Full Text of HB1421 98th General Assembly
HB1421ham001 98TH GENERAL ASSEMBLY | Rep. John E. Bradley Filed: 3/19/2013
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| 1 | | AMENDMENT TO HOUSE BILL 1421
| 2 | | AMENDMENT NO. ______. Amend House Bill 1421 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Environmental Protection Act is amended by | 5 | | changing Sections 57.2, 57.7, and 57.8 and by adding Section | 6 | | 57.11A as follows:
| 7 | | (415 ILCS 5/57.2)
| 8 | | Sec. 57.2. Definitions. As used in this Title:
| 9 | | "Audit" means a systematic inspection or examination of | 10 | | plans, reports,
records, or documents to determine the | 11 | | completeness and accuracy of the data
and
conclusions contained | 12 | | therein.
| 13 | | "Bodily injury" means bodily injury, sickness, or disease | 14 | | sustained by a
person, including death at any time, resulting | 15 | | from a release of petroleum from
an underground storage tank.
| 16 | | "Release" means any spilling, leaking, emitting, |
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| 1 | | discharging,
escaping, leaching or disposing of petroleum from | 2 | | an underground storage tank
into groundwater, surface water or | 3 | | subsurface soils.
| 4 | | "Fill material" means non-native or disturbed materials | 5 | | used to bed and
backfill around an underground storage tank.
| 6 | | "Fund" means the Underground Storage Tank Fund.
| 7 | | "Heating Oil" means petroleum that is No. 1, No. 2, No. 4 - | 8 | | light, No. 4 -
heavy, No. 5 - light, No. 5 - heavy or No. 6 | 9 | | technical grades of fuel oil; and
other residual fuel oils | 10 | | including Navy Special Fuel Oil and Bunker C.
| 11 | | "Indemnification" means indemnification of an owner or | 12 | | operator for the
amount of any judgment entered against the | 13 | | owner or operator in a court of law,
for the amount of any | 14 | | final order or determination made against the owner or
operator | 15 | | by an agency of State government or any subdivision thereof, or | 16 | | for
the amount of any settlement entered into by the owner or | 17 | | operator, if the
judgment, order, determination, or settlement | 18 | | arises out of bodily injury or
property damage suffered as a | 19 | | result of a release of petroleum from an
underground storage | 20 | | tank owned or operated by the owner or operator.
| 21 | | "Corrective action" means activities associated with | 22 | | compliance with the
provisions of Sections 57.6 and 57.7 of | 23 | | this Title.
| 24 | | "Occurrence" means an accident, including continuous or | 25 | | repeated exposure
to conditions, that results in a sudden or | 26 | | nonsudden release from an
underground storage tank.
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| 1 | | When used in connection with, or when otherwise relating | 2 | | to, underground
storage tanks, the terms "facility", "owner", | 3 | | "operator", "underground storage
tank", "(UST)", "petroleum" | 4 | | and "regulated substance" shall have the meanings
ascribed to | 5 | | them in Subtitle I of the Hazardous and Solid Waste Amendments | 6 | | of
1984 (P.L. 98-616), of the Resource Conservation and | 7 | | Recovery Act of 1976 (P.L.
94-580); provided however that the | 8 | | term "underground storage tank" shall also
mean an underground | 9 | | storage tank used exclusively to store heating oil for
| 10 | | consumptive use on the premises where stored and which serves | 11 | | other than a farm
or residential unit; provided further however | 12 | | that the term "owner" shall also mean any person who has | 13 | | submitted to the Agency a written election to proceed under | 14 | | this Title and has acquired an ownership interest in a site on | 15 | | which one or more registered tanks have been removed, but on | 16 | | which corrective action has not yet resulted in the issuance of | 17 | | a "no further remediation letter" by the Agency pursuant to | 18 | | this Title.
| 19 | | "Labor organization" means any organization that qualifies | 20 | | as a labor organization under Section 2 of the National Labor | 21 | | Relations Act (29 U.S.C. 152). | 22 | | "Licensed Professional Engineer" means a person, | 23 | | corporation, or
partnership licensed under the laws of the | 24 | | State of Illinois to practice
professional engineering.
| 25 | | "Licensed Professional Geologist" means a person licensed | 26 | | under the laws of
the State of Illinois to practice as a |
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| 1 | | professional geologist.
| 2 | | "Site" means any single location, place, tract of land or | 3 | | parcel
of property including contiguous property not separated | 4 | | by a public
right-of-way.
| 5 | | "Site investigation" means activities associated with | 6 | | compliance with the
provisions of subsection (a) of Section | 7 | | 57.7.
| 8 | | "Property damage" means physical injury to, destruction | 9 | | of, or contamination
of tangible property, including all | 10 | | resulting loss of use of that property; or
loss of use of | 11 | | tangible property that is not physically injured, destroyed, or
| 12 | | contaminated, but has been evacuated, withdrawn from use, or | 13 | | rendered
inaccessible because of a release of petroleum from an | 14 | | underground storage
tank.
| 15 | | "Class I Groundwater" means groundwater that meets the | 16 | | Class I: Potable
Resource Groundwater criteria set forth in the | 17 | | Board regulations adopted
pursuant to the Illinois Groundwater | 18 | | Protection Act.
| 19 | | "Class III Groundwater" means groundwater that meets the | 20 | | Class III: Special
Resource Groundwater criteria set forth in | 21 | | the Board regulations adopted
pursuant to the Illinois | 22 | | Groundwater Protection Act.
| 23 | | (Source: P.A. 94-274, eff. 1-1-06.)
| 24 | | (415 ILCS 5/57.7) | 25 | | Sec. 57.7. Leaking underground storage tanks; site |
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| 1 | | investigation and
corrective action. | 2 | | (a) Site investigation. | 3 | | (1) For any site investigation activities required by | 4 | | statute or rule,
the owner or operator shall submit to the | 5 | | Agency for approval a site
investigation plan designed to | 6 | | determine the nature, concentration, direction
of | 7 | | movement, rate of movement, and extent of the contamination | 8 | | as well as the
significant physical features of the site | 9 | | and surrounding area that may affect
contaminant transport | 10 | | and risk to human health and safety and the environment. | 11 | | (2) Any owner or operator intending to seek payment | 12 | | from the Fund shall
submit to the Agency for approval a | 13 | | site investigation budget that includes,
but is not limited | 14 | | to, an accounting of all costs associated with the
| 15 | | implementation and completion of the site investigation | 16 | | plan. | 17 | | (3) Remediation objectives for the applicable | 18 | | indicator contaminants
shall be determined using the | 19 | | tiered approach to corrective action objectives
rules | 20 | | adopted by the Board pursuant to this Title and Title XVII | 21 | | of this Act.
For the purposes of this Title, "Contaminant | 22 | | of Concern" or "Regulated
Substance of Concern" in the | 23 | | rules means the applicable indicator contaminants
set | 24 | | forth in subsection (d) of this Section and the rules | 25 | | adopted thereunder. | 26 | | (4) Upon the Agency's approval of a site investigation |
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| 1 | | plan, or as
otherwise directed by the Agency, the owner or | 2 | | operator shall conduct a site
investigation in accordance | 3 | | with the plan. | 4 | | (5) Within 30 days after completing the site | 5 | | investigation, the owner
or operator shall submit to the | 6 | | Agency for approval a site investigation
completion | 7 | | report. At a minimum the report shall include all of the | 8 | | following: | 9 | | (A) Executive summary. | 10 | | (B) Site history. | 11 | | (C) Site-specific sampling methods and results. | 12 | | (D) Documentation of all field activities, | 13 | | including quality assurance. | 14 | | (E) Documentation regarding the development of | 15 | | proposed remediation
objectives. | 16 | | (F) Interpretation of results. | 17 | | (G) Conclusions. | 18 | | (b) Corrective action. | 19 | | (1) If the site investigation confirms none of the | 20 | | applicable indicator
contaminants exceed the proposed | 21 | | remediation objectives, within 30 days after
completing | 22 | | the site investigation the owner or operator shall submit | 23 | | to the
Agency for approval a corrective action completion | 24 | | report in accordance with
this Section. | 25 | | (2) If any of the applicable indicator contaminants | 26 | | exceed the
remediation objectives approved for the site, |
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| 1 | | within 30 days after the Agency
approves the site | 2 | | investigation completion report the owner or operator | 3 | | shall
submit to the Agency for approval a corrective action | 4 | | plan designed to mitigate
any threat to human health, human | 5 | | safety, or the environment resulting from the
underground | 6 | | storage tank release. The plan shall describe the selected | 7 | | remedy
and evaluate its ability and effectiveness to | 8 | | achieve the remediation
objectives approved for the site. | 9 | | At a minimum, the report shall include all
of the | 10 | | following: | 11 | | (A) Executive summary. | 12 | | (B) Statement of remediation objectives. | 13 | | (C) Remedial technologies selected. | 14 | | (D) Confirmation sampling plan. | 15 | | (E) Current and projected future use of the | 16 | | property. | 17 | | (F) Applicable preventive, engineering, and | 18 | | institutional controls
including long-term | 19 | | reliability, operating, and maintenance plans, and
| 20 | | monitoring procedures. | 21 | | (G) A schedule for implementation and completion | 22 | | of the plan. | 23 | | (3) Any owner or operator intending to seek payment | 24 | | from the Fund shall
submit to the Agency for approval a | 25 | | corrective action budget that includes,
but is not limited | 26 | | to, an accounting of all costs associated with the
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| 1 | | implementation and completion of the corrective action | 2 | | plan. | 3 | | (4) Upon the Agency's approval of a corrective action | 4 | | plan, or as
otherwise directed by the Agency, the owner or | 5 | | operator shall proceed with
corrective action in | 6 | | accordance with the plan. | 7 | | (5) Within 30 days after the completion of a corrective | 8 | | action plan that
achieves applicable remediation | 9 | | objectives the owner or operator shall submit
to the Agency | 10 | | for approval a corrective action completion report. The | 11 | | report
shall demonstrate whether corrective action was | 12 | | completed in accordance with
the approved corrective | 13 | | action plan and whether the remediation objectives
| 14 | | approved for the site, as well as any other requirements of | 15 | | the plan, have
been achieved. | 16 | | (6) If within 4 years after the approval of any | 17 | | corrective action plan
the applicable remediation | 18 | | objectives have not been achieved and the owner or
operator | 19 | | has not submitted a corrective action completion report, | 20 | | the owner or
operator must submit a status report for | 21 | | Agency review. The status report must
include, but is not | 22 | | limited to, a description of the remediation activities
| 23 | | taken to date, the effectiveness of the method of | 24 | | remediation being used, the
likelihood of meeting the | 25 | | applicable remediation objectives using the current
method | 26 | | of remediation, and the date the applicable remediation |
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| 1 | | objectives are
expected to be achieved. | 2 | | (7) If the Agency determines any approved corrective | 3 | | action plan will
not achieve applicable remediation | 4 | | objectives within a reasonable time, based
upon the method | 5 | | of remediation and site specific circumstances, the Agency | 6 | | may
require the owner or operator to submit to the Agency | 7 | | for approval a revised
corrective action plan. If the owner | 8 | | or operator intends to seek payment from
the Fund, the | 9 | | owner or operator must also submit a revised budget. | 10 | | (c) Agency review and approval. | 11 | | (1) Agency approval of any plan and associated budget, | 12 | | as described in
this subsection (c), shall be considered | 13 | | final approval for purposes of
seeking and obtaining | 14 | | payment from the Underground Storage Tank Fund if the
costs | 15 | | associated with the completion of any such plan are less | 16 | | than or equal
to the amounts approved in such budget. | 17 | | (2) In the event the Agency fails to approve, | 18 | | disapprove, or modify any
plan or report submitted pursuant | 19 | | to this Title in writing within 120 days
of the receipt by | 20 | | the Agency, the plan or report shall be considered to be
| 21 | | rejected by operation of law for purposes of this Title and | 22 | | rejected for
purposes of payment from the Underground | 23 | | Storage Tank Fund. | 24 | | (A) For purposes of those plans as identified in | 25 | | paragraph (5) of this
subsection (c), the Agency's | 26 | | review may be an audit procedure. Such review or
audit |
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| 1 | | shall be consistent with the procedure for such review | 2 | | or audit as
promulgated by the Board under Section | 3 | | 57.14. The Agency has the authority to
establish an | 4 | | auditing program to verify compliance of such plans | 5 | | with the
provisions of this Title. | 6 | | (B) For purposes of corrective action plans | 7 | | submitted pursuant to
subsection (b) of this Section | 8 | | for which payment from the Fund is not being
sought, | 9 | | the Agency need not take action on such plan until 120 | 10 | | days after it
receives the corrective action | 11 | | completion report required under subsection (b)
of | 12 | | this Section. In the event the Agency approved the | 13 | | plan, it shall proceed
under the provisions of this | 14 | | subsection (c). | 15 | | (3) In approving any plan submitted pursuant to | 16 | | subsection (a) or (b)
of this Section, the Agency shall | 17 | | determine, by a procedure promulgated by
the Board under | 18 | | Section 57.14, that the costs associated with the plan are
| 19 | | reasonable, will be incurred in the performance of site | 20 | | investigation or
corrective action, and will not be used | 21 | | for site investigation or corrective
action activities in | 22 | | excess of those required to meet the minimum requirements
| 23 | | of this Title. | 24 | | (A) For purposes of payment from the Fund, | 25 | | corrective action activities required to meet the | 26 | | minimum requirements of this Title shall include, but |
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| 1 | | not be limited to, the following use of the Board's | 2 | | Tiered Approach to Corrective Action Objectives rules | 3 | | adopted under Title XVII of this Act: | 4 | | (i) For the site where the release occurred, | 5 | | the use of Tier 2 remediation objectives that are | 6 | | no more stringent than Tier 1 remediation | 7 | | objectives. | 8 | | (ii) The use of industrial/commercial property | 9 | | remediation objectives, unless the owner or | 10 | | operator demonstrates that the property being | 11 | | remediated is residential property or being | 12 | | developed into residential property. | 13 | | (iii) The use of groundwater ordinances as | 14 | | institutional controls in accordance with Board | 15 | | rules. | 16 | | (iv) The use of on-site groundwater use | 17 | | restrictions as institutional controls in | 18 | | accordance with Board rules. | 19 | | (B) Any bidding process adopted under Board rules | 20 | | to determine the reasonableness of costs of corrective | 21 | | action must provide for a publicly-noticed, | 22 | | competitive, and sealed bidding process that includes, | 23 | | at a minimum, the following: | 24 | | (i) The owner or operator must issue | 25 | | invitations for bids that include, at a minimum, a | 26 | | description of the work being bid and applicable |
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| 1 | | contractual terms and conditions. The invitation | 2 | | for bids must require the bidder to supply (and all | 3 | | accepted bids must also supply) all of the | 4 | | following information: documents evidencing the | 5 | | bidder's compliance with all applicable laws and | 6 | | ordinances prerequisite to doing business in this | 7 | | State; the bidder's federal employer tax | 8 | | identification number or, if the bidder is doing | 9 | | business as an individual, his or her social | 10 | | security number; a statement of the bidder's | 11 | | compliance with federal Equal Employment | 12 | | Opportunity laws; a disclosure, by the bidder, of | 13 | | the name and address of each subcontractor with | 14 | | whom the contractor has contracted, or intends to | 15 | | contract, to complete any portion of the work bid | 16 | | upon; certificates of insurance showing the | 17 | | bidder's general liability, workers' compensation, | 18 | | and automobile liability coverage; a statement of | 19 | | the bidder's compliance with all provisions of the | 20 | | Illinois Prevailing Wage Act; evidence of the | 21 | | bidder's participation in apprenticeship and | 22 | | training programs approved and registered with the | 23 | | U.S. Department of Labor Office of Apprenticeship | 24 | | or a successor organization; documents evidencing | 25 | | the bidder's safety and health activities and | 26 | | programs; a statement by the bidder that |
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| 1 | | individuals who will perform the bid upon work are | 2 | | properly classified as either an employee or | 3 | | independent contractor under all applicable State | 4 | | and federal laws and local ordinances; a statement | 5 | | that all employees are covered under a current | 6 | | workers' compensation insurance policy and | 7 | | properly classified under the policy; a statement | 8 | | by the bidder listing all employees who will | 9 | | perform the bid upon work and evidence that all | 10 | | listed employees are covered by a health and | 11 | | welfare plan and a retirement plan; and documents | 12 | | evidencing any professional or trade license | 13 | | required by law or local ordinance for any trade or | 14 | | specialty group employed or contracted with by the | 15 | | bidder to perform the bid upon work. The criteria | 16 | | on which the bids will be evaluated must be set | 17 | | forth in the invitation for bids. The criteria may | 18 | | include, but shall not be limited to, criteria for | 19 | | determining acceptability, such as inspection, | 20 | | testing, quality, workmanship, delivery, and | 21 | | suitability for a particular purpose. Criteria | 22 | | that will affect the bid price and be considered in | 23 | | the evaluation of a bid, such as discounts, shall | 24 | | be objectively measurable. | 25 | | (ii) At least 14 days prior to the date set in | 26 | | the invitation for the opening of bids, public |
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| 1 | | notice of the invitation for bids must be published | 2 | | in a local paper of general circulation for the | 3 | | area in which the site is located. | 4 | | (iii) Bids must be opened publicly in the | 5 | | presence of one or more witnesses at the time and | 6 | | place designated in the invitation for bids. The | 7 | | name of each bidder, the amount of each bid, and | 8 | | other relevant information as specified in Board | 9 | | rules must be recorded and submitted to the Agency | 10 | | in the applicable budget. After selection of the | 11 | | winning bid, the winning bid and the record of each | 12 | | unsuccessful bid shall be open to public | 13 | | inspection. | 14 | | (iv) Bids must be unconditionally accepted | 15 | | without alteration or correction. Bids must be | 16 | | evaluated based on the requirements set forth in | 17 | | the invitation for bids, which may include | 18 | | criteria for determining acceptability, such as | 19 | | inspection, testing, quality, workmanship, | 20 | | delivery, and suitability for a particular | 21 | | purpose. Criteria that will affect the bid price | 22 | | and be considered in the evaluation of a bid, such | 23 | | as discounts, shall be objectively measurable. The | 24 | | invitation for bids shall set forth the evaluation | 25 | | criteria to be used. | 26 | | (v) Correction or withdrawal of inadvertently |
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| 1 | | erroneous bids before or after selection of the | 2 | | winning bid, or cancellation of winning bids based | 3 | | on bid mistakes, shall be allowed in accordance | 4 | | with Board rules. After bid opening, no changes in | 5 | | bid prices or other provisions of bids prejudicial | 6 | | to the owner or operator or fair competition shall | 7 | | be allowed. All decisions to allow the correction | 8 | | or withdrawal of bids based on bid mistakes shall | 9 | | be supported by a written determination made by the | 10 | | owner or operator. | 11 | | (vi) The owner or operator shall select the | 12 | | winning bid with reasonable promptness by written | 13 | | notice to the lowest responsible and responsive | 14 | | bidder whose bid meets the requirements and | 15 | | criteria set forth in the invitation for bids. The | 16 | | winning bid and other relevant information as | 17 | | specified in Board rules must be recorded and | 18 | | submitted to the Agency in the applicable budget. | 19 | | (vii) All bidding documentation must be | 20 | | retained by the owner or operator for a minimum of | 21 | | 3 years after the costs bid are submitted in an | 22 | | application for payment, except that documentation | 23 | | relating to an appeal, litigation, or other | 24 | | disputed claim must be maintained until at least 3 | 25 | | years after the date of the final disposition of | 26 | | the appeal, litigation, or other disputed claim. |
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| 1 | | All bidding documentation must be made available | 2 | | to the Agency for inspection and copying during | 3 | | normal business hours. | 4 | | (C) Any bidding process adopted under Board rules | 5 | | to determine the reasonableness of costs of corrective | 6 | | action shall (i) be optional and (ii) allow bidding | 7 | | only if the owner or operator demonstrates that | 8 | | corrective action cannot be performed for amounts less | 9 | | than or equal to maximum payment amounts adopted by the | 10 | | Board. | 11 | | (4) For any plan or report received after June 24,
| 12 | | 2002, any action by the Agency to disapprove or modify a | 13 | | plan submitted
pursuant to this Title shall be provided to | 14 | | the owner or operator in writing
within 120 days of the | 15 | | receipt by the Agency or, in the case of a site
| 16 | | investigation plan or corrective action plan for which | 17 | | payment is not being
sought, within 120 days of receipt of | 18 | | the site investigation completion report
or corrective | 19 | | action completion report, respectively, and shall be | 20 | | accompanied
by: | 21 | | (A) an explanation of the Sections of this Act | 22 | | which may be violated
if the plans were approved; | 23 | | (B) an explanation of the provisions of the | 24 | | regulations, promulgated
under this Act, which may be | 25 | | violated if the plan were approved; | 26 | | (C) an explanation of the specific type of |
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| 1 | | information, if any,
which the Agency deems the | 2 | | applicant did not provide the Agency; and | 3 | | (D) a statement of specific reasons why the Act and | 4 | | the regulations
might not be met if the plan were | 5 | | approved. | 6 | | Any action by the Agency to disapprove or modify a plan | 7 | | or report or
the rejection of any plan or report by | 8 | | operation of law shall be subject
to appeal to the Board in | 9 | | accordance with the procedures of Section 40. If
the owner | 10 | | or operator elects to incorporate modifications required | 11 | | by the
Agency rather than appeal, an amended plan shall be | 12 | | submitted to the Agency
within 35 days of receipt of the | 13 | | Agency's written notification. | 14 | | (5) For purposes of this Title, the term "plan" shall | 15 | | include: | 16 | | (A) Any site investigation plan submitted pursuant | 17 | | to subsection (a)
of this Section; | 18 | | (B) Any site investigation budget submitted | 19 | | pursuant to subsection (a)
of this Section; | 20 | | (C) Any corrective action plan submitted pursuant | 21 | | to
subsection (b) of this Section; or | 22 | | (D) Any corrective action plan budget submitted | 23 | | pursuant to
subsection (b) of this Section. | 24 | | (d) For purposes of this Title, the term "indicator | 25 | | contaminant" shall
mean, unless and until the Board promulgates | 26 | | regulations to the contrary, the
following: (i) if an |
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| 1 | | underground storage tank contains gasoline, the indicator
| 2 | | parameter shall be BTEX and Benzene; (ii) if the tank contained | 3 | | petroleum
products consisting of middle distillate or heavy | 4 | | ends, then the indicator
parameter shall be determined by a | 5 | | scan of PNA's taken from the location where
contamination is | 6 | | most likely to be present; and (iii) if the tank contained
used | 7 | | oil, then the indicator contaminant shall be those chemical | 8 | | constituents
which indicate the type of petroleum stored in an | 9 | | underground storage tank.
All references in this Title to | 10 | | groundwater objectives shall mean Class I
groundwater | 11 | | standards or objectives as applicable. | 12 | | (e) (1) Notwithstanding the provisions of this Section, an | 13 | | owner or
operator may proceed to conduct site investigation | 14 | | or corrective action prior
to the submittal or approval of | 15 | | an otherwise required plan. If the owner or
operator elects | 16 | | to so proceed, an applicable plan shall be filed with the
| 17 | | Agency at any time. Such plan shall detail the steps taken | 18 | | to determine the
type of site investigation or corrective | 19 | | action which was necessary at the site
along with the site | 20 | | investigation or corrective action taken or to be taken, in
| 21 | | addition to costs associated with activities to date and | 22 | | anticipated costs. | 23 | | (2) Upon receipt of a plan submitted after activities | 24 | | have commenced at a
site, the Agency shall proceed to | 25 | | review in the same manner as required under
this Title. In | 26 | | the event the Agency disapproves all or part of the costs, |
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| 1 | | the
owner or operator may appeal such decision to the | 2 | | Board. The owner or operator
shall not be eligible to be | 3 | | reimbursed for such disapproved costs unless and
until the | 4 | | Board determines that such costs were eligible for
payment. | 5 | | (f) All investigations, plans, and reports conducted or | 6 | | prepared under
this Section shall be conducted or prepared | 7 | | under the supervision of a
licensed professional engineer and | 8 | | in accordance with the requirements
of this Title. | 9 | | (Source: P.A. 95-331, eff. 8-21-07; 96-908, eff. 6-8-10.)
| 10 | | (415 ILCS 5/57.8)
| 11 | | Sec. 57.8. Underground Storage Tank Fund; payment; options | 12 | | for State payment;
deferred correction election to commence | 13 | | corrective action upon availability of
funds. If an owner or | 14 | | operator is eligible to access the Underground Storage
Tank | 15 | | Fund pursuant to an Office of State Fire Marshal | 16 | | eligibility/deductible
final determination letter issued in | 17 | | accordance with Section 57.9, the owner or
operator may submit | 18 | | a complete application for final or partial payment to the
| 19 | | Agency for activities taken in response to a confirmed release. | 20 | | An owner or
operator may submit a request for partial or final | 21 | | payment regarding a site no
more frequently than once every 90 | 22 | | days.
| 23 | | (a) Payment after completion of corrective action | 24 | | measures.
The owner or operator may submit an application for | 25 | | payment for
activities performed at a site after completion of |
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| 1 | | the requirements of Sections
57.6 and 57.7, or after completion | 2 | | of any other required activities at the
underground storage | 3 | | tank site.
| 4 | | (1) In the case of any approved plan and budget for | 5 | | which payment is
being sought, the Agency shall make a | 6 | | payment determination within 120 days of
receipt of the | 7 | | application. Such determination shall be considered a | 8 | | final
decision. The Agency's review shall be limited to | 9 | | generally accepted auditing
and accounting practices. In | 10 | | no case shall the Agency conduct additional
review of any | 11 | | plan which was completed within the budget, beyond auditing | 12 | | for
adherence to the corrective action measures in the | 13 | | proposal. If the Agency
fails to approve the payment | 14 | | application within 120 days, such application
shall be | 15 | | deemed approved by operation of law and the Agency shall | 16 | | proceed to
reimburse the owner or operator the amount | 17 | | requested in the payment
application. However, in no event | 18 | | shall the Agency reimburse the owner or
operator an amount | 19 | | greater than the amount approved in the plan.
| 20 | | (2) If sufficient funds are available in the | 21 | | Underground Storage Tank
Fund, the Agency shall, within 60 | 22 | | days, forward to the Office of the State
Comptroller a | 23 | | voucher in the amount approved under the payment | 24 | | application.
| 25 | | (3) In the case of insufficient funds, the Agency shall | 26 | | form a priority
list for payment and shall notify
persons |
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| 1 | | in such
priority list monthly of the availability of funds | 2 | | and when payment shall be
made. Payment shall be made to | 3 | | the owner or operator at such time as
sufficient funds | 4 | | become available for the costs associated with site
| 5 | | investigation and corrective
action and costs expended for | 6 | | activities performed where no proposal is
required, if | 7 | | applicable. Such priority list shall be available to any | 8 | | owner or
operator upon request. Priority for payment shall | 9 | | be determined by the date the
Agency receives a complete | 10 | | request for partial or final payment. Upon receipt
of | 11 | | notification from the Agency that the requirements of this | 12 | | Title have been
met, the Comptroller shall make payment to | 13 | | the owner or operator of the amount
approved by the Agency, | 14 | | if sufficient money exists in the Fund. If there is
| 15 | | insufficient money in the Fund, then payment shall not be | 16 | | made. If the owner
or operator appeals a final Agency | 17 | | payment determination and it is determined
that the owner | 18 | | or operator is eligible for payment or additional payment, | 19 | | the
priority date for the payment or additional payment | 20 | | shall be the same as the
priority date assigned to the | 21 | | original request for partial or final payment.
| 22 | | (4) Any deductible, as determined pursuant to the | 23 | | Office of the State Fire
Marshal's eligibility and | 24 | | deductibility final determination in accordance with
| 25 | | Section 57.9, shall be subtracted from any payment invoice | 26 | | paid to an eligible
owner or operator. Only one deductible |
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| 1 | | shall apply per underground storage
tank site.
| 2 | | (5) In the event that costs are or will be incurred in | 3 | | addition to those
approved by the Agency, or after payment, | 4 | | the owner or operator may submit
successive plans | 5 | | containing amended budgets. The requirements of Section | 6 | | 57.7
shall apply to any amended plans.
| 7 | | (6) For purposes of this Section, a complete | 8 | | application shall consist of:
| 9 | | (A) A certification from a Licensed Professional | 10 | | Engineer or Licensed
Professional Geologist as | 11 | | required
under this Title and acknowledged by the owner | 12 | | or operator.
| 13 | | (B) A statement of the amounts approved in the | 14 | | budget and the amounts
actually sought for payment | 15 | | along with a certified statement by the owner or
| 16 | | operator that the amounts so
sought were expended in | 17 | | conformance with the approved budget.
| 18 | | (C) A copy of the Office of the State Fire | 19 | | Marshal's eligibility and
deductibility determination.
| 20 | | (D) Proof that approval of the payment requested | 21 | | will not result in the
limitations set forth in | 22 | | subsection (g) of this Section being exceeded.
| 23 | | (E) A federal taxpayer identification number and | 24 | | legal status disclosure
certification on a form | 25 | | prescribed and provided by the Agency.
| 26 | | (F) A fully executed project labor agreement that |
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| 1 | | satisfies the requirements of Section 57.11A of this | 2 | | Act for actions taken in response to releases reported | 3 | | on or after the effective date of this amendatory Act | 4 | | of the 98th General Assembly. | 5 | | (b) Commencement of site investigation or corrective | 6 | | action upon
availability of funds.
The Board shall adopt | 7 | | regulations setting forth procedures based on risk to
human | 8 | | health or the environment under which the owner or operator who | 9 | | has
received approval for any budget plan submitted pursuant to | 10 | | Section
57.7, and who is eligible for payment from the | 11 | | Underground Storage Tank Fund
pursuant to an Office of the | 12 | | State Fire Marshal eligibility and deductibility
| 13 | | determination, may elect to defer site investigation or | 14 | | corrective action activities until funds are available
in
an | 15 | | amount equal to the amount approved in the budget. The | 16 | | regulations
shall establish criteria based on risk to human | 17 | | health or the environment to be
used for determining on a | 18 | | site-by-site basis whether deferral is appropriate.
The | 19 | | regulations also shall establish the minimum investigatory | 20 | | requirements for
determining whether the risk based criteria | 21 | | are present at a site considering
deferral and procedures for | 22 | | the notification of owners or operators of
insufficient funds, | 23 | | Agency review of request for deferral, notification of
Agency | 24 | | final decisions, returning deferred sites to active status, and
| 25 | | earmarking of funds for payment.
| 26 | | (c) When the owner or operator requests indemnification for |
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| 1 | | payment of costs
incurred as a result of a release of petroleum | 2 | | from an underground storage
tank, if the owner or operator has | 3 | | satisfied the requirements of subsection (a)
of this Section, | 4 | | the Agency shall forward a copy of the request to the Attorney
| 5 | | General. The Attorney General shall review and approve the | 6 | | request for
indemnification if:
| 7 | | (1) there is a legally enforceable judgment entered | 8 | | against the owner or
operator and such judgment was entered | 9 | | due to harm caused by a release of
petroleum from an | 10 | | underground storage tank and such judgment was not entered | 11 | | as
a result of fraud; or
| 12 | | (2) a settlement with a third party due to a release of | 13 | | petroleum from an
underground storage tank is reasonable.
| 14 | | (d) Notwithstanding any other provision of this Title, the | 15 | | Agency shall not
approve payment to an owner or operator from | 16 | | the Fund for costs of corrective
action or indemnification | 17 | | incurred during a calendar year in excess of the
following | 18 | | aggregate amounts based on the number of petroleum underground
| 19 | | storage tanks owned or operated by such owner or operator in | 20 | | Illinois.
| 21 | | Amount Number of Tanks
| 22 | | $2,000,000 ........................fewer than 101
| 23 | | $3,000,000 ................................101 or more
| 24 | | (1) Costs incurred in excess of the aggregate amounts | 25 | | set forth in
paragraph (1) of this subsection shall not be | 26 | | eligible for payment in
subsequent years.
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| 1 | | (2) For purposes of this subsection, requests | 2 | | submitted by any of the
agencies, departments, boards, | 3 | | committees or commissions of the State of
Illinois shall be | 4 | | acted upon as claims from a single owner or operator.
| 5 | | (3) For purposes of this subsection, owner or operator | 6 | | includes (i) any
subsidiary, parent, or joint stock company | 7 | | of the owner or operator and (ii)
any company owned by any | 8 | | parent, subsidiary, or joint stock company of the
owner or | 9 | | operator.
| 10 | | (e) Costs of corrective action or indemnification incurred | 11 | | by an owner or
operator which have been paid to an owner or | 12 | | operator under a policy of
insurance, another written | 13 | | agreement, or a court order are not eligible for
payment under | 14 | | this Section. An owner or operator who receives payment under a
| 15 | | policy of insurance, another written agreement, or a court | 16 | | order shall
reimburse the State to the extent such payment | 17 | | covers costs for which payment
was received from the Fund. Any | 18 | | monies received by the State under this
subsection (e) shall be | 19 | | deposited into the Fund.
| 20 | | (f) (Blank.)
| 21 | | (g) The Agency shall not approve any payment from the Fund | 22 | | to pay an owner
or operator:
| 23 | | (1) for costs of corrective action incurred by such | 24 | | owner or operator
in an
amount in excess of $1,500,000 per | 25 | | occurrence; and
| 26 | | (2) for costs of indemnification of such owner or |
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| 1 | | operator in an amount in
excess of $1,500,000 per | 2 | | occurrence.
| 3 | | (h) Payment of any amount from the Fund for corrective | 4 | | action or
indemnification shall be subject to the State | 5 | | acquiring by subrogation the
rights of any owner, operator, or | 6 | | other person to recover the costs of
corrective action or | 7 | | indemnification for which the Fund has compensated such
owner, | 8 | | operator, or person from the person responsible or liable for | 9 | | the
release.
| 10 | | (i) If the Agency refuses to pay or authorizes only
a | 11 | | partial payment, the affected owner or operator may petition | 12 | | the Board for a
hearing in the manner provided for the review | 13 | | of permit decisions in Section 40
of this Act.
| 14 | | (j) Costs of corrective action or indemnification incurred | 15 | | by an owner or
operator prior to July 28, 1989, shall not be | 16 | | eligible for payment or
reimbursement under this Section.
| 17 | | (k) The Agency shall not pay costs of corrective action or
| 18 | | indemnification incurred before providing notification of the | 19 | | release of
petroleum in accordance with the provisions of this | 20 | | Title.
| 21 | | (l) Corrective action does not include legal defense costs. | 22 | | Legal defense
costs include legal costs for seeking payment | 23 | | under this Title unless the owner
or operator prevails before | 24 | | the Board in which case the Board may authorize
payment of | 25 | | legal fees.
| 26 | | (m) The Agency may apportion payment of costs for plans |
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| 1 | | submitted under
Section 57.7 if:
| 2 | | (1) the owner or operator was deemed eligible to access | 3 | | the Fund for
payment of corrective action costs for some, | 4 | | but not all, of the underground
storage tanks at the site; | 5 | | and
| 6 | | (2) the owner or operator failed to justify all costs | 7 | | attributable to each
underground storage tank at the site.
| 8 | | (n) The Agency shall not pay costs associated with a | 9 | | corrective action
plan incurred after the Agency provides
| 10 | | notification to the owner or operator pursuant to item (7) of | 11 | | subsection (b) of
Section 57.7 that a revised corrective action | 12 | | plan
is required. Costs associated with any subsequently | 13 | | approved corrective action
plan shall be eligible for | 14 | | reimbursement if they
meet the requirements of this Title.
| 15 | | (Source: P.A. 95-331, eff. 8-21-07.)
| 16 | | (415 ILCS 5/57.11A new) | 17 | | Sec. 57.11A. Project labor agreements. A project labor | 18 | | agreement required under this Title shall: | 19 | | (1) set forth established standard hourly wages for | 20 | | each class of labor organization employee; | 21 | | (2) set forth area standard benefits and other | 22 | | compensation for
each class of labor organization | 23 | | employee; | 24 | | (3) contain provisions guaranteeing that there will | 25 | | not be a strike, job interruption, or delay by covered |
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| 1 | | employees; | 2 | | (4) set forth effective, immediate, and mutually | 3 | | binding
procedures for resolving jurisdictional labor | 4 | | disputes and grievances
arising before the completion of | 5 | | work; | 6 | | (5) ensure a reliable source of skilled and experienced | 7 | | labor; | 8 | | (6) provide for improved employment
opportunities for | 9 | | minorities and women in the construction industry to the
| 10 | | extent permitted by State and federal law; | 11 | | (7) permit the selection of the most qualified lowest | 12 | | responsible
bidder, without regard to union or non-union | 13 | | status at other construction sites; | 14 | | (8) bind all contractors and subcontractors on the | 15 | | project
through the inclusion of appropriate bid | 16 | | specifications in all relevant bid
documents; | 17 | | (9) include the names, addresses, and occupations of | 18 | | the owner of the site and the
individuals representing the | 19 | | labor organization employees participating in
the project | 20 | | labor agreement; and | 21 | | (10) include other terms as the parties deem
| 22 | | appropriate. ".
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