act
4        of the 98th General Assembly.
5    (b) Commencement of site investigation or corrective
6action upon availability of funds. The Board shall adopt
7regulations setting forth procedures based on risk to human
8health or the environment under which the owner or operator who
9has received approval for any budget plan submitted pursuant to
10Section 57.7, and who is eligible for payment from the
11Underground Storage Tank Fund pursuant to an Office of the
12State Fire Marshal eligibility and deductibility
13determination, may elect to defer site investigation or
14corrective action activities until funds are available in an
15amount equal to the amount approved in the budget. The
16regulations shall establish criteria based on risk to human
17health or the environment to be used for determining on a
18site-by-site basis whether deferral is appropriate. The
19regulations also shall establish the minimum investigatory
20requirements for determining whether the risk based criteria
21are present at a site considering deferral and procedures for
22the notification of owners or operators of insufficient funds,
23Agency review of request for deferral, notification of Agency
24final decisions, returning deferred sites to active status, and
25earmarking of funds for payment.
26    (c) When the owner or operator requests indemnification for

 

 

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1payment of costs incurred as a result of a release of petroleum
2from an underground storage tank, if the owner or operator has
3satisfied the requirements of subsection (a) of this Section,
4the Agency shall forward a copy of the request to the Attorney
5General. The Attorney General shall review and approve the
6request for indemnification if:
7        (1) there is a legally enforceable judgment entered
8    against the owner or operator and such judgment was entered
9    due to harm caused by a release of petroleum from an
10    underground storage tank and such judgment was not entered
11    as a result of fraud; or
12        (2) a settlement with a third party due to a release of
13    petroleum from an underground storage tank is reasonable.
14    (d) Notwithstanding any other provision of this Title, the
15Agency shall not approve payment to an owner or operator from
16the Fund for costs of corrective action or indemnification
17incurred during a calendar year in excess of the following
18aggregate amounts based on the number of petroleum underground
19storage tanks owned or operated by such owner or operator in
20Illinois.
21        Amount                           Number of Tanks
22        $2,000,000........................fewer than 101
23        $3,000,000................................101 or more
24        (1) Costs incurred in excess of the aggregate amounts
25    set forth in paragraph (1) of this subsection shall not be
26    eligible for payment in subsequent years.

 

 

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1        (2) For purposes of this subsection, requests
2    submitted by any of the agencies, departments, boards,
3    committees or commissions of the State of Illinois shall be
4    acted upon as claims from a single owner or operator.
5        (3) For purposes of this subsection, owner or operator
6    includes (i) any subsidiary, parent, or joint stock company
7    of the owner or operator and (ii) any company owned by any
8    parent, subsidiary, or joint stock company of the owner or
9    operator.
10    (e) Costs of corrective action or indemnification incurred
11by an owner or operator which have been paid to an owner or
12operator under a policy of insurance, another written
13agreement, or a court order are not eligible for payment under
14this Section. An owner or operator who receives payment under a
15policy of insurance, another written agreement, or a court
16order shall reimburse the State to the extent such payment
17covers costs for which payment was received from the Fund. Any
18monies received by the State under this subsection (e) shall be
19deposited into the Fund.
20    (f) (Blank.)
21    (g) The Agency shall not approve any payment from the Fund
22to pay an owner or operator:
23        (1) for costs of corrective action incurred by such
24    owner or operator in an amount in excess of $1,500,000 per
25    occurrence; and
26        (2) for costs of indemnification of such owner or

 

 

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1    operator in an amount in excess of $1,500,000 per
2    occurrence.
3    (h) Payment of any amount from the Fund for corrective
4action or indemnification shall be subject to the State
5acquiring by subrogation the rights of any owner, operator, or
6other person to recover the costs of corrective action or
7indemnification for which the Fund has compensated such owner,
8operator, or person from the person responsible or liable for
9the release.
10    (i) If the Agency refuses to pay or authorizes only a
11partial payment, the affected owner or operator may petition
12the Board for a hearing in the manner provided for the review
13of permit decisions in Section 40 of this Act.
14    (j) Costs of corrective action or indemnification incurred
15by an owner or operator prior to July 28, 1989, shall not be
16eligible for payment or reimbursement under this Section.
17    (k) The Agency shall not pay costs of corrective action or
18indemnification incurred before providing notification of the
19release of petroleum in accordance with the provisions of this
20Title.
21    (l) Corrective action does not include legal defense costs.
22Legal defense costs include legal costs for seeking payment
23under this Title unless the owner or operator prevails before
24the Board in which case the Board may authorize payment of
25legal fees.
26    (m) The Agency may apportion payment of costs for plans

 

 

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1submitted under Section 57.7 if:
2        (1) the owner or operator was deemed eligible to access
3    the Fund for payment of corrective action costs for some,
4    but not all, of the underground storage tanks at the site;
5    and
6        (2) the owner or operator failed to justify all costs
7    attributable to each underground storage tank at the site.
8    (n) The Agency shall not pay costs associated with a
9corrective action plan incurred after the Agency provides
10notification to the owner or operator pursuant to item (7) of
11subsection (b) of Section 57.7 that a revised corrective action
12plan is required. Costs associated with any subsequently
13approved corrective action plan shall be eligible for
14reimbursement if they meet the requirements of this Title.
15(Source: P.A. 95-331, eff. 8-21-07.)
 
16    (415 ILCS 5/57.11A new)
17    Sec. 57.11A. Project labor agreements. A project labor
18agreement required under this Title shall:
19        (1) set forth established standard hourly wages for
20    each class of labor organization employee;
21        (2) set forth area standard benefits and other
22    compensation for each class of labor organization
23    employee;
24        (3) contain provisions guaranteeing that there will
25    not be a strike, job interruption, or delay by covered

 

 

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1    employees;
2        (4) set forth effective, immediate, and mutually
3    binding procedures for resolving jurisdictional labor
4    disputes and grievances arising before the completion of
5    work;
6        (5) ensure a reliable source of skilled and experienced
7    labor;
8        (6) provide for improved employment opportunities for
9    minorities and women in the construction industry to the
10    extent permitted by State and federal law;
11        (7) permit the selection of the most qualified lowest
12    responsible bidder, without regard to union or non-union
13    status at other construction sites;
14        (8) bind all contractors and subcontractors on the
15    project through the inclusion of appropriate bid
16    specifications in all relevant bid documents;
17        (9) include the names, addresses, and occupations of
18    the owner of the site and the individuals representing the
19    labor organization employees participating in the project
20    labor agreement; and
21        (10) include other terms as the parties deem
22    appropriate.".