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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,
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3 | represented in the General Assembly:
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4 | Section 5. The Environmental Protection Act is amended by | ||||||
5 | changing Sections 25d-1, 25d-2, and 25d-3 as follows: | ||||||
6 | (415 ILCS 5/25d-1) | ||||||
7 | Sec. 25d-1. Definitions. For the purposes of this Title, | ||||||
8 | the terms "community water system", "non-community water | ||||||
9 | system", "potable", "private water system", and "semi-private | ||||||
10 | water system" have the meanings ascribed to them in the | ||||||
11 | Illinois Groundwater Protection Act. For the purposes of this | ||||||
12 | Title, the term "soil gas" means the air existing in void | ||||||
13 | spaces in the soil between the groundwater table and the ground | ||||||
14 | surface.
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15 | (Source: P.A. 94-314, eff. 7-25-05.) | ||||||
16 | (415 ILCS 5/25d-2) | ||||||
17 | Sec. 25d-2. Contaminant evaluation. The Agency shall | ||||||
18 | evaluate releases of contaminants whenever it determines that | ||||||
19 | the extent of soil , soil gas, or groundwater contamination may | ||||||
20 | extend beyond the boundary of the site where the release | ||||||
21 | occurred. The Agency shall take appropriate actions in response | ||||||
22 | to the release, which may include, but shall not be limited to, |
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1 | public notices, investigations, administrative orders under | ||||||
2 | Sections 22.2d or 57.12(d) of this Act, and enforcement | ||||||
3 | referrals. Except as provided in Section 25d-3 of this Act, for | ||||||
4 | releases undergoing investigation or remediation under Agency | ||||||
5 | oversight the Agency may determine that no further action is | ||||||
6 | necessary to comply with this Section.
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7 | (Source: P.A. 94-314, eff. 7-25-05.) | ||||||
8 | (415 ILCS 5/25d-3) | ||||||
9 | Sec. 25d-3. Notices.
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10 | (a) Beginning January 1, 2006, if the Agency determines | ||||||
11 | that: | ||||||
12 | (1) Soil contamination beyond the boundary of the site | ||||||
13 | where the release occurred , soil gas contamination beyond | ||||||
14 | the boundary of the site where the release occurred, or | ||||||
15 | both pose poses a threat of exposure to the public above | ||||||
16 | the appropriate Tier 1 remediation objectives, based on the | ||||||
17 | current use of the off-site property, adopted by the Board | ||||||
18 | under Title XVII of this Act, the Agency shall give notice | ||||||
19 | of the threat to the owner of the contaminated property; or | ||||||
20 | (2) Groundwater contamination poses a threat of | ||||||
21 | exposure to the public above the Class I groundwater | ||||||
22 | quality standards adopted by the Board under this Act and | ||||||
23 | the Groundwater Protection Act, the Agency shall give | ||||||
24 | notice of the threat to the following: | ||||||
25 | (A) for any private, semi-private, or |
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1 | non-community water system, the owners of the | ||||||
2 | properties served by the system; and | ||||||
3 | (B) for any community water system, the owners and | ||||||
4 | operators of the system. | ||||||
5 | The Agency's determination must be based on the credible, | ||||||
6 | scientific information available to it, and the Agency is not | ||||||
7 | required to perform additional investigations or studies | ||||||
8 | beyond those required by applicable federal or State laws. | ||||||
9 | (b) Beginning January 1, 2006, if any of the following | ||||||
10 | actions occur: (i) the Agency refers a matter for enforcement | ||||||
11 | under Section 43(a) of this Act; (ii) the Agency issues a seal | ||||||
12 | order under Section 34 of this Act; or (iii) the Agency, the | ||||||
13 | United States Environmental Protection Agency (USEPA), or a | ||||||
14 | third party under Agency or USEPA oversight performs an | ||||||
15 | immediate removal under the federal Comprehensive | ||||||
16 | Environmental Response, Compensation, and Liability Act, as | ||||||
17 | amended, then, within 60 days after the action, the Agency must | ||||||
18 | give notice of the action to the owners of all property within | ||||||
19 | 2,500 feet of the subject contamination or any closer or | ||||||
20 | farther distance that the Agency deems appropriate under the | ||||||
21 | circumstances. Within 30 days after a request by the Agency, | ||||||
22 | the appropriate officials of the county in which the property | ||||||
23 | is located must provide to the Agency the names and addresses | ||||||
24 | of all property owners to whom the Agency is required to give | ||||||
25 | notice under this subsection (b), these owners being the | ||||||
26 | persons or entities that appear from the authentic tax records |
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1 | of the county.
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2 | (c) The methods by which the Agency gives the notices | ||||||
3 | required under this Section shall be determined in consultation | ||||||
4 | with members of the public and appropriate members of the | ||||||
5 | regulated community and may include, but shall not be limited | ||||||
6 | to, personal notification, public meetings, signs, electronic | ||||||
7 | notification, and print media. For sites at which a responsible | ||||||
8 | party has implemented a community relations plan, the Agency | ||||||
9 | may allow the responsible party to provide Agency-approved | ||||||
10 | notices in lieu of the notices required to be given by the | ||||||
11 | Agency. Notices issued under this Section may contain the | ||||||
12 | following information: | ||||||
13 | (1) the name and address of the site or facility where | ||||||
14 | the release occurred or is suspected to have occurred;
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15 | (2) the identification of the contaminant released or | ||||||
16 | suspected to have been released;
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17 | (3) information as to whether the contaminant was | ||||||
18 | released or suspected to have been released into the air, | ||||||
19 | land, or water;
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20 | (4) a brief description of the potential adverse health | ||||||
21 | effects posed by the contaminant;
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22 | (5) a recommendation that water systems with wells | ||||||
23 | impacted or potentially impacted by the contaminant be | ||||||
24 | appropriately tested; and
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25 | (6) the name, business address, and phone number of | ||||||
26 | persons at the Agency from whom additional information |
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1 | about the release or suspected release can be obtained.
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2 | (d) Any person who is a responsible party with respect to | ||||||
3 | the release or substantial threat of release for which notice | ||||||
4 | is given under this Section is liable for all reasonable costs | ||||||
5 | incurred by the State in giving the notice. All moneys received | ||||||
6 | by the State under this subsection (d) for costs related to | ||||||
7 | releases and substantial threats of releases of hazardous | ||||||
8 | substances, pesticides, and petroleum other than releases and | ||||||
9 | substantial threats of releases of petroleum from underground | ||||||
10 | storage tanks subject to Title XVI of this Act must be | ||||||
11 | deposited in and used for purposes consistent with the | ||||||
12 | Hazardous Waste Fund. All moneys received by the State under | ||||||
13 | this subsection (d) for costs related to releases and | ||||||
14 | substantial threats of releases of petroleum from underground | ||||||
15 | storage tanks subject to Title XVI of this Act must be | ||||||
16 | deposited in and used for purposes consistent with the | ||||||
17 | Underground Storage Tank Fund.
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18 | (Source: P.A. 94-314, eff. 7-25-05; 95-454, eff. 8-27-07.)
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19 | Section 99. Effective date. This Act takes effect upon | ||||||
20 | becoming law.
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