Public Act 094-0276
 		





SB2040 Enrolled
LRB094 11530 RSP 42497 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 Section 57.10 as follows:
 



    (415 ILCS 5/57.10)



    Sec. 57.10. Professional Engineer or Professional 
Geologist
certification; presumptions against liability.

    (a) Within 120 days of the Agency's receipt of a
corrective 
action completion report, the Agency
shall issue to the owner 
or operator a "no further remediation letter" unless
the Agency 
has requested a modification, issued a rejection under

subsection (d) of this Section, or the report has been rejected 
by operation
of law. 

    (b) By certifying such a statement, a Licensed Professional 
Engineer or
Licensed Professional Geologist shall in no way be 
liable thereon, unless
the engineer or geologist gave such 
certification despite his or her actual
knowledge that the 
performed measures were not in compliance with applicable

statutory or regulatory requirements or any plan submitted to 
the Agency.

    (c) The Agency's issuance of a no further remediation 
letter shall signify,
based on the certification of the 
Licensed Professional Engineer, that:


        (1) all statutory and regulatory corrective action 
    requirements
applicable to the occurrence have been 
    complied with;


        (2) all corrective action concerning the remediation 
    of the
occurrence
has been completed; and


        (3) no further corrective action concerning the 
    occurrence
is
necessary for the protection of human health, 
    safety and the environment.
This subsection (c) does not apply to off-site contamination 
related to the occurrence that has not been remediated due to 
denial of access to the off-site property.


    (d) The no further remediation letter issued under this

Section
shall apply in favor of the following
parties:


        (1) The owner or operator to whom the letter was 
    issued.


        (2) Any parent corporation or subsidiary of such owner 
    or
operator.


        (3) Any co-owner or co-operator, either by joint 
    tenancy,
right-of-survivorship, or any other party sharing 
    a legal relationship with
the owner or operator to whom the 
    letter is issued.


        (4) Any holder of a beneficial interest of a land trust 
    or
inter
vivos trust whether revocable or irrevocable.


        (5) Any mortgagee or trustee of a deed of trust of such

    owner or
operator.


        (6) Any successor-in-interest of such owner or 
    operator.


        (7) Any transferee of such owner or operator whether 
    the
transfer
was by sale, bankruptcy proceeding, 
    partition, dissolution of marriage,
settlement or

    adjudication of any civil action, charitable gift, or 
    bequest.


        (8) Any heir or devisee or such owner or operator.
        (9) An owner of a parcel of real property to the extent 
    that the no further remediation letter under subsection (c) 
    of this Section applies to the occurrence on that parcel.


    (e) If the Agency notifies the owner or operator that the 
"no
further
remediation" letter has been rejected, the grounds 
for such rejection shall be
described in the notice.  Such a 
decision shall be a final determination which
may be appealed 
by the owner or operator.

    (f) The Board shall adopt rules setting forth the criteria 
under which the
Agency may require an owner or operator to 
conduct further investigation or
remediation related to a 
release for which a no further remediation letter
has been 
issued.

    (g) Holders of security interests in sites subject to the 
requirements of
this Title XVI shall be entitled to the same 
protections and subject to the
same responsibilities provided 
under general regulations promulgated under
Subtitle I of the 
Hazardous and Solid Waste Amendments of 1984 (P.L. 98-616)
of 
the Resource Conservation and Recovery Act of 1976 (P.L. 
94-580).

(Source: P.A. 92-554, eff. 6-24-02; 92-735, eff. 7-25-02; 
revised 9-25-03.)