Illinois General Assembly - Full Text of SB3320
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Full Text of SB3320  96th General Assembly

SB3320sam001 96TH GENERAL ASSEMBLY

Sen. John O. Jones

Filed: 3/23/2010

 

 


 

 


 
09600SB3320sam001 LRB096 19895 JDS 39494 a

1
AMENDMENT TO SENATE BILL 3320

2     AMENDMENT NO. ______. Amend Senate Bill 3320 by replacing
3 everything after the enacting clause with the following:
 
4     "Section 5. The Environmental Protection Act is amended by
5 changing Sections 57.7, 57.9, 57.11, and 57.13 and by adding
6 Sections 57.18 and 57.19 as follows:
 
7     (415 ILCS 5/57.7)
8     Sec. 57.7. Leaking underground storage tanks; site
9 investigation and corrective action.
10     (a) Site investigation.
11         (1) For any site investigation activities required by
12     statute or rule, the owner or operator shall submit to the
13     Agency for approval a site investigation plan designed to
14     determine the nature, concentration, direction of
15     movement, rate of movement, and extent of the contamination
16     as well as the significant physical features of the site

 

 

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1     and surrounding area that may affect contaminant transport
2     and risk to human health and safety and the environment.
3         (2) Any owner or operator intending to seek payment
4     from the Fund shall submit to the Agency for approval a
5     site investigation budget that includes, but is not limited
6     to, an accounting of all costs associated with the
7     implementation and completion of the site investigation
8     plan.
9         (3) Remediation objectives for the applicable
10     indicator contaminants shall be determined using the
11     tiered approach to corrective action objectives rules
12     adopted by the Board pursuant to this Title and Title XVII
13     of this Act. For the purposes of this Title, "Contaminant
14     of Concern" or "Regulated Substance of Concern" in the
15     rules means the applicable indicator contaminants set
16     forth in subsection (d) of this Section and the rules
17     adopted thereunder.
18         (4) Upon the Agency's approval of a site investigation
19     plan, or as otherwise directed by the Agency, the owner or
20     operator shall conduct a site investigation in accordance
21     with the plan.
22         (5) Within 30 days after completing the site
23     investigation, the owner or operator shall submit to the
24     Agency for approval a site investigation completion
25     report. At a minimum the report shall include all of the
26     following:

 

 

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1             (A) Executive summary.
2             (B) Site history.
3             (C) Site-specific sampling methods and results.
4             (D) Documentation of all field activities,
5         including quality assurance.
6             (E) Documentation regarding the development of
7         proposed remediation objectives.
8             (F) Interpretation of results.
9             (G) Conclusions.
10     (b) Corrective action.
11         (1) If the site investigation confirms none of the
12     applicable indicator contaminants exceed the proposed
13     remediation objectives, within 30 days after completing
14     the site investigation the owner or operator shall submit
15     to the Agency for approval a corrective action completion
16     report in accordance with this Section.
17         (2) If any of the applicable indicator contaminants
18     exceed the remediation objectives approved for the site,
19     within 30 days after the Agency approves the site
20     investigation completion report the owner or operator
21     shall submit to the Agency for approval a corrective action
22     plan designed to mitigate any threat to human health, human
23     safety, or the environment resulting from the underground
24     storage tank release. The plan shall describe the selected
25     remedy and evaluate its ability and effectiveness to
26     achieve the remediation objectives approved for the site.

 

 

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1     At a minimum, the report shall include all of the
2     following:
3             (A) Executive summary.
4             (B) Statement of remediation objectives.
5             (C) Remedial technologies selected.
6             (D) Confirmation sampling plan.
7             (E) Current and projected future use of the
8         property.
9             (F) Applicable preventive, engineering, and
10         institutional controls including long-term
11         reliability, operating, and maintenance plans, and
12         monitoring procedures.
13             (G) A schedule for implementation and completion
14         of the plan.
15         (3) Any owner or operator intending to seek payment
16     from the Fund shall submit to the Agency for approval a
17     corrective action budget that includes, but is not limited
18     to, an accounting of all costs associated with the
19     implementation and completion of the corrective action
20     plan.
21         (4) Upon the Agency's approval of a corrective action
22     plan, or as otherwise directed by the Agency, the owner or
23     operator shall proceed with corrective action in
24     accordance with the plan.
25         (5) Within 30 days after the completion of a corrective
26     action plan that achieves applicable remediation

 

 

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1     objectives the owner or operator shall submit to the Agency
2     for approval a corrective action completion report. The
3     report shall demonstrate whether corrective action was
4     completed in accordance with the approved corrective
5     action plan and whether the remediation objectives
6     approved for the site, as well as any other requirements of
7     the plan, have been achieved.
8         (6) If within 4 years after the approval of any
9     corrective action plan the applicable remediation
10     objectives have not been achieved and the owner or operator
11     has not submitted a corrective action completion report,
12     the owner or operator must submit a status report for
13     Agency review. The status report must include, but is not
14     limited to, a description of the remediation activities
15     taken to date, the effectiveness of the method of
16     remediation being used, the likelihood of meeting the
17     applicable remediation objectives using the current method
18     of remediation, and the date the applicable remediation
19     objectives are expected to be achieved.
20         (7) If the Agency determines any approved corrective
21     action plan will not achieve applicable remediation
22     objectives within a reasonable time, based upon the method
23     of remediation and site specific circumstances, the Agency
24     may require the owner or operator to submit to the Agency
25     for approval a revised corrective action plan. If the owner
26     or operator intends to seek payment from the Fund, the

 

 

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1     owner or operator must also submit a revised budget.
2     (c) Agency review and approval.
3         (1) Agency approval of any plan and associated budget,
4     as described in this subsection (c), shall be considered
5     final approval for purposes of seeking and obtaining
6     payment from the Underground Storage Tank Fund if the costs
7     associated with the completion of any such plan are less
8     than or equal to the amounts approved in such budget.
9         (2) In the event the Agency fails to approve,
10     disapprove, or modify any plan or report submitted pursuant
11     to this Title in writing within 120 days of the receipt by
12     the Agency, the plan or report shall be considered to be
13     rejected by operation of law for purposes of this Title and
14     rejected for purposes of payment from the Underground
15     Storage Tank Fund.
16             (A) For purposes of those plans as identified in
17         paragraph (5) of this subsection (c), the Agency's
18         review may be an audit procedure. Such review or audit
19         shall be consistent with the procedure for such review
20         or audit as promulgated by the Board under Section
21         57.14. The Agency has the authority to establish an
22         auditing program to verify compliance of such plans
23         with the provisions of this Title.
24             (B) For purposes of corrective action plans
25         submitted pursuant to subsection (b) of this Section
26         for which payment from the Fund is not being sought,

 

 

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1         the Agency need not take action on such plan until 120
2         days after it receives the corrective action
3         completion report required under subsection (b) of
4         this Section. In the event the Agency approved the
5         plan, it shall proceed under the provisions of this
6         subsection (c).
7         (3) In approving any plan submitted pursuant to
8     subsection (a) or (b) of this Section, the Agency shall
9     determine, by a procedure promulgated by the Board under
10     Section 57.14, that the costs associated with the plan are
11     reasonable, will be incurred in the performance of site
12     investigation or corrective action, and will not be used
13     for site investigation or corrective action activities in
14     excess of those required to meet the minimum requirements
15     of this Title.
16             (A) For purposes of payment from the Fund,
17         corrective action activities required to meet the
18         minimum requirements of this Title shall include, but
19         not be limited to, the following use of the Board's
20         Tiered Approach to Corrective Action Objectives rules
21         adopted under Title XVII of this Act:
22                 (i) For the site where the release occurred,
23             the use of Tier 2 remediation objectives that are
24             no more stringent than Tier 1 remediation
25             objectives.
26                 (ii) The use of industrial/commercial property

 

 

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1             remediation objectives, unless the owner or
2             operator demonstrates that the property being
3             remediated is residential property or being
4             developed into residential property.
5                 (iii) The use of groundwater ordinances as
6             institutional controls in accordance with Board
7             rules.
8                 (iv) The use of on-site groundwater use
9             restrictions as institutional controls in
10             accordance with Board rules.
11             (B) Any bidding process adopted under Board rules
12         to determine the reasonableness of costs of corrective
13         action must provide for a publicly-noticed,
14         competitive, and sealed bidding process that includes,
15         at a minimum, the following:
16                 (i) The owner or operator must issue
17             invitations for bids that include, at a minimum, a
18             description of the work being bid and applicable
19             contractual terms and conditions. The criteria on
20             which the bids will be evaluated must be set forth
21             in the invitation for bids. The criteria may
22             include, but shall not be limited to, criteria for
23             determining acceptability, such as inspection,
24             testing, quality, workmanship, delivery, and
25             suitability for a particular purpose. Criteria
26             that will affect the bid price and be considered in

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1         (2) Upon receipt of a plan submitted after activities
2     have commenced at a site, the Agency shall proceed to
3     review in the same manner as required under this Title. In
4     the event the Agency disapproves all or part of the costs,
5     the owner or operator may appeal such decision to the
6     Board. The owner or operator shall not be eligible to be
7     reimbursed for such disapproved costs unless and until the
8     Board determines that such costs were eligible for payment.
9     (f) All investigations, plans, and reports conducted or
10 prepared under this Section shall be conducted or prepared
11 under the supervision of a licensed professional engineer and
12 in accordance with the requirements of this Title.
13 (Source: P.A. 95-331, eff. 8-21-07.)
 
14     (415 ILCS 5/57.9)
15     Sec. 57.9. Underground Storage Tank Fund; eligibility and
16 deductibility.
17     (a) The Underground Storage Tank Fund shall be accessible
18 by owners and operators who have a confirmed release from an
19 underground storage tank or related tank system of a substance
20 listed in this Section. The owner or operator is eligible to
21 access the Underground Storage Tank Fund if the eligibility
22 requirements of this Title are satisfied and:
23         (1) Neither the owner nor the operator is the United
24     States Government.
25         (2) The tank does not contain fuel which is exempt from

 

 

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1     the Motor Fuel Tax Law.
2         (3) The costs were incurred as a result of a confirmed
3     release of any of the following substances:
4             (A) "Fuel", as defined in Section 1.19 of the Motor
5         Fuel Tax Law.
6             (B) Aviation fuel.
7             (C) Heating oil.
8             (D) Kerosene.
9             (E) Used oil which has been refined from crude oil
10         used in a motor vehicle, as defined in Section 1.3 of
11         the Motor Fuel Tax Law.
12         (4) The owner or operator registered the tank and paid
13     all fees in accordance with the statutory and regulatory
14     requirements of the Gasoline Storage Act.
15         (5) The owner or operator notified the Illinois
16     Emergency Management Agency of a confirmed release, the
17     costs were incurred after the notification and the costs
18     were a result of a release of a substance listed in this
19     Section. Costs of corrective action or indemnification
20     incurred before providing that notification shall not be
21     eligible for payment.
22         (6) The costs have not already been paid to the owner
23     or operator under a private insurance policy, other written
24     agreement, or court order.
25         (7) The costs were associated with "corrective action"
26     of this Act.

 

 

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1         If the underground storage tank which experienced a
2     release of a substance listed in this Section was installed
3     after July 28, 1989, the owner or operator is eligible to
4     access the Underground Storage Tank Fund if it is
5     demonstrated to the Office of the State Fire Marshal the
6     tank was installed and operated in accordance with Office
7     of the State Fire Marshal regulatory requirements. Office
8     of the State Fire Marshal certification is prima facie
9     evidence the tank was installed pursuant to the Office of
10     the State Fire Marshal regulatory requirements.
11     (b) For releases reported prior to the effective date of
12 this amendatory Act of the 96th General Assembly, an An owner
13 or operator may access the Underground Storage Tank Fund for
14 costs associated with an Agency approved plan and the Agency
15 shall approve the payment of costs associated with corrective
16 action after the application of a $10,000 deductible, except in
17 the following situations:
18         (1) A deductible of $100,000 shall apply when none of
19     the underground storage tanks were registered prior to July
20     28, 1989, except in the case of underground storage tanks
21     used exclusively to store heating oil for consumptive use
22     on the premises where stored and which serve other than
23     farms or residential units, a deductible of $100,000 shall
24     apply when none of these tanks were registered prior to
25     July 1, 1992.
26         (2) A deductible of $50,000 shall apply if any of the

 

 

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1     underground storage tanks were registered prior to July 28,
2     1989, and the State received notice of the confirmed
3     release prior to July 28, 1989.
4         (3) A deductible of $15,000 shall apply when one or
5     more, but not all, of the underground storage tanks were
6     registered prior to July 28, 1989, and the State received
7     notice of the confirmed release on or after July 28, 1989.
8     For releases reported on or after the effective date of
9 this amendatory Act of the 96th General Assembly, an owner or
10 operator may access the Underground Storage Tank Fund for costs
11 associated with an Agency approved plan, and the Agency shall
12 approve the payment of costs associated with corrective action
13 after the application of a $5,000 deductible.
14     A deductible shall apply annually for each site at which
15 costs were incurred under a claim submitted pursuant to this
16 Title, except that if corrective action in response to an
17 occurrence takes place over a period of more than one year, in
18 subsequent years, no deductible shall apply for costs incurred
19 in response to such occurrence.
20     (c) Eligibility and deductibility determinations shall be
21 made by the Office of the State Fire Marshal.
22         (1) When an owner or operator reports a confirmed
23     release of a regulated substance, the Office of the State
24     Fire Marshal shall provide the owner or operator with an
25     "Eligibility and Deductibility Determination" form. The
26     form shall either be provided on-site or within 15 days of

 

 

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1     the Office of the State Fire Marshal receipt of notice
2     indicating a confirmed release. The form shall request
3     sufficient information to enable the Office of the State
4     Fire Marshal to make a final determination as to owner or
5     operator eligibility to access the Underground Storage
6     Tank Fund pursuant to this Title and the appropriate
7     deductible. The form shall be promulgated as a rule or
8     regulation pursuant to the Illinois Administrative
9     Procedure Act by the Office of the State Fire Marshal.
10     Until such form is promulgated, the Office of State Fire
11     Marshal shall use a form which generally conforms with this
12     Act.
13         (2) Within 60 days of receipt of the "Eligibility and
14     Deductibility Determination" form, the Office of the State
15     Fire Marshal shall issue one letter enunciating the final
16     eligibility and deductibility determination, and such
17     determination or failure to act within the time prescribed
18     shall be a final decision appealable to the Illinois
19     Pollution Control Board.
20 (Source: P.A. 88-496.)
 
21     (415 ILCS 5/57.11)
22     Sec. 57.11. Underground Storage Tank Fund; creation.
23     (a) There is hereby created in the State Treasury a special
24 fund to be known as the Underground Storage Tank Fund. There
25 shall be deposited into the Underground Storage Tank Fund all

 

 

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1 monies received by the Office of the State Fire Marshal as fees
2 for underground storage tanks under Sections 4 and 5 of the
3 Gasoline Storage Act and as fees pursuant to the Motor Fuel Tax
4 Law. All amounts held in the Underground Storage Tank Fund
5 shall be invested at interest by the State Treasurer. All
6 income earned from the investments shall be deposited into the
7 Underground Storage Tank Fund no less frequently than
8 quarterly. Moneys in the Underground Storage Tank Fund,
9 pursuant to appropriation, may be used by the Agency and the
10 Office of the State Fire Marshal for the following purposes:
11         (1) To take action authorized under Section 57.12 to
12     recover costs under Section 57.12.
13         (2) To assist in the reduction and mitigation of damage
14     caused by leaks from underground storage tanks, including
15     but not limited to, providing alternative water supplies to
16     persons whose drinking water has become contaminated as a
17     result of those leaks.
18         (3) To be used as a matching amount towards federal
19     assistance relative to the release of petroleum from
20     underground storage tanks.
21         (4) For the costs of administering activities of the
22     Agency and the Office of the State Fire Marshal relative to
23     the Underground Storage Tank Fund.
24         (5) For payment of costs of corrective action incurred
25     by and indemnification to operators of underground storage
26     tanks as provided in this Title.

 

 

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1         (6) For a total of 2 demonstration projects in amounts
2     in excess of a $10,000 deductible charge designed to assess
3     the viability of corrective action projects at sites which
4     have experienced contamination from petroleum releases.
5     Such demonstration projects shall be conducted in
6     accordance with the provision of this Title.
7         (7) Subject to appropriation, moneys in the
8     Underground Storage Tank Fund may also be used by the
9     Department of Revenue for the costs of administering its
10     activities relative to the Fund and for refunds provided
11     for in Section 13a.8 of the Motor Fuel Tax Act.
12     (b) Moneys in the Underground Storage Tank Fund may,
13 pursuant to appropriation, be used by the Office of the State
14 Fire Marshal or the Agency to take whatever emergency action is
15 necessary or appropriate to assure that the public health or
16 safety is not threatened whenever there is a release or
17 substantial threat of a release of petroleum from an
18 underground storage tank and for the costs of administering its
19 activities relative to the Underground Storage Tank Fund.
20     (c) Beginning July 1, 1993, the Governor shall certify to
21 the State Comptroller and State Treasurer the monthly amount
22 necessary to pay debt service on State obligations issued
23 pursuant to Section 6 of the General Obligation Bond Act. On
24 the last day of each month, the Comptroller shall order
25 transferred and the Treasurer shall transfer from the
26 Underground Storage Tank Fund to the General Obligation Bond

 

 

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1 Retirement and Interest Fund the amount certified by the
2 Governor, plus any cumulative deficiency in those transfers for
3 prior months.
4     (d) Except as provided in subsection (c) of this Section,
5 the Underground Storage Tank Fund is not subject to
6 administrative charges authorized under Section 8h of the State
7 Finance Act that would in any way transfer any funds from the
8 Underground Storage Tank Fund into any other fund of the State.
9     (e) Each fiscal year, subject to appropriation, the Agency
10 may commit up to $10,000,000 of the moneys in the Underground
11 Storage Tank Fund to the payment of corrective action costs for
12 legacy sites that meet one or more of the following criteria as
13 a result of the underground storage tank release: (i) the
14 presence of free product, (ii) contamination within a regulated
15 recharge area, a wellhead protection area, or the setback zone
16 of a potable water supply well, (iii) contamination extending
17 beyond the boundaries of the site where the release occurred,
18 or (iv) such other criteria as may be adopted in Agency rules.
19         (1) Fund moneys committed under this subsection (e)
20     shall be held in the Fund for payment of the corrective
21     action costs for which the moneys were committed.
22         (2) The Agency may adopt rules governing the commitment
23     of Fund moneys under this subsection (e).
24         (3) This subsection (e) does not limit the use of Fund
25     moneys at legacy sites as otherwise provided under this
26     Title.

 

 

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1         (4) For the purposes of this subsection (e), the term
2     "legacy site" means a site for which (i) an underground
3     storage tank release was reported prior to January 1, 2005,
4     (ii) the owner or operator has been determined eligible to
5     receive payment from the Fund for corrective action costs,
6     and (iii) the Agency did not receive any applications for
7     payment prior to January 1, 2010.
8 (Source: P.A. 96-34, eff. 7-13-09.)
 
9     (415 ILCS 5/57.13)
10     Sec. 57.13. Underground Storage Tank Program; transition.
11 This Title applies to all underground storage tank releases for
12 which a No Further Remediation Letter is issued on or after the
13 effective date of this amendatory Act of the 96th General
14 Assembly, provided that (i) costs incurred prior to the
15 effective date of this amendatory Act shall be payable from the
16 UST Fund in the same manner as allowed under the law in effect
17 at the time the costs were incurred and (ii) releases for which
18 corrective action was completed prior to the effective date of
19 this amendatory Act shall be eligible for a No Further
20 Remediation Letter in the same manner as allowed under the law
21 in effect at the time the corrective action was completed.
22     (a) If a release is reported to the proper State authority
23 on or after June 24, 2002, the owner or operator shall comply
24 with the requirements of this Title.
25     (b) If a release is reported to the proper State authority

 

 

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1 prior to June 24, 2002, the owner or operator of an underground
2 storage tank may elect to proceed in accordance with the
3 requirements of this Title by submitting a written statement to
4 the Agency of such election. If the owner or operator elects to
5 proceed under the requirements of this Title all costs incurred
6 in connection with the incident prior to notification shall be
7 reimbursable in the same manner as was allowable under the then
8 existing law. Completion of corrective action shall then follow
9 the provisions of this Title.
10 (Source: P.A. 95-331, eff. 8-21-07.)
 
11     (415 ILCS 5/57.18 new)
12     Sec. 57.18. Additional remedial action required by change
13 in law; Agency's duty to propose amendment. If a change in
14 State or federal law requires additional remedial action in
15 response to releases for which No Further Remediation Letters
16 have been issued, the Agency shall propose in the next
17 convening of a regular session of the current General Assembly
18 amendments to this Title to allow owners and operators to
19 perform the additional remedial action and seek payment from
20 the Fund for the costs of the action.
 
21     (415 ILCS 5/57.19 new)
22     Sec. 57.19. Costs incurred after the issuance of a No
23 Further Remediation Letter. The following shall be considered
24 corrective action activities eligible for payment from the Fund

 

 

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1 even when an owner or operator conducts these activities after
2 the issuance of a No Further Remediation Letter. Corrective
3 action conducted under this Section and costs incurred under
4 this Section must comply with the requirements of this Title
5 and Board rules adopted under this Title.
6         (1) Corrective action to achieve residential property
7     remediation objectives if the owner or operator
8     demonstrates that property remediated to
9     industrial/commercial property remediation objectives
10     pursuant to subdivision (c)(3)(A)(ii) of Section 57.7 of
11     this Act is being developed into residential property.
12         (2) Corrective action to address groundwater
13     contamination if the owner or operator demonstrates that
14     action is necessary because a groundwater ordinance used as
15     an institutional control pursuant to subdivision
16     (c)(3)(A)(iii) of Section 57.7 of this Act can no longer be
17     used as an institutional control.
18         (3) Corrective action to address groundwater
19     contamination if the owner or operator demonstrates that
20     action is necessary because an on-site groundwater use
21     restriction used as an institutional control pursuant to
22     subdivision (c)(3)(A)(iv) of Section 57.7 of this Act must
23     be lifted in order to allow the installation of a potable
24     water supply well due to public water supply service no
25     longer being available for reasons other than an act or
26     omission of the owner or operator.
 

 

 

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