[ Home ] [ ILCS ] [ Search ] [ Bottom ]
[ Other General Assemblies ]
Public Act 92-0554
HB4471 Enrolled LRB9212424LBpr
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 changing Sections 57.1, 57.2, 57.5, 57.6, 57.7, 57.8,
57.10, and 57.13 and adding Section 57.14A as follows:
(415 ILCS 5/57.1)
Sec. 57.1. Applicability.
(a) An owner or operator of an underground storage tank
who meets the definition of this Title shall be required to
conduct tank removal, abandonment and, repair, site
investigation, and physical soil classification, groundwater
investigation, site classification or corrective action in
accordance with the requirements of the Leaking Underground
Storage Tank Program.
(b) An owner or operator of a heating oil tank as
defined by this Title may elect to perform tank removal,
abandonment or, repair, site investigation, or corrective
action, unless the provisions of subsection (g) of Section
57.5 are applicable.
(c) All owners or operators who conduct tank removal,
repair or, abandonment, site investigation, physical soil
classification, groundwater investigation, site
classification or corrective action may be eligible for the
relief provided for under Section 57.10 of this Title.
(d) The owners or operators, or both, of underground
storage tanks containing regulated substances other than
petroleum shall undertake corrective action in conformance
with regulations promulgated by the Illinois Pollution
Control Board.
(Source: P.A. 88-496; 89-428, eff. 1-1-96; 89-457, eff.
5-22-96.)
(415 ILCS 5/57.2)
Sec. 57.2. Definitions. As used in this Title:
"Audit" means a systematic inspection or examination of
plans, reports, records, or documents to determine the
completeness and accuracy of the data and conclusions
contained therein.
"Bodily injury" means bodily injury, sickness, or disease
sustained by a person, including death at any time, resulting
from a release of petroleum from an underground storage tank.
"Release" means any spilling, leaking, emitting,
discharging, escaping, leaching or disposing of petroleum
from an underground storage tank into groundwater, surface
water or subsurface soils.
"Fill material" means non-native or disturbed materials
used to bed and backfill around an underground storage tank.
"Fund" means the Underground Storage Tank Fund.
"Heating Oil" means petroleum that is No. 1, No. 2, No. 4
- light, No. 4 - heavy, No. 5 - light, No. 5 - heavy or No. 6
technical grades of fuel oil; and other residual fuel oils
including Navy Special Fuel Oil and Bunker C.
"Indemnification" means indemnification of an owner or
operator for the amount of any judgment entered against the
owner or operator in a court of law, for the amount of any
final order or determination made against the owner or
operator by an agency of State government or any subdivision
thereof, or for the amount of any settlement entered into by
the owner or operator, if the judgment, order, determination,
or settlement arises out of bodily injury or property damage
suffered as a result of a release of petroleum from an
underground storage tank owned or operated by the owner or
operator.
"Corrective action" means activities associated with
compliance with the provisions of Sections 57.6 and 57.7 of
this Title.
"Occurrence" means an accident, including continuous or
repeated exposure to conditions, that results in a sudden or
nonsudden release from an underground storage tank.
When used in connection with, or when otherwise relating
to, underground storage tanks, the terms "facility", "owner",
"operator", "underground storage tank", "(UST)", "petroleum"
and "regulated substance" shall have the meanings ascribed to
them in Subtitle I of the Hazardous and Solid Waste
Amendments of 1984 (P.L. 98-616), of the Resource
Conservation and Recovery Act of 1976 (P.L. 94-580); provided
however that the term "underground storage tank" shall also
mean an underground storage tank used exclusively to store
heating oil for consumptive use on the premises where stored
and which serves other than a farm or residential unit.
"Licensed Professional Engineer" means a person,
corporation, or partnership licensed under the laws of the
State of Illinois to practice professional engineering.
"Site" means any single location, place, tract of land or
parcel of property including contiguous property not
separated by a public right-of-way.
"Site investigation" means activities associated with
compliance with the provisions of subsection (a) of Section
57.7.
"Physical soil classification" means verification that
subsurface strata are as generally mapped in the publication
Illinois Geological Survey Circular (1984) titled "Potential
for Contamination of Shallow Aquifers in Illinois," by Berg,
Richard C., et al. Such classification may include review of
soil borings, well logs, physical soil analyses, regional
geologic maps, or other scientific publications.
"Property damage" means physical injury to, destruction
of, or contamination of tangible property, including all
resulting loss of use of that property; or loss of use of
tangible property that is not physically injured, destroyed,
or contaminated, but has been evacuated, withdrawn from use,
or rendered inaccessible because of a release of petroleum
from an underground storage tank.
"Class I Groundwater" means groundwater that meets the
Class I: Potable Resource Groundwater criteria set forth in
the Board regulations adopted pursuant to the Illinois
Groundwater Protection Act.
"Class III Groundwater" means groundwater that meets the
Class III: Special Resource Groundwater criteria set forth
in the Board regulations adopted pursuant to the Illinois
Groundwater Protection Act.
(Source: P.A. 88-496; 89-428, eff. 1-1-96; 89-457, eff.
5-22-96.)
(415 ILCS 5/57.5)
Sec. 57.5. Underground Storage Tanks; removal; repair;
abandonment.
(a) Notwithstanding the eligibility or the level of
deductibility of an owner or operator under the Underground
Storage Tank Fund, any owner or operator of an Underground
Storage Tank may seek to remove or abandon such tank under
the provisions of this Title. In order to be reimbursed
under Section 57.8, the owner or operator must comply with
the provisions of this Title. In no event will an owner or
operator be reimbursed for any costs which exceed the minimum
requirements necessary to comply with this Title.
(b) Removal or abandonment of an Underground Storage
Tank must be carried out in accordance with regulations
adopted by the Office of State Fire Marshal.
(c) The Office of the State Fire Marshal or a designated
agent shall have an inspector on site at the time of removal,
abandonment, or such other times the Office of State Fire
Marshal deems appropriate. At such time, the inspector
shall, upon preliminary excavation of the tank site, render
an opinion as to whether a release of petroleum has occurred
and, if so, the owner or operator shall report the known or
suspected release to the Illinois Emergency Management
Agency. The owner or operator shall determine whether or not
a release has occurred in conformance with the regulations
adopted by the Board and the Office of the State Fire
Marshal. Except that if the opinion of the Office of the
State Fire Marshal inspector is that a release of petroleum
has occurred and the owner or operator has reported the
release to the Illinois Emergency Management Agency within 24
hours of removal of the tank, no such determination is
required under this subsection. In the event the owner or
operator confirms the presence of a release of petroleum, the
owner or operator shall comply with Section 57.6. The
inspector shall provide the owner or operator, or a
designated agent, with an "Eligibility and Deductibility
Determination" form. The Office of the State Fire Marshal
shall provide on-site assistance to the owner or operator or
a designated agent with regard to the eligibility and
deductibility procedures as provided in Section 57.9. If the
Office of the State Fire Marshal is not on site, the Office
of the State Fire Marshal shall provide the owner or operator
with an "Eligibility and Deductibility Determination" form
within 15 days after receiving notice that the confirmed
release was reported by the owner or operator.
(d) In the event that a release of petroleum is
confirmed under subsection (c) of this Section, the owner or
operator may elect to backfill the preliminary excavation and
proceed under Section 57.6.
(e) In the event that an Underground Storage Tank is
found to be ineligible for payment from the Underground
Storage Tank Fund, the owner or operator shall proceed under
Sections 57.6 and 57.7.
(f) In the event that no release of petroleum is
confirmed, the owner or operator shall proceed to complete
the removal of the underground storage tank, and when
appropriate, dispose of the tank and backfill the excavation
or, in the alternate, abandon the underground storage tank in
place. Either option shall be in accordance with regulations
adopted by the Office of the State Fire Marshal. The owner
or operator shall certify to the Office of the State Fire
Marshal that the tank removal or abandonment was conducted in
accordance with all applicable rules and regulations, and the
Office of the State Fire Marshal shall then issue a
certificate of removal or abandonment to the owner or
operator. If the Office of the State Fire Marshal fails to
issue a certificate of removal or abandonment within 30 days
of receipt of the certification, the certification shall be
considered rejected by operation of law and a final action
appealable to the Board. Nothing in this Title shall prohibit
the Office of the State Fire Marshal from making an
independent inspection of the site and challenging the
veracity of the owner or operator certification.
(g) The owner or operator of an underground storage tank
taken out of operation before January 2, 1974, or an
underground storage tank used exclusively to store heating
oil for consumptive use on the premises where stored and
which serves other than a farm or residential unit shall not
be required to remove or abandon in place such underground
storage tank except in the case in which the Office of the
State Fire Marshal has determined that a release from the
underground storage tank poses a current or potential threat
to human health and the environment. In that case, and upon
receipt of an order from the Office of the State Fire
Marshal, the owner or operator of such underground storage
tank shall conduct removal and, if necessary, site
investigation and corrective action in accordance with this
Title and regulations promulgated by the Office of State Fire
Marshal and the Board.
(h) In the event that a release of petroleum occurred
between September 13, 1993, and August 1, 1994, for which the
Office of the State Fire Marshal issued a certificate of
removal or abandonment based on its determination of "no
release" or "minor release," and the Office of the State Fire
Marshal subsequently has rescinded that determination and
required a report of a confirmed release to the Illinois
Emergency Management Agency, the owner or operator may be
eligible for reimbursement for the costs of site
investigation and corrective action incurred on or after the
date of the release but prior to the notification of the
Illinois Emergency Management Agency. The date of the
release shall be the date of the initial inspection by the
Office of the State Fire Marshal as recorded in its
inspection log. Eligibility and deductibility shall be
determined in accordance with this Title, the owner or
operator must comply with the provisions of this Act and its
rules, and in no case shall the owner or operator be
reimbursed for costs exceeding the minimum requirements of
this Act and its rules.
(Source: P.A. 88-496; 89-428, eff. 1-1-96; 89-457, eff.
5-22-96.)
(415 ILCS 5/57.6)
Sec. 57.6. Underground storage tanks; early action.
(a) Owners and operators of underground storage tanks
shall, in response to all confirmed releases, comply with all
applicable statutory and regulatory reporting and response
requirements.
(b) Notwithstanding any other corrective action taken,
an owner or operator may, at a minimum, and prior to
submission of any plans to the Agency, remove the tank system
or abandon the underground storage tank in place, in
accordance with the regulations promulgated by the Office of
the State Fire Marshal. The owner or operator may also
remove visibly contaminated fill material and any groundwater
in the excavation which exhibits a sheen. For purposes of
payment for early action costs, however, fill material shall
not be removed in an amount in excess of 4 feet from the
outside dimensions of the tank.
(Source: P.A. 88-496; 89-428, eff. 1-1-96; 89-457, eff.
5-22-96.)
(415 ILCS 5/57.7)
Sec. 57.7. Leaking underground storage tanks; site
investigation physical soil classification, groundwater
investigation, site classification, and corrective action.
(a) Site investigation.
(1) For any site investigation activities required
by statute or rule, the owner or operator shall submit to
the Agency for approval a site investigation plan
designed to determine the nature, concentration,
direction of movement, rate of movement, and extent of
the contamination as well as the significant physical
features of the site and surrounding area that may affect
contaminant transport and risk to human health and safety
and the environment.
(2) Any owner or operator intending to seek payment
from the Fund shall submit to the Agency for approval a
site investigation budget that includes, but is not
limited to, an accounting of all costs associated with
the implementation and completion of the site
investigation plan.
(3) Remediation objectives for the applicable
indicator contaminants shall be determined using the
tiered approach to corrective action objectives rules
adopted by the Board pursuant to this Title and Title
XVII of this Act. For the purposes of this Title,
"Contaminant of Concern" or "Regulated Substance of
Concern" in the rules means the applicable indicator
contaminants set forth in subsection (d) of this Section
and the rules adopted thereunder.
(4) Upon the Agency's approval of a site
investigation plan, or as otherwise directed by the
Agency, the owner or operator shall conduct a site
investigation in accordance with the plan.
(5) Within 30 days after completing the site
investigation, the owner or operator shall submit to the
Agency for approval a site investigation completion
report. At a minimum the report shall include all of the
following:
(A) Executive summary.
(B) Site history.
(C) Site-specific sampling methods and
results.
(D) Documentation of all field activities,
including quality assurance.
(E) Documentation regarding the development of
proposed remediation objectives.
(F) Interpretation of results.
(G) Conclusions.
(b) Corrective action.
(1) If the site investigation confirms none of the
applicable indicator contaminants exceed the proposed
remediation objectives, within 30 days after completing
the site investigation the owner or operator shall submit
to the Agency for approval a corrective action completion
report in accordance with this Section.
(2) If any of the applicable indicator contaminants
exceed the remediation objectives approved for the site,
within 30 days after the Agency approves the site
investigation completion report the owner or operator
shall submit to the Agency for approval a corrective
action plan designed to mitigate any threat to human
health, human safety, or the environment resulting from
the underground storage tank release. The plan shall
describe the selected remedy and evaluate its ability and
effectiveness to achieve the remediation objectives
approved for the site. At a minimum, the report shall
include all of the following:
(A) Executive summary.
(B) Statement of remediation objectives.
(C) Remedial technologies selected.
(D) Confirmation sampling plan.
(E) Current and projected future use of the
property.
(F) Applicable preventive, engineering, and
institutional controls including long-term
reliability, operating, and maintenance plans, and
monitoring procedures.
(G) A schedule for implementation and
completion of the plan.
(3) Any owner or operator intending to seek payment
from the Fund shall submit to the Agency for approval a
corrective action budget that includes, but is not
limited to, an accounting of all costs associated with
the implementation and completion of the corrective
action plan.
(4) Upon the Agency's approval of a corrective
action plan, or as otherwise directed by the Agency, the
owner or operator shall proceed with corrective action in
accordance with the plan.
(5) Within 30 days after the completion of a
corrective action plan that achieves applicable
remediation objectives the owner or operator shall submit
to the Agency for approval a corrective action completion
report. The report shall demonstrate whether corrective
action was completed in accordance with the approved
corrective action plan and whether the remediation
objectives approved for the site, as well as any other
requirements of the plan, have been achieved.
(6) If within 4 years after the approval of any
corrective action plan the applicable remediation
objectives have not been achieved and the owner or
operator has not submitted a corrective action completion
report, the owner or operator must submit a status report
for Agency review. The status report must include, but is
not limited to, a description of the remediation
activities taken to date, the effectiveness of the method
of remediation being used, the likelihood of meeting the
applicable remediation objectives using the current
method of remediation, and the date the applicable
remediation objectives are expected to be achieved.
(7) If the Agency determines any approved
corrective action plan will not achieve applicable
remediation objectives within a reasonable time, based
upon the method of remediation and site specific
circumstances, the Agency may require the owner or
operator to submit to the Agency for approval a revised
corrective action plan. If the owner or operator intends
to seek payment from the Fund, the owner or operator must
also submit a revised budget.
(a) Physical soil classification and groundwater
investigation.
(1) Prior to conducting any physical soil
classification and groundwater investigation activities
required by statute or regulation, the owner or operator
shall prepare and submit to the Agency for the Agency's
approval or modification:
(A) a physical soil classification and
groundwater investigation plan designed to
determine site classification, in accordance
with subsection (b) of this Section, as High
Priority, Low Priority, or No Further Action.
(B) a request for payment of costs
associated with eligible early action costs as
provided in Section 57.6(b). However, for
purposes of payment for early action costs,
fill materials shall not be removed in an
amount in excess of 4 feet from the outside
dimensions of the tank.
(2) If the owner or operator intends to seek
payment from the Fund, prior to conducting any physical
soil classification and groundwater investigation
activities required by statute or regulation, the owner
or operator shall submit to the Agency for the Agency's
approval or modification a physical soil classification
and groundwater investigation budget which includes, but
is not limited to, an accounting of all costs associated
with the implementation and completion of the physical
soil classification and groundwater investigation plan.
(3) Within 30 days of completion of the physical
soil classification or groundwater investigation report
the owner or operator shall submit to the Agency:
(A) all physical soil classification and
groundwater investigation results; and
(B) a certification by a Licensed Professional
Engineer of the site's classification as High
Priority, Low Priority, or No Further Action in
accordance with subsection (b) of this Section as
High Priority, Low Priority, or No Further Action.
(b) Site Classification.
(1) After evaluation of the physical soil
classification and groundwater investigation results,
when required, and general site information, the site
shall be classified as "No Further Action", "Low
Priority", or "High Priority" based on the requirements
of this Section. Site classification shall be determined
by a Licensed Professional Engineer in accordance with
the requirements of this Title and the Licensed
Professional Engineer shall submit a certification to the
Agency of the site classification. The Agency has the
authority to audit site classifications and reject or
modify any site classification inconsistent with the
requirements of this Title.
(2) Sites shall be classified as No Further Action
if the criteria in subparagraph (A) are satisfied:
(A)(i) The site is located in an area
designated D, E, F and G on the Illinois Geological
Survey Circular (1984) titled "Potential for
Contamination of Shallow Aquifers in Illinois," by
Berg, Richard C., et al.;
(ii) A site evaluation under the direction of
a Licensed Professional Engineer verifies the
physical soil classification conditions are
consistent with those indicated on the Illinois
Geological Survey Circular (1984) titled "Potential
for Contamination of Shallow Aquifers in Illinois,"
by Berg, Richard C., et al.; and
(iii) The conditions identified in subsections
(b) (3)(B), (C), (D), and (E) do not exist.
(B) Groundwater investigation monitoring may
be required to confirm that a site meets the
criteria of a No Further Action site. The Board
shall adopt rules setting forth the criteria under
which the Agency may exercise its discretionary
authority to require investigations and the minimum
field requirements for conducting investigations.
(3) Sites shall be classified as High Priority if
any of the following are met:
(A) The site is located in an area designated
A1, A2, A3, A4, A5, AX, B1, B2, BX, C1, C2, C3, C4,
or C5 on the Illinois Geological Survey Circular
(1984) titled "Potential for Contamination of
Shallow Aquifers in Illinois," by Berg, Richard C.,
et al.; a site evaluation under the direction of a
Licensed Professional Engineer verifies the physical
soil classifications conditions are consistent with
those indicated on the Illinois Geological Survey
Circular (1984) entitled "Potential for
Contamination of Shallow Aquifers in Illinois," by
Berg, Richard C., et al.; and the results of the
physical soil classification and groundwater
investigation indicate that an applicable indicator
contaminant groundwater quality standard or
groundwater objective has been exceeded at the
property boundary line or 200 feet from the
excavation, whichever is less as a consequence of
the underground storage tank release.
(B) The underground storage tank is within the
minimum or maximum setback zone of a potable water
supply well or regulated recharge area of a potable
water supply well.
(C) There is evidence that, through natural or
manmade pathways, migration of petroleum or vapors
threaten human health or human safety or may cause
explosions in basements, crawl spaces, utility
conduits, storm or sanitary sewers, vaults or other
confined spaces.
(D) Class III special resource groundwater
exists within 200 feet of the excavation.
(E) A surface water body is adversely affected
by the presence of a visible sheen or free product
layer as the result of an underground storage tank
release.
(4) Sites shall be classified as Low Priority if
all of the following are met:
(A) The site does not meet any of the criteria
for classification as a High Priority Site.
(B) (i) The site is located in area designated
A1, A2, A3, A4, A5, AX, B1, B2, BX, C1, C2, C3, C4,
C5 on the Illinois Geological Survey Circular (1984)
entitled "Potential for Contamination of Shallow
Aquifers in Illinois," by Berg, Richard C., et al.;
and
(ii) a site evaluation under the direction of
a Licensed Professional Engineer verifies the
physical soil classification conditions are
consistent with those indicated on the Illinois
Geological Survey Circular (1984) titled "Potential
for Contamination of Shallow Aquifers in Illinois,"
by Berg, Richard C., et al.; and
(iii) the results of the physical soil
classification and groundwater investigation do not
indicate an applicable indicator contaminant
groundwater quality standard or groundwater
objective has been exceeded at the property boundary
line or 200 feet from the underground storage tank,
whichever is less.
(5) In the event the results of the physical soil
classification and any required groundwater investigation
reveal that the actual site geologic characteristics are
different than those indicated by the Illinois Geological
Survey Circular (1984) titled "Potential for
Contamination of Shallow Aquifers in Illinois" by Berg,
Richard C., et al., classification of the site shall be
determined using the actual site geologic
characteristics.
(6) For purposes of physical soil classification,
the Board is authorized to prescribe by regulation
alternatives to use of the Illinois Geological Survey
Circular (1984) titled "Potential for Contamination of
Shallow Aquifers in Illinois" by Berg, Richard C., et al.
(c) Corrective Action.
(1) High Priority Site.
(A) Prior to performance of any corrective
action, beyond that required by Section 57.6 and
subsection (a) of Section 57.7 of this Act, the
owner or operator shall prepare and submit to the
Agency for the Agency's approval or modification a
corrective action plan designed to mitigate any
threat to human health, human safety or the
environment resulting from the underground storage
tank release.
(B) If the owner or operator intends to seek
payment from the Fund, prior to performance of any
corrective action beyond that required by Section
57.6 and subsection (a) of Section 57.7, the owner
or operator shall submit to the Agency for the
Agency's approval or modification a corrective
action plan budget which includes, but is not
limited to, an accounting of all costs associated
with the implementation and completion of the
corrective action plan.
(C) The corrective action plan shall do all of
the following:
(i) Provide that applicable indicator
contaminant groundwater quality standards or
groundwater objectives will not be exceeded in
groundwater at the property boundary line or
200 feet from the excavation, whichever is
less, or other level if approved by the Agency,
for any contaminant identified in the
groundwater investigation after complete
performance of the corrective action plan.
(ii) Provide that Class III special
resource groundwater quality standards for
Class III special resource groundwater within
200 feet of the excavation will not be exceeded
as a result of the underground storage tank
release for any indicator contaminant
identified in the groundwater investigation
after complete performance of the corrective
action plan.
(iii) Remediate threats due to the
presence or migration, through natural or
manmade pathways, of petroleum in
concentrations sufficient to harm human health
or human safety or to cause explosions in
basements, crawl spaces, utility conduits,
storm or sanitary sewers, vaults or other
confined spaces.
(iv) Remediate threats to a potable water
supply.
(v) Remediate threats to a surface water
body.
(D) Within 30 days of completion of the
corrective action, the owner or operator shall
submit to the Agency such a completion report that
includes a description of the corrective action plan
and a description of the corrective action work
performed and all analytical or sampling results
derived from performance of the corrective action
plan.
(E) The Agency shall issue to the owner or
operator a no further remediation letter in
accordance with Section 57.10 if all of the
following are met:
(i) The corrective action completion
report demonstrates that: (a) applicable
indicator contaminant groundwater quality
standards or groundwater objectives are not
exceeded at the property boundary line or 200
feet from the excavation, whichever is less, as
a result of the underground storage tank
release for any indicator contaminant
identified in the groundwater investigation;
(b) Class III special use resource groundwater
quality standards, for Class III special use
resource groundwater within 200 feet of the
underground storage tank, are not exceeded as a
result of the underground storage tank release
for any contaminant identified in the
groundwater investigation; (c) the underground
storage tank release does not threaten human
health or human safety due to the presence or
migration, through natural or manmade pathways,
of petroleum or hazardous substances in
concentrations sufficient to harm human health
or human safety or to cause explosions in
basements, crawl spaces, utility conduits,
storm or sanitary sewers, vaults or other
confined spaces; (d) the underground storage
tank release does not threaten any surface
water body; and (e) the underground storage
tank release does not threaten any potable
water supply.
(ii) The owner or operator submits to the
Agency a certification from a Licensed
Professional Engineer that the work described
in the approved corrective action plan has been
completed and that the information presented in
the corrective action completion report is
accurate and complete.
(2) Low Priority Site.
(A) Corrective action at a low priority site
must include groundwater monitoring consistent with
part (B) of this paragraph (2).
(B) Prior to implementation of groundwater
monitoring, the owner or operator shall prepare and
submit to the Agency a groundwater monitoring plan
and, if the owner or operator intends to seek
payment under this Title, an associated budget which
includes, at a minimum, all of the following:
(i) Placement of groundwater monitoring
wells at the property line, or at 200 feet from
the excavation which ever is closer, designed
to provide the greatest likelihood of detecting
migration of groundwater contamination.
(ii) Quarterly groundwater sampling for a
period of one year, semi-annual sampling for
the second year and annual groundwater sampling
for one subsequent year for all indicator
contaminants identified during the groundwater
investigation.
(iii) The annual submittal to the Agency
of a summary of groundwater sampling results.
(C) If at any time groundwater sampling
results indicate a confirmed exceedence of
applicable indicator contaminant groundwater quality
standards or groundwater objectives as a result of
the underground storage tank release, the site may
be reclassified as a High Priority Site by the
Agency at any time before the Agency's final
approval of a Low Priority groundwater monitoring
completion report. Agency review and approval shall
be in accordance with paragraph (4) of subsection
(c) of this Section. If the owner or operator elects
to appeal an Agency action to disapprove, modify, or
reject by operation of law a Low Priority
groundwater monitoring completion report, the Agency
shall indicate to the Board in conjunction with such
appeal whether it intends to reclassify the site as
High Priority. If a site is reclassified as a High
Priority Site, the owner or operator shall submit a
corrective action plan and budget to the Agency
within 120 days of the confirmed exceedence and
shall initiate compliance with all corrective action
requirements for a High Priority Site.
(D) If, throughout the implementation of the
groundwater monitoring plan, the groundwater
sampling results do not confirm an exceedence of
applicable indicator contaminant groundwater quality
standards or groundwater objectives as a result of
the underground storage tank release, the owner or
operator shall submit to the Agency a certification
of a Licensed Professional Engineer so stating.
(E) Unless the Agency takes action under
subsection (b)(2)(C) to reclassify a site as high
priority, upon receipt of a certification by a
Licensed Professional Engineer submitted pursuant to
paragraph (2) of subsection (c) of this Section, the
Agency shall issue to the owner or operator a no
further remediation letter in accordance with
Section 57.10.
(3) No Further Action Site.
(A) No Further Action sites require no
remediation beyond that required in Section 57.6 and
subsection (a) of this Section if the owner or
operator has submitted to the Agency a certification
by a Licensed Professional Engineer that the site
meets all of the criteria for classification as No
Further Action in subsection (b) of this Section.
(B) Unless the Agency takes action to reject
or modify a site classification under subsection (b)
of this Section or the site classification is
rejected by operation of law under item (4)(B) of
subsection (c) of this Section, upon receipt of a
certification by a Licensed Professional Engineer
submitted pursuant to part (A) of paragraph (3) of
subsection (c) of this Section, the Agency shall
issue to the owner or operator a no further
remediation letter in accordance with Section 57.10.
(c) (4) Agency review and approval.
(1) (A) Agency approval of any plan and associated
budget, as described in this subsection (c) item (4),
shall be considered final approval for purposes of
seeking and obtaining payment from the Underground
Storage Tank Fund if the costs associated with the
completion of any such plan are less than or equal to the
amounts approved in such budget.
(2) (B) In the event the Agency fails to approve,
disapprove, or modify any plan or report submitted
pursuant to this Title in writing within 120 days of the
receipt by the Agency, the plan or report shall be
considered to be rejected by operation of law for
purposes of this Title and rejected for purposes of
payment from the Leaking Underground Storage Tank Fund.
(A) (i) For purposes of those plans as
identified in paragraph (5) subparagraph (E) of this
subsection (c) (c)(4), the Agency's review may be an
audit procedure. Such review or audit shall be
consistent with the procedure for such review or
audit as promulgated by the Board under item (7) of
subsection (b) of Section 57.14. The Agency has the
authority to establish an auditing program to verify
compliance of such plans with the provisions of this
Title.
(B) (ii) For purposes of corrective action
those plans submitted pursuant to subsection (b) of
this Section Part (E) (iii) of this paragraph (4)
for which payment from the Fund is not being sought,
the Agency need not take action on such plan until
120 days after it receives the corrective action
completion report required under subsection (b) of
this Section Section 57(c)(1)(D). In the event the
Agency approved the plan, it shall proceed under the
provisions of this subsection (c) Section 57(c)(4).
(3) (C) In approving any plan submitted pursuant to
subsection (a) or (b) of this Section Part (E) of this
paragraph (4), the Agency shall determine, by a procedure
promulgated by the Board under item (7) of subsection (b)
of Section 57.14, that the costs associated with the plan
are reasonable, will be incurred in the performance of
site investigation or corrective action, and will not be
used for site investigation or corrective action
activities in excess of those required to meet the
minimum requirements of this Title.
(4) (D) For any plan or report received after the
effective date of this amendatory Act of 2002 1993, any
action by the Agency to disapprove or modify a plan
submitted pursuant to this Title shall be provided to the
owner or operator in writing within 120 days of the
receipt by the Agency or, in the case of a site
investigation plan or corrective action plan for which
payment is not being sought, within 120 days of receipt
of the site investigation completion report or corrective
action completion report, respectively, and shall be
accompanied by:
(A) (i) an explanation of the Sections of this
Act which may be violated if the plans were
approved;
(B) (ii) an explanation of the provisions of
the regulations, promulgated under this Act, which
may be violated if the plan were approved;
(C) (iii) an explanation of the specific type
of information, if any, which the Agency deems the
applicant did not provide the Agency; and
(D) (iv) a statement of specific reasons why
the Act and the regulations might not be met if the
plan were approved.
Any action by the Agency to disapprove or modify a
plan or report or the rejection of any plan or report by
operation of law shall be subject to appeal to the Board
in accordance with the procedures of Section 40. If the
owner or operator elects to incorporate modifications
required by the Agency rather than appeal, an amended
plan shall be submitted to the Agency within 35 days of
receipt of the Agency's written notification.
(5) (E) For purposes of this Title, the term "plan"
shall include:
(A) Any site investigation plan submitted
pursuant to subsection (a) of this Section;
(B) Any site investigation budget submitted
pursuant to subsection (a) of this Section;
(i) Any physical soil classification and
groundwater investigation plan submitted
pursuant to item (1)(A) of subsection (a) of
this Section, or budget under item (2) of
subsection (a) of this Section;
(ii) Any groundwater monitoring plan or
budget submitted pursuant to subsection
(c)(2)(B) of this Section;
(C) (iii) Any corrective action plan submitted
pursuant to subsection (b) (c)(1)(A) of this
Section; or
(D) (iv) Any corrective action plan budget
submitted pursuant to subsection (b) (c)(1)(B) of
this Section.
(d) For purposes of this Title, the term "indicator
contaminant" shall mean, unless and until the Board
promulgates regulations to the contrary, the following: (i)
if an underground storage tank contains gasoline, the
indicator parameter shall be BTEX and Benzene; (ii) if the
tank contained petroleum products consisting of middle
distillate or heavy ends, then the indicator parameter shall
be determined by a scan of PNA's taken from the location
where contamination is most likely to be present; and (iii)
if the tank contained used oil, then the indicator
contaminant shall be those chemical constituents which
indicate the type of petroleum stored in an underground
storage tank. All references in this Title to groundwater
objectives shall mean Class I groundwater standards or
objectives as applicable.
(e) (1) Notwithstanding the provisions of this Section,
an owner or operator may proceed to conduct site
investigation or physical soil classification,
groundwater investigation, site classification or other
corrective action prior to the submittal or approval of
an otherwise required plan. If the owner or operator
elects to so proceed, an applicable plan shall be filed
with the Agency at any time. Such plan shall detail the
steps taken to determine the type of site investigation
or corrective action which was necessary at the site
along with the site investigation or corrective action
taken or to be taken, in addition to costs associated
with activities to date and anticipated costs.
(2) Upon receipt of a plan submitted after
activities have commenced at a site, the Agency shall
proceed to review in the same manner as required under
this Title. In the event the Agency disapproves all or
part of the costs, the owner or operator may appeal such
decision to the Board. The owner or operator shall not
be eligible to be reimbursed for such disapproved costs
unless and until the Board determines that such costs
were eligible for payment.
(f) All investigations, plans, and reports conducted or
prepared under this Section shall be conducted or prepared
under the supervision of a licensed professional engineer and
in accordance with the requirements of this Title.
(Source: P.A. 88-496; 88-668, eff. 9-16-94; 89-428, eff.
1-1-96; 89-457, eff. 5-22-96.)
(415 ILCS 5/57.8)
Sec. 57.8. Underground Storage Tank Fund; payment;
options for State payment; deferred correction election to
commence corrective action upon availability of funds. If an
owner or operator is eligible to access the Underground
Storage Tank Fund pursuant to an Office of State Fire Marshal
eligibility/deductible final determination letter issued in
accordance with Section 57.9, the owner or operator may
submit a complete application for final or partial payment to
the Agency for activities taken in response to a confirmed
release. An owner or operator may submit a request for
partial or final payment regarding a site no more frequently
than once every 90 days.
(a) Payment after completion of corrective action
measures. The owner or operator may submit an application for
payment for activities performed at a site after completion
of the requirements of Sections 57.6 and 57.7, or after
completion of any other required activities at the
underground storage tank site.
(1) In the case of any approved plan and budget for
which payment is being sought, the Agency shall make a
payment determination within 120 days of receipt of the
application. Such determination shall be considered a
final decision. The Agency's review shall be limited to
generally accepted auditing and accounting practices. In
no case shall the Agency conduct additional review of any
plan which was completed within the budget, beyond
auditing for adherence to the corrective action measures
in the proposal. If the Agency fails to approve the
payment application within 120 days, such application
shall be deemed approved by operation of law and the
Agency shall proceed to reimburse the owner or operator
the amount requested in the payment application.
However, in no event shall the Agency reimburse the owner
or operator an amount greater than the amount approved in
the plan.
(2) If sufficient funds are available in the
Underground Storage Tank Fund, the Agency shall, within
60 days, forward to the Office of the State Comptroller a
voucher in the amount approved under the payment
application.
(3) In the case of insufficient funds, the Agency
shall form a priority list for payment and shall notify
persons in such priority list monthly of the availability
of funds and when payment shall be made. Payment shall
be made to the owner or operator at such time as
sufficient funds become available for the costs
associated with site investigation and corrective action
and costs expended for activities performed where no
proposal is required, if applicable. Such priority list
shall be available to any owner or operator upon request.
Priority for payment shall be determined by the date the
Agency receives a complete request for partial or final
payment. Upon receipt of notification from the Agency
that the requirements of this Title have been met, the
Comptroller shall make payment to the owner or operator
of the amount approved by the Agency, if sufficient money
exists in the Fund. If there is insufficient money in
the Fund, then payment shall not be made. If the owner
or operator appeals a final Agency payment determination
and it is determined that the owner or operator is
eligible for payment or additional payment, the priority
date for the payment or additional payment shall be the
same as the priority date assigned to the original
request for partial or final payment.
(4) Any deductible, as determined pursuant to the
Office of the State Fire Marshal's eligibility and
deductibility final determination in accordance with
Section 57.9, shall be subtracted from any payment
invoice paid to an eligible owner or operator. Only one
deductible shall apply per underground storage tank site.
(5) In the event that costs are or will be incurred
in addition to those approved by the Agency, or after
payment, the owner or operator may submit successive
plans containing amended budgets. The requirements of
Section 57.7 shall apply to any amended plans.
(6) For purposes of this Section, a complete
application shall consist of:
(A) A certification from a Licensed
Professional Engineer as required under this Title
and acknowledged by the owner or operator.
(B) A statement of the amounts amount approved
in the budget plan and the amounts amount actually
sought for payment along with a certified statement
by the owner or operator that the amounts amount so
sought were shall be expended in conformance with
the approved budget.
(C) A copy of the Office of the State Fire
Marshal's eligibility and deductibility
determination.
(D) Proof that approval of the payment
requested will not result in the limitations set
forth in subsection (g) of this Section being
exceeded.
(E) A federal taxpayer identification number
and legal status disclosure certification on a form
prescribed and provided by the Agency.
(b) Commencement of site investigation or corrective
action upon availability of funds. The Board shall adopt
regulations setting forth procedures based on risk to human
health or the environment under which the owner or operator
who has received approval for any budget plan submitted
pursuant to Section 57.7, and who is eligible for payment
from the Underground Storage Tank Fund pursuant to an Office
of the State Fire Marshal eligibility and deductibility
determination, may elect to defer site investigation or
corrective action classification, low priority groundwater
monitoring, or remediation activities until funds are
available in an amount equal to the amount approved in the
budget plan. The regulations shall establish criteria based
on risk to human health or the environment to be used for
determining on a site-by-site basis whether deferral is
appropriate. The regulations also shall establish the
minimum investigatory requirements for determining whether
the risk based criteria are present at a site considering
deferral and procedures for the notification of owners or
operators of insufficient funds, Agency review of request for
deferral, notification of Agency final decisions, returning
deferred sites to active status, and earmarking of funds for
payment.
(c) When the owner or operator requests indemnification
for payment of costs incurred as a result of a release of
petroleum from an underground storage tank, if the owner or
operator has satisfied the requirements of subsection (a) of
this Section, the Agency shall forward a copy of the request
to the Attorney General. The Attorney General shall review
and approve the request for indemnification if:
(1) there is a legally enforceable judgment entered
against the owner or operator and such judgment was
entered due to harm caused by a release of petroleum from
an underground storage tank and such judgment was not
entered as a result of fraud; or
(2) a settlement with a third party due to a
release of petroleum from an underground storage tank is
reasonable.
(d) Notwithstanding any other provision of this Title,
the Agency shall not approve payment to an owner or operator
from the Fund for costs of corrective action or
indemnification incurred during a calendar year in excess of
the following aggregate amounts based on the number of
petroleum underground storage tanks owned or operated by such
owner or operator in Illinois.
Amount Number of Tanks
$2,000,000 1,000,000..................fewer than 101
$3,000,000 $2,000,000....................101 or more
(1) Costs incurred in excess of the aggregate
amounts set forth in paragraph (1) of this subsection
shall not be eligible for payment in subsequent years.
(2) For purposes of this subsection, requests
submitted by any of the agencies, departments, boards,
committees or commissions of the State of Illinois shall
be acted upon as claims from a single owner or operator.
(3) For purposes of this subsection, owner or
operator includes (i) any subsidiary, parent, or joint
stock company of the owner or operator and (ii) any
company owned by any parent, subsidiary, or joint stock
company of the owner or operator.
(e) Costs of corrective action or indemnification
incurred by an owner or operator which have been paid to an
owner or operator under a policy of insurance, another
written agreement, or a court order are not eligible for
payment under this Section. An owner or operator who
receives payment under a policy of insurance, another written
agreement, or a court order shall reimburse the State to the
extent such payment covers costs for which payment was
received from the Fund. Any monies received by the State
under this subsection (e) shall be deposited into the Fund.
(f) Until the Board adopts regulations pursuant to
Section 57.14, handling charges are eligible for payment only
if they are equal to or less than the amount determined by
the following table:
Subcontract or field Eligible Handling Charges
Purchase Cost as a Percentage of Cost
$0 - $5,000...........................................12%
$5,001 - $15,000.............$600+10% of amt. over $5,000
$15,001 - $50,000...........$1600+8% of amt. over $15,000
$50,001 - $100,000..........$4400+5% of amt. over $50,000
$100,001 - $1,000,000......$6900+2% of amt. over $100,000
(g) The Agency shall not approve any payment from the
Fund to pay an owner or operator:
(1) for costs of corrective action incurred by such
owner or operator in an amount in excess of $1,500,000
1,000,000 per occurrence; and
(2) for costs of indemnification of such owner or
operator in an amount in excess of $1,500,000 1,000,000
per occurrence.
(h) Payment of any amount from the Fund for corrective
action or indemnification shall be subject to the State
acquiring by subrogation the rights of any owner, operator,
or other person to recover the costs of corrective action or
indemnification for which the Fund has compensated such
owner, operator, or person from the person responsible or
liable for the release.
(i) If the Agency refuses to pay or authorizes only a
partial payment, the affected owner or operator may petition
the Board for a hearing in the manner provided for the review
of permit decisions in Section 40 of this Act.
(j) Costs of corrective action or indemnification
incurred by an owner or operator prior to July 28, 1989,
shall not be eligible for payment or reimbursement under this
Section.
(k) The Agency shall not pay costs of corrective action
or indemnification incurred before providing notification of
the release of petroleum in accordance with the provisions of
this Title.
(l) Corrective action does not include legal defense
costs. Legal defense costs include legal costs for seeking
payment under this Title unless the owner or operator
prevails before the Board in which case the Board may
authorize payment of legal fees.
(m) The Agency may apportion payment of costs for plans
submitted under Section 57.7 57.7(c)(4)(E)(iii) if:
(1) the owner or operator was deemed eligible to
access the Fund for payment of corrective action costs
for some, but not all, of the underground storage tanks
at the site; and
(2) the owner or operator failed to justify all
costs attributable to each underground storage tank at
the site.
(n) The Agency shall not pay costs associated with a
corrective action plan incurred after the Agency provides
notification to the owner or operator pursuant to item (7) of
subsection (b) of Section 57.7 that a revised corrective
action plan is required. Costs associated with any
subsequently approved corrective action plan shall be
eligible for reimbursement if they meet the requirements of
this Title.
(Source: P.A. 91-357, eff. 7-29-99.)
(415 ILCS 5/57.10)
Sec. 57.10. Professional Engineer certification;
presumptions against liability.
(a) Within 120 days of the Agency's receipt of a No
Further Action site classification report, a Low Priority
groundwater monitoring report, or a High Priority corrective
action completion report, the Agency shall issue to the owner
or operator a "no further remediation letter" unless the
Agency has requested a modification, issued a rejection under
subsection (d) of this Section, or the report has been
rejected by operation of law.
(b) By certifying such a statement, a Licensed
Professional Engineer shall in no way be liable thereon,
unless the engineer gave such certification despite his or
her actual knowledge that the performed measures were not in
compliance with applicable statutory or regulatory
requirements or any plan submitted to the Agency.
(c) The Agency's issuance of a no further remediation
letter shall signify, based on the certification of the
Licensed Professional Engineer, that:
(1) all statutory and regulatory corrective
action requirements applicable to the occurrence have
been complied with;
(2) all corrective action concerning the
remediation of the occurrence has been completed; and
(3) no further corrective action concerning the
occurrence is necessary for the protection of human
health, safety and the environment.
(d) The no further remediation letter issued under this
Section shall apply in favor of the following parties:
(1) The owner or operator to whom the letter was
issued.
(2) Any parent corporation or subsidiary of such
owner or operator.
(3) Any co-owner or co-operator, either by joint
tenancy, right-of-survivorship, or any other party
sharing a legal relationship with the owner or operator
to whom the letter is issued.
(4) Any holder of a beneficial interest of a land
trust or inter vivos trust whether revocable or
irrevocable.
(5) Any mortgagee or trustee of a deed of trust of
such owner or operator.
(6) Any successor-in-interest of such owner or
operator.
(7) Any transferee of such owner or operator
whether the transfer was by sale, bankruptcy proceeding,
partition, dissolution of marriage, settlement or
adjudication of any civil action, charitable gift, or
bequest.
(8) Any heir or devisee or such owner or operator.
(e) If the Agency notifies the owner or operator that
the "no further remediation" letter has been rejected, the
grounds for such rejection shall be described in the notice.
Such a decision shall be a final determination which may be
appealed by the owner or operator.
(f) The Board shall adopt rules setting forth the
criteria under which the Agency may require an owner or
operator to conduct further investigation or remediation
related to a release for which a no further remediation
letter has been issued.
(g) Holders of security interests in sites subject to
the requirements of this Title XVI shall be entitled to the
same protections and subject to the same responsibilities
provided under general regulations promulgated under Subtitle
I of the Hazardous and Solid Waste Amendments of 1984 (P.L.
98-616) of the Resource Conservation and Recovery Act of 1976
(P.L. 94-580).
(Source: P.A. 88-496; 89-428, eff. 1-1-96; 89-457, eff.
5-22-96.)
(415 ILCS 5/57.13)
Sec. 57.13. Underground Storage Tank Program; transition.
(a) If a release is reported to the proper State
authority on or after the effective date of this amendatory
Act of 2002 1993, the owner or operator shall comply with the
requirements of this Title.
(b) If a release is reported to the proper State
authority prior to the effective date of this amendatory Act
of 2002 1993, the owner or operator of an underground storage
tank may elect to proceed in accordance with the requirements
of this Title by submitting a written statement to the Agency
of such election. If the owner or operator elects to proceed
under the requirements of this Title all costs incurred in
connection with the incident prior to notification shall be
reimbursable in the same manner as was allowable under the
then existing law. Completion of corrective action shall then
follow the provisions of this Title. Owners and operators who
have not elected to proceed in accordance with the
requirements of this Title shall proceed in accordance with
the law in effect prior to the effective date of this
amendatory Act of 2002.
(Source: P.A. 88-496.)
(415 ILCS 5/57.14A new)
Sec. 57.14A. Rules.
(a) The Agency shall propose and the Board shall adopt
amendments to the rules governing the administration of this
Title to make the rules consistent with the provisions
herein.
(b) Until such time as the amended rules required under
this Section take effect, the Agency shall administer this
Title in accordance with the provisions herein.
Section 99. Effective date. This Act takes effect upon
becoming law.
Passed in the General Assembly April 18, 2002.
Approved June 24, 2002.
Effective June 24, 2002.
[ Top ]