Illinois General Assembly - Full Text of HB0910
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Full Text of HB0910  93rd General Assembly

HB0910enr 93rd General Assembly


HB0910 Enrolled                      LRB093 05414 AMC 05504 b

 1        AN ACT concerning environmental protection.

 2        Be it enacted by the People of  the  State  of  Illinois,
 3    represented in the General Assembly:

 4        Section  5.   The Environmental Protection Act is amended
 5    by adding Section 22.3a as follows:

 6        (415 ILCS 5/22.3a new)
 7        Sec.  22.3a.  Expedited   review   of   hazardous   waste
 8    corrective action.
 9        (a)  It  is  the  intent  of  this  Section to promote an
10    expedited  RCRA  hazardous  waste  corrective  action  review
11    process.
12        (b)  The owner or operator of a hazardous waste  facility
13    performing corrective action pursuant to the federal Resource
14    Conservation  and  Recovery Act of 1976 or regulations issued
15    thereunder,  or  analogous  State  law  or  regulations,  may
16    request  from  the  Agency  an  expedited  review   of   that
17    corrective  action.   Within  a  reasonable  time, the Agency
18    shall respond in writing, indicating whether the Agency  will
19    perform expedited review.
20        (c)  An  owner  or operator approved by the Agency for an
21    expedited review under this Section shall pay to  the  Agency
22    all  reasonable  costs the Agency incurs in its review of the
23    owner's or operator's corrective action activities (including
24    but not limited to investigations, monitoring, and cleanup of
25    releases  of  hazardous  waste  or  hazardous  constituents).
26    Prior to any Agency review, the owner or operator shall  make
27    an  advance  partial  payment  to  the Agency for anticipated
28    review costs in an amount acceptable to the Agency,  but  not
29    to  exceed  $5,000 or one-half of the total anticipated costs
30    of the Agency, whichever is less.  All amounts  paid  to  the
31    Agency  pursuant  to this Section shall be deposited into the
HB0910 Enrolled            -2-       LRB093 05414 AMC 05504 b
 1    Environmental Protection Permit and Inspection Fund.
 2        (d)  The Agency's expedited  review  under  this  Section
 3    shall  include,  but  need  not  be limited to: review of the
 4    owner's  or  operator's  corrective  action  plans,  reports,
 5    documents,  and  associated  field  activities;  issuance  of
 6    corrective action decision documents; and issuance of letters
 7    certifying the completion of corrective action activities  or
 8    discrete portions thereof.
 9        (e)  The Agency may cease its expedited review under this
10    Section  if  an  owner  or operator fails to pay the Agency's
11    review costs when due.
12        (f)  An owner or operator approved by the Agency  for  an
13    expedited  review under this Section may withdraw its request
14    for an expedited review at any time by providing  the  Agency
15    with written notification of its withdrawal; but the owner or
16    operator  shall  be  responsible  to pay all expedited review
17    costs incurred by the Agency through the date of withdrawal.

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