Full Text of SB0072 98th General Assembly
SB0072enr 98TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning safety.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | (30 ILCS 105/5.380 rep.) | 5 | | Section 3. The State Finance Act is amended by repealing | 6 | | Section 5.380.
| 7 | | (225 ILCS 52/Act rep.)
| 8 | | Section 5. The Industrial Hygienists Licensure Act is | 9 | | repealed. | 10 | | Section 7. The Commercial and Public Building Asbestos | 11 | | Abatement Act is amended by changing Section 20 as follows:
| 12 | | (225 ILCS 207/20)
| 13 | | Sec. 20. Powers and Duties of the Department.
| 14 | | (a) The Department is empowered to promulgate any rules
| 15 | | necessary to ensure proper implementation and administration | 16 | | of
this Act, and compliance with the federal Asbestos School | 17 | | Hazard Abatement
Reauthorization Act of 1990.
| 18 | | (b) Rules promulgated by the Department shall include, but | 19 | | not be limited
to, rules relating to the correct and safe | 20 | | performance of response action
services, rules for the | 21 | | assessment of civil penalties for violations of this
Act or |
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| 1 | | rules promulgated under it, and
rules providing for the | 2 | | training and licensing of persons
and firms (i) to perform | 3 | | asbestos inspection, (ii) to perform abatement
work, and (iii) | 4 | | to serve as asbestos abatement contractors, response action
| 5 | | contractors, and asbestos workers. The Department is empowered | 6 | | to inspect
activities regulated by this Act to ensure | 7 | | compliance.
| 8 | | Except as otherwise provided by Department rule, on and | 9 | | after the effective date of this amendatory Act of the 98th | 10 | | General Assembly, any licensing requirement adopted pursuant | 11 | | to this Section that may be satisfied by an industrial | 12 | | hygienist licensed pursuant to the Industrial Hygienists | 13 | | Licensure Act repealed in this amendatory Act may be satisfied | 14 | | by a Certified Industrial Hygienist certified by the American | 15 | | Board of Industrial Hygiene. | 16 | | (c) In carrying out its responsibilities under this Act, | 17 | | the
Department shall:
| 18 | | (1) Publish a list of response action contractors | 19 | | licensed under
this Act, except that the Department shall | 20 | | not be required to
publish a list of licensed asbestos | 21 | | workers; and
| 22 | | (2) Adopt rules for the collection of fees for training | 23 | | course
approval and for the licensing of inspectors, | 24 | | project designers,
contractors, supervisors, and workers.
| 25 | | (d) The provisions of the Illinois Administrative | 26 | | Procedure
Act are hereby expressly adopted
and shall apply to |
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| 1 | | all administrative rules and procedures of the
Department of | 2 | | Public Health under this Act, except that in case of
conflict | 3 | | between the Illinois Administrative Procedure Act and
this Act | 4 | | the provisions of this Act shall control, and except that
| 5 | | Section 5-35 of the Illinois Administrative Procedure Act | 6 | | relating to
procedures for rulemaking does not apply to the | 7 | | adoption of any
rule required by federal law in connection with | 8 | | which the
Department is precluded by law from exercising any | 9 | | discretion.
| 10 | | (e) All final administrative decisions of the Department
| 11 | | under this Act shall be subject to judicial review pursuant to | 12 | | the
provisions of the Administrative Review Law and the
rules | 13 | | adopted under it. The term "administrative decision"
has the | 14 | | meaning ascribed to it in Section 3-101 of the Code of Civil | 15 | | Procedure.
| 16 | | (f) The Director, after notice and opportunity for hearing | 17 | | to
the applicant or license holder, may deny, suspend, or | 18 | | revoke a
license or expunge such person from the State list in | 19 | | any case in
which he or she finds that there has been a | 20 | | substantial failure to
comply with the provisions of this Act | 21 | | or the standards or rules
established under it.
Notice shall be | 22 | | provided by certified mail, return receipt requested, or by
| 23 | | personal
service setting forth the particular response for the | 24 | | proposed action
and fixing a date, not less than 15 days from | 25 | | the date of such
mailing or service, at which time the | 26 | | applicant, asbestos abatement contractor,
or license holder |
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| 1 | | shall be given an opportunity to request hearing.
| 2 | | The hearing shall be conducted by the Director or by an
| 3 | | individual designated in writing by the Director as Hearing | 4 | | Officer
to conduct the hearing. On the basis of any such | 5 | | hearing, or upon
default of the asbestos abatement contractor, | 6 | | applicant or license holder, the
Director shall make a | 7 | | determination specifying his or her findings and
conclusions. A | 8 | | copy of the determination shall be sent by
certified mail, | 9 | | return receipt requested, or served personally upon the
| 10 | | applicant, contractor, or
license holder.
| 11 | | The procedure governing hearings authorized by this | 12 | | Section
shall be in accordance with rules promulgated by the | 13 | | Department.
A full and complete record shall be kept of all | 14 | | proceedings,
including the notice of hearing, complaint, and | 15 | | all other documents
in the nature of pleadings, written motions | 16 | | filed in the proceedings,
and the report and orders of the | 17 | | Director and Hearing Officer. All
testimony shall be reported | 18 | | but need not be transcribed unless the
decision is sought to be | 19 | | reviewed under the Administrative
Review Law. A copy or copies | 20 | | of the transcript may be obtained
by any interested party on | 21 | | payment of the cost of preparing the
copy or copies. The | 22 | | Director or Hearing Officer shall, upon his or
her own motion | 23 | | or on the written request of any party to the
proceeding, issue | 24 | | subpoenas requiring the attendance and the giving
of testimony | 25 | | by witnesses, and subpoenas duces tecum requiring the
| 26 | | production of books, papers, records, or memoranda. All |
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| 1 | | subpoenas
and subpoenas duces tecum issued under this Act may
| 2 | | be served by any person of legal age. The fees of witnesses for
| 3 | | attendance and travel shall be the same as the fees of | 4 | | witnesses
before the courts of this State, such fees to be paid | 5 | | when
the witness is excused from further attendance. When the | 6 | | witness
is subpoenaed at the instance of the Director or | 7 | | Hearing Officer,
such fees shall be paid in the same manner as | 8 | | other expenses of
the Department, and when the witness is | 9 | | subpoenaed at the
instance of any other party to any such | 10 | | proceeding the Department
may require that the cost of service | 11 | | of the subpoena or subpoena
duces tecum and the fee of the | 12 | | witness be borne by the party at
whose instance the witness is | 13 | | summoned. In such case, the
Department in its discretion may | 14 | | require a deposit to cover the cost
of such service and witness | 15 | | fees. A subpoena or subpoena duces
tecum so issued as above | 16 | | stated shall be served in the same
manner as a subpoena issued | 17 | | by a circuit court.
| 18 | | Any circuit court of this State, upon the application of | 19 | | the
Director, or upon the application of any other party to the
| 20 | | proceeding, may, in its discretion, compel the attendance of
| 21 | | witnesses, the production of books, papers, records, or | 22 | | memoranda
and the giving of testimony before the Director or | 23 | | Hearing Officer
conducting an investigation or holding a | 24 | | hearing authorized by this
Act, by an attachment for contempt | 25 | | or otherwise, in the same
manner as production of evidence may | 26 | | be compelled before the
court.
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| 1 | | The Director or Hearing Officer, or any party in an
| 2 | | investigation or hearing before the Department, may cause the
| 3 | | depositions of witnesses within this State to be taken in the | 4 | | manner
prescribed by law for like depositions in civil actions | 5 | | in courts of
this State, and, to that end, compel the | 6 | | attendance of witnesses and
the production of books, papers, | 7 | | records, or memoranda.
| 8 | | (Source: P.A. 89-143, eff. 7-14-95.)
| 9 | | Section 8. The Lead Poisoning Prevention Act is amended by | 10 | | changing Section 11.1 as follows:
| 11 | | (410 ILCS 45/11.1) (from Ch. 111 1/2, par. 1311.1)
| 12 | | Sec. 11.1. Licensing of lead abatement contractors and | 13 | | workers. Except as otherwise provided in this Act, performing | 14 | | lead abatement or
mitigation without a license is a Class A | 15 | | misdemeanor.
The Department shall provide by rule for the | 16 | | licensing of lead
abatement contractors and lead abatement | 17 | | workers and shall establish
standards and procedures for the | 18 | | licensure. The Department
may collect a reasonable fee for the | 19 | | licenses. The fees shall
be deposited into the Lead Poisoning | 20 | | Screening, Prevention, and
Abatement Fund and used by the | 21 | | Department for the costs of
licensing lead abatement | 22 | | contractors and workers and other activities
prescribed by this | 23 | | Act.
| 24 | | The Department shall promote and encourage minorities and |
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| 1 | | females and
minority and female owned entities to apply for | 2 | | licensure under this Act
as either licensed lead abatement | 3 | | workers or licensed lead abatement
contractors.
| 4 | | The Department may adopt any rules necessary to ensure | 5 | | proper
implementation and administration of this Act and of the | 6 | | federal Toxic
Substances Control Act, 15 USC 2682 and 2684, and | 7 | | the regulations promulgated
thereunder: Lead; Requirements for | 8 | | Lead-Based Paint Activities (40 CFR 745).
The application of | 9 | | this Section shall not be limited to the activities taken in
| 10 | | regard to lead poisoned children and shall include all | 11 | | activities related to
lead abatement, mitigation and training.
| 12 | | Except as otherwise provided by Department rule, on and | 13 | | after the effective date of this amendatory Act of the 98th | 14 | | General Assembly, any licensing requirement adopted pursuant | 15 | | to this Section that may be satisfied by an industrial | 16 | | hygienist licensed pursuant to the Industrial Hygienists | 17 | | Licensure Act repealed in this amendatory Act may be satisfied | 18 | | by a Certified Industrial Hygienist certified by the American | 19 | | Board of Industrial Hygiene. | 20 | | (Source: P.A. 89-381, eff. 8-18-95.)
| 21 | | Section 10. The Environmental Protection Act is amended by | 22 | | changing Sections 17, 22.2, and 22.8 as follows:
| 23 | | (415 ILCS 5/17) (from Ch. 111 1/2, par. 1017)
| 24 | | Sec. 17. Rules; chlorination requirements.
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| 1 | | (a) The Board may adopt regulations governing the location, | 2 | | design,
construction, and continuous operation and maintenance | 3 | | of public water
supply installations, changes or additions | 4 | | which may affect the continuous
sanitary quality, mineral | 5 | | quality, or adequacy of the public water supply,
pursuant to | 6 | | Title VII of this Act.
| 7 | | (b) The Agency shall exempt from any mandatory chlorination | 8 | | requirement
of the Board any community water supply which meets | 9 | | all of the following
conditions:
| 10 | | (1) The population of the community served is not more | 11 | | than 5,000;
| 12 | | (2) Has as its only source of raw water one or more | 13 | | properly constructed
wells into confined geologic | 14 | | formations not subject to contamination;
| 15 | | (3) Has no history of persistent or recurring | 16 | | contamination,
as indicated by sampling results which show | 17 | | violations of finished water
quality requirements, for the | 18 | | most recent five-year period;
| 19 | | (4) Does not provide any raw water treatment other than | 20 | | fluoridation;
| 21 | | (5) Has an active program approved by the Agency to | 22 | | educate water supply
consumers on preventing the entry of | 23 | | contaminants into the water system;
| 24 | | (6) Has a certified operator of the proper class, or if | 25 | | it is an exempt
community public water supply, under the | 26 | | Public Water Supply Operations Act has a registered person |
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| 1 | | responsible in
charge of operation of the public water | 2 | | supply ;
| 3 | | (7) Submits samples for microbiological analysis at | 4 | | twice
the frequency specified in the Board regulations; and
| 5 | | (8) A unit of local government seeking to exempt its | 6 | | public water supply
from the chlorination requirement | 7 | | under this subsection (b) on or after
September 9,
1983 | 8 | | shall be required to receive
the approval of the voters of | 9 | | such local government. The proposition to
exempt the | 10 | | community water supply from the mandatory chlorination | 11 | | requirement
shall be placed on the ballot if the governing | 12 | | body of the local government
adopts an ordinance or | 13 | | resolution directing the clerk of the local government
to | 14 | | place such question on the ballot. The clerk shall cause | 15 | | the election
officials to place the proposition on the | 16 | | ballot at the next election at
which such proposition may | 17 | | be voted upon if a certified copy of the adopted
ordinance | 18 | | or resolution is filed in his office at least 90 days | 19 | | before such
election. The proposition shall also be placed | 20 | | on the ballot if a petition
containing the signatures of at | 21 | | least 10% of the eligible voters residing
in the local | 22 | | government is filed with the clerk at least 90 days before | 23 | | the
next election at which the proposition may be voted | 24 | | upon. The proposition
shall be in substantially the | 25 | | following form:
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| 1 | | Shall the community
| 2 | | water supply of ..... (specify YES
| 3 | | the unit of local government)
| 4 | | be exempt from the mandatory -----------------------------
| 5 | | chlorination requirement NO
| 6 | | of the State of Illinois?
| 7 | | -------------------------------------------------------------
| 8 | | If the majority of the voters of the local government | 9 | | voting therein
vote in favor of the proposition, the community | 10 | | water supply of that local
government shall be exempt from the | 11 | | mandatory chlorination requirement,
provided that the other | 12 | | requirements under this subsection (b) are met.
If the majority | 13 | | of the vote is against such proposition, the community water
| 14 | | supply may not be exempt from the mandatory chlorination | 15 | | requirement.
| 16 | | Agency decisions regarding exemptions under this | 17 | | subsection may be appealed
to the Board pursuant to the | 18 | | provisions of Section 40(a) of this Act.
| 19 | | (c) Any supply showing contamination in its distribution | 20 | | system (including
finished water storage) may be required to | 21 | | chlorinate until the Agency has
determined that the source of | 22 | | contamination has been removed and all traces
of contamination | 23 | | in the distribution system have been eliminated. Standby
| 24 | | chlorination equipment may be required by the Agency if a | 25 | | supply otherwise
exempt from chlorination shows frequent or | 26 | | gross episodes of contamination.
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| 1 | | (Source: P.A. 92-574, eff. 6-26-02 .)
| 2 | | (415 ILCS 5/22.2) (from Ch. 111 1/2, par. 1022.2)
| 3 | | Sec. 22.2. Hazardous waste; fees; liability.
| 4 | | (a) There are hereby created within the State Treasury 2
| 5 | | special funds to be known respectively as the "Hazardous Waste | 6 | | Fund" and
the "Hazardous Waste Research Fund", constituted from | 7 | | the fees collected
pursuant to this Section.
In addition to the | 8 | | fees collected under this Section, the Hazardous Waste
Fund | 9 | | shall include other moneys made available from any source for | 10 | | deposit into
the Fund.
| 11 | | (b)(1) On and after January 1, 1989, the Agency shall | 12 | | collect from the
owner or operator of each of the following | 13 | | sites a fee in the amount of:
| 14 | | (A) 9 cents per gallon or $18.18 per cubic yard, if | 15 | | the
hazardous waste disposal site is located off the | 16 | | site where such waste was
produced. The maximum amount | 17 | | payable under this subdivision (A) with respect
to the | 18 | | hazardous waste generated by a single generator and | 19 | | deposited in
monofills is $30,000 per year. If, as a | 20 | | result of the use of multiple monofills, waste
fees in | 21 | | excess of the maximum are assessed with respect to a | 22 | | single waste
generator, the generator may apply to the | 23 | | Agency for a credit.
| 24 | | (B) 9 cents or $18.18 per cubic yard, if the | 25 | | hazardous waste
disposal site is located on the site |
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| 1 | | where such waste was produced,
provided however the | 2 | | maximum amount of fees payable under this paragraph
(B) | 3 | | is $30,000 per year for each such hazardous waste | 4 | | disposal site.
| 5 | | (C) If the hazardous waste disposal site is an | 6 | | underground injection
well, $6,000 per year if not more | 7 | | than 10,000,000 gallons per year are
injected, $15,000 | 8 | | per year if more than 10,000,000 gallons but not more | 9 | | than
50,000,000 gallons per year are injected, and | 10 | | $27,000 per year if more than
50,000,000 gallons per | 11 | | year are injected.
| 12 | | (D) 3 cents per gallon or
$6.06 per cubic yard of | 13 | | hazardous waste received
for treatment at a hazardous | 14 | | waste treatment site, if the hazardous waste
treatment | 15 | | site is located off the site where such waste was | 16 | | produced and
if such hazardous waste treatment site is | 17 | | owned, controlled and operated
by a person other than | 18 | | the generator of such waste.
After treatment at such | 19 | | hazardous waste treatment site, the waste shall
not be | 20 | | subject to any other fee imposed by this subsection | 21 | | (b). For purposes
of this subsection (b), the term | 22 | | "treatment" is defined as in Section
3.505 but shall | 23 | | not include recycling, reclamation or reuse.
| 24 | | (2) The General Assembly shall annually appropriate to | 25 | | the Fund such
amounts as it deems necessary to fulfill the | 26 | | purposes of this Act.
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| 1 | | (3) The Agency shall have the authority to accept, | 2 | | receive, and
administer on behalf of the State any moneys | 3 | | made available to the State from
any source for the | 4 | | purposes of the Hazardous Waste Fund set forth in | 5 | | subsection
(d) of this Section.
| 6 | | (4) Of the amount collected as fees provided for in | 7 | | this Section, the
Agency shall manage the use of such funds | 8 | | to assure that sufficient funds
are available for match | 9 | | towards federal expenditures for response action at
sites | 10 | | which are listed on the National Priorities List; provided, | 11 | | however,
that this shall not apply to additional monies | 12 | | appropriated to the Fund by
the General Assembly, nor shall | 13 | | it apply in the event that the Director
finds that revenues | 14 | | in the Hazardous Waste Fund must be used to address
| 15 | | conditions which create or may create an immediate danger | 16 | | to the
environment or public health or to the welfare of | 17 | | the people of the State
of Illinois.
| 18 | | (5) Notwithstanding the other provisions of this
| 19 | | subsection (b), sludge from a publicly-owned sewage works | 20 | | generated
in Illinois, coal mining wastes and refuse | 21 | | generated in Illinois, bottom
boiler ash, flyash and flue | 22 | | gas desulphurization sludge from public
utility electric | 23 | | generating facilities located in Illinois, and bottom
| 24 | | boiler ash and flyash from all incinerators which process | 25 | | solely
municipal waste shall not be subject to the fee.
| 26 | | (6) For the purposes of this subsection (b), "monofill" |
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| 1 | | means a
facility, or a unit at a facility, that accepts | 2 | | only wastes bearing the
same USEPA hazardous waste | 3 | | identification number, or compatible wastes as
determined | 4 | | by the Agency.
| 5 | | (c) The Agency shall establish procedures, not later than | 6 | | January 1,
1984, relating to the collection of the fees | 7 | | authorized by this Section.
Such procedures shall include, but | 8 | | not be limited to: (1) necessary records
identifying the | 9 | | quantities of hazardous waste received or disposed; (2) the
| 10 | | form and submission of reports to accompany the payment of fees | 11 | | to the
Agency; and (3) the time and manner of payment of fees | 12 | | to the Agency,
which payments shall be not more often than | 13 | | quarterly.
| 14 | | (d) Beginning July 1, 1996, the Agency shall deposit all | 15 | | such receipts in the State Treasury to the credit of the
| 16 | | Hazardous Waste Fund, except as provided in subsection (e) of | 17 | | this Section.
All monies in the Hazardous Waste Fund shall be | 18 | | used by the Agency for the following purposes:
| 19 | | (1) Taking whatever preventive or corrective
action is | 20 | | necessary or appropriate, in circumstances certified by | 21 | | the
Director, including but not limited to removal or | 22 | | remedial
action whenever there is a release or substantial | 23 | | threat of a release of
a hazardous substance or pesticide; | 24 | | provided, the Agency shall
expend no more than $1,000,000 | 25 | | on any single incident without appropriation
by the General | 26 | | Assembly.
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| 1 | | (2) To meet any requirements which must be met by the | 2 | | State in order
to obtain federal funds pursuant to the | 3 | | Comprehensive Environmental Response,
Compensation and | 4 | | Liability Act of 1980, (P.L. 96-510).
| 5 | | (3) In an amount up to 30% of the amount collected as | 6 | | fees provided
for in this Section, for use by the Agency to | 7 | | conduct
groundwater protection activities, including | 8 | | providing grants to appropriate
units of local government | 9 | | which are addressing protection of underground waters
| 10 | | pursuant to the provisions of this Act.
| 11 | | (4) To fund the development and implementation of the | 12 | | model pesticide
collection program under Section 19.1 of | 13 | | the Illinois Pesticide Act.
| 14 | | (5) To the extent the Agency has received and deposited | 15 | | monies in the
Fund other than fees collected under | 16 | | subsection (b) of this Section, to pay for
the cost of | 17 | | Agency employees for
services provided in reviewing the | 18 | | performance of response actions pursuant to
Title XVII of | 19 | | this Act.
| 20 | | (6) In an amount up to 15% of the fees collected | 21 | | annually
under subsection (b) of this Section, for use by | 22 | | the Agency
for administration of the provisions of this | 23 | | Section.
| 24 | | (e) The Agency shall deposit 10% of all receipts collected | 25 | | under subsection
(b) of this Section, but not to exceed | 26 | | $200,000 per year, in the State
Treasury to the credit of the |
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| 1 | | Hazardous Waste Research Fund established by this
Act. Pursuant | 2 | | to appropriation, all monies in such Fund shall be used by the | 3 | | University of Illinois
for the purposes set forth in
this | 4 | | subsection.
| 5 | | The University of Illinois may enter into contracts with | 6 | | business,
industrial, university, governmental or other | 7 | | qualified individuals or
organizations to assist in the | 8 | | research and development intended to recycle,
reduce the volume | 9 | | of, separate, detoxify or reduce the hazardous properties of
| 10 | | hazardous wastes in Illinois. Monies in the Fund may also be | 11 | | used by the University of Illinois
for technical studies, | 12 | | monitoring activities,
and educational and research activities | 13 | | which are related to the protection of
underground waters. | 14 | | Monies in the Hazardous Waste Research Fund may be used to
| 15 | | administer the Illinois Health and Hazardous Substances | 16 | | Registry Act. Monies
in the Hazardous Waste Research Fund shall | 17 | | not be used for any sanitary
landfill or the acquisition or | 18 | | construction of any facility. This does not
preclude the | 19 | | purchase of equipment for the purpose of public demonstration
| 20 | | projects. The University of Illinois shall adopt guidelines for | 21 | | cost
sharing, selecting, and administering projects under this | 22 | | subsection.
| 23 | | (f) Notwithstanding any other provision or rule of law, and | 24 | | subject
only to the defenses set forth in subsection (j) of | 25 | | this Section, the
following persons shall be liable for all | 26 | | costs of removal or remedial
action incurred by the State of |
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| 1 | | Illinois or any unit of local
government as a result of a | 2 | | release or substantial threat of a release of
a hazardous | 3 | | substance or pesticide:
| 4 | | (1) the owner and operator of a facility or vessel from | 5 | | which there is
a release or substantial threat of release | 6 | | of a hazardous substance or
pesticide;
| 7 | | (2) any person who at the time of disposal, transport, | 8 | | storage or
treatment of a hazardous substance or pesticide | 9 | | owned or operated the
facility or vessel used for such | 10 | | disposal, transport, treatment or storage
from which there | 11 | | was a release or substantial threat of a release of any
| 12 | | such hazardous substance or pesticide;
| 13 | | (3) any person who by contract, agreement, or otherwise | 14 | | has arranged with
another party or entity for transport, | 15 | | storage, disposal or treatment of
hazardous substances or | 16 | | pesticides owned, controlled or possessed by such
person at | 17 | | a facility owned or operated by another party or entity | 18 | | from
which facility there is a release or substantial | 19 | | threat of a release of
such hazardous substances or | 20 | | pesticides; and
| 21 | | (4) any person who accepts or accepted any hazardous | 22 | | substances or
pesticides for transport to disposal, | 23 | | storage or treatment facilities or
sites from which there | 24 | | is a release or a substantial threat of a release of
a | 25 | | hazardous substance or pesticide.
| 26 | | Any monies received by the State of Illinois pursuant to |
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| 1 | | this
subsection (f) shall be deposited in the State Treasury to | 2 | | the credit
of the Hazardous Waste Fund.
| 3 | | In accordance with the other provisions of this Section, | 4 | | costs of
removal or remedial action incurred by a unit of local | 5 | | government may be
recovered in an action before the Board | 6 | | brought by the unit of local
government under subsection (i) of | 7 | | this Section. Any monies so recovered
shall be paid to the unit | 8 | | of local government.
| 9 | | (g)(1) No indemnification, hold harmless, or similar | 10 | | agreement or conveyance
shall be effective to transfer from | 11 | | the owner or operator of any vessel
or facility or from any | 12 | | person who may be liable for a release or
substantial | 13 | | threat of a release under this Section, to any other person | 14 | | the
liability imposed under this Section. Nothing in this | 15 | | Section shall bar
any agreement to insure, hold harmless or | 16 | | indemnify a party to such
agreements for any liability | 17 | | under this Section.
| 18 | | (2) Nothing in this Section, including the provisions | 19 | | of paragraph (g)(1)
of this Section, shall bar a cause of | 20 | | action that an owner or operator or
any other person | 21 | | subject to liability under this Section, or a guarantor,
| 22 | | has or would have, by reason of subrogation or otherwise | 23 | | against any person.
| 24 | | (h) For purposes of this Section:
| 25 | | (1) The term "facility" means:
| 26 | | (A) any building, structure, installation, |
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| 1 | | equipment, pipe or pipeline
including but not limited | 2 | | to any pipe into a sewer or publicly owned
treatment | 3 | | works, well, pit, pond, lagoon, impoundment, ditch, | 4 | | landfill,
storage container, motor vehicle, rolling | 5 | | stock, or aircraft; or
| 6 | | (B) any site or area where a hazardous substance | 7 | | has been deposited,
stored, disposed of, placed, or | 8 | | otherwise come to be located.
| 9 | | (2) The term "owner or operator" means:
| 10 | | (A) any person owning or operating a vessel or | 11 | | facility;
| 12 | | (B) in the case of an abandoned facility, any | 13 | | person owning or operating
the abandoned facility or | 14 | | any person who owned, operated, or otherwise
| 15 | | controlled activities at the abandoned facility | 16 | | immediately prior to such
abandonment;
| 17 | | (C) in the case of a land trust as defined in | 18 | | Section 2 of the Land
Trustee as Creditor Act, the | 19 | | person owning the beneficial interest in the land
| 20 | | trust;
| 21 | | (D) in the case of a fiduciary (other than a land | 22 | | trustee), the estate,
trust estate, or other interest | 23 | | in property held in a fiduciary capacity,
and not the | 24 | | fiduciary. For the purposes of this Section, | 25 | | "fiduciary" means
a trustee, executor, administrator, | 26 | | guardian, receiver, conservator or other
person |
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| 1 | | holding a facility or vessel in a fiduciary capacity;
| 2 | | (E) in the case of a "financial institution", | 3 | | meaning the Illinois
Housing Development Authority and | 4 | | that term as defined in Section 2 of the
Illinois | 5 | | Banking Act, that has acquired ownership, operation, | 6 | | management,
or control of a vessel or facility through | 7 | | foreclosure or under the terms
of a security interest | 8 | | held by the financial institution or under the terms
of | 9 | | an extension of credit made by the financial | 10 | | institution, the financial
institution only if the | 11 | | financial institution takes possession of the
vessel | 12 | | or facility and the financial institution exercises | 13 | | actual, direct,
and continual or recurrent managerial | 14 | | control in the operation of the
vessel or facility that | 15 | | causes a release or substantial threat of a release
of | 16 | | a hazardous substance or pesticide resulting in | 17 | | removal or remedial
action;
| 18 | | (F) In the case of an owner of residential | 19 | | property, the owner if the
owner is a person other than | 20 | | an individual, or if the owner is an individual
who | 21 | | owns more than 10 dwelling units in Illinois, or if the | 22 | | owner, or an agent,
representative, contractor, or | 23 | | employee of the owner, has caused, contributed
to, or | 24 | | allowed the release or threatened release of a | 25 | | hazardous substance or
pesticide. The term | 26 | | "residential property" means single family residences |
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| 1 | | of
one to 4 dwelling units, including accessory land, | 2 | | buildings, or improvements
incidental to those | 3 | | dwellings that are exclusively used for the | 4 | | residential
use. For purposes of this subparagraph | 5 | | (F), the term "individual" means a
natural person, and | 6 | | shall not include corporations, partnerships, trusts, | 7 | | or
other non-natural persons.
| 8 | | (G) In the case of any facility, title or control | 9 | | of which was
conveyed due to bankruptcy, foreclosure, | 10 | | tax delinquency, abandonment, or
similar means
to a | 11 | | unit of State or local government, any person who | 12 | | owned, operated, or
otherwise controlled activities at | 13 | | the facility immediately beforehand.
| 14 | | (H) The term "owner or operator" does not include a | 15 | | unit of State or
local government which acquired | 16 | | ownership or control through bankruptcy, tax
| 17 | | delinquency, abandonment, or other circumstances in | 18 | | which the government
acquires title by virtue of its | 19 | | function as sovereign. The exclusion provided
under | 20 | | this paragraph shall not apply to any State or local | 21 | | government which has
caused or contributed to the | 22 | | release or threatened release of a hazardous
substance | 23 | | from the facility, and such a State or local government | 24 | | shall be
subject to the provisions of this Act in the | 25 | | same manner and to the same
extent, both procedurally | 26 | | and substantively, as any nongovernmental entity,
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| 1 | | including liability under Section 22.2(f).
| 2 | | (i) The costs and damages provided for in this Section may | 3 | | be imposed by
the Board in an action brought before the Board | 4 | | in accordance with Title
VIII of this Act, except that Section | 5 | | 33(c) of this Act shall not apply to
any such action.
| 6 | | (j)(1) There shall be no liability under this Section for a | 7 | | person
otherwise liable who can establish by a preponderance of | 8 | | the evidence that
the release or substantial threat of release | 9 | | of a hazardous substance and
the damages resulting therefrom | 10 | | were caused solely by:
| 11 | | (A) an act of God;
| 12 | | (B) an act of war;
| 13 | | (C) an act or omission of a third party other than an | 14 | | employee or agent
of the defendant, or other than one whose | 15 | | act or omission occurs in
connection with a contractual | 16 | | relationship, existing directly or
indirectly, with the | 17 | | defendant (except where the sole contractual
arrangement | 18 | | arises from a published tariff and acceptance for carriage | 19 | | by a
common carrier by rail), if the defendant establishes | 20 | | by a preponderance of
the evidence that (i) he exercised | 21 | | due care with respect to the hazardous
substance concerned, | 22 | | taking into consideration the characteristics of such
| 23 | | hazardous substance, in light of all relevant facts and | 24 | | circumstances, and
(ii) he took precautions against | 25 | | foreseeable acts or omissions of any such
third party and | 26 | | the consequences that could foreseeably result from such
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| 1 | | acts or omissions; or
| 2 | | (D) any combination of the foregoing paragraphs.
| 3 | | (2) There shall be no liability under this Section for any | 4 | | release
permitted by State or federal law.
| 5 | | (3) There shall be no liability under this Section for | 6 | | damages as a result
of actions taken or omitted in the course | 7 | | of rendering care, assistance,
or advice in accordance with | 8 | | this Section or the National Contingency Plan
pursuant to the | 9 | | Comprehensive Environmental Response, Compensation and
| 10 | | Liability Act of 1980 (P.L. 96-510) or at the direction of an
| 11 | | on-scene coordinator appointed under such plan, with respect to | 12 | | an incident
creating a danger to public health or welfare or | 13 | | the environment as a result
of any release of a hazardous | 14 | | substance or a substantial threat thereof. This
subsection | 15 | | shall not preclude liability for damages as the result of gross
| 16 | | negligence or intentional misconduct on the part of such | 17 | | person. For the
purposes of the preceding sentence, reckless, | 18 | | willful, or wanton misconduct
shall constitute gross | 19 | | negligence.
| 20 | | (4) There shall be no liability under this Section for any | 21 | | person
(including, but not limited to, an owner of residential | 22 | | property who applies a
pesticide to the residential property or | 23 | | who has another person apply a
pesticide to the residential | 24 | | property) for response costs or damages as the
result of the | 25 | | storage, handling and use, or recommendation for storage,
| 26 | | handling and use, of a pesticide consistent with:
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| 1 | | (A) its directions for storage, handling and use as | 2 | | stated in its
label or labeling;
| 3 | | (B) its warnings and cautions as stated in its label or | 4 | | labeling; and
| 5 | | (C) the uses for which it is registered under the | 6 | | Federal Insecticide,
Fungicide and Rodenticide Act and the | 7 | | Illinois Pesticide Act.
| 8 | | (4.5) There shall be no liability under subdivision (f)(1) | 9 | | of this Section
for response costs or damages as the result of | 10 | | a release
of a pesticide from an agrichemical facility site if
| 11 | | the Agency has received notice from the Department of | 12 | | Agriculture pursuant to
Section 19.3 of the Illinois Pesticide | 13 | | Act, the owner or operator of the
agrichemical facility is | 14 | | proceeding with a corrective action plan under the
Agrichemical | 15 | | Facility Response Action Program implemented under that | 16 | | Section,
and the Agency
has provided a written endorsement of a | 17 | | corrective action plan.
| 18 | | (4.6) There shall be no liability under subdivision (f)(1) | 19 | | of this
Section for response costs or damages as the result of | 20 | | a substantial threat of
a release of a pesticide from an | 21 | | agrichemical facility site if
the Agency has received notice | 22 | | from the Department of Agriculture pursuant to
Section 19.3 of | 23 | | the Illinois Pesticide Act and the owner or operator of the
| 24 | | agrichemical facility is proceeding with a corrective action | 25 | | plan under the
Agrichemical Facility Response Action Program | 26 | | implemented under that
Section.
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| 1 | | (5) Nothing in this subsection (j) shall affect or modify | 2 | | in any way the
obligations or liability of any person under any | 3 | | other provision of this
Act or State or federal law, including | 4 | | common law, for damages, injury,
or loss resulting from a | 5 | | release or substantial threat of a release of any
hazardous | 6 | | substance or for removal or remedial action or the costs of | 7 | | removal
or remedial action of such hazardous substance.
| 8 | | (6)(A) The term "contractual relationship", for the | 9 | | purpose of this
subsection includes, but is not limited to, | 10 | | land contracts, deeds or other
instruments transferring title | 11 | | or possession, unless the real property on
which the facility | 12 | | concerned is located was acquired by the defendant after
the | 13 | | disposal or placement of the hazardous substance on, in, or at | 14 | | the
facility, and one or more of the circumstances described in | 15 | | clause (i),
(ii), or (iii) of this paragraph is also | 16 | | established by the defendant by a
preponderance of the | 17 | | evidence:
| 18 | | (i) At the time the defendant acquired the facility the | 19 | | defendant did
not know and had no reason to know that any | 20 | | hazardous substance which is
the subject of the release or | 21 | | threatened release was disposed of on, in or
at the | 22 | | facility.
| 23 | | (ii) The defendant is a government entity which | 24 | | acquired the facility by
escheat, or through any other | 25 | | involuntary transfer or acquisition, or
through the | 26 | | exercise of eminent domain authority by purchase or |
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| 1 | | condemnation.
| 2 | | (iii) The defendant acquired the facility by | 3 | | inheritance or bequest.
| 4 | | In addition to establishing the foregoing, the defendant | 5 | | must establish
that he has satisfied the requirements of | 6 | | subparagraph (C) of paragraph (l)
of this subsection (j).
| 7 | | (B) To establish the defendant had no reason to know, as | 8 | | provided in
clause (i) of subparagraph (A) of this paragraph, | 9 | | the defendant must have
undertaken, at the time of acquisition, | 10 | | all appropriate inquiry into the
previous ownership and uses of | 11 | | the property consistent with good commercial
or customary | 12 | | practice in an effort to minimize liability. For purposes of
| 13 | | the preceding sentence, the court shall take into account any | 14 | | specialized
knowledge or experience on the part of the | 15 | | defendant, the relationship of
the purchase price to the value | 16 | | of the property if uncontaminated, commonly
known or reasonably | 17 | | ascertainable information about the property, the
obviousness | 18 | | of the presence or likely presence of contamination at the
| 19 | | property, and the ability to detect such contamination by | 20 | | appropriate
inspection.
| 21 | | (C) Nothing in this paragraph (6) or in subparagraph (C) of | 22 | | paragraph
(1) of this subsection shall diminish the liability | 23 | | of any previous owner
or operator of such facility who would | 24 | | otherwise be liable under this Act.
Notwithstanding this | 25 | | paragraph (6), if the defendant obtained actual
knowledge of | 26 | | the release or threatened release of a hazardous substance at
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| 1 | | such facility when the defendant owned the real property and | 2 | | then
subsequently transferred ownership of the property to | 3 | | another person
without disclosing such knowledge, such | 4 | | defendant shall be treated as
liable under subsection (f) of | 5 | | this Section and no defense under
subparagraph (C) of paragraph | 6 | | (1) of this subsection shall be available
to such defendant.
| 7 | | (D) Nothing in this paragraph (6) shall affect the | 8 | | liability under this
Act of a defendant who, by any act or | 9 | | omission, caused or contributed to
the release or threatened | 10 | | release of a hazardous substance which is the
subject of the | 11 | | action relating to the facility.
| 12 | | (E)(i) Except as provided in clause (ii) of this | 13 | | subparagraph (E), a
defendant who has acquired real property | 14 | | shall have established a rebuttable
presumption against all | 15 | | State claims and a conclusive presumption against all
private | 16 | | party claims that the defendant has made all appropriate | 17 | | inquiry within
the meaning of subdivision (6)(B) of this | 18 | | subsection (j) if the defendant
proves that immediately prior | 19 | | to or at the time of the acquisition:
| 20 | | (I) the defendant obtained a Phase I Environmental | 21 | | Audit of the real
property that meets or exceeds the | 22 | | requirements of this subparagraph (E), and
the Phase I | 23 | | Environmental Audit did not disclose the presence or likely
| 24 | | presence of a release or a substantial threat of a release | 25 | | of a hazardous
substance or pesticide at, on, to, or from | 26 | | the real property; or
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| 1 | | (II) the defendant obtained a Phase II Environmental | 2 | | Audit of the real
property that meets or exceeds the | 3 | | requirements of this subparagraph (E), and
the Phase II | 4 | | Environmental Audit did not disclose the presence or likely
| 5 | | presence of a release or a substantial threat of a release | 6 | | of a hazardous
substance or pesticide at, on, to, or from | 7 | | the real property.
| 8 | | (ii) No presumption shall be created under clause (i) of | 9 | | this subparagraph
(E), and a defendant shall be precluded from | 10 | | demonstrating that the defendant
has made all appropriate | 11 | | inquiry within the meaning of subdivision (6)(B) of
this | 12 | | subsection (j), if:
| 13 | | (I) the defendant fails to obtain all Environmental | 14 | | Audits required under
this subparagraph (E) or any such | 15 | | Environmental Audit fails to meet or exceed
the | 16 | | requirements of this subparagraph (E);
| 17 | | (II) a Phase I Environmental Audit discloses the | 18 | | presence or likely
presence of a release or a substantial | 19 | | threat of a release of a hazardous
substance or pesticide | 20 | | at, on, to, or from real property, and the defendant
fails | 21 | | to obtain a Phase II Environmental Audit;
| 22 | | (III) a Phase II Environmental Audit discloses the | 23 | | presence or likely
presence of a release or a substantial | 24 | | threat of a release of a hazardous
substance or pesticide | 25 | | at, on, to, or from the real property;
| 26 | | (IV) the defendant fails to maintain a written |
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| 1 | | compilation and explanatory
summary report of the | 2 | | information reviewed in the course of each Environmental
| 3 | | Audit under this subparagraph (E); or
| 4 | | (V) there is any evidence of fraud, material | 5 | | concealment, or material
misrepresentation by the | 6 | | defendant of environmental conditions or of related
| 7 | | information discovered during the course of an | 8 | | Environmental Audit.
| 9 | | (iii) For purposes of this subparagraph (E), the term | 10 | | "environmental
professional" means an individual (other than a | 11 | | practicing attorney) who,
through academic training, | 12 | | occupational experience, and reputation (such as
engineers, | 13 | | industrial hygienists, or geologists) can objectively conduct | 14 | | one or
more aspects of an Environmental Audit and who either:
| 15 | | (I) maintains at the time of the Environmental Audit | 16 | | and for at least one
year thereafter at least $500,000 of | 17 | | environmental consultants' professional
liability | 18 | | insurance coverage issued by an insurance company licensed | 19 | | to do
business in Illinois; or
| 20 | | (II) is an Illinois licensed professional engineer or a | 21 | | Certified Industrial Hygienist certified by the American | 22 | | Board of Industrial Hygiene an Illinois licensed
| 23 | | industrial hygienist .
| 24 | | An environmental professional may employ persons who are | 25 | | not environmental
professionals to assist in the preparation of | 26 | | an Environmental Audit if such
persons are under the direct |
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| 1 | | supervision and control of the environmental
professional.
| 2 | | (iv) For purposes of this subparagraph (E), the term "real | 3 | | property"
means any interest in any parcel of land, and | 4 | | includes, but is not limited to,
buildings, fixtures, and
| 5 | | improvements.
| 6 | | (v) For purposes of this subparagraph (E), the term "Phase | 7 | | I Environmental
Audit" means an investigation of real property, | 8 | | conducted by environmental
professionals, to discover the | 9 | | presence or likely presence of a release or a
substantial | 10 | | threat of a release of a hazardous substance or pesticide at, | 11 | | on,
to, or from real property, and whether a release or a | 12 | | substantial threat of
a release of a hazardous substance or | 13 | | pesticide has occurred or may occur at,
on, to, or from the | 14 | | real property. Until such time as the United
States | 15 | | Environmental Protection Agency establishes
standards for | 16 | | making appropriate inquiry into the previous
ownership and uses | 17 | | of the facility pursuant to 42 U.S.C.
Sec. 9601(35)(B)(ii), the | 18 | | investigation shall comply with the
procedures of the American | 19 | | Society for Testing and
Materials, including the document known | 20 | | as Standard
E1527-97, entitled "Standard Procedures for | 21 | | Environmental
Site Assessment: Phase 1 Environmental Site | 22 | | Assessment
Process". Upon their adoption, the standards | 23 | | promulgated
by USEPA pursuant to 42 U.S.C. Sec. 9601(35)(B)(ii) | 24 | | shall
govern the performance of Phase I Environmental Audits. | 25 | | In
addition to the above requirements, the Phase I
| 26 | | Environmental Audit shall include a review of recorded land
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| 1 | | title records for the purpose of determining whether the real
| 2 | | property is subject to an environmental land use restriction
| 3 | | such as a No Further Remediation Letter, Environmental
Land Use | 4 | | Control, or Highway Authority Agreement.
| 5 | | (vi) For purposes of subparagraph (E), the term "Phase II | 6 | | Environmental
Audit" means an investigation of real property, | 7 | | conducted by environmental
professionals, subsequent to a | 8 | | Phase I Environmental Audit. If the Phase I
Environmental Audit | 9 | | discloses the presence or likely presence of a hazardous
| 10 | | substance or a pesticide or a release or a substantial threat | 11 | | of a release of
a hazardous substance or pesticide:
| 12 | | (I) In or to soil, the defendant, as part of the Phase | 13 | | II Environmental
Audit, shall perform a series of soil | 14 | | borings sufficient to determine whether
there is a presence | 15 | | or likely presence of a hazardous substance or pesticide
| 16 | | and whether there is or has been a release or a substantial | 17 | | threat of a release
of a hazardous substance or pesticide | 18 | | at, on, to, or from the real property.
| 19 | | (II) In or to groundwater, the defendant, as part of | 20 | | the Phase II
Environmental Audit, shall: review | 21 | | information regarding local geology, water
well locations, | 22 | | and locations of waters of the State as may be obtained | 23 | | from
State, federal, and local government records, | 24 | | including but not limited to the
United States Geological | 25 | | Survey, the State Geological Survey of the University of | 26 | | Illinois, and the State Water
Survey of the University of |
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| 1 | | Illinois; and
perform groundwater monitoring sufficient to | 2 | | determine whether there is a
presence or likely presence of | 3 | | a hazardous substance or pesticide, and whether
there is or | 4 | | has been a release or a substantial threat of a release of | 5 | | a
hazardous substance or pesticide at, on, to, or from the | 6 | | real property.
| 7 | | (III) On or to media other than soil or groundwater, | 8 | | the defendant, as
part of the Phase II Environmental Audit, | 9 | | shall perform an investigation
sufficient to determine | 10 | | whether there is a presence or likely presence of a
| 11 | | hazardous substance or pesticide, and whether there is or | 12 | | has been a release or
a substantial threat of a release of | 13 | | a hazardous substance or pesticide at, on,
to, or from the | 14 | | real property.
| 15 | | (vii) The findings of each Environmental Audit prepared | 16 | | under this
subparagraph (E) shall be set forth in a written | 17 | | audit report. Each audit
report shall contain an affirmation by | 18 | | the defendant and by each environmental
professional who | 19 | | prepared the Environmental Audit that the facts stated in the
| 20 | | report are true and are made under a penalty of perjury as | 21 | | defined in Section
32-2 of the Criminal Code of 1961. It is | 22 | | perjury for any person to sign an
audit report that contains a | 23 | | false material statement that the person does not
believe to be | 24 | | true.
| 25 | | (viii) The Agency is not required to review, approve, or | 26 | | certify the results
of any Environmental Audit. The performance |
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| 1 | | of an Environmental Audit shall in
no way entitle a defendant | 2 | | to a presumption of Agency approval or certification
of the | 3 | | results of the Environmental Audit.
| 4 | | The presence or absence of a disclosure document prepared | 5 | | under the
Responsible Property Transfer Act of 1988 shall not | 6 | | be a defense under this
Act and shall not satisfy the | 7 | | requirements of subdivision (6)(A) of this
subsection (j).
| 8 | | (7) No person shall be liable under this Section for | 9 | | response costs
or damages as the result of a pesticide release | 10 | | if the Agency has found
that a pesticide release occurred based | 11 | | on a Health Advisory issued by the
U.S. Environmental | 12 | | Protection Agency or an action level developed by the
Agency, | 13 | | unless the Agency notified the manufacturer of the pesticide | 14 | | and
provided an opportunity of not less than 30 days for the | 15 | | manufacturer to
comment on the technical and scientific | 16 | | justification supporting the Health
Advisory or action level.
| 17 | | (8) No person shall be liable under this Section for | 18 | | response costs or
damages as the result of a pesticide release | 19 | | that occurs in the course of a
farm pesticide collection | 20 | | program operated under Section 19.1 of the
Illinois Pesticide | 21 | | Act, unless the release results from gross negligence or
| 22 | | intentional misconduct.
| 23 | | (k) If any person who is liable for a release or | 24 | | substantial threat of
release of a hazardous substance or | 25 | | pesticide fails without sufficient
cause to provide removal or | 26 | | remedial action upon or in accordance with a
notice and request |
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| 1 | | by the Agency or upon or in accordance with any order of
the | 2 | | Board or any court, such person may be liable to the State for | 3 | | punitive
damages in an amount at least equal to, and not more | 4 | | than 3 times, the
amount of any costs incurred by the State of | 5 | | Illinois as a result of such
failure to take such removal or | 6 | | remedial action. The punitive damages
imposed by the Board | 7 | | shall be in addition to any costs recovered from such
person | 8 | | pursuant to this Section and in addition to any other penalty | 9 | | or
relief provided by this Act or any other law.
| 10 | | Any monies received by the State pursuant to this | 11 | | subsection (k) shall
be deposited in the Hazardous Waste Fund.
| 12 | | (l) Beginning January 1, 1988, and prior to January 1, | 13 | | 2013, the Agency shall annually collect a $250
fee for each | 14 | | Special Waste Hauling Permit Application and, in addition,
| 15 | | shall collect a fee of $20 for each waste hauling vehicle | 16 | | identified in the
annual permit application and for each | 17 | | vehicle which is added to the permit
during the annual period. | 18 | | Beginning January 1, 2013, the Agency shall issue 3-year | 19 | | Special Waste Hauling Permits instead of annual Special Waste | 20 | | Hauling Permits and shall collect a $750 fee for each Special | 21 | | Waste Hauling Permit Application. In addition, beginning | 22 | | January 1, 2013, the Agency shall collect a fee of $60 for each | 23 | | waste hauling vehicle identified in the permit application and | 24 | | for each vehicle that is added to the permit during the 3-year | 25 | | period. The Agency shall deposit 85% of such fees
collected | 26 | | under this subsection in the State Treasury to the credit of
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| 1 | | the Hazardous Waste Research Fund; and shall deposit the | 2 | | remaining 15% of
such fees collected in the State Treasury to | 3 | | the credit of the
Environmental Protection Permit and | 4 | | Inspection Fund. The majority of such
receipts which are | 5 | | deposited in the Hazardous Waste Research Fund pursuant
to this | 6 | | subsection shall be used by the University of Illinois for
| 7 | | activities which relate to the protection of underground | 8 | | waters.
| 9 | | (l-5) (Blank).
| 10 | | (m) (Blank).
| 11 | | (n) (Blank).
| 12 | | (Source: P.A. 97-220, eff. 7-28-11; 97-1081, eff. 8-24-12.)
| 13 | | (415 ILCS 5/22.8) (from Ch. 111 1/2, par. 1022.8)
| 14 | | Sec. 22.8. Environmental Protection Permit and Inspection | 15 | | Fund.
| 16 | | (a) There is hereby created in the State Treasury a special | 17 | | fund to be known
as the Environmental Protection Permit and | 18 | | Inspection Fund. All fees collected
by the Agency pursuant to | 19 | | this Section, Section 9.6, 12.2, 16.1, 22.2
(j)(6)(E)(v)(IV), | 20 | | 56.4, 56.5, 56.6, and subsection (f) of Section 5 of this
Act | 21 | | or pursuant to Section 22 of the Public Water Supply Operations | 22 | | Act
and funds collected under subsection (b.5) of Section 42 of | 23 | | this Act
shall be deposited into the Fund. In addition to any | 24 | | monies appropriated
from the General Revenue Fund, monies in | 25 | | the Fund shall be appropriated
by the General Assembly to the |
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| 1 | | Agency in amounts deemed necessary for
manifest, permit, and | 2 | | inspection activities and for processing requests
under | 3 | | Section 22.2 (j)(6)(E)(v)(IV).
| 4 | | The General Assembly may appropriate monies in the Fund | 5 | | deemed necessary
for Board regulatory and adjudicatory | 6 | | proceedings.
| 7 | | (a-5) As soon as practicable after the effective date of | 8 | | this amendatory Act of the 98th General Assembly, but no later | 9 | | than January 1, 2014, the State Comptroller shall direct and | 10 | | the State Treasurer shall transfer all monies in the Industrial | 11 | | Hygiene Regulatory and Enforcement Fund to the Environmental | 12 | | Protection Permit and Inspection Fund to be used in accordance | 13 | | with the terms of the Environmental Protection Permit and | 14 | | Inspection Fund. | 15 | | (b) The Agency shall collect from the
owner or operator of | 16 | | any of the following types of hazardous waste disposal
sites or | 17 | | management facilities which require a RCRA permit under | 18 | | subsection
(f) of Section 21 of this Act, or a UIC permit under | 19 | | subsection (g) of Section
12 of this Act, an annual fee in the | 20 | | amount of:
| 21 | | (1) $35,000 ($70,000 beginning in 2004)
for a hazardous | 22 | | waste disposal site receiving hazardous
waste if the | 23 | | hazardous waste disposal site is located off the site where
| 24 | | such waste was produced;
| 25 | | (2) $9,000 ($18,000 beginning in 2004)
for a hazardous | 26 | | waste disposal site receiving hazardous waste
if the |
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| 1 | | hazardous waste disposal site is located on the site where | 2 | | such
waste was produced;
| 3 | | (3) $7,000 ($14,000 beginning in 2004)
for a hazardous | 4 | | waste disposal site receiving hazardous waste
if the | 5 | | hazardous waste disposal site is an underground injection | 6 | | well;
| 7 | | (4) $2,000 ($4,000 beginning in 2004)
for a hazardous | 8 | | waste management facility treating
hazardous waste by | 9 | | incineration;
| 10 | | (5) $1,000 ($2,000 beginning in 2004)
for a hazardous | 11 | | waste management facility treating hazardous
waste by a | 12 | | method, technique or process other than incineration;
| 13 | | (6) $1,000 ($2,000 beginning in 2004)
for a hazardous | 14 | | waste management facility storing hazardous
waste in a | 15 | | surface impoundment or pile;
| 16 | | (7) $250 ($500 beginning in 2004)
for a hazardous waste | 17 | | management facility storing hazardous
waste other than in a | 18 | | surface impoundment or pile; and
| 19 | | (8) Beginning in 2004, $500 for a large quantity | 20 | | hazardous waste
generator required to submit an annual or | 21 | | biennial report for hazardous waste
generation.
| 22 | | (c) Where two or more operational units are located within | 23 | | a single
hazardous waste disposal site, the Agency shall | 24 | | collect from the owner or
operator of such site an annual fee | 25 | | equal to the highest fee imposed by
subsection (b) of this | 26 | | Section upon any single operational unit within the
site.
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| 1 | | (d) The fee imposed upon a hazardous waste disposal site | 2 | | under this
Section shall be the exclusive permit and inspection | 3 | | fee applicable to
hazardous waste disposal at such site, | 4 | | provided that nothing in this
Section shall be construed to | 5 | | diminish or otherwise affect any fee imposed
upon the owner or | 6 | | operator of a hazardous waste disposal site by Section 22.2.
| 7 | | (e) The Agency shall establish procedures, no later than | 8 | | December 1,
1984, relating to the collection of the hazardous | 9 | | waste disposal site
fees authorized by this Section. Such | 10 | | procedures shall include, but not be
limited to the time and | 11 | | manner of payment of fees to the Agency, which
shall be | 12 | | quarterly, payable at the beginning of each quarter for | 13 | | hazardous
waste disposal site fees. Annual fees required under | 14 | | paragraph (7) of
subsection (b) of this Section shall accompany | 15 | | the annual report required
by Board regulations for the | 16 | | calendar year for which the report applies.
| 17 | | (f) For purposes of this Section, a hazardous waste | 18 | | disposal site
consists of one or more of the following | 19 | | operational units:
| 20 | | (1) a landfill receiving hazardous waste for disposal;
| 21 | | (2) a waste pile or surface impoundment, receiving | 22 | | hazardous waste, in
which residues which exhibit any of the | 23 | | characteristics of hazardous waste
pursuant to Board | 24 | | regulations are reasonably expected to remain after | 25 | | closure;
| 26 | | (3) a land treatment facility receiving hazardous |
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| 1 | | waste; or
| 2 | | (4) a well injecting hazardous waste.
| 3 | | (g) The Agency shall assess a fee for each manifest | 4 | | provided by the
Agency. For manifests provided on or after | 5 | | January 1, 1989 but before July 1,
2003, the fee shall be $1 | 6 | | per manifest. For manifests provided on or after
July 1, 2003, | 7 | | the fee shall be $3 per manifest.
| 8 | | (Source: P.A. 93-32, eff. 7-1-03.)
| 9 | | Section 13. The Illinois Pesticide Act is amended by | 10 | | changing Section 19.3 as follows:
| 11 | | (415 ILCS 60/19.3)
| 12 | | Sec. 19.3. Agrichemical Facility Response Action Program.
| 13 | | (a) It is the policy of the State of Illinois that an | 14 | | Agrichemical Facility
Response Action Program be implemented | 15 | | to reduce potential agrichemical pollution
and minimize | 16 | | environmental degradation risk potential at these sites. In | 17 | | this
Section, "agrichemical facility" means a site where | 18 | | agrichemicals are
stored or handled, or both, in preparation | 19 | | for end use. "Agrichemical
facility" does not include basic | 20 | | manufacturing or central distribution sites
utilized only for | 21 | | wholesale purposes. As used in this Section, "agrichemical"
| 22 | | means pesticides or commercial fertilizers at an agrichemical | 23 | | facility.
| 24 | | The program shall provide guidance for assessing the threat |
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| 1 | | of soil
agrichemical
contaminants to groundwater and | 2 | | recommending which sites need to establish a
voluntary | 3 | | corrective action program.
| 4 | | The program shall establish appropriate site-specific soil | 5 | | cleanup
objectives, which shall be based on the potential for | 6 | | the agrichemical
contaminants to move from the soil to | 7 | | groundwater and the potential of the
specific soil agrichemical | 8 | | contaminants to cause an
exceedence of a Class I
or Class III | 9 | | groundwater quality standard or a health advisory level. The
| 10 | | Department shall use the information found and procedures | 11 | | developed in the
Agrichemical Facility Site Contamination | 12 | | Study or other appropriate physical
evidence to establish the | 13 | | soil agrichemical contaminant
levels of concern to
groundwater | 14 | | in the various hydrological settings to establish | 15 | | site-specific
cleanup objectives.
| 16 | | No remediation of a site may be recommended unless (i) the | 17 | | agrichemical
contamination
level in the soil exceeds the | 18 | | site-specific cleanup objectives
or (ii) the agrichemical | 19 | | contaminant level in the soil
exceeds levels where physical | 20 | | evidence and risk evaluation indicates
probability of the site | 21 | | causing an
exceedence of a groundwater quality standard.
| 22 | | When a remediation plan must be carried out over a number | 23 | | of years due to
limited financial resources of the owner or | 24 | | operator of the agrichemical
facility, those soil agrichemical | 25 | | contaminated areas that
have the greatest potential to | 26 | | adversely impact vulnerable Class I groundwater
aquifers and |
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| 1 | | adjacent potable water wells shall
receive the highest priority | 2 | | rating and be remediated first.
| 3 | | (b) The Agrichemical Facility Response Action Program | 4 | | Board ("the Board") is
created. The
Board members shall consist | 5 | | of the following:
| 6 | | (1) The Director or the Director's designee.
| 7 | | (2) One member who represents pesticide manufacturers.
| 8 | | (3) Two members who represent retail agrichemical | 9 | | dealers.
| 10 | | (4) One member who represents agrichemical | 11 | | distributors.
| 12 | | (5) One member who represents active farmers.
| 13 | | (6) One member at large.
| 14 | | The public members of the Board shall be appointed by the | 15 | | Governor for terms
of 2 years. Those persons on the Board who | 16 | | represent pesticide manufacturers,
agrichemical dealers, | 17 | | agrichemical distributors, and farmers shall be selected
from | 18 | | recommendations made by the associations whose membership | 19 | | reflects those
specific areas of interest. The members of the | 20 | | Board shall be appointed within
90 days after the effective | 21 | | date of this amendatory Act of 1995. Vacancies on
the Board | 22 | | shall be filled within 30 days. The Board may fill any | 23 | | membership
position vacant for a period exceeding 30 days.
| 24 | | The members of the Board shall be paid no compensation, but | 25 | | shall be
reimbursed
for their expenses incurred in performing | 26 | | their duties. If a civil
proceeding is commenced against a |
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| 1 | | Board member arising out of an act or
omission occurring within | 2 | | the scope of the Board member's performance of his or
her | 3 | | duties under this Section, the State, as provided by rule, | 4 | | shall indemnify
the Board member for any damages awarded and | 5 | | court costs and attorney's fees
assessed as part of a final and | 6 | | unreversed judgement, or shall pay the
judgment, unless the | 7 | | court or jury finds that the conduct or inaction that gave
rise | 8 | | to the claim or cause of action was intentional, wilful or | 9 | | wanton
misconduct and was not intended to serve or benefit | 10 | | interests of the State.
| 11 | | The chairperson of the Board shall be selected by the Board | 12 | | from among the
public members.
| 13 | | (c) The Board has the authority to do the following:
| 14 | | (1) Cooperate with the Department and review and | 15 | | approve an agrichemical
facility remediation program as | 16 | | outlined in the handbook or manual as set forth
in | 17 | | subdivision (d)(8) of this Section.
| 18 | | (2) Review and give final approval to each agrichemical | 19 | | facility
corrective
action plan.
| 20 | | (3) Approve any changes to an agrichemical facility's | 21 | | corrective action
plan that may be necessary.
| 22 | | (4) Upon completion of the corrective action plan, | 23 | | recommend to the
Department that the site-specific cleanup | 24 | | objectives have been met and that a
notice of closure be | 25 | | issued by the Department stating that no further remedial
| 26 | | action is required to remedy the past agrichemical
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| 1 | | contamination.
| 2 | | (5) When a soil agrichemical contaminant assessment
| 3 | | confirms that remedial
action
is not required in accordance | 4 | | with the Agrichemical Facility Response Action
Program, | 5 | | recommend that a notice of closure be issued by the | 6 | | Department stating
that no
further remedial action is | 7 | | required to remedy the past agrichemical
contamination.
| 8 | | (6) Periodically review the Department's | 9 | | administration of the
Agrichemical Incident Response Trust | 10 | | Fund and actions taken with respect to the
Fund. The Board | 11 | | shall also provide advice to the Interagency Committee on
| 12 | | Pesticides regarding the proper handling of agrichemical | 13 | | incidents at
agrichemical facilities in Illinois.
| 14 | | (d) The Director has the authority to do the following:
| 15 | | (1) When requested by the owner or operator of an | 16 | | agrichemical
facility, may investigate the agrichemical | 17 | | facility site contamination.
| 18 | | (2) After completion of the investigation under | 19 | | subdivision (d)(1) of this
Section, recommend to the owner | 20 | | or operator of an
agrichemical facility that a
voluntary | 21 | | assessment be made of the soil agrichemical
contaminant | 22 | | when there is
evidence that the evaluation of risk | 23 | | indicates that
groundwater could be
adversely impacted.
| 24 | | (3) Review and make recommendations on any corrective | 25 | | action plan
submitted by the owner or operator of an | 26 | | agrichemical facility to the Board for
final approval.
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| 1 | | (4) On approval by the Board, issue an order to the | 2 | | owner or operator of
an
agrichemical facility that has | 3 | | filed a voluntary corrective action plan that
the owner or | 4 | | operator may proceed with that plan.
| 5 | | (5) Provide remedial project oversight, monitor | 6 | | remedial work progress,
and
report to the Board on the | 7 | | status of remediation projects.
| 8 | | (6) Provide staff to support the activities of the | 9 | | Board.
| 10 | | (7) Take appropriate action on the Board's | 11 | | recommendations regarding
policy
needed to carry out the | 12 | | Board's responsibilities under this Section.
| 13 | | (8) In cooperation with the Board, incorporate the | 14 | | following into a
handbook or manual: the procedures for | 15 | | site assessment; pesticide constituents
of concern and | 16 | | associated parameters; guidance on remediation techniques, | 17 | | land
application, and corrective action plans; and other | 18 | | information or instructions
that the Department may find | 19 | | necessary.
| 20 | | (9) Coordinate preventive response actions at | 21 | | agrichemical facilities
pursuant to the
Groundwater | 22 | | Quality Standards adopted pursuant to Section 8 of the | 23 | | Illinois
Groundwater Protection Act to mitigate resource | 24 | | groundwater impairment.
| 25 | | Upon completion of the corrective action plan and upon | 26 | | recommendation of
the Board, the Department shall issue a |
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| 1 | | notice of closure stating that
site-specific cleanup | 2 | | objectives have been met and no further remedial action
is | 3 | | required to remedy the past agrichemical contamination.
| 4 | | When a soil agrichemical contaminant assessment confirms
| 5 | | that remedial action
is not required in accordance with the | 6 | | Agrichemical Facility Response Action
Program and upon the | 7 | | recommendation of the Board, a notice of closure shall be
| 8 | | issued by the Department stating that no
further remedial | 9 | | action is required to remedy the past agrichemical
| 10 | | contamination.
| 11 | | (e) Upon receipt of notification of an agrichemical
| 12 | | contaminant in
groundwater pursuant to the Groundwater Quality | 13 | | Standards, the Department shall
evaluate the severity of the | 14 | | agrichemical contamination and
shall submit to the
| 15 | | Environmental Protection Agency an informational notice | 16 | | characterizing it as
follows:
| 17 | | (1) An agrichemical contaminant in Class I or Class III
| 18 | | groundwater has
exceeded
the levels of a standard adopted | 19 | | pursuant to the Illinois Groundwater
Protection Act or a | 20 | | health advisory established by the Illinois Environmental
| 21 | | Protection Agency or the United States Environmental | 22 | | Protection Agency; or
| 23 | | (2) An agrichemical has been detected at a level that
| 24 | | requires
preventive notification pursuant to a standard | 25 | | adopted pursuant to the Illinois
Groundwater Protection | 26 | | Act.
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| 1 | | (f) When agrichemical contamination is characterized as in
| 2 | | subdivision (e)(1) of this Section, a facility may elect to | 3 | | participate in the
Agrichemical Facility
Response Action | 4 | | Program. In these instances, the scope of the corrective
action | 5 | | plans developed, approved, and completed under this program | 6 | | shall be
limited to the soil agrichemical
contamination present | 7 | | at the site unless implementation of the plan is
coordinated | 8 | | with the Illinois Environmental Protection Agency as follows:
| 9 | | (1) Upon receipt of notice of intent to include | 10 | | groundwater in an action
by a facility, the Department | 11 | | shall also
notify the Illinois Environmental Protection | 12 | | Agency.
| 13 | | (2) Upon receipt of the corrective action plan, the | 14 | | Department shall
coordinate a joint review of the plan with | 15 | | the Illinois Environmental
Protection Agency.
| 16 | | (3) The Illinois Environmental Protection Agency may | 17 | | provide a written
endorsement of the corrective action | 18 | | plan.
| 19 | | (4) The Illinois Environmental Protection Agency may | 20 | | approve a
groundwater
management zone for a period
of 5 | 21 | | years after the implementation of the corrective action | 22 | | plan to allow for
groundwater impairment mitigation | 23 | | results.
| 24 | | (5) The Department, in cooperation with the Illinois | 25 | | Environmental
Protection Agency, shall recommend a | 26 | | proposed corrective action plan to the
Board for final |
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| 1 | | approval to proceed with remediation. The recommendation | 2 | | shall
be based on the joint review conducted under | 3 | | subdivision (f)(2) of this
Section and the status of any | 4 | | endorsement issued under subdivision (f)(3) of
this | 5 | | Section.
| 6 | | (6) The Department, in cooperation with the Illinois | 7 | | Environmental
Protection Agency, shall provide remedial | 8 | | project oversight, monitor remedial
work progress, and | 9 | | report to the Board on the status of the remediation
| 10 | | project.
| 11 | | (7) The Department shall, upon completion of the | 12 | | corrective action plan
and recommendation of the Board, | 13 | | issue a notice of closure stating that no
further remedial | 14 | | action is required to remedy the past agrichemical
| 15 | | contamination.
| 16 | | (g) When an owner or operator of an agrichemical facility | 17 | | initiates a soil
contamination assessment on the owner's or | 18 | | operator's own volition and
independent of any requirement | 19 | | under this Section 19.3, information
contained in that | 20 | | assessment may be held as confidential information by the
owner | 21 | | or operator of the facility.
| 22 | | (h) Except as otherwise provided by Department rule, on and | 23 | | after the effective date of this amendatory Act of the 98th | 24 | | General Assembly, any Agrichemical Facility Response Action | 25 | | Program requirement that may be satisfied by an industrial | 26 | | hygienist licensed pursuant to the Industrial Hygienists |
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| 1 | | Licensure Act repealed in this amendatory Act may be satisfied | 2 | | by a Certified Industrial Hygienist certified by the American | 3 | | Board of Industrial Hygiene. | 4 | | (Source: P.A. 92-113, eff. 7-20-01.)
| 5 | | Section 15. The Rivers, Lakes, and Streams Act is amended | 6 | | by changing Section 14a as follows:
| 7 | | (615 ILCS 5/14a) (from Ch. 19, par. 61a)
| 8 | | Sec. 14a.
It is the express intention of this legislation | 9 | | that close
cooperation shall exist between the Pollution | 10 | | Control Board, the
Environmental Protection Agency, and the | 11 | | Department of Natural Resources and
that every resource of | 12 | | State government shall be applied to the proper
preservation | 13 | | and utilization of the waters of Lake Michigan.
| 14 | | The Environmental Protection Agency shall work in close | 15 | | cooperation
with the City of Chicago and other affected units | 16 | | of government to: (1)
terminate discharge of pollutional waste | 17 | | materials to Lake Michigan from
vessels in both intra-state and | 18 | | inter-state navigation, and (2) abate
domestic, industrial, | 19 | | and other pollution to assure that Lake Michigan
beaches in | 20 | | Illinois are suitable for full body contact sports, meeting
| 21 | | criteria of the Pollution Control Board.
| 22 | | The Environmental Protection Agency shall regularly | 23 | | conduct water
quality and lake bed surveys to evaluate the | 24 | | ecology and the quality of
water in Lake Michigan. Results of |
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| 1 | | such surveys shall be made available,
without charge, to all | 2 | | interested persons and agencies. It shall be the
responsibility | 3 | | of the Director of the Environmental Protection Agency to
| 4 | | report biennially annually or at such other times as the | 5 | | Governor shall direct;
such report shall provide hydrologic, | 6 | | biologic, and chemical data
together with recommendations to | 7 | | the Governor and members of the General
Assembly.
| 8 | | The requirement for reporting to the General Assembly shall | 9 | | be satisfied
by filing copies of the report with the Speaker, | 10 | | the Minority Leader and
the Clerk of the House of | 11 | | Representatives and the President, the Minority
Leader and the | 12 | | Secretary of the Senate and the Legislative Research Unit, as
| 13 | | required by Section 3.1 of "An Act to revise the law in | 14 | | relation to the General
Assembly", approved February 25, 1874, | 15 | | as amended, and filing such additional
copies with the State | 16 | | Government
Report Distribution Center for the General Assembly | 17 | | as is required under
paragraph (t) of Section 7 of the State | 18 | | Library Act.
| 19 | | In meeting the requirements of this Act, the Pollution | 20 | | Control Board,
Environmental Protection Agency and Department | 21 | | of
Natural Resources are authorized to be in direct contact | 22 | | with individuals,
municipalities, public and private | 23 | | corporations and other organizations
which are or may be | 24 | | contributing to the discharge of pollution to Lake
Michigan.
| 25 | | (Source: P.A. 89-445, eff. 2-7-96.)
| 26 | | Section 99. Effective date. This Act takes effect upon |
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| 1 | | becoming law.
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