State of Illinois
92nd General Assembly
Legislation

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[ Engrossed ][ Enrolled ][ Senate Amendment 001 ]
[ Senate Amendment 002 ]


92_SB1968

 
                                               LRB9213215ACpk

 1        AN ACT concerning environmental safety.

 2        Be it enacted by the People of  the  State  of  Illinois,
 3    represented in the General Assembly:

 4        Section   5.  The Environmental Protection Act is amended
 5    by changing Sections 57, 57.2, 57.7, 57.8, 57.10, 58.2, 58.6,
 6    58.7, and 58.11 as follows:

 7        (415 ILCS 5/57)
 8        Sec. 57. Intent and purpose. This Title  shall  be  known
 9    and  may  be  cited  as  the Leaking Underground Storage Tank
10    Program (LUST).  The purpose of this Title is, in  accordance
11    with  the  requirements  of  the  Hazardous  and  Solid Waste
12    Amendments of 1984 of the Resource Conservation and  Recovery
13    Act  of  1976  and in accordance with the State's interest in
14    the protection of Illinois' land and water resources: (1)  to
15    adopt  procedures  for the remediation of underground storage
16    tank  sites  due  to  the  release  of  petroleum  and  other
17    substances  regulated   under   this   Title   from   certain
18    underground  storage  tanks  or  related tank systems; (2) to
19    establish and provide procedures for  a  Leaking  Underground
20    Storage  Tank  Program  which  will  oversee  and  review any
21    remediation required for leaking underground  storage  tanks,
22    and  administer  the  Underground  Storage  Tank Fund; (3) to
23    establish an Underground Storage Tank Fund intended to  be  a
24    State  fund  by  which  persons who qualify for access to the
25    Underground Storage  Tank  Fund  may  satisfy  the  financial
26    responsibility  requirements  under  applicable State law and
27    regulations;  (4)  to  establish  requirements  for  eligible
28    owners and operators of underground  storage  tanks  to  seek
29    payment   for   any   costs  associated  with  physical  soil
30    classification,     groundwater      investigation,      site
31    classification  and  corrective  action  from the Underground
 
                            -2-                LRB9213215ACpk
 1    Storage Tank Fund; and (5) to audit  and  approve  corrective
 2    action  efforts  performed by Licensed Professional Engineers
 3    and Licensed Professional Geologists.
 4    (Source: P.A. 91-357, eff. 7-29-99.)

 5        (415 ILCS 5/57.2)
 6        Sec. 57.2. Definitions. As used in this Title:
 7        "Audit" means a systematic inspection or  examination  of
 8    plans,  reports,  records,  or  documents  to  determine  the
 9    completeness   and  accuracy  of  the  data  and  conclusions
10    contained therein.
11        "Bodily injury" means bodily injury, sickness, or disease
12    sustained by a person, including death at any time, resulting
13    from a release of petroleum from an underground storage tank.
14        "Release"  means   any   spilling,   leaking,   emitting,
15    discharging,  escaping,  leaching  or  disposing of petroleum
16    from an underground storage tank  into  groundwater,  surface
17    water or subsurface soils.
18        "Fill  material"  means non-native or disturbed materials
19    used to bed and backfill around an underground storage tank.
20        "Fund" means the Underground Storage Tank Fund.
21        "Heating Oil" means petroleum that is No. 1, No. 2, No. 4
22    - light, No. 4 - heavy, No. 5 - light, No. 5 - heavy or No. 6
23    technical grades of fuel oil; and other  residual  fuel  oils
24    including Navy Special Fuel Oil and Bunker C.
25        "Indemnification"  means  indemnification  of an owner or
26    operator for the amount of any judgment entered  against  the
27    owner  or  operator  in a court of law, for the amount of any
28    final order  or  determination  made  against  the  owner  or
29    operator  by an agency of State government or any subdivision
30    thereof, or for the amount of any settlement entered into  by
31    the owner or operator, if the judgment, order, determination,
32    or  settlement arises out of bodily injury or property damage
33    suffered as a result  of  a  release  of  petroleum  from  an
 
                            -3-                LRB9213215ACpk
 1    underground  storage  tank  owned or operated by the owner or
 2    operator.
 3        "Corrective  action"  means  activities  associated  with
 4    compliance with the provisions of Sections 57.6 and  57.7  of
 5    this Title.
 6        "Occurrence"  means  an accident, including continuous or
 7    repeated exposure to conditions, that results in a sudden  or
 8    nonsudden release from an underground storage tank.
 9        When  used in connection with, or when otherwise relating
10    to, underground storage tanks, the terms "facility", "owner",
11    "operator", "underground storage tank", "(UST)",  "petroleum"
12    and "regulated substance" shall have the meanings ascribed to
13    them   in  Subtitle  I  of  the  Hazardous  and  Solid  Waste
14    Amendments  of  1984   (P.L.   98-616),   of   the   Resource
15    Conservation and Recovery Act of 1976 (P.L. 94-580); provided
16    however  that  the term "underground storage tank" shall also
17    mean an underground storage tank used  exclusively  to  store
18    heating  oil for consumptive use on the premises where stored
19    and which serves other than a farm or residential unit.
20        "Licensed  Professional   Engineer"   means   a   person,
21    corporation,  or  partnership  licensed under the laws of the
22    State of Illinois to practice professional engineering.
23        "Licensed Professional Geologist" means a person licensed
24    under the laws of the State of  Illinois  to  practice  as  a
25    professional geologist.
26        "Site" means any single location, place, tract of land or
27    parcel   of   property   including  contiguous  property  not
28    separated by a public right-of-way.
29        "Physical soil classification"  means  verification  that
30    subsurface  strata are as generally mapped in the publication
31    Illinois Geological Survey Circular (1984) titled  "Potential
32    for  Contamination of Shallow Aquifers in Illinois," by Berg,
33    Richard C., et al.  Such classification may include review of
34    soil borings, well logs,  physical  soil  analyses,  regional
 
                            -4-                LRB9213215ACpk
 1    geologic maps, or other scientific publications.
 2        "Property  damage"  means physical injury to, destruction
 3    of, or contamination  of  tangible  property,  including  all
 4    resulting  loss  of  use  of that property; or loss of use of
 5    tangible property that is not physically injured,  destroyed,
 6    or  contaminated, but has been evacuated, withdrawn from use,
 7    or rendered inaccessible because of a  release  of  petroleum
 8    from an underground storage tank.
 9        "Class  I  Groundwater"  means groundwater that meets the
10    Class I:  Potable Resource Groundwater criteria set forth  in
11    the  Board  regulations  adopted  pursuant  to  the  Illinois
12    Groundwater Protection Act.
13        "Class  III Groundwater" means groundwater that meets the
14    Class III:  Special Resource Groundwater criteria  set  forth
15    in  the  Board  regulations  adopted pursuant to the Illinois
16    Groundwater Protection Act.
17    (Source: P.A.  88-496;  89-428,  eff.  1-1-96;  89-457,  eff.
18    5-22-96.)

19        (415 ILCS 5/57.7)
20        Sec.  57.7.   Leaking underground storage tanks; physical
21    soil   classification,   groundwater   investigation,    site
22    classification, and corrective action.
23        (a)  Physical   soil   classification   and   groundwater
24    investigation.
25             (1)  Prior   to   conducting   any   physical   soil
26        classification  and  groundwater investigation activities
27        required by statute or regulation, the owner or  operator
28        shall  prepare  and submit to the Agency for the Agency's
29        approval or modification:
30                       (A)  a physical  soil  classification  and
31                  groundwater   investigation  plan  designed  to
32                  determine site  classification,  in  accordance
33                  with  subsection  (b)  of this Section, as High
 
                            -5-                LRB9213215ACpk
 1                  Priority, Low Priority, or No Further Action.
 2                       (B)  a  request  for  payment   of   costs
 3                  associated  with eligible early action costs as
 4                  provided  in  Section  57.6(b).   However,  for
 5                  purposes of payment  for  early  action  costs,
 6                  fill  materials  shall  not  be  removed  in an
 7                  amount in excess of 4  feet  from  the  outside
 8                  dimensions of the tank.
 9             (2)  If  the  owner  or  operator  intends  to  seek
10        payment  from  the Fund, prior to conducting any physical
11        soil   classification   and   groundwater   investigation
12        activities required by statute or regulation,  the  owner
13        or  operator  shall submit to the Agency for the Agency's
14        approval or   modification a physical soil classification
15        and groundwater investigation budget which includes,  but
16        is  not limited to, an accounting of all costs associated
17        with the implementation and completion  of  the  physical
18        soil classification and groundwater investigation plan.
19             (3)  Within  30  days  of completion of the physical
20        soil classification or groundwater  investigation  report
21        the owner or operator shall submit to the Agency:
22                  (A)  all   physical   soil  classification  and
23             groundwater investigation results; and
24                  (B)  a certification by a Licensed Professional
25             Engineer or Licensed Professional Geologist  of  the
26             site's   classification   as   High   Priority,  Low
27             Priority, or No Further Action  in  accordance  with
28             subsection (b) of this Section as High Priority, Low
29             Priority, or No Further Action.
30        (b)  Site Classification.
31             (1)  After   evaluation   of   the   physical   soil
32        classification  and  groundwater  investigation  results,
33        when  required,  and  general  site information, the site
34        shall  be  classified  as  "No  Further   Action",   "Low
 
                            -6-                LRB9213215ACpk
 1        Priority",  or  "High Priority" based on the requirements
 2        of this Section.  Site classification shall be determined
 3        by  a  Licensed   Professional   Engineer   or   Licensed
 4        Professional    Geologist    in   accordance   with   the
 5        requirements of this Title and the Licensed  Professional
 6        Engineer  or Licensed Professional Geologist shall submit
 7        a certification to the Agency of the site classification.
 8        The   Agency   has   the   authority   to   audit    site
 9        classifications   and   reject   or   modify   any   site
10        classification inconsistent with the requirements of this
11        Title.
12             (2)  Sites  shall be classified as No Further Action
13        if the criteria in subparagraph (A) are satisfied:
14                  (A)(i)  The  site  is  located   in   an   area
15             designated  D, E, F and G on the Illinois Geological
16             Survey  Circular  (1984)   titled   "Potential   for
17             Contamination  of  Shallow Aquifers in Illinois," by
18             Berg, Richard C., et al.;
19                  (ii)  A site evaluation under the direction  of
20             a   Licensed   Professional   Engineer  or  Licensed
21             Professional Geologist verifies  the  physical  soil
22             classification  conditions are consistent with those
23             indicated on the Illinois Geological Survey Circular
24             (1984)  titled  "Potential  for   Contamination   of
25             Shallow  Aquifers in Illinois," by Berg, Richard C.,
26             et al.; and
27                  (iii)  The conditions identified in subsections
28             (b) (3)(B), (C), (D), and (E) do not exist.
29                  (B)  Groundwater investigation  monitoring  may
30             be  required  to  confirm  that  a  site  meets  the
31             criteria  of  a  No  Further  Action site. The Board
32             shall adopt rules setting forth the  criteria  under
33             which  the  Agency  may  exercise  its discretionary
34             authority to require investigations and the  minimum
 
                            -7-                LRB9213215ACpk
 1             field requirements for conducting investigations.
 2             (3)  Sites  shall  be classified as High Priority if
 3        any of the following are met:
 4                  (A)  The site is located in an area  designated
 5             A1,  A2, A3, A4, A5, AX, B1, B2, BX, C1, C2, C3, C4,
 6             or C5 on the  Illinois  Geological  Survey  Circular
 7             (1984)   titled   "Potential  for  Contamination  of
 8             Shallow Aquifers in Illinois," by Berg, Richard  C.,
 9             et  al.;  a site evaluation under the direction of a
10             Licensed   Professional   Engineer    or    Licensed
11             Professional  Geologist  verifies  the physical soil
12             classifications conditions are consistent with those
13             indicated on the Illinois Geological Survey Circular
14             (1984)  entitled  "Potential  for  Contamination  of
15             Shallow Aquifers in Illinois," by Berg, Richard  C.,
16             et  al.;  and  the  results  of  the  physical  soil
17             classification    and    groundwater   investigation
18             indicate that an  applicable  indicator  contaminant
19             groundwater    quality   standard   or   groundwater
20             objective has been exceeded at the property boundary
21             line or 200 feet from the excavation,  whichever  is
22             less  as  a  consequence  of the underground storage
23             tank release.
24                  (B)  The underground storage tank is within the
25             minimum or maximum setback zone of a  potable  water
26             supply  well or regulated recharge area of a potable
27             water supply well.
28                  (C)  There is evidence that, through natural or
29             manmade pathways, migration of petroleum  or  vapors
30             threaten  human  health or human safety or may cause
31             explosions  in  basements,  crawl  spaces,   utility
32             conduits,  storm or sanitary sewers, vaults or other
33             confined spaces.
34                  (D)  Class  III  special  resource  groundwater
 
                            -8-                LRB9213215ACpk
 1             exists within 200 feet of the excavation.
 2                  (E)  A surface water body is adversely affected
 3             by the presence of a visible sheen or  free  product
 4             layer  as  the result of an underground storage tank
 5             release.
 6             (4)  Sites shall be classified as  Low  Priority  if
 7        all of the following are met:
 8                  (A)  The site does not meet any of the criteria
 9             for classification as a High Priority Site.
10                  (B) (i)  The site is located in area designated
11             A1,  A2, A3, A4, A5, AX, B1, B2, BX, C1, C2, C3, C4,
12             C5 on the Illinois Geological Survey Circular (1984)
13             entitled "Potential  for  Contamination  of  Shallow
14             Aquifers  in Illinois," by Berg, Richard C., et al.;
15             and
16                  (ii)  a site evaluation under the direction  of
17             a   Licensed   Professional   Engineer  or  Licensed
18             Professional Geologist verifies  the  physical  soil
19             classification  conditions are consistent with those
20             indicated on the Illinois Geological Survey Circular
21             (1984)  titled  "Potential  for   Contamination   of
22             Shallow  Aquifers in Illinois," by Berg, Richard C.,
23             et al.; and
24                  (iii)  the  results  of   the   physical   soil
25             classification  and groundwater investigation do not
26             indicate   an   applicable   indicator   contaminant
27             groundwater   quality   standard   or    groundwater
28             objective has been exceeded at the property boundary
29             line  or 200 feet from the underground storage tank,
30             whichever is less.
31             (5)  In the event the results of the  physical  soil
32        classification and any required groundwater investigation
33        reveal  that the actual site geologic characteristics are
34        different than those indicated by the Illinois Geological
 
                            -9-                LRB9213215ACpk
 1        Survey   Circular   (1984)    titled    "Potential    for
 2        Contamination  of  Shallow Aquifers in Illinois" by Berg,
 3        Richard C., et al., classification of the site  shall  be
 4        determined     using    the    actual    site    geologic
 5        characteristics.
 6             (6)  For purposes of physical  soil  classification,
 7        the  Board  is  authorized  to  prescribe  by  regulation
 8        alternatives  to  use  of  the Illinois Geological Survey
 9        Circular (1984) titled "Potential  for  Contamination  of
10        Shallow Aquifers in Illinois" by Berg, Richard C., et al.
11        (c)  Corrective Action.
12             (1)  High Priority Site.
13                  (A)  Prior  to  performance  of  any corrective
14             action, beyond that required  by  Section  57.6  and
15             subsection  (a)  of  Section  57.7  of this Act, the
16             owner or operator shall prepare and  submit  to  the
17             Agency  for  the Agency's approval or modification a
18             corrective action  plan  designed  to  mitigate  any
19             threat   to   human  health,  human  safety  or  the
20             environment resulting from the  underground  storage
21             tank release.
22                  (B)  If  the  owner or operator intends to seek
23             payment from the Fund, prior to performance  of  any
24             corrective  action  beyond  that required by Section
25             57.6 and subsection (a) of Section 57.7,  the  owner
26             or  operator  shall  submit  to  the  Agency for the
27             Agency's  approval  or  modification  a   corrective
28             action  plan  budget  which  includes,  but  is  not
29             limited  to,  an  accounting of all costs associated
30             with  the  implementation  and  completion  of   the
31             corrective action plan.
32                  (C)  The corrective action plan shall do all of
33             the following:
34                       (i)  Provide   that  applicable  indicator
 
                            -10-               LRB9213215ACpk
 1                  contaminant groundwater  quality  standards  or
 2                  groundwater  objectives will not be exceeded in
 3                  groundwater at the property  boundary  line  or
 4                  200  feet  from  the  excavation,  whichever is
 5                  less, or other level if approved by the Agency,
 6                  for   any   contaminant   identified   in   the
 7                  groundwater   investigation   after    complete
 8                  performance of the corrective action plan.
 9                       (ii)  Provide   that   Class  III  special
10                  resource  groundwater  quality  standards   for
11                  Class  III  special resource groundwater within
12                  200 feet of the excavation will not be exceeded
13                  as a result of  the  underground  storage  tank
14                  release    for    any   indicator   contaminant
15                  identified  in  the  groundwater  investigation
16                  after complete performance of  the   corrective
17                  action plan.
18                       (iii)  Remediate   threats   due   to  the
19                  presence  or   migration,  through  natural  or
20                  manmade    pathways,    of     petroleum     in
21                  concentrations  sufficient to harm human health
22                  or human  safety  or  to  cause  explosions  in
23                  basements,   crawl  spaces,  utility  conduits,
24                  storm  or  sanitary  sewers,  vaults  or  other
25                  confined spaces.
26                       (iv)  Remediate threats to a potable water
27                  supply.
28                       (v)  Remediate threats to a surface  water
29                  body.
30                  (D)  Within   30  days  of  completion  of  the
31             corrective  action,  the  owner  or  operator  shall
32             submit to the Agency such a completion  report  that
33             includes a description of the corrective action plan
34             and  a  description  of  the  corrective action work
 
                            -11-               LRB9213215ACpk
 1             performed and all  analytical  or  sampling  results
 2             derived  from  performance  of the corrective action
 3             plan.
 4                  (E)  The Agency shall issue  to  the  owner  or
 5             operator   a   no   further  remediation  letter  in
 6             accordance  with  Section  57.10  if  all   of   the
 7             following are met:
 8                       (i)  The   corrective   action  completion
 9                  report  demonstrates   that:   (a)   applicable
10                  indicator   contaminant   groundwater   quality
11                  standards  or  groundwater  objectives  are not
12                  exceeded at the property boundary line  or  200
13                  feet from the excavation, whichever is less, as
14                  a   result  of  the  underground  storage  tank
15                  release   for   any    indicator    contaminant
16                  identified  in  the  groundwater investigation;
17                  (b) Class III special use resource  groundwater
18                  quality  standards,  for  Class III special use
19                  resource groundwater within  200  feet  of  the
20                  underground storage tank, are not exceeded as a
21                  result  of the underground storage tank release
22                  for   any   contaminant   identified   in   the
23                  groundwater investigation; (c) the  underground
24                  storage  tank  release  does not threaten human
25                  health or human safety due to the  presence  or
26                  migration, through natural or manmade pathways,
27                  of   petroleum   or   hazardous  substances  in
28                  concentrations sufficient to harm human  health
29                  or  human  safety  or  to  cause  explosions in
30                  basements,  crawl  spaces,  utility   conduits,
31                  storm  or  sanitary  sewers,  vaults  or  other
32                  confined  spaces;  (d)  the underground storage
33                  tank release  does  not  threaten  any  surface
34                  water  body;  and  (e)  the underground storage
 
                            -12-               LRB9213215ACpk
 1                  tank release  does  not  threaten  any  potable
 2                  water supply.
 3                       (ii)  The owner or operator submits to the
 4                  Agency   a   certification   from   a  Licensed
 5                  Professional Engineer or Licensed  Professional
 6                  Geologist   that  the  work  described  in  the
 7                  approved  corrective  action  plan   has   been
 8                  completed and that the information presented in
 9                  the  corrective  action  completion  report  is
10                  accurate and complete.
11             (2)  Low Priority Site.
12                  (A)  Corrective  action  at a low priority site
13             must include groundwater monitoring consistent  with
14             part (B) of this paragraph (2).
15                  (B)  Prior  to  implementation  of  groundwater
16             monitoring,  the owner or operator shall prepare and
17             submit to the Agency a groundwater  monitoring  plan
18             and,  if  the  owner  or  operator  intends  to seek
19             payment under this Title, an associated budget which
20             includes, at a minimum, all of the following:
21                       (i)  Placement of  groundwater  monitoring
22                  wells at the property line, or at 200 feet from
23                  the  excavation  which ever is closer, designed
24                  to provide the greatest likelihood of detecting
25                  migration of groundwater contamination.
26                       (ii)  Quarterly groundwater sampling for a
27                  period of one year,  semi-annual  sampling  for
28                  the second year and annual groundwater sampling
29                  for  one  subsequent  year  for  all  indicator
30                  contaminants  identified during the groundwater
31                  investigation.
32                       (iii)  The annual submittal to the  Agency
33                  of a summary of groundwater sampling results.
34                  (C)  If   at   any  time  groundwater  sampling
 
                            -13-               LRB9213215ACpk
 1             results   indicate   a   confirmed   exceedence   of
 2             applicable indicator contaminant groundwater quality
 3             standards or groundwater objectives as a  result  of
 4             the  underground  storage tank release, the site may
 5             be reclassified as  a  High  Priority  Site  by  the
 6             Agency   at  any  time  before  the  Agency's  final
 7             approval of a Low  Priority  groundwater  monitoring
 8             completion  report. Agency review and approval shall
 9             be in accordance with paragraph  (4)  of  subsection
10             (c) of this Section. If the owner or operator elects
11             to appeal an Agency action to disapprove, modify, or
12             reject   by   operation   of   law  a  Low  Priority
13             groundwater monitoring completion report, the Agency
14             shall indicate to the Board in conjunction with such
15             appeal whether it intends to reclassify the site  as
16             High  Priority.  If a site is reclassified as a High
17             Priority Site, the owner or operator shall submit  a
18             corrective  action  plan  and  budget  to the Agency
19             within 120 days  of  the  confirmed  exceedence  and
20             shall initiate compliance with all corrective action
21             requirements for a High Priority Site.
22                  (D)  If,  throughout  the implementation of the
23             groundwater   monitoring   plan,   the   groundwater
24             sampling results do not  confirm  an  exceedence  of
25             applicable indicator contaminant groundwater quality
26             standards  or  groundwater objectives as a result of
27             the underground storage tank release, the  owner  or
28             operator  shall submit to the Agency a certification
29             of a  Licensed  Professional  Engineer  or  Licensed
30             Professional Geologist so stating.
31                  (E)  Unless   the  Agency  takes  action  under
32             subsection (b)(2)(C) to reclassify a  site  as  high
33             priority,  upon  receipt  of  a  certification  by a
34             Licensed   Professional   Engineer    or    Licensed
 
                            -14-               LRB9213215ACpk
 1             Professional   Geologist   submitted   pursuant   to
 2             paragraph (2) of subsection (c) of this Section, the
 3             Agency  shall  issue  to  the owner or operator a no
 4             further  remediation  letter  in   accordance   with
 5             Section 57.10.
 6             (3)  No Further Action Site.
 7                  (A)  No   Further   Action   sites  require  no
 8             remediation beyond that required in Section 57.6 and
 9             subsection (a) of  this  Section  if  the  owner  or
10             operator has submitted to the Agency a certification
11             by  a  Licensed  Professional  Engineer  or  License
12             Professional  Geologist  that  the site meets all of
13             the criteria for classification as No Further Action
14             in subsection (b) of this Section.
15                  (B)  Unless the Agency takes action  to  reject
16             or modify a site classification under subsection (b)
17             of  this  Section  or  the  site  classification  is
18             rejected  by  operation  of law under item (4)(B) of
19             subsection (c) of this Section, upon  receipt  of  a
20             certification by a Licensed Professional Engineer or
21             Licensed  Professional  Geologist submitted pursuant
22             to part (A) of paragraph (3) of  subsection  (c)  of
23             this Section, the Agency shall issue to the owner or
24             operator   a   no   further  remediation  letter  in
25             accordance with Section 57.10.
26             (4)  Agency review and approval.
27                  (A)  Agency approval of any plan and associated
28             budget, as described in  this  item  (4),  shall  be
29             considered  final  approval  for purposes of seeking
30             and obtaining payment from the  Underground  Storage
31             Tank   Fund   if   the  costs  associated  with  the
32             completion of any such plan are less than  or  equal
33             to the amounts approved in such budget.
34                  (B)  In  the event the Agency fails to approve,
 
                            -15-               LRB9213215ACpk
 1             disapprove, or modify any plan or  report  submitted
 2             pursuant to this Title in writing within 120 days of
 3             the  receipt by the Agency, the plan or report shall
 4             be considered to be rejected by operation of law for
 5             purposes of this Title and rejected for purposes  of
 6             payment  from  the  Leaking Underground Storage Tank
 7             Fund.
 8                       (i)  For  purposes  of  those   plans   as
 9                  identified   in   subparagraph   (E)   of  this
10                  subsection (c)(4), the Agency's review  may  be
11                  an audit procedure.  Such review or audit shall
12                  be  consistent  with  the  procedure  for  such
13                  review  or  audit  as  promulgated by the Board
14                  under item (7) of  subsection  (b)  of  Section
15                  57.14.   The   Agency   has  the  authority  to
16                  establish  an  auditing   program   to   verify
17                  compliance of such plans with the provisions of
18                  this Title.
19                       (ii)  For    purposes   of   those   plans
20                  submitted pursuant to Part (E)  (iii)  of  this
21                  paragraph  (4)  for which payment from the Fund
22                  is not being sought, the Agency need  not  take
23                  action  on  such  plan  until 120 days after it
24                  receives  the  corrective   action   completion
25                  report  required  under Section 57(c)(1)(D). In
26                  the event the  Agency  approved  the  plan,  it
27                  shall  proceed  under the provisions of Section
28                  57(c)(4).
29                  (C)  In approving any plan  submitted  pursuant
30             to  Part (E) of this paragraph (4), the Agency shall
31             determine, by a procedure promulgated by  the  Board
32             under  item  (7) of subsection (b) of Section 57.14,
33             that  the  costs  associated  with  the   plan   are
34             reasonable,  will  be incurred in the performance of
 
                            -16-               LRB9213215ACpk
 1             corrective  action,  and  will  not  be   used   for
 2             corrective  action  activities  in  excess  of those
 3             required to meet the minimum  requirements  of  this
 4             title.
 5                  (D)  For  any plan or report received after the
 6             effective date of this amendatory Act of  1993,  any
 7             action  by the Agency to disapprove or modify a plan
 8             submitted pursuant to this Title shall  be  provided
 9             to  the owner or operator in writing within 120 days
10             of the receipt by the Agency or, in the  case  of  a
11             corrective  action  plan  for  which  payment is not
12             being sought, within 120  days  of  receipt  of  the
13             corrective  action  completion  report, and shall be
14             accompanied by:
15                       (i)  an explanation  of  the  Sections  of
16                  this  Act  which  may  be violated if the plans
17                  were approved;
18                       (ii)  an explanation of the provisions  of
19                  the  regulations,  promulgated  under this Act,
20                  which  may  be  violated  if  the   plan   were
21                  approved;
22                       (iii)  an explanation of the specific type
23                  of  information, if any, which the Agency deems
24                  the applicant did not provide the Agency; and
25                       (iv)  a statement of specific reasons  why
26                  the Act and the regulations might not be met if
27                  the plan were approved.
28                  Any  action  by  the  Agency  to  disapprove or
29             modify a plan or report or the rejection of any plan
30             or report by operation of law shall  be  subject  to
31             appeal   to   the   Board  in  accordance  with  the
32             procedures of Section 40. If the owner  or  operator
33             elects  to incorporate modifications required by the
34             Agency rather than appeal, an amended plan shall  be
 
                            -17-               LRB9213215ACpk
 1             submitted to the Agency within 35 days of receipt of
 2             the Agency's written notification.
 3                  (E)  For  purposes  of  this  Title,  the  term
 4             "plan" shall include:
 5                       (i)  Any  physical soil classification and
 6                  groundwater   investigation   plan    submitted
 7                  pursuant  to  item  (1)(A) of subsection (a) of
 8                  this Section,  or  budget  under  item  (2)  of
 9                  subsection (a) of this Section;
10                       (ii)  Any  groundwater  monitoring plan or
11                  budget   submitted   pursuant   to   subsection
12                  (c)(2)(B) of this Section;
13                       (iii)  Any    corrective    action    plan
14                  submitted pursuant to subsection  (c)(1)(A)  of
15                  this Section; or
16                       (iv)  Any  corrective  action  plan budget
17                  submitted pursuant to subsection  (c)(1)(B)  of
18                  this Section.
19        (d)  For  purposes  of  this  Title,  the term "indicator
20    contaminant"  shall  mean,  unless  and   until   the   Board
21    promulgates  regulations  to the contrary, the following: (i)
22    if  an  underground  storage  tank  contains  gasoline,   the
23    indicator  parameter  shall  be BTEX and Benzene; (ii) if the
24    tank  contained  petroleum  products  consisting  of   middle
25    distillate  or heavy ends, then the indicator parameter shall
26    be determined by a scan of  PNA's  taken  from  the  location
27    where  contamination  is most likely to be present; and (iii)
28    if  the  tank  contained  used  oil,   then   the   indicator
29    contaminant   shall  be  those  chemical  constituents  which
30    indicate the type  of  petroleum  stored  in  an  underground
31    storage  tank.    All references in this Title to groundwater
32    objectives  shall  mean  Class  I  groundwater  standards  or
33    objectives as applicable.
34        (e) (1)  Notwithstanding the provisions of this  Section,
 
                            -18-               LRB9213215ACpk
 1        an owner or operator may proceed to conduct physical soil
 2        classification,     groundwater    investigation,    site
 3        classification or other corrective action  prior  to  the
 4        submittal  or approval of an otherwise required plan.  If
 5        the owner or operator elects to so proceed, an applicable
 6        plan shall be filed with the Agency at  any  time.   Such
 7        plan  shall  detail the steps taken to determine the type
 8        of corrective action which  was  necessary  at  the  site
 9        along with the corrective action taken or to be taken, in
10        addition  to costs associated with activities to date and
11        anticipated costs.
12             (2)  Upon  receipt  of  a   plan   submitted   after
13        activities  have  commenced  at  a site, the Agency shall
14        proceed to review in the same manner  as  required  under
15        this  Title.   In the event the Agency disapproves all or
16        part of the costs, the owner or operator may appeal  such
17        decision  to  the Board.  The owner or operator shall not
18        be eligible to be reimbursed for such  disapproved  costs
19        unless  and  until  the  Board determines that such costs
20        were eligible for payment.
21    (Source: P.A. 88-496;  88-668,  eff.  9-16-94;  89-428,  eff.
22    1-1-96; 89-457, eff. 5-22-96.)

23        (415 ILCS 5/57.8)
24        Sec.   57.8.  Underground  Storage  Tank  Fund;  payment;
25    options for State payment; deferred  correction  election  to
26    commence  corrective action upon availability of funds. If an
27    owner or operator  is  eligible  to  access  the  Underground
28    Storage Tank Fund pursuant to an Office of State Fire Marshal
29    eligibility/deductible  final  determination letter issued in
30    accordance with Section  57.9,  the  owner  or  operator  may
31    submit a complete application for final or partial payment to
32    the  Agency  for  activities taken in response to a confirmed
33    release. An owner  or  operator  may  submit  a  request  for
 
                            -19-               LRB9213215ACpk
 1    partial  or final payment regarding a site no more frequently
 2    than once every 90 days.
 3        (a)  Payment  after  completion  of   corrective   action
 4    measures. The owner or operator may submit an application for
 5    payment  for  activities performed at a site after completion
 6    of the requirements of  Sections  57.6  and  57.7,  or  after
 7    completion   of   any   other   required  activities  at  the
 8    underground storage tank site.
 9             (1)  In the case of any approved plan and budget for
10        which payment is being sought, the Agency  shall  make  a
11        payment  determination  within 120 days of receipt of the
12        application.  Such determination shall  be  considered  a
13        final  decision.  The Agency's review shall be limited to
14        generally accepted auditing and accounting practices.  In
15        no case shall the Agency conduct additional review of any
16        plan  which  was  completed  within  the  budget,  beyond
17        auditing for adherence to the corrective action  measures
18        in  the  proposal.   If  the  Agency fails to approve the
19        payment application within  120  days,  such  application
20        shall  be  deemed  approved  by  operation of law and the
21        Agency shall proceed to reimburse the owner  or  operator
22        the   amount   requested   in  the  payment  application.
23        However, in no event shall the Agency reimburse the owner
24        or operator an amount greater than the amount approved in
25        the plan.
26             (2)  If  sufficient  funds  are  available  in   the
27        Underground  Storage  Tank Fund, the Agency shall, within
28        60 days, forward to the Office of the State Comptroller a
29        voucher  in  the  amount  approved  under   the   payment
30        application.
31             (3)  In  the  case of insufficient funds, the Agency
32        shall form  a priority list for payment and shall  notify
33        persons in such priority list monthly of the availability
34        of  funds  and when payment shall be made.  Payment shall
 
                            -20-               LRB9213215ACpk
 1        be made  to  the  owner  or  operator  at  such  time  as
 2        sufficient   funds   become   available   for  the  costs
 3        associated with corrective action and costs expended  for
 4        activities  performed  where  no proposal is required, if
 5        applicable.  Such priority list shall be available to any
 6        owner or operator  upon  request.  Priority  for  payment
 7        shall  be  determined  by  the date the Agency receives a
 8        complete request for  partial  or  final  payment.   Upon
 9        receipt   of   notification  from  the  Agency  that  the
10        requirements of this Title have been met, the Comptroller
11        shall make payment to the owner or operator of the amount
12        approved by the Agency, if sufficient money exists in the
13        Fund.  If there is insufficient money in the  Fund,  then
14        payment  shall  not  be  made.   If the owner or operator
15        appeals a final Agency payment determination  and  it  is
16        determined  that  the  owner  or operator is eligible for
17        payment or additional payment, the priority date for  the
18        payment  or  additional  payment shall be the same as the
19        priority  date  assigned  to  the  original  request  for
20        partial or final payment.
21             (4)  Any deductible, as determined pursuant  to  the
22        Office  of  the  State  Fire  Marshal's  eligibility  and
23        deductibility  final  determination  in  accordance  with
24        Section  57.9,  shall  be  subtracted  from  any  payment
25        invoice  paid to an eligible owner or operator.  Only one
26        deductible shall apply per underground storage tank site.
27             (5)  In the event that costs are or will be incurred
28        in addition to those approved by  the  Agency,  or  after
29        payment,  the  owner  or  operator  may submit successive
30        plans containing amended budgets.   The  requirements  of
31        Section 57.7 shall apply to any amended plans.
32             (6)  For   purposes  of  this  Section,  a  complete
33        application shall consist of:
34                  (A)  A   certification    from    a    Licensed
 
                            -21-               LRB9213215ACpk
 1             Professional   Engineer   or  Licensed  Professional
 2             Geologist  as  required   under   this   Title   and
 3             acknowledged by the owner or operator.
 4                  (B)  A  statement of the amount approved in the
 5             plan and the  amount  actually  sought  for  payment
 6             along  with a certified statement that the amount so
 7             sought shall be expended  in  conformance  with  the
 8             approved budget.
 9                  (C)  A  copy  of  the  Office of the State Fire
10             Marshal's     eligibility     and      deductibility
11             determination.
12                  (D)  Proof   that   approval   of  the  payment
13             requested will not result  in  the  limitations  set
14             forth  in  subsection  (g)  of  this  Section  being
15             exceeded.
16                  (E)  A  federal  taxpayer identification number
17             and legal status disclosure certification on a  form
18             prescribed and provided by the Agency.
19        (b)  Commencement  of corrective action upon availability
20    of funds. The Board shall  adopt  regulations  setting  forth
21    procedures  based  on risk to human health or the environment
22    under which the owner or operator who has  received  approval
23    for  any  budget plan submitted pursuant to Section 57.7, and
24    who is eligible for payment from the Underground Storage Tank
25    Fund  pursuant  to  an  Office  of  the  State  Fire  Marshal
26    eligibility and deductibility  determination,  may  elect  to
27    defer   site   classification,   low   priority   groundwater
28    monitoring,   or   remediation  activities  until  funds  are
29    available in an amount equal to the amount  approved  in  the
30    budget  plan.  The regulations shall establish criteria based
31    on risk to human health or the environment  to  be  used  for
32    determining  on  a  site-by-site  basis  whether  deferral is
33    appropriate.    The  regulations  also  shall  establish  the
34    minimum investigatory requirements  for  determining  whether
 
                            -22-               LRB9213215ACpk
 1    the  risk  based  criteria  are present at a site considering
 2    deferral and procedures for the  notification  of  owners  or
 3    operators of insufficient funds, Agency review of request for
 4    deferral,  notification  of Agency final decisions, returning
 5    deferred sites to active status, and earmarking of funds  for
 6    payment.
 7        (c)  When  the owner or operator requests indemnification
 8    for payment of costs incurred as a result  of  a  release  of
 9    petroleum  from  an underground storage tank, if the owner or
10    operator has satisfied the requirements of subsection (a)  of
11    this  Section, the Agency shall forward a copy of the request
12    to the Attorney General.  The Attorney General  shall  review
13    and approve the request for indemnification if:
14             (1)  there is a legally enforceable judgment entered
15        against  the  owner  or  operator  and  such judgment was
16        entered due to harm caused by a release of petroleum from
17        an underground storage tank and  such  judgment  was  not
18        entered as a result of fraud; or
19             (2)  a  settlement  with  a  third  party  due  to a
20        release of petroleum from an underground storage tank  is
21        reasonable.
22        (d)  Notwithstanding  any  other provision of this Title,
23    the Agency shall not approve payment to an owner or  operator
24    from   the   Fund   for   costs   of   corrective  action  or
25    indemnification incurred during a calendar year in excess  of
26    the  following  aggregate  amounts  based  on  the  number of
27    petroleum underground storage tanks owned or operated by such
28    owner or operator in Illinois.
29             Amount                               Number of Tanks
30             $1,000,000............................fewer than 101
31             $2,000,000...............................101 or more
32             (1)  Costs  incurred  in  excess  of  the  aggregate
33        amounts set forth in paragraph  (1)  of  this  subsection
34        shall not be eligible for payment in subsequent years.
 
                            -23-               LRB9213215ACpk
 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
 4        be acted upon as claims from a single owner or operator.
 5             (3)  For  purposes  of  this  subsection,  owner  or
 6        operator includes (i) any subsidiary,  parent,  or  joint
 7        stock  company  of  the  owner  or  operator and (ii) any
 8        company owned by any parent, subsidiary, or  joint  stock
 9        company of the owner or operator.
10        (e)  Costs   of   corrective  action  or  indemnification
11    incurred by an owner or operator which have been paid  to  an
12    owner  or  operator  under  a  policy  of  insurance, another
13    written agreement, or a court  order  are  not  eligible  for
14    payment  under  this  Section.   An  owner  or  operator  who
15    receives payment under a policy of insurance, another written
16    agreement,  or a court order shall reimburse the State to the
17    extent such  payment  covers  costs  for  which  payment  was
18    received  from  the  Fund.   Any monies received by the State
19    under this subsection (e) shall be deposited into the Fund.
20        (f)  Until  the  Board  adopts  regulations  pursuant  to
21    Section 57.14, handling charges are eligible for payment only
22    if they are equal to or less than the  amount  determined  by
23    the following table:
24        Subcontract or field      Eligible Handling Charges
25        Purchase Cost             as a Percentage of Cost

26        $0 - $5,000...........................................12%
27        $5,001 - $15,000.............$600+10% of amt. over $5,000
28        $15,001 - $50,000...........$1600+8% of amt. over $15,000
29        $50,001 - $100,000..........$4400+5% of amt. over $50,000
30        $100,001 - $1,000,000......$6900+2% of amt. over $100,000
31        (g)  The  Agency  shall  not approve any payment from the
32    Fund to pay an owner or operator:
33             (1)  for costs of corrective action incurred by such
34        owner or operator in an amount in  excess  of  $1,000,000
 
                            -24-               LRB9213215ACpk
 1        per occurrence; and
 2             (2)  for  costs  of indemnification of such owner or
 3        operator  in  an  amount  in  excess  of  $1,000,000  per
 4        occurrence.
 5        (h)  Payment of any amount from the Fund  for  corrective
 6    action  or  indemnification  shall  be  subject  to the State
 7    acquiring by subrogation the rights of any  owner,  operator,
 8    or  other person to recover the costs of corrective action or
 9    indemnification for  which  the  Fund  has  compensated  such
10    owner,  operator,  or  person  from the person responsible or
11    liable for the release.
12        (i)  If the Agency refuses to pay or  authorizes  only  a
13    partial  payment, the affected owner or operator may petition
14    the Board for a hearing in the manner provided for the review
15    of permit decisions in Section 40 of this Act.
16        (j)  Costs  of  corrective  action   or   indemnification
17    incurred  by  an  owner  or  operator prior to July 28, 1989,
18    shall not be eligible for payment or reimbursement under this
19    Section.
20        (k)  The Agency shall not pay costs of corrective  action
21    or  indemnification incurred before providing notification of
22    the release of petroleum in accordance with the provisions of
23    this Title.
24        (l)  Corrective action does  not  include  legal  defense
25    costs.   Legal  defense costs include legal costs for seeking
26    payment  under  this  Title  unless  the  owner  or  operator
27    prevails before  the  Board  in  which  case  the  Board  may
28    authorize payment of legal fees.
29        (m)  The  Agency may apportion payment of costs for plans
30    submitted under Section 57.7(c)(4)(E)(iii) if:
31             (1)  the owner or operator was  deemed  eligible  to
32        access  the  Fund  for payment of corrective action costs
33        for some, but not all, of the underground  storage  tanks
34        at the site; and
 
                            -25-               LRB9213215ACpk
 1             (2)  the  owner  or  operator  failed to justify all
 2        costs attributable to each underground  storage  tank  at
 3        the site.
 4    (Source: P.A. 91-357, eff. 7-29-99.)

 5        (415 ILCS 5/57.10)
 6        Sec.   57.10.    Professional  Engineer  or  Professional
 7    Geologist certification; presumptions against liability.
 8        (a)  Within 120 days of the  Agency's  receipt  of  a  No
 9    Further  Action  site  classification  report, a Low Priority
10    groundwater monitoring report, or a High Priority  corrective
11    action completion report, the Agency shall issue to the owner
12    or  operator  a  "no  further  remediation letter" unless the
13    Agency has requested a modification, issued a rejection under
14    subsection (d) of  this  Section,  or  the  report  has  been
15    rejected by operation of law.
16        (b)  By   certifying   such   a   statement,  a  Licensed
17    Professional  Engineer  or  Licensed  Professional  Geologist
18    shall in no way be liable thereon,  unless  the  engineer  or
19    geologist  gave  such certification despite his or her actual
20    knowledge that the performed measures were not in  compliance
21    with  applicable  statutory or regulatory requirements or any
22    plan submitted to the Agency.
23        (c)  The Agency's issuance of a  no  further  remediation
24    letter  shall  signify,  based  on  the  certification of the
25    Licensed  Professional  Engineer  or  Licensed   Professional
26    Geologist, that:
27             (1)    all   statutory   and  regulatory  corrective
28        action requirements applicable  to  the  occurrence  have
29        been complied with;
30             (2)  all    corrective    action    concerning   the
31        remediation of the occurrence has been completed; and
32             (3)  no further  corrective  action  concerning  the
33        occurrence  is  necessary  for  the  protection  of human
 
                            -26-               LRB9213215ACpk
 1        health, safety and the environment.
 2        (d)  The no further remediation letter issued under  this
 3    Section shall apply in favor of the following parties:
 4             (1)  The  owner  or  operator to whom the letter was
 5        issued.
 6             (2)  Any parent corporation or  subsidiary  of  such
 7        owner or operator.
 8             (3)  Any  co-owner  or  co-operator, either by joint
 9        tenancy,  right-of-survivorship,  or  any   other   party
10        sharing  a  legal relationship with the owner or operator
11        to whom the letter is issued.
12             (4)  Any holder of a beneficial interest of  a  land
13        trust   or   inter   vivos  trust  whether  revocable  or
14        irrevocable.
15             (5)  Any mortgagee or trustee of a deed of trust  of
16        such owner or operator.
17             (6)  Any  successor-in-interest  of  such  owner  or
18        operator.
19             (7)  Any   transferee  of  such  owner  or  operator
20        whether the transfer was by sale, bankruptcy  proceeding,
21        partition,   dissolution   of   marriage,  settlement  or
22        adjudication of any civil  action,  charitable  gift,  or
23        bequest.
24             (8)  Any heir or devisee or such owner or operator.
25        (e)  If  the  Agency  notifies the owner or operator that
26    the "no further remediation" letter has  been  rejected,  the
27    grounds  for such rejection shall be described in the notice.
28    Such a decision shall be a final determination which  may  be
29    appealed by the owner or operator.
30        (f)  The  Board  shall  adopt  rules  setting  forth  the
31    criteria  under  which  the  Agency  may  require an owner or
32    operator to  conduct  further  investigation  or  remediation
33    related  to  a  release  for  which  a no further remediation
34    letter has been issued.
 
                            -27-               LRB9213215ACpk
 1        (g)  Holders of security interests in  sites  subject  to
 2    the  requirements  of this Title XVI shall be entitled to the
 3    same protections and subject  to  the  same  responsibilities
 4    provided under general regulations promulgated under Subtitle
 5    I  of  the Hazardous and Solid Waste Amendments of 1984 (P.L.
 6    98-616) of the Resource Conservation and Recovery Act of 1976
 7    (P.L. 94-580).
 8    (Source: P.A.  88-496;  89-428,  eff.  1-1-96;  89-457,  eff.
 9    5-22-96.)

10        (415 ILCS 5/58.2)
11        Sec.  58.2. Definitions.  The following words and phrases
12    when used in this Title shall have the meanings given to them
13    in  this  Section  unless  the  context   clearly   indicates
14    otherwise:
15        "Agrichemical   facility"   means   a   site   on   which
16    agricultural  pesticides  are  stored or handled, or both, in
17    preparation for end use, or distributed.  The term  does  not
18    include basic manufacturing facility sites.
19        "ASTM"   means  the  American  Society  for  Testing  and
20    Materials.
21        "Area  background"  means  concentrations  of   regulated
22    substances  that  are consistently present in the environment
23    in the vicinity of a site that  are  the  result  of  natural
24    conditions  or human activities, and not the result solely of
25    releases at the site.
26        "Brownfields site" or "brownfields"  means  a  parcel  of
27    real property, or a portion of the parcel, that has actual or
28    perceived   contamination   and   an   active  potential  for
29    redevelopment.
30        "Class I groundwater" means groundwater  that  meets  the
31    Class  I  Potable  Resource groundwater criteria set forth in
32    the  Board  rules  adopted  under  the  Illinois  Groundwater
33    Protection Act.
 
                            -28-               LRB9213215ACpk
 1        "Class III groundwater" means groundwater that meets  the
 2    Class  III Special Resource Groundwater criteria set forth in
 3    the  Board  rules  adopted  under  the  Illinois  Groundwater
 4    Protection Act.
 5        "Carcinogen" means a contaminant that is classified as  a
 6    Category  A1  or  A2 Carcinogen by the American Conference of
 7    Governmental Industrial Hygienists; or a Category 1 or  2A/2B
 8    Carcinogen  by  the  World Health Organizations International
 9    Agency for Research on Cancer; or  a  "Human  Carcinogen"  or
10    "Anticipated   Human   Carcinogen"   by   the  United  States
11    Department of Health and Human Service National Toxicological
12    Program; or a Category A or B1/B2 Carcinogen  by  the  United
13    States  Environmental  Protection  Agency  in Integrated Risk
14    Information System or  a  Final  Rule  issued  in  a  Federal
15    Register notice by the USEPA as of the effective date of this
16    amendatory Act of 1995.
17        "Licensed  Professional  Engineer"  (LPE) means a person,
18    corporation, or partnership licensed under the laws  of  this
19    State to practice professional engineering.
20        "Licensed Professional Geologist" means a person licensed
21    under  the  laws  of  the  State of Illinois to practice as a
22    professional geologist.
23        "RELPEG" means a  Licensed  Professional  Engineer  or  a
24    Licensed   Professional   Geologist  engaged  in  review  and
25    evaluation under this Title.
26        "Man-made pathway"  means  constructed  routes  that  may
27    allow  for  the  transport of regulated substances including,
28    but not limited to, sewers, utility  lines,  utility  vaults,
29    building   foundations,  basements,  crawl  spaces,  drainage
30    ditches, or previously excavated and filled areas.
31        "Municipality" means an incorporated  city,  village,  or
32    town in this State.  "Municipality" does not mean a township,
33    town  when that term is used as the equivalent of a township,
34    incorporated town  that  has  superseded  a  civil  township,
 
                            -29-               LRB9213215ACpk
 1    county, or school district, park district, sanitary district,
 2    or similar governmental district.
 3        "Natural  pathway" means natural routes for the transport
 4    of regulated substances including, but not limited to,  soil,
 5    groundwater,  sand  seams  and  lenses,  and gravel seams and
 6    lenses.
 7        "Person"  means  individual,  trust,  firm,  joint  stock
 8    company,  joint  venture,  consortium,   commercial   entity,
 9    corporation    (including    a    government    corporation),
10    partnership,  association,  State,  municipality, commission,
11    political subdivision of a  State,  or  any  interstate  body
12    including  the  United States Government and each department,
13    agency, and instrumentality of the United States.
14        "Regulated substance" means any  hazardous  substance  as
15    defined   under   Section   101(14)   of   the  Comprehensive
16    Environmental Response, Compensation, and  Liability  Act  of
17    1980 (P.L. 96-510) and petroleum products including crude oil
18    or  any  fraction  thereof, natural gas, natural gas liquids,
19    liquefied natural gas, or synthetic gas usable for  fuel  (or
20    mixtures of natural gas and such synthetic gas).
21        "Remedial   action"   means  activities  associated  with
22    compliance with the provisions of Sections 58.6 and 58.7.
23        "Remediation Applicant" (RA) means any person seeking  to
24    perform  or  performing  investigative or remedial activities
25    under this Title, including the owner or operator of the site
26    or persons authorized by law or consent  to act on behalf  of
27    or in lieu of the owner or operator of the site.
28        "Remediation  costs"  means  reasonable  costs  paid  for
29    investigating and remediating regulated substances of concern
30    consistent with the remedy selected for a site.  For purposes
31    of Section 58.14, "remediation costs" shall not include costs
32    incurred  prior  to January 1, 1998, costs incurred after the
33    issuance of a No Further  Remediation  Letter  under  Section
34    58.10  of  this  Act,  or  costs incurred more than 12 months
 
                            -30-               LRB9213215ACpk
 1    prior to acceptance into the Site Remediation Program.
 2        "Residential property" means any real  property  that  is
 3    used  for  habitation  by individuals and other property uses
 4    defined by Board rules such as education, health care,  child
 5    care and related uses.
 6        "Site" means any single location, place, tract of land or
 7    parcel  of property, or portion thereof, including contiguous
 8    property separated by a public  right-of-way.
 9        "Regulated substance of concern"  means  any  contaminant
10    that  is  expected  to be present at the site based upon past
11    and current land uses and associated releases that are  known
12    to the Remediation Applicant based upon reasonable inquiry.
13    (Source:  P.A.  89-431,  eff.  12-15-95; 89-443, eff. 7-1-96;
14    90-123, eff. 7-21-97.)

15        (415 ILCS 5/58.6)
16        Sec. 58.6.  Remedial investigations and reports.
17        (a)  Any RA who proceeds under this Title  may  elect  to
18    seek   review   and  approval  for  any  of  the  remediation
19    objectives provided in Section 58.5 for any or all  regulated
20    substances  of  concern.  The RA shall conduct investigations
21    and  remedial activities for regulated substances of  concern
22    and prepare plans and reports in accordance with this Section
23    and  rules  adopted hereunder.  The RA shall submit the plans
24    and reports  for  review  and  approval  in  accordance  with
25    Section   58.7.    All  investigations,  plans,  and  reports
26    conducted or prepared under this Section shall be  under  the
27    supervision  of  a  Licensed  Professional  Engineer (LPE) or
28    Licensed  Professional  Geologist  in  accordance  with   the
29    requirements of this Title.
30        (b) (1)  Site   investigation   and   Site  Investigation
31        Report.  The  RA shall conduct a  site  investigation  to
32        determine  the  significant physical features of the site
33        and vicinity that may affect  contaminant  transport  and
 
                            -31-               LRB9213215ACpk
 1        risk  to human health, safety, and the environment and to
 2        determine the nature, concentration, direction  and  rate
 3        of movement, and extent of the contamination at the site.
 4             (2)  The   RA  shall  compile  the  results  of  the
 5        investigations into a Site Investigation  Report.   At  a
 6        minimum,  the  reports  shall  include  the following, as
 7        applicable:
 8                  (A)  Executive summary;
 9                  (B)  Site history;
10                  (C)  Site-specific   sampling    methods    and
11             results;
12                  (D)  Documentation    of    field   activities,
13             including quality assurance project plan;
14                  (E)  Interpretation of results; and
15                  (F)  Conclusions.
16        (c)  Remediation Objectives Report.
17             (1)  If  a  RA   elects  to  determine   remediation
18        objectives  appropriate for the site using the Tier II or
19        Tier III procedures under  subsection  (d)    of  Section
20        58.5,  the  RA  shall develop such remediation objectives
21        based on site-specific information. In  support  of  such
22        remediation   objectives,   the   RA   shall  prepare   a
23        Remediation  Objectives  Report  demonstrating  how   the
24        site-specific  objectives  were  calculated  or otherwise
25        determined.
26             (2)  If  a  RA   elects  to  determine   remediation
27        objectives  appropriate  for  the  site  using  the  area
28        background  procedures  under subsection (b)   of Section
29        58.5, the RA shall develop  such  remediation  objectives
30        based   on   site-specific  literature  review,  sampling
31        protocol,   or   appropriate   statistical   methods   in
32        accordance  with  Board  rules.    In  support  of   such
33        remediation   objectives,   the   RA   shall   prepare  a
34        Remediation Objectives Report demonstrating how the  area
 
                            -32-               LRB9213215ACpk
 1        background remediation objectives were determined.
 2        (d)  Remedial  Action  Plan.  If the approved remediation
 3    objectives for  any  regulated  substance  established  under
 4    Section  58.5  are  less than the levels existing at the site
 5    prior to any remedial action, the RA shall prepare a Remedial
 6    Action Plan.  The Remedial Action  Plan  shall  describe  the
 7    selected remedy and evaluate its ability and effectiveness to
 8    achieve the remediation objectives approved for the site.  At
 9    a  minimum,  the  reports  shall  include  the  following, as
10    applicable:
11             (1)  Executive summary;
12             (2)  Statement of remediation objectives;
13             (3)   Remedial technologies selected;
14             (4)  Confirmation sampling plan;
15             (5)  Current  and  projected  future  use   of   the
16        property; and
17             (6)  Applicable    preventive,    engineering,   and
18        institutional controls including  long-term  reliability,
19        operating,   and   maintenance   plans,   and  monitoring
20        procedures.
21        (e)  Remedial Action Completion Report.
22             (1)  Upon completion of the  Remedial  Action  Plan,
23        the RA shall prepare a Remedial Action Completion Report.
24        The  report shall demonstrate whether the remedial action
25        was completed in accordance with  the  approved  Remedial
26        Action  Plan  and  whether the remediation objectives, as
27        well as any other requirements of  the  plan,  have  been
28        attained.
29             (2)  If  the approved remediation objectives for the
30        regulated substances of concern established under Section
31        58.5 are equal to or above the  levels  existing  at  the
32        site  prior  to  any  remedial  action,  notification and
33        documentation  of  such  shall  constitute   the   entire
34        Remedial  Action  Completion  Report for purposes of this
 
                            -33-               LRB9213215ACpk
 1        Title.
 2        (f)  Ability to proceed.  The RA may elect to prepare and
 3    submit for review and approval any and all reports  or  plans
 4    required  under  the provisions of this Section individually,
 5    following completion of  each  such  activity;  concurrently,
 6    following  completion  of  all  activities;  or  in any other
 7    combination.  In any event, the review and  approval  process
 8    shall  proceed  in  accordance  with  Section  58.7 and rules
 9    adopted thereunder.
10        (g)  Nothing in this Section shall  prevent  an  RA  from
11    implementing  or  conducting an interim or any other remedial
12    measure prior to election to proceed under Section 58.6.
13        (h)  In accordance with Section 58.11, the  Agency  shall
14    propose  and  the  Board  shall  adopt rules to carry out the
15    purposes of this Section.
16    (Source: P.A. 89-431, eff. 12-15-95; 89-443, eff. 7-1-96.)

17        (415 ILCS 5/58.7)
18        Sec. 58.7. Review and approvals.
19        (a)  Requirements.   All  plans  and  reports  that   are
20    submitted  pursuant  to  this  Title  shall  be submitted for
21    review or approval in accordance with this Section.
22        (b)  Review and evaluation by the Agency.
23             (1)  Except for sites excluded under subdivision (a)
24        (2)  of  Section  58.1,  the  Agency  shall,  subject  to
25        available  resources,  agree  to   provide   review   and
26        evaluation  services  for activities carried out pursuant
27        to this Title for which the RA requested the services  in
28        writing.  As a condition for providing such services, the
29        Agency may require that the RA for a site:
30                  (A)  Conform with the procedures of this Title;
31                  (B)  Allow for or otherwise arrange site visits
32             or  other  site  evaluation  by  the  Agency when so
33             requested;
 
                            -34-               LRB9213215ACpk
 1                  (C)  Agree to perform the work plan as approved
 2             under this Title;
 3                  (D)  Agree to pay any reasonable costs incurred
 4             and documented  by  the  Agency  in  providing  such
 5             services;
 6                  (E)  Make  an  advance  partial  payment to the
 7             Agency for such anticipated services in  an  amount,
 8             acceptable  to  the Agency, but not to exceed $5,000
 9             or one-half of the total anticipated  costs  of  the
10             Agency, whichever sum is less; and
11                  (F)  Demonstrate,  if  necessary,  authority to
12             act on  behalf  of  or  in  lieu  of  the  owner  or
13             operator.
14             (2)  Any  moneys  received  by  the  State for costs
15        incurred by the Agency in performing review or evaluation
16        services for actions conducted  pursuant  to  this  Title
17        shall be deposited in the Hazardous Waste Fund.
18             (3)  An RA requesting services under subdivision (b)
19        (1)  of this Section may, at any time, notify the Agency,
20        in writing, that Agency services previously requested are
21        no longer wanted.  Within 180 days after receipt  of  the
22        notice,  the  Agency  shall  provide  the RA with a final
23        invoice for services provided  until  the  date  of  such
24        notifications.
25             (4)  The  Agency may invoice or otherwise request or
26        demand payment from a RA for costs incurred by the Agency
27        in performing review or evaluation services  for  actions
28        by the RA at sites only if:
29                  (A)  The   Agency   has   incurred   costs   in
30             performing  response  actions,  other than review or
31             evaluation services, due to the failure of the RA to
32             take response action in  accordance  with  a  notice
33             issued pursuant to this Act;
34                  (B)  The  RA  has  agreed  in  writing  to  the
 
                            -35-               LRB9213215ACpk
 1             payment of such costs;
 2                  (C)  The  RA has been ordered to pay such costs
 3             by the Board or a court  of  competent  jurisdiction
 4             pursuant to this Act; or
 5                  (D)  The  RA  has requested or has consented to
 6             Agency   review   or   evaluation   services   under
 7             subdivision (b)  (1)   of this Section.
 8             (5)  The Agency may, subject to available resources,
 9        agree to  provide  review  and  evaluation  services  for
10        response  actions  if  there is a written agreement among
11        parties to a legal action or if a  notice  to  perform  a
12        response action has been issued by the Agency.
13        (c)  Review  and  evaluation  by  a Licensed Professional
14    Engineer or Licensed Professional Geologist.  A RA may  elect
15    to contract with a Licensed Professional Engineer or Licensed
16    Professional Geologist who will perform review and evaluation
17    services  on  behalf of and under the direction of the Agency
18    relative to the site activities.
19             (1)  Prior to entering into the  contract  with  the
20        RELPEG   Review   and  Evaluation  Licensed  Professional
21        Engineer (RELPE), the RA shall notify the Agency  of  the
22        RELPEG RELPE to be selected.  The Agency and the RA shall
23        discuss the potential terms of the contract.
24             (2)  At  a  minimum,  the  contract  with the RELPEG
25        RELPE  shall provide that the RELPEG  RELPE  will  submit
26        any  reports directly to the Agency, will take his or her
27        directions for work assignments from the Agency, and will
28        perform the assigned work on behalf of the Agency.
29             (3)  Reasonable costs incurred by the  Agency  shall
30        be  paid  by the RA directly to the Agency in  accordance
31        with the terms of  the  review  and  evaluation  services
32        agreement  entered  into  under  subdivision  (b)  (1) of
33        Section 58.7.
34             (4)  In no event shall the RELPEG  RELPE  acting  on
 
                            -36-               LRB9213215ACpk
 1        behalf  of  the  Agency  be  an employee of the RA or the
 2        owner or operator of the site or be an  employee  of  any
 3        other  person  the  RA has contracted to provide services
 4        relative to the site.
 5        (d)  Review and approval.   All  reviews  required  under
 6    this  Title  shall  be  carried out by the Agency or a RELPEG
 7    RELPE, both under the direction of  a  Licensed  Professional
 8    Engineer or Licensed Professional Geologist.
 9             (1)    All review activities conducted by the Agency
10        or a RELPEG RELPE shall be  carried  out  in  conformance
11        with  this  Title  and  rules  promulgated  under Section
12        58.11.
13             (2)  Specific plans, reports, and  activities  which
14        the Agency or a RELPEG RELPE may review include:
15                  (A)  Site  Investigation  Reports  and  related
16             activities;
17                  (B)   Remediation Objectives Reports;
18                  (C)  Remedial    Action   Plans   and   related
19             activities; and
20                  (D)  Remedial  Action  Completion  Reports  and
21             related activities.
22             (3)  Only the Agency shall  have  the  authority  to
23        approve,  disapprove,  or approve with conditions  a plan
24        or report as a result of  the  review  process  including
25        those  plans  and reports reviewed by a RELPEG RELPE.  If
26        the Agency disapproves a plan or  report  or  approves  a
27        plan  or report with conditions, the written notification
28        required by subdivision (d) (4)  of  this  Section  shall
29        contain the following information, as applicable:
30                  (A)  An  explanation  of  the  Sections of this
31             Title that may be violated if the plan or report was
32             approved;
33                  (B)  An explanation of the  provisions  of  the
34             rules  promulgated  under  this  Title  that  may be
 
                            -37-               LRB9213215ACpk
 1             violated if the plan or report was approved;
 2                  (C)  An explanation of  the  specific  type  of
 3             information,  if  any,  that  the  Agency  deems the
 4             applicant did not provide the Agency;
 5                  (D)  A statement of specific  reasons  why  the
 6             Title  and  regulations might not be met if the plan
 7             or report were approved; and
 8                  (E)  An  explanation   of   the   reasons   for
 9             conditions if conditions are required.
10             (4)  Upon approving, disapproving, or approving with
11        conditions  a plan or report, the Agency shall notify the
12        RA in writing of its decision.  In the case  of  approval
13        or   approval   with  conditions  of  a  Remedial  Action
14        Completion Report, the Agency shall prepare a No  Further
15        Remediation Letter that meets the requirements of Section
16        58.10 and send a copy of the letter to the RA.
17             (5)  All  reviews  undertaken  by  the  Agency  or a
18        RELPEG  RELPE  shall  be  completed  and  the   decisions
19        communicated  to the RA within 60 days of the request for
20        review or approval.  The RA may waive the deadline upon a
21        request from the Agency.  If the  Agency  disapproves  or
22        approves  with  conditions  a  plan or report or fails to
23        issue a final decision within the 60 day period  and  the
24        RA  has  not  agreed  to a waiver of the deadline, the RA
25        may, within  35  days,  file  an  appeal  to  the  Board.
26        Appeals  to the Board shall be in the manner provided for
27        the review of permit decisions in Section 40 of this Act.
28        (e)  Standard of review.  In making  determinations,  the
29    following  factors,  and additional factors as may be adopted
30    by the Board in  accordance  with  Section  58.11,  shall  be
31    considered  by  the Agency when reviewing or approving plans,
32    reports, and related activities, or the  RELPEG  RELPE,  when
33    reviewing plans, reports, and related activities:
34             (1)  Site    Investigation   Reports   and   related
 
                            -38-               LRB9213215ACpk
 1        activities:  Whether investigations have  been  conducted
 2        and   the   results   compiled  in  accordance  with  the
 3        appropriate procedures and  whether  the  interpretations
 4        and  conclusions reached are supported by the information
 5        gathered.  In making  the  determination,  the  following
 6        factors shall be considered:
 7                  (A)  The  adequacy  of  the  description of the
 8             site and site  characteristics  that  were  used  to
 9             evaluate the site;
10                  (B)  The   adequacy  of  the  investigation  of
11             potential pathways and risks to receptors identified
12             at the site; and
13                  (C)  The appropriateness of  the  sampling  and
14             analysis used.
15             (2)  Remediation  Objectives  Reports:  Whether  the
16        remediation    objectives   are   consistent   with   the
17        requirements of the applicable method  for  selecting  or
18        determining  remediation  objectives  under Section 58.5.
19        In making the determination,  the following factors shall
20        be considered:
21                  (A)  If  the  objectives  were  based  on   the
22             determination   of   area  background  levels  under
23             subsection (b) of Section 58.5, whether  the  review
24             of  current  and  historic  conditions  at or in the
25             immediate vicinity of the site has been thorough and
26             whether the site  sampling  and  analysis  has  been
27             performed   in   a   manner  resulting  in  accurate
28             determinations;
29                  (B)  If the objectives were calculated  on  the
30             basis of predetermined equations using site specific
31             data,   whether  the  calculations  were  accurately
32             performed and whether the site specific data reflect
33             actual site conditions; and
34                  (C)  If the objectives were determined using  a
 
                            -39-               LRB9213215ACpk
 1             site specific risk assessment procedure, whether the
 2             procedure   used   is   nationally   recognized  and
 3             accepted, whether the calculations  were  accurately
 4             performed,   and  whether  the  site  specific  data
 5             reflect actual site conditions.
 6             (3)  Remedial Action Plans and  related  activities:
 7        Whether  the  plan  will  result  in compliance with this
 8        Title, and rules adopted under it and attainment  of  the
 9        applicable   remediation   objectives.    In  making  the
10        determination, the following factors shall be considered:
11                  (A)  The likelihood that the plan  will  result
12             in  the  attainment  of  the  applicable remediation
13             objectives;
14                  (B)  Whether  the   activities   proposed   are
15             consistent  with  generally accepted engineering and
16             geologic practices; and
17                  (C)  The management of  risk  relative  to  any
18             remaining  contamination,  including but not limited
19             to,  provisions  for  the   long-term   enforcement,
20             operation,  and  maintenance  of  institutional  and
21             engineering controls, if relied on.
22             (4)  Remedial  Action Completion Reports and related
23        activities:  Whether the remedial  activities  have  been
24        completed in accordance with the approved Remedial Action
25        Plan  and  whether  the applicable remediation objectives
26        have been attained.
27        (f)  All plans and reports  submitted  for  review  shall
28    include   a  Licensed  Professional  Engineer's  or  Licensed
29    Professional    Geologist's    certification     that     all
30    investigations  and  remedial  activities   were  carried out
31    under his or her direction and, to the best  of  his  or  her
32    knowledge  and  belief,  the  work  described  in the plan or
33    report  has  been  completed  in  accordance  with  generally
34    accepted  engineering  and  geologic   practices,   and   the
 
                            -40-               LRB9213215ACpk
 1    information presented is accurate and complete.
 2        (g)  In  accordance  with Section 58.11, the Agency shall
 3    propose and the Board shall adopt  rules  to  carry  out  the
 4    purposes  of  this  Section.   At  a minimum, the rules shall
 5    detail the types  of  services  the  Agency  may  provide  in
 6    response  to  requests  under  subdivision  (b)  (1)  of this
 7    Section and the recordkeeping it will utilize in  documenting
 8    to  the RA the costs incurred by the Agency in providing such
 9    services.  Until the Board adopts the rules, the  Agency  may
10    continue   to  offer  services  of  the  type  offered  under
11    subsections (m) and (n) of Section 22.2 of this Act prior  to
12    their repeal.
13        (h)  Public participation.
14             (1)  The  Agency  shall  develop  guidance to assist
15        RA's in the implementation of a community relations  plan
16        to  address  activity at sites undergoing remedial action
17        pursuant to this Title.
18             (2)  The RA  may elect  to  enter  into  a  services
19        agreement  with  the  Agency  for  Agency  assistance  in
20        community outreach efforts.
21             (3)  The  Agency  shall  maintain a registry listing
22        those sites undergoing remedial action pursuant  to  this
23        Title.
24             (4)  Notwithstanding any provisions of this Section,
25        the RA of a site undergoing remedial activity pursuant to
26        this  Title  may  elect  to initiate a community outreach
27        effort for the site.
28    (Source: P.A. 89-431, eff.  12-15-95;  89-443,  eff.  7-1-96;
29    89-626, eff. 8-9-96.)

30        (415 ILCS 5/58.11)
31        Sec.  58.11.  Regulations  and  Site Remediation Advisory
32    Committee.
33        (a)  There is hereby established an 11-member a 10-member
 
                            -41-               LRB9213215ACpk
 1    Site Remediation Advisory Committee, which shall be appointed
 2    by the Governor.  The  Committee  shall  include  one  member
 3    recommended  by  the  Illinois State Chamber of Commerce, one
 4    member   recommended   by   the    Illinois    Manufacturers'
 5    Association,  one member recommended by the Chemical Industry
 6    Council of Illinois, one member recommended by the Consulting
 7    Engineers Council of Illinois, one member recommended by  the
 8    Illinois  Chapter  of  the American Institute of Professional
 9    Geologists, one member recommended by  the  Illinois  Bankers
10    Association,  one member recommended by the Community Bankers
11    Association  of  Illinois,  one  member  recommended  by  the
12    National Solid Waste  Management  Association,  and  3  other
13    members  as  determined  by  the  Governor.    Members of the
14    Advisory Committee  may  organize  themselves  as  they  deem
15    necessary and shall serve without compensation.
16        (b)  The Committee shall:
17             (1)  Review,   evaluate,  and  make  recommendations
18        regarding State laws, rules, and procedures  that  relate
19        to site remediations.
20             (2)  Review,   evaluate,  and  make  recommendations
21        regarding the  review  and  approval  activities  of  the
22        Agency  and  Review  and Evaluation Licensed Professional
23        Engineers and Geologists.
24             (3)  Make recommendations relating  to  the  State's
25        efforts to  implement this Title.
26             (4)  Review,   evaluate,  and  make  recommendations
27        regarding the procedures  for  determining  proportionate
28        degree  of  responsibility  for  a  release  of regulated
29        substances.
30             (5)  Review,  evaluate,  and  make   recommendations
31        regarding   the   reports   prepared  by  the  Agency  in
32        accordance with subsection (e) of this Section.
33        (c)  Within 9 months after the  effective  date  of  this
34    amendatory  Act  of  1995, the Agency, after consideration of
 
                            -42-               LRB9213215ACpk
 1    the recommendations of the  Committee,  shall  propose  rules
 2    prescribing  procedures  and standards for its administration
 3    of this Title.  Within 9 months after receipt of the Agency's
 4    proposed rules, the Board shall adopt, pursuant  to  Sections
 5    27  and  28  of this Act, rules that are consistent with this
 6    Title, including classifications of land use  and  provisions
 7    for the voidance of No Further Remediation Letters.
 8        (d)  Until  such  time  as  the rules required under this
 9    Section  take  effect,  the  Agency  shall   administer   its
10    activities   under  this  Title  in  accordance  with  Agency
11    procedures and applicable provisions of this Act.
12        (e)  By  July  1,  1997   and   as   deemed   appropriate
13    thereafter,  the Agency shall prepare reports to the Governor
14    and the General Assembly concerning the status of  all  sites
15    for  which  the  Agency has expended money from the Hazardous
16    Waste Fund.  The reports shall include  specific  information
17    on the financial, technical, and cost recovery status of each
18    site.
19    (Source: P.A.  89-431,  eff.  12-15-95;  89-443, eff. 7-1-96;
20    89-626, eff. 8-9-96.)

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

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