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| 1 | AN ACT concerning safety.
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| 2 | Be it enacted by the People of the State of Illinois, | ||||||
| 3 | represented in the General Assembly:
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| 4 | Section 5. The Environmental Protection Act is amended by | ||||||
| 5 | changing Section 57.2 as follows:
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| 6 | (415 ILCS 5/57.2)
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| 7 | Sec. 57.2. Definitions. As used in this Title:
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| 8 | "Audit" means a systematic inspection or examination of | ||||||
| 9 | plans, reports,
records, or documents to determine the | ||||||
| 10 | completeness and accuracy of the data
and
conclusions contained | ||||||
| 11 | therein.
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| 12 | "Bodily injury" means bodily injury, sickness, or disease | ||||||
| 13 | sustained by a
person, including death at any time, resulting | ||||||
| 14 | from a release of petroleum from
an underground storage tank.
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| 15 | "Release" means any spilling, leaking, emitting, | ||||||
| 16 | discharging,
escaping, leaching or disposing of petroleum from | ||||||
| 17 | an underground storage tank
into groundwater, surface water or | ||||||
| 18 | subsurface soils.
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| 19 | "Fill material" means non-native or disturbed materials | ||||||
| 20 | used to bed and
backfill around an underground storage tank.
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| 21 | "Fund" means the Underground Storage Tank Fund.
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| 22 | "Heating Oil" means petroleum that is No. 1, No. 2, No. 4 - | ||||||
| 23 | light, No. 4 -
heavy, No. 5 - light, No. 5 - heavy or No. 6 | ||||||
| 24 | technical grades of fuel oil; and
other residual fuel oils | ||||||
| 25 | including Navy Special Fuel Oil and Bunker C.
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| 26 | "Indemnification" means indemnification of an owner or | ||||||
| 27 | operator for the
amount of any judgment entered against the | ||||||
| 28 | owner or operator in a court of law,
for the amount of any | ||||||
| 29 | final order or determination made against the owner or
operator | ||||||
| 30 | by an agency of State government or any subdivision thereof, or | ||||||
| 31 | for
the amount of any settlement entered into by the owner or | ||||||
| 32 | operator, if the
judgment, order, determination, or settlement | ||||||
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| 1 | arises out of bodily injury or
property damage suffered as a | ||||||
| 2 | result of a release of petroleum from an
underground storage | ||||||
| 3 | tank owned or operated by the owner or operator.
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| 4 | "Corrective action" means activities associated with | ||||||
| 5 | compliance with the
provisions of Sections 57.6 and 57.7 of | ||||||
| 6 | this Title.
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| 7 | "Occurrence" means an accident, including continuous or | ||||||
| 8 | repeated exposure
to conditions, that results in a sudden or | ||||||
| 9 | nonsudden release from an
underground storage tank.
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| 10 | When used in connection with, or when otherwise relating | ||||||
| 11 | to, underground
storage tanks, the terms "facility", "owner", | ||||||
| 12 | "operator", "underground storage
tank", "(UST)", "petroleum" | ||||||
| 13 | and "regulated substance" shall have the meanings
ascribed to | ||||||
| 14 | them in Subtitle I of the Hazardous and Solid Waste Amendments | ||||||
| 15 | of
1984 (P.L. 98-616), of the Resource Conservation and | ||||||
| 16 | Recovery Act of 1976 (P.L.
94-580); provided however that the | ||||||
| 17 | term "underground storage tank" shall also
mean an underground | ||||||
| 18 | storage tank used exclusively to store heating oil for
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| 19 | consumptive use on the premises where stored and which serves | ||||||
| 20 | other than a farm
or residential unit; provided further however | ||||||
| 21 | that the term "owner" shall also mean any person who has | ||||||
| 22 | submitted to the Agency a written election to proceed under | ||||||
| 23 | this Title and has acquired an ownership interest in a site on | ||||||
| 24 | which one or more registered tanks have been removed, but on | ||||||
| 25 | which corrective action has not yet resulted in the issuance of | ||||||
| 26 | a "no further remediation letter" by the Agency pursuant to | ||||||
| 27 | this Title.
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| 28 | "Licensed Professional Engineer" means a person, | ||||||
| 29 | corporation, or
partnership licensed under the laws of the | ||||||
| 30 | State of Illinois to practice
professional engineering.
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| 31 | "Licensed Professional Geologist" means a person licensed | ||||||
| 32 | under the laws of
the State of Illinois to practice as a | ||||||
| 33 | professional geologist.
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| 34 | "Site" means any single location, place, tract of land or | ||||||
| 35 | parcel
of property including contiguous property not separated | ||||||
| 36 | by a public
right-of-way.
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| 1 | "Site investigation" means activities associated with | ||||||
| 2 | compliance with the
provisions of subsection (a) of Section | ||||||
| 3 | 57.7.
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| 4 | "Property damage" means physical injury to, destruction | ||||||
| 5 | of, or contamination
of tangible property, including all | ||||||
| 6 | resulting loss of use of that property; or
loss of use of | ||||||
| 7 | tangible property that is not physically injured, destroyed, or
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| 8 | contaminated, but has been evacuated, withdrawn from use, or | ||||||
| 9 | rendered
inaccessible because of a release of petroleum from an | ||||||
| 10 | underground storage
tank.
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| 11 | "Class I Groundwater" means groundwater that meets the | ||||||
| 12 | Class I: Potable
Resource Groundwater criteria set forth in the | ||||||
| 13 | Board regulations adopted
pursuant to the Illinois Groundwater | ||||||
| 14 | Protection Act.
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| 15 | "Class III Groundwater" means groundwater that meets the | ||||||
| 16 | Class III: Special
Resource Groundwater criteria set forth in | ||||||
| 17 | the Board regulations adopted
pursuant to the Illinois | ||||||
| 18 | Groundwater Protection Act.
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| 19 | (Source: P.A. 92-554, eff. 6-24-02; 92-735, eff. 7-25-02; | ||||||
| 20 | revised 9-9-02.)
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