Full Text of HJR0039 96th General Assembly
HJ0039 96TH GENERAL ASSEMBLY
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| HOUSE JOINT RESOLUTION
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| WHEREAS, In 1993, Public Act 88-496 established the Leaking | 3 |
| Underground Storage Tank (LUST) program; and | 4 |
| WHEREAS, The purpose of the LUST program is, in accordance | 5 |
| with the requirements of the Federal Hazardous and Solid Waste | 6 |
| Amendments of 1984 of the Resource Conservation and Recovery | 7 |
| Act of 1976 and in accordance with the State's interest to | 8 |
| protect the environment, to establish procedures for the | 9 |
| remediation of environmental contamination caused by leaking | 10 |
| underground storage tanks; to oversee and review any required | 11 |
| remediation of sites containing those tanks; to establish an | 12 |
| Underground Storage Tank Fund to satisfy the financial | 13 |
| responsibility requirements imposed by federal and State laws | 14 |
| and regulations; and to establish procedures for persons | 15 |
| eligible to seek payment from the Fund for costs associated | 16 |
| with remediation; and
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| WHEREAS, Illinois motor fuel taxes and environmental | 18 |
| impact fees have financed the Fund; and
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| WHEREAS, Over the course of its operation, the Fund has | 20 |
| paid over $1 billion for eligible environmental clean-ups; and
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| WHEREAS, During this period, the Fund has experienced |
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| funding shortages that have required applicants for | 2 |
| reimbursement to wait up to 18 months for payment; and
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| WHEREAS, There is currently a backlog of unpaid claims | 4 |
| totaling $62 million; and
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| WHEREAS, If the Fund is not solvent, Illinois tank owners | 6 |
| and operators will be forced to find more costly methods to | 7 |
| satisfy their financial responsibility obligations under | 8 |
| federal and State laws and regulations; and
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| WHEREAS, The Illinois Environmental Protection Agency | 10 |
| estimates under the current system a future liability of $864 | 11 |
| million to clean-up a projected 6500 leaking underground | 12 |
| storage tank sites in Illinois over the next 20 years; and
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| WHEREAS, Under the current system, the existing funding | 14 |
| sources will not be sufficient to keep up with the costs; and
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| WHEREAS, The cost of an average environmental clean-up in | 16 |
| Illinois has steadily risen in recent years to the point where | 17 |
| the cost of an environmental clean-up in Illinois is | 18 |
| significantly higher than in other states; and
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| WHEREAS, The General Assembly finds that it is necessary to | 20 |
| form a Task Force to study the significant problems that the |
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| Fund currently faces; therefore, be it
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| RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE | 3 |
| NINETY-SIXTH GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, THE | 4 |
| SENATE CONCURRING HEREIN, that there is created an Underground | 5 |
| Storage Tank Task Force to study the significant problems that | 6 |
| the Underground Storage Tank Fund faces and to suggest a new | 7 |
| approach to determine how moneys in the Fund will be used to | 8 |
| pay for corrective action costs in addressing petroleum | 9 |
| releases at sites and to study ways to monitor and control the | 10 |
| costs of environmental clean-up in Illinois; and be it further
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| RESOLVED, That the Task Force shall consist of 11 members | 12 |
| appointed as follows: | 13 |
| (1) One person appointed by the Speaker of the House, | 14 |
| who shall serve as cochairman of the Task Force; | 15 |
| (2) One person appointed by the Minority Leader of the | 16 |
| House;
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| (3) One person appointed by the President of the | 18 |
| Senate, who shall serve as cochairman of the Task Force; | 19 |
| (4) One person appointed by the Minority Leader of the | 20 |
| Senate; | 21 |
| (5) The Director of the Illinois Environmental | 22 |
| Protection Agency, or his or her representative; | 23 |
| (6) One person representing the Office of the State | 24 |
| Fire Marshall; |
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| (7) One person, designated by the President of a | 2 |
| petroleum marketers' association in Illinois; | 3 |
| (8) One person, designated by the Director, of a | 4 |
| petroleum council in Illinois; | 5 |
| (9) One person, designated by the Director, of an | 6 |
| association of petroleum and environmental engineers in | 7 |
| Illinois; | 8 |
| (10) One person, designated by the Director, of an | 9 |
| association of convenience stores in Illinois;
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| (11) One person, designated by the Director, of a | 11 |
| council of engineering companies in Illinois; and be it | 12 |
| further | 13 |
| RESOLVED, That the Illinois Environmental Protection | 14 |
| Agency shall provide staff and support for the Task Force; and | 15 |
| be it further
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| RESOLVED, That the members of the Task Force shall receive | 17 |
| no compensation for serving as members of the Task Force; and | 18 |
| be it further
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| RESOLVED, That the Task Force shall make its | 20 |
| recommendations on proposed solutions to the significant | 21 |
| problems facing the Leaking Underground Storage Tank program | 22 |
| and Fund and shall submit a report of its findings to the | 23 |
| Governor and the General Assembly by December 31, 2009.
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