Full Text of HB5960 93rd General Assembly
HB5960ham001 93RD GENERAL ASSEMBLY
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Rep. Joe Dunn
Filed: 3/31/2004
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| AMENDMENT TO HOUSE BILL 5960
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| AMENDMENT NO. ______. Amend House Bill 5960 by replacing | 3 |
| everything after the enacting clause with the following:
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| "Section 5. The Environmental Protection Act is amended by | 5 |
| changing Section 25b-2 and by adding Sections 25d-1, 25d-2, | 6 |
| 25d-3, 25d-4, and 25d-5 as follows:
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| (415 ILCS 5/25b-2) (from Ch. 111 1/2, par. 1025b-2)
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| Sec. 25b-2. (a) Facilities which are required to file toxic | 9 |
| chemical
release forms with the State pursuant to Section 313 | 10 |
| of the federal
Emergency Planning and Community Right-to-Know | 11 |
| Act of 1986 shall file such
forms with the Illinois | 12 |
| Environmental Protection Agency.
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| (b) Beginning October 1, 2004, the Agency shall make | 14 |
| available, through its website, a searchable database of all | 15 |
| toxic chemical release forms it has received pursuant to | 16 |
| Section 313 of the federal Emergency Planning and Community | 17 |
| Right-to-Know Act of 1986 and shall make available, through its | 18 |
| website, the United States Environmental Protection Agency's | 19 |
| searchable data bases identifying listed locations where the | 20 |
| presence of hazardous substances have been identified pursuant | 21 |
| to the federal Comprehensive Environmental Response | 22 |
| Compensation and Liability Act (CERCLA) either in the CERCLA | 23 |
| Information System list or the National Contingency Plan list, | 24 |
| pursuant to 40 CFR Part 300. Furthermore, the
The Agency shall |
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| make toxic chemical release forms available to
the public for | 2 |
| inspection and copying during regular business hours and,
upon | 3 |
| written request, shall send copies of such forms by mail to any
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| resident of the State.
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| (Source: P.A. 85-927.)
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| (415 ILCS 5/25d-1 new) | 7 |
| Sec. 25d-1. Notification of violations of the Act. | 8 |
| (a) Whenever the Agency issues a notice pursuant to Section | 9 |
| 31 of this Act and as a result of any spilling, leaking, | 10 |
| pumping, pouring, emitting, emptying, discharging, injecting, | 11 |
| escaping, leaching, dumping, or disposing into the environment | 12 |
| any of the items listed in item (2)(A) of subsection (b) | 13 |
| subsequently initiates an enforcement action or enters into a | 14 |
| Compliance Commitment Agreement, as defined by Title VII of | 15 |
| this Act, it shall post information regarding the enforcement | 16 |
| action or Compliance Commitment Agreement on its website. | 17 |
| (b) The information shall be posted on the website within | 18 |
| 30 days after when the Agency initiates the enforcement action | 19 |
| or enters into a Compliance Commitment Agreement. The | 20 |
| information shall contain, at a minimum, the following: | 21 |
| (1) The address and physical description of the site or | 22 |
| sites subject to the enforcement action or Compliance | 23 |
| Commitment Agreement; and | 24 |
| (2) A brief description of the events alleged to have | 25 |
| occurred that led to an enforcement action or entering into | 26 |
| a Compliance Commitment Agreement, including, but not | 27 |
| limited to: | 28 |
| (A) the presence of any waste, special waste, | 29 |
| potentially infectious medical waste, pollution | 30 |
| control waste, industrial process waste, hazardous | 31 |
| waste, hazardous substance, or contaminant; and | 32 |
| (B) whether there was any spilling, leaking, | 33 |
| pumping, pouring, emitting, emptying, discharging, |
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| injecting, escaping, leaching, dumping, or disposing | 2 |
| any of the items listed in item (A) above into or onto | 3 |
| the land, water, or air. | 4 |
| (3) The case number of the enforcement action. | 5 |
| (c) Whenever the Agency issues a notice pursuant to Section | 6 |
| 31 of this Act and as a result of any spilling, leaking, | 7 |
| pumping, pouring, emitting, emptying, discharging, injecting, | 8 |
| escaping, leaching, dumping, or disposing into the environment | 9 |
| of any of the items listed in item (2)(A) of subsection (b) | 10 |
| subsequently initiates an enforcement action or enters into a | 11 |
| Compliance Commitment Agreement, as defined by Title VII of | 12 |
| this Act, the Agency shall give notice to all households and | 13 |
| businesses within 2,500 feet of the site subject to the | 14 |
| enforcement action or a Compliance Commitment Agreement. | 15 |
| Notice shall occur within 60 days after the date that the | 16 |
| Agency initiates an enforcement action or enters into a | 17 |
| Compliance Commitment Agreement. Notice shall be given, at a | 18 |
| minimum, by direct mailing to households and businesses and by | 19 |
| notice in a local newspaper of general circulation. The notice | 20 |
| shall contain information similar to that called for in | 21 |
| subsection (b) above. The duties of this subsection are in | 22 |
| addition to the duties required by subsection (b). | 23 |
| (415 ILCS 5/25d-2 new) | 24 |
| Sec. 25d-2. Notification of remedial actions. | 25 |
| (a) Whenever the Agency first becomes aware of a site or | 26 |
| sites undergoing remedial action, as defined by Title XVII of | 27 |
| this Act, it shall post information regarding the remedial | 28 |
| action on its website. | 29 |
| (b) The information shall be posted on the website within | 30 |
| 30 days after the date that the Agency first becomes aware of | 31 |
| the remedial action. The information shall contain, at a | 32 |
| minimum, the following: | 33 |
| (1) The address and physical description of the site or |
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| sites undergoing remedial action; | 2 |
| (2) A brief description of the events alleged to have | 3 |
| occurred that led to an enforcement action or entering into | 4 |
| a Compliance Commitment Agreement, including, but not | 5 |
| limited to: | 6 |
| (A) the presence of any waste, special waste, | 7 |
| potentially infectious medical waste, pollution | 8 |
| control waste, industrial process waste, hazardous | 9 |
| waste, hazardous substance, or contaminant; and | 10 |
| (B) whether there was any spilling, leaking, | 11 |
| pumping, pouring, emitting, emptying, discharging, | 12 |
| injecting, escaping, leaching, dumping, or disposing | 13 |
| of any of the items listed in item (A) above into or | 14 |
| onto the land, water, or air; and | 15 |
| (3) The case number of the remedial action. | 16 |
| (c) Whenever the Agency first becomes aware of a site or | 17 |
| sites undergoing remedial action, as defined by to Title XVII | 18 |
| of this Act, the Agency shall give notice to all households and | 19 |
| businesses within 2,500 feet of the site subject to the | 20 |
| remedial action. Notice must occur within 60 days after the | 21 |
| date that the Agency first becomes aware of a site or sites | 22 |
| undergoing remedial action, as defined by Title XVII of this | 23 |
| Act. Notice shall be given, at a minimum, by direct mailing to | 24 |
| households and businesses and by notice in a local newspaper of | 25 |
| general circulation. The notice shall contain information | 26 |
| similar to that called for in subsection (b) above. The duties | 27 |
| of this subsection are in addition to the duties required by | 28 |
| subsection (b) above.
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| (415 ILCS 5/25d-3 new) | 30 |
| Sec. 25d-3. Notification of federal actions. | 31 |
| (a) Whenever the Agency becomes aware, pursuant to | 32 |
| notification required by the federal Comprehensive | 33 |
| Environmental Response Compensation and Liability Act |
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| (CERCLA), 42 U.S.C. §§ 9603(a) and 9603(c), pursuant to actions | 2 |
| undertaken under CERCLA, 42 U.S.C. § 9604(a) or listing | 3 |
| pursuant to the National Contingency Plan, or pursuant to any | 4 |
| action for judicial relief undertaken pursuant to the federal | 5 |
| Solid Waste Act, 42 U.S.C. §§ 6973 or 6972(a), of the existence | 6 |
| of the presence of a contaminant or hazardous substance that | 7 |
| may pose an imminent or substantial endangerment to human | 8 |
| health or the environment, then the Agency shall give notice to | 9 |
| all households and businesses within 2,500 feet of the | 10 |
| contamination. Notice shall be given, at a minimum, by direct | 11 |
| mailing to households and businesses, posting on the Agency's | 12 |
| website, and notice in a local newspaper of general | 13 |
| circulation. | 14 |
| (b) The notice must contain, at a minimum, the following: | 15 |
| (1) The address and physical description of the site or | 16 |
| sites undergoing remedial or removal action or for which | 17 |
| remedial or removal action is sought; | 18 |
| (2) A brief description of the circumstances alleged to | 19 |
| be present that led to the remedial action or listing for | 20 |
| enforcement action, including, but not limited to: | 21 |
| (A) the presence of any waste, special waste, | 22 |
| potentially infectious medical waste, pollution | 23 |
| control waste, industrial process waste, hazardous | 24 |
| waste, hazardous substance, or contaminant; and | 25 |
| (B) whether there was any spilling, leaking, | 26 |
| pumping, pouring, emitting, emptying, discharging, | 27 |
| injecting, escaping, leaching, dumping, or disposing | 28 |
| any of the items listed in item (A) above into or onto | 29 |
| the land, water, or air; and | 30 |
| (3) Information regarding any potential adverse health | 31 |
| effects posed by the contamination.
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| (415 ILCS 5/25d-4 new) | 33 |
| Sec. 25d-4. Notification of other contamination. |
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| (a) Whenever the Agency has confirmed, through sound | 2 |
| scientific methods, the presence of an environmental | 3 |
| contaminant that exceeds the applicable federal or State health | 4 |
| and safety standards and that may pose an imminent or | 5 |
| substantial endangerment to human health or the environment, | 6 |
| then the Agency shall give notice to all households and | 7 |
| businesses within 2,500 feet of the contamination. Notice shall | 8 |
| be given, at a minimum, by direct mailing to households and | 9 |
| businesses, posting on the Agency's website, and notice in a | 10 |
| local newspaper of general circulation. | 11 |
| (b) The notice shall contain, at a minimum, the following: | 12 |
| (1) The address and physical description of the site or | 13 |
| sites undergoing remedial action; | 14 |
| (2) A brief description of the events alleged to have | 15 |
| occurred that led to the remedial action, including, but | 16 |
| not limited to: | 17 |
| (A) the presence of any waste, special waste, | 18 |
| potentially infectious medical waste, pollution | 19 |
| control waste, industrial process waste, hazardous | 20 |
| waste, hazardous substance, or contaminant; and | 21 |
| (B) whether there was any spilling, leaking, | 22 |
| pumping, pouring, emitting, emptying, discharging, | 23 |
| injecting, escaping, leaching, dumping, or disposing | 24 |
| any of the items listed in item (A) above into or onto | 25 |
| the land, water, or air; and | 26 |
| (c) Information regarding any potential adverse health | 27 |
| effects posed by the contamination. | 28 |
| (d) The requirements of this Section shall not apply in | 29 |
| instances where the Agency has already given notice under | 30 |
| Sections 25d-1, 25d-2, or 25d-3.
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| (415 ILCS 5/25d-5 new) | 32 |
| Sec. 25d-5. Liability. The Agency is not liable for the | 33 |
| accuracy, availability, or use of the information provided |
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| under Sections 25d-1, 25d-2, 25d-3, or 25d-4.
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| Section 99. Effective date. This Act takes effect upon | 3 |
| becoming law.".
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