Full Text of SB2982 94th General Assembly
SB2982 94TH GENERAL ASSEMBLY
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94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006 SB2982
Introduced 1/20/2006, by Sen. James F. Clayborne, Jr. SYNOPSIS AS INTRODUCED: |
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415 ILCS 5/39.2 |
from Ch. 111 1/2, par. 1039.2 |
415 ILCS 5/Tit. XVII-A heading new |
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415 ILCS 5/58a-1 new |
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415 ILCS 5/58a-2 new |
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415 ILCS 5/58a-3 new |
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415 ILCS 5/58a-4 new |
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415 ILCS 5/58a-5 new |
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415 ILCS 5/58a-6 new |
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415 ILCS 5/58a-7 new |
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415 ILCS 5/58a-8 new |
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415 ILCS 115/Act rep. |
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Amends the Environmental Protection Act. In a Section prescribing standards for granting local siting approval for a pollution control facility, requires those facilities which are not exempt through non-conforming use and other specified exemptions to be in compliance with the applicable land use restrictions in effect as of the date the application for siting approval is filed. Authorizes the Agency to impose a Response Action Land Use Control(RALUC) on real property for land use limitations or requirements related to environmental contamination. Provides that activities or uses that may be limited or required include, but are not limited to, prohibition of the use of groundwater for potable purposes, restriction to industrial or commercial uses, operation or maintenance of engineered barriers, and worker safety plans. Sets forth circumstances in which RALUCs may be used. Prohibits property for which a RALUC has been issued from being used in a manner inconsistent with any land use controls in the RALUC. Provides that a RALUC shall remain in effect in perpetuity unless modified or terminated by the Agency. Sets forth certain elements that must be contained in a RALUC. Requires the RALUC to be recorded in the Office of the Recorder or Registrar of Titles for the county in which the property that is the subject of the RALUC is located. Authorizes civil actions for injunctive or other equitable relief for violation of a RALUC to be maintained by the Agency, State, U.S. Environmental Protection Agency, a municipality or other unit of local government where the real property subject to the RALUC is located, any person to whom the RALUC expressly grants power to enforce, and any person whose interest in the real property or whose collateral or liability may be affected by the alleged violation of the RALUC. Repeals the Illinois Pollution Prevention Act. Makes other changes. Effective immediately.
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A BILL FOR
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SB2982 |
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LRB094 19094 RSP 54604 b |
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| AN ACT concerning safety.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Environmental Protection Act is amended by | 5 |
| changing Section 39.2, and by adding the heading of Title | 6 |
| XVII-A and Sections 58a-1, 58a-2, 58a-3, 58a-4, 58a-5, 58a-6, | 7 |
| 58a-7, and 58a-8, as follows:
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| (415 ILCS 5/39.2) (from Ch. 111 1/2, par. 1039.2)
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| Sec. 39.2. Local siting review.
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| (a) The county board of the county or the governing body of | 11 |
| the
municipality, as determined by paragraph (c) of Section 39 | 12 |
| of this Act, shall
approve or disapprove the request for local | 13 |
| siting approval for each pollution
control facility which is | 14 |
| subject to such review. An applicant for local
siting approval | 15 |
| shall submit sufficient details describing the proposed
| 16 |
| facility to demonstrate compliance, and local siting approval | 17 |
| shall be granted
only if the proposed facility meets the | 18 |
| following criteria:
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| (i) the facility is necessary to accommodate the waste | 20 |
| needs of the area
it is intended to serve;
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| (ii) the facility is so designed, located and proposed | 22 |
| to be operated
that the public health, safety and welfare | 23 |
| will be protected;
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| (iii) the facility is located so as to minimize | 25 |
| incompatibility with the
character of the surrounding area | 26 |
| and to minimize the effect on the value of
the surrounding | 27 |
| property;
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| (iv) (A) for a facility other than a sanitary landfill | 29 |
| or waste disposal
site, the facility is located outside the | 30 |
| boundary of the 100 year flood plain
or the site is | 31 |
| flood-proofed; (B) for a facility that is a sanitary | 32 |
| landfill
or waste disposal site, the facility is located |
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| outside the boundary of the
100-year floodplain, or if the | 2 |
| facility is a facility described in subsection
(b)(3) of | 3 |
| Section 22.19a, the site is flood-proofed;
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| (v) the plan of operations for the facility is designed | 5 |
| to minimize
the danger to the surrounding area from fire, | 6 |
| spills, or other operational
accidents;
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| (vi) the traffic patterns to or from the facility are | 8 |
| so designed as to
minimize the impact on existing traffic | 9 |
| flows;
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| (vii) if the facility will be treating, storing or | 11 |
| disposing of
hazardous waste, an emergency response plan | 12 |
| exists for the facility which
includes notification, | 13 |
| containment and evacuation procedures to be used in
case of | 14 |
| an accidental release;
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| (viii) if the facility is to be located in a county | 16 |
| where the county
board has adopted a solid waste management | 17 |
| plan consistent with the planning
requirements of the Local | 18 |
| Solid Waste Disposal Act or the Solid Waste Planning
and | 19 |
| Recycling Act, the facility is
consistent with that plan; | 20 |
| for purposes of this criterion (viii), the "solid waste | 21 |
| management plan" means the plan that is in effect as of the | 22 |
| date the application for siting approval is filed; and
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| (ix) if the facility will be located within a regulated | 24 |
| recharge area,
any applicable requirements specified by | 25 |
| the Board for such areas have been
met ; and | 26 |
| (x) if the facility is subject to the location | 27 |
| restrictions in Section 22.14 of this Act, the facility is | 28 |
| in compliance with the applicable land use restrictions in | 29 |
| effect for that facility as of the date the application for | 30 |
| siting approval is filed .
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| The county board or the governing body of the municipality | 32 |
| may also
consider as evidence the previous operating experience | 33 |
| and past record of
convictions or admissions of violations of | 34 |
| the applicant (and any subsidiary
or parent corporation) in the | 35 |
| field of solid waste management when
considering criteria (ii) | 36 |
| and (v) under this Section.
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| (b) No later than 14 days before the date on which the | 2 |
| county board or
governing body of the municipality receives a | 3 |
| request for
site approval, the applicant shall cause written | 4 |
| notice
of such request to be served either in person or by | 5 |
| registered mail, return
receipt requested, on the owners of all | 6 |
| property within the subject area not
solely owned by the | 7 |
| applicant, and on the owners of all property within 250
feet in | 8 |
| each direction of the lot line of the subject property, said | 9 |
| owners
being such persons or entities which appear from the | 10 |
| authentic tax records of
the County in which such facility is | 11 |
| to be located; provided, that the number
of all feet occupied | 12 |
| by all public roads, streets, alleys and other public ways
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| shall be excluded in computing the 250 feet requirement; | 14 |
| provided further, that
in no event shall this requirement | 15 |
| exceed 400 feet, including public streets,
alleys and other | 16 |
| public ways.
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| Such written notice shall also be served upon members of | 18 |
| the General Assembly
from the legislative district in which the | 19 |
| proposed facility is located
and shall be published in a | 20 |
| newspaper of general circulation published in
the county in | 21 |
| which the site is located.
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| Such notice shall state the name and address of the | 23 |
| applicant, the location
of the proposed site, the nature and | 24 |
| size of the development, the nature of the
activity proposed, | 25 |
| the probable life of the proposed activity, the date when
the | 26 |
| request for site approval will be submitted, and a description | 27 |
| of the right
of persons to comment on such request as hereafter | 28 |
| provided.
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| (c) An applicant shall file a copy of its request with the | 30 |
| county board
of the county or the governing body of the | 31 |
| municipality in which the proposed
site is located. The request | 32 |
| shall include (i) the substance of the
applicant's proposal and | 33 |
| (ii) all documents, if any, submitted as of that date
to the | 34 |
| Agency pertaining to the proposed facility, except trade | 35 |
| secrets as
determined under Section 7.1 of this Act. All such | 36 |
| documents or other
materials on file with the county board or |
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| governing body of the municipality
shall be made available for | 2 |
| public inspection at the office of the county board
or the | 3 |
| governing body of the municipality and may be copied upon | 4 |
| payment of the
actual cost of reproduction.
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| Any person may file written comment with the county board | 6 |
| or governing
body of the municipality concerning the | 7 |
| appropriateness of the proposed
site for its intended purpose. | 8 |
| The county board or governing body of the
municipality shall | 9 |
| consider any comment received or postmarked not later
than 30 | 10 |
| days after the date of the last public hearing.
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| (d) At least one public hearing is to be held by the county | 12 |
| board or
governing body of the municipality no sooner than 90 | 13 |
| days but no later than
120 days after the date on which it | 14 |
| received the
request for site approval. No later than 14 days | 15 |
| prior to such hearing,
notice shall be published in a newspaper | 16 |
| of general circulation published in
the county of the proposed | 17 |
| site, and delivered by certified mail to all members
of the | 18 |
| General Assembly from the district in which the proposed site | 19 |
| is
located, to the governing authority of every municipality | 20 |
| contiguous to the
proposed site or contiguous to the | 21 |
| municipality in which the proposed site is
to be located, to | 22 |
| the county board of the county where the proposed site is to
be | 23 |
| located, if the proposed site is located within the boundaries | 24 |
| of a
municipality, and to the Agency. Members or | 25 |
| representatives of the governing
authority of a municipality | 26 |
| contiguous to the proposed site or contiguous to
the | 27 |
| municipality in which the proposed site is to be located and, | 28 |
| if the
proposed site is located in a municipality, members or | 29 |
| representatives of the
county board of a county in which the | 30 |
| proposed site is to be located may appear
at and participate in | 31 |
| public hearings held pursuant to this Section. The
public | 32 |
| hearing shall develop a record sufficient to form the basis of | 33 |
| appeal
of the decision in accordance with Section 40.1 of this | 34 |
| Act. The fact that a
member of the county board or governing | 35 |
| body of the municipality has publicly
expressed an opinion on | 36 |
| an issue related to a site review proceeding shall not
preclude |
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| the member from taking part in the proceeding and voting on the | 2 |
| issue.
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| (e) Decisions of the county board or governing body of the | 4 |
| municipality
are to be in writing, specifying the reasons for | 5 |
| the decision, such reasons
to be in conformance with subsection | 6 |
| (a) of this Section. In granting approval
for a site the county | 7 |
| board or governing body of the municipality may impose
such | 8 |
| conditions as may be reasonable and necessary to accomplish the | 9 |
| purposes
of this Section and as are not inconsistent with | 10 |
| regulations promulgated
by the Board. Such decision shall be | 11 |
| available for public inspection at
the office of the county | 12 |
| board or governing body of the municipality and
may be copied | 13 |
| upon payment of the actual cost of reproduction. If there is
no | 14 |
| final action by the county board or governing body of the | 15 |
| municipality
within 180 days after the date on which it | 16 |
| received the
request for site approval, the applicant may deem | 17 |
| the request approved.
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| At any time prior to completion by the applicant of the | 19 |
| presentation of
the applicant's factual evidence and an | 20 |
| opportunity for cross-questioning
by the county board or | 21 |
| governing body of the municipality and any participants,
the | 22 |
| applicant may file not more than one amended application upon | 23 |
| payment
of additional fees pursuant to subsection (k); in which | 24 |
| case the time
limitation for final action set forth in this | 25 |
| subsection (e) shall
be extended for an additional period of 90 | 26 |
| days.
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| If, prior to making a final local siting decision, a county | 28 |
| board or
governing body of a municipality has negotiated and | 29 |
| entered into a host
agreement with the local siting applicant, | 30 |
| the terms and conditions of
the host agreement, whether written | 31 |
| or oral, shall be disclosed and made
a part of the hearing | 32 |
| record for that local siting proceeding.
In the case of an oral | 33 |
| agreement, the disclosure shall be made in the form
of a | 34 |
| written summary jointly prepared and submitted by the county | 35 |
| board or
governing body of the municipality and the siting | 36 |
| applicant and shall describe
the terms and conditions of the |
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| oral agreement.
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| (e-5) Siting approval obtained pursuant to this Section is | 3 |
| transferable
and may be transferred to a subsequent owner or | 4 |
| operator. In the event that
siting approval has been | 5 |
| transferred to a subsequent owner or operator, that
subsequent | 6 |
| owner or operator assumes and takes subject to any and all
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| conditions imposed upon the prior owner or operator by the | 8 |
| county board of
the county or governing body of the | 9 |
| municipality pursuant to subsection (e).
However, any such | 10 |
| conditions imposed pursuant to this Section may be modified
by | 11 |
| agreement between the subsequent owner or operator and the | 12 |
| appropriate
county board or governing body. Further, in the | 13 |
| event that siting approval
obtained pursuant to this Section | 14 |
| has been transferred to a subsequent owner or
operator, that | 15 |
| subsequent owner or operator assumes all rights and obligations
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| and takes the facility subject to any and all terms and | 17 |
| conditions of any
existing host agreement between the prior | 18 |
| owner or operator and the appropriate
county board or governing | 19 |
| body.
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| (f) A local siting approval granted under this Section | 21 |
| shall expire at
the end of 2 calendar years from the date upon | 22 |
| which it was granted, unless
the local siting approval granted | 23 |
| under this Section is for a sanitary landfill
operation, in | 24 |
| which case the approval shall expire at the end of 3 calendar
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| years from the date upon which it was granted, and unless | 26 |
| within that period
the applicant has made application to the | 27 |
| Agency for a
permit to develop the site. In the event that the | 28 |
| local siting decision has
been appealed, such expiration period | 29 |
| shall be deemed to begin on the date
upon which the appeal | 30 |
| process is concluded.
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| Except as otherwise provided in this subsection, upon the | 32 |
| expiration
of a development permit under subsection (k) of | 33 |
| Section 39, any associated
local siting approval granted for | 34 |
| the facility under this Section shall also
expire.
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| If a first development permit for a municipal waste | 36 |
| incineration
facility expires under subsection (k) of Section |
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| 39 after September 30,
1989 due to circumstances beyond the | 2 |
| control of the applicant, any
associated local siting approval | 3 |
| granted for the facility under this
Section may be used to | 4 |
| fulfill the local siting approval requirement upon
application | 5 |
| for a second development permit for the same site, provided
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| that the proposal in the new application is materially the | 7 |
| same, with respect
to the criteria in subsection (a) of this | 8 |
| Section, as the proposal that
received the original siting | 9 |
| approval, and application for the second
development permit is | 10 |
| made before January 1, 1990.
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| (g) The siting approval procedures, criteria and appeal | 12 |
| procedures
provided for in this Act for new pollution control | 13 |
| facilities
shall be the exclusive siting procedures and rules | 14 |
| and appeal procedures
for facilities subject to such | 15 |
| procedures. Local zoning or other local land
use requirements | 16 |
| shall not be applicable to such siting decisions.
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| (h) Nothing in this Section shall apply to any existing or | 18 |
| new
pollution control facility located within the corporate | 19 |
| limits of
a municipality with a population of over 1,000,000.
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| (i) (Blank.)
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| The Board shall adopt regulations establishing the | 22 |
| geologic and
hydrologic siting criteria necessary to protect | 23 |
| usable groundwater
resources which are to be followed by the | 24 |
| Agency in its review of permit
applications for new pollution | 25 |
| control facilities. Such
regulations, insofar as they apply to | 26 |
| new pollution control
facilities authorized to store, treat or | 27 |
| dispose of any hazardous waste,
shall be at least as stringent | 28 |
| as the requirements of the Resource
Conservation and Recovery | 29 |
| Act and any State or federal regulations adopted
pursuant | 30 |
| thereto.
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| (j) Any new pollution control facility which has never | 32 |
| obtained local
siting approval under the provisions of this | 33 |
| Section shall be required to
obtain such approval after a final | 34 |
| decision on an appeal of a permit denial.
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| (k) A county board or governing body of a municipality may | 36 |
| charge
applicants for siting review under this Section a |
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| reasonable fee to cover
the reasonable and necessary costs | 2 |
| incurred by such county or municipality
in the siting review | 3 |
| process.
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| (l) The governing Authority as determined by subsection (c) | 5 |
| of Section
39 of this Act may request the Department of | 6 |
| Transportation to perform
traffic impact studies of proposed or | 7 |
| potential locations for required
pollution control facilities.
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| (m) An applicant may not file a request for local siting | 9 |
| approval which is
substantially the same as a request which was | 10 |
| disapproved pursuant to a
finding against the applicant under | 11 |
| any of criteria (i) through (ix) of
subsection (a) of this | 12 |
| Section within the preceding 2 years.
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| (n) In any review proceeding of a decision of the county | 14 |
| board or
governing body of a municipality made pursuant to the | 15 |
| local
siting review process, the petitioner in the review | 16 |
| proceeding shall pay to
the county or municipality the cost of | 17 |
| preparing and certifying the record
of proceedings. Should the | 18 |
| petitioner in the review proceeding fail to make
payment, the | 19 |
| provisions of Section 3-109 of the Code of Civil
Procedure | 20 |
| shall apply.
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| In the event the petitioner is a citizens' group that | 22 |
| participated in the
siting proceeding and is so located as to | 23 |
| be affected by the proposed
facility, such petitioner shall be | 24 |
| exempt from paying the costs of
preparing and certifying the | 25 |
| record.
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| (o) Notwithstanding any other provision of this Section, a | 27 |
| transfer
station used exclusively for landscape waste, where | 28 |
| landscape waste is held
no longer than 24 hours from the time | 29 |
| it was received, is not subject to the
requirements of local | 30 |
| siting approval under this Section, but is subject only
to | 31 |
| local zoning approval.
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| (Source: P.A. 94-591, eff. 8-15-05.)
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| (415 ILCS 5/Tit. XVII-A heading new)
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| TITLE XVII-A: RESPONSE ACTION LAND USE CONTROLS |
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| (415 ILCS 5/58a-1 new)
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| Sec. 58a-1. Intent. It is the intent of this Title to | 3 |
| establish a system for implementing environmental controls | 4 |
| relative to the use of land in situations where Title XVII of | 5 |
| this Act does not apply, and to assure that environmental | 6 |
| controls necessary to protect human health and the environment | 7 |
| relative to present and future uses of the site will remain in | 8 |
| place as necessary to protect human health and the environment | 9 |
| from contamination remaining on the site. | 10 |
| (415 ILCS 5/58a-2 new)
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| Sec. 58a-2. Applicability. | 12 |
| (a) A Response Action Land Use Control (RALUC) is an | 13 |
| institutional control that may be used under this Title to | 14 |
| impose land use limitations or requirements related to | 15 |
| environmental contamination. | 16 |
| (b) RALUCs are effective only when approved by the Agency | 17 |
| in accordance with this Title. Activities or uses that may be | 18 |
| limited or required include, but are not limited to, | 19 |
| prohibition of the use of groundwater for potable purposes, | 20 |
| restriction to industrial or commercial uses, operation or | 21 |
| maintenance of engineered barriers, and worker safety plans. | 22 |
| (c) RALUCs may be used in the following circumstances: | 23 |
| (1) when No Further Remediation Letters and | 24 |
| Environmental Land Use Controls are not available under the | 25 |
| program for which a person is undergoing remediation; | 26 |
| (2) when No Further Remediation Letters and | 27 |
| Environmental Land Use Controls cannot be issued by the | 28 |
| program for which a person is undergoing remediation, such | 29 |
| as when remediation efforts have not or will not reach | 30 |
| remediation objectives specified in 35 Ill. Adm. Code 742; | 31 |
| (3) by the Agency on any abandoned property in the | 32 |
| course of conducting preventative, corrective, or remedial | 33 |
| response action whenever necessary or appropriate to | 34 |
| manage risk to human health or the environment arising from | 35 |
| contamination remaining at the property; |
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| (4) when an order is issued by the Agency, the Board, | 2 |
| or a court of competent jurisdiction under the | 3 |
| Environmental Protection Act with respect to real property | 4 |
| that is the subject of a response action or a corrective | 5 |
| action; or | 6 |
| (5) when an order is issued by the U.S. Environmental | 7 |
| Protection Agency or a court of competent jurisdiction | 8 |
| under the Comprehensive Environmental Response, | 9 |
| Compensation and Liability Act of 1980, as amended, or the | 10 |
| Resource Conservation and Recovery Act of 1976, as amended, | 11 |
| with respect to real property that is the subject of a | 12 |
| response action or a corrective action. | 13 |
| (415 ILCS 5/58a-3 new)
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| Sec. 58a-3. Prohibition. No person shall use any real | 15 |
| property for which a RALUC has been issued under this Title in | 16 |
| a manner inconsistent with any land use controls in the RALUC. | 17 |
| (415 ILCS 5/58a-4 new)
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| Sec. 58a-4. Effect and duration. | 19 |
| (a) Except as provided in this Section, a RALUC shall | 20 |
| remain in effect in perpetuity. | 21 |
| (b) A RALUC may be modified or terminated, but only if the | 22 |
| Agency has approved the modification or termination or the | 23 |
| order under which the RALUC was issued has been amended to | 24 |
| provide for the modification or termination of the RALUC. The | 25 |
| modification or termination of the RALUC shall not be effective | 26 |
| until recorded in accordance with Section 58a-6 of this Act. | 27 |
| (c) Except as provided in subsection (b) of this Section, a | 28 |
| RALUC may not be extinguished, limited, or impaired through | 29 |
| issuance of a tax deed, foreclosure of a tax lien, or | 30 |
| application of the doctrine of adverse possession, | 31 |
| prescription, abandonment, waiver, lack of enforcement, or | 32 |
| acquiescence, or a similar doctrine. | 33 |
| (415 ILCS 5/58a-5 new)
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| Sec. 58a-5. Contents. A RALUC submitted to the Agency must | 2 |
| contain the following elements: | 3 |
| (1) the name of the property owners and a declaration | 4 |
| of property ownership; | 5 |
| (2) identification of the property to which the RALUC | 6 |
| applies by common address, legal description, and the Real | 7 |
| Estate Tax Property Index Number; | 8 |
| (3) a reference to the Agency identification numbers | 9 |
| under which the remediation was conducted; | 10 |
| (4) a statement of the reason for the land use | 11 |
| limitation or requirement relative to protecting human | 12 |
| health and the surrounding environment from soil, | 13 |
| groundwater, or other environmental contamination; | 14 |
| (5) the language instituting the land use limitations | 15 |
| or requirements; | 16 |
| (6) a statement that the limitations or requirements | 17 |
| apply to the current owners, occupants, and all heirs, | 18 |
| successors, assigns, and lessees; | 19 |
| (7) a statement that the limitations or requirements | 20 |
| apply in perpetuity, subject to the modification or | 21 |
| termination provisions of Section 58a-4 of this Act; | 22 |
| (8) scaled site maps showing: | 23 |
| (i) the legal boundary of the property to which the | 24 |
| RALUC applies; | 25 |
| (ii) the horizontal and vertical extent of | 26 |
| contaminants of concern above applicable remediation | 27 |
| objectives for soil and groundwater to which the RALUC | 28 |
| applies; | 29 |
| (iii) any physical features to which a RALUC | 30 |
| applies, such as engineered barriers, or monitoring | 31 |
| wells; and | 32 |
| (iv) the nature, location of the source, and | 33 |
| direction of movement of the contaminants of concern;
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| (9) a statement that any information regarding the | 35 |
| remediation performed on the property for which the RALUC | 36 |
| is necessary may be obtained from the Agency through a |
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| request under the Freedom of Information Act and rules | 2 |
| promulgated thereunder; and
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| (10) the dated, notarized signatures of the property | 4 |
| owners or authorized agent of the property subject to the | 5 |
| RALUC, except when the Agency is conducting preventative, | 6 |
| corrective, or remedial response action in accordance with | 7 |
| Section 58a-2(c)(3) of this Title.
| 8 |
| (415 ILCS 5/58a-6 new)
| 9 |
| Sec. 58a-6. Recordation. A RALUC approved by the Agency | 10 |
| under this Title must be recorded in the Office of the Recorder | 11 |
| or Registrar of Titles for the county in which the property | 12 |
| that is the subject of the RALUC is located. A copy of the | 13 |
| RALUC demonstrating that it has been recorded must be submitted | 14 |
| to the Agency within 30 days after recordation. A RALUC | 15 |
| approved under this Title shall not become effective until | 16 |
| officially recorded in the chain of title for the real property | 17 |
| that is the subject of the RALUC. | 18 |
| (415 ILCS 5/58a-7 new)
| 19 |
| Sec. 58a-7. Enforcement. A civil action for injunctive or | 20 |
| other equitable relief, including penalties under the order | 21 |
| under which the RALUC was issued, for violation of a RALUC may | 22 |
| be maintained by: | 23 |
| (1) the Agency or the State of Illinois; | 24 |
| (2) the U.S. Environmental Protection Agency; | 25 |
| (3) a municipality or other unit of local government | 26 |
| where the real property subject to the RALUC is located; | 27 |
| (4) any person to whom the RALUC expressly grants power | 28 |
| to enforce; or
| 29 |
| (5) any person whose interest in the real property or | 30 |
| whose collateral or liability may be affected by the | 31 |
| alleged violation of the RALUC.
| 32 |
| (415 ILCS 5/58a-8 new)
| 33 |
| Sec. 58a-8. Validity and effect on other instruments. |
|
|
|
SB2982 |
- 13 - |
LRB094 19094 RSP 54604 b |
|
| 1 |
| (a) A RALUC that complies with this Title runs with the | 2 |
| land. | 3 |
| (b) A RALUC that is otherwise effective is valid and | 4 |
| enforceable even if: | 5 |
| (1) it is not appurtenant to an interest in real | 6 |
| property; | 7 |
| (2) it can be or has been assigned to a person other | 8 |
| than the original holder (grantee of the RALUC); | 9 |
| (3) it is not of a character that has been recognized | 10 |
| traditionally at common law; | 11 |
| (4) it imposes a negative burden; | 12 |
| (5) it imposes an affirmative obligation on a person | 13 |
| having an interest in the real property or on the holder; | 14 |
| (6) the benefit or burden does not touch or concern the | 15 |
| real property; | 16 |
| (7) there is no privity of estate or contract; | 17 |
| (8) the holder dies, ceases to exist, resigns, or is | 18 |
| replaced; or | 19 |
| (9) the owner of an interest subject to the RALUC and | 20 |
| the holder are the same person.
| 21 |
| (415 ILCS 115/Act rep.)
| 22 |
| Section 10. The Illinois Pollution Prevention Act is | 23 |
| repealed.
| 24 |
| Section 99. Effective date. This Act takes effect upon | 25 |
| becoming law.
|
|