HB5960ham002 93RD GENERAL ASSEMBLY

Rep. Joe Dunn

Filed: 4/21/2004

09300HB5960ham002 LRB093 19279 RAS 49895 a

AMENDMENT TO HOUSE BILL 5960

AMENDMENT NO. ______. Amend House Bill 5960 by replacing everything after the enacting clause with the following:

"Section 5. The Environmental Protection Act is amended by changing Section 25b-2 and by adding Sections 25d-1, 25d-2, 25d-3, 25d-4, and 25d-5 as follows:

(415 ILCS 5/25b-2) (from Ch. 111 1/2, par. 1025b-2)

Sec. 25b-2. (a) Facilities which are required to file toxic chemical release forms with the State pursuant to Section 313 of the federal Emergency Planning and Community Right-to-Know Act of 1986 shall file such forms with the Illinois Environmental Protection Agency.

(b) Beginning October 1, 2004, the Agency shall make available, through its website, a link to the United States Environmental Protection Agency's searchable data bases identifying listed locations where the presence of hazardous substances have been identified pursuant to the federal Comprehensive Environmental Response Compensation and Liability Act (CERCLA) either in the CERCLA Information System list or the National Contingency Plan list, pursuant to 40 CFR Part 300. Furthermore, the The Agency shall make toxic chemical release forms available to the public for inspection and copying during regular business hours and, upon written request, shall send copies of such forms by mail to any resident of the State.

(Source: P.A. 85-927.)

(415 ILCS 5/25d-1 new)

Sec. 25d-1. Notification of violations of the Act. Whenever the Agency issues a notice pursuant to Section 31 of this Act and, as a result of any spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, leaching, dumping, or disposing into the environment of any of the items listed in item (2)(A) of this Section, subsequently initiates an enforcement action or enters into a Compliance Commitment Agreement, as defined by Title VII of this Act, the Agency shall determine whether the violation may pose an imminent or substantial endangerment to human health or the environment and if so, shall give notice to all households and businesses within 2,500 feet of the site subject to the enforcement action or a Compliance Commitment Agreement. Notice shall occur within 60 days after the date that the Agency initiates an enforcement action or enters into a Compliance Commitment Agreement. Notice shall be given, at a minimum, by direct mailing to households and businesses. The Agency shall obtain addresses from the affected county government. The notice shall contain, at a minimum, the following information:

(1) The address and physical description of the site or sites subject to the enforcement action or Compliance Commitment Agreement; and

(2) A brief description of the events alleged to have occurred that led to an enforcement action or entering into a Compliance Commitment Agreement, including, but not limited to:

(A) the presence of any waste, special waste, potentially infectious medical waste, pollution control waste, industrial process waste, hazardous waste, hazardous substance, or contaminant; and

(B) whether there was any spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, leaching, dumping, or disposing any of the items listed in item (A) above into or onto the land, water, or air; and

(3) The case number of the enforcement action.

(415 ILCS 5/25d-2 new)

Sec. 25d-2. Notification of remedial actions. Whenever the Agency first becomes aware of a site or sites undergoing remedial action, as defined by to Title XVII of this Act, the Agency shall determine whether the situation may pose an imminent or substantial endangerment to human health or the environment and if so, shall give notice to all households and businesses within 2,500 feet of the site subject to the remedial action. Notice must occur within 60 days after the date that the Agency first becomes aware of a site or sites undergoing remedial action, as defined by Title XVII of this Act. Notice shall be given, at a minimum, by direct mailing to households and businesses. The Agency shall obtain addresses from the affected county government. The notice shall contain, at a minimum, the following information:

(1) The address and physical description of the site or sites undergoing remedial action; and

(2) A brief description of the events alleged to have occurred that led to an enforcement action or entering into a Compliance Commitment Agreement, including, but not limited to:

(A) the presence of any waste, special waste, potentially infectious medical waste, pollution control waste, industrial process waste, hazardous waste, hazardous substance, or contaminant; and

(B) whether there was any spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, leaching, dumping, or disposing any of the items listed in item (A) above into or onto the land, water, or air; and

(3) The case number of the remedial action.

(415 ILCS 5/25d-3 new)

Sec. 25d-3. Notification of federal actions. Whenever the Agency becomes aware, pursuant to notification required by the federal Comprehensive Environmental Response Compensation and Liability Act (CERCLA), 42 U.S.C. Sections 9603(a) and 9603(c), pursuant to actions undertaken under CERCLA, 42 U.S.C. Section 9604(a) or listing pursuant to the National Contingency Plan, or pursuant to any action for judicial relief undertaken pursuant to the federal Solid Waste Act, 42 U.S.C. Section 6973 or 6972(a), of the existence of the presence of a contaminant or hazardous substance that may pose an imminent or substantial endangerment to human health or the environment, then the Agency shall give notice to all households and businesses within 2,500 feet of the contamination. Notice shall be given, at a minimum, by direct mailing to households and businesses. The Agency shall obtain addresses from the affected county government. The notice must contain, at a minimum, the following:

(1) The address and physical description of the site or sites undergoing remedial or removal action or for which remedial or removal action is sought;

(2) A brief description of the circumstances alleged to be present that led to the remedial action or listing for enforcement action, including, but not limited to:

(A) the presence of any waste, special waste, potentially infectious medical waste, pollution control waste, industrial process waste, hazardous waste, hazardous substance, or contaminant; and

(B) whether there was any spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, leaching, dumping, or disposing any of the items listed in item (A) above into or onto the land, water, or air; and

(3) Information regarding any potential adverse health effects posed by the contamination.

(415 ILCS 5/25d-4 new)

Sec. 25d-4. Notification of other contamination.

(a) Whenever the Agency has confirmed, through sound scientific methods, the presence of an environmental contaminant that exceeds the applicable federal or State health and safety standards and that may pose an imminent or substantial endangerment to human health or the environment, then the Agency shall give notice to all households and businesses within 2,500 feet of the contamination. Notice shall be given, at a minimum, by direct mailing to households and businesses. The Agency shall obtain addresses from the affected county government. The notice shall contain, at a minimum, the following information:

(1) The address and physical description of the site or sites undergoing remedial action;

(2) A brief description of the events alleged to have occurred that led to the remedial action, including, but not limited to:

(A) the presence of any waste, special waste, potentially infectious medical waste, pollution control waste, industrial process waste, hazardous waste, hazardous substance, or contaminant; and

(B) whether there was any spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, leaching, dumping, or disposing any of the items listed in item (A) above into or onto the land, water, or air; and

(b) Information regarding any potential adverse health effects posed by the contamination.

(c) The requirements of this Section shall not apply in instances where the Agency has already given notice under Sections 25d-1, 25d-2, or 25d-3.

(415 ILCS 5/25d-5 new)

Sec. 25d-5. Liability. The Agency is not liable for the accuracy, availability, or use of the information provided under Sections 25d-1, 25d-2, 25d-3, or 25d-4. However, the Agency shall be liable for willful and wanton misconduct under this Act.

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