Full Text of HB0667 94th General Assembly
HB0667ham003 94TH GENERAL ASSEMBLY
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Rep. John A. Fritchey
Filed: 04/12/05
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LRB094 04118 RSP 44746 a |
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| AMENDMENT TO HOUSE BILL 667
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| AMENDMENT NO. ______. Amend House Bill 667, AS AMENDED, by | 3 |
| replacing the title with the following: | 4 |
| "AN ACT concerning safety, which may be known as the Toxic | 5 |
| Chemical Disclosure Act."; and | 6 |
| by replacing everything after the enacting clause with the | 7 |
| following:
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| "Section 5. The Environmental Protection Act is amended by | 9 |
| changing Section 58.8 and by adding Section 22.50 and Title | 10 |
| VI-D as follows: | 11 |
| (415 ILCS 5/22.50 new)
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| Sec. 22.50. Compliance with land use limitations. No | 13 |
| person shall use, or cause or allow the use of, any site for | 14 |
| which a land use limitation has been imposed under this Act in | 15 |
| a manner inconsistent with the land use limitation unless | 16 |
| further investigation or remedial action has been conducted | 17 |
| that documents the attainment of remedial objectives | 18 |
| appropriate for the new land use and a new closure letter has | 19 |
| been obtained from the Agency and recorded in the chain of | 20 |
| title for the site. For the purpose of this Section, the term | 21 |
| "land use limitation" shall include, but shall not be limited | 22 |
| to, institutional controls and engineered barriers imposed | 23 |
| under this Act and the regulations adopted under this Act. For |
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| the purposes of this Section, the term "closure letter" shall | 2 |
| include, but shall not be limited to, No Further Remediation | 3 |
| Letters issued under Titles XVI and XVII of this Act and the | 4 |
| regulations adopted under those Titles.
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| (415 ILCS 5/Title VI-D heading new)
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| TITLE VI-D. RIGHT-TO-KNOW | 7 |
| (415 ILCS 5/25d-1 new) | 8 |
| Sec. 25d-1. Definitions. For the purposes of this Title, | 9 |
| the terms "community water system", "non-community water | 10 |
| system", "potable", "private water system", and "semi-private | 11 |
| water system" have the meanings ascribed to them in the | 12 |
| Illinois Groundwater Protection Act. | 13 |
| (415 ILCS 5/25d-2 new) | 14 |
| Sec. 25d-2. Contaminant evaluation committee. Beginning | 15 |
| January 1, 2006, the Agency shall establish, internally within | 16 |
| the Agency, a contaminant evaluation committee to evaluate | 17 |
| releases of contaminants. The committee shall perform this | 18 |
| evaluation whenever the Agency reasonably believes or confirms | 19 |
| that the actual or modeled extent of soil or groundwater | 20 |
| contamination extends beyond the boundary of the site where the | 21 |
| release occurred. The committee shall recommend appropriate | 22 |
| Agency actions in response to the release, which may include, | 23 |
| but shall not be limited to, public notices, investigations, | 24 |
| administrative orders, and enforcement referrals. | 25 |
| (415 ILCS 5/25d-3 new) | 26 |
| Sec. 25d-3. Committee action.
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| (a) Beginning January 1, 2006, if the committee established | 28 |
| under Section 25d-2 of this Title determines that: | 29 |
| (1) Soil contamination poses a threat of exposure to | 30 |
| the public above the Tier 1 residential remediation |
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| objectives adopted by the Board under Title XVII of this | 2 |
| Act, the Agency shall give notice of the threat to the | 3 |
| owner of the contaminated property and the Agency may | 4 |
| require the owner of the contaminated property to post a | 5 |
| sign acceptable to the Agency in a conspicuous place on the | 6 |
| property notifying the public of the contamination on the | 7 |
| property; or | 8 |
| (2) Groundwater contamination poses a threat of | 9 |
| exposure to the public above the Class I groundwater | 10 |
| quality standards adopted by the Board under this Act and | 11 |
| the Groundwater Protection Act, the Agency shall give | 12 |
| notice of the threat to the following: | 13 |
| (A) for any private, semi-private, or non-community | 14 |
| water system, the owners of the properties served by | 15 |
| the system; and | 16 |
| (B) for any community water system, the owners and | 17 |
| operators of the system. | 18 |
| The committee's determination must be based on the credible, | 19 |
| scientific information available to it, and the Agency is not | 20 |
| required to perform additional investigations or studies | 21 |
| beyond those required by applicable federal or State laws. | 22 |
| (b) Beginning January 1, 2006, if any of the following | 23 |
| actions occur: (i) the Agency refers a matter for enforcement | 24 |
| under Section 43(a) of this Act; (ii) the Agency issues a seal | 25 |
| order under Section 34(a) of this Act; or (iii) the Agency, the | 26 |
| United States Environmental Protection Agency (USEPA), or a | 27 |
| third party under Agency or USEPA oversight performs an | 28 |
| immediate removal under the federal Comprehensive | 29 |
| Environmental Response, Compensation, and Liability Act, as | 30 |
| amended, then, within 60 days after the action, the Agency must | 31 |
| give notice of the action to the owners of all property within | 32 |
| 2,500 feet of the subject contamination or such other closer or | 33 |
| further distance that the Agency deems appropriate under the | 34 |
| circumstances. Within 30 days after a request by the Agency, |
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| the appropriate officials of the county in which the property | 2 |
| is located must provide to the Agency the names and addresses | 3 |
| of all property owners to whom the Agency is required to give | 4 |
| notice under this subsection (b), these owners being the | 5 |
| persons or entities that appear from the authentic tax records | 6 |
| of the county.
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| (c) Notices required under this Section must be given in | 8 |
| accordance with the methods recommended by the Right-to-Know | 9 |
| Committee under Section 25d-5 of this Title. The notices must | 10 |
| contain, at a minimum, the following information: | 11 |
| (1) the name and address of the site or facility where | 12 |
| the release occurred or is suspected to have occurred;
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| (2) the identification of the contaminant released or | 14 |
| suspected to have been released;
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| (3) information as to whether the contaminant was | 16 |
| released or suspected to have been released into the air, | 17 |
| land, or water;
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| (4) a brief description of the potential adverse health | 19 |
| effects posed by the contaminant;
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| (5) a recommendation that water systems with wells | 21 |
| impacted or potentially impacted by the contaminant be | 22 |
| appropriately tested; and
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| (6) the name, business address, and phone number of | 24 |
| persons at the Agency from whom additional information | 25 |
| about the release or suspected release can be obtained.
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| (d) Any person who is a responsible party with respect to | 27 |
| the release or substantial threat of release for which notice | 28 |
| is given under this Section is liable for all reasonable costs | 29 |
| incurred by the State in giving the notice and all costs | 30 |
| incurred by the State for community relations activities | 31 |
| related to the notice. All moneys received by the State under | 32 |
| this subsection (d) must be deposited in and used for purposes | 33 |
| consistent with the Hazardous Waste Fund.
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| (415 ILCS 5/25d-4 new) | 2 |
| Sec. 25d-4. Agency authority. Whenever the Agency becomes | 3 |
| obligated to give notice pursuant to 25d-3 of this Title, the | 4 |
| Agency has the authority to issue an order to the owner or | 5 |
| operator of the site or facility where the release occurred or | 6 |
| is suspected to have occurred that requires the owner or | 7 |
| operator to provide the Agency with the information necessary | 8 |
| for the notice. In the case of a release or suspected release | 9 |
| from an underground storage tank subject to Title XVI of this | 10 |
| Act, the Agency has the authority to issue such an order to the | 11 |
| owner or operator of the underground storage tank. Any person | 12 |
| who, without sufficient cause, willfully violates, or fails or | 13 |
| refuses to comply with, any order issued under this Section is | 14 |
| in violation of this Act. | 15 |
| (415 ILCS 5/25d-5 new) | 16 |
| Sec. 25d-5. Right-to-Know Committee. Beginning January 1, | 17 |
| 2006, the Agency shall establish a committee known as the | 18 |
| Right-to-Know Committee. The Right-to-Know Committee shall be | 19 |
| composed of the following persons and shall be chaired by the | 20 |
| Director or the Director's designee: representatives of the | 21 |
| Agency, representatives of the Illinois Department of Public | 22 |
| Health, representatives of the Interagency Coordinating | 23 |
| Committee on Groundwater established in the Groundwater | 24 |
| Protection Act, representatives of the Groundwater Advisory | 25 |
| Council established in the Groundwater Protection Act, | 26 |
| representatives of priority groundwater protection regional | 27 |
| planning committees established under Section 17.2 of this Act, | 28 |
| and up to 3 individuals appointed by the Director who are | 29 |
| owners of properties served by private, semi-private, or | 30 |
| non-community drinking water systems that have been impacted by | 31 |
| a release of a contaminant. The Right-to-Know Committee, in | 32 |
| consultation with the Agency, shall evaluate and recommend | 33 |
| appropriate and effective methods of providing the notices |
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| required under Section 25d-3 of this Title. The methods of | 2 |
| notification evaluated by the Right-to-Know Committee shall | 3 |
| include, but shall not be limited to, the following: | 4 |
| (a) personal notification;
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| (b) public meetings;
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| (c) signs;
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| (d) electronic notification; and
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| (e) print media.
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| (415 ILCS 5/25d-6 new) | 10 |
| Sec. 25d-6. Notification. Beginning July 1, 2006, the | 11 |
| Agency shall make all of the following information available on | 12 |
| the Internet: | 13 |
| (i) Copies of all notifications given under Section | 14 |
| 25d-3 of this Section. The copies must be indexed and the | 15 |
| index shall, at a minimum, be searchable by notification | 16 |
| date, zip code, site or facility name, and geographic | 17 |
| location.
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| (ii) Appropriate Agency databases containing | 19 |
| information about releases or suspected releases of | 20 |
| contaminants in the State. The databases must, at a | 21 |
| minimum, be searchable by notification date, zip code, site | 22 |
| or facility name, and geographic location. | 23 |
| (iii) Links to appropriate USEPA databases containing | 24 |
| information about releases or suspected releases of | 25 |
| contaminants in the State.
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| (415 ILCS 5/25d-7 new) | 27 |
| Sec. 25d-7. Agency coordination. Beginning January 1, | 28 |
| 2006, the Agency shall coordinate with the Department of Public | 29 |
| Health to provide training to regional and local health | 30 |
| department staff on the use of the information posted on the | 31 |
| Internet under Section 25d-6 of this Title. Also beginning | 32 |
| January 1, 2006, the Agency shall coordinate with the |
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| Department of Public Health to provide training to licensed | 2 |
| water well drillers on the use of the information posted on the | 3 |
| Internet under Section 25d-6 of this Title in relation to the | 4 |
| location and installation of new wells serving private, | 5 |
| semi-private, and non-community water systems. | 6 |
| (415 ILCS 5/25d-8 new) | 7 |
| Sec. 25d-8. Amendment. Within 180 days after the effective | 8 |
| date of this amendatory Act of the 94th General Assembly, the | 9 |
| Agency shall evaluate the Board's rules and propose amendments | 10 |
| to the rules as necessary to require potable water supply well | 11 |
| surveys and community relations activities where such surveys | 12 |
| and activities are appropriate in response to releases of | 13 |
| contaminants that have impacted or that have a reasonable | 14 |
| likelihood of impacting offsite potable water supply wells. | 15 |
| Within 240 days after receiving the Agency's proposal, the | 16 |
| Board shall amend its rules as necessary to require potable | 17 |
| water supply well surveys and community relations activities | 18 |
| where such surveys and activities are appropriate in response | 19 |
| to releases of contaminants that have impacted or that have a | 20 |
| reasonable likelihood of impacting offsite potable water | 21 |
| supply wells. Community relations activities required by the | 22 |
| Board shall include, but shall not be limited to, submitting a | 23 |
| community relations plan for Agency approval, maintaining a | 24 |
| public information repository that contains timely information | 25 |
| about the actions being taken in response to a release, and | 26 |
| maintaining dialogue with the community through means such as | 27 |
| public meetings, fact sheets, and community advisory groups. | 28 |
| (415 ILCS 5/25d-9 new) | 29 |
| Sec. 25d-9. Liability. Except for willful and wanton | 30 |
| misconduct, neither the State, the Director, nor any State | 31 |
| employee shall be liable for any damages or injuries arising | 32 |
| out of or resulting from any act or omission occurring under |
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| this amendatory Act of the 94th General Assembly. | 2 |
| (415 ILCS 5/25d-10 new) | 3 |
| Sec. 25d-10. Admissibility. The Agency's giving of notice | 4 |
| or failure to give notice under Section 25d-3 of this Title | 5 |
| shall not be admissible for any purpose in any administrative | 6 |
| or judicial proceeding.
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| (415 ILCS 5/58.8)
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| Sec. 58.8. Duty to record.
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| (a) The RA receiving a No Further Remediation Letter from | 10 |
| the Agency
pursuant to Section 58.10, shall submit the letter | 11 |
| to the Office of the
Recorder or the Registrar of Titles of the | 12 |
| county in which the site is located
within 45 days of receipt | 13 |
| of the letter. The Office of the Recorder or
the Registrar of | 14 |
| Titles shall accept and record that letter in accordance with
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| Illinois law so that it forms a permanent part of the chain of | 16 |
| title for the
site.
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| (b) A No Further Remediation Letter shall not become | 18 |
| effective until
officially recorded in accordance with | 19 |
| subsection (a) of this Section.
The RA shall obtain and submit | 20 |
| to the Agency a certified copy of the
No Further Remediation | 21 |
| Letter as recorded.
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| (c)
(Blank).
At no time shall any site for which a land use | 23 |
| limitation has been
imposed as a result of remediation | 24 |
| activities under this Title be used in a
manner inconsistent | 25 |
| with the land use limitation unless further investigation
or | 26 |
| remedial action has been conducted that documents the | 27 |
| attainment of
objectives appropriate for the new land use and a | 28 |
| new No Further
Remediation Letter obtained and recorded in | 29 |
| accordance with this Title.
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| (d) In the event that a No Further Remediation Letter | 31 |
| issues by operation of
law pursuant to Section 58.10, the RA | 32 |
| may, for purposes of this Section, file
an affidavit stating |
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| that the letter issued by operation of law. Upon receipt
of the | 2 |
| No Further Remediation Letter from the Agency, the RA shall | 3 |
| comply with
the requirements of subsections (a) and (b) of this | 4 |
| Section.
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| (Source: P.A. 92-574, eff. 6-26-02.)
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| Section 10. The Illinois Groundwater Protection Act is | 7 |
| amended by changing Section 4 as follows:
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| (415 ILCS 55/4) (from Ch. 111 1/2, par. 7454)
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| Sec. 4. (a) There shall be established within State | 10 |
| government an
interagency committee
which shall be known as the | 11 |
| Interagency Coordinating Committee on
Groundwater. The | 12 |
| Committee shall be composed of the Director, or his
designee, | 13 |
| of the following agencies:
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| (1) The Illinois Environmental Protection Agency, who | 15 |
| shall chair the
Committee.
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| (2) The Illinois Department of Natural Resources.
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| (3) The Illinois Department of Public Health.
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| (4) The Office of Mines and Minerals within
the | 19 |
| Department of Natural Resources.
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| (5) The Office of the State Fire Marshal.
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| (6) The Division of Water Resources of the Department | 22 |
| of
Natural Resources.
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| (7) The Illinois Department of Agriculture.
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| (8) The Illinois Emergency Management Agency.
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| (9) The Illinois Department of Nuclear Safety.
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| (10) The Illinois Department of Commerce and Economic | 27 |
| Opportunity
Community Affairs .
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| (b) The Committee shall meet not less than
twice each | 29 |
| calendar year and shall:
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| (1) Review and coordinate the State's policy on | 31 |
| groundwater protection.
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| (2) Review and evaluate State laws, regulations and |
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| procedures that
relate to groundwater protection.
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| (3) Review and evaluate the status of the State's | 3 |
| efforts to improve
the quality of the groundwater and of | 4 |
| the State enforcement efforts for
protection of the | 5 |
| groundwater and make recommendations on improving the
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| State efforts to protect the groundwater.
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| (4) Recommend procedures for better coordination among | 8 |
| State
groundwater programs and with local programs related | 9 |
| to groundwater protection.
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| (5) Review and recommend procedures to coordinate the | 11 |
| State's response
to specific incidents of groundwater | 12 |
| pollution and coordinate dissemination
of information | 13 |
| between agencies responsible for the State's response.
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| (6) Make recommendations for and prioritize the | 15 |
| State's groundwater
research needs.
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| (7) Review, coordinate and evaluate groundwater data | 17 |
| collection and
analysis.
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| (8) Beginning on January 1, 1990, report biennially to | 19 |
| the Governor
and the General Assembly on groundwater
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| quality, quantity, and the State's enforcement efforts. | 21 |
| Beginning January 1, 2006, the Committee's biennial report | 22 |
| shall also include, with input from the Groundwater | 23 |
| Advisory Council established under Section 5 of this Act, | 24 |
| the priority groundwater protection regional planning | 25 |
| committees established pursuant to Section 17.2 of the | 26 |
| Environmental Protection Act, and the Right-to-Know | 27 |
| Committee established pursuant to Section 25d-5 of the | 28 |
| Environmental Protection Act, information on the | 29 |
| implementation of this amendatory Act of the 94th General | 30 |
| Assembly.
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| (c) The Chairman of the Committee shall propose a | 32 |
| groundwater protection
regulatory agenda for consideration by | 33 |
| the Committee and the Council. The
principal purpose of the | 34 |
| agenda shall be to systematically consider the
groundwater |
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| protection aspects of relevant federal and State regulatory
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| programs and to identify any areas where improvements may be | 3 |
| warranted. To
the extent feasible, the agenda may also serve to | 4 |
| facilitate a more
uniform and coordinated approach toward | 5 |
| protection of groundwaters in
Illinois. Upon adoption of the | 6 |
| final agenda by the Committee, the Chairman
of the Committee | 7 |
| shall assign a lead agency and any support agencies to
prepare | 8 |
| a regulatory assessment report for each item on the agenda. | 9 |
| Each
regulatory assessment report shall specify the nature of | 10 |
| the
groundwater protection
provisions being implemented and | 11 |
| shall evaluate the results achieved
therefrom. Special | 12 |
| attention shall be given to any preventive measures
being | 13 |
| utilized for protection of groundwaters. The reports shall be
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| completed in a timely manner. After review and consideration by | 15 |
| the
Committee, the reports shall become the basis for | 16 |
| recommending further
legislative or regulatory action.
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| (d) No later than January 1, 1992, the Interagency | 18 |
| Coordinating
Committee on Groundwater shall provide a | 19 |
| comprehensive status report to
the Governor and the General | 20 |
| Assembly concerning implementation of this Act.
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| (e) The Committee shall consider findings and | 22 |
| recommendations that are
provided by the Council, and
respond | 23 |
| in writing regarding such matters. The Chairman of the | 24 |
| Committee
shall designate a liaison person to serve as a | 25 |
| facilitator of
communications with the Council.
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| (Source: P.A. 89-445, eff. 2-7-96; revised 12-6-03.)
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| Section 99. Effective date. This Act takes effect upon | 28 |
| becoming law.".
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