Full Text of HB5960 93rd General Assembly
HB5960ham002 93RD GENERAL ASSEMBLY
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Rep. Joe Dunn
Filed: 4/21/2004
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09300HB5960ham002 |
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LRB093 19279 RAS 49895 a |
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| AMENDMENT TO HOUSE BILL 5960
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| AMENDMENT NO. ______. Amend House Bill 5960 by replacing | 3 |
| everything after the enacting clause with the following:
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| "Section 5. The Environmental Protection Act is amended by | 5 |
| changing Section 25b-2 and by adding Sections 25d-1, 25d-2, | 6 |
| 25d-3, 25d-4, and 25d-5 as follows:
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| (415 ILCS 5/25b-2) (from Ch. 111 1/2, par. 1025b-2)
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| Sec. 25b-2. (a) Facilities which are required to file toxic | 9 |
| chemical
release forms with the State pursuant to Section 313 | 10 |
| of the federal
Emergency Planning and Community Right-to-Know | 11 |
| Act of 1986 shall file such
forms with the Illinois | 12 |
| Environmental Protection Agency.
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| (b) Beginning October 1, 2004, the Agency shall make | 14 |
| available, through its website, a link to the United States | 15 |
| Environmental Protection Agency's searchable data bases | 16 |
| identifying listed locations where the presence of hazardous | 17 |
| substances have been identified pursuant to the federal | 18 |
| Comprehensive Environmental Response Compensation and | 19 |
| Liability Act (CERCLA) either in the CERCLA Information System | 20 |
| list or the National Contingency Plan list, pursuant to 40 CFR | 21 |
| Part 300. Furthermore, the
The Agency shall make toxic chemical | 22 |
| release forms available to
the public for inspection and | 23 |
| copying during regular business hours and,
upon written | 24 |
| request, shall send copies of such forms by mail to any
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| resident of the State.
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| (Source: P.A. 85-927.)
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| (415 ILCS 5/25d-1 new) | 4 |
| Sec. 25d-1. Notification of violations of the Act.
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| Whenever the Agency issues a notice pursuant to Section 31 of | 6 |
| this Act and, as a result of any spilling, leaking, pumping, | 7 |
| pouring, emitting, emptying, discharging, injecting, escaping, | 8 |
| leaching, dumping, or disposing into the environment of any of | 9 |
| the items listed in item (2)(A) of this Section, subsequently | 10 |
| initiates an enforcement action or enters into a Compliance | 11 |
| Commitment Agreement, as defined by Title VII of this Act, the | 12 |
| Agency shall determine whether the violation may pose an | 13 |
| imminent or substantial endangerment to human health or the | 14 |
| environment and if so, shall give notice to all households and | 15 |
| businesses within 2,500 feet of the site subject to the | 16 |
| enforcement action or a Compliance Commitment Agreement. | 17 |
| Notice shall occur within 60 days after the date that the | 18 |
| Agency initiates an enforcement action or enters into a | 19 |
| Compliance Commitment Agreement. Notice shall be given, at a | 20 |
| minimum, by direct mailing to households and businesses. The | 21 |
| Agency shall obtain addresses from the affected county | 22 |
| government. The notice shall contain, at a minimum, the | 23 |
| following information: | 24 |
| (1) The address and physical description of the site or | 25 |
| sites subject to the enforcement action or Compliance | 26 |
| Commitment Agreement; and | 27 |
| (2) A brief description of the events alleged to have | 28 |
| occurred that led to an enforcement action or entering into | 29 |
| a Compliance Commitment Agreement, including, but not | 30 |
| limited to: | 31 |
| (A) the presence of any waste, special waste, | 32 |
| potentially infectious medical waste, pollution | 33 |
| control waste, industrial process waste, hazardous |
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| waste, hazardous substance, or contaminant; and | 2 |
| (B) whether there was any spilling, leaking, | 3 |
| pumping, pouring, emitting, emptying, discharging, | 4 |
| injecting, escaping, leaching, dumping, or disposing | 5 |
| any of the items listed in item (A) above into or onto | 6 |
| the land, water, or air; and | 7 |
| (3) The case number of the enforcement action. | 8 |
| (415 ILCS 5/25d-2 new) | 9 |
| Sec. 25d-2. Notification of remedial actions. Whenever the | 10 |
| Agency first becomes aware of a site or sites undergoing | 11 |
| remedial action, as defined by to Title XVII of this Act, the | 12 |
| Agency shall determine whether the situation may pose an | 13 |
| imminent or substantial endangerment to human health or the | 14 |
| environment and if so, shall give notice to all households and | 15 |
| businesses within 2,500 feet of the site subject to the | 16 |
| remedial action. Notice must occur within 60 days after the | 17 |
| date that the Agency first becomes aware of a site or sites | 18 |
| undergoing remedial action, as defined by Title XVII of this | 19 |
| Act. Notice shall be given, at a minimum, by direct mailing to | 20 |
| households and businesses. The Agency shall obtain addresses | 21 |
| from the affected county government. The notice shall contain, | 22 |
| at a minimum, the following information:
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| (1) The address and physical description of the site or | 24 |
| sites undergoing remedial action; and | 25 |
| (2) A brief description of the events alleged to have | 26 |
| occurred that led to an enforcement action or entering into | 27 |
| a Compliance Commitment Agreement, including, but not | 28 |
| limited to: | 29 |
| (A) the presence of any waste, special waste, | 30 |
| potentially infectious medical waste, pollution | 31 |
| control waste, industrial process waste, hazardous | 32 |
| waste, hazardous substance, or contaminant; and | 33 |
| (B) whether there was any spilling, leaking, |
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| pumping, pouring, emitting, emptying, discharging, | 2 |
| injecting, escaping, leaching, dumping, or disposing | 3 |
| any of the items listed in item (A) above into or onto | 4 |
| the land, water, or air; and | 5 |
| (3) The case number of the remedial action. | 6 |
| (415 ILCS 5/25d-3 new) | 7 |
| Sec. 25d-3. Notification of federal actions. Whenever the | 8 |
| Agency becomes aware, pursuant to notification required by the | 9 |
| federal Comprehensive Environmental Response Compensation and | 10 |
| Liability Act (CERCLA), 42 U.S.C. Sections 9603(a) and 9603(c), | 11 |
| pursuant to actions undertaken under CERCLA, 42 U.S.C. Section | 12 |
| 9604(a) or listing pursuant to the National Contingency Plan, | 13 |
| or pursuant to any action for judicial relief undertaken | 14 |
| pursuant to the federal Solid Waste Act, 42 U.S.C. Section 6973 | 15 |
| or 6972(a), of the existence of the presence of a contaminant | 16 |
| or hazardous substance that may pose an imminent or substantial | 17 |
| endangerment to human health or the environment, then the | 18 |
| Agency shall give notice to all households and businesses | 19 |
| within 2,500 feet of the contamination. Notice shall be given, | 20 |
| at a minimum, by direct mailing to households and businesses. | 21 |
| The Agency shall obtain addresses from the affected county | 22 |
| government. The notice must contain, at a minimum, the | 23 |
| following: | 24 |
| (1) The address and physical description of the site or | 25 |
| sites undergoing remedial or removal action or for which | 26 |
| remedial or removal action is sought; | 27 |
| (2) A brief description of the circumstances alleged to | 28 |
| be present that led to the remedial action or listing for | 29 |
| enforcement action, including, but not limited to: | 30 |
| (A) the presence of any waste, special waste, | 31 |
| potentially infectious medical waste, pollution | 32 |
| control waste, industrial process waste, hazardous | 33 |
| waste, hazardous substance, or contaminant; and |
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| (B) whether there was any spilling, leaking, | 2 |
| pumping, pouring, emitting, emptying, discharging, | 3 |
| injecting, escaping, leaching, dumping, or disposing | 4 |
| any of the items listed in item (A) above into or onto | 5 |
| the land, water, or air; and | 6 |
| (3) Information regarding any potential adverse health | 7 |
| effects posed by the contamination.
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| (415 ILCS 5/25d-4 new) | 9 |
| Sec. 25d-4. Notification of other contamination. | 10 |
| (a) Whenever the Agency has confirmed, through sound | 11 |
| scientific methods, the presence of an environmental | 12 |
| contaminant that exceeds the applicable federal or State health | 13 |
| and safety standards and that may pose an imminent or | 14 |
| substantial endangerment to human health or the environment, | 15 |
| then the Agency shall give notice to all households and | 16 |
| businesses within 2,500 feet of the contamination. Notice shall | 17 |
| be given, at a minimum, by direct mailing to households and | 18 |
| businesses. The Agency shall obtain addresses from the affected | 19 |
| county government. The notice shall contain, at a minimum, the | 20 |
| following information: | 21 |
| (1) The address and physical description of the site or | 22 |
| sites undergoing remedial action; | 23 |
| (2) A brief description of the events alleged to have | 24 |
| occurred that led to the remedial action, including, but | 25 |
| not limited to: | 26 |
| (A) the presence of any waste, special waste, | 27 |
| potentially infectious medical waste, pollution | 28 |
| control waste, industrial process waste, hazardous | 29 |
| waste, hazardous substance, or contaminant; and | 30 |
| (B) whether there was any spilling, leaking, | 31 |
| pumping, pouring, emitting, emptying, discharging, | 32 |
| injecting, escaping, leaching, dumping, or disposing | 33 |
| any of the items listed in item (A) above into or onto |
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| the land, water, or air; and | 2 |
| (b) Information regarding any potential adverse health | 3 |
| effects posed by the contamination. | 4 |
| (c) The requirements of this Section shall not apply in | 5 |
| instances where the Agency has already given notice under | 6 |
| Sections 25d-1, 25d-2, or 25d-3.
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| (415 ILCS 5/25d-5 new) | 8 |
| Sec. 25d-5. Liability. The Agency is not liable for the | 9 |
| accuracy, availability, or use of the information provided | 10 |
| under Sections 25d-1, 25d-2, 25d-3, or 25d-4. However, the | 11 |
| Agency shall be liable for willful and wanton misconduct under | 12 |
| this Act.
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| Section 99. Effective date. This Act takes effect upon | 14 |
| becoming law.".
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