Public Act 93-0260

HB0910 Enrolled                      LRB093 05414 AMC 05504 b

    AN ACT concerning environmental protection.

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

    Section  5.   The Environmental Protection Act is amended
by adding Section 22.3a as follows:

    (415 ILCS 5/22.3a new)
    Sec.  22.3a.  Expedited   review   of   hazardous   waste
corrective action.
    (a)  It  is  the  intent  of  this  Section to promote an
expedited  RCRA  hazardous  waste  corrective  action  review
process.
    (b)  The owner or operator of a hazardous waste  facility
performing corrective action pursuant to the federal Resource
Conservation  and  Recovery Act of 1976 or regulations issued
thereunder,  or  analogous  State  law  or  regulations,  may
request  from  the  Agency  an  expedited  review   of   that
corrective  action.   Within  a  reasonable  time, the Agency
shall respond in writing, indicating whether the Agency  will
perform expedited review.
    (c)  An  owner  or operator approved by the Agency for an
expedited review under this Section shall pay to  the  Agency
all  reasonable  costs the Agency incurs in its review of the
owner's or operator's corrective action activities (including
but not limited to investigations, monitoring, and cleanup of
releases  of  hazardous  waste  or  hazardous  constituents).
Prior to any Agency review, the owner or operator shall  make
an  advance  partial  payment  to  the Agency for anticipated
review costs in an amount acceptable to the Agency,  but  not
to  exceed  $5,000 or one-half of the total anticipated costs
of the Agency, whichever is less.  All amounts  paid  to  the
Agency  pursuant  to this Section shall be deposited into the
Environmental Protection Permit and Inspection Fund.
    (d)  The Agency's expedited  review  under  this  Section
shall  include,  but  need  not  be limited to: review of the
owner's  or  operator's  corrective  action  plans,  reports,
documents,  and  associated  field  activities;  issuance  of
corrective action decision documents; and issuance of letters
certifying the completion of corrective action activities  or
discrete portions thereof.
    (e)  The Agency may cease its expedited review under this
Section  if  an  owner  or operator fails to pay the Agency's
review costs when due.
    (f)  An owner or operator approved by the Agency  for  an
expedited  review under this Section may withdraw its request
for an expedited review at any time by providing  the  Agency
with written notification of its withdrawal; but the owner or
operator  shall  be  responsible  to pay all expedited review
costs incurred by the Agency through the date of withdrawal.

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