Full Text of SB0241 94th General Assembly
SB0241sam002 94TH GENERAL ASSEMBLY
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Sen. John J. Cullerton
Filed: 2/28/2005
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| AMENDMENT TO SENATE BILL 241
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| AMENDMENT NO. ______. Amend Senate Bill 241 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 58.8, and by adding Sections 22.2d, 22.50, and | 6 |
| Title VI-D as follows: | 7 |
| (415 ILCS 5/22.2d new) | 8 |
| Sec. 22.2d. Authority of Director to issue orders.
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| (a) The purpose of this Section is to allow the Director to | 10 |
| quickly and effectively respond to imminent and substantial | 11 |
| endangerment to the public health or welfare or the environment | 12 |
| as a result of a release or substantial threat of a release of | 13 |
| a hazardous substance, pesticide, or petroleum by authorizing | 14 |
| the Director to issue orders requiring appropriate response | 15 |
| actions and by delaying the review of those orders until after | 16 |
| the response actions have been completed. This Section is also | 17 |
| intended to allow persons subject to such orders to recover the | 18 |
| costs of complying with the orders if they are not a | 19 |
| responsible party with respect to the release or threat of a | 20 |
| release or if the Director's decision in selecting the ordered | 21 |
| response action was arbitrary and capricious or was otherwise | 22 |
| not in accordance with law. | 23 |
| The intent of this Section is to provide the Director with | 24 |
| order authority analogous to the order authority under Section |
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| 106(a) of the Comprehensive Environmental Response, | 2 |
| Compensation, and Liability Act of 1980 (P.L. 96-510), as | 3 |
| amended ("CERCLA"), to allow reimbursement of response costs | 4 |
| analogous to the reimbursement of response costs allowed under | 5 |
| Section 106(b) of CERCLA, and to limit the review of orders | 6 |
| issued under this Section to the same extent that the review of | 7 |
| orders issued under Section 106 of CERCLA are limited by | 8 |
| Section 113(h) of CERCLA. | 9 |
| (b) As used in this Section, the term "potentially | 10 |
| responsible party" means any person who may be liable under | 11 |
| this Act for a release or threat of a release of a hazardous | 12 |
| substance, pesticide, or petroleum.
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| (c) In addition to any other action taken by federal, | 14 |
| State, or local government, when the Director determines that | 15 |
| there may be an imminent and substantial endangerment to the | 16 |
| public health or welfare or the environment as a result of a | 17 |
| release or substantial threat of a release of a hazardous | 18 |
| substance, pesticide, or petroleum, the Director may issue to a | 19 |
| potentially responsible party any order that may be necessary | 20 |
| to protect the public health and welfare and the environment | 21 |
| that requires response actions consistent with the following:
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| (1) for a release or threat of a release of a hazardous | 23 |
| substance, pesticide, or petroleum other than the release | 24 |
| or threat of a release of petroleum from an underground | 25 |
| storage tank subject to Title XVI of this Act, the federal | 26 |
| regulations and amendments thereto promulgated by the | 27 |
| United States Environmental Protection Agency to implement | 28 |
| Section 105 of CERCLA, as amended; and | 29 |
| (2) for a release or threat of a release from an | 30 |
| underground storage tank subject to Title XVI of this Act, | 31 |
| the requirements of Title XVI of this Act and the | 32 |
| regulations adopted thereto.
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| (d) Any person who, without sufficient cause, willfully | 34 |
| violates or fails or refuses to comply with any order issued |
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| under subsection (c) of this Section is in violation of this | 2 |
| Act.
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| (e) Any person who receives and complies with the terms of | 4 |
| any order issued under subsection (c) of this Section may, | 5 |
| within 60 days after completion of the required action, | 6 |
| petition the Director for reimbursement for the reasonable | 7 |
| costs of that action, plus interest, subject to all of the | 8 |
| following terms and conditions: | 9 |
| (1) The interest payable under this subsection accrues | 10 |
| on the amounts expended from the date of expenditure to the | 11 |
| date of payment of reimbursement at the rate set forth in | 12 |
| Section 3-2 of the Uniform Penalty and Interest Act. | 13 |
| Reimbursement for costs associated with a release or threat | 14 |
| of a release of hazardous substance, pesticide, or | 15 |
| petroleum other than the release or threat of a release of | 16 |
| petroleum from an underground storage tank subject to Title | 17 |
| XVI of this Act must be made from the Hazardous Waste Fund. | 18 |
| Reimbursement for costs associated with a release or threat | 19 |
| of a release from an underground storage tank subject to | 20 |
| Title XVI of this Act must be made from the Underground | 21 |
| Storage Tank Fund. Reimbursement from the Underground | 22 |
| Storage Tank Fund under this Section is not subject to the | 23 |
| requirements of Title XVI of this Act.
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| (2) If the Director refuses to grant all or part of a | 25 |
| petition made under this subsection, the petitioner may, | 26 |
| within 30 days after receipt of the refusal, file a | 27 |
| petition with the Board seeking reimbursement.
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| (3) Except as provided in item (4) of this subsection, | 29 |
| to obtain reimbursement, the petitioner must establish, by | 30 |
| a preponderance of the evidence, that (i) the petitioner is | 31 |
| not a responsible party with respect to the release or | 32 |
| threat of a release for which the relevant order was | 33 |
| issued, (ii) the petitioner's response actions were | 34 |
| consistent with the federal regulations and amendments |
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| thereto promulgated by the Administrator of the United | 2 |
| States Environmental Protection Agency to implement | 3 |
| Section 105 of CERCLA, as amended, or the requirements of | 4 |
| Title XVI of this Act, as required under subsection (c) of | 5 |
| this Section, and (iii) the costs for which the petitioner | 6 |
| seeks reimbursement are reasonable in light of the action | 7 |
| required by the relevant order.
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| (4) A petitioner who is a responsible party with | 9 |
| respect to the release or threat of a release for which the | 10 |
| relevant order was issued may recover its reasonable costs | 11 |
| of response to the extent that it can demonstrate, on the | 12 |
| administrative record, that the Director's decision in | 13 |
| selecting the response action ordered was arbitrary and | 14 |
| capricious or was otherwise not in accordance with law. | 15 |
| Reimbursement awarded under this subsection (e)(4) | 16 |
| includes all reasonable response costs incurred by the | 17 |
| petitioner under the portions of the order found to be | 18 |
| arbitrary and capricious or otherwise not in accordance | 19 |
| with law.
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| (5) Reimbursement awarded by the Board under | 21 |
| subsections (e)(3) or (e)(4) of this Section may include | 22 |
| appropriate costs, fees, and other expenses incurred in | 23 |
| seeking reimbursement, including, but not limited to, | 24 |
| reasonable fees and expenses of attorneys.
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| (f) No court nor the Board has jurisdiction to review any | 26 |
| order issued under subsection (c) of this Section, in any | 27 |
| action except the following:
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| (1) An action to enforce an order issued under | 29 |
| subsection (c) of this Section or to recover a penalty for | 30 |
| violation of that order; and
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| (2) An action for reimbursement under subsection (e) of | 32 |
| this Section.
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| (g) The Board and the Agency may adopt rules as necessary | 34 |
| for the implementation of this Section.
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| (415 ILCS 5/22.50 new)
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| Sec. 22.50. Compliance with land use limitations. No | 3 |
| person shall use, or cause or allow the use of, any site for | 4 |
| which a land use limitation has been imposed under this Act in | 5 |
| a manner inconsistent with the land use limitation unless | 6 |
| further investigation or remedial action has been conducted | 7 |
| that documents the attainment of remedial objectives | 8 |
| appropriate for the new land use and a new closure letter has | 9 |
| been obtained from the Agency and recorded in the chain of | 10 |
| title for the site. For the purpose of this Section, the term | 11 |
| "land use limitation" shall include, but shall not be limited | 12 |
| to, institutional controls and engineered barriers imposed | 13 |
| under this Act and the regulations adopted under this Act. For | 14 |
| the purposes of this Section, the term "closure letter" shall | 15 |
| include, but shall not be limited to, No Further Remediation | 16 |
| Letters issued under Titles XVI and XVII of this Act and the | 17 |
| 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 | 20 |
| (415 ILCS 5/25d-1 new) | 21 |
| Sec. 25d-1. Definitions. For the purposes of this Title, | 22 |
| the terms "community water system", "non-community water | 23 |
| system", "potable", "private water system", and "semi-private | 24 |
| water system" have the meanings ascribed to them in the | 25 |
| Illinois Groundwater Protection Act. | 26 |
| (415 ILCS 5/25d-2 new) | 27 |
| Sec. 25d-2. Contaminant evaluation committee. Beginning | 28 |
| January 1, 2006, the Agency shall establish, internally within | 29 |
| the Agency, a contaminant evaluation committee to evaluate | 30 |
| releases of contaminants. The committee shall perform this |
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| evaluation whenever the Agency suspects or confirms that the | 2 |
| actual or modeled extent of soil or groundwater contamination | 3 |
| extends beyond the boundary of the site where the release | 4 |
| occurred. The committee shall recommend appropriate Agency | 5 |
| actions in response to the release, which may include, but | 6 |
| shall not be limited to, public notices, investigations, | 7 |
| administrative orders, and enforcement referrals. | 8 |
| (415 ILCS 5/25d-3 new) | 9 |
| Sec. 25d-3. Committee action.
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| (a) Beginning January 1, 2006, if the committee established | 11 |
| under Section 25d-2 of this Title determines that: | 12 |
| (1) Soil contamination poses a threat of exposure to | 13 |
| the public above the Tier 1 residential remediation | 14 |
| objectives adopted by the Board under Title XVII of this | 15 |
| Act, the Agency shall give notice of the threat to the | 16 |
| owner of the contaminated property; or | 17 |
| (2) Groundwater contamination poses a threat of | 18 |
| exposure to the public above the Class I groundwater | 19 |
| quality standards adopted by the Board under this Act and | 20 |
| the Groundwater Protection Act, the Agency shall give | 21 |
| notice of the threat to the following: | 22 |
| (A) for any private, semi-private, or non-community | 23 |
| water system, the owners of the properties served by | 24 |
| the system; and | 25 |
| (B) for any community water system, the owners and | 26 |
| operators of the system. | 27 |
| The committee's determination must be based on the credible, | 28 |
| scientific information available to it, and the Agency is not | 29 |
| required to perform additional investigations or studies | 30 |
| beyond those required by applicable federal or State laws. | 31 |
| (b) Beginning January 1, 2006, if any of the following | 32 |
| actions occur: (i) the Agency refers a matter for enforcement | 33 |
| under Section 43(a) of this Act; (ii) the Agency issues a seal |
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| order under Section 34(a) of this Act; or (iii) the Agency, the | 2 |
| United States Environmental Protection Agency (USEPA), or a | 3 |
| third party under Agency or USEPA oversight performs an | 4 |
| immediate removal under the federal Comprehensive | 5 |
| Environmental Response, Compensation, and Liability Act, as | 6 |
| amended, then, within 60 days after the action, the Agency must | 7 |
| give notice of the action to the owners of all property within | 8 |
| 2,500 feet of the subject contamination. Within 30 days after a | 9 |
| request by the Agency, the appropriate officials of the county | 10 |
| in which the property is located must provide to the Agency the | 11 |
| names and addresses of all property owners to whom the Agency | 12 |
| is required to give notice under this subsection (b).
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| (c) Notices required under this Section must be given in | 14 |
| accordance with the methods recommended by the Right-to-Know | 15 |
| Committee under Section 25d-5 of this Title. The notices must | 16 |
| contain, at a minimum, the following information: | 17 |
| (1) the name and address of the site or facility where | 18 |
| the release occurred or is suspected to have occurred;
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| (2) the identification of the contaminant released or | 20 |
| suspected to have been released;
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| (3) information as to whether the contaminant was | 22 |
| released or suspected to have been released into the air, | 23 |
| land, or water;
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| (4) a brief description of the potential adverse health | 25 |
| effects posed by the contaminant;
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| (5) a recommendation that water systems with wells | 27 |
| impacted or potentially impacted by the contaminant be | 28 |
| appropriately tested; and
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| (6) the name, business address, and phone number of | 30 |
| persons at the Agency from whom additional information | 31 |
| about the release or suspected release can be obtained.
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| (d) Any person who is a responsible party with respect to | 33 |
| the release or substantial threat of release for which notice | 34 |
| is given under this Section is liable for all costs incurred by |
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| the State in giving the notice. All moneys received by the | 2 |
| State under this subsection (d) must be deposited in the | 3 |
| Hazardous Waste Fund.
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| (415 ILCS 5/25d-4 new) | 5 |
| Sec. 25d-4. Agency authority. Whenever there is a release | 6 |
| or suspected release of a contaminant, the Agency has the | 7 |
| authority to issue an order to the owner or operator of the | 8 |
| site or facility where the release occurred or is suspected to | 9 |
| have occurred that requires the owner or operator to provide | 10 |
| the Agency with the information necessary to give the notices | 11 |
| required under Section 25d-3 of this Title. In the case of a | 12 |
| release or suspected release from an underground storage tank | 13 |
| subject to Title XVI of this Act, the Agency has the authority | 14 |
| to issue such an order to the owner or operator of the | 15 |
| underground storage tank. Any person who, without sufficient | 16 |
| cause, willfully violates, or fails or refuses to comply with, | 17 |
| any order issued under this Section is in violation of this | 18 |
| Act. | 19 |
| (415 ILCS 5/25d-5 new) | 20 |
| Sec. 25d-5. Right-to-Know Committee. Beginning January 1, | 21 |
| 2006, the Agency shall establish a committee known as the | 22 |
| Right-to-Know Committee. The Right-to-Know Committee shall be | 23 |
| composed of the following persons and shall be chaired by the | 24 |
| Director or the Director's designee: representatives of the | 25 |
| Agency, representatives of the Illinois Department of Public | 26 |
| Health, representatives of the Interagency Coordinating | 27 |
| Committee on Groundwater established in the Groundwater | 28 |
| Protection Act, representatives of the Groundwater Advisory | 29 |
| Council established in the Groundwater Protection Act, | 30 |
| representatives of priority groundwater protection regional | 31 |
| planning committees established under Section 17.2 of this Act, | 32 |
| and up to 3 individuals appointed by the Director who are |
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| owners of properties served by private, semi-private, or | 2 |
| non-community drinking water systems that have been impacted by | 3 |
| a release of a contaminant. The Right-to-Know Committee, in | 4 |
| consultation with the Agency, shall evaluate and recommend | 5 |
| appropriate and effective methods of providing the notices | 6 |
| required under Section 25d-3 of this Title. The methods of | 7 |
| notification evaluated by the Right-to-Know Committee shall | 8 |
| include, but shall not be limited to, the following: | 9 |
| (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) | 15 |
| Sec. 25d-6. Notification. Beginning July 1, 2006, the | 16 |
| Agency shall make all of the following information available on | 17 |
| the Internet: | 18 |
| (i) Copies of all notifications given under Section | 19 |
| 25d-3 of this Section. The copies must be indexed and the | 20 |
| index shall, at a minimum, be searchable by notification | 21 |
| date, zip code, site or facility name, and geographic | 22 |
| location.
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| (ii) Appropriate Agency databases containing | 24 |
| information about releases or suspected releases of | 25 |
| contaminants in the State. The databases must, at a | 26 |
| minimum, be searchable by notification date, zip code, site | 27 |
| or facility name, and geographic location. | 28 |
| (iii) Links to appropriate USEPA databases containing | 29 |
| information about releases or suspected releases of | 30 |
| contaminants in the State.
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| (415 ILCS 5/25d-7 new) | 32 |
| Sec. 25d-7. Agency coordination. Beginning January 1, |
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| 2006, the Agency shall coordinate with the Department of Public | 2 |
| Health to provide training to regional and local health | 3 |
| department staff on the use of the information posted on the | 4 |
| Internet under Section 25d-6 of this Title. Also beginning | 5 |
| January 1, 2006, the Agency shall coordinate with the | 6 |
| Department of Public Health to provide training to licensed | 7 |
| water well drillers on the use of the information posted on the | 8 |
| Internet under Section 25d-6 of this Title in relation to the | 9 |
| location and installation of new wells serving private, | 10 |
| semi-private, and non-community water systems. | 11 |
| (415 ILCS 5/25d-8 new) | 12 |
| Sec. 25d-8. Amendment. Within 180 days after the effective | 13 |
| date of this amendatory Act of the 94th General Assembly, the | 14 |
| Agency shall evaluate the Board's rules and propose amendments | 15 |
| to the rules as necessary to require potable water supply well | 16 |
| surveys and community relations activities where such surveys | 17 |
| and activities are appropriate in response to releases of | 18 |
| contaminants that have impacted or that may impact offsite | 19 |
| potable water supply wells. Within 180 days after receiving the | 20 |
| Agency's proposal, the Board shall amend its rules as necessary | 21 |
| to require potable water supply well surveys and community | 22 |
| relations activities where such surveys and activities are | 23 |
| appropriate in response to releases of contaminants that have | 24 |
| impacted or that may impact offsite potable water supply wells. | 25 |
| Community relations activities required by the Board shall | 26 |
| include, but shall not be limited to, submitting a community | 27 |
| relations plan for Agency approval, maintaining a public | 28 |
| information repository that contains timely information about | 29 |
| the actions being taken in response to a release, and | 30 |
| maintaining dialogue with the community through means such as | 31 |
| public meetings, fact sheets, and community advisory groups. | 32 |
| (415 ILCS 5/25d-9 new) |
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| Sec. 25d-9. Liability. Except for willful and wanton | 2 |
| misconduct, neither the State, the Director, nor any State | 3 |
| employee shall be liable for any damages or injuries arising | 4 |
| out of or resulting from any act or omission occurring under | 5 |
| this amendatory Act of the 94th General Assembly. | 6 |
| (415 ILCS 5/25d-10 new) | 7 |
| Sec. 25d-10. Admissibility. The Agency's failure to give | 8 |
| notice under Section 25d-3 of this Title shall not be | 9 |
| admissible for any purpose in any administrative or judicial | 10 |
| 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 | 14 |
| the Agency
pursuant to Section 58.10, shall submit the letter | 15 |
| to the Office of the
Recorder or the Registrar of Titles of the | 16 |
| county in which the site is located
within 45 days of receipt | 17 |
| of the letter. The Office of the Recorder or
the Registrar of | 18 |
| 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 | 20 |
| title for the
site.
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| (b) A No Further Remediation Letter shall not become | 22 |
| effective until
officially recorded in accordance with | 23 |
| subsection (a) of this Section.
The RA shall obtain and submit | 24 |
| to the Agency a certified copy of the
No Further Remediation | 25 |
| Letter as recorded.
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| (c)
(Blank).
At no time shall any site for which a land use | 27 |
| limitation has been
imposed as a result of remediation | 28 |
| activities under this Title be used in a
manner inconsistent | 29 |
| with the land use limitation unless further investigation
or | 30 |
| remedial action has been conducted that documents the | 31 |
| attainment of
objectives appropriate for the new land use and a | 32 |
| new No Further
Remediation Letter obtained and recorded in |
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| accordance with this Title.
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| (d) In the event that a No Further Remediation Letter | 3 |
| issues by operation of
law pursuant to Section 58.10, the RA | 4 |
| may, for purposes of this Section, file
an affidavit stating | 5 |
| that the letter issued by operation of law. Upon receipt
of the | 6 |
| No Further Remediation Letter from the Agency, the RA shall | 7 |
| comply with
the requirements of subsections (a) and (b) of this | 8 |
| Section.
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| (Source: P.A. 92-574, eff. 6-26-02.)
| 10 |
| Section 10. The Illinois Groundwater Protection Act is | 11 |
| amended by changing Section 4 as follows:
| 12 |
| (415 ILCS 55/4) (from Ch. 111 1/2, par. 7454)
| 13 |
| Sec. 4. (a) There shall be established within State | 14 |
| government an
interagency committee
which shall be known as the | 15 |
| Interagency Coordinating Committee on
Groundwater. The | 16 |
| Committee shall be composed of the Director, or his
designee, | 17 |
| of the following agencies:
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| (1) The Illinois Environmental Protection Agency, who | 19 |
| 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 | 23 |
| 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 | 26 |
| 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 | 31 |
| Opportunity
Community Affairs .
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| (b) The Committee shall meet not less than
twice each |
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| calendar year and shall:
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| (1) Review and coordinate the State's policy on | 3 |
| groundwater protection.
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| (2) Review and evaluate State laws, regulations and | 5 |
| procedures that
relate to groundwater protection.
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| (3) Review and evaluate the status of the State's | 7 |
| efforts to improve
the quality of the groundwater and of | 8 |
| the State enforcement efforts for
protection of the | 9 |
| groundwater and make recommendations on improving the
| 10 |
| State efforts to protect the groundwater.
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| (4) Recommend procedures for better coordination among | 12 |
| State
groundwater programs and with local programs related | 13 |
| to groundwater protection.
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| (5) Review and recommend procedures to coordinate the | 15 |
| State's response
to specific incidents of groundwater | 16 |
| pollution and coordinate dissemination
of information | 17 |
| between agencies responsible for the State's response.
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| (6) Make recommendations for and prioritize the | 19 |
| State's groundwater
research needs.
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| (7) Review, coordinate and evaluate groundwater data | 21 |
| collection and
analysis.
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| (8) Beginning on January 1, 1990, report biennially to | 23 |
| the Governor
and the General Assembly on groundwater
| 24 |
| quality, quantity, and the State's enforcement efforts. | 25 |
| Beginning January 1, 2006, the Committee's biennial report | 26 |
| shall also include, with input from the Groundwater | 27 |
| Advisory Council established under Section 5 of this Act, | 28 |
| the priority groundwater protection regional planning | 29 |
| committees established pursuant to Section 17.2 of the | 30 |
| Environmental Protection Act, and the Right-to-Know | 31 |
| Committee established pursuant to Section 25d-5 of the | 32 |
| Environmental Protection Act, information on the | 33 |
| implementation of this amendatory Act of the 94th General | 34 |
| Assembly.
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| (c) The Chairman of the Committee shall propose a | 2 |
| groundwater protection
regulatory agenda for consideration by | 3 |
| the Committee and the Council. The
principal purpose of the | 4 |
| agenda shall be to systematically consider the
groundwater | 5 |
| protection aspects of relevant federal and State regulatory
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| programs and to identify any areas where improvements may be | 7 |
| warranted. To
the extent feasible, the agenda may also serve to | 8 |
| facilitate a more
uniform and coordinated approach toward | 9 |
| protection of groundwaters in
Illinois. Upon adoption of the | 10 |
| final agenda by the Committee, the Chairman
of the Committee | 11 |
| shall assign a lead agency and any support agencies to
prepare | 12 |
| a regulatory assessment report for each item on the agenda. | 13 |
| Each
regulatory assessment report shall specify the nature of | 14 |
| the
groundwater protection
provisions being implemented and | 15 |
| shall evaluate the results achieved
therefrom. Special | 16 |
| attention shall be given to any preventive measures
being | 17 |
| utilized for protection of groundwaters. The reports shall be
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| completed in a timely manner. After review and consideration by | 19 |
| the
Committee, the reports shall become the basis for | 20 |
| recommending further
legislative or regulatory action.
| 21 |
| (d) No later than January 1, 1992, the Interagency | 22 |
| Coordinating
Committee on Groundwater shall provide a | 23 |
| comprehensive status report to
the Governor and the General | 24 |
| Assembly concerning implementation of this Act.
| 25 |
| (e) The Committee shall consider findings and | 26 |
| recommendations that are
provided by the Council, and
respond | 27 |
| in writing regarding such matters. The Chairman of the | 28 |
| Committee
shall designate a liaison person to serve as a | 29 |
| facilitator of
communications with the Council.
| 30 |
| (Source: P.A. 89-445, eff. 2-7-96; revised 12-6-03.)
| 31 |
| Section 99. Effective date. This Act takes effect upon | 32 |
| becoming law.".
|
|