Full Text of SB1470 98th General Assembly
SB1470ham001 98TH GENERAL ASSEMBLY | Rep. John E. Bradley Filed: 5/16/2013
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| 1 | | AMENDMENT TO SENATE BILL 1470
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 1470 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Project Labor Agreements Act is amended by | 5 | | changing Section 10 as follows: | 6 | | (30 ILCS 571/10)
| 7 | | Sec. 10. Public works projects. On a project-by-project | 8 | | basis, a State department, agency, authority, board, or | 9 | | instrumentality that is under the control of the Governor shall | 10 | | include a project labor agreement on a public works project | 11 | | when that department, agency, authority, board, or | 12 | | instrumentality has determined that the agreement advances the | 13 | | State's interests of cost, efficiency, quality, safety, | 14 | | timeliness, skilled labor force, labor stability, or the | 15 | | State's policy to advance minority-owned and women-owned | 16 | | businesses and minority and female employment. For purposes of |
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| 1 | | this Act, any corrective action performed pursuant to Title XVI | 2 | | of the Environmental Protection Act for which payment from the | 3 | | Underground Storage Tank Fund is requested shall be considered | 4 | | a public works project.
| 5 | | (Source: P.A. 97-199, eff. 7-27-11.) | 6 | | Section 10. The Environmental Protection Act is amended by | 7 | | changing Sections 57.7 and 57.8 as follows: | 8 | | (415 ILCS 5/57.7) | 9 | | Sec. 57.7. Leaking underground storage tanks; site | 10 | | investigation and
corrective action. | 11 | | (a) Site investigation. | 12 | | (1) For any site investigation activities required by | 13 | | statute or rule,
the owner or operator shall submit to the | 14 | | Agency for approval a site
investigation plan designed to | 15 | | determine the nature, concentration, direction
of | 16 | | movement, rate of movement, and extent of the contamination | 17 | | as well as the
significant physical features of the site | 18 | | and surrounding area that may affect
contaminant transport | 19 | | and risk to human health and safety and the environment. | 20 | | (2) Any owner or operator intending to seek payment | 21 | | from the Fund shall
submit to the Agency for approval a | 22 | | site investigation budget that includes,
but is not limited | 23 | | to, an accounting of all costs associated with the
| 24 | | implementation and completion of the site investigation |
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| 1 | | plan. | 2 | | (3) Remediation objectives for the applicable | 3 | | indicator contaminants
shall be determined using the | 4 | | tiered approach to corrective action objectives
rules | 5 | | adopted by the Board pursuant to this Title and Title XVII | 6 | | of this Act.
For the purposes of this Title, "Contaminant | 7 | | of Concern" or "Regulated
Substance of Concern" in the | 8 | | rules means the applicable indicator contaminants
set | 9 | | forth in subsection (d) of this Section and the rules | 10 | | adopted thereunder. | 11 | | (4) Upon the Agency's approval of a site investigation | 12 | | plan, or as
otherwise directed by the Agency, the owner or | 13 | | operator shall conduct a site
investigation in accordance | 14 | | with the plan. | 15 | | (5) Within 30 days after completing the site | 16 | | investigation, the owner
or operator shall submit to the | 17 | | Agency for approval a site investigation
completion | 18 | | report. At a minimum the report shall include all of the | 19 | | following: | 20 | | (A) Executive summary. | 21 | | (B) Site history. | 22 | | (C) Site-specific sampling methods and results. | 23 | | (D) Documentation of all field activities, | 24 | | including quality assurance. | 25 | | (E) Documentation regarding the development of | 26 | | proposed remediation
objectives. |
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| 1 | | (F) Interpretation of results. | 2 | | (G) Conclusions. | 3 | | (b) Corrective action. | 4 | | (1) If the site investigation confirms none of the | 5 | | applicable indicator
contaminants exceed the proposed | 6 | | remediation objectives, within 30 days after
completing | 7 | | the site investigation the owner or operator shall submit | 8 | | to the
Agency for approval a corrective action completion | 9 | | report in accordance with
this Section. | 10 | | (2) If any of the applicable indicator contaminants | 11 | | exceed the
remediation objectives approved for the site, | 12 | | within 30 days after the Agency
approves the site | 13 | | investigation completion report the owner or operator | 14 | | shall
submit to the Agency for approval a corrective action | 15 | | plan designed to mitigate
any threat to human health, human | 16 | | safety, or the environment resulting from the
underground | 17 | | storage tank release. The plan shall describe the selected | 18 | | remedy
and evaluate its ability and effectiveness to | 19 | | achieve the remediation
objectives approved for the site. | 20 | | At a minimum, the report shall include all
of the | 21 | | following: | 22 | | (A) Executive summary. | 23 | | (B) Statement of remediation objectives. | 24 | | (C) Remedial technologies selected. | 25 | | (D) Confirmation sampling plan. | 26 | | (E) Current and projected future use of the |
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| 1 | | property. | 2 | | (F) Applicable preventive, engineering, and | 3 | | institutional controls
including long-term | 4 | | reliability, operating, and maintenance plans, and
| 5 | | monitoring procedures. | 6 | | (G) A schedule for implementation and completion | 7 | | of the plan. | 8 | | (3) Any owner or operator intending to seek payment | 9 | | from the Fund shall
submit to the Agency for approval a | 10 | | corrective action budget that includes,
but is not limited | 11 | | to, an accounting of all costs associated with the
| 12 | | implementation and completion of the corrective action | 13 | | plan. | 14 | | (4) Upon the Agency's approval of a corrective action | 15 | | plan, or as
otherwise directed by the Agency, the owner or | 16 | | operator shall proceed with
corrective action in | 17 | | accordance with the plan. | 18 | | (5) Within 30 days after the completion of a corrective | 19 | | action plan that
achieves applicable remediation | 20 | | objectives the owner or operator shall submit
to the Agency | 21 | | for approval a corrective action completion report. The | 22 | | report
shall demonstrate whether corrective action was | 23 | | completed in accordance with
the approved corrective | 24 | | action plan and whether the remediation objectives
| 25 | | approved for the site, as well as any other requirements of | 26 | | the plan, have
been achieved. |
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| 1 | | (6) If within 4 years after the approval of any | 2 | | corrective action plan
the applicable remediation | 3 | | objectives have not been achieved and the owner or
operator | 4 | | has not submitted a corrective action completion report, | 5 | | the owner or
operator must submit a status report for | 6 | | Agency review. The status report must
include, but is not | 7 | | limited to, a description of the remediation activities
| 8 | | taken to date, the effectiveness of the method of | 9 | | remediation being used, the
likelihood of meeting the | 10 | | applicable remediation objectives using the current
method | 11 | | of remediation, and the date the applicable remediation | 12 | | objectives are
expected to be achieved. | 13 | | (7) If the Agency determines any approved corrective | 14 | | action plan will
not achieve applicable remediation | 15 | | objectives within a reasonable time, based
upon the method | 16 | | of remediation and site specific circumstances, the Agency | 17 | | may
require the owner or operator to submit to the Agency | 18 | | for approval a revised
corrective action plan. If the owner | 19 | | or operator intends to seek payment from
the Fund, the | 20 | | owner or operator must also submit a revised budget. | 21 | | (c) Agency review and approval. | 22 | | (1) Agency approval of any plan and associated budget, | 23 | | as described in
this subsection (c), shall be considered | 24 | | final approval for purposes of
seeking and obtaining | 25 | | payment from the Underground Storage Tank Fund if the
costs | 26 | | associated with the completion of any such plan are less |
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| 1 | | than or equal
to the amounts approved in such budget. | 2 | | (2) In the event the Agency fails to approve, | 3 | | disapprove, or modify any
plan or report submitted pursuant | 4 | | to this Title in writing within 120 days
of the receipt by | 5 | | the Agency, the plan or report shall be considered to be
| 6 | | rejected by operation of law for purposes of this Title and | 7 | | rejected for
purposes of payment from the Underground | 8 | | Storage Tank Fund. | 9 | | (A) For purposes of those plans as identified in | 10 | | paragraph (5) of this
subsection (c), the Agency's | 11 | | review may be an audit procedure. Such review or
audit | 12 | | shall be consistent with the procedure for such review | 13 | | or audit as
promulgated by the Board under Section | 14 | | 57.14. The Agency has the authority to
establish an | 15 | | auditing program to verify compliance of such plans | 16 | | with the
provisions of this Title. | 17 | | (B) For purposes of corrective action plans | 18 | | submitted pursuant to
subsection (b) of this Section | 19 | | for which payment from the Fund is not being
sought, | 20 | | the Agency need not take action on such plan until 120 | 21 | | days after it
receives the corrective action | 22 | | completion report required under subsection (b)
of | 23 | | this Section. In the event the Agency approved the | 24 | | plan, it shall proceed
under the provisions of this | 25 | | subsection (c). | 26 | | (3) In approving any plan submitted pursuant to |
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| 1 | | subsection (a) or (b)
of this Section, the Agency shall | 2 | | determine, by a procedure promulgated by
the Board under | 3 | | Section 57.14, that the costs associated with the plan are
| 4 | | reasonable, will be incurred in the performance of site | 5 | | investigation or
corrective action, and will not be used | 6 | | for site investigation or corrective
action activities in | 7 | | excess of those required to meet the minimum requirements
| 8 | | of this Title. The Agency shall also determine, pursuant to | 9 | | the Project Labor Agreements Act, whether the corrective | 10 | | action shall include a project labor agreement if payment | 11 | | from the Underground Storage Tank Fund is to be requested. | 12 | | (A) For purposes of payment from the Fund, | 13 | | corrective action activities required to meet the | 14 | | minimum requirements of this Title shall include, but | 15 | | not be limited to, the following use of the Board's | 16 | | Tiered Approach to Corrective Action Objectives rules | 17 | | adopted under Title XVII of this Act: | 18 | | (i) For the site where the release occurred, | 19 | | the use of Tier 2 remediation objectives that are | 20 | | no more stringent than Tier 1 remediation | 21 | | objectives. | 22 | | (ii) The use of industrial/commercial property | 23 | | remediation objectives, unless the owner or | 24 | | operator demonstrates that the property being | 25 | | remediated is residential property or being | 26 | | developed into residential property. |
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| 1 | | (iii) The use of groundwater ordinances as | 2 | | institutional controls in accordance with Board | 3 | | rules. | 4 | | (iv) The use of on-site groundwater use | 5 | | restrictions as institutional controls in | 6 | | accordance with Board rules. | 7 | | (B) Any bidding process adopted under Board rules | 8 | | to determine the reasonableness of costs of corrective | 9 | | action must provide for a publicly-noticed, | 10 | | competitive, and sealed bidding process that includes, | 11 | | at a minimum, the following: | 12 | | (i) The owner or operator must issue | 13 | | invitations for bids that include, at a minimum, a | 14 | | description of the work being bid and applicable | 15 | | contractual terms and conditions. The criteria on | 16 | | which the bids will be evaluated must be set forth | 17 | | 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 | 25 | | contaminant" shall
mean, unless and until the Board promulgates | 26 | | regulations to the contrary, the
following: (i) if an |
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| 1 | | underground storage tank contains gasoline, the indicator
| 2 | | parameter shall be BTEX and Benzene; (ii) if the tank contained | 3 | | petroleum
products consisting of middle distillate or heavy | 4 | | ends, then the indicator
parameter shall be determined by a | 5 | | scan of PNA's taken from the location where
contamination is | 6 | | most likely to be present; and (iii) if the tank contained
used | 7 | | oil, then the indicator contaminant shall be those chemical | 8 | | constituents
which indicate the type of petroleum stored in an | 9 | | underground storage tank.
All references in this Title to | 10 | | groundwater objectives shall mean Class I
groundwater | 11 | | standards 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 | 6 | | prepared under
this Section shall be conducted or prepared | 7 | | under the supervision of a
licensed professional engineer and | 8 | | in 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 | 12 | | for State payment;
deferred correction election to commence | 13 | | corrective action upon availability of
funds. If an owner or | 14 | | operator is eligible to access the Underground Storage
Tank | 15 | | Fund pursuant to an Office of State Fire Marshal | 16 | | eligibility/deductible
final determination letter issued in | 17 | | accordance with Section 57.9, the owner or
operator may submit | 18 | | a complete application for final or partial payment to the
| 19 | | Agency for activities taken in response to a confirmed release. | 20 | | An owner or
operator may submit a request for partial or final | 21 | | payment regarding a site no
more frequently than once every 90 | 22 | | days.
| 23 | | (a) Payment after completion of corrective action | 24 | | measures.
The owner or operator may submit an application for | 25 | | payment for
activities performed at a site after completion of |
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| 1 | | the requirements of Sections
57.6 and 57.7, or after completion | 2 | | of any other required activities at the
underground storage | 3 | | tank 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) If the Agency determined under subsection |
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| 1 | | (c)(3) of Section 57.7 of this Act that corrective | 2 | | action must include a project labor agreement, a | 3 | | certification from the owner or operator that the | 4 | | corrective action was (i) performed under a project | 5 | | labor agreement that meets the requirements of Section | 6 | | 25 of the Project Labor Agreements Act and (ii) | 7 | | implemented in a manner consistent with the terms and | 8 | | conditions of the Project Labor Agreements Act and in | 9 | | full compliance with all statutes, regulations, and | 10 | | Executive Orders as required under that Act and the | 11 | | Prevailing Wage Act. | 12 | | (b) Commencement of site investigation or corrective | 13 | | action upon
availability of funds.
The Board shall adopt | 14 | | regulations setting forth procedures based on risk to
human | 15 | | health or the environment under which the owner or operator who | 16 | | has
received approval for any budget plan submitted pursuant to | 17 | | Section
57.7, and who is eligible for payment from the | 18 | | Underground Storage Tank Fund
pursuant to an Office of the | 19 | | State Fire Marshal eligibility and deductibility
| 20 | | determination, may elect to defer site investigation or | 21 | | corrective action activities until funds are available
in
an | 22 | | amount equal to the amount approved in the budget. The | 23 | | regulations
shall establish criteria based on risk to human | 24 | | health or the environment to be
used for determining on a | 25 | | site-by-site basis whether deferral is appropriate.
The | 26 | | regulations also shall establish the minimum investigatory |
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| 1 | | requirements for
determining whether the risk based criteria | 2 | | are present at a site considering
deferral and procedures for | 3 | | the notification of owners or operators of
insufficient funds, | 4 | | Agency review of request for deferral, notification of
Agency | 5 | | final decisions, returning deferred sites to active status, and
| 6 | | earmarking of funds for payment.
| 7 | | (c) When the owner or operator requests indemnification for | 8 | | payment of costs
incurred as a result of a release of petroleum | 9 | | from an underground storage
tank, if the owner or operator has | 10 | | satisfied the requirements of subsection (a)
of this Section, | 11 | | the Agency shall forward a copy of the request to the Attorney
| 12 | | General. The Attorney General shall review and approve the | 13 | | request for
indemnification if:
| 14 | | (1) there is a legally enforceable judgment entered | 15 | | against the owner or
operator and such judgment was entered | 16 | | due to harm caused by a release of
petroleum from an | 17 | | underground storage tank and such judgment was not entered | 18 | | as
a result of fraud; or
| 19 | | (2) a settlement with a third party due to a release of | 20 | | petroleum from an
underground storage tank is reasonable.
| 21 | | (d) Notwithstanding any other provision of this Title, the | 22 | | Agency shall not
approve payment to an owner or operator from | 23 | | the Fund for costs of corrective
action or indemnification | 24 | | incurred during a calendar year in excess of the
following | 25 | | aggregate amounts based on the number of petroleum underground
| 26 | | storage tanks owned or operated by such owner or operator in |
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| 1 | | Illinois.
| 2 | | Amount Number of Tanks
| 3 | | $2,000,000 ........................fewer than 101
| 4 | | $3,000,000 ................................101 or more
| 5 | | (1) Costs incurred in excess of the aggregate amounts | 6 | | set forth in
paragraph (1) of this subsection shall not be | 7 | | eligible for payment in
subsequent years.
| 8 | | (2) For purposes of this subsection, requests | 9 | | submitted by any of the
agencies, departments, boards, | 10 | | committees or commissions of the State of
Illinois shall be | 11 | | acted upon as claims from a single owner or operator.
| 12 | | (3) For purposes of this subsection, owner or operator | 13 | | includes (i) any
subsidiary, parent, or joint stock company | 14 | | of the owner or operator and (ii)
any company owned by any | 15 | | parent, subsidiary, or joint stock company of the
owner or | 16 | | operator.
| 17 | | (e) Costs of corrective action or indemnification incurred | 18 | | by an owner or
operator which have been paid to an owner or | 19 | | operator under a policy of
insurance, another written | 20 | | agreement, or a court order are not eligible for
payment under | 21 | | this Section. An owner or operator who receives payment under a
| 22 | | policy of insurance, another written agreement, or a court | 23 | | order shall
reimburse the State to the extent such payment | 24 | | covers costs for which payment
was received from the Fund. Any | 25 | | monies received by the State under this
subsection (e) shall be | 26 | | deposited into the Fund.
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| 1 | | (f) (Blank.)
| 2 | | (g) The Agency shall not approve any payment from the Fund | 3 | | to pay an owner
or operator:
| 4 | | (1) for costs of corrective action incurred by such | 5 | | owner or operator
in an
amount in excess of $1,500,000 per | 6 | | occurrence; and
| 7 | | (2) for costs of indemnification of such owner or | 8 | | operator in an amount in
excess of $1,500,000 per | 9 | | occurrence.
| 10 | | (h) Payment of any amount from the Fund for corrective | 11 | | action or
indemnification shall be subject to the State | 12 | | acquiring by subrogation the
rights of any owner, operator, or | 13 | | other person to recover the costs of
corrective action or | 14 | | indemnification for which the Fund has compensated such
owner, | 15 | | operator, or person from the person responsible or liable for | 16 | | the
release.
| 17 | | (i) If the Agency refuses to pay or authorizes only
a | 18 | | partial payment, the affected owner or operator may petition | 19 | | the Board for a
hearing in the manner provided for the review | 20 | | of permit decisions in Section 40
of this Act.
| 21 | | (j) Costs of corrective action or indemnification incurred | 22 | | by an owner or
operator prior to July 28, 1989, shall not be | 23 | | eligible for payment or
reimbursement under this Section.
| 24 | | (k) The Agency shall not pay costs of corrective action or
| 25 | | indemnification incurred before providing notification of the | 26 | | release of
petroleum in accordance with the provisions of this |
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| 1 | | Title.
| 2 | | (l) Corrective action does not include legal defense costs. | 3 | | Legal defense
costs include legal costs for seeking payment | 4 | | under this Title unless the owner
or operator prevails before | 5 | | the Board in which case the Board may authorize
payment of | 6 | | legal fees.
| 7 | | (m) The Agency may apportion payment of costs for plans | 8 | | submitted under
Section 57.7 if:
| 9 | | (1) the owner or operator was deemed eligible to access | 10 | | the Fund for
payment of corrective action costs for some, | 11 | | but not all, of the underground
storage tanks at the site; | 12 | | and
| 13 | | (2) the owner or operator failed to justify all costs | 14 | | attributable to each
underground storage tank at the site.
| 15 | | (n) The Agency shall not pay costs associated with a | 16 | | corrective action
plan incurred after the Agency provides
| 17 | | notification to the owner or operator pursuant to item (7) of | 18 | | subsection (b) of
Section 57.7 that a revised corrective action | 19 | | plan
is required. Costs associated with any subsequently | 20 | | approved corrective action
plan shall be eligible for | 21 | | reimbursement if they
meet the requirements of this Title.
| 22 | | (Source: P.A. 95-331, eff. 8-21-07.)
| 23 | | Section 15. The Prevailing Wage Act is amended by changing | 24 | | Section 2 as follows:
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| 1 | | (820 ILCS 130/2) (from Ch. 48, par. 39s-2)
| 2 | | Sec. 2. This Act applies to the wages of laborers, | 3 | | mechanics and
other workers employed in any public works, as | 4 | | hereinafter defined, by
any public body and to anyone under | 5 | | contracts for public works. This includes any maintenance, | 6 | | repair, assembly, or disassembly work performed on equipment | 7 | | whether owned, leased, or rented.
| 8 | | As used in this Act, unless the context indicates | 9 | | otherwise:
| 10 | | "Public works" means all fixed works constructed or | 11 | | demolished by
any public body,
or paid for wholly or in part | 12 | | out of public funds. "Public works" as
defined herein includes | 13 | | all projects financed in whole
or in part with bonds, grants, | 14 | | loans, or other funds made available by or through the State or | 15 | | any of its political subdivisions, including but not limited | 16 | | to: bonds issued under the Industrial Project Revenue Bond
Act | 17 | | (Article 11, Division 74 of the Illinois Municipal Code), the | 18 | | Industrial
Building Revenue Bond Act, the Illinois Finance | 19 | | Authority Act,
the Illinois Sports Facilities Authority Act, or | 20 | | the Build Illinois Bond Act; loans or other funds made
| 21 | | available pursuant to the Build Illinois Act; or funds from the | 22 | | Fund for
Illinois' Future under Section 6z-47 of the State | 23 | | Finance Act, funds for school
construction under Section 5 of | 24 | | the General Obligation Bond Act, funds
authorized under Section | 25 | | 3 of the School Construction Bond Act, funds for
school | 26 | | infrastructure under Section 6z-45 of the State Finance Act, |
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| 1 | | and funds
for transportation purposes under Section 4 of the | 2 | | General Obligation Bond
Act. "Public works" also includes (i) | 3 | | all projects financed in whole or in part
with funds from the | 4 | | Department of Commerce and Economic Opportunity under the | 5 | | Illinois Renewable Fuels Development Program
Act for which | 6 | | there is no project labor agreement; (ii) all work performed | 7 | | pursuant to a public private agreement under the Public Private | 8 | | Agreements for the Illiana Expressway Act; and (iii) all | 9 | | projects undertaken under a public-private agreement under the | 10 | | Public-Private Partnerships for Transportation Act. "Public | 11 | | works" also includes all projects at leased facility property | 12 | | used for airport purposes under Section 35 of the Local | 13 | | Government Facility Lease Act. "Public works" also includes the | 14 | | construction of a new wind power facility by a business | 15 | | designated as a High Impact Business under Section 5.5(a)(3)(E) | 16 | | of the Illinois Enterprise Zone Act.
"Public works" also | 17 | | includes any corrective action performed pursuant to Title XVI | 18 | | of the Environmental Protection Act for which payment from the | 19 | | Underground Storage Tank Fund is requested. "Public works" does | 20 | | not include work done directly by any public utility company, | 21 | | whether or not done under public supervision or direction, or | 22 | | paid for wholly or in part out of public funds. "Public works" | 23 | | does not include projects undertaken by the owner at an | 24 | | owner-occupied single-family residence or at an owner-occupied | 25 | | unit of a multi-family residence.
| 26 | | "Construction" means all work on public works involving |
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| 1 | | laborers,
workers or mechanics. This includes any maintenance, | 2 | | repair, assembly, or disassembly work performed on equipment | 3 | | whether owned, leased, or rented.
| 4 | | "Locality" means the county where the physical work upon | 5 | | public works
is performed, except (1) that if there is not | 6 | | available in the county a
sufficient number of competent | 7 | | skilled laborers, workers and mechanics
to construct the public | 8 | | works efficiently and properly, "locality"
includes any other | 9 | | county nearest the one in which the work or
construction is to | 10 | | be performed and from which such persons may be
obtained in | 11 | | sufficient numbers to perform the work and (2) that, with
| 12 | | respect to contracts for highway work with the Department of
| 13 | | Transportation of this State, "locality" may at the discretion | 14 | | of the
Secretary of the Department of Transportation be | 15 | | construed to include
two or more adjacent counties from which | 16 | | workers may be accessible for
work on such construction.
| 17 | | "Public body" means the State or any officer, board or | 18 | | commission of
the State or any political subdivision or | 19 | | department thereof, or any
institution supported in whole or in | 20 | | part by public funds,
and includes every county, city, town,
| 21 | | village, township, school district, irrigation, utility, | 22 | | reclamation
improvement or other district and every other | 23 | | political subdivision,
district or municipality of the state | 24 | | whether such political
subdivision, municipality or district | 25 | | operates under a special charter
or not.
| 26 | | The terms "general prevailing rate of hourly wages", |
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| 1 | | "general
prevailing rate of wages" or "prevailing rate of | 2 | | wages" when used in
this Act mean the hourly cash wages plus | 3 | | fringe benefits for training and
apprenticeship programs | 4 | | approved by the U.S. Department of Labor, Bureau of
| 5 | | Apprenticeship and Training, health and welfare, insurance, | 6 | | vacations and
pensions paid generally, in the
locality in which | 7 | | the work is being performed, to employees engaged in
work of a | 8 | | similar character on public works.
| 9 | | (Source: P.A. 96-28, eff. 7-1-09; 96-58, eff. 1-1-10; 96-186, | 10 | | eff. 1-1-10; 96-913, eff. 6-9-10; 96-1000, eff. 7-2-10; 97-502, | 11 | | eff. 8-23-11.)
| 12 | | Section 99. Effective date. This Act takes effect August 1, | 13 | | 2013.".
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