State of Illinois
92nd General Assembly
Legislation

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[ Introduced ][ Enrolled ][ Senate Amendment 001 ]
[ Senate Amendment 002 ]


92_SB1968eng

 
SB1968 Engrossed                               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 57.2, 57.7,  57.8,  57.10,  58.2,  58.6,
 6    58.7, and 58.11 as follows:

 7        (415 ILCS 5/57.2)
 8        Sec. 57.2. Definitions. As used in this Title:
 9        "Audit"  means  a systematic inspection or examination of
10    plans,  reports,  records,  or  documents  to  determine  the
11    completeness  and  accuracy  of  the  data  and   conclusions
12    contained therein.
13        "Bodily injury" means bodily injury, sickness, or disease
14    sustained by a person, including death at any time, resulting
15    from a release of petroleum from an underground storage tank.
16        "Release"   means   any   spilling,   leaking,  emitting,
17    discharging, escaping, leaching  or  disposing  of  petroleum
18    from  an  underground  storage tank into groundwater, surface
19    water or subsurface soils.
20        "Fill material" means non-native or  disturbed  materials
21    used to bed and backfill around an underground storage tank.
22        "Fund" means the Underground Storage Tank Fund.
23        "Heating Oil" means petroleum that is No. 1, No. 2, No. 4
24    - light, No. 4 - heavy, No. 5 - light, No. 5 - heavy or No. 6
25    technical  grades  of  fuel oil; and other residual fuel oils
26    including Navy Special Fuel Oil and Bunker C.
27        "Indemnification" means indemnification of  an  owner  or
28    operator  for  the amount of any judgment entered against the
29    owner or operator in a court of law, for the  amount  of  any
30    final  order  or  determination  made  against  the  owner or
31    operator by an agency of State government or any  subdivision
 
SB1968 Engrossed            -2-                LRB9213215ACpk
 1    thereof,  or for the amount of any settlement entered into by
 2    the owner or operator, if the judgment, order, determination,
 3    or settlement arises out of bodily injury or property  damage
 4    suffered  as  a  result  of  a  release  of petroleum from an
 5    underground storage tank owned or operated by  the  owner  or
 6    operator.
 7        "Corrective  action"  means  activities  associated  with
 8    compliance  with  the provisions of Sections 57.6 and 57.7 of
 9    this Title.
10        "Occurrence" means an accident, including  continuous  or
11    repeated  exposure to conditions, that results in a sudden or
12    nonsudden release from an underground storage tank.
13        When used in connection with, or when otherwise  relating
14    to, underground storage tanks, the terms "facility", "owner",
15    "operator",  "underground storage tank", "(UST)", "petroleum"
16    and "regulated substance" shall have the meanings ascribed to
17    them  in  Subtitle  I  of  the  Hazardous  and  Solid   Waste
18    Amendments   of   1984   (P.L.   98-616),   of  the  Resource
19    Conservation and Recovery Act of 1976 (P.L. 94-580); provided
20    however that the term "underground storage tank"  shall  also
21    mean  an  underground  storage tank used exclusively to store
22    heating oil for consumptive use on the premises where  stored
23    and which serves other than a farm or residential unit.
24        "Licensed   Professional   Engineer"   means   a  person,
25    corporation, or partnership licensed under the  laws  of  the
26    State of Illinois to practice professional engineering.
27        "Licensed Professional Geologist" means a person licensed
28    under  the  laws  of  the  State of Illinois to practice as a
29    professional geologist.
30        "Site" means any single location, place, tract of land or
31    parcel  of  property  including   contiguous   property   not
32    separated by a public right-of-way.
33        "Physical  soil  classification"  means verification that
34    subsurface strata are as generally mapped in the  publication
 
SB1968 Engrossed            -3-                LRB9213215ACpk
 1    Illinois  Geological Survey Circular (1984) titled "Potential
 2    for Contamination of Shallow Aquifers in Illinois," by  Berg,
 3    Richard C., et al.  Such classification may include review of
 4    soil  borings,  well  logs,  physical soil analyses, regional
 5    geologic maps, or other scientific publications.
 6        "Property damage" means physical injury  to,  destruction
 7    of,  or  contamination  of  tangible  property, including all
 8    resulting loss of use of that property; or  loss  of  use  of
 9    tangible  property that is not physically injured, destroyed,
10    or contaminated, but has been evacuated, withdrawn from  use,
11    or  rendered  inaccessible  because of a release of petroleum
12    from an underground storage tank.
13        "Class I Groundwater" means groundwater  that  meets  the
14    Class  I:  Potable Resource Groundwater criteria set forth in
15    the  Board  regulations  adopted  pursuant  to  the  Illinois
16    Groundwater Protection Act.
17        "Class III Groundwater" means groundwater that meets  the
18    Class  III:   Special Resource Groundwater criteria set forth
19    in the Board regulations adopted  pursuant  to  the  Illinois
20    Groundwater Protection Act.
21    (Source:  P.A.  88-496;  89-428,  eff.  1-1-96;  89-457, eff.
22    5-22-96.)

23        (415 ILCS 5/57.7)
24        Sec. 57.7.  Leaking underground storage  tanks;  physical
25    soil    classification,   groundwater   investigation,   site
26    classification, and corrective action.
27        (a)  Physical   soil   classification   and   groundwater
28    investigation.
29             (1)  Prior   to   conducting   any   physical   soil
30        classification and groundwater  investigation  activities
31        required  by statute or regulation, the owner or operator
32        shall prepare and submit to the Agency for  the  Agency's
33        approval or modification:
 
SB1968 Engrossed            -4-                LRB9213215ACpk
 1                       (A)  a  physical  soil  classification and
 2                  groundwater  investigation  plan  designed   to
 3                  determine  site  classification,  in accordance
 4                  with subsection (b) of this  Section,  as  High
 5                  Priority, Low Priority, or No Further Action.
 6                       (B)  a   request   for  payment  of  costs
 7                  associated with eligible early action costs  as
 8                  provided  in  Section  57.6(b).   However,  for
 9                  purposes  of  payment  for  early action costs,
10                  fill materials  shall  not  be  removed  in  an
11                  amount  in  excess  of  4 feet from the outside
12                  dimensions of the tank.
13             (2)  If  the  owner  or  operator  intends  to  seek
14        payment from the Fund, prior to conducting  any  physical
15        soil   classification   and   groundwater   investigation
16        activities  required  by statute or regulation, the owner
17        or operator shall submit to the Agency for  the  Agency's
18        approval or   modification a physical soil classification
19        and  groundwater investigation budget which includes, but
20        is not limited to, an accounting of all costs  associated
21        with  the  implementation  and completion of the physical
22        soil classification and groundwater investigation plan.
23             (3)  Within 30 days of completion  of  the  physical
24        soil  classification  or groundwater investigation report
25        the owner or operator shall submit to the Agency:
26                  (A)  all  physical  soil   classification   and
27             groundwater investigation results; and
28                  (B)  a certification by a Licensed Professional
29             Engineer  or  Licensed Professional Geologist of the
30             site's  classification   as   High   Priority,   Low
31             Priority,  or  No  Further Action in accordance with
32             subsection (b) of this Section as High Priority, Low
33             Priority, or No Further Action.
34        (b)  Site Classification.
 
SB1968 Engrossed            -5-                LRB9213215ACpk
 1             (1)  After   evaluation   of   the   physical   soil
 2        classification  and  groundwater  investigation  results,
 3        when required, and general  site  information,  the  site
 4        shall   be   classified  as  "No  Further  Action",  "Low
 5        Priority", or "High Priority" based on  the  requirements
 6        of this Section.  Site classification shall be determined
 7        by   a   Licensed   Professional   Engineer  or  Licensed
 8        Professional   Geologist   in   accordance    with    the
 9        requirements  of this Title and the Licensed Professional
10        Engineer or Licensed Professional Geologist shall  submit
11        a certification to the Agency of the site classification.
12        The    Agency   has   the   authority   to   audit   site
13        classifications   and   reject   or   modify   any   site
14        classification inconsistent with the requirements of this
15        Title.
16             (2)  Sites shall be classified as No Further  Action
17        if the criteria in subparagraph (A) are satisfied:
18                  (A)(i)  The   site   is   located  in  an  area
19             designated D, E, F and G on the Illinois  Geological
20             Survey   Circular   (1984)   titled  "Potential  for
21             Contamination of Shallow Aquifers in  Illinois,"  by
22             Berg, Richard C., et al.;
23                  (ii)  A  site evaluation under the direction of
24             a  Licensed  Professional   Engineer   or   Licensed
25             Professional  Geologist  verifies  the physical soil
26             classification conditions are consistent with  those
27             indicated on the Illinois Geological Survey Circular
28             (1984)   titled   "Potential  for  Contamination  of
29             Shallow Aquifers in Illinois," by Berg, Richard  C.,
30             et al.; and
31                  (iii)  The conditions identified in subsections
32             (b) (3)(B), (C), (D), and (E) do not exist.
33                  (B)  Groundwater  investigation  monitoring may
34             be  required  to  confirm  that  a  site  meets  the
 
SB1968 Engrossed            -6-                LRB9213215ACpk
 1             criteria of a No  Further  Action  site.  The  Board
 2             shall  adopt  rules setting forth the criteria under
 3             which the  Agency  may  exercise  its  discretionary
 4             authority  to require investigations and the minimum
 5             field requirements for conducting investigations.
 6             (3)  Sites shall be classified as High  Priority  if
 7        any of the following are met:
 8                  (A)  The  site is located in an area designated
 9             A1, A2, A3, A4, A5, AX, B1, B2, BX, C1, C2, C3,  C4,
10             or  C5  on  the  Illinois Geological Survey Circular
11             (1984)  titled  "Potential  for   Contamination   of
12             Shallow  Aquifers in Illinois," by Berg, Richard C.,
13             et al.; a site evaluation under the direction  of  a
14             Licensed    Professional    Engineer   or   Licensed
15             Professional Geologist verifies  the  physical  soil
16             classifications conditions are consistent with those
17             indicated on the Illinois Geological Survey Circular
18             (1984)  entitled  "Potential  for  Contamination  of
19             Shallow  Aquifers in Illinois," by Berg, Richard C.,
20             et  al.;  and  the  results  of  the  physical  soil
21             classification   and    groundwater    investigation
22             indicate  that  an  applicable indicator contaminant
23             groundwater   quality   standard   or    groundwater
24             objective has been exceeded at the property boundary
25             line  or  200 feet from the excavation, whichever is
26             less as a consequence  of  the  underground  storage
27             tank release.
28                  (B)  The underground storage tank is within the
29             minimum  or  maximum setback zone of a potable water
30             supply well or regulated recharge area of a  potable
31             water supply well.
32                  (C)  There is evidence that, through natural or
33             manmade  pathways,  migration of petroleum or vapors
34             threaten human health or human safety or  may  cause
 
SB1968 Engrossed            -7-                LRB9213215ACpk
 1             explosions   in  basements,  crawl  spaces,  utility
 2             conduits, storm or sanitary sewers, vaults or  other
 3             confined spaces.
 4                  (D)  Class  III  special  resource  groundwater
 5             exists within 200 feet of the excavation.
 6                  (E)  A surface water body is adversely affected
 7             by  the  presence of a visible sheen or free product
 8             layer as the result of an underground  storage  tank
 9             release.
10             (4)  Sites  shall  be  classified as Low Priority if
11        all of the following are met:
12                  (A)  The site does not meet any of the criteria
13             for classification as a High Priority Site.
14                  (B) (i)  The site is located in area designated
15             A1, A2, A3, A4, A5, AX, B1, B2, BX, C1, C2, C3,  C4,
16             C5 on the Illinois Geological Survey Circular (1984)
17             entitled  "Potential  for  Contamination  of Shallow
18             Aquifers in Illinois," by Berg, Richard C., et  al.;
19             and
20                  (ii)  a  site evaluation under the direction of
21             a  Licensed  Professional   Engineer   or   Licensed
22             Professional  Geologist  verifies  the physical soil
23             classification conditions are consistent with  those
24             indicated on the Illinois Geological Survey Circular
25             (1984)   titled   "Potential  for  Contamination  of
26             Shallow Aquifers in Illinois," by Berg, Richard  C.,
27             et al.; and
28                  (iii)  the   results   of   the  physical  soil
29             classification and groundwater investigation do  not
30             indicate   an   applicable   indicator   contaminant
31             groundwater    quality   standard   or   groundwater
32             objective has been exceeded at the property boundary
33             line or 200 feet from the underground storage  tank,
34             whichever is less.
 
SB1968 Engrossed            -8-                LRB9213215ACpk
 1             (5)  In  the  event the results of the physical soil
 2        classification and any required groundwater investigation
 3        reveal that the actual site geologic characteristics  are
 4        different than those indicated by the Illinois Geological
 5        Survey    Circular    (1984)    titled   "Potential   for
 6        Contamination of Shallow Aquifers in Illinois"  by  Berg,
 7        Richard  C.,  et al., classification of the site shall be
 8        determined    using    the    actual    site     geologic
 9        characteristics.
10             (6)  For  purposes  of physical soil classification,
11        the  Board  is  authorized  to  prescribe  by  regulation
12        alternatives to use of  the  Illinois  Geological  Survey
13        Circular  (1984)  titled  "Potential for Contamination of
14        Shallow Aquifers in Illinois" by Berg, Richard C., et al.
15        (c)  Corrective Action.
16             (1)  High Priority Site.
17                  (A)  Prior to  performance  of  any  corrective
18             action,  beyond  that  required  by Section 57.6 and
19             subsection (a) of Section  57.7  of  this  Act,  the
20             owner  or  operator  shall prepare and submit to the
21             Agency for the Agency's approval or  modification  a
22             corrective  action  plan  designed  to  mitigate any
23             threat  to  human  health,  human  safety   or   the
24             environment  resulting  from the underground storage
25             tank release.
26                  (B)  If the owner or operator intends  to  seek
27             payment  from  the Fund, prior to performance of any
28             corrective action beyond that  required  by  Section
29             57.6  and  subsection (a) of Section 57.7, the owner
30             or operator shall  submit  to  the  Agency  for  the
31             Agency's   approval  or  modification  a  corrective
32             action  plan  budget  which  includes,  but  is  not
33             limited to, an accounting of  all  costs  associated
34             with   the  implementation  and  completion  of  the
 
SB1968 Engrossed            -9-                LRB9213215ACpk
 1             corrective action plan.
 2                  (C)  The corrective action plan shall do all of
 3             the following:
 4                       (i)  Provide  that  applicable   indicator
 5                  contaminant  groundwater  quality  standards or
 6                  groundwater objectives will not be exceeded  in
 7                  groundwater  at  the  property boundary line or
 8                  200 feet  from  the  excavation,  whichever  is
 9                  less, or other level if approved by the Agency,
10                  for   any   contaminant   identified   in   the
11                  groundwater    investigation   after   complete
12                  performance of the corrective action plan.
13                       (ii)  Provide  that  Class   III   special
14                  resource   groundwater  quality  standards  for
15                  Class III special resource  groundwater  within
16                  200 feet of the excavation will not be exceeded
17                  as  a  result  of  the underground storage tank
18                  release   for   any    indicator    contaminant
19                  identified  in  the  groundwater  investigation
20                  after  complete  performance of the  corrective
21                  action plan.
22                       (iii)  Remediate  threats   due   to   the
23                  presence  or   migration,  through  natural  or
24                  manmade     pathways,     of    petroleum    in
25                  concentrations sufficient to harm human  health
26                  or  human  safety  or  to  cause  explosions in
27                  basements,  crawl  spaces,  utility   conduits,
28                  storm  or  sanitary  sewers,  vaults  or  other
29                  confined spaces.
30                       (iv)  Remediate threats to a potable water
31                  supply.
32                       (v)  Remediate  threats to a surface water
33                  body.
34                  (D)  Within  30  days  of  completion  of   the
 
SB1968 Engrossed            -10-               LRB9213215ACpk
 1             corrective  action,  the  owner  or  operator  shall
 2             submit  to  the Agency such a completion report that
 3             includes a description of the corrective action plan
 4             and a description  of  the  corrective  action  work
 5             performed  and  all  analytical  or sampling results
 6             derived from performance of  the  corrective  action
 7             plan.
 8                  (E)  The  Agency  shall  issue  to the owner or
 9             operator  a  no  further   remediation   letter   in
10             accordance   with   Section  57.10  if  all  of  the
11             following are met:
12                       (i)  The  corrective   action   completion
13                  report   demonstrates   that:   (a)  applicable
14                  indicator   contaminant   groundwater   quality
15                  standards or  groundwater  objectives  are  not
16                  exceeded  at  the property boundary line or 200
17                  feet from the excavation, whichever is less, as
18                  a  result  of  the  underground  storage   tank
19                  release    for    any   indicator   contaminant
20                  identified in  the  groundwater  investigation;
21                  (b)  Class III special use resource groundwater
22                  quality standards, for Class  III  special  use
23                  resource  groundwater  within  200  feet of the
24                  underground storage tank, are not exceeded as a
25                  result of the underground storage tank  release
26                  for   any   contaminant   identified   in   the
27                  groundwater  investigation; (c) the underground
28                  storage tank release does  not  threaten  human
29                  health  or  human safety due to the presence or
30                  migration, through natural or manmade pathways,
31                  of  petroleum  or   hazardous   substances   in
32                  concentrations  sufficient to harm human health
33                  or human  safety  or  to  cause  explosions  in
34                  basements,   crawl  spaces,  utility  conduits,
 
SB1968 Engrossed            -11-               LRB9213215ACpk
 1                  storm  or  sanitary  sewers,  vaults  or  other
 2                  confined spaces; (d)  the  underground  storage
 3                  tank  release  does  not  threaten  any surface
 4                  water body; and  (e)  the  underground  storage
 5                  tank  release  does  not  threaten  any potable
 6                  water supply.
 7                       (ii)  The owner or operator submits to the
 8                  Agency  a   certification   from   a   Licensed
 9                  Professional  Engineer  that the work described
10                  in the approved corrective action plan has been
11                  completed and that the information presented in
12                  the  corrective  action  completion  report  is
13                  accurate and complete.
14             (2)  Low Priority Site.
15                  (A)  Corrective action at a low  priority  site
16             must  include groundwater monitoring consistent with
17             part (B) of this paragraph (2).
18                  (B)  Prior  to  implementation  of  groundwater
19             monitoring, the owner or operator shall prepare  and
20             submit  to  the Agency a groundwater monitoring plan
21             and, if  the  owner  or  operator  intends  to  seek
22             payment under this Title, an associated budget which
23             includes, at a minimum, all of the following:
24                       (i)  Placement  of  groundwater monitoring
25                  wells at the property line, or at 200 feet from
26                  the excavation which ever is  closer,  designed
27                  to provide the greatest likelihood of detecting
28                  migration of groundwater contamination.
29                       (ii)  Quarterly groundwater sampling for a
30                  period  of  one  year, semi-annual sampling for
31                  the second year and annual groundwater sampling
32                  for  one  subsequent  year  for  all  indicator
33                  contaminants identified during the  groundwater
34                  investigation.
 
SB1968 Engrossed            -12-               LRB9213215ACpk
 1                       (iii)  The  annual submittal to the Agency
 2                  of a summary of groundwater sampling results.
 3                  (C)  If  at  any  time   groundwater   sampling
 4             results   indicate   a   confirmed   exceedence   of
 5             applicable indicator contaminant groundwater quality
 6             standards  or  groundwater objectives as a result of
 7             the underground storage tank release, the  site  may
 8             be  reclassified  as  a  High  Priority  Site by the
 9             Agency  at  any  time  before  the  Agency's   final
10             approval  of  a  Low Priority groundwater monitoring
11             completion report.  Agency review and approval shall
12             be in accordance with paragraph  (4)  of  subsection
13             (c) of this Section. If the owner or operator elects
14             to appeal an Agency action to disapprove, modify, or
15             reject   by   operation   of   law  a  Low  Priority
16             groundwater monitoring completion report, the Agency
17             shall indicate to the Board in conjunction with such
18             appeal whether it intends to reclassify the site  as
19             High  Priority.  If a site is reclassified as a High
20             Priority Site, the owner or operator shall submit  a
21             corrective  action  plan  and  budget  to the Agency
22             within 120 days  of  the  confirmed  exceedence  and
23             shall initiate compliance with all corrective action
24             requirements for a High Priority Site.
25                  (D)  If,  throughout  the implementation of the
26             groundwater   monitoring   plan,   the   groundwater
27             sampling results do not  confirm  an  exceedence  of
28             applicable indicator contaminant groundwater quality
29             standards  or  groundwater objectives as a result of
30             the underground storage tank release, the  owner  or
31             operator  shall submit to the Agency a certification
32             of a  Licensed  Professional  Engineer  or  Licensed
33             Professional Geologist so stating.
34                  (E)  Unless   the  Agency  takes  action  under
 
SB1968 Engrossed            -13-               LRB9213215ACpk
 1             subsection (b)(2)(C) to reclassify a  site  as  high
 2             priority,  upon  receipt  of  a  certification  by a
 3             Licensed   Professional   Engineer    or    Licensed
 4             Professional   Geologist   submitted   pursuant   to
 5             paragraph (2) of subsection (c) of this Section, the
 6             Agency  shall  issue  to  the owner or operator a no
 7             further  remediation  letter  in   accordance   with
 8             Section 57.10.
 9             (3)  No Further Action Site.
10                  (A)  No   Further   Action   sites  require  no
11             remediation beyond that required in Section 57.6 and
12             subsection (a) of  this  Section  if  the  owner  or
13             operator has submitted to the Agency a certification
14             by  a  Licensed  Professional  Engineer  or Licensed
15             Professional Geologist that the site  meets  all  of
16             the criteria for classification as No Further Action
17             in subsection (b) of this Section.
18                  (B)  Unless  the  Agency takes action to reject
19             or modify a site classification under subsection (b)
20             of  this  Section  or  the  site  classification  is
21             rejected by operation of law under  item  (4)(B)  of
22             subsection  (c)  of  this Section, upon receipt of a
23             certification by a Licensed Professional Engineer or
24             Licensed Professional Geologist  submitted  pursuant
25             to  part  (A)  of paragraph (3) of subsection (c) of
26             this Section, the Agency shall issue to the owner or
27             operator  a  no  further   remediation   letter   in
28             accordance with Section 57.10.
29             (4)  Agency review and approval.
30                  (A)  Agency approval of any plan and associated
31             budget,  as  described  in  this  item (4), shall be
32             considered final approval for  purposes  of  seeking
33             and  obtaining  payment from the Underground Storage
34             Tank  Fund  if  the  costs   associated   with   the
 
SB1968 Engrossed            -14-               LRB9213215ACpk
 1             completion  of  any such plan are less than or equal
 2             to the amounts approved in such budget.
 3                  (B)  In the event the Agency fails to  approve,
 4             disapprove,  or  modify any plan or report submitted
 5             pursuant to this Title in writing within 120 days of
 6             the receipt by the Agency, the plan or report  shall
 7             be considered to be rejected by operation of law for
 8             purposes  of this Title and rejected for purposes of
 9             payment from the Leaking  Underground  Storage  Tank
10             Fund.
11                       (i)  For   purposes   of  those  plans  as
12                  identified  in   subparagraph   (E)   of   this
13                  subsection  (c)(4),  the Agency's review may be
14                  an audit procedure.  Such review or audit shall
15                  be  consistent  with  the  procedure  for  such
16                  review or audit as  promulgated  by  the  Board
17                  under  item  (7)  of  subsection (b) of Section
18                  57.14.    The  Agency  has  the  authority   to
19                  establish   an   auditing   program  to  verify
20                  compliance of such plans with the provisions of
21                  this Title.
22                       (ii)  For   purposes   of   those    plans
23                  submitted  pursuant  to  Part (E) (iii) of this
24                  paragraph (4) for which payment from  the  Fund
25                  is  not  being sought, the Agency need not take
26                  action on such plan until  120  days  after  it
27                  receives   the   corrective  action  completion
28                  report required under Section  57(c)(1)(D).  In
29                  the  event  the  Agency  approved  the plan, it
30                  shall proceed under the provisions  of  Section
31                  57(c)(4).
32                  (C)  In  approving  any plan submitted pursuant
33             to Part (E) of this paragraph (4), the Agency  shall
34             determine,  by  a procedure promulgated by the Board
 
SB1968 Engrossed            -15-               LRB9213215ACpk
 1             under item (7) of subsection (b) of  Section  57.14,
 2             that   the   costs  associated  with  the  plan  are
 3             reasonable, will be incurred in the  performance  of
 4             corrective   action,   and  will  not  be  used  for
 5             corrective action  activities  in  excess  of  those
 6             required  to  meet  the minimum requirements of this
 7             title.
 8                  (D)  For any plan or report received after  the
 9             effective  date  of this amendatory Act of 1993, any
10             action by the Agency to disapprove or modify a  plan
11             submitted  pursuant  to this Title shall be provided
12             to the owner or operator in writing within 120  days
13             of  the  receipt  by the Agency or, in the case of a
14             corrective action plan  for  which  payment  is  not
15             being  sought,  within  120  days  of receipt of the
16             corrective action completion report,  and  shall  be
17             accompanied by:
18                       (i)  an  explanation  of  the  Sections of
19                  this Act which may be  violated  if  the  plans
20                  were approved;
21                       (ii)  an  explanation of the provisions of
22                  the regulations, promulgated  under  this  Act,
23                  which   may   be  violated  if  the  plan  were
24                  approved;
25                       (iii)  an explanation of the specific type
26                  of information, if any, which the Agency  deems
27                  the applicant did not provide the Agency; and
28                       (iv)  a  statement of specific reasons why
29                  the Act and the regulations might not be met if
30                  the plan were approved.
31                  Any action  by  the  Agency  to  disapprove  or
32             modify a plan or report or the rejection of any plan
33             or  report  by  operation of law shall be subject to
34             appeal  to  the  Board  in   accordance   with   the
 
SB1968 Engrossed            -16-               LRB9213215ACpk
 1             procedures  of  Section 40. If the owner or operator
 2             elects to incorporate modifications required by  the
 3             Agency  rather than appeal, an amended plan shall be
 4             submitted to the Agency within 35 days of receipt of
 5             the Agency's written notification.
 6                  (E)  For  purposes  of  this  Title,  the  term
 7             "plan" shall include:
 8                       (i)  Any physical soil classification  and
 9                  groundwater    investigation   plan   submitted
10                  pursuant to item (1)(A) of  subsection  (a)  of
11                  this  Section,  or  budget  under  item  (2) of
12                  subsection (a) of this Section;
13                       (ii)  Any groundwater monitoring  plan  or
14                  budget   submitted   pursuant   to   subsection
15                  (c)(2)(B) of this Section;
16                       (iii)  Any    corrective    action    plan
17                  submitted  pursuant  to subsection (c)(1)(A) of
18                  this Section; or
19                       (iv)  Any corrective  action  plan  budget
20                  submitted  pursuant  to subsection (c)(1)(B) of
21                  this Section.
22        (d)  For purposes of  this  Title,  the  term  "indicator
23    contaminant"   shall   mean,   unless  and  until  the  Board
24    promulgates regulations to the contrary, the  following:  (i)
25    if   an  underground  storage  tank  contains  gasoline,  the
26    indicator parameter shall be BTEX and Benzene;  (ii)  if  the
27    tank   contained  petroleum  products  consisting  of  middle
28    distillate or heavy ends, then the indicator parameter  shall
29    be  determined  by  a  scan  of PNA's taken from the location
30    where contamination is most likely to be present;  and  (iii)
31    if   the   tank   contained  used  oil,  then  the  indicator
32    contaminant  shall  be  those  chemical  constituents   which
33    indicate  the  type  of  petroleum  stored  in an underground
34    storage tank.  All references in this  Title  to  groundwater
 
SB1968 Engrossed            -17-               LRB9213215ACpk
 1    objectives  shall  mean  Class  I  groundwater  standards  or
 2    objectives as applicable.
 3        (e) (1)  Notwithstanding  the provisions of this Section,
 4        an owner or operator may proceed to conduct physical soil
 5        classification,    groundwater    investigation,     site
 6        classification  or  other  corrective action prior to the
 7        submittal or approval of an otherwise required plan.   If
 8        the owner or operator elects to so proceed, an applicable
 9        plan  shall  be  filed with the Agency at any time.  Such
10        plan shall detail the steps taken to determine  the  type
11        of  corrective  action  which  was  necessary at the site
12        along with the corrective action taken or to be taken, in
13        addition to costs associated with activities to date  and
14        anticipated costs.
15             (2)  Upon   receipt   of   a  plan  submitted  after
16        activities have commenced at a  site,  the  Agency  shall
17        proceed  to  review  in the same manner as required under
18        this Title.  In the event the Agency disapproves  all  or
19        part  of the costs, the owner or operator may appeal such
20        decision to the Board.  The owner or operator  shall  not
21        be  eligible  to be reimbursed for such disapproved costs
22        unless and until the Board  determines  that  such  costs
23        were eligible for payment.
24    (Source:  P.A.  88-496;  88-668,  eff.  9-16-94; 89-428, eff.
25    1-1-96; 89-457, eff. 5-22-96; revised 1-25-02.)

26        (415 ILCS 5/57.8)
27        Sec.  57.8.  Underground  Storage  Tank  Fund;   payment;
28    options  for  State  payment; deferred correction election to
29    commence corrective action upon availability of funds. If  an
30    owner  or  operator  is  eligible  to  access the Underground
31    Storage Tank Fund pursuant to an Office of State Fire Marshal
32    eligibility/deductible final determination letter  issued  in
33    accordance  with  Section  57.9,  the  owner  or operator may
 
SB1968 Engrossed            -18-               LRB9213215ACpk
 1    submit a complete application for final or partial payment to
 2    the Agency for activities taken in response  to  a  confirmed
 3    release.  An  owner  or  operator  may  submit  a request for
 4    partial or final payment regarding a site no more  frequently
 5    than once every 90 days.
 6        (a)  Payment   after   completion  of  corrective  action
 7    measures. The owner or operator may submit an application for
 8    payment for activities performed at a site  after  completion
 9    of  the  requirements  of  Sections  57.6  and 57.7, or after
10    completion  of  any  other   required   activities   at   the
11    underground storage tank site.
12             (1)  In the case of any approved plan and budget for
13        which  payment  is  being sought, the Agency shall make a
14        payment determination within 120 days of receipt  of  the
15        application.   Such  determination  shall be considered a
16        final decision.  The Agency's review shall be limited  to
17        generally accepted auditing and accounting practices.  In
18        no case shall the Agency conduct additional review of any
19        plan  which  was  completed  within  the  budget,  beyond
20        auditing  for adherence to the corrective action measures
21        in the proposal.  If the  Agency  fails  to  approve  the
22        payment  application  within  120  days, such application
23        shall be deemed approved by  operation  of  law  and  the
24        Agency  shall  proceed to reimburse the owner or operator
25        the  amount  requested  in   the   payment   application.
26        However, in no event shall the Agency reimburse the owner
27        or operator an amount greater than the amount approved in
28        the plan.
29             (2)  If   sufficient  funds  are  available  in  the
30        Underground Storage Tank Fund, the Agency  shall,  within
31        60 days, forward to the Office of the State Comptroller a
32        voucher   in   the  amount  approved  under  the  payment
33        application.
34             (3)  In the case of insufficient funds,  the  Agency
 
SB1968 Engrossed            -19-               LRB9213215ACpk
 1        shall  form  a priority list for payment and shall notify
 2        persons in such priority list monthly of the availability
 3        of funds and when payment shall be made.   Payment  shall
 4        be  made  to  the  owner  or  operator  at  such  time as
 5        sufficient  funds  become   available   for   the   costs
 6        associated  with corrective action and costs expended for
 7        activities performed where no proposal  is  required,  if
 8        applicable.  Such priority list shall be available to any
 9        owner  or  operator  upon  request.  Priority for payment
10        shall be determined by the date  the  Agency  receives  a
11        complete  request  for  partial  or  final payment.  Upon
12        receipt  of  notification  from  the  Agency   that   the
13        requirements of this Title have been met, the Comptroller
14        shall make payment to the owner or operator of the amount
15        approved by the Agency, if sufficient money exists in the
16        Fund.   If  there is insufficient money in the Fund, then
17        payment shall not be made.   If  the  owner  or  operator
18        appeals  a  final  Agency payment determination and it is
19        determined that the owner or  operator  is  eligible  for
20        payment  or additional payment, the priority date for the
21        payment or additional payment shall be the  same  as  the
22        priority  date  assigned  to  the  original  request  for
23        partial or final payment.
24             (4)  Any  deductible,  as determined pursuant to the
25        Office  of  the  State  Fire  Marshal's  eligibility  and
26        deductibility  final  determination  in  accordance  with
27        Section  57.9,  shall  be  subtracted  from  any  payment
28        invoice paid to an eligible owner or operator.  Only  one
29        deductible shall apply per underground storage tank site.
30             (5)  In the event that costs are or will be incurred
31        in  addition  to  those  approved by the Agency, or after
32        payment, the owner  or  operator  may  submit  successive
33        plans  containing  amended  budgets.  The requirements of
34        Section 57.7 shall apply to any amended plans.
 
SB1968 Engrossed            -20-               LRB9213215ACpk
 1             (6)  For  purposes  of  this  Section,  a   complete
 2        application shall consist of:
 3                  (A)  A    certification    from    a   Licensed
 4             Professional  Engineer  or   Licensed   Professional
 5             Geologist   as   required   under   this  Title  and
 6             acknowledged by the owner or operator.
 7                  (B)  A statement of the amount approved in  the
 8             plan  and  the  amount  actually  sought for payment
 9             along with a certified statement that the amount  so
10             sought  shall  be  expended  in conformance with the
11             approved budget.
12                  (C)  A copy of the Office  of  the  State  Fire
13             Marshal's      eligibility     and     deductibility
14             determination.
15                  (D)  Proof  that  approval   of   the   payment
16             requested  will  not  result  in the limitations set
17             forth  in  subsection  (g)  of  this  Section  being
18             exceeded.
19                  (E)  A federal taxpayer  identification  number
20             and  legal status disclosure certification on a form
21             prescribed and provided by the Agency.
22        (b)  Commencement of corrective action upon  availability
23    of  funds.  The  Board  shall adopt regulations setting forth
24    procedures based on risk to human health or  the  environment
25    under  which  the owner or operator who has received approval
26    for any budget plan submitted pursuant to Section  57.7,  and
27    who is eligible for payment from the Underground Storage Tank
28    Fund  pursuant  to  an  Office  of  the  State  Fire  Marshal
29    eligibility  and  deductibility  determination,  may elect to
30    defer   site   classification,   low   priority   groundwater
31    monitoring,  or  remediation  activities  until   funds   are
32    available  in  an  amount equal to the amount approved in the
33    budget plan.  The regulations shall establish criteria  based
34    on  risk  to  human  health or the environment to be used for
 
SB1968 Engrossed            -21-               LRB9213215ACpk
 1    determining on  a  site-by-site  basis  whether  deferral  is
 2    appropriate.    The  regulations  also  shall  establish  the
 3    minimum  investigatory  requirements  for determining whether
 4    the risk based criteria are present  at  a  site  considering
 5    deferral  and  procedures  for  the notification of owners or
 6    operators of insufficient funds, Agency review of request for
 7    deferral, notification of Agency final  decisions,  returning
 8    deferred  sites to active status, and earmarking of funds for
 9    payment.
10        (c)  When the owner or operator requests  indemnification
11    for  payment  of  costs  incurred as a result of a release of
12    petroleum from an underground storage tank, if the  owner  or
13    operator  has satisfied the requirements of subsection (a) of
14    this Section, the Agency shall forward a copy of the  request
15    to  the  Attorney General.  The Attorney General shall review
16    and approve the request for indemnification if:
17             (1)  there is a legally enforceable judgment entered
18        against the owner  or  operator  and  such  judgment  was
19        entered due to harm caused by a release of petroleum from
20        an  underground  storage  tank  and such judgment was not
21        entered as a result of fraud; or
22             (2)  a settlement  with  a  third  party  due  to  a
23        release  of petroleum from an underground storage tank is
24        reasonable.
25        (d)  Notwithstanding any other provision of  this  Title,
26    the  Agency shall not approve payment to an owner or operator
27    from  the  Fund   for   costs   of   corrective   action   or
28    indemnification  incurred during a calendar year in excess of
29    the following  aggregate  amounts  based  on  the  number  of
30    petroleum underground storage tanks owned or operated by such
31    owner or operator in Illinois.
32             Amount                               Number of Tanks
33             $1,000,000............................fewer than 101
34             $2,000,000...............................101 or more
 
SB1968 Engrossed            -22-               LRB9213215ACpk
 1             (1)  Costs  incurred  in  excess  of  the  aggregate
 2        amounts  set  forth  in  paragraph (1) of this subsection
 3        shall not be eligible for payment in subsequent years.
 4             (2)  For  purposes  of  this  subsection,   requests
 5        submitted  by  any  of the agencies, departments, boards,
 6        committees or commissions of the State of Illinois  shall
 7        be acted upon as claims from a single owner or operator.
 8             (3)  For  purposes  of  this  subsection,  owner  or
 9        operator  includes  (i)  any subsidiary, parent, or joint
10        stock company of the  owner  or  operator  and  (ii)  any
11        company  owned  by any parent, subsidiary, or joint stock
12        company of the owner or operator.
13        (e)  Costs  of  corrective  action   or   indemnification
14    incurred  by  an owner or operator which have been paid to an
15    owner or  operator  under  a  policy  of  insurance,  another
16    written  agreement,  or  a  court  order are not eligible for
17    payment  under  this  Section.   An  owner  or  operator  who
18    receives payment under a policy of insurance, another written
19    agreement, or a court order shall reimburse the State to  the
20    extent  such  payment  covers  costs  for  which  payment was
21    received from the Fund.  Any monies  received  by  the  State
22    under this subsection (e) shall be deposited into the Fund.
23        (f)  Until  the  Board  adopts  regulations  pursuant  to
24    Section 57.14, handling charges are eligible for payment only
25    if  they  are  equal to or less than the amount determined by
26    the following table:
27        Subcontract or field      Eligible Handling Charges
28        Purchase Cost             as a Percentage of Cost

29        $0 - $5,000...........................................12%
30        $5,001 - $15,000.............$600+10% of amt. over $5,000
31        $15,001 - $50,000...........$1600+8% of amt. over $15,000
32        $50,001 - $100,000..........$4400+5% of amt. over $50,000
33        $100,001 - $1,000,000......$6900+2% of amt. over $100,000
34        (g)  The Agency shall not approve any  payment  from  the
 
SB1968 Engrossed            -23-               LRB9213215ACpk
 1    Fund to pay an owner or operator:
 2             (1)  for costs of corrective action incurred by such
 3        owner  or  operator  in an amount in excess of $1,000,000
 4        per occurrence; and
 5             (2)  for costs of indemnification of such  owner  or
 6        operator  in  an  amount  in  excess  of  $1,000,000  per
 7        occurrence.
 8        (h)  Payment  of  any amount from the Fund for corrective
 9    action or indemnification  shall  be  subject  to  the  State
10    acquiring  by  subrogation the rights of any owner, operator,
11    or other person to recover the costs of corrective action  or
12    indemnification  for  which  the  Fund  has  compensated such
13    owner, operator, or person from  the  person  responsible  or
14    liable for the release.
15        (i)  If  the  Agency  refuses to pay or authorizes only a
16    partial payment, the affected owner or operator may  petition
17    the Board for a hearing in the manner provided for the review
18    of permit decisions in Section 40 of this Act.
19        (j)  Costs   of   corrective  action  or  indemnification
20    incurred by an owner or operator  prior  to  July  28,  1989,
21    shall not be eligible for payment or reimbursement under this
22    Section.
23        (k)  The  Agency shall not pay costs of corrective action
24    or indemnification incurred before providing notification  of
25    the release of petroleum in accordance with the provisions of
26    this Title.
27        (l)  Corrective  action  does  not  include legal defense
28    costs.  Legal defense costs include legal costs  for  seeking
29    payment  under  this  Title  unless  the  owner  or  operator
30    prevails  before  the  Board  in  which  case  the  Board may
31    authorize payment of legal fees.
32        (m)  The Agency may apportion payment of costs for  plans
33    submitted under Section 57.7(c)(4)(E)(iii) if:
34             (1)  the  owner  or  operator was deemed eligible to
 
SB1968 Engrossed            -24-               LRB9213215ACpk
 1        access the Fund for payment of  corrective  action  costs
 2        for  some,  but not all, of the underground storage tanks
 3        at the site; and
 4             (2)  the owner or operator  failed  to  justify  all
 5        costs  attributable  to  each underground storage tank at
 6        the site.
 7    (Source: P.A. 91-357, eff. 7-29-99.)

 8        (415 ILCS 5/57.10)
 9        Sec.  57.10.   Professional  Engineer   or   Professional
10    Geologist certification; presumptions against liability.
11        (a)  Within  120  days  of  the  Agency's receipt of a No
12    Further Action site classification  report,  a  Low  Priority
13    groundwater  monitoring report, or a High Priority corrective
14    action completion report, the Agency shall issue to the owner
15    or operator a "no  further  remediation  letter"  unless  the
16    Agency has requested a modification, issued a rejection under
17    subsection  (d)  of  this  Section,  or  the  report has been
18    rejected by operation of law.
19        (b)  By  certifying  such   a   statement,   a   Licensed
20    Professional  Engineer  or  Licensed  Professional  Geologist
21    shall  in  no  way  be liable thereon, unless the engineer or
22    geologist gave such certification despite his or  her  actual
23    knowledge  that the performed measures were not in compliance
24    with applicable statutory or regulatory requirements  or  any
25    plan submitted to the Agency.
26        (c)  The  Agency's  issuance  of a no further remediation
27    letter shall signify,  based  on  the  certification  of  the
28    Licensed Professional Engineer, that:
29             (1)    all   statutory   and  regulatory  corrective
30        action requirements applicable  to  the  occurrence  have
31        been complied with;
32             (2)  all    corrective    action    concerning   the
33        remediation of the occurrence has been completed; and
 
SB1968 Engrossed            -25-               LRB9213215ACpk
 1             (3)  no further  corrective  action  concerning  the
 2        occurrence  is  necessary  for  the  protection  of human
 3        health, safety and the environment.
 4        (d)  The no further remediation letter issued under  this
 5    Section shall apply in favor of the following parties:
 6             (1)  The  owner  or  operator to whom the letter was
 7        issued.
 8             (2)  Any parent corporation or  subsidiary  of  such
 9        owner or operator.
10             (3)  Any  co-owner  or  co-operator, either by joint
11        tenancy,  right-of-survivorship,  or  any   other   party
12        sharing  a  legal relationship with the owner or operator
13        to whom the letter is issued.
14             (4)  Any holder of a beneficial interest of  a  land
15        trust   or   inter   vivos  trust  whether  revocable  or
16        irrevocable.
17             (5)  Any mortgagee or trustee of a deed of trust  of
18        such owner or operator.
19             (6)  Any  successor-in-interest  of  such  owner  or
20        operator.
21             (7)  Any   transferee  of  such  owner  or  operator
22        whether the transfer was by sale, bankruptcy  proceeding,
23        partition,   dissolution   of   marriage,  settlement  or
24        adjudication of any civil  action,  charitable  gift,  or
25        bequest.
26             (8)  Any heir or devisee or such owner or operator.
27        (e)  If  the  Agency  notifies the owner or operator that
28    the "no further remediation" letter has  been  rejected,  the
29    grounds  for such rejection shall be described in the notice.
30    Such a decision shall be a final determination which  may  be
31    appealed by the owner or operator.
32        (f)  The  Board  shall  adopt  rules  setting  forth  the
33    criteria  under  which  the  Agency  may  require an owner or
34    operator to  conduct  further  investigation  or  remediation
 
SB1968 Engrossed            -26-               LRB9213215ACpk
 1    related  to  a  release  for  which  a no further remediation
 2    letter has been issued.
 3        (g)  Holders of security interests in  sites  subject  to
 4    the  requirements  of this Title XVI shall be entitled to the
 5    same protections and subject  to  the  same  responsibilities
 6    provided under general regulations promulgated under Subtitle
 7    I  of  the Hazardous and Solid Waste Amendments of 1984 (P.L.
 8    98-616) of the Resource Conservation and Recovery Act of 1976
 9    (P.L. 94-580).
10    (Source: P.A.  88-496;  89-428,  eff.  1-1-96;  89-457,  eff.
11    5-22-96.)

12        (415 ILCS 5/58.2)
13        Sec.  58.2. Definitions.  The following words and phrases
14    when used in this Title shall have the meanings given to them
15    in  this  Section  unless  the  context   clearly   indicates
16    otherwise:
17        "Agrichemical   facility"   means   a   site   on   which
18    agricultural  pesticides  are  stored or handled, or both, in
19    preparation for end use, or distributed.  The term  does  not
20    include basic manufacturing facility sites.
21        "ASTM"   means  the  American  Society  for  Testing  and
22    Materials.
23        "Area  background"  means  concentrations  of   regulated
24    substances  that  are consistently present in the environment
25    in the vicinity of a site that  are  the  result  of  natural
26    conditions  or human activities, and not the result solely of
27    releases at the site.
28        "Brownfields site" or "brownfields"  means  a  parcel  of
29    real property, or a portion of the parcel, that has actual or
30    perceived   contamination   and   an   active  potential  for
31    redevelopment.
32        "Class I groundwater" means groundwater  that  meets  the
33    Class  I  Potable  Resource groundwater criteria set forth in
 
SB1968 Engrossed            -27-               LRB9213215ACpk
 1    the  Board  rules  adopted  under  the  Illinois  Groundwater
 2    Protection Act.
 3        "Class III groundwater" means groundwater that meets  the
 4    Class  III Special Resource Groundwater criteria set forth in
 5    the  Board  rules  adopted  under  the  Illinois  Groundwater
 6    Protection Act.
 7        "Carcinogen" means a contaminant that is classified as  a
 8    Category  A1  or  A2 Carcinogen by the American Conference of
 9    Governmental Industrial Hygienists; or a Category 1 or  2A/2B
10    Carcinogen  by  the  World Health Organizations International
11    Agency for Research on Cancer; or  a  "Human  Carcinogen"  or
12    "Anticipated   Human   Carcinogen"   by   the  United  States
13    Department of Health and Human Service National Toxicological
14    Program; or a Category A or B1/B2 Carcinogen  by  the  United
15    States  Environmental  Protection  Agency  in Integrated Risk
16    Information System or  a  Final  Rule  issued  in  a  Federal
17    Register notice by the USEPA as of the effective date of this
18    amendatory Act of 1995.
19        "Licensed  Professional  Engineer"  (LPE) means a person,
20    corporation, or partnership licensed under the laws  of  this
21    State to practice professional engineering.
22        "Licensed Professional Geologist" means a person licensed
23    under  the  laws  of  the  State of Illinois to practice as a
24    professional geologist.
25        "RELPEG" means a  Licensed  Professional  Engineer  or  a
26    Licensed   Professional   Geologist  engaged  in  review  and
27    evaluation under this Title.
28        "Man-made pathway"  means  constructed  routes  that  may
29    allow  for  the  transport of regulated substances including,
30    but not limited to, sewers, utility  lines,  utility  vaults,
31    building   foundations,  basements,  crawl  spaces,  drainage
32    ditches, or previously excavated and filled areas.
33        "Municipality" means an incorporated  city,  village,  or
34    town in this State.  "Municipality" does not mean a township,
 
SB1968 Engrossed            -28-               LRB9213215ACpk
 1    town  when that term is used as the equivalent of a township,
 2    incorporated town  that  has  superseded  a  civil  township,
 3    county, or school district, park district, sanitary district,
 4    or similar governmental district.
 5        "Natural  pathway" means natural routes for the transport
 6    of regulated substances including, but not limited to,  soil,
 7    groundwater,  sand  seams  and  lenses,  and gravel seams and
 8    lenses.
 9        "Person"  means  individual,  trust,  firm,  joint  stock
10    company,  joint  venture,  consortium,   commercial   entity,
11    corporation    (including    a    government    corporation),
12    partnership,  association,  State,  municipality, commission,
13    political subdivision of a  State,  or  any  interstate  body
14    including  the  United States Government and each department,
15    agency, and instrumentality of the United States.
16        "Regulated substance" means any  hazardous  substance  as
17    defined   under   Section   101(14)   of   the  Comprehensive
18    Environmental Response, Compensation, and  Liability  Act  of
19    1980 (P.L. 96-510) and petroleum products including crude oil
20    or  any  fraction  thereof, natural gas, natural gas liquids,
21    liquefied natural gas, or synthetic gas usable for  fuel  (or
22    mixtures of natural gas and such synthetic gas).
23        "Remedial   action"   means  activities  associated  with
24    compliance with the provisions of Sections 58.6 and 58.7.
25        "Remediation Applicant" (RA) means any person seeking  to
26    perform  or  performing  investigative or remedial activities
27    under this Title, including the owner or operator of the site
28    or persons authorized by law or consent  to act on behalf  of
29    or in lieu of the owner or operator of the site.
30        "Remediation  costs"  means  reasonable  costs  paid  for
31    investigating and remediating regulated substances of concern
32    consistent with the remedy selected for a site.  For purposes
33    of Section 58.14, "remediation costs" shall not include costs
34    incurred  prior  to January 1, 1998, costs incurred after the
 
SB1968 Engrossed            -29-               LRB9213215ACpk
 1    issuance of a No Further  Remediation  Letter  under  Section
 2    58.10  of  this  Act,  or  costs incurred more than 12 months
 3    prior to acceptance into the Site Remediation Program.
 4        "Residential property" means any real  property  that  is
 5    used  for  habitation  by individuals and other property uses
 6    defined by Board rules such as education, health care,  child
 7    care and related uses.
 8        "Site" means any single location, place, tract of land or
 9    parcel  of property, or portion thereof, including contiguous
10    property separated by a public  right-of-way.
11        "Regulated substance of concern"  means  any  contaminant
12    that  is  expected  to be present at the site based upon past
13    and current land uses and associated releases that are  known
14    to the Remediation Applicant based upon reasonable inquiry.
15    (Source:  P.A.  89-431,  eff.  12-15-95; 89-443, eff. 7-1-96;
16    90-123, eff. 7-21-97.)

17        (415 ILCS 5/58.6)
18        Sec. 58.6.  Remedial investigations and reports.
19        (a)  Any RA who proceeds under this Title  may  elect  to
20    seek   review   and  approval  for  any  of  the  remediation
21    objectives provided in Section 58.5 for any or all  regulated
22    substances  of  concern.  The RA shall conduct investigations
23    and  remedial activities for regulated substances of  concern
24    and prepare plans and reports in accordance with this Section
25    and  rules  adopted hereunder.  The RA shall submit the plans
26    and reports  for  review  and  approval  in  accordance  with
27    Section   58.7.    All  investigations,  plans,  and  reports
28    conducted or prepared under this Section shall be  under  the
29    supervision  of a Licensed Professional Engineer (LPE) or, in
30    the  case  of  a  site   investigation   only,   a   Licensed
31    Professional Geologist in accordance with the requirements of
32    this Title.
33        (b) (1)  Site   investigation   and   Site  Investigation
 
SB1968 Engrossed            -30-               LRB9213215ACpk
 1        Report.  The  RA shall conduct a  site  investigation  to
 2        determine  the  significant physical features of the site
 3        and vicinity that may affect  contaminant  transport  and
 4        risk  to human health, safety, and the environment and to
 5        determine the nature, concentration, direction  and  rate
 6        of movement, and extent of the contamination at the site.
 7             (2)  The   RA  shall  compile  the  results  of  the
 8        investigations into a Site Investigation  Report.   At  a
 9        minimum,  the  reports  shall  include  the following, as
10        applicable:
11                  (A)  Executive summary;
12                  (B)  Site history;
13                  (C)  Site-specific   sampling    methods    and
14             results;
15                  (D)  Documentation    of    field   activities,
16             including quality assurance project plan;
17                  (E)  Interpretation of results; and
18                  (F)  Conclusions.
19        (c)  Remediation Objectives Report.
20             (1)  If  a  RA   elects  to  determine   remediation
21        objectives  appropriate for the site using the Tier II or
22        Tier III procedures under  subsection  (d)    of  Section
23        58.5,  the  RA  shall develop such remediation objectives
24        based on site-specific information. In  support  of  such
25        remediation   objectives,   the   RA   shall  prepare   a
26        Remediation  Objectives  Report  demonstrating  how   the
27        site-specific  objectives  were  calculated  or otherwise
28        determined.
29             (2)  If  a  RA   elects  to  determine   remediation
30        objectives  appropriate  for  the  site  using  the  area
31        background  procedures  under subsection (b)   of Section
32        58.5, the RA shall develop  such  remediation  objectives
33        based   on   site-specific  literature  review,  sampling
34        protocol,   or   appropriate   statistical   methods   in
 
SB1968 Engrossed            -31-               LRB9213215ACpk
 1        accordance  with  Board  rules.    In  support  of   such
 2        remediation   objectives,   the   RA   shall   prepare  a
 3        Remediation Objectives Report demonstrating how the  area
 4        background remediation objectives were determined.
 5        (d)  Remedial  Action  Plan.  If the approved remediation
 6    objectives for  any  regulated  substance  established  under
 7    Section  58.5  are  less than the levels existing at the site
 8    prior to any remedial action, the RA shall prepare a Remedial
 9    Action Plan.  The Remedial Action  Plan  shall  describe  the
10    selected remedy and evaluate its ability and effectiveness to
11    achieve the remediation objectives approved for the site.  At
12    a  minimum,  the  reports  shall  include  the  following, as
13    applicable:
14             (1)  Executive summary;
15             (2)  Statement of remediation objectives;
16             (3)   Remedial technologies selected;
17             (4)  Confirmation sampling plan;
18             (5)  Current  and  projected  future  use   of   the
19        property; and
20             (6)  Applicable    preventive,    engineering,   and
21        institutional controls including  long-term  reliability,
22        operating,   and   maintenance   plans,   and  monitoring
23        procedures.
24        (e)  Remedial Action Completion Report.
25             (1)  Upon completion of the  Remedial  Action  Plan,
26        the RA shall prepare a Remedial Action Completion Report.
27        The  report shall demonstrate whether the remedial action
28        was completed in accordance with  the  approved  Remedial
29        Action  Plan  and  whether the remediation objectives, as
30        well as any other requirements of  the  plan,  have  been
31        attained.
32             (2)  If  the approved remediation objectives for the
33        regulated substances of concern established under Section
34        58.5 are equal to or above the  levels  existing  at  the
 
SB1968 Engrossed            -32-               LRB9213215ACpk
 1        site  prior  to  any  remedial  action,  notification and
 2        documentation  of  such  shall  constitute   the   entire
 3        Remedial  Action  Completion  Report for purposes of this
 4        Title.
 5        (f)  Ability to proceed.  The RA may elect to prepare and
 6    submit for review and approval any and all reports  or  plans
 7    required  under  the provisions of this Section individually,
 8    following completion of  each  such  activity;  concurrently,
 9    following  completion  of  all  activities;  or  in any other
10    combination.  In any event, the review and  approval  process
11    shall  proceed  in  accordance  with  Section  58.7 and rules
12    adopted thereunder.
13        (g)  Nothing in this Section shall  prevent  an  RA  from
14    implementing  or  conducting an interim or any other remedial
15    measure prior to election to proceed under Section 58.6.
16        (h)  In accordance with Section 58.11, the  Agency  shall
17    propose  and  the  Board  shall  adopt rules to carry out the
18    purposes of this Section.
19    (Source: P.A. 89-431, eff. 12-15-95; 89-443, eff. 7-1-96.)

20        (415 ILCS 5/58.7)
21        Sec. 58.7. Review and approvals.
22        (a)  Requirements.   All  plans  and  reports  that   are
23    submitted  pursuant  to  this  Title  shall  be submitted for
24    review or approval in accordance with this Section.
25        (b)  Review and evaluation by the Agency.
26             (1)  Except for sites excluded under subdivision (a)
27        (2)  of  Section  58.1,  the  Agency  shall,  subject  to
28        available  resources,  agree  to   provide   review   and
29        evaluation  services  for activities carried out pursuant
30        to this Title for which the RA requested the services  in
31        writing.  As a condition for providing such services, the
32        Agency may require that the RA for a site:
33                  (A)  Conform with the procedures of this Title;
 
SB1968 Engrossed            -33-               LRB9213215ACpk
 1                  (B)  Allow for or otherwise arrange site visits
 2             or  other  site  evaluation  by  the  Agency when so
 3             requested;
 4                  (C)  Agree to perform the work plan as approved
 5             under this Title;
 6                  (D)  Agree to pay any reasonable costs incurred
 7             and documented  by  the  Agency  in  providing  such
 8             services;
 9                  (E)  Make  an  advance  partial  payment to the
10             Agency for such anticipated services in  an  amount,
11             acceptable  to  the Agency, but not to exceed $5,000
12             or one-half of the total anticipated  costs  of  the
13             Agency, whichever sum is less; and
14                  (F)  Demonstrate,  if  necessary,  authority to
15             act on  behalf  of  or  in  lieu  of  the  owner  or
16             operator.
17             (2)  Any  moneys  received  by  the  State for costs
18        incurred by the Agency in performing review or evaluation
19        services for actions conducted  pursuant  to  this  Title
20        shall be deposited in the Hazardous Waste Fund.
21             (3)  An RA requesting services under subdivision (b)
22        (1)  of this Section may, at any time, notify the Agency,
23        in writing, that Agency services previously requested are
24        no longer wanted.  Within 180 days after receipt  of  the
25        notice,  the  Agency  shall  provide  the RA with a final
26        invoice for services provided  until  the  date  of  such
27        notifications.
28             (4)  The  Agency may invoice or otherwise request or
29        demand payment from a RA for costs incurred by the Agency
30        in performing review or evaluation services  for  actions
31        by the RA at sites only if:
32                  (A)  The   Agency   has   incurred   costs   in
33             performing  response  actions,  other than review or
34             evaluation services, due to the failure of the RA to
 
SB1968 Engrossed            -34-               LRB9213215ACpk
 1             take response action in  accordance  with  a  notice
 2             issued pursuant to this Act;
 3                  (B)  The  RA  has  agreed  in  writing  to  the
 4             payment of such costs;
 5                  (C)  The  RA has been ordered to pay such costs
 6             by the Board or a court  of  competent  jurisdiction
 7             pursuant to this Act; or
 8                  (D)  The  RA  has requested or has consented to
 9             Agency   review   or   evaluation   services   under
10             subdivision (b)  (1)   of this Section.
11             (5)  The Agency may, subject to available resources,
12        agree to  provide  review  and  evaluation  services  for
13        response  actions  if  there is a written agreement among
14        parties to a legal action or if a  notice  to  perform  a
15        response action has been issued by the Agency.
16        (c)  Review  and  evaluation  by  a Licensed Professional
17    Engineer or Licensed Professional Geologist.  A RA may  elect
18    to  contract with a Licensed Professional Engineer or, in the
19    case  of  a  site  investigation  report  only,  a   Licensed
20    Professional   Geologist,   who   will   perform  review  and
21    evaluation services on behalf of and under the  direction  of
22    the Agency relative to the site activities.
23             (1)  Prior  to  entering  into the contract with the
24        RELPEG  Review  and  Evaluation   Licensed   Professional
25        Engineer  (RELPE),  the RA shall notify the Agency of the
26        RELPEG RELPE to be selected.  The Agency and the RA shall
27        discuss the potential terms of the contract.
28             (2)  At a minimum,  the  contract  with  the  RELPEG
29        RELPE   shall  provide  that the RELPEG RELPE will submit
30        any reports directly to the Agency, will take his or  her
31        directions for work assignments from the Agency, and will
32        perform the assigned work on behalf of the Agency.
33             (3)  Reasonable  costs  incurred by the Agency shall
34        be paid by the RA directly to the Agency  in   accordance
 
SB1968 Engrossed            -35-               LRB9213215ACpk
 1        with  the  terms  of  the  review and evaluation services
 2        agreement entered  into  under  subdivision  (b)  (1)  of
 3        Section 58.7.
 4             (4)  In  no  event  shall the RELPEG RELPE acting on
 5        behalf of the Agency be an employee  of  the  RA  or  the
 6        owner  or  operator  of the site or be an employee of any
 7        other person the RA has contracted  to  provide  services
 8        relative to the site.
 9        (d)  Review  and  approval.   All  reviews required under
10    this Title shall be carried out by the  Agency  or  a  RELPEG
11    RELPE,  both  under  the direction of a Licensed Professional
12    Engineer  or,  in  the  case  of  the  review   of   a   site
13    investigation only, a Licensed Professional Geologist.
14             (1)  All  review  activities conducted by the Agency
15        or a RELPEG RELPE shall be  carried  out  in  conformance
16        with  this  Title  and  rules  promulgated  under Section
17        58.11.
18             (2)  Subject to the limitations  in  subsection  (c)
19        and this subsection (d), the specific plans, reports, and
20        activities  that  which  the Agency or a RELPEG RELPE may
21        review include:
22                  (A)  Site  Investigation  Reports  and  related
23             activities;
24                  (B)  Remediation Objectives Reports;
25                  (C)  Remedial   Action   Plans   and    related
26             activities; and
27                  (D)  Remedial  Action  Completion  Reports  and
28             related activities.
29             (3)  Only  the  Agency  shall  have the authority to
30        approve, disapprove, or approve with conditions   a  plan
31        or  report  as  a  result of the review process including
32        those plans and reports reviewed by a RELPEG  RELPE.   If
33        the  Agency  disapproves  a  plan or report or approves a
34        plan or report with conditions, the written  notification
 
SB1968 Engrossed            -36-               LRB9213215ACpk
 1        required  by  subdivision  (d)  (4) of this Section shall
 2        contain the following information, as applicable:
 3                  (A)  An explanation of  the  Sections  of  this
 4             Title that may be violated if the plan or report was
 5             approved;
 6                  (B)  An  explanation  of  the provisions of the
 7             rules promulgated  under  this  Title  that  may  be
 8             violated if the plan or report was approved;
 9                  (C)  An  explanation  of  the  specific type of
10             information, if  any,  that  the  Agency  deems  the
11             applicant did not provide the Agency;
12                  (D)  A  statement  of  specific reasons why the
13             Title and regulations might not be met if  the  plan
14             or report were approved; and
15                  (E)  An   explanation   of   the   reasons  for
16             conditions if conditions are required.
17             (4)  Upon approving, disapproving, or approving with
18        conditions a plan or report, the Agency shall notify  the
19        RA  in  writing of its decision.  In the case of approval
20        or  approval  with  conditions  of  a   Remedial   Action
21        Completion  Report, the Agency shall prepare a No Further
22        Remediation Letter that meets the requirements of Section
23        58.10 and send a copy of the letter to the RA.
24             (5)  All reviews  undertaken  by  the  Agency  or  a
25        RELPEG   RELPE  shall  be  completed  and  the  decisions
26        communicated to the RA within 60 days of the request  for
27        review or approval.  The RA may waive the deadline upon a
28        request  from  the  Agency.  If the Agency disapproves or
29        approves with conditions a plan or  report  or  fails  to
30        issue  a  final decision within the 60 day period and the
31        RA has not agreed to a waiver of  the  deadline,  the  RA
32        may,  within  35  days,  file  an  appeal  to  the Board.
33        Appeals to the Board shall be in the manner provided  for
34        the review of permit decisions in Section 40 of this Act.
 
SB1968 Engrossed            -37-               LRB9213215ACpk
 1        (e)  Standard  of  review.  In making determinations, the
 2    following factors, and additional factors as may  be  adopted
 3    by  the  Board  in  accordance  with  Section 58.11, shall be
 4    considered by the Agency when reviewing or  approving  plans,
 5    reports,  and  related  activities, or the RELPEG RELPE, when
 6    reviewing plans, reports, and related activities:
 7             (1)  Site   Investigation   Reports   and    related
 8        activities:   Whether  investigations have been conducted
 9        and  the  results  compiled  in   accordance   with   the
10        appropriate  procedures  and  whether the interpretations
11        and conclusions reached are supported by the  information
12        gathered.   In  making  the  determination, the following
13        factors shall be considered:
14                  (A)  The adequacy of  the  description  of  the
15             site  and  site  characteristics  that  were used to
16             evaluate the site;
17                  (B)  The  adequacy  of  the  investigation   of
18             potential pathways and risks to receptors identified
19             at the site; and
20                  (C)  The  appropriateness  of  the sampling and
21             analysis used.
22             (2)  Remediation  Objectives  Reports:  Whether  the
23        remediation   objectives   are   consistent   with    the
24        requirements  of  the  applicable method for selecting or
25        determining remediation objectives  under  Section  58.5.
26        In making the determination,  the following factors shall
27        be considered:
28                  (A)  If   the  objectives  were  based  on  the
29             determination  of  area  background   levels   under
30             subsection  (b)  of Section 58.5, whether the review
31             of current and historic  conditions  at  or  in  the
32             immediate vicinity of the site has been thorough and
33             whether  the  site  sampling  and  analysis has been
34             performed  in  a  manner   resulting   in   accurate
 
SB1968 Engrossed            -38-               LRB9213215ACpk
 1             determinations;
 2                  (B)  If  the  objectives were calculated on the
 3             basis of predetermined equations using site specific
 4             data,  whether  the  calculations  were   accurately
 5             performed and whether the site specific data reflect
 6             actual site conditions; and
 7                  (C)  If  the objectives were determined using a
 8             site specific risk assessment procedure, whether the
 9             procedure  used   is   nationally   recognized   and
10             accepted,  whether  the calculations were accurately
11             performed,  and  whether  the  site  specific   data
12             reflect actual site conditions.
13             (3)  Remedial  Action  Plans and related activities:
14        Whether the plan will  result  in  compliance  with  this
15        Title,  and  rules adopted under it and attainment of the
16        applicable  remediation  objectives.    In   making   the
17        determination, the following factors shall be considered:
18                  (A)  The  likelihood  that the plan will result
19             in the  attainment  of  the  applicable  remediation
20             objectives;
21                  (B)  Whether   the   activities   proposed  are
22             consistent  with  generally   accepted   engineering
23             practices; and
24                  (C)  The  management  of  risk  relative to any
25             remaining contamination, including but  not  limited
26             to,   provisions   for  the  long-term  enforcement,
27             operation,  and  maintenance  of  institutional  and
28             engineering controls, if relied on.
29             (4)  Remedial Action Completion Reports and  related
30        activities:   Whether  the  remedial activities have been
31        completed in accordance with the approved Remedial Action
32        Plan and whether the  applicable  remediation  objectives
33        have been attained.
34        (f)  All  plans  and  reports  submitted for review shall
 
SB1968 Engrossed            -39-               LRB9213215ACpk
 1    include a Licensed Professional Engineer's certification that
 2    all investigations and remedial activities  were carried  out
 3    under  his  or  her  direction and, to the best of his or her
 4    knowledge and belief, the  work  described  in  the  plan  or
 5    report  has  been  completed  in  accordance  with  generally
 6    accepted engineering practices, and the information presented
 7    is accurate and complete. In the case of a site investigation
 8    report  prepared  or  supervised  by  a Licensed Professional
 9    Geologist, the required certification  may  be  made  by  the
10    Licensed  Professional  Geologist  (rather  than  a  Licensed
11    Professional  Engineer)  and  based  upon  generally accepted
12    principles of professional geology.
13        (g)  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.  At  a  minimum,  the  rules  shall
16    detail  the  types  of  services  the  Agency  may provide in
17    response to  requests  under  subdivision  (b)  (1)  of  this
18    Section  and the recordkeeping it will utilize in documenting
19    to the RA the costs incurred by the Agency in providing  such
20    services.   Until  the Board adopts the rules, the Agency may
21    continue  to  offer  services  of  the  type  offered   under
22    subsections  (m) and (n) of Section 22.2 of this Act prior to
23    their repeal.
24        (h)  Public participation.
25             (1)  The Agency shall  develop  guidance  to  assist
26        RA's  in the implementation of a community relations plan
27        to address activity at sites undergoing  remedial  action
28        pursuant to this Title.
29             (2)  The  RA   may  elect  to  enter into a services
30        agreement  with  the  Agency  for  Agency  assistance  in
31        community outreach efforts.
32             (3)  The Agency shall maintain  a  registry  listing
33        those  sites  undergoing remedial action pursuant to this
34        Title.
 
SB1968 Engrossed            -40-               LRB9213215ACpk
 1             (4)  Notwithstanding any provisions of this Section,
 2        the RA of a site undergoing remedial activity pursuant to
 3        this Title may elect to  initiate  a  community  outreach
 4        effort for the site.
 5    (Source:  P.A.  89-431,  eff.  12-15-95; 89-443, eff. 7-1-96;
 6    89-626, eff. 8-9-96.)

 7        (415 ILCS 5/58.11)
 8        Sec. 58.11. Regulations  and  Site  Remediation  Advisory
 9    Committee.
10        (a)  There   is   hereby  established  a  10-member  Site
11    Remediation Advisory Committee, which shall be  appointed  by
12    the   Governor.   The  Committee  shall  include  one  member
13    recommended by the Illinois State Chamber  of  Commerce,  one
14    member    recommended    by   the   Illinois   Manufacturers'
15    Association, one member recommended by the Chemical  Industry
16    Council of Illinois, one member recommended by the Consulting
17    Engineers  Council of Illinois, one member recommended by the
18    Illinois Bankers Association, one member recommended  by  the
19    Community   Bankers   Association  of  Illinois,  one  member
20    recommended  by   the   National   Solid   Waste   Management
21    Association,  and  3  other  members  as  determined  by  the
22    Governor.   Members  of  the  Advisory Committee may organize
23    themselves as they deem necessary  and  shall  serve  without
24    compensation.
25        (b)  The Committee shall:
26             (1)  Review,   evaluate,  and  make  recommendations
27        regarding State laws, rules, and procedures  that  relate
28        to site remediations.
29             (2)  Review,   evaluate,  and  make  recommendations
30        regarding the  review  and  approval  activities  of  the
31        Agency  and  Review  and Evaluation Licensed Professional
32        Engineers and Geologists.
33             (3)  Make recommendations relating  to  the  State's
 
SB1968 Engrossed            -41-               LRB9213215ACpk
 1        efforts to  implement this Title.
 2             (4)  Review,   evaluate,  and  make  recommendations
 3        regarding the procedures  for  determining  proportionate
 4        degree  of  responsibility  for  a  release  of regulated
 5        substances.
 6             (5)  Review,  evaluate,  and  make   recommendations
 7        regarding   the   reports   prepared  by  the  Agency  in
 8        accordance with subsection (e) of this Section.
 9        (c)  Within 9 months after the  effective  date  of  this
10    amendatory  Act  of  1995, the Agency, after consideration of
11    the recommendations of the  Committee,  shall  propose  rules
12    prescribing  procedures  and standards for its administration
13    of this Title.  Within 9 months after receipt of the Agency's
14    proposed rules, the Board shall adopt, pursuant  to  Sections
15    27  and  28  of this Act, rules that are consistent with this
16    Title, including classifications of land use  and  provisions
17    for the voidance of No Further Remediation Letters.
18        (d)  Until  such  time  as  the rules required under this
19    Section  take  effect,  the  Agency  shall   administer   its
20    activities   under  this  Title  in  accordance  with  Agency
21    procedures and applicable provisions of this Act.
22        (e)  By  July  1,  1997   and   as   deemed   appropriate
23    thereafter,  the Agency shall prepare reports to the Governor
24    and the General Assembly concerning the status of  all  sites
25    for  which  the  Agency has expended money from the Hazardous
26    Waste Fund.  The reports shall include  specific  information
27    on the financial, technical, and cost recovery status of each
28    site.
29    (Source: P.A.  89-431,  eff.  12-15-95;  89-443, eff. 7-1-96;
30    89-626, eff. 8-9-96.)

31        Section 99.  Effective date.  This Act takes effect  upon
32    becoming law.

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