093_HB0910sam001

 










                                     LRB093 05414 AMC 16141 a

 1                     AMENDMENT TO HOUSE BILL 910

 2        AMENDMENT NO.     .  Amend House Bill  910  by  replacing
 3    everything after the enacting clause with the following:

 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
 
                            -2-      LRB093 05414 AMC 16141 a
 1    owner's or operator's corrective action activities (including
 2    but not limited to investigations, monitoring, and cleanup of
 3    releases  of  hazardous  waste  or  hazardous  constituents).
 4    Prior to any Agency review, the owner or operator shall  make
 5    an  advance  partial  payment  to  the Agency for anticipated
 6    review costs in an amount acceptable to the Agency,  but  not
 7    to  exceed  $5,000 or one-half of the total anticipated costs
 8    of the Agency, whichever is less.  All amounts  paid  to  the
 9    Agency  pursuant  to this Section shall be deposited into the
10    Environmental Protection Permit and Inspection Fund.
11        (d)  The Agency's expedited  review  under  this  Section
12    shall  include,  but  need  not  be limited to: review of the
13    owner's  or  operator's  corrective  action  plans,  reports,
14    documents,  and  associated  field  activities;  issuance  of
15    corrective action decision documents; and issuance of letters
16    certifying the completion of corrective action activities  or
17    discrete portions thereof.
18        (e)  The Agency may cease its expedited review under this
19    Section  if  an  owner  or operator fails to pay the Agency's
20    review costs when due.
21        (f)  An owner or operator approved by the Agency  for  an
22    expedited  review under this Section may withdraw its request
23    for an expedited review at any time by providing  the  Agency
24    with written notification of its withdrawal; but the owner or
25    operator  shall  be  responsible  to pay all expedited review
26    costs incurred by the Agency through the date of withdrawal.

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