Illinois General Assembly - Full Text of Public Act 096-0908
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Public Act 096-0908


 

Public Act 0908 96TH GENERAL ASSEMBLY



 


 
Public Act 096-0908
 
SB3320 Enrolled LRB096 19895 JDS 35355 b

    AN ACT concerning safety.
 
    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 57.7, 57.9, 57.11, and 57.13 and by adding
Sections 57.18 and 57.19 as follows:
 
    (415 ILCS 5/57.7)
    Sec. 57.7. Leaking underground storage tanks; site
investigation 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.
    (c) Agency review and approval.
        (1) Agency approval of any plan and associated budget,
    as described in this subsection (c), 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) 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 Underground
    Storage Tank Fund.
            (A) For purposes of those plans as identified in
        paragraph (5) of this subsection (c), 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 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) For purposes of corrective action plans
        submitted pursuant to subsection (b) of this Section
        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. In the event the Agency approved the
        plan, it shall proceed under the provisions of this
        subsection (c).
        (3) In approving any plan submitted pursuant to
    subsection (a) or (b) of this Section, the Agency shall
    determine, by a procedure promulgated by the Board under
    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.
            (A) For purposes of payment from the Fund,
        corrective action activities required to meet the
        minimum requirements of this Title shall include, but
        not be limited to, the following use of the Board's
        Tiered Approach to Corrective Action Objectives rules
        adopted under Title XVII of this Act:
                (i) For the site where the release occurred,
            the use of Tier 2 remediation objectives that are
            no more stringent than Tier 1 remediation
            objectives.
                (ii) The use of industrial/commercial property
            remediation objectives, unless the owner or
            operator demonstrates that the property being
            remediated is residential property or being
            developed into residential property.
                (iii) The use of groundwater ordinances as
            institutional controls in accordance with Board
            rules.
                (iv) The use of on-site groundwater use
            restrictions as institutional controls in
            accordance with Board rules.
            (B) Any bidding process adopted under Board rules
        to determine the reasonableness of costs of corrective
        action must provide for a publicly-noticed,
        competitive, and sealed bidding process that includes,
        at a minimum, the following:
                (i) The owner or operator must issue
            invitations for bids that include, at a minimum, a
            description of the work being bid and applicable
            contractual terms and conditions. The criteria on
            which the bids will be evaluated must be set forth
            in the invitation for bids. The criteria may
            include, but shall not be limited to, criteria for
            determining acceptability, such as inspection,
            testing, quality, workmanship, delivery, and
            suitability for a particular purpose. Criteria
            that will affect the bid price and be considered in
            the evaluation of a bid, such as discounts, shall
            be objectively measurable.
                (ii) At least 14 days prior to the date set in
            the invitation for the opening of bids, public
            notice of the invitation for bids must be published
            in a local paper of general circulation for the
            area in which the site is located.
                (iii) Bids must be opened publicly in the
            presence of one or more witnesses at the time and
            place designated in the invitation for bids. The
            name of each bidder, the amount of each bid, and
            other relevant information as specified in Board
            rules must be recorded and submitted to the Agency
            in the applicable budget. After selection of the
            winning bid, the winning bid and the record of each
            unsuccessful bid shall be open to public
            inspection.
                (iv) Bids must be unconditionally accepted
            without alteration or correction. Bids must be
            evaluated based on the requirements set forth in
            the invitation for bids, which may include
            criteria for determining acceptability, such as
            inspection, testing, quality, workmanship,
            delivery, and suitability for a particular
            purpose. Criteria that will affect the bid price
            and be considered in the evaluation of a bid, such
            as discounts, shall be objectively measurable. The
            invitation for bids shall set forth the evaluation
            criteria to be used.
                (v) Correction or withdrawal of inadvertently
            erroneous bids before or after selection of the
            winning bid, or cancellation of winning bids based
            on bid mistakes, shall be allowed in accordance
            with Board rules. After bid opening, no changes in
            bid prices or other provisions of bids prejudicial
            to the owner or operator or fair competition shall
            be allowed. All decisions to allow the correction
            or withdrawal of bids based on bid mistakes shall
            be supported by a written determination made by the
            owner or operator.
                (vi) The owner or operator shall select the
            winning bid with reasonable promptness by written
            notice to the lowest responsible and responsive
            bidder whose bid meets the requirements and
            criteria set forth in the invitation for bids. The
            winning bid and other relevant information as
            specified in Board rules must be recorded and
            submitted to the Agency in the applicable budget.
                (vii) All bidding documentation must be
            retained by the owner or operator for a minimum of
            3 years after the costs bid are submitted in an
            application for payment, except that documentation
            relating to an appeal, litigation, or other
            disputed claim must be maintained until at least 3
            years after the date of the final disposition of
            the appeal, litigation, or other disputed claim.
            All bidding documentation must be made available
            to the Agency for inspection and copying during
            normal business hours.
            (C) Any bidding process adopted under Board rules
        to determine the reasonableness of costs of corrective
        action shall (i) be optional and (ii) allow bidding
        only if the owner or operator demonstrates that
        corrective action cannot be performed for amounts less
        than or equal to maximum payment amounts adopted by the
        Board.
        (4) For any plan or report received after June 24,
    2002, 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) an explanation of the Sections of this Act
        which may be violated if the plans were approved;
            (B) an explanation of the provisions of the
        regulations, promulgated under this Act, which may be
        violated if the plan were approved;
            (C) an explanation of the specific type of
        information, if any, which the Agency deems the
        applicant did not provide the Agency; and
            (D) 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) 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;
            (C) Any corrective action plan submitted pursuant
        to subsection (b) of this Section; or
            (D) Any corrective action plan budget submitted
        pursuant to subsection (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 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. 95-331, eff. 8-21-07.)
 
    (415 ILCS 5/57.9)
    Sec. 57.9. Underground Storage Tank Fund; eligibility and
deductibility.
    (a) The Underground Storage Tank Fund shall be accessible
by owners and operators who have a confirmed release from an
underground storage tank or related tank system of a substance
listed in this Section. The owner or operator is eligible to
access the Underground Storage Tank Fund if the eligibility
requirements of this Title are satisfied and:
        (1) Neither the owner nor the operator is the United
    States Government.
        (2) The tank does not contain fuel which is exempt from
    the Motor Fuel Tax Law.
        (3) The costs were incurred as a result of a confirmed
    release of any of the following substances:
            (A) "Fuel", as defined in Section 1.19 of the Motor
        Fuel Tax Law.
            (B) Aviation fuel.
            (C) Heating oil.
            (D) Kerosene.
            (E) Used oil which has been refined from crude oil
        used in a motor vehicle, as defined in Section 1.3 of
        the Motor Fuel Tax Law.
        (4) The owner or operator registered the tank and paid
    all fees in accordance with the statutory and regulatory
    requirements of the Gasoline Storage Act.
        (5) The owner or operator notified the Illinois
    Emergency Management Agency of a confirmed release, the
    costs were incurred after the notification and the costs
    were a result of a release of a substance listed in this
    Section. Costs of corrective action or indemnification
    incurred before providing that notification shall not be
    eligible for payment.
        (6) The costs have not already been paid to the owner
    or operator under a private insurance policy, other written
    agreement, or court order.
        (7) The costs were associated with "corrective action"
    of this Act.
        If the underground storage tank which experienced a
    release of a substance listed in this Section was installed
    after July 28, 1989, the owner or operator is eligible to
    access the Underground Storage Tank Fund if it is
    demonstrated to the Office of the State Fire Marshal the
    tank was installed and operated in accordance with Office
    of the State Fire Marshal regulatory requirements. Office
    of the State Fire Marshal certification is prima facie
    evidence the tank was installed pursuant to the Office of
    the State Fire Marshal regulatory requirements.
    (b) For releases reported prior to the effective date of
this amendatory Act of the 96th General Assembly, an An owner
or operator may access the Underground Storage Tank Fund for
costs associated with an Agency approved plan and the Agency
shall approve the payment of costs associated with corrective
action after the application of a $10,000 deductible, except in
the following situations:
        (1) A deductible of $100,000 shall apply when none of
    the underground storage tanks were registered prior to July
    28, 1989, except in the case of underground storage tanks
    used exclusively to store heating oil for consumptive use
    on the premises where stored and which serve other than
    farms or residential units, a deductible of $100,000 shall
    apply when none of these tanks were registered prior to
    July 1, 1992.
        (2) A deductible of $50,000 shall apply if any of the
    underground storage tanks were registered prior to July 28,
    1989, and the State received notice of the confirmed
    release prior to July 28, 1989.
        (3) A deductible of $15,000 shall apply when one or
    more, but not all, of the underground storage tanks were
    registered prior to July 28, 1989, and the State received
    notice of the confirmed release on or after July 28, 1989.
    For releases reported on or after the effective date of
this amendatory Act of the 96th General Assembly, an owner or
operator may access the Underground Storage Tank Fund for costs
associated with an Agency approved plan, and the Agency shall
approve the payment of costs associated with corrective action
after the application of a $5,000 deductible.
    A deductible shall apply annually for each site at which
costs were incurred under a claim submitted pursuant to this
Title, except that if corrective action in response to an
occurrence takes place over a period of more than one year, in
subsequent years, no deductible shall apply for costs incurred
in response to such occurrence.
    (c) Eligibility and deductibility determinations shall be
made by the Office of the State Fire Marshal.
        (1) When an owner or operator reports a confirmed
    release of a regulated substance, the Office of the State
    Fire Marshal shall provide the owner or operator with an
    "Eligibility and Deductibility Determination" form. The
    form shall either be provided on-site or within 15 days of
    the Office of the State Fire Marshal receipt of notice
    indicating a confirmed release. The form shall request
    sufficient information to enable the Office of the State
    Fire Marshal to make a final determination as to owner or
    operator eligibility to access the Underground Storage
    Tank Fund pursuant to this Title and the appropriate
    deductible. The form shall be promulgated as a rule or
    regulation pursuant to the Illinois Administrative
    Procedure Act by the Office of the State Fire Marshal.
    Until such form is promulgated, the Office of State Fire
    Marshal shall use a form which generally conforms with this
    Act.
        (2) Within 60 days of receipt of the "Eligibility and
    Deductibility Determination" form, the Office of the State
    Fire Marshal shall issue one letter enunciating the final
    eligibility and deductibility determination, and such
    determination or failure to act within the time prescribed
    shall be a final decision appealable to the Illinois
    Pollution Control Board.
(Source: P.A. 88-496.)
 
    (415 ILCS 5/57.11)
    Sec. 57.11. Underground Storage Tank Fund; creation.
    (a) There is hereby created in the State Treasury a special
fund to be known as the Underground Storage Tank Fund. There
shall be deposited into the Underground Storage Tank Fund all
monies received by the Office of the State Fire Marshal as fees
for underground storage tanks under Sections 4 and 5 of the
Gasoline Storage Act and as fees pursuant to the Motor Fuel Tax
Law. All amounts held in the Underground Storage Tank Fund
shall be invested at interest by the State Treasurer. All
income earned from the investments shall be deposited into the
Underground Storage Tank Fund no less frequently than
quarterly. Moneys in the Underground Storage Tank Fund,
pursuant to appropriation, may be used by the Agency and the
Office of the State Fire Marshal for the following purposes:
        (1) To take action authorized under Section 57.12 to
    recover costs under Section 57.12.
        (2) To assist in the reduction and mitigation of damage
    caused by leaks from underground storage tanks, including
    but not limited to, providing alternative water supplies to
    persons whose drinking water has become contaminated as a
    result of those leaks.
        (3) To be used as a matching amount towards federal
    assistance relative to the release of petroleum from
    underground storage tanks.
        (4) For the costs of administering activities of the
    Agency and the Office of the State Fire Marshal relative to
    the Underground Storage Tank Fund.
        (5) For payment of costs of corrective action incurred
    by and indemnification to operators of underground storage
    tanks as provided in this Title.
        (6) For a total of 2 demonstration projects in amounts
    in excess of a $10,000 deductible charge designed to assess
    the viability of corrective action projects at sites which
    have experienced contamination from petroleum releases.
    Such demonstration projects shall be conducted in
    accordance with the provision of this Title.
        (7) Subject to appropriation, moneys in the
    Underground Storage Tank Fund may also be used by the
    Department of Revenue for the costs of administering its
    activities relative to the Fund and for refunds provided
    for in Section 13a.8 of the Motor Fuel Tax Act.
    (b) Moneys in the Underground Storage Tank Fund may,
pursuant to appropriation, be used by the Office of the State
Fire Marshal or the Agency to take whatever emergency action is
necessary or appropriate to assure that the public health or
safety is not threatened whenever there is a release or
substantial threat of a release of petroleum from an
underground storage tank and for the costs of administering its
activities relative to the Underground Storage Tank Fund.
    (c) Beginning July 1, 1993, the Governor shall certify to
the State Comptroller and State Treasurer the monthly amount
necessary to pay debt service on State obligations issued
pursuant to Section 6 of the General Obligation Bond Act. On
the last day of each month, the Comptroller shall order
transferred and the Treasurer shall transfer from the
Underground Storage Tank Fund to the General Obligation Bond
Retirement and Interest Fund the amount certified by the
Governor, plus any cumulative deficiency in those transfers for
prior months.
    (d) Except as provided in subsection (c) of this Section,
the Underground Storage Tank Fund is not subject to
administrative charges authorized under Section 8h of the State
Finance Act that would in any way transfer any funds from the
Underground Storage Tank Fund into any other fund of the State.
    (e) Each fiscal year, subject to appropriation, the Agency
may commit up to $10,000,000 of the moneys in the Underground
Storage Tank Fund to the payment of corrective action costs for
legacy sites that meet one or more of the following criteria as
a result of the underground storage tank release: (i) the
presence of free product, (ii) contamination within a regulated
recharge area, a wellhead protection area, or the setback zone
of a potable water supply well, (iii) contamination extending
beyond the boundaries of the site where the release occurred,
or (iv) such other criteria as may be adopted in Agency rules.
        (1) Fund moneys committed under this subsection (e)
    shall be held in the Fund for payment of the corrective
    action costs for which the moneys were committed.
        (2) The Agency may adopt rules governing the commitment
    of Fund moneys under this subsection (e).
        (3) This subsection (e) does not limit the use of Fund
    moneys at legacy sites as otherwise provided under this
    Title.
        (4) For the purposes of this subsection (e), the term
    "legacy site" means a site for which (i) an underground
    storage tank release was reported prior to January 1, 2005,
    (ii) the owner or operator has been determined eligible to
    receive payment from the Fund for corrective action costs,
    and (iii) the Agency did not receive any applications for
    payment prior to January 1, 2010.
(Source: P.A. 96-34, eff. 7-13-09.)
 
    (415 ILCS 5/57.13)
    Sec. 57.13. Underground Storage Tank Program; transition.
This Title applies to all underground storage tank releases for
which a No Further Remediation Letter is issued on or after the
effective date of this amendatory Act of the 96th General
Assembly, provided that (i) costs incurred prior to the
effective date of this amendatory Act shall be payable from the
UST Fund in the same manner as allowed under the law in effect
at the time the costs were incurred and (ii) releases for which
corrective action was completed prior to the effective date of
this amendatory Act shall be eligible for a No Further
Remediation Letter in the same manner as allowed under the law
in effect at the time the corrective action was completed.
    (a) If a release is reported to the proper State authority
on or after June 24, 2002, 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 June 24, 2002, 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.
(Source: P.A. 95-331, eff. 8-21-07.)
 
    (415 ILCS 5/57.18 new)
    Sec. 57.18. Additional remedial action required by change
in law; Agency's duty to propose amendment. If a change in
State or federal law requires additional remedial action in
response to releases for which No Further Remediation Letters
have been issued, the Agency shall propose in the next
convening of a regular session of the current General Assembly
amendments to this Title to allow owners and operators to
perform the additional remedial action and seek payment from
the Fund for the costs of the action.
 
    (415 ILCS 5/57.19 new)
    Sec. 57.19. Costs incurred after the issuance of a No
Further Remediation Letter. The following shall be considered
corrective action activities eligible for payment from the Fund
even when an owner or operator conducts these activities after
the issuance of a No Further Remediation Letter. Corrective
action conducted under this Section and costs incurred under
this Section must comply with the requirements of this Title
and Board rules adopted under this Title.
        (1) Corrective action to achieve residential property
    remediation objectives if the owner or operator
    demonstrates that property remediated to
    industrial/commercial property remediation objectives
    pursuant to subdivision (c)(3)(A)(ii) of Section 57.7 of
    this Act is being developed into residential property.
        (2) Corrective action to address groundwater
    contamination if the owner or operator demonstrates that
    action is necessary because a groundwater ordinance used as
    an institutional control pursuant to subdivision
    (c)(3)(A)(iii) of Section 57.7 of this Act can no longer be
    used as an institutional control.
        (3) Corrective action to address groundwater
    contamination if the owner or operator demonstrates that
    action is necessary because an on-site groundwater use
    restriction used as an institutional control pursuant to
    subdivision (c)(3)(A)(iv) of Section 57.7 of this Act must
    be lifted in order to allow the installation of a potable
    water supply well due to public water supply service no
    longer being available for reasons other than an act or
    omission of the owner or operator.
        (4) The disposal of soil that does not exceed
    industrial/commercial property remediation objectives, but
    that does exceed residential property remediation
    objectives, if industrial/commercial property remediation
    objectives were used pursuant to subdivision (c)(3)(A)(ii)
    of Section 57.7 of this Act and the owner or operator
    demonstrates that (i) the contamination is the result of
    the release for which the owner or operator is eligible to
    seek payment from the Fund and (ii) disposal of the soil is
    necessary as a result of construction activities conducted
    after the issuance of a No Further Remediation Letter on
    the site where the release occurred, including, but not
    limited to, the following: tank, line, or canopy repair,
    replacement, or removal; building upgrades; sign
    installation; and water or sewer line replacement.
        (5) The disposal of water exceeding groundwater
    remediation objectives that is removed from an excavation
    on the site where the release occurred if a groundwater
    ordinance is used as an institutional control pursuant to
    subdivision (c)(3)(A)(iii) of Section 57.7 of this Act, or
    if an on-site groundwater use restriction is used as an
    institutional control pursuant to subdivision
    (c)(3)(A)(iv) of Section 57.7, and the owner or operator
    demonstrates that (i) the excavation is located within the
    measured or modeled extent of groundwater contamination
    resulting from the release for which the owner or operator
    is eligible to seek payment from the Fund and (ii) disposal
    of the groundwater is necessary as a result of construction
    activities conducted after the issuance of a No Further
    Remediation Letter on the site where the release occurred,
    including, but not limited to, the following: tank, line,
    or canopy repair, replacement, or removal; building
    upgrades; sign installation; and water or sewer line
    replacement.
 
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 06/08/2010