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91_SB1018enr
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1 AN ACT to amend the Environmental Protection Act by
2 changing Sections 19.2, 19.3, 19.4, 19.5, 19.6, 19.8, 22.2,
3 58, and 58.3 and adding Section 58.15.
4 Be it enacted by the People of the State of Illinois,
5 represented in the General Assembly:
6 Section 5. The Environmental Protection Act is amended
7 by changing Sections 19.2, 19.3, 19.4, 19.5, 19.6, 19.8,
8 22.2, 58, and 58.3 and adding Section 58.15 as follows:
9 (415 ILCS 5/19.2) (from Ch. 111 1/2, par. 1019.2)
10 Sec. 19.2. As used in this Title, unless the context
11 clearly requires otherwise:
12 (a) "Agency" means the Illinois Environmental Protection
13 Agency.
14 (b) "Fund" means the Water Revolving Fund created
15 pursuant to this Title, consisting of the Water Pollution
16 Control Loan Program, the Public Water Supply Loan Program,
17 and the Loan Support Program.
18 (c) "Loan" means a loan made from the Water Pollution
19 Control Loan Program or the Public Water Supply Loan Program
20 to an eligible applicant local government unit as a result of
21 a contractual agreement between the Agency and such applicant
22 unit.
23 (d) "Construction" means any one or more of the
24 following which is undertaken for a public purpose:
25 preliminary planning to determine the feasibility of the
26 treatment works or public water supply, engineering,
27 architectural, legal, fiscal or economic investigations or
28 studies, surveys, designs, plans, working drawings,
29 specifications, procedures or other necessary actions,
30 erection, building, acquisition, alteration, remodeling,
31 improvement or extension of treatment works or public water
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1 supplies, or the inspection or supervision of any of the
2 foregoing items. "Construction" also includes implementation
3 of source water quality protection measures and establishment
4 and implementation of wellhead protection programs in
5 accordance with Section 1452(k)(1) of the federal Safe
6 Drinking Water Act.
7 (e) "Intended use plan" means a plan which includes a
8 description of the short and long term goals and objectives
9 of the Water Pollution Control Loan Program and the Public
10 Water Supply Loan Program, project categories, discharge
11 requirements, terms of financial assistance and the loan
12 applicants communities to be served.
13 (f) "Treatment works" means any devices and systems
14 owned by a local government unit and used in the storage,
15 treatment, recycling, and reclamation of sewerage or
16 industrial wastes of a liquid nature, including intercepting
17 sewers, outfall sewers, sewage collection systems, pumping
18 power and other equipment, and appurtenances; extensions,
19 improvements, remodeling, additions, and alterations thereof;
20 elements essential to provide a reliable recycled supply,
21 such as standby treatment units and clear well facilities;
22 and any works, including site acquisition of the land that
23 will be an integral part of the treatment process for
24 wastewater facilities.
25 (g) "Local government unit" means a county,
26 municipality, township, municipal or county sewerage or
27 utility authority, sanitary district, public water district,
28 improvement authority or any other political subdivision
29 whose primary purpose is to construct, operate and maintain
30 wastewater treatment facilities or public water supply
31 facilities or both.
32 (Source: P.A. 89-27, eff. 1-1-96; 90-121, eff. 7-17-97.)
33 (415 ILCS 5/19.3) (from Ch. 111 1/2, par. 1019.3)
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1 Sec. 19.3. Water Revolving Fund.
2 (a) There is hereby created within the State Treasury a
3 Water Revolving Fund, consisting of 3 interest-bearing
4 special programs to be known as the Water Pollution Control
5 Loan Program, the Public Water Supply Loan Program, and the
6 Loan Support Program, which shall be used and administered by
7 the Agency.
8 (b) The Water Pollution Control Loan Program shall be
9 used and administered by the Agency to provide assistance to
10 local government units for the following public purposes:
11 (1) to accept and retain funds from grant awards,
12 appropriations, transfers, and payments of interest and
13 principal;
14 (2) to make direct loans at or below market
15 interest rates to any eligible local government unit to
16 finance the construction of wastewater treatments works;
17 (3) to make direct loans at or below market
18 interest rates to any eligible local government unit to
19 buy or refinance debt obligations for treatment works
20 incurred after March 7, 1985;
21 (3.5) to make direct loans at or below market
22 interest rates for the implementation of a management
23 program established under Section 319 of the Federal
24 Water Pollution Control Act, as amended;
25 (4) to guarantee or purchase insurance for local
26 obligations where such action would improve credit market
27 access or reduce interest rates;
28 (5) as a source of revenue or security for the
29 payment of principal and interest on revenue or general
30 obligation bonds issued by the State or any political
31 subdivision or instrumentality thereof, if the proceeds
32 of such bonds will be deposited in the Fund;
33 (6) to finance the reasonable costs incurred by the
34 Agency in the administration of the Fund; and
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1 (7) to transfer funds to the Public Water Supply
2 Loan Program.
3 (c) The Loan Support Program shall be used and
4 administered by the Agency for the following purposes:
5 (1) to accept and retain funds from grant awards
6 and appropriations;
7 (2) to finance the reasonable costs incurred by the
8 Agency in the administration of the Fund, including
9 activities under Title III of this Act, including the
10 administration of the State construction grant program;
11 (3) to transfer funds to the Water Pollution
12 Control Loan Program and the Public Water Supply Loan
13 Program;
14 (4) to accept and retain a portion of the loan
15 repayments;
16 (5) to finance the development of the low interest
17 loan program for public water supply projects;
18 (6) to finance the reasonable costs incurred by the
19 Agency to provide technical assistance for public water
20 supplies; and
21 (7) to finance the reasonable costs incurred by the
22 Agency for public water system supervision programs, to
23 administer or provide for technical assistance through
24 source water protection programs, to develop and
25 implement a capacity development strategy, to delineate
26 and assess source water protection areas, and for an
27 operator certification program in accordance with Section
28 1452 of the federal Safe Drinking Water Act.
29 (d) The Public Water Supply Loan Program shall be used
30 and administered by the Agency to provide assistance to local
31 government units for public water supplies for the following
32 public purposes:
33 (1) to accept and retain funds from grant awards,
34 appropriations, transfers, and payments of interest and
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1 principal;
2 (2) to make direct loans at or below market
3 interest rates to any eligible local government unit to
4 finance the construction of public water supplies;
5 (3) to buy or refinance the debt obligation of a
6 local government unit for costs incurred on or after the
7 effective date of this amendatory Act of 1997;
8 (4) to guarantee local obligations where such
9 action would improve credit market access or reduce
10 interest rates;
11 (5) as a source of revenue or security for the
12 payment of principal and interest on revenue or general
13 obligation bonds issued by the State or any political
14 subdivision or instrumentality thereof, if the proceeds
15 of such bonds will be deposited into the Fund; and
16 (6) to transfer funds to the Water Pollution
17 Control Loan Program.
18 (e) The Agency is designated as the administering
19 agency of the Fund. The Agency shall submit to the Regional
20 Administrator of the United States Environmental Protection
21 Agency an intended use plan which outlines the proposed use
22 of funds available to the State. The Agency shall take all
23 actions necessary to secure to the State the benefits of the
24 federal Water Pollution Control Act and the federal Safe
25 Drinking Water Act, as now or hereafter amended.
26 (f) The Agency shall have the power to enter into
27 intergovernmental agreements with the federal government or
28 the State, or any instrumentality thereof, for purposes of
29 capitalizing the Water Revolving Fund. Moneys on deposit in
30 the Water Revolving Fund may be used for the creation of
31 reserve funds or pledged funds that secure the obligations of
32 repayment of loans made pursuant to this Section. For the
33 purpose of obtaining capital for deposit into the Water
34 Revolving Fund, the Agency may also enter into agreements
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1 with financial institutions and other persons for the purpose
2 of selling loans and developing a secondary market for such
3 loans. The Agency shall have the power to create and
4 establish such reserve funds and accounts as may be necessary
5 or desirable to accomplish its purposes under this subsection
6 and to allocate its available moneys into such funds and
7 accounts. Investment earnings on moneys held in the Water
8 Revolving Fund, including any reserve fund or pledged fund,
9 shall be deposited into the Water Revolving Fund.
10 (Source: P.A. 89-27, eff. 1-1-96; 90-121, eff. 7-17-97.)
11 (415 ILCS 5/19.4) (from Ch. 111 1/2, par. 1019.4)
12 Sec. 19.4. (a) The Agency shall have the authority to
13 promulgate regulations to set forth procedures and criteria
14 concerning loan applications. For units of local government,
15 the regulations shall include, but need not be limited to,
16 the following elements:,
17 (1) loan application requirements;
18 (2) determination of credit worthiness of the loan
19 applicant;
20 (3) special loan terms, as necessary, for securing
21 the repayment of the loan;
22 (4) assurance of payment;,
23 (5) interest rates;,
24 (6) loan support rates;,
25 (7) impact on user charges;,
26 (8) eligibility of proposed construction;,
27 (9) priority of needs;,
28 (10) special loan terms for disadvantaged
29 communities;, and
30 (11) maximum limits on annual distributions of
31 funds to applicants or groups of applicants;.
32 (12) penalties for noncompliance with loan
33 requirements and conditions, including stop-work orders,
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1 termination, and recovery of loan funds; and
2 (13) indemnification of the State of Illinois and
3 the Agency by the loan recipient.
4 (b) The Agency shall have the authority to promulgate
5 regulations to set forth procedures and criteria concerning
6 loan applications for loan recipients other than units of
7 local government. In addition to all of the elements
8 required for units of local government under subsection (a),
9 the regulations shall include, but need not be limited to,
10 the following elements:
11 (1) types of security required for the loan;
12 (2) types of collateral, as necessary, that can be
13 pledged for the loan; and
14 (3) staged access to fund privately owned community
15 water supplies.
16 (c) The Agency shall develop and maintain a priority
17 list of loan applicants as categorized by need. Priority in
18 making loans from the Water Pollution Control Loan Program
19 must first be given to local government units which need to
20 make capital improvements to achieve compliance with National
21 Pollutant Discharge Elimination System permit requirements
22 pursuant to the federal Water Quality Act of 1987 and this
23 Act. Priority in making loans from the Public Water Supply
24 Loan Program must first be given to local government units
25 that need to make capital improvements to protect human
26 health and to achieve compliance with the State and federal
27 primary drinking water standards adopted pursuant to this Act
28 and the federal Safe Drinking Water Act, as now and hereafter
29 amended.
30 (Source: P.A. 89-27, eff. 1-1-96; 90-121, eff. 7-17-97.)
31 (415 ILCS 5/19.5) (from Ch. 111 1/2, par. 1019.5)
32 Sec. 19.5. Loans; repayment.
33 (a) The Agency shall have the authority to make loans
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1 for a public purpose to local government units for the
2 construction of treatment works and public water supplies
3 pursuant to the regulations promulgated under Section 19.4.
4 (b) Loans made from the Fund shall provide for:
5 (1) a schedule of disbursement of proceeds;
6 (2) a fixed rate that includes interest and loan
7 support based upon priority, but the loan support rate
8 shall not exceed one-half of the fixed rate established
9 for each loan;
10 (3) a schedule of repayment;
11 (4) initiation of principal repayments within one
12 year after the project is operational; and
13 (5) a confession of judgment upon default.
14 (c) The Agency may amend existing loans to include a
15 loan support rate only if the overall cost to the loan
16 recipient is not increased.
17 (d) A local government unit shall secure the payment of
18 its obligations to the Fund by a dedicated source of
19 repayment, including revenues derived from the imposition of
20 rates, fees and charges. Other loan applicants shall secure
21 the payment of their obligations by appropriate security and
22 collateral pursuant to regulations promulgated under Section
23 19.4. In the event of a delinquency as to payments to the
24 Fund, the local government unit shall revise its rates, fees
25 and charges to meet its obligations.
26 (Source: P.A. 89-27, eff. 1-1-96; 90-121, eff. 7-17-97.)
27 (415 ILCS 5/19.6) (from Ch. 111 1/2, par. 1019.6)
28 Sec. 19.6. Delinquent loan repayment.
29 (a) In the event that a timely payment is not made by a
30 loan recipient local government unit according to the loan
31 schedule of repayment, the loan recipient local government
32 unit shall notify the Agency in writing within 15 days after
33 the payment due date. The notification shall include a
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1 statement of the reasons the payment was not timely tendered,
2 the circumstances under which the late payments will be
3 satisfied, and binding commitments to assure future payments.
4 After receipt of this notification, the Agency shall confirm
5 in writing the acceptability of the plan or take action in
6 accordance with subsection (b) of this Section.
7 (b) In the event that a loan recipient local government
8 unit fails to comply with subsection (a) of this Section, the
9 Agency shall promptly issue a notice of delinquency to the
10 loan recipient, local government unit which shall require a
11 written response within 15 30 days. The notice of
12 delinquency shall require that the loan recipient local
13 government unit revise its rates, fees and charges to meet
14 its obligations pursuant to subsection (d) of Section 19.5 or
15 take other specified actions as may be appropriate to remedy
16 the delinquency and to assure future payments.
17 (c) In the event that the loan recipient local
18 government unit fails to timely or adequately respond to a
19 notice of delinquency, or fails to meet its obligations made
20 pursuant to subsections (a) and (b) of this Section, the
21 Agency shall pursue the collection of the amounts past due,
22 the outstanding loan balance and the costs thereby incurred,
23 either pursuant to the Illinois State Collection Act of 1986
24 or by any other reasonable means as may be provided by law,
25 including the taking of title by foreclosure or otherwise to
26 any project or other property pledged, mortgaged, encumbered,
27 or otherwise available as security or collateral.
28 (Source: P.A. 90-121, eff. 7-17-97.)
29 (415 ILCS 5/19.8) (from Ch. 111 1/2, par. 1019.8)
30 Sec. 19.8. Advisory committees; reports.
31 (a) The Director of the Agency shall appoint committees
32 to advise the Agency concerning the financial structure of
33 the Programs. The committees shall consist of
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1 representatives from appropriate State agencies, the
2 financial community, engineering societies and other
3 interested parties. The committees shall meet periodically
4 and members shall be reimbursed for their ordinary and
5 necessary expenses incurred in the performance of their
6 committee duties.
7 (b) The Agency shall report to the General Assembly by
8 June 30, 1998 regarding the feasibility of providing drinking
9 water loans to not-for-profit community water supplies that
10 serve units of local government and to investor-owned public
11 utilities. The report shall include a detailed discussion of
12 all relevant factors and shall include participation from
13 representatives of the affected entities.
14 (Source: P.A. 90-121, eff. 7-17-97.)
15 (415 ILCS 5/22.2) (from Ch. 111 1/2, par. 1022.2)
16 Sec. 22.2. Hazardous waste; fees; liability.
17 (a) There are hereby created within the State Treasury 2
18 special funds to be known respectively as the "Hazardous
19 Waste Fund" and the "Hazardous Waste Research Fund",
20 constituted from the fees collected pursuant to this Section.
21 In addition to the fees collected under this Section, the
22 Hazardous Waste Fund shall include other moneys made
23 available from any source for deposit into the Fund.
24 (b) (1) On and after January 1, 1989, the Agency shall
25 collect from the owner or operator of each of the
26 following sites a fee in the amount of:
27 (A) 6 cents per gallon or $12.12 per cubic
28 yard of hazardous waste disposed for 1989, 7.5 cents
29 per gallon or $15.15 per cubic yard for 1990 and 9
30 cents per gallon or $18.18 per cubic yard
31 thereafter, if the hazardous waste disposal site is
32 located off the site where such waste was produced.
33 The maximum amount payable under this subdivision
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1 (A) with respect to the hazardous waste generated by
2 a single generator and deposited in monofills is
3 $20,000 for 1989, $25,000 for 1990, and $30,000 per
4 year thereafter. If, as a result of the use of
5 multiple monofills, waste fees in excess of the
6 maximum are assessed with respect to a single waste
7 generator, the generator may apply to the Agency for
8 a credit.
9 (B) 6 cents per gallon or $12.12 per cubic
10 yard of hazardous waste disposed for 1989, 7.5 cents
11 per gallon or $15.15 per cubic yard for 1990 and 9
12 cents or $18.18 per cubic yard thereafter, if the
13 hazardous waste disposal site is located on the site
14 where such waste was produced, provided however the
15 maximum amount of fees payable under this paragraph
16 (B) is $20,000 for 1989, $25,000 for 1990 and
17 $30,000 per year thereafter for each such hazardous
18 waste disposal site.
19 (C) If the hazardous waste disposal site is an
20 underground injection well, $6,000 per year if not
21 more than 10,000,000 gallons per year are injected,
22 $15,000 per year if more than 10,000,000 gallons but
23 not more than 50,000,000 gallons per year are
24 injected, and $27,000 per year if more than
25 50,000,000 gallons per year are injected.
26 (D) 2 cents per gallon or $4.04 per cubic yard
27 for 1989, 2.5 cents per gallon or $5.05 per cubic
28 yard for 1990, and 3 cents per gallon or $6.06 per
29 cubic yard thereafter of hazardous waste received
30 for treatment at a hazardous waste treatment site,
31 if the hazardous waste treatment site is located off
32 the site where such waste was produced and if such
33 hazardous waste treatment site is owned, controlled
34 and operated by a person other than the generator of
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1 such waste. After treatment at such hazardous waste
2 treatment site, the waste shall not be subject to
3 any other fee imposed by this subsection (b). For
4 purposes of this subsection (b), the term
5 "treatment" is defined as in Section 3.49 but shall
6 not include recycling, reclamation or reuse.
7 (2) The General Assembly shall annually appropriate
8 to the Fund such amounts as it deems necessary to fulfill
9 the purposes of this Act.
10 (3) The Agency shall have the authority to accept,
11 receive, and administer on behalf of the State any moneys
12 made available to the State from any source for the
13 purposes of the Hazardous Waste Fund set forth in
14 subsection (d) of this Section. Whenever the unobligated
15 balance of the Hazardous Waste Fund exceeds $10,000,000,
16 the Agency shall suspend the collection of the fees
17 provided for in this Section until the unobligated
18 balance of the Fund falls below $8,000,000.
19 (4) Of the amount collected as fees provided for in
20 this Section, the Agency shall manage the use of such
21 funds to assure that sufficient funds are available for
22 match towards federal expenditures for response action at
23 sites which are listed on the National Priorities List;
24 provided, however, that this shall not apply to
25 additional monies appropriated to the Fund by the General
26 Assembly, nor shall it apply in the event that the
27 Director finds that revenues in the Hazardous Waste Fund
28 must be used to address conditions which create or may
29 create an immediate danger to the environment or public
30 health or to the welfare of the people of the State of
31 Illinois.
32 (5) Notwithstanding the other provisions of this
33 subsection (b), sludge from a publicly-owned sewage works
34 generated in Illinois, coal mining wastes and refuse
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1 generated in Illinois, bottom boiler ash, flyash and flue
2 gas desulphurization sludge from public utility electric
3 generating facilities located in Illinois, and bottom
4 boiler ash and flyash from all incinerators which process
5 solely municipal waste shall not be subject to the fee.
6 (6) For the purposes of this subsection (b),
7 "monofill" means a facility, or a unit at a facility,
8 that accepts only wastes bearing the same USEPA hazardous
9 waste identification number, or compatible wastes as
10 determined by the Agency.
11 (c) The Agency shall establish procedures, not later
12 than January 1, 1984, relating to the collection of the fees
13 authorized by this Section. Such procedures shall include,
14 but not be limited to: (1) necessary records identifying the
15 quantities of hazardous waste received or disposed; (2) the
16 form and submission of reports to accompany the payment of
17 fees to the Agency; and (3) the time and manner of payment of
18 fees to the Agency, which payments shall be not more often
19 than quarterly.
20 (d) Beginning July 1, 1996, the Agency shall deposit all
21 such receipts in the State Treasury to the credit of the
22 Hazardous Waste Fund, except as provided in subsection (e) of
23 this Section. All monies in the Hazardous Waste Fund shall be
24 used by the Agency for the following purposes:
25 (1) Taking whatever preventive or corrective action
26 is necessary or appropriate, in circumstances certified
27 by the Director, including but not limited to removal or
28 remedial action whenever there is a release or
29 substantial threat of a release of a hazardous substance
30 or pesticide; provided, the Agency shall expend no more
31 than $1,000,000 on any single incident without
32 appropriation by the General Assembly.
33 (2) To meet any requirements which must be met by
34 the State in order to obtain federal funds pursuant to
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1 the Comprehensive Environmental Response, Compensation
2 and Liability Act of 1980, (P.L. 96-510).
3 (3) In an amount up to 30% of the amount collected
4 as fees provided for in this Section, for use by the
5 Agency to conduct groundwater protection activities,
6 including providing grants to appropriate units of local
7 government which are addressing protection of underground
8 waters pursuant to the provisions of this Act.
9 (4) To fund the development and implementation of
10 the model pesticide collection program under Section 19.1
11 of the Illinois Pesticide Act.
12 (5) To the extent the Agency has received and
13 deposited monies in the Fund other than fees collected
14 under subsection (b) of this Section, to pay for the cost
15 of Agency employees for services provided in reviewing
16 the performance of response actions pursuant to Title
17 XVII of this Act.
18 (6) In an amount up to 15% of the fees collected
19 annually under subsection (b) of this Section, for use by
20 the Agency for administration of the provisions of this
21 Section.
22 (e) The Agency shall deposit 10% of all receipts
23 collected under subsection (b) of this Section, but not to
24 exceed $200,000 per year, in the State Treasury to the credit
25 of the Hazardous Waste Research Fund established by this Act.
26 Pursuant to appropriation, all monies in such Fund shall be
27 used by the Department of Natural Resources for the purposes
28 set forth in this subsection.
29 The Department of Natural Resources may enter into
30 contracts with business, industrial, university, governmental
31 or other qualified individuals or organizations to assist in
32 the research and development intended to recycle, reduce the
33 volume of, separate, detoxify or reduce the hazardous
34 properties of hazardous wastes in Illinois. Monies in the
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1 Fund may also be used by the Department of Natural Resources
2 for technical studies, monitoring activities, and educational
3 and research activities which are related to the protection
4 of underground waters. Monies in the Hazardous Waste
5 Research Fund may be used to administer the Illinois Health
6 and Hazardous Substances Registry Act. Monies in the
7 Hazardous Waste Research Fund shall not be used for any
8 sanitary landfill or the acquisition or construction of any
9 facility. This does not preclude the purchase of equipment
10 for the purpose of public demonstration projects. The
11 Department of Natural Resources shall adopt guidelines for
12 cost sharing, selecting, and administering projects under
13 this subsection.
14 (f) Notwithstanding any other provision or rule of law,
15 and subject only to the defenses set forth in subsection (j)
16 of this Section, the following persons shall be liable for
17 all costs of removal or remedial action incurred by the State
18 of Illinois or any unit of local government as a result of a
19 release or substantial threat of a release of a hazardous
20 substance or pesticide:
21 (1) the owner and operator of a facility or vessel
22 from which there is a release or substantial threat of
23 release of a hazardous substance or pesticide;
24 (2) any person who at the time of disposal,
25 transport, storage or treatment of a hazardous substance
26 or pesticide owned or operated the facility or vessel
27 used for such disposal, transport, treatment or storage
28 from which there was a release or substantial threat of a
29 release of any such hazardous substance or pesticide;
30 (3) any person who by contract, agreement, or
31 otherwise has arranged with another party or entity for
32 transport, storage, disposal or treatment of hazardous
33 substances or pesticides owned, controlled or possessed
34 by such person at a facility owned or operated by another
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1 party or entity from which facility there is a release or
2 substantial threat of a release of such hazardous
3 substances or pesticides; and
4 (4) any person who accepts or accepted any
5 hazardous substances or pesticides for transport to
6 disposal, storage or treatment facilities or sites from
7 which there is a release or a substantial threat of a
8 release of a hazardous substance or pesticide.
9 Any monies received by the State of Illinois pursuant to
10 this subsection (f) shall be deposited in the State Treasury
11 to the credit of the Hazardous Waste Fund.
12 In accordance with the other provisions of this Section,
13 costs of removal or remedial action incurred by a unit of
14 local government may be recovered in an action before the
15 Board brought by the unit of local government under
16 subsection (i) of this Section. Any monies so recovered
17 shall be paid to the unit of local government.
18 (g)(1) No indemnification, hold harmless, or similar
19 agreement or conveyance shall be effective to transfer
20 from the owner or operator of any vessel or facility or
21 from any person who may be liable for a release or
22 substantial threat of a release under this Section, to
23 any other person the liability imposed under this
24 Section. Nothing in this Section shall bar any agreement
25 to insure, hold harmless or indemnify a party to such
26 agreements for any liability under this Section.
27 (2) Nothing in this Section, including the
28 provisions of paragraph (g)(1) of this Section, shall bar
29 a cause of action that an owner or operator or any other
30 person subject to liability under this Section, or a
31 guarantor, has or would have, by reason of subrogation or
32 otherwise against any person.
33 (h) For purposes of this Section:
34 (1) The term "facility" means:
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1 (A) any building, structure, installation,
2 equipment, pipe or pipeline including but not
3 limited to any pipe into a sewer or publicly owned
4 treatment works, well, pit, pond, lagoon,
5 impoundment, ditch, landfill, storage container,
6 motor vehicle, rolling stock, or aircraft; or
7 (B) any site or area where a hazardous
8 substance has been deposited, stored, disposed of,
9 placed, or otherwise come to be located.
10 (2) The term "owner or operator" means:
11 (A) any person owning or operating a vessel or
12 facility;
13 (B) in the case of an abandoned facility, any
14 person owning or operating the abandoned facility or
15 any person who owned, operated, or otherwise
16 controlled activities at the abandoned facility
17 immediately prior to such abandonment;
18 (C) in the case of a land trust as defined in
19 Section 2 of the Land Trustee as Creditor Act, the
20 person owning the beneficial interest in the land
21 trust;
22 (D) in the case of a fiduciary (other than a
23 land trustee), the estate, trust estate, or other
24 interest in property held in a fiduciary capacity,
25 and not the fiduciary. For the purposes of this
26 Section, "fiduciary" means a trustee, executor,
27 administrator, guardian, receiver, conservator or
28 other person holding a facility or vessel in a
29 fiduciary capacity;
30 (E) in the case of a "financial institution",
31 meaning the Illinois Housing Development Authority
32 and that term as defined in Section 2 of the
33 Illinois Banking Act, that has acquired ownership,
34 operation, management, or control of a vessel or
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1 facility through foreclosure or under the terms of a
2 security interest held by the financial institution
3 or under the terms of an extension of credit made by
4 the financial institution, the financial institution
5 only if the financial institution takes possession
6 of the vessel or facility and the financial
7 institution exercises actual, direct, and continual
8 or recurrent managerial control in the operation of
9 the vessel or facility that causes a release or
10 substantial threat of a release of a hazardous
11 substance or pesticide resulting in removal or
12 remedial action;
13 (F) In the case of an owner of residential
14 property, the owner if the owner is a person other
15 than an individual, or if the owner is an individual
16 who owns more than 10 dwelling units in Illinois, or
17 if the owner, or an agent, representative,
18 contractor, or employee of the owner, has caused,
19 contributed to, or allowed the release or threatened
20 release of a hazardous substance or pesticide. The
21 term "residential property" means single family
22 residences of one to 4 dwelling units, including
23 accessory land, buildings, or improvements
24 incidental to those dwellings that are exclusively
25 used for the residential use. For purposes of this
26 subparagraph (F), the term "individual" means a
27 natural person, and shall not include corporations,
28 partnerships, trusts, or other non-natural persons.
29 (G) In the case of any facility, title or
30 control of which was conveyed due to bankruptcy,
31 foreclosure, tax delinquency, abandonment, or
32 similar means to a unit of State or local
33 government, any person who owned, operated, or
34 otherwise controlled activities at the facility
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1 immediately beforehand.
2 (H) The term "owner or operator" does not
3 include a unit of State or local government which
4 acquired ownership or control through bankruptcy,
5 tax delinquency, abandonment, or other circumstances
6 in which the government acquires title by virtue of
7 its function as sovereign. The exclusion provided
8 under this paragraph shall not apply to any State or
9 local government which has caused or contributed to
10 the release or threatened release of a hazardous
11 substance from the facility, and such a State or
12 local government shall be subject to the provisions
13 of this Act in the same manner and to the same
14 extent, both procedurally and substantively, as any
15 nongovernmental entity, including liability under
16 Section 22.2(f).
17 (i) The costs and damages provided for in this Section
18 may be imposed by the Board in an action brought before the
19 Board in accordance with Title VIII of this Act, except that
20 Section 33(c) of this Act shall not apply to any such action.
21 (j) (1) There shall be no liability under this Section
22 for a person otherwise liable who can establish by a
23 preponderance of the evidence that the release or substantial
24 threat of release of a hazardous substance and the damages
25 resulting therefrom were caused solely by:
26 (A) an act of God;
27 (B) an act of war;
28 (C) an act or omission of a third party other than
29 an employee or agent of the defendant, or other than one
30 whose act or omission occurs in connection with a
31 contractual relationship, existing directly or
32 indirectly, with the defendant (except where the sole
33 contractual arrangement arises from a published tariff
34 and acceptance for carriage by a common carrier by rail),
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1 if the defendant establishes by a preponderance of the
2 evidence that (i) he exercised due care with respect to
3 the hazardous substance concerned, taking into
4 consideration the characteristics of such hazardous
5 substance, in light of all relevant facts and
6 circumstances, and (ii) he took precautions against
7 foreseeable acts or omissions of any such third party and
8 the consequences that could foreseeably result from such
9 acts or omissions; or
10 (D) any combination of the foregoing paragraphs.
11 (2) There shall be no liability under this Section for
12 any release permitted by State or federal law.
13 (3) There shall be no liability under this Section for
14 damages as a result of actions taken or omitted in the course
15 of rendering care, assistance, or advice in accordance with
16 this Section or the National Contingency Plan pursuant to the
17 Comprehensive Environmental Response, Compensation and
18 Liability Act of 1980 (P.L. 96-510) or at the direction of an
19 on-scene coordinator appointed under such plan, with respect
20 to an incident creating a danger to public health or welfare
21 or the environment as a result of any release of a hazardous
22 substance or a substantial threat thereof. This subsection
23 shall not preclude liability for damages as the result of
24 gross negligence or intentional misconduct on the part of
25 such person. For the purposes of the preceding sentence,
26 reckless, willful, or wanton misconduct shall constitute
27 gross negligence.
28 (4) There shall be no liability under this Section for
29 any person (including, but not limited to, an owner of
30 residential property who applies a pesticide to the
31 residential property or who has another person apply a
32 pesticide to the residential property) for response costs or
33 damages as the result of the storage, handling and use, or
34 recommendation for storage, handling and use, of a pesticide
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1 consistent with:
2 (A) its directions for storage, handling and use as
3 stated in its label or labeling;
4 (B) its warnings and cautions as stated in its
5 label or labeling; and
6 (C) the uses for which it is registered under the
7 Federal Insecticide, Fungicide and Rodenticide Act and
8 the Illinois Pesticide Act.
9 (4.5) There shall be no liability under subdivision
10 (f)(1) of this Section for response costs or damages as the
11 result of a release of a pesticide from an agrichemical
12 facility site if the Agency has received notice from the
13 Department of Agriculture pursuant to Section 19.3 of the
14 Illinois Pesticide Act, the owner or operator of the
15 agrichemical facility is proceeding with a corrective action
16 plan under the Agrichemical Facility Response Action Program
17 implemented under that Section, and the Agency has provided a
18 written endorsement of a corrective action plan.
19 (4.6) There shall be no liability under subdivision
20 (f)(1) of this Section for response costs or damages as the
21 result of a substantial threat of a release of a pesticide
22 from an agrichemical facility site if the Agency has received
23 notice from the Department of Agriculture pursuant to Section
24 19.3 of the Illinois Pesticide Act and the owner or operator
25 of the agrichemical facility is proceeding with a corrective
26 action plan under the Agrichemical Facility Response Action
27 Program implemented under that Section.
28 (5) Nothing in this subsection (j) shall affect or
29 modify in any way the obligations or liability of any person
30 under any other provision of this Act or State or federal
31 law, including common law, for damages, injury, or loss
32 resulting from a release or substantial threat of a release
33 of any hazardous substance or for removal or remedial action
34 or the costs of removal or remedial action of such hazardous
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1 substance.
2 (6)(A) The term "contractual relationship", for the
3 purpose of this subsection includes, but is not limited to,
4 land contracts, deeds or other instruments transferring title
5 or possession, unless the real property on which the facility
6 concerned is located was acquired by the defendant after the
7 disposal or placement of the hazardous substance on, in, or
8 at the facility, and one or more of the circumstances
9 described in clause (i), (ii), or (iii) of this paragraph is
10 also established by the defendant by a preponderance of the
11 evidence:
12 (i) At the time the defendant acquired the facility
13 the defendant did not know and had no reason to know that
14 any hazardous substance which is the subject of the
15 release or threatened release was disposed of on, in or
16 at the facility.
17 (ii) The defendant is a government entity which
18 acquired the facility by escheat, or through any other
19 involuntary transfer or acquisition, or through the
20 exercise of eminent domain authority by purchase or
21 condemnation.
22 (iii) The defendant acquired the facility by
23 inheritance or bequest.
24 In addition to establishing the foregoing, the defendant
25 must establish that he has satisfied the requirements of
26 subparagraph (C) of paragraph (l) of this subsection (j).
27 (B) To establish the defendant had no reason to know, as
28 provided in clause (i) of subparagraph (A) of this paragraph,
29 the defendant must have undertaken, at the time of
30 acquisition, all appropriate inquiry into the previous
31 ownership and uses of the property consistent with good
32 commercial or customary practice in an effort to minimize
33 liability. For purposes of the preceding sentence, the court
34 shall take into account any specialized knowledge or
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1 experience on the part of the defendant, the relationship of
2 the purchase price to the value of the property if
3 uncontaminated, commonly known or reasonably ascertainable
4 information about the property, the obviousness of the
5 presence or likely presence of contamination at the property,
6 and the ability to detect such contamination by appropriate
7 inspection.
8 (C) Nothing in this paragraph (6) or in subparagraph (C)
9 of paragraph (1) of this subsection shall diminish the
10 liability of any previous owner or operator of such facility
11 who would otherwise be liable under this Act. Notwithstanding
12 this paragraph (6), if the defendant obtained actual
13 knowledge of the release or threatened release of a hazardous
14 substance at such facility when the defendant owned the real
15 property and then subsequently transferred ownership of the
16 property to another person without disclosing such knowledge,
17 such defendant shall be treated as liable under subsection
18 (f) of this Section and no defense under subparagraph (C) of
19 paragraph (1) of this subsection shall be available to such
20 defendant.
21 (D) Nothing in this paragraph (6) shall affect the
22 liability under this Act of a defendant who, by any act or
23 omission, caused or contributed to the release or threatened
24 release of a hazardous substance which is the subject of the
25 action relating to the facility.
26 (E) (i) Except as provided in clause (ii) of this
27 subparagraph (E), a defendant who has acquired real property
28 shall have established a rebuttable presumption against all
29 State claims and a conclusive presumption against all private
30 party claims that the defendant has made all appropriate
31 inquiry within the meaning of subdivision (6)(B) of this
32 subsection (j) if the defendant proves that immediately prior
33 to or at the time of the acquisition:
34 (I) the defendant obtained a Phase I Environmental
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1 Audit of the real property that meets or exceeds the
2 requirements of this subparagraph (E), and the Phase I
3 Environmental Audit did not disclose the presence or
4 likely presence of a release or a substantial threat of a
5 release of a hazardous substance or pesticide at, on, to,
6 or from the real property; or
7 (II) the defendant obtained a Phase II
8 Environmental Audit of the real property that meets or
9 exceeds the requirements of this subparagraph (E), and
10 the Phase II Environmental Audit did not disclose the
11 presence or likely presence of a release or a substantial
12 threat of a release of a hazardous substance or pesticide
13 at, on, to, or from the real property.
14 (ii) No presumption shall be created under clause (i) of
15 this subparagraph (E), and a defendant shall be precluded
16 from demonstrating that the defendant has made all
17 appropriate inquiry within the meaning of subdivision (6)(B)
18 of this subsection (j), if:
19 (I) the defendant fails to obtain all Environmental
20 Audits required under this subparagraph (E) or any such
21 Environmental Audit fails to meet or exceed the
22 requirements of this subparagraph (E);
23 (II) a Phase I Environmental Audit discloses the
24 presence or likely presence of a release or a substantial
25 threat of a release of a hazardous substance or pesticide
26 at, on, to, or from real property, and the defendant
27 fails to obtain a Phase II Environmental Audit;
28 (III) a Phase II Environmental Audit discloses the
29 presence or likely presence of a release or a substantial
30 threat of a release of a hazardous substance or pesticide
31 at, on, to, or from the real property;
32 (IV) the defendant fails to maintain a written
33 compilation and explanatory summary report of the
34 information reviewed in the course of each Environmental
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1 Audit under this subparagraph (E); or
2 (V) there is any evidence of fraud, material
3 concealment, or material misrepresentation by the
4 defendant of environmental conditions or of related
5 information discovered during the course of an
6 Environmental Audit.
7 (iii) For purposes of this subparagraph (E), the term
8 "environmental professional" means an individual (other than
9 a practicing attorney) who, through academic training,
10 occupational experience, and reputation (such as engineers,
11 industrial hygienists, or geologists) can objectively conduct
12 one or more aspects of an Environmental Audit and who either:
13 (I) maintains at the time of the Environmental
14 Audit and for at least one year thereafter at least
15 $500,000 of environmental consultants' professional
16 liability insurance coverage issued by an insurance
17 company licensed to do business in Illinois; or
18 (II) is an Illinois licensed professional engineer
19 or an Illinois licensed industrial hygienist.
20 An environmental professional may employ persons who are
21 not environmental professionals to assist in the preparation
22 of an Environmental Audit if such persons are under the
23 direct supervision and control of the environmental
24 professional.
25 (iv) For purposes of this subparagraph (E), the term
26 "real property" means any interest in any parcel of land, and
27 shall not be limited to the definition of the term "real
28 property" contained in the Responsible Property Transfer Act
29 of 1988. For purposes of this subparagraph (E), the term
30 "real property" includes, but is not limited to, buildings,
31 fixtures, and improvements.
32 (v) For purposes of this subparagraph (E), the term
33 "Phase I Environmental Audit" means an investigation of real
34 property, conducted by environmental professionals, to
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1 discover the presence or likely presence of a release or a
2 substantial threat of a release of a hazardous substance or
3 pesticide at, on, to, or from real property, and whether a
4 release or a substantial threat of a release of a hazardous
5 substance or pesticide has occurred or may occur at, on, to,
6 or from the real property. The investigation shall include a
7 review of at least each of the following sources of
8 information concerning the current and previous ownership and
9 use of the real property:
10 (I) Recorded chain of title documents regarding the
11 real property, including all deeds, easements, leases,
12 restrictions, and covenants for a period of 50 years.
13 (II) Aerial photographs that may reflect prior uses
14 of the real property and that are reasonably obtainable
15 through State, federal, or local government agencies or
16 bodies.
17 (III) Recorded environmental cleanup liens, if any,
18 against the real property that have arisen pursuant to
19 this Act or federal statutes.
20 (IV) Reasonably obtainable State, federal, and
21 local government records of sites or facilities at, on,
22 or near the real property to discover the presence or
23 likely presence of a hazardous substance or pesticide,
24 and whether a release or a substantial threat of a
25 release of a hazardous substance or pesticide has
26 occurred or may occur at, on, to, or from the real
27 property. Such government records shall include, but not
28 be limited to: reasonably obtainable State, federal, and
29 local government investigation reports for those sites or
30 facilities; reasonably obtainable State, federal, and
31 local government records of activities likely to cause or
32 contribute to a release or a threatened release of a
33 hazardous substance or pesticide at, on, to, or from the
34 real property, including landfill and other treatment,
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1 storage, and disposal location records, underground
2 storage tank records, hazardous waste transporter and
3 generator records, and spill reporting records; and other
4 reasonably obtainable State, federal, and local
5 government environmental records that report incidents or
6 activities that are likely to cause or contribute to a
7 release or a threatened release of a hazardous substance
8 or pesticide at, on, to, or from the real property. In
9 order to be deemed "reasonably obtainable" as required
10 herein, a copy or reasonable facsimile of the record must
11 be obtainable from the government agency by request and
12 upon payment of a processing fee, if any, established by
13 the government agency. The Agency is authorized to
14 establish a reasonable fee for processing requests
15 received under this subparagraph (E) for records. All
16 fees collected by the Agency under this clause (v)(IV)
17 shall be deposited into the Environmental Protection
18 Permit and Inspection Fund in accordance with Section
19 22.8. Notwithstanding any other law, if the fee is paid,
20 commencing on the effective date of this amendatory Act
21 of 1993 and until one year after the effective date of
22 this amendatory Act of 1993, the Agency shall use its
23 best efforts to process a request received under this
24 subparagraph (E) as expeditiously as possible.
25 Notwithstanding any other law, commencing one year after
26 the effective date of this amendatory Act of 1993, if the
27 fee is paid, the Agency shall process a request received
28 under this subparagraph (E) for records within 30 days of
29 the receipt of such request.
30 (V) A visual site inspection of the real property
31 and all facilities and improvements on the real property
32 and a visual inspection of properties immediately
33 adjacent to the real property, including an investigation
34 of any use, storage, treatment, spills from use, or
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1 disposal of hazardous substances, hazardous wastes, solid
2 wastes, or pesticides. If the person conducting the
3 investigation is denied access to any property adjacent
4 to the real property, the person shall conduct a visual
5 inspection of that adjacent property from the property to
6 which the person does have access and from public
7 rights-of-way.
8 (VI) A review of business records for activities at
9 or on the real property for a period of 50 years.
10 (vi) For purposes of subparagraph (E), the term "Phase
11 II Environmental Audit" means an investigation of real
12 property, conducted by environmental professionals,
13 subsequent to a Phase I Environmental Audit. If the Phase I
14 Environmental Audit discloses the presence or likely presence
15 of a hazardous substance or a pesticide or a release or a
16 substantial threat of a release of a hazardous substance or
17 pesticide:
18 (I) In or to soil, the defendant, as part of the
19 Phase II Environmental Audit, shall perform a series of
20 soil borings sufficient to determine whether there is a
21 presence or likely presence of a hazardous substance or
22 pesticide and whether there is or has been a release or a
23 substantial threat of a release of a hazardous substance
24 or pesticide at, on, to, or from the real property.
25 (II) In or to groundwater, the defendant, as part
26 of the Phase II Environmental Audit, shall: review
27 information regarding local geology, water well
28 locations, and locations of waters of the State as may be
29 obtained from State, federal, and local government
30 records, including but not limited to the United States
31 Geological Service, the State Geological Survey Division
32 of the Department of Natural Resources, and the State
33 Water Survey Division of the Department of Natural
34 Resources; and perform groundwater monitoring sufficient
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1 to determine whether there is a presence or likely
2 presence of a hazardous substance or pesticide, and
3 whether there is or has been a release or a substantial
4 threat of a release of a hazardous substance or pesticide
5 at, on, to, or from the real property.
6 (III) On or to media other than soil or
7 groundwater, the defendant, as part of the Phase II
8 Environmental Audit, shall perform an investigation
9 sufficient to determine whether there is a presence or
10 likely presence of a hazardous substance or pesticide,
11 and whether there is or has been a release or a
12 substantial threat of a release of a hazardous substance
13 or pesticide at, on, to, or from the real property.
14 (vii) The findings of each Environmental Audit prepared
15 under this subparagraph (E) shall be set forth in a written
16 audit report. Each audit report shall contain an affirmation
17 by the defendant and by each environmental professional who
18 prepared the Environmental Audit that the facts stated in the
19 report are true and are made under a penalty of perjury as
20 defined in Section 32-2 of the Criminal Code of 1961. It is
21 perjury for any person to sign an audit report that contains
22 a false material statement that the person does not believe
23 to be true.
24 (viii) The Agency is not required to review, approve, or
25 certify the results of any Environmental Audit. The
26 performance of an Environmental Audit shall in no way entitle
27 a defendant to a presumption of Agency approval or
28 certification of the results of the Environmental Audit.
29 The presence or absence of a disclosure document prepared
30 under the Responsible Property Transfer Act of 1988 shall not
31 be a defense under this Act and shall not satisfy the
32 requirements of subdivision (6)(A) of this subsection (j).
33 (7) No person shall be liable under this Section for
34 response costs or damages as the result of a pesticide
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1 release if the Agency has found that a pesticide release
2 occurred based on a Health Advisory issued by the U.S.
3 Environmental Protection Agency or an action level developed
4 by the Agency, unless the Agency notified the manufacturer of
5 the pesticide and provided an opportunity of not less than 30
6 days for the manufacturer to comment on the technical and
7 scientific justification supporting the Health Advisory or
8 action level.
9 (8) No person shall be liable under this Section for
10 response costs or damages as the result of a pesticide
11 release that occurs in the course of a farm pesticide
12 collection program operated under Section 19.1 of the
13 Illinois Pesticide Act, unless the release results from gross
14 negligence or intentional misconduct.
15 (k) If any person who is liable for a release or
16 substantial threat of release of a hazardous substance or
17 pesticide fails without sufficient cause to provide removal
18 or remedial action upon or in accordance with a notice and
19 request by the Agency or upon or in accordance with any order
20 of the Board or any court, such person may be liable to the
21 State for punitive damages in an amount at least equal to,
22 and not more than 3 times, the amount of any costs incurred
23 by the State of Illinois as a result of such failure to take
24 such removal or remedial action. The punitive damages
25 imposed by the Board shall be in addition to any costs
26 recovered from such person pursuant to this Section and in
27 addition to any other penalty or relief provided by this Act
28 or any other law.
29 Any monies received by the State pursuant to this
30 subsection (k) shall be deposited in the Hazardous Waste
31 Fund.
32 (l) Beginning January 1, 1988, the Agency shall annually
33 collect a $250 fee for each Special Waste Hauling Permit
34 Application and, in addition, shall collect a fee of $20 for
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1 each waste hauling vehicle identified in the annual permit
2 application and for each vehicle which is added to the permit
3 during the annual period. The Agency shall deposit 85% of
4 such fees collected under this subsection in the State
5 Treasury to the credit of the Hazardous Waste Research Fund;
6 and shall deposit the remaining 15% of such fees collected in
7 the State Treasury to the credit of the Environmental
8 Protection Permit and Inspection Fund. The majority of such
9 receipts which are deposited in the Hazardous Waste Research
10 Fund pursuant to this subsection shall be used by the
11 Department of Natural Resources for activities which relate
12 to the protection of underground waters. Persons engaged in
13 the offsite transportation of hazardous waste by highway and
14 participating in the Uniform Program under subsection (l-5)
15 are not required to file a Special Waste Hauling Permit
16 Application.
17 (l-5) (1) As used in this subsection:
18 "Base state" means the state selected by a
19 transporter according to the procedures established under
20 the Uniform Program.
21 "Base state agreement" means an agreement between
22 participating states electing to register or permit
23 transporters.
24 "Participating state" means a state electing to
25 participate in the Uniform Program by entering into a
26 base state agreement.
27 "Transporter" means a person engaged in the offsite
28 transportation of hazardous waste by highway.
29 "Uniform application" means the uniform registration
30 and permit application form prescribed under the Uniform
31 Program.
32 "Uniform Program" means the Uniform State Hazardous
33 Materials Transportation Registration and Permit Program
34 established in the report submitted and amended pursuant
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1 to 49 U.S.C. Section 5119(b), as implemented by the
2 Agency under this subsection.
3 "Vehicle" means any self-propelled motor vehicle,
4 except a truck tractor without a trailer, designed or
5 used for the transportation of hazardous waste subject to
6 the hazardous waste manifesting requirements of 40 U.S.C.
7 Section 6923(a)(3).
8 (2) Beginning July 1, 1998, the Agency shall
9 implement the Uniform State Hazardous Materials
10 Transportation Registration and Permit Program. On and
11 after that date, no person shall engage in the offsite
12 transportation of hazardous waste by highway without
13 registering and obtaining a permit under the Uniform
14 Program. A transporter with its principal place of
15 business in Illinois shall register with and obtain a
16 permit from the Agency. A transporter that designates
17 another participating state in the Uniform Program as its
18 base state shall likewise register with and obtain a
19 permit from that state before transporting hazardous
20 waste in Illinois.
21 (3) Beginning July 1, 1998, the Agency shall
22 annually collect no more than a $250 processing and audit
23 fee from each transporter of hazardous waste who has
24 filed a uniform application and, in addition, the Agency
25 shall annually collect an apportioned vehicle
26 registration fee of $20. The amount of the apportioned
27 vehicle registration fee shall be calculated consistent
28 with the procedures established under the Uniform
29 Program.
30 All moneys received by the Agency from the
31 collection of fees pursuant to the Uniform Program shall
32 be deposited into the Hazardous Waste Transporter account
33 hereby created within the Environmental Protection Permit
34 and Inspection Fund. Moneys remaining in the account at
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1 the close of the fiscal year shall not lapse to the
2 General Revenue Fund. The State Treasurer may receive
3 money or other assets from any source for deposit into
4 the account. The Agency may expend moneys from the
5 account, upon appropriation, for the implementation of
6 the Uniform Program, including the costs to the Agency of
7 fee collection and administration. In addition, funds
8 not expended for the implementation of the Uniform
9 Program may be utilized for emergency response and
10 cleanup activities related to hazardous waste
11 transportation that are initiated by the Agency.
12 Whenever the amount of the Hazardous Waste
13 Transporter account exceeds by 115% the amount annually
14 appropriated by the General Assembly, the Agency shall credit
15 participating transporters an amount, proportionately based
16 on the amount of the vehicle fee paid, equal to the excess in
17 the account, and shall determine the need to reduce the
18 amount of the fee charged transporters in the subsequent
19 fiscal year by the amount of the credit.
20 (4) (A) The Agency may propose and the Board shall
21 adopt rules as necessary to implement and enforce the
22 Uniform Program. The Agency is authorized to enter into
23 agreements with other agencies of this State as necessary
24 to carry out administrative functions or enforcement of
25 the Uniform Program.
26 (B) The Agency shall recognize a Uniform Program
27 registration as valid for one year from the date a notice
28 of registration form is issued and a permit as valid for
29 3 years from the date issued or until a transporter fails
30 to renew its registration, whichever occurs first.
31 (C) The Agency may inspect or examine any motor
32 vehicle or facility operated by a transporter, including
33 papers, books, records, documents, or other materials to
34 determine if a transporter is complying with the Uniform
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1 Program. The Agency may also conduct investigations and
2 audits as necessary to determine if a transporter is
3 entitled to a permit or to make suspension or revocation
4 determinations consistent with the standards of the
5 Uniform Program.
6 (5) The Agency may enter into agreements with
7 federal agencies, national repositories, or other
8 participating states as necessary to allow for the
9 reciprocal registration and permitting of transporters
10 pursuant to the Uniform Program. The agreements may
11 include procedures for determining a base state, the
12 collection and distribution of registration fees, dispute
13 resolution, the exchange of information for reporting and
14 enforcement purposes, and other provisions necessary to
15 fully implement, administer, and enforce the Uniform
16 Program.
17 (m) (Blank).
18 (n) (Blank).
19 (Source: P.A. 89-94, eff. 7-6-95; 89-158, eff. 1-1-96;
20 89-431, eff. 12-15-95; 89-443, eff. 7-1-96; 89-445, eff.
21 2-7-96; 89-626, eff. 8-9-96; 90-14, eff. 7-1-97; 90-219, eff.
22 7-25-97; 90-773, eff. 8-14-98.)
23 (415 ILCS 5/58)
24 Sec. 58. Intent. It is the intent of this Title:
25 (1) To establish a risk-based system of remediation
26 based on protection of human health and the environment
27 relative to present and future uses of the site.
28 (2) To assure that the land use for which remedial
29 action was undertaken will not be modified without
30 consideration of the adequacy of such remedial action for
31 the new land use.
32 (3) To provide incentives to the private sector to
33 undertake remedial action.
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1 (4) To establish expeditious alternatives for the
2 review of site investigation and remedial activities,
3 including a privatized review process.
4 (5) To assure that the resources of the Hazardous
5 Waste Fund are used in a manner that is protective of
6 human health and the environment relative to present and
7 future uses of the site and surrounding area.
8 (6) To provide assistance to units of local
9 government for remediation of properties contaminated or
10 potentially contaminated by commercial, industrial, or
11 other uses, to provide loans for the redevelopment of
12 brownfields, and to establish and provide for the
13 administration of the Brownfields Redevelopment Fund.
14 (Source: P.A. 89-431, eff. 12-15-95; 89-443, eff. 7-1-96;
15 90-123, eff. 7-21-97.)
16 (415 ILCS 5/58.3)
17 Sec. 58.3. Site Investigation and Remedial Activities
18 Program; Brownfields Redevelopment Fund.
19 (a) The General Assembly hereby establishes by this
20 Title a Site Investigation and Remedial Activities Program
21 for sites subject to this Title. This program shall be
22 administered by the Illinois Environmental Protection Agency
23 under this Title XVII and rules adopted by the Illinois
24 Pollution Control Board.
25 (b) (1) The General Assembly hereby creates within the
26 State Treasury a special fund to be known as the
27 Brownfields Redevelopment Fund, consisting of 2 programs
28 to be known as the "Brownfields Redevelopment Grant
29 Program" and the "Brownfields Redevelopment Loan
30 Program", which shall be used and administered by the
31 Agency as provided in Sections Section 58.13 and 58.15 of
32 this Act and the rules adopted under those Sections that
33 Section. The Brownfields Redevelopment Fund ("Fund")
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1 shall contain moneys transferred from the Response
2 Contractors Indemnification Fund and other moneys made
3 available for deposit into the Fund.
4 (2) The State Treasurer, ex officio, shall be the
5 custodian of the Fund, and the Comptroller shall direct
6 payments from the Fund upon vouchers properly certified
7 by the Agency. The Treasurer shall credit to the Fund
8 interest earned on moneys contained in the Fund. The
9 Agency shall have the authority to accept, receive, and
10 administer on behalf of the State any grants, gifts,
11 loans, reimbursements or payments for services, or other
12 moneys made available to the State from any source for
13 purposes of the Fund. Those moneys shall be deposited
14 into the Fund, unless otherwise required by the
15 Environmental Protection Act or by federal law.
16 (3) Pursuant to appropriation, all moneys in the
17 Fund shall be used by the Agency for the purposes set
18 forth in subdivision (b)(4) of this Section and Sections
19 Section 58.13 and 58.15 of this Act and to cover the
20 Agency's costs of program development and administration
21 under those Sections that Section.
22 (4) The Agency shall have the power to enter into
23 intergovernmental agreements with the federal government
24 or the State, or any instrumentality thereof, for
25 purposes of capitalizing the Brownfields Redevelopment
26 Fund. Moneys on deposit in the Brownfields Redevelopment
27 Fund may be used for the creation of reserve funds or
28 pledged funds that secure the obligations of repayment of
29 loans made pursuant to Section 58.15 of this Act. For
30 the purpose of obtaining capital for deposit into the
31 Brownfields Redevelopment Fund, the Agency may also enter
32 into agreements with financial institutions and other
33 persons for the purpose of selling loans and developing a
34 secondary market for such loans. The Agency shall have
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1 the power to create and establish such reserve funds and
2 accounts as may be necessary or desirable to accomplish
3 its purposes under this subsection and to allocate its
4 available moneys into such funds and accounts.
5 Investment earnings on moneys held in the Brownfields
6 Redevelopment Fund, including any reserve fund or pledged
7 fund, shall be deposited into the Brownfields
8 Redevelopment Fund.
9 (Source: P.A. 89-431, eff. 12-15-95; 89-443, eff. 7-1-96;
10 90-123, eff. 7-21-97.)
11 (415 ILCS 5/58.15 new)
12 Sec. 58.15. Brownfields Redevelopment Loan Program.
13 (a) The Agency shall establish and administer a
14 revolving loan program to be known as the "Brownfields
15 Redevelopment Loan Program" for the purpose of providing
16 loans to be used for site investigation, site remediation, or
17 both, at brownfields sites. All principal, interest, and
18 penalty payments from loans made under this Section shall be
19 deposited into the Brownfields Redevelopment Fund and reused
20 in accordance with this Section.
21 (b) General requirements for loans:
22 (1) Loans shall be at or below market interest
23 rates in accordance with a formula set forth in
24 regulations promulgated under subsection (c) of this
25 Section.
26 (2) Loans shall be awarded subject to availability
27 of funding based on the order of receipt of applications
28 satisfying all requirements as set forth in the
29 regulations promulgated under subsection (c) of this
30 Section.
31 (3) The maximum loan amount under this Section for
32 any one project is $1,000,000.
33 (4) In addition to any requirements or conditions
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1 placed on loans by regulation, loan agreements under the
2 Brownfields Redevelopment Loan Program shall include the
3 following requirements:
4 (A) the loan recipient shall secure the loan
5 repayment obligation;
6 (B) completion of the loan repayment shall not
7 exceed 5 years; and
8 (C) loan agreements shall provide for a
9 confession of judgment by the loan recipient upon
10 default.
11 (5) Loans shall not be used to cover expenses
12 incurred prior to the approval of the loan application.
13 (6) If the loan recipient fails to make timely
14 payments or otherwise fails to meet its obligations as
15 provided in this Section or implementing regulations, the
16 Agency is authorized to pursue the collection of the
17 amounts past due, the outstanding loan balance, and the
18 costs thereby incurred, either pursuant to the Illinois
19 State Collection Act of 1986 or by any other means
20 provided by law, including the taking of title, by
21 foreclosure or otherwise, to any project or other
22 property pledged, mortgaged, encumbered, or otherwise
23 available as security or collateral.
24 (c) The Agency shall have the authority to enter into
25 any contracts or agreements that may be necessary to carry
26 out its duties or responsibilities under this Section. The
27 Agency shall have the authority to promulgate regulations
28 setting forth procedures and criteria for administering the
29 Brownfields Redevelopment Loan Program. The regulations
30 promulgated by the Agency for loans under this Section shall
31 include, but need not be limited to, the following elements:
32 (1) loan application requirements;
33 (2) determination of credit worthiness of the loan
34 applicant;
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1 (3) types of security required for the loan;
2 (4) types of collateral, as necessary, that can be
3 pledged for the loan;
4 (5) special loan terms, as necessary, for securing
5 the repayment of the loan;
6 (6) maximum loan amounts;
7 (7) purposes for which loans are available;
8 (8) application periods and content of
9 applications;
10 (9) procedures for Agency review of loan
11 applications, loan approvals or denials, and loan
12 acceptance by the loan recipient;
13 (10) procedures for establishing interest rates;
14 (11) requirements applicable to disbursement of
15 loans to loan recipients;
16 (12) requirements for securing loan repayment
17 obligations;
18 (13) conditions or circumstances constituting
19 default;
20 (14) procedures for repayment of loans and
21 delinquent loans including, but not limited to, the
22 initiation of principal and interest payments following
23 loan acceptance;
24 (15) loan recipient responsibilities for work
25 schedules, work plans, reports, and record keeping;
26 (16) evaluation of loan recipient performance,
27 including auditing and access to sites and records;
28 (17) requirements applicable to contracting and
29 subcontracting by the loan recipient, including
30 procurement requirements;
31 (18) penalties for noncompliance with loan
32 requirements and conditions, including stop-work orders,
33 termination, and recovery of loan funds; and
34 (19) indemnification of the State of Illinois and
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1 the Agency by the loan recipient.
2 (d) Moneys in the Brownfields Redevelopment Fund may be
3 used as a source of revenue or security for the principal and
4 interest on revenue or general obligation bonds issued by the
5 State or any political subdivision or instrumentality
6 thereof, if the proceeds of those bonds will be deposited
7 into the Fund.
8 Section 10. Severability. The provisions of this Act
9 are severable under Section 1.31 of the Statute on Statutes.
10 Section 99. Effective date. This Act takes effect upon
11 becoming law.
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