Full Text of HB4021 96th General Assembly
HB4021eng 96TH GENERAL ASSEMBLY
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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 Sections 25d-1, 25d-2, and 25d-3 as follows: | 6 |
| (415 ILCS 5/25d-1) | 7 |
| Sec. 25d-1. Definitions. For the purposes of this Title, | 8 |
| the terms "community water system", "non-community water | 9 |
| system", "potable", "private water system", and "semi-private | 10 |
| water system" have the meanings ascribed to them in the | 11 |
| Illinois Groundwater Protection Act. For the purposes of this | 12 |
| Title, the term "soil gas" means the air existing in void | 13 |
| spaces in the soil between the groundwater table and the ground | 14 |
| surface.
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| (Source: P.A. 94-314, eff. 7-25-05.) | 16 |
| (415 ILCS 5/25d-2) | 17 |
| Sec. 25d-2. Contaminant evaluation. The Agency shall | 18 |
| evaluate releases of contaminants whenever it determines that | 19 |
| the extent of soil , soil gas, or groundwater contamination may | 20 |
| extend beyond the boundary of the site where the release | 21 |
| occurred. The Agency shall take appropriate actions in response | 22 |
| to the release, which may include, but shall not be limited to, |
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| public notices, investigations, administrative orders under | 2 |
| Sections 22.2d or 57.12(d) of this Act, and enforcement | 3 |
| referrals. Except as provided in Section 25d-3 of this Act, for | 4 |
| releases undergoing investigation or remediation under Agency | 5 |
| oversight the Agency may determine that no further action is | 6 |
| necessary to comply with this Section.
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| (Source: P.A. 94-314, eff. 7-25-05.) | 8 |
| (415 ILCS 5/25d-3) | 9 |
| Sec. 25d-3. Notices.
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| (a) Beginning January 1, 2006, if the Agency determines | 11 |
| that: | 12 |
| (1) Soil contamination beyond the boundary of the site | 13 |
| where the release occurred , soil gas contamination beyond | 14 |
| the boundary of the site where the release occurred, or | 15 |
| both pose poses a threat of exposure to the public above | 16 |
| the appropriate Tier 1 remediation objectives, based on the | 17 |
| current use of the off-site property, adopted by the Board | 18 |
| under Title XVII of this Act, the Agency shall give notice | 19 |
| of the threat to the owner of the contaminated property; or | 20 |
| (2) Groundwater contamination poses a threat of | 21 |
| exposure to the public above the Class I groundwater | 22 |
| quality standards adopted by the Board under this Act and | 23 |
| the Groundwater Protection Act, the Agency shall give | 24 |
| notice of the threat to the following: | 25 |
| (A) for any private, semi-private, or |
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| non-community water system, the owners of the | 2 |
| properties served by the system; and | 3 |
| (B) for any community water system, the owners and | 4 |
| operators of the system. | 5 |
| The Agency's determination must be based on the credible, | 6 |
| scientific information available to it, and the Agency is not | 7 |
| required to perform additional investigations or studies | 8 |
| beyond those required by applicable federal or State laws. | 9 |
| (b) Beginning January 1, 2006, if any of the following | 10 |
| actions occur: (i) the Agency refers a matter for enforcement | 11 |
| under Section 43(a) of this Act; (ii) the Agency issues a seal | 12 |
| order under Section 34 of this Act; or (iii) the Agency, the | 13 |
| United States Environmental Protection Agency (USEPA), or a | 14 |
| third party under Agency or USEPA oversight performs an | 15 |
| immediate removal under the federal Comprehensive | 16 |
| Environmental Response, Compensation, and Liability Act, as | 17 |
| amended, then, within 60 days after the action, the Agency must | 18 |
| give notice of the action to the owners of all property within | 19 |
| 2,500 feet of the subject contamination or any closer or | 20 |
| farther distance that the Agency deems appropriate under the | 21 |
| circumstances. Within 30 days after a request by the Agency, | 22 |
| the appropriate officials of the county in which the property | 23 |
| is located must provide to the Agency the names and addresses | 24 |
| of all property owners to whom the Agency is required to give | 25 |
| notice under this subsection (b), these owners being the | 26 |
| persons or entities that appear from the authentic tax records |
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| of the county.
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| (c) The methods by which the Agency gives the notices | 3 |
| required under this Section shall be determined in consultation | 4 |
| with members of the public and appropriate members of the | 5 |
| regulated community and may include, but shall not be limited | 6 |
| to, personal notification, public meetings, signs, electronic | 7 |
| notification, and print media. For sites at which a responsible | 8 |
| party has implemented a community relations plan, the Agency | 9 |
| may allow the responsible party to provide Agency-approved | 10 |
| notices in lieu of the notices required to be given by the | 11 |
| Agency. Notices issued under this Section may contain the | 12 |
| following information: | 13 |
| (1) the name and address of the site or facility where | 14 |
| the release occurred or is suspected to have occurred;
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| (2) the identification of the contaminant released or | 16 |
| suspected to have been released;
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| (3) information as to whether the contaminant was | 18 |
| released or suspected to have been released into the air, | 19 |
| land, or water;
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| (4) a brief description of the potential adverse health | 21 |
| effects posed by the contaminant;
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| (5) a recommendation that water systems with wells | 23 |
| impacted or potentially impacted by the contaminant be | 24 |
| appropriately tested; and
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| (6) the name, business address, and phone number of | 26 |
| persons at the Agency from whom additional information |
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| about the release or suspected release can be obtained.
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| (d) Any person who is a responsible party with respect to | 3 |
| the release or substantial threat of release for which notice | 4 |
| is given under this Section is liable for all reasonable costs | 5 |
| incurred by the State in giving the notice. All moneys received | 6 |
| by the State under this subsection (d) for costs related to | 7 |
| releases and substantial threats of releases of hazardous | 8 |
| substances, pesticides, and petroleum other than releases and | 9 |
| substantial threats of releases of petroleum from underground | 10 |
| storage tanks subject to Title XVI of this Act must be | 11 |
| deposited in and used for purposes consistent with the | 12 |
| Hazardous Waste Fund. All moneys received by the State under | 13 |
| this subsection (d) for costs related to releases and | 14 |
| substantial threats of releases of petroleum from underground | 15 |
| storage tanks subject to Title XVI of this Act must be | 16 |
| deposited in and used for purposes consistent with the | 17 |
| Underground Storage Tank Fund.
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| (Source: P.A. 94-314, eff. 7-25-05; 95-454, eff. 8-27-07.)
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| Section 99. Effective date. This Act takes effect upon | 20 |
| becoming law.
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