Full Text of SB1035 94th General Assembly
SB1035sam001 94TH GENERAL ASSEMBLY
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Sen. Deanna Demuzio
Filed: 5/13/2005
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LRB094 04707 RSP 46562 a |
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| AMENDMENT TO SENATE BILL 1035
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| AMENDMENT NO. ______. Amend Senate Bill 1035 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 Sections 57.2, 57.7, 57.8, and 57.15 as follows:
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| (415 ILCS 5/57.2)
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| Sec. 57.2. Definitions. As used in this Title:
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| "Audit" means a systematic inspection or examination of | 9 |
| plans, reports,
records, or documents to determine the | 10 |
| completeness and accuracy of the data
and
conclusions contained | 11 |
| therein.
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| "Bodily injury" means bodily injury, sickness, or disease | 13 |
| sustained by a
person, including death at any time, resulting | 14 |
| from a release of petroleum from
an underground storage tank.
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| "Release" means any spilling, leaking, emitting, | 16 |
| discharging,
escaping, leaching or disposing of petroleum from | 17 |
| an underground storage tank
into groundwater, surface water or | 18 |
| subsurface soils.
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| "Fill material" means non-native or disturbed materials | 20 |
| used to bed and
backfill around an underground storage tank.
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| "Fund" means the Underground Storage Tank Fund.
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| "Heating Oil" means petroleum that is No. 1, No. 2, No. 4 - | 23 |
| light, No. 4 -
heavy, No. 5 - light, No. 5 - heavy or No. 6 | 24 |
| technical grades of fuel oil; and
other residual fuel oils |
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| including Navy Special Fuel Oil and Bunker C.
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| "Indemnification" means indemnification of an owner or | 3 |
| operator for the
amount of any judgment entered against the | 4 |
| owner or operator in a court of law,
for the amount of any | 5 |
| final order or determination made against the owner or
operator | 6 |
| by an agency of State government or any subdivision thereof, or | 7 |
| for
the amount of any settlement entered into by the owner or | 8 |
| operator, if the
judgment, order, determination, or settlement | 9 |
| arises out of bodily injury or
property damage suffered as a | 10 |
| result of a release of petroleum from an
underground storage | 11 |
| tank owned or operated by the owner or operator.
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| "Corrective action" means activities associated with | 13 |
| compliance with the
provisions of Sections 57.6 and 57.7 of | 14 |
| this Title.
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| "Occurrence" means an accident, including continuous or | 16 |
| repeated exposure
to conditions, that results in a sudden or | 17 |
| nonsudden release from an
underground storage tank.
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| When used in connection with, or when otherwise relating | 19 |
| to, underground
storage tanks, the terms "facility", "owner", | 20 |
| "operator", "underground storage
tank", "(UST)", "petroleum" | 21 |
| and "regulated substance" shall have the meanings
ascribed to | 22 |
| them in Subtitle I of the Hazardous and Solid Waste Amendments | 23 |
| of
1984 (P.L. 98-616), of the Resource Conservation and | 24 |
| Recovery Act of 1976 (P.L.
94-580); provided however that the | 25 |
| term "underground storage tank" shall also
mean an underground | 26 |
| storage tank used exclusively to store heating oil for
| 27 |
| consumptive use on the premises where stored and which serves | 28 |
| other than a farm
or residential unit.
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| "Licensed Professional Engineer" means a person, | 30 |
| corporation, or
partnership licensed under the laws of the | 31 |
| State of Illinois to practice
professional engineering.
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| "Licensed Professional Geologist" means a person licensed | 33 |
| under the laws of
the State of Illinois to practice as a | 34 |
| professional geologist.
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| "Site" means any single location, place, tract of land or | 2 |
| parcel
of property including contiguous property not separated | 3 |
| by a public
right-of-way.
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| "Site investigation" means activities associated with | 5 |
| compliance with the
provisions of subsection (a) of Section | 6 |
| 57.7.
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| "Property damage" means physical injury to, destruction | 8 |
| of, or contamination
of tangible property, including all | 9 |
| resulting loss of use of that property; or
loss of use of | 10 |
| tangible property that is not physically injured, destroyed, or
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| contaminated, but has been evacuated, withdrawn from use, or | 12 |
| rendered
inaccessible because of a release of petroleum from an | 13 |
| underground storage
tank.
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| "Class I Groundwater" means groundwater that meets the | 15 |
| Class I: Potable
Resource Groundwater criteria set forth in the | 16 |
| Board regulations adopted
pursuant to the Illinois Groundwater | 17 |
| Protection Act.
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| "Class III Groundwater" means groundwater that meets the | 19 |
| Class III: Special
Resource Groundwater criteria set forth in | 20 |
| the Board regulations adopted
pursuant to the Illinois | 21 |
| Groundwater Protection Act. | 22 |
| "Scope of work" means a comprehensive, all-inclusive | 23 |
| listing of services and activities included in a specific task.
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| (Source: P.A. 92-554, eff. 6-24-02; 92-735, eff. 7-25-02; | 25 |
| revised 9-9-02.)
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| (415 ILCS 5/57.7)
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| Sec. 57.7. Leaking underground storage tanks; site | 28 |
| investigation and
corrective action.
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| (a) Site investigation.
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| (1) For any site investigation activities required by | 31 |
| statute or rule,
the owner or operator shall submit to the | 32 |
| Agency for approval a site
investigation plan designed to | 33 |
| determine the nature, concentration, direction
of |
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| movement, rate of movement, and extent of the contamination | 2 |
| as well as the
significant physical features of the site | 3 |
| and surrounding area that may affect
contaminant transport | 4 |
| and risk to human health and safety and the environment.
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| (2) Any owner or operator intending to seek payment | 6 |
| from the Fund shall
submit to the Agency for approval a | 7 |
| site investigation budget that includes,
but is not limited | 8 |
| to, an accounting of all costs associated with the
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| implementation and completion of the site investigation | 10 |
| plan.
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| (3) Remediation objectives for the applicable | 12 |
| indicator contaminants
shall be determined using the | 13 |
| tiered approach to corrective action objectives
rules | 14 |
| adopted by the Board pursuant to this Title and Title XVII | 15 |
| of this Act.
For the purposes of this Title, "Contaminant | 16 |
| of Concern" or "Regulated
Substance of Concern" in the | 17 |
| rules means the applicable indicator contaminants
set | 18 |
| forth in subsection (d) of this Section and the rules | 19 |
| adopted thereunder.
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| (4) Upon the Agency's approval of a site investigation | 21 |
| plan, or as
otherwise directed by the Agency, the owner or | 22 |
| operator shall conduct a site
investigation in accordance | 23 |
| with the plan.
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| (5) Within 60
30 days after completing the site | 25 |
| investigation, the owner
or operator shall submit to the | 26 |
| Agency for approval a site investigation
completion | 27 |
| report. At a minimum the report shall include all of the | 28 |
| following:
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| (A) Executive summary.
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| (B) Site history.
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| (C) Site-specific sampling methods and results.
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| (D) Documentation of all field activities, | 33 |
| including quality assurance.
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| (E) Documentation regarding the development of |
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| proposed remediation
objectives.
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| (F) Interpretation of results.
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| (G) Conclusions.
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| (b) Corrective action.
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| (1) If the site investigation confirms none of the | 6 |
| applicable indicator
contaminants exceed the proposed | 7 |
| remediation objectives, within 60
30 days after
completing | 8 |
| the site investigation the owner or operator shall submit | 9 |
| to the
Agency for approval a corrective action completion | 10 |
| report in accordance with
this Section.
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| (2) If any of the applicable indicator contaminants | 12 |
| exceed the
remediation objectives approved for the site, | 13 |
| within 60
30 days after the Agency
approves the site | 14 |
| investigation completion report the owner or operator | 15 |
| shall
submit to the Agency for approval a corrective action | 16 |
| plan designed to mitigate
any threat to human health, human | 17 |
| safety, or the environment resulting from the
underground | 18 |
| storage tank release. The plan shall describe the selected | 19 |
| remedy
and evaluate its ability and effectiveness to | 20 |
| achieve the remediation
objectives approved for the site. | 21 |
| At a minimum, the report shall include all
of the | 22 |
| following:
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| (A) Executive summary.
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| (B) Statement of remediation objectives.
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| (C) Remedial technologies selected.
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| (D) Confirmation sampling plan.
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| (E) Current and projected future use of the | 28 |
| property.
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| (F) Applicable preventive, engineering, and | 30 |
| institutional controls
including long-term | 31 |
| reliability, operating, and maintenance plans, and
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| monitoring procedures.
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| (G) A schedule for implementation and completion | 34 |
| of the plan.
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| (3) Any owner or operator intending to seek payment | 2 |
| from the Fund shall
submit to the Agency for approval a | 3 |
| corrective action budget that includes,
but is not limited | 4 |
| to, an accounting of all costs associated with the
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| implementation and completion of the corrective action | 6 |
| plan.
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| (4) Upon the Agency's approval of a corrective action | 8 |
| plan, or as
otherwise directed by the Agency, the owner or | 9 |
| operator shall proceed with
corrective action in | 10 |
| accordance with the plan.
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| (5) Within 60
30 days after the completion of a | 12 |
| corrective action plan that
achieves applicable | 13 |
| remediation objectives the owner or operator shall submit
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| to the Agency for approval a corrective action completion | 15 |
| report. The report
shall demonstrate whether corrective | 16 |
| action was completed in accordance with
the approved | 17 |
| corrective action plan and whether the remediation | 18 |
| objectives
approved for the site, as well as any other | 19 |
| requirements of the plan, have
been achieved.
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| (6) If within 4 years after the approval of any | 21 |
| corrective action plan
the applicable remediation | 22 |
| objectives have not been achieved and the owner or
operator | 23 |
| has not submitted a corrective action completion report, | 24 |
| the owner or
operator must submit a status report for | 25 |
| Agency review. The status report must
include, but is not | 26 |
| limited to, a description of the remediation activities
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| taken to date, the effectiveness of the method of | 28 |
| remediation being used, the
likelihood of meeting the | 29 |
| applicable remediation objectives using the current
method | 30 |
| of remediation, and the date the applicable remediation | 31 |
| objectives are
expected to be achieved.
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| (7) If the Agency determines any approved corrective | 33 |
| action plan will
not achieve applicable remediation | 34 |
| objectives within a reasonable time, based
upon the method |
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| of remediation and site specific circumstances, the Agency | 2 |
| may
require the owner or operator to submit to the Agency | 3 |
| for approval a revised
corrective action plan. If the owner | 4 |
| or operator intends to seek payment from
the Fund, the | 5 |
| owner or operator must also submit a revised budget.
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| or Licensed Professional Geologist
or Licensed Professional | 7 |
| Geologist
or Licensed Professional Geologist
or Licensed | 8 |
| Professional Geologist
or Licensed Professional Geologist
or | 9 |
| Licensed Professional Geologist
or Licensed Professional | 10 |
| Geologist
or Licensed Professional Geologist
or Licensed | 11 |
| Professional Geologist
or Licensed Professional Geologist
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| (c) Agency review and approval.
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| (1) Agency approval of any plan and associated budget, | 14 |
| as described in
this subsection (c), shall be considered | 15 |
| final approval for purposes of
seeking and obtaining | 16 |
| payment from the Underground Storage Tank Fund if the
costs | 17 |
| associated with the completion of any such plan are less | 18 |
| than or equal
to the amounts approved in such budget.
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| (2) In the event the Agency fails to approve, | 20 |
| disapprove, or modify any
plan or report submitted pursuant | 21 |
| to this Title in writing within 90
120 days
of the receipt | 22 |
| by the Agency, the plan or report shall be considered to be
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| rejected by operation of law for purposes of this Title and | 24 |
| rejected for
purposes of payment from the Underground | 25 |
| Storage Tank Fund.
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| (A) For purposes of those plans as identified in | 27 |
| paragraph (5) of this
subsection (c), the Agency's | 28 |
| review may be an audit procedure. Such review or
audit | 29 |
| shall be consistent with the procedure for such review | 30 |
| or audit as
promulgated by the Board under Section | 31 |
| 57.14. The Agency has the authority to
establish an | 32 |
| auditing program to verify compliance of such plans | 33 |
| with the
provisions of this Title.
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| (B) For purposes of corrective action plans |
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| submitted pursuant to
subsection (b) of this Section | 2 |
| for which payment from the Fund is not being
sought, | 3 |
| the Agency need not take action on such plan until 90
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| 120 days after it
receives the corrective action | 5 |
| completion report required under subsection (b)
of | 6 |
| this Section. In the event the Agency approved the | 7 |
| plan, it shall proceed
under the provisions of this | 8 |
| subsection (c).
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| (3) In approving any plan submitted pursuant to | 10 |
| subsection (a) or (b)
of this Section, the Agency shall | 11 |
| determine, by a procedure promulgated by
the Board under | 12 |
| Section 57.14, that the costs associated with the plan are
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| reasonable, will be incurred in the performance of site | 14 |
| investigation or
corrective action, and will not be used | 15 |
| for site investigation or corrective
action activities in | 16 |
| excess of those required to meet the minimum requirements
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| of this Title. The Agency must adhere to the following | 18 |
| items in making a reasonableness determination as to the | 19 |
| costs of a plan: | 20 |
| (A) The Agency may set rates for corrective | 21 |
| activities typically requested for reimbursement. In | 22 |
| setting these rates the Agency must use a | 23 |
| scientifically defensible method that includes a | 24 |
| defined scope of work for each activity. The method and | 25 |
| list of rates to be determined must be reviewed and | 26 |
| approved by the Board. The Agency may also use rates | 27 |
| obtained through a current edition, published manual | 28 |
| produced by another State agency. | 29 |
| (B) Rates must be adjusted annually for inflation, | 30 |
| at a minimum. Complete and accurate geographic | 31 |
| distances must be considered as well. Professional | 32 |
| oversight shall be allowed for all hours in which | 33 |
| technically required field activities are occurring. | 34 |
| (C) The rates that are set by paragraph (A) may be |
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| exceeded in the following instances: | 2 |
| (i) The contractor receives 3 bids in excess of | 3 |
| the rate that has been set; provided that the bids | 4 |
| must be obtained from subcontractors capable of | 5 |
| performing the work and must be obtained in the | 6 |
| units for which the rate is set. | 7 |
| (ii) The contractor uses rates from a | 8 |
| qualified reference. A list of qualified | 9 |
| references must be contained in rules adopted by | 10 |
| the Board. | 11 |
| (iii) The contractor provides justification to | 12 |
| the satisfaction of the Agency based on | 13 |
| site-specific factors for unusual or extraordinary | 14 |
| circumstances. | 15 |
| (iv) The activities that are necessary to meet | 16 |
| the minimum requirements of this Act exceed the | 17 |
| scope of the work defined for a particular rate.
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| (D) If a statistically significant percentage of | 19 |
| the number of submittals in the period of one year for | 20 |
| a particular rate that has been set are exceeded under | 21 |
| (C)(i) and (C)(ii) of this part, the Agency must review | 22 |
| the rate and determine if an adjustment needs to be | 23 |
| made. | 24 |
| (E) Remediation to any remediation objective | 25 |
| determined using the tiered approach to corrective | 26 |
| action objectives rules adopted by the Board pursuant | 27 |
| to this Title and Title XVII of this Act is a | 28 |
| reasonable cost. | 29 |
| (F) Fees assessed by a State agency that are | 30 |
| necessary to meet technical requirements are | 31 |
| reasonable costs.
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| (4) For any plan or report received after June 24,
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| September 13,
2002, any action by the Agency to disapprove | 34 |
| or modify a plan submitted
pursuant to this Title shall be |
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| provided to the owner or operator in writing
within 90
120 | 2 |
| days of the receipt by the Agency or, in the case of a site
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| investigation plan or corrective action plan for which | 4 |
| payment is not being
sought, within 90
120 days of receipt | 5 |
| of the site investigation completion report
or corrective | 6 |
| action completion report, respectively, and shall be | 7 |
| accompanied
by:
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| (A) an explanation of the Sections of this Act | 9 |
| which may be violated
if the plans were approved;
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| (B) an explanation of the provisions of the | 11 |
| regulations, promulgated
under this Act, which may be | 12 |
| violated if the plan were approved;
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| (C) an explanation of the specific type of | 14 |
| information, if any,
which the Agency deems the | 15 |
| applicant did not provide the Agency; and
| 16 |
| (D) a statement of specific reasons why the Act and | 17 |
| the regulations
might not be met if the plan were | 18 |
| approved.
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| Any action by the Agency to disapprove or modify a plan | 20 |
| or report is a draft denial, to which the owner or operator | 21 |
| has 30 days to respond. The owner or operator may respond | 22 |
| by either (i) appealing to the Agency to reverse its | 23 |
| disapproval or modification order or (ii) electing to | 24 |
| incorporate the Agency's modifications. If the owner or | 25 |
| operator appeals to the Agency, the Agency has 30 days from | 26 |
| the receipt of the owner's or operator's written | 27 |
| notification of appeal in which to respond. The Agency's | 28 |
| response to an appeal or failure to respond within the 30 | 29 |
| days is a final action of the Agency and is subject to | 30 |
| appeal to the Board in accordance with the procedures of | 31 |
| Section 40 of this Act. The
or
the rejection of any plan or | 32 |
| report by operation of law shall be subject
to appeal to | 33 |
| the Board in accordance with the procedures of Section 40. | 34 |
| If
the owner or operator elects to incorporate |
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| modifications required by the
Agency rather than appeal, an | 2 |
| amended plan shall be submitted to the Agency
within 35 | 3 |
| days of receipt of the Agency's written notification.
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| (5) For purposes of this Title, the term "plan" shall | 5 |
| include:
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| (A) Any site investigation plan submitted pursuant | 7 |
| to subsection (a)
of this Section;
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| (B) Any site investigation budget submitted | 9 |
| pursuant to subsection (a)
of this Section;
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| (C) Any corrective action plan submitted pursuant | 11 |
| to
subsection (b) of this Section; or
| 12 |
| (D) Any corrective action plan budget submitted | 13 |
| pursuant to
subsection (b) of this Section.
| 14 |
| (6) The Agency shall develop and maintain review | 15 |
| guidelines for all plans, reports, and budgets submitted | 16 |
| pursuant to this Title. These review guidelines shall be | 17 |
| published to provide notice to owners and operators as to | 18 |
| the specific information the Agency requires for each plan, | 19 |
| report, and budget. The review guidelines shall be | 20 |
| uniformly applied to all documents submitted to the Agency | 21 |
| under this Title.
| 22 |
| (d) For purposes of this Title, the term "indicator | 23 |
| contaminant" shall
mean, unless and until the Board promulgates | 24 |
| regulations to the contrary, the
following: (i) if an | 25 |
| underground storage tank contains gasoline, the indicator
| 26 |
| parameter shall be BTEX and Benzene; (ii) if the tank contained | 27 |
| petroleum
products consisting of middle distillate or heavy | 28 |
| ends, then the indicator
parameter shall be determined by a | 29 |
| scan of PNA's taken from the location where
contamination is | 30 |
| most likely to be present; and (iii) if the tank contained
used | 31 |
| oil, then the indicator contaminant shall be those chemical | 32 |
| constituents
which indicate the type of petroleum stored in an | 33 |
| underground storage tank.
All references in this Title to | 34 |
| groundwater objectives shall mean Class I
groundwater |
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| standards or objectives as applicable.
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| (e) (1) Notwithstanding the provisions of this Section, an | 3 |
| owner or
operator may proceed to conduct site investigation | 4 |
| or corrective action prior
to the submittal or approval of | 5 |
| an otherwise required plan. If the owner or
operator elects | 6 |
| to so proceed, an applicable plan shall be filed with the
| 7 |
| Agency at any time. Such plan shall detail the steps taken | 8 |
| to determine the
type of site investigation or corrective | 9 |
| action which was necessary at the site
along with the site | 10 |
| investigation or corrective action taken or to be taken, in
| 11 |
| addition to costs associated with activities to date and | 12 |
| anticipated costs.
| 13 |
| (2) Upon receipt of a plan submitted after activities | 14 |
| have commenced at a
site, the Agency shall proceed to | 15 |
| review in the same manner as required under
this Title. In | 16 |
| the event the Agency disapproves all or part of the costs, | 17 |
| the
owner or operator may appeal such decision to the | 18 |
| Board. The owner or operator
shall not be eligible to be | 19 |
| reimbursed for such disapproved costs unless and
until the | 20 |
| Board determines that such costs were eligible for
payment.
| 21 |
| (f) All investigations, plans, and reports conducted or | 22 |
| prepared under
this Section shall be conducted or prepared | 23 |
| under the supervision of a
licensed professional engineer and | 24 |
| in accordance with the requirements
of this Title.
| 25 |
| (Source: P.A. 92-554, eff. 6-24-02; 92-574, eff. 6-26-02; | 26 |
| 92-651, eff.
7-11-02; 92-735, eff. 7-25-02; revised 10-3-02.)
| 27 |
| (415 ILCS 5/57.8)
| 28 |
| Sec. 57.8. Underground Storage Tank Fund; payment; options | 29 |
| for State payment;
deferred correction election to commence | 30 |
| corrective action upon availability of
funds. If an owner or | 31 |
| operator is eligible to access the Underground Storage
Tank | 32 |
| Fund pursuant to an Office of State Fire Marshal | 33 |
| eligibility/deductible
final determination letter issued in |
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| accordance with Section 57.9, the owner or
operator may submit | 2 |
| a complete application for final or partial payment to the
| 3 |
| Agency for activities taken in response to a confirmed release. | 4 |
| An owner or
operator may submit a request for partial or final | 5 |
| payment regarding a site no
more frequently than once every 90 | 6 |
| days.
| 7 |
| (a) Payment after completion of corrective action | 8 |
| measures.
The owner or operator may submit an application for | 9 |
| payment for
activities performed at a site after completion of | 10 |
| the requirements of Sections
57.6 and 57.7, or after completion | 11 |
| of any other required activities at the
underground storage | 12 |
| tank site.
| 13 |
| (1) In the case of any approved plan and budget for | 14 |
| which payment is
being sought, the Agency shall make a | 15 |
| payment determination within 90
120 days of
receipt of the | 16 |
| application. Such determination shall be considered a | 17 |
| final
decision. The Agency's review shall be limited to | 18 |
| generally accepted auditing
and accounting practices. In | 19 |
| no case shall the Agency conduct additional
review of any | 20 |
| plan which was completed within the budget, beyond auditing | 21 |
| for
adherence to the corrective action measures in the | 22 |
| proposal. If the Agency
fails to approve the payment | 23 |
| application within 90
120 days, such application
shall be | 24 |
| deemed approved by operation of law and the Agency shall | 25 |
| proceed to
reimburse the owner or operator the amount | 26 |
| requested in the payment
application. However, in no event | 27 |
| shall the Agency reimburse the owner or
operator an amount | 28 |
| greater than the amount approved in the plan.
| 29 |
| (2) If sufficient funds are available in the | 30 |
| Underground Storage Tank
Fund, the Agency shall, within 60 | 31 |
| days, forward to the Office of the State
Comptroller a | 32 |
| voucher in the amount approved under the payment | 33 |
| application.
| 34 |
| (3) In the case of insufficient funds, the Agency shall |
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| 1 |
| form a priority
list for payment and shall notify
persons | 2 |
| in such
priority list monthly of the availability of funds | 3 |
| and when payment shall be
made. Payment shall be made to | 4 |
| the owner or operator at such time as
sufficient funds | 5 |
| become available for the costs associated with site
| 6 |
| investigation and corrective
action and costs expended for | 7 |
| activities performed where no proposal is
required, if | 8 |
| applicable. Such priority list shall be available to any | 9 |
| owner or
operator upon request. Priority for payment shall | 10 |
| be determined by the date the
Agency receives a complete | 11 |
| request for partial or final payment. Upon receipt
of | 12 |
| notification from the Agency that the requirements of this | 13 |
| Title have been
met, the Comptroller shall make payment to | 14 |
| the owner or operator of the amount
approved by the Agency, | 15 |
| if sufficient money exists in the Fund. If there is
| 16 |
| insufficient money in the Fund, then payment shall not be | 17 |
| made. If the owner
or operator appeals a final Agency | 18 |
| payment determination and it is determined
that the owner | 19 |
| or operator is eligible for payment or additional payment, | 20 |
| the
priority date for the payment or additional payment | 21 |
| shall be the same as the
priority date assigned to the | 22 |
| original request for partial or final payment.
| 23 |
| (4) Any deductible, as determined pursuant to the | 24 |
| Office of the State Fire
Marshal's eligibility and | 25 |
| deductibility final determination in accordance with
| 26 |
| Section 57.9, shall be subtracted from any payment invoice | 27 |
| paid to an eligible
owner or operator. Only one deductible | 28 |
| shall apply per underground storage
tank site.
| 29 |
| (5) In the event that costs are or will be incurred in | 30 |
| addition to those
approved by the Agency, or after payment, | 31 |
| the owner or operator may submit
successive plans | 32 |
| containing amended budgets. The requirements of Section | 33 |
| 57.7
shall apply to any amended plans.
| 34 |
| (6) For purposes of this Section, a complete |
|
|
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| 1 |
| application shall consist of:
| 2 |
| (A) A certification from a Licensed Professional | 3 |
| Engineer or Licensed
Professional Geologist as | 4 |
| required
under this Title and acknowledged by the owner | 5 |
| or operator.
| 6 |
| (B) A statement of the amounts approved in the | 7 |
| budget and the amounts
actually sought for payment | 8 |
| along with a certified statement by the owner or
| 9 |
| operator that the amounts so
sought were expended in | 10 |
| conformance with the approved budget.
| 11 |
| (C) A copy of the Office of the State Fire | 12 |
| Marshal's eligibility and
deductibility determination.
| 13 |
| (D) Proof that approval of the payment requested | 14 |
| will not result in the
limitations set forth in | 15 |
| subsection (g) of this Section being exceeded.
| 16 |
| (E) A federal taxpayer identification number and | 17 |
| legal status disclosure
certification on a form | 18 |
| prescribed and provided by the Agency.
| 19 |
| (b) Commencement of site investigation or corrective | 20 |
| action upon
availability of funds.
The Board shall adopt | 21 |
| regulations setting forth procedures based on risk to
human | 22 |
| health or the environment under which the owner or operator who | 23 |
| has
received approval for any budget plan submitted pursuant to | 24 |
| Section
57.7, and who is eligible for payment from the | 25 |
| Underground Storage Tank Fund
pursuant to an Office of the | 26 |
| State Fire Marshal eligibility and deductibility
| 27 |
| determination, may elect to defer site investigation or | 28 |
| corrective action activities until funds are available
in
an | 29 |
| amount equal to the amount approved in the budget. The | 30 |
| regulations
shall establish criteria based on risk to human | 31 |
| health or the environment to be
used for determining on a | 32 |
| site-by-site basis whether deferral is appropriate.
The | 33 |
| regulations also shall establish the minimum investigatory | 34 |
| requirements for
determining whether the risk based criteria |
|
|
|
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| 1 |
| are present at a site considering
deferral and procedures for | 2 |
| the notification of owners or operators of
insufficient funds, | 3 |
| Agency review of request for deferral, notification of
Agency | 4 |
| final decisions, returning deferred sites to active status, and
| 5 |
| earmarking of funds for payment.
| 6 |
| (c) When the owner or operator requests indemnification for | 7 |
| payment of costs
incurred as a result of a release of petroleum | 8 |
| from an underground storage
tank, if the owner or operator has | 9 |
| satisfied the requirements of subsection (a)
of this Section, | 10 |
| the Agency shall forward a copy of the request to the Attorney
| 11 |
| General. The Attorney General shall review and approve the | 12 |
| request for
indemnification if:
| 13 |
| (1) there is a legally enforceable judgment entered | 14 |
| against the owner or
operator and such judgment was entered | 15 |
| due to harm caused by a release of
petroleum from an | 16 |
| underground storage tank and such judgment was not entered | 17 |
| as
a result of fraud; or
| 18 |
| (2) a settlement with a third party due to a release of | 19 |
| petroleum from an
underground storage tank is reasonable.
| 20 |
| (d) Notwithstanding any other provision of this Title, the | 21 |
| Agency shall not
approve payment to an owner or operator from | 22 |
| the Fund for costs of corrective
action or indemnification | 23 |
| incurred during a calendar year in excess of the
following | 24 |
| aggregate amounts based on the number of petroleum underground
| 25 |
| storage tanks owned or operated by such owner or operator in | 26 |
| Illinois.
| 27 |
| Amount Number of Tanks
| 28 |
| $2,000,000 ............................fewer than 101
| 29 |
| $3,000,000 ....................................101 or more
| 30 |
| (1) Costs incurred in excess of the aggregate amounts | 31 |
| set forth in
paragraph (1) of this subsection shall not be | 32 |
| eligible for payment in
subsequent years.
| 33 |
| (2) For purposes of this subsection, requests | 34 |
| submitted by any of the
agencies, departments, boards, |
|
|
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| committees or commissions of the State of
Illinois shall be | 2 |
| acted upon as claims from a single owner or operator.
| 3 |
| (3) For purposes of this subsection, owner or operator | 4 |
| includes (i) any
subsidiary, parent, or joint stock company | 5 |
| of the owner or operator and (ii)
any company owned by any | 6 |
| parent, subsidiary, or joint stock company of the
owner or | 7 |
| operator.
| 8 |
| (e) Costs of corrective action or indemnification incurred | 9 |
| by an owner or
operator which have been paid to an owner or | 10 |
| operator under a policy of
insurance, another written | 11 |
| agreement, or a court order are not eligible for
payment under | 12 |
| this Section. An owner or operator who receives payment under a
| 13 |
| policy of insurance, another written agreement, or a court | 14 |
| order shall
reimburse the State to the extent such payment | 15 |
| covers costs for which payment
was received from the Fund. Any | 16 |
| monies received by the State under this
subsection (e) shall be | 17 |
| deposited into the Fund.
| 18 |
| (f) (Blank.)
| 19 |
| (g) The Agency shall not approve any payment from the Fund | 20 |
| to pay an owner
or operator:
| 21 |
| (1) for costs of corrective action incurred by such | 22 |
| owner or operator
in an
amount in excess of $1,500,000 per | 23 |
| occurrence; and
| 24 |
| (2) for costs of indemnification of such owner or | 25 |
| operator in an amount in
excess of $1,500,000 per | 26 |
| occurrence.
| 27 |
| (h) Payment of any amount from the Fund for corrective | 28 |
| action or
indemnification shall be subject to the State | 29 |
| acquiring by subrogation the
rights of any owner, operator, or | 30 |
| other person to recover the costs of
corrective action or | 31 |
| indemnification for which the Fund has compensated such
owner, | 32 |
| operator, or person from the person responsible or liable for | 33 |
| the
release.
| 34 |
| (i) If the Agency refuses to pay or authorizes only
a |
|
|
|
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| 1 |
| partial payment, the affected owner or operator may petition | 2 |
| the Board for a
hearing in the manner provided for the review | 3 |
| of permit decisions in Section 40
of this Act.
| 4 |
| (j) Costs of corrective action or indemnification incurred | 5 |
| by an owner or
operator prior to July 28, 1989, shall not be | 6 |
| eligible for payment or
reimbursement under this Section.
| 7 |
| (k) The Agency shall not pay costs of corrective action or
| 8 |
| indemnification incurred before providing notification of the | 9 |
| release of
petroleum in accordance with the provisions of this | 10 |
| Title.
| 11 |
| (l) Corrective action does not include legal defense costs. | 12 |
| Legal defense
costs include legal costs for seeking payment | 13 |
| under this Title unless the owner
or operator prevails before | 14 |
| the Board in which case the Board may authorize
payment of | 15 |
| legal fees.
| 16 |
| (m) The Agency may apportion payment of costs for plans | 17 |
| submitted under
Section 57.7 if:
| 18 |
| (1) the owner or operator was deemed eligible to access | 19 |
| the Fund for
payment of corrective action costs for some, | 20 |
| but not all, of the underground
storage tanks at the site; | 21 |
| and
| 22 |
| (2) the owner or operator failed to justify all costs | 23 |
| attributable to each
underground storage tank at the site.
| 24 |
| (n) The Agency shall not pay costs associated with a | 25 |
| corrective action
plan incurred after the Agency provides
| 26 |
| notification to the owner or operator pursuant to item (7) of | 27 |
| subsection (b) of
Section 57.7 that a revised corrective action | 28 |
| plan
is required. Costs associated with any subsequently | 29 |
| approved corrective action
plan shall be eligible for | 30 |
| reimbursement if they
meet the requirements of this Title. | 31 |
| (o) The Agency shall, by January 1, 2006, develop or obtain | 32 |
| an electronic system for submittal and review of budgets and | 33 |
| reimbursement requests that are submitted pursuant to this | 34 |
| Title. For budgets and reimbursement requests submitted |
|
|
|
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| 1 |
| electronically, the Agency review time is limited to 60 days.
| 2 |
| (Source: P.A. 91-357, eff. 7-29-99; 92-554, eff. 6-24-02; | 3 |
| 92-574, eff.
6-26-02; 92-735, eff. 7-25-02; revised 10-3-02.)
| 4 |
| (415 ILCS 5/57.15)
| 5 |
| Sec. 57.15. Authority to audit. The Agency has the | 6 |
| authority to audit all
data, reports, plans, documents and | 7 |
| budgets submitted pursuant to this Title.
If the Agency, in the | 8 |
| process of its audit, determines that additional information is | 9 |
| required to support the claims within the data, report, plan, | 10 |
| document, or budget, the Agency must request this information | 11 |
| in writing via certified mail and allow 30 days for a response. | 12 |
| If, following this request, it has been determined that
If the | 13 |
| data, report, plan, document or budget audited by the Agency | 14 |
| pursuant to
this Section fails to conform to all applicable | 15 |
| requirements of this Title, the
Agency may take appropriate | 16 |
| actions in accordance with Section 57.17. A request completed | 17 |
| in accordance with this Section extends the Agency's applicable | 18 |
| review period by 30 days .
| 19 |
| (Source: P.A. 88-496.)".
|
|