Full Text of SB3320 96th General Assembly
SB3320enr 96TH GENERAL ASSEMBLY
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SB3320 Enrolled |
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LRB096 19895 JDS 35355 b |
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| AN ACT concerning safety.
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| Be it enacted by the People of the State of Illinois, | 3 |
| represented in the General Assembly:
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| Section 5. The Environmental Protection Act is amended by | 5 |
| changing Sections 57.7, 57.9, 57.11, and 57.13 and by adding | 6 |
| Sections 57.18 and 57.19 as follows: | 7 |
| (415 ILCS 5/57.7) | 8 |
| Sec. 57.7. Leaking underground storage tanks; site | 9 |
| investigation and
corrective action. | 10 |
| (a) Site investigation. | 11 |
| (1) For any site investigation activities required by | 12 |
| statute or rule,
the owner or operator shall submit to the | 13 |
| Agency for approval a site
investigation plan designed to | 14 |
| determine the nature, concentration, direction
of | 15 |
| movement, rate of movement, and extent of the contamination | 16 |
| as well as the
significant physical features of the site | 17 |
| and surrounding area that may affect
contaminant transport | 18 |
| and risk to human health and safety and the environment. | 19 |
| (2) Any owner or operator intending to seek payment | 20 |
| from the Fund shall
submit to the Agency for approval a | 21 |
| site investigation budget that includes,
but is not limited | 22 |
| to, an accounting of all costs associated with the
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| implementation and completion of the site investigation |
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| plan. | 2 |
| (3) Remediation objectives for the applicable | 3 |
| indicator contaminants
shall be determined using the | 4 |
| tiered approach to corrective action objectives
rules | 5 |
| adopted by the Board pursuant to this Title and Title XVII | 6 |
| of this Act.
For the purposes of this Title, "Contaminant | 7 |
| of Concern" or "Regulated
Substance of Concern" in the | 8 |
| rules means the applicable indicator contaminants
set | 9 |
| forth in subsection (d) of this Section and the rules | 10 |
| adopted thereunder. | 11 |
| (4) Upon the Agency's approval of a site investigation | 12 |
| plan, or as
otherwise directed by the Agency, the owner or | 13 |
| operator shall conduct a site
investigation in accordance | 14 |
| with the plan. | 15 |
| (5) Within 30 days after completing the site | 16 |
| investigation, the owner
or operator shall submit to the | 17 |
| Agency for approval a site investigation
completion | 18 |
| report. At a minimum the report shall include all of the | 19 |
| following: | 20 |
| (A) Executive summary. | 21 |
| (B) Site history. | 22 |
| (C) Site-specific sampling methods and results. | 23 |
| (D) Documentation of all field activities, | 24 |
| including quality assurance. | 25 |
| (E) Documentation regarding the development of | 26 |
| proposed remediation
objectives. |
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| (F) Interpretation of results. | 2 |
| (G) Conclusions. | 3 |
| (b) Corrective action. | 4 |
| (1) If the site investigation confirms none of the | 5 |
| applicable indicator
contaminants exceed the proposed | 6 |
| remediation objectives, within 30 days after
completing | 7 |
| the site investigation the owner or operator shall submit | 8 |
| to the
Agency for approval a corrective action completion | 9 |
| report in accordance with
this Section. | 10 |
| (2) If any of the applicable indicator contaminants | 11 |
| exceed the
remediation objectives approved for the site, | 12 |
| within 30 days after the Agency
approves the site | 13 |
| investigation completion report the owner or operator | 14 |
| shall
submit to the Agency for approval a corrective action | 15 |
| plan designed to mitigate
any threat to human health, human | 16 |
| safety, or the environment resulting from the
underground | 17 |
| storage tank release. The plan shall describe the selected | 18 |
| remedy
and evaluate its ability and effectiveness to | 19 |
| achieve the remediation
objectives approved for the site. | 20 |
| At a minimum, the report shall include all
of the | 21 |
| following: | 22 |
| (A) Executive summary. | 23 |
| (B) Statement of remediation objectives. | 24 |
| (C) Remedial technologies selected. | 25 |
| (D) Confirmation sampling plan. | 26 |
| (E) Current and projected future use of the |
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| property. | 2 |
| (F) Applicable preventive, engineering, and | 3 |
| institutional controls
including long-term | 4 |
| reliability, operating, and maintenance plans, and
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| monitoring procedures. | 6 |
| (G) A schedule for implementation and completion | 7 |
| of the plan. | 8 |
| (3) Any owner or operator intending to seek payment | 9 |
| from the Fund shall
submit to the Agency for approval a | 10 |
| corrective action budget that includes,
but is not limited | 11 |
| to, an accounting of all costs associated with the
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| implementation and completion of the corrective action | 13 |
| plan. | 14 |
| (4) Upon the Agency's approval of a corrective action | 15 |
| plan, or as
otherwise directed by the Agency, the owner or | 16 |
| operator shall proceed with
corrective action in | 17 |
| accordance with the plan. | 18 |
| (5) Within 30 days after the completion of a corrective | 19 |
| action plan that
achieves applicable remediation | 20 |
| objectives the owner or operator shall submit
to the Agency | 21 |
| for approval a corrective action completion report. The | 22 |
| report
shall demonstrate whether corrective action was | 23 |
| completed in accordance with
the approved corrective | 24 |
| action plan and whether the remediation objectives
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| approved for the site, as well as any other requirements of | 26 |
| the plan, have
been achieved. |
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| (6) If within 4 years after the approval of any | 2 |
| corrective action plan
the applicable remediation | 3 |
| objectives have not been achieved and the owner or
operator | 4 |
| has not submitted a corrective action completion report, | 5 |
| the owner or
operator must submit a status report for | 6 |
| Agency review. The status report must
include, but is not | 7 |
| limited to, a description of the remediation activities
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| taken to date, the effectiveness of the method of | 9 |
| remediation being used, the
likelihood of meeting the | 10 |
| applicable remediation objectives using the current
method | 11 |
| of remediation, and the date the applicable remediation | 12 |
| objectives are
expected to be achieved. | 13 |
| (7) If the Agency determines any approved corrective | 14 |
| action plan will
not achieve applicable remediation | 15 |
| objectives within a reasonable time, based
upon the method | 16 |
| of remediation and site specific circumstances, the Agency | 17 |
| may
require the owner or operator to submit to the Agency | 18 |
| for approval a revised
corrective action plan. If the owner | 19 |
| or operator intends to seek payment from
the Fund, the | 20 |
| owner or operator must also submit a revised budget. | 21 |
| (c) Agency review and approval. | 22 |
| (1) Agency approval of any plan and associated budget, | 23 |
| as described in
this subsection (c), shall be considered | 24 |
| final approval for purposes of
seeking and obtaining | 25 |
| payment from the Underground Storage Tank Fund if the
costs | 26 |
| associated with the completion of any such plan are less |
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| than or equal
to the amounts approved in such budget. | 2 |
| (2) In the event the Agency fails to approve, | 3 |
| disapprove, or modify any
plan or report submitted pursuant | 4 |
| to this Title in writing within 120 days
of the receipt by | 5 |
| 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 | 7 |
| rejected for
purposes of payment from the Underground | 8 |
| Storage Tank Fund. | 9 |
| (A) For purposes of those plans as identified in | 10 |
| paragraph (5) of this
subsection (c), the Agency's | 11 |
| review may be an audit procedure. Such review or
audit | 12 |
| shall be consistent with the procedure for such review | 13 |
| or audit as
promulgated by the Board under Section | 14 |
| 57.14. The Agency has the authority to
establish an | 15 |
| auditing program to verify compliance of such plans | 16 |
| with the
provisions of this Title. | 17 |
| (B) For purposes of corrective action plans | 18 |
| submitted pursuant to
subsection (b) of this Section | 19 |
| for which payment from the Fund is not being
sought, | 20 |
| the Agency need not take action on such plan until 120 | 21 |
| days after it
receives the corrective action | 22 |
| completion report required under subsection (b)
of | 23 |
| this Section. In the event the Agency approved the | 24 |
| plan, it shall proceed
under the provisions of this | 25 |
| subsection (c). | 26 |
| (3) In approving any plan submitted pursuant to |
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| subsection (a) or (b)
of this Section, the Agency shall | 2 |
| determine, by a procedure promulgated by
the Board under | 3 |
| Section 57.14, that the costs associated with the plan are
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| reasonable, will be incurred in the performance of site | 5 |
| investigation or
corrective action, and will not be used | 6 |
| for site investigation or corrective
action activities in | 7 |
| excess of those required to meet the minimum requirements
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| of this Title. | 9 |
| (A) For purposes of payment from the Fund, | 10 |
| corrective action activities required to meet the | 11 |
| minimum requirements of this Title shall include, but | 12 |
| not be limited to, the following use of the Board's | 13 |
| Tiered Approach to Corrective Action Objectives rules | 14 |
| adopted under Title XVII of this Act: | 15 |
| (i) For the site where the release occurred, | 16 |
| the use of Tier 2 remediation objectives that are | 17 |
| no more stringent than Tier 1 remediation | 18 |
| objectives. | 19 |
| (ii) The use of industrial/commercial property | 20 |
| remediation objectives, unless the owner or | 21 |
| operator demonstrates that the property being | 22 |
| remediated is residential property or being | 23 |
| developed into residential property. | 24 |
| (iii) The use of groundwater ordinances as | 25 |
| institutional controls in accordance with Board | 26 |
| rules. |
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| (iv) The use of on-site groundwater use | 2 |
| restrictions as institutional controls in | 3 |
| accordance with Board rules. | 4 |
| (B) Any bidding process adopted under Board rules | 5 |
| to determine the reasonableness of costs of corrective | 6 |
| action must provide for a publicly-noticed, | 7 |
| competitive, and sealed bidding process that includes, | 8 |
| at a minimum, the following: | 9 |
| (i) The owner or operator must issue | 10 |
| invitations for bids that include, at a minimum, a | 11 |
| description of the work being bid and applicable | 12 |
| contractual terms and conditions. The criteria on | 13 |
| which the bids will be evaluated must be set forth | 14 |
| in the invitation for bids. The criteria may | 15 |
| include, but shall not be limited to, criteria for | 16 |
| determining acceptability, such as inspection, | 17 |
| testing, quality, workmanship, delivery, and | 18 |
| suitability for a particular purpose. Criteria | 19 |
| that will affect the bid price and be considered in | 20 |
| the evaluation of a bid, such as discounts, shall | 21 |
| be objectively measurable. | 22 |
| (ii) At least 14 days prior to the date set in | 23 |
| the invitation for the opening of bids, public | 24 |
| notice of the invitation for bids must be published | 25 |
| in a local paper of general circulation for the | 26 |
| area in which the site is located. |
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| (iii) Bids must be opened publicly in the | 2 |
| presence of one or more witnesses at the time and | 3 |
| place designated in the invitation for bids. The | 4 |
| name of each bidder, the amount of each bid, and | 5 |
| other relevant information as specified in Board | 6 |
| rules must be recorded and submitted to the Agency | 7 |
| in the applicable budget. After selection of the | 8 |
| winning bid, the winning bid and the record of each | 9 |
| unsuccessful bid shall be open to public | 10 |
| inspection. | 11 |
| (iv) Bids must be unconditionally accepted | 12 |
| without alteration or correction. Bids must be | 13 |
| evaluated based on the requirements set forth in | 14 |
| the invitation for bids, which may include | 15 |
| criteria for determining acceptability, such as | 16 |
| inspection, testing, quality, workmanship, | 17 |
| delivery, and suitability for a particular | 18 |
| purpose. Criteria that will affect the bid price | 19 |
| and be considered in the evaluation of a bid, such | 20 |
| as discounts, shall be objectively measurable. The | 21 |
| invitation for bids shall set forth the evaluation | 22 |
| criteria to be used. | 23 |
| (v) Correction or withdrawal of inadvertently | 24 |
| erroneous bids before or after selection of the | 25 |
| winning bid, or cancellation of winning bids based | 26 |
| on bid mistakes, shall be allowed in accordance |
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| with Board rules. After bid opening, no changes in | 2 |
| bid prices or other provisions of bids prejudicial | 3 |
| to the owner or operator or fair competition shall | 4 |
| be allowed. All decisions to allow the correction | 5 |
| or withdrawal of bids based on bid mistakes shall | 6 |
| be supported by a written determination made by the | 7 |
| owner or operator. | 8 |
| (vi) The owner or operator shall select the | 9 |
| winning bid with reasonable promptness by written | 10 |
| notice to the lowest responsible and responsive | 11 |
| bidder whose bid meets the requirements and | 12 |
| criteria set forth in the invitation for bids. The | 13 |
| winning bid and other relevant information as | 14 |
| specified in Board rules must be recorded and | 15 |
| submitted to the Agency in the applicable budget. | 16 |
| (vii) All bidding documentation must be | 17 |
| retained by the owner or operator for a minimum of | 18 |
| 3 years after the costs bid are submitted in an | 19 |
| application for payment, except that documentation | 20 |
| relating to an appeal, litigation, or other | 21 |
| disputed claim must be maintained until at least 3 | 22 |
| years after the date of the final disposition of | 23 |
| the appeal, litigation, or other disputed claim. | 24 |
| All bidding documentation must be made available | 25 |
| to the Agency for inspection and copying during | 26 |
| normal business hours. |
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| (C) Any bidding process adopted under Board rules | 2 |
| to determine the reasonableness of costs of corrective | 3 |
| action shall (i) be optional and (ii) allow bidding | 4 |
| only if the owner or operator demonstrates that | 5 |
| corrective action cannot be performed for amounts less | 6 |
| than or equal to maximum payment amounts adopted by the | 7 |
| Board. | 8 |
| (4) For any plan or report received after June 24,
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| 2002, any action by the Agency to disapprove or modify a | 10 |
| plan submitted
pursuant to this Title shall be provided to | 11 |
| the owner or operator in writing
within 120 days of the | 12 |
| receipt by the Agency or, in the case of a site
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| investigation plan or corrective action plan for which | 14 |
| payment is not being
sought, within 120 days of receipt of | 15 |
| the site investigation completion report
or corrective | 16 |
| action completion report, respectively, and shall be | 17 |
| accompanied
by: | 18 |
| (A) an explanation of the Sections of this Act | 19 |
| which may be violated
if the plans were approved; | 20 |
| (B) an explanation of the provisions of the | 21 |
| regulations, promulgated
under this Act, which may be | 22 |
| violated if the plan were approved; | 23 |
| (C) an explanation of the specific type of | 24 |
| information, if any,
which the Agency deems the | 25 |
| applicant did not provide the Agency; and | 26 |
| (D) a statement of specific reasons why the Act and |
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| the regulations
might not be met if the plan were | 2 |
| approved. | 3 |
| Any action by the Agency to disapprove or modify a plan | 4 |
| or report or
the rejection of any plan or report by | 5 |
| operation of law shall be subject
to appeal to the Board in | 6 |
| accordance with the procedures of Section 40. If
the owner | 7 |
| or operator elects to incorporate modifications required | 8 |
| by the
Agency rather than appeal, an amended plan shall be | 9 |
| submitted to the Agency
within 35 days of receipt of the | 10 |
| Agency's written notification. | 11 |
| (5) For purposes of this Title, the term "plan" shall | 12 |
| include: | 13 |
| (A) Any site investigation plan submitted pursuant | 14 |
| to subsection (a)
of this Section; | 15 |
| (B) Any site investigation budget submitted | 16 |
| pursuant to subsection (a)
of this Section; | 17 |
| (C) Any corrective action plan submitted pursuant | 18 |
| to
subsection (b) of this Section; or | 19 |
| (D) Any corrective action plan budget submitted | 20 |
| pursuant to
subsection (b) of this Section. | 21 |
| (d) For purposes of this Title, the term "indicator | 22 |
| contaminant" shall
mean, unless and until the Board promulgates | 23 |
| regulations to the contrary, the
following: (i) if an | 24 |
| underground storage tank contains gasoline, the indicator
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| parameter shall be BTEX and Benzene; (ii) if the tank contained | 26 |
| petroleum
products consisting of middle distillate or heavy |
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| ends, then the indicator
parameter shall be determined by a | 2 |
| scan of PNA's taken from the location where
contamination is | 3 |
| most likely to be present; and (iii) if the tank contained
used | 4 |
| oil, then the indicator contaminant shall be those chemical | 5 |
| constituents
which indicate the type of petroleum stored in an | 6 |
| underground storage tank.
All references in this Title to | 7 |
| groundwater objectives shall mean Class I
groundwater | 8 |
| standards or objectives as applicable. | 9 |
| (e) (1) Notwithstanding the provisions of this Section, an | 10 |
| owner or
operator may proceed to conduct site investigation | 11 |
| or corrective action prior
to the submittal or approval of | 12 |
| an otherwise required plan. If the owner or
operator elects | 13 |
| to so proceed, an applicable plan shall be filed with the
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| Agency at any time. Such plan shall detail the steps taken | 15 |
| to determine the
type of site investigation or corrective | 16 |
| action which was necessary at the site
along with the site | 17 |
| investigation or corrective action taken or to be taken, in
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| addition to costs associated with activities to date and | 19 |
| anticipated costs. | 20 |
| (2) Upon receipt of a plan submitted after activities | 21 |
| have commenced at a
site, the Agency shall proceed to | 22 |
| review in the same manner as required under
this Title. In | 23 |
| the event the Agency disapproves all or part of the costs, | 24 |
| the
owner or operator may appeal such decision to the | 25 |
| Board. The owner or operator
shall not be eligible to be | 26 |
| reimbursed for such disapproved costs unless and
until the |
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| Board determines that such costs were eligible for
payment. | 2 |
| (f) All investigations, plans, and reports conducted or | 3 |
| prepared under
this Section shall be conducted or prepared | 4 |
| under the supervision of a
licensed professional engineer and | 5 |
| in accordance with the requirements
of this Title. | 6 |
| (Source: P.A. 95-331, eff. 8-21-07.)
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| (415 ILCS 5/57.9)
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| Sec. 57.9. Underground Storage Tank Fund; eligibility and | 9 |
| deductibility.
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| (a) The Underground Storage Tank Fund shall be accessible | 11 |
| by owners and
operators who have a confirmed release from an | 12 |
| underground storage tank or
related tank system of a substance | 13 |
| listed in this Section. The owner or
operator is eligible to | 14 |
| access the Underground Storage Tank Fund if the
eligibility | 15 |
| requirements of this Title are satisfied and:
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| (1) Neither the owner nor the operator is the United | 17 |
| States Government.
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| (2) The tank does not contain fuel which is exempt from | 19 |
| the Motor Fuel Tax
Law.
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| (3) The costs were incurred as a result of a confirmed | 21 |
| release of any of
the following substances:
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| (A) "Fuel", as defined in Section 1.19 of the Motor | 23 |
| Fuel Tax Law.
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| (B) Aviation fuel.
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| (C) Heating oil.
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| (D) Kerosene.
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| (E) Used oil which has been refined from crude oil | 3 |
| used in a motor
vehicle, as defined in Section 1.3 of | 4 |
| the Motor Fuel Tax Law.
| 5 |
| (4) The owner or operator registered the tank and paid | 6 |
| all fees in
accordance with the statutory and regulatory | 7 |
| requirements of the Gasoline
Storage Act.
| 8 |
| (5) The owner or operator notified the Illinois | 9 |
| Emergency Management
Agency of a confirmed release, the | 10 |
| costs were incurred after the notification
and the costs | 11 |
| were a result of a release of a substance listed in this | 12 |
| Section.
Costs of corrective action or indemnification | 13 |
| incurred before providing that
notification shall not be | 14 |
| eligible for payment.
| 15 |
| (6) The costs have not already been paid to the owner | 16 |
| or operator under a
private insurance policy, other written | 17 |
| agreement, or court order.
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| (7) The costs were associated with "corrective action" | 19 |
| of this Act.
| 20 |
| If the underground storage tank which experienced a | 21 |
| release of a substance
listed in this Section was installed | 22 |
| after July 28, 1989, the owner or operator
is eligible to | 23 |
| access the Underground Storage Tank Fund if it is | 24 |
| demonstrated
to the Office of the State Fire Marshal the | 25 |
| tank was installed and operated in
accordance with Office | 26 |
| of the State Fire Marshal regulatory requirements.
Office |
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| of the State Fire Marshal certification is prima facie | 2 |
| evidence the tank
was installed pursuant to the Office of | 3 |
| the State Fire Marshal regulatory
requirements.
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| (b) For releases reported prior to the effective date of | 5 |
| this amendatory Act of the 96th General Assembly, an An owner | 6 |
| or operator may access the Underground Storage Tank Fund for
| 7 |
| costs associated with an Agency approved plan and the Agency | 8 |
| shall approve the
payment of costs associated with corrective | 9 |
| action after the
application of a $10,000 deductible, except in | 10 |
| the following situations:
| 11 |
| (1) A deductible of $100,000 shall apply when none of | 12 |
| the underground
storage tanks were registered prior to July | 13 |
| 28, 1989, except in the case of
underground storage tanks | 14 |
| used exclusively to store heating oil for consumptive
use | 15 |
| on the premises where stored and which serve other than | 16 |
| farms or
residential units, a deductible of $100,000 shall | 17 |
| apply when none of these
tanks were registered prior to | 18 |
| July 1, 1992.
| 19 |
| (2) A deductible of $50,000 shall apply if any of the | 20 |
| underground storage
tanks were registered prior to July 28, | 21 |
| 1989, and the State received notice of
the confirmed | 22 |
| release prior to July 28, 1989.
| 23 |
| (3) A deductible of $15,000 shall apply when one or | 24 |
| more, but not all, of
the underground storage tanks were | 25 |
| registered prior to July 28, 1989, and the
State received | 26 |
| notice of the confirmed release on or after July 28, 1989.
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LRB096 19895 JDS 35355 b |
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| For releases reported on or after the effective date of | 2 |
| this amendatory Act of the 96th General Assembly, an owner or | 3 |
| operator may access the Underground Storage Tank Fund for costs | 4 |
| associated with an Agency approved plan, and the Agency shall | 5 |
| approve the payment of costs associated with corrective action | 6 |
| after the application of a $5,000 deductible. | 7 |
| A deductible shall apply annually for each site at which | 8 |
| costs were incurred
under a claim submitted pursuant to this | 9 |
| Title, except that if corrective
action in response to an | 10 |
| occurrence takes place over a period of more than one
year, in | 11 |
| subsequent years, no deductible shall apply for costs incurred | 12 |
| in
response to such occurrence.
| 13 |
| (c) Eligibility and deductibility determinations shall be | 14 |
| made by the Office
of the State Fire Marshal.
| 15 |
| (1) When an owner or operator reports a confirmed | 16 |
| release of a regulated
substance, the Office of the State | 17 |
| Fire Marshal shall provide the owner or
operator with an | 18 |
| "Eligibility and Deductibility Determination" form. The | 19 |
| form
shall either be provided on-site or within 15 days of | 20 |
| the Office of the State
Fire Marshal receipt of notice | 21 |
| indicating a confirmed release. The form shall
request | 22 |
| sufficient information to enable the Office of the State | 23 |
| Fire Marshal
to make a final determination as to owner or | 24 |
| operator eligibility
to access the Underground Storage | 25 |
| Tank Fund pursuant to this Title and the
appropriate | 26 |
| deductible. The form shall be promulgated as a rule or |
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| regulation
pursuant to the Illinois Administrative | 2 |
| Procedure Act by the Office of
the State Fire Marshal. | 3 |
| Until such form is promulgated, the Office of State
Fire | 4 |
| Marshal shall use a form which generally conforms with this | 5 |
| Act.
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| (2) Within 60 days of receipt of the "Eligibility and | 7 |
| Deductibility
Determination" form, the Office of the State | 8 |
| Fire Marshal shall issue one
letter enunciating the final | 9 |
| eligibility and deductibility determination, and
such | 10 |
| determination or failure to act within the time prescribed | 11 |
| shall be a
final decision appealable to the Illinois | 12 |
| Pollution Control Board.
| 13 |
| (Source: P.A. 88-496.)
| 14 |
| (415 ILCS 5/57.11) | 15 |
| Sec. 57.11. Underground Storage Tank Fund; creation. | 16 |
| (a) There is hereby created in the State Treasury a special | 17 |
| fund
to be known as the Underground Storage Tank Fund. There | 18 |
| shall be deposited
into the Underground Storage Tank Fund all | 19 |
| monies received by the Office of the
State Fire Marshal as fees | 20 |
| for underground storage tanks under Sections 4 and 5
of the | 21 |
| Gasoline Storage Act and as fees pursuant to the Motor Fuel Tax | 22 |
| Law.
All amounts held in the Underground Storage Tank Fund | 23 |
| shall be invested at
interest by the State Treasurer. All | 24 |
| income earned from the investments shall
be deposited into the | 25 |
| Underground Storage Tank Fund no less frequently than
|
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SB3320 Enrolled |
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LRB096 19895 JDS 35355 b |
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| 1 |
| quarterly. Moneys in the Underground Storage Tank Fund, | 2 |
| pursuant to
appropriation, may be used by the Agency and the | 3 |
| Office of the State Fire
Marshal for the following purposes: | 4 |
| (1) To take action authorized under Section 57.12 to | 5 |
| recover costs under
Section 57.12. | 6 |
| (2) To assist in the reduction and mitigation of damage | 7 |
| caused by leaks
from underground storage tanks, including | 8 |
| but not limited to, providing
alternative water supplies to | 9 |
| persons whose drinking water has become
contaminated as a | 10 |
| result of those leaks. | 11 |
| (3) To be used as a matching amount towards federal | 12 |
| assistance relative to
the release of petroleum from | 13 |
| underground storage tanks. | 14 |
| (4) For the costs of administering activities of the | 15 |
| Agency and the Office
of the State Fire Marshal relative to | 16 |
| the Underground Storage Tank Fund. | 17 |
| (5) For payment of costs of corrective action incurred | 18 |
| by and
indemnification to operators of underground storage | 19 |
| tanks as provided in this
Title. | 20 |
| (6) For a total of 2 demonstration projects in amounts | 21 |
| in excess of a
$10,000 deductible charge designed to assess | 22 |
| the viability of corrective action
projects at sites which | 23 |
| have experienced contamination from petroleum releases.
| 24 |
| Such demonstration projects shall be conducted in | 25 |
| accordance with the provision
of this Title. | 26 |
| (7) Subject to appropriation, moneys in the |
|
|
|
SB3320 Enrolled |
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LRB096 19895 JDS 35355 b |
|
| 1 |
| Underground Storage Tank Fund
may also be used by the | 2 |
| Department of Revenue for the costs of administering
its | 3 |
| activities relative to the Fund and for refunds provided | 4 |
| for in Section
13a.8 of the Motor Fuel Tax Act. | 5 |
| (b) Moneys in the Underground Storage Tank Fund may, | 6 |
| pursuant to
appropriation, be used by the Office of the State | 7 |
| Fire Marshal or the Agency to
take whatever emergency action is | 8 |
| necessary or appropriate to assure that the
public health or | 9 |
| safety is not threatened whenever there is a release or
| 10 |
| substantial threat of a release of petroleum from an | 11 |
| underground storage tank
and for the costs of administering its | 12 |
| activities relative to the Underground
Storage Tank Fund. | 13 |
| (c) Beginning July 1, 1993, the Governor shall certify to | 14 |
| the State
Comptroller and State Treasurer the monthly amount | 15 |
| necessary to pay debt
service on State obligations issued | 16 |
| pursuant to Section 6 of the General
Obligation Bond Act. On | 17 |
| the last day of each month, the Comptroller shall order
| 18 |
| transferred and the Treasurer shall transfer from the | 19 |
| Underground Storage Tank
Fund to the General Obligation Bond | 20 |
| Retirement and Interest Fund the amount
certified by the | 21 |
| Governor, plus any cumulative deficiency in those transfers
for | 22 |
| prior months. | 23 |
| (d) Except as provided in subsection (c) of this Section, | 24 |
| the Underground Storage Tank Fund is not subject to | 25 |
| administrative charges authorized under Section 8h of the State | 26 |
| Finance Act that would in any way transfer any funds from the |
|
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|
SB3320 Enrolled |
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LRB096 19895 JDS 35355 b |
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| 1 |
| Underground Storage Tank Fund into any other fund of the State. | 2 |
| (e) Each fiscal year, subject to appropriation, the Agency | 3 |
| may commit up to $10,000,000 of the moneys in the Underground | 4 |
| Storage Tank Fund to the payment of corrective action costs for | 5 |
| legacy sites that meet one or more of the following criteria as | 6 |
| a result of the underground storage tank release: (i) the | 7 |
| presence of free product, (ii) contamination within a regulated | 8 |
| recharge area, a wellhead protection area, or the setback zone | 9 |
| of a potable water supply well, (iii) contamination extending | 10 |
| beyond the boundaries of the site where the release occurred, | 11 |
| or (iv) such other criteria as may be adopted in Agency rules. | 12 |
| (1) Fund moneys committed under this subsection (e) | 13 |
| shall be held in the Fund for payment of the corrective | 14 |
| action costs for which the moneys were committed. | 15 |
| (2) The Agency may adopt rules governing the commitment | 16 |
| of Fund moneys under this subsection (e). | 17 |
| (3) This subsection (e) does not limit the use of Fund | 18 |
| moneys at legacy sites as otherwise provided under this | 19 |
| Title. | 20 |
| (4) For the purposes of this subsection (e), the term | 21 |
| "legacy site" means a site for which (i) an underground | 22 |
| storage tank release was reported prior to January 1, 2005, | 23 |
| (ii) the owner or operator has been determined eligible to | 24 |
| receive payment from the Fund for corrective action costs, | 25 |
| and (iii) the Agency did not receive any applications for | 26 |
| payment prior to January 1, 2010. |
|
|
|
SB3320 Enrolled |
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LRB096 19895 JDS 35355 b |
|
| 1 |
| (Source: P.A. 96-34, eff. 7-13-09.) | 2 |
| (415 ILCS 5/57.13) | 3 |
| Sec. 57.13. Underground Storage Tank Program; transition. | 4 |
| This Title applies to all underground storage tank releases for | 5 |
| which a No Further Remediation Letter is issued on or after the | 6 |
| effective date of this amendatory Act of the 96th General | 7 |
| Assembly, provided that (i) costs incurred prior to the | 8 |
| effective date of this amendatory Act shall be payable from the | 9 |
| UST Fund in the same manner as allowed under the law in effect | 10 |
| at the time the costs were incurred and (ii) releases for which | 11 |
| corrective action was completed prior to the effective date of | 12 |
| this amendatory Act shall be eligible for a No Further | 13 |
| Remediation Letter in the same manner as allowed under the law | 14 |
| in effect at the time the corrective action was completed. | 15 |
| (a) If a release is reported to the proper State authority | 16 |
| on or after
June 24, 2002, the owner or operator shall comply | 17 |
| with
the requirements of this Title. | 18 |
| (b) If a release is reported to the proper State authority | 19 |
| prior to
June 24, 2002, the
owner or operator of an underground | 20 |
| storage tank may elect to proceed in
accordance with the | 21 |
| requirements of this Title by submitting a written
statement to | 22 |
| the Agency of such election. If the owner or operator elects to
| 23 |
| proceed under the requirements of this Title all costs incurred | 24 |
| in connection
with the incident prior to notification shall be | 25 |
| reimbursable in the same
manner as was allowable under the then |
|
|
|
SB3320 Enrolled |
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LRB096 19895 JDS 35355 b |
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| 1 |
| existing law. Completion of corrective
action shall then follow | 2 |
| the provisions of this Title. | 3 |
| (Source: P.A. 95-331, eff. 8-21-07.) | 4 |
| (415 ILCS 5/57.18 new) | 5 |
| Sec. 57.18. Additional remedial action required by change | 6 |
| in law; Agency's duty to propose amendment. If a change in | 7 |
| State or federal law requires additional remedial action in | 8 |
| response to releases for which No Further Remediation Letters | 9 |
| have been issued, the Agency shall propose in the next | 10 |
| convening of a regular session of the current General Assembly | 11 |
| amendments to this Title to allow owners and operators to | 12 |
| perform the additional remedial action and seek payment from | 13 |
| the Fund for the costs of the action. | 14 |
| (415 ILCS 5/57.19 new) | 15 |
| Sec. 57.19. Costs incurred after the issuance of a No | 16 |
| Further Remediation Letter. The following shall be considered | 17 |
| corrective action activities eligible for payment from the Fund | 18 |
| even when an owner or operator conducts these activities after | 19 |
| the issuance of a No Further Remediation Letter. Corrective | 20 |
| action conducted under this Section and costs incurred under | 21 |
| this Section must comply with the requirements of this Title | 22 |
| and Board rules adopted under this Title. | 23 |
| (1) Corrective action to achieve residential property | 24 |
| remediation objectives if the owner or operator |
|
|
|
SB3320 Enrolled |
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LRB096 19895 JDS 35355 b |
|
| 1 |
| demonstrates that property remediated to | 2 |
| industrial/commercial property remediation objectives | 3 |
| pursuant to subdivision (c)(3)(A)(ii) of Section 57.7 of | 4 |
| this Act is being developed into residential property. | 5 |
| (2) Corrective action to address groundwater | 6 |
| contamination if the owner or operator demonstrates that | 7 |
| action is necessary because a groundwater ordinance used as | 8 |
| an institutional control pursuant to subdivision | 9 |
| (c)(3)(A)(iii) of Section 57.7 of this Act can no longer be | 10 |
| used as an institutional control. | 11 |
| (3) Corrective action to address groundwater | 12 |
| contamination if the owner or operator demonstrates that | 13 |
| action is necessary because an on-site groundwater use | 14 |
| restriction used as an institutional control pursuant to | 15 |
| subdivision (c)(3)(A)(iv) of Section 57.7 of this Act must | 16 |
| be lifted in order to allow the installation of a potable | 17 |
| water supply well due to public water supply service no | 18 |
| longer being available for reasons other than an act or | 19 |
| omission of the owner or operator. | 20 |
| (4) The disposal of soil that does not exceed | 21 |
| industrial/commercial property remediation objectives, but | 22 |
| that does exceed residential property remediation | 23 |
| objectives, if industrial/commercial property remediation | 24 |
| objectives were used pursuant to subdivision (c)(3)(A)(ii) | 25 |
| of Section 57.7 of this Act and the owner or operator | 26 |
| demonstrates that (i) the contamination is the result of |
|
|
|
SB3320 Enrolled |
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LRB096 19895 JDS 35355 b |
|
| 1 |
| the release for which the owner or operator is eligible to | 2 |
| seek payment from the Fund and (ii) disposal of the soil is | 3 |
| necessary as a result of construction activities conducted | 4 |
| after the issuance of a No Further Remediation Letter on | 5 |
| the site where the release occurred, including, but not | 6 |
| limited to, the following: tank, line, or canopy repair, | 7 |
| replacement, or removal; building upgrades; sign | 8 |
| installation; and water or sewer line replacement. | 9 |
| (5) The disposal of water exceeding groundwater | 10 |
| remediation objectives that is removed from an excavation | 11 |
| on the site where the release occurred if a groundwater | 12 |
| ordinance is used as an institutional control pursuant to | 13 |
| subdivision (c)(3)(A)(iii) of Section 57.7 of this Act, or | 14 |
| if an on-site groundwater use restriction is used as an | 15 |
| institutional control pursuant to subdivision | 16 |
| (c)(3)(A)(iv) of Section 57.7, and the owner or operator | 17 |
| demonstrates that (i) the excavation is located within the | 18 |
| measured or modeled extent of groundwater contamination | 19 |
| resulting from the release for which the owner or operator | 20 |
| is eligible to seek payment from the Fund and (ii) disposal | 21 |
| of the groundwater is necessary as a result of construction | 22 |
| activities conducted after the issuance of a No Further | 23 |
| Remediation Letter on the site where the release occurred, | 24 |
| including, but not limited to, the following: tank, line, | 25 |
| or canopy repair, replacement, or removal; building | 26 |
| upgrades; sign installation; and water or sewer line |
|
|
|
SB3320 Enrolled |
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LRB096 19895 JDS 35355 b |
|
| 1 |
| replacement.
| 2 |
| Section 99. Effective date. This Act takes effect upon | 3 |
| becoming law. |
|