Full Text of SB0119 99th General Assembly
SB0119 99TH GENERAL ASSEMBLY |
| | 99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016 SB0119 Introduced 1/28/2015, by Sen. James F. Clayborne, Jr. SYNOPSIS AS INTRODUCED: |
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Amends the Environmental Protection Act. Provides that the Illinois Environmental Protection Agency shall issue to the owner or operator of an underground storage tank a no further remediation letter if (i) the owner or operator submits to the Agency a certification from a licensed professional engineer that the work described in the approved corrective action plan has been completed successfully to a boring level acceptable to the Agency, (ii) the groundwater at the site will not be used for human consumption, (iii) the site is zoned for non-residential use, and (iv) the site is located in a municipality with a population of not more than 50,000.
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| | A BILL FOR |
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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 | | Section 5. The Environmental Protection Act is amended by | 5 | | changing Section 57.10 as follows:
| 6 | | (415 ILCS 5/57.10)
| 7 | | Sec. 57.10. Professional Engineer or Professional | 8 | | Geologist
certification; presumptions against liability.
| 9 | | (a) Within 120 days of the Agency's receipt of a
corrective | 10 | | action completion report, the Agency
shall issue to the owner | 11 | | or operator a "no further remediation letter" unless
the Agency | 12 | | has requested a modification, issued a rejection under
| 13 | | subsection (d) of this Section, or the report has been rejected | 14 | | by operation
of law.
| 15 | | (a-5) The Agency shall issue to the owner or operator a no | 16 | | further remediation letter if (i) the owner or operator submits | 17 | | to the Agency a certification from a licensed professional | 18 | | engineer that the work described in the approved corrective | 19 | | action plan has been completed successfully to a boring level | 20 | | acceptable to the Agency, (ii) the groundwater at the site will | 21 | | not be used for human consumption, (iii) the site is zoned for | 22 | | non-residential use, and (iv) the site is located in a | 23 | | municipality with a population of not more than 50,000. |
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| 1 | | (b) By certifying such a statement, a Licensed Professional | 2 | | Engineer or
Licensed Professional Geologist shall in no way be | 3 | | liable thereon, unless
the engineer or geologist gave such | 4 | | certification despite his or her actual
knowledge that the | 5 | | performed measures were not in compliance with applicable
| 6 | | statutory or regulatory requirements or any plan submitted to | 7 | | the Agency.
| 8 | | (c) The Agency's issuance of a no further remediation | 9 | | letter shall signify,
based on the certification of the | 10 | | Licensed Professional Engineer, that:
| 11 | | (1) all statutory and regulatory corrective action | 12 | | requirements
applicable to the occurrence have been | 13 | | complied with;
| 14 | | (2) all corrective action concerning the remediation | 15 | | of the
occurrence
has been completed; and
| 16 | | (3) no further corrective action concerning the | 17 | | occurrence
is
necessary for the protection of human health, | 18 | | safety and the environment. | 19 | | This subsection (c) does not apply to off-site contamination | 20 | | related to the occurrence that has not been remediated due to | 21 | | denial of access to the off-site property.
| 22 | | (d) The no further remediation letter issued under this
| 23 | | Section
shall apply in favor of the following
parties:
| 24 | | (1) The owner or operator to whom the letter was | 25 | | issued.
| 26 | | (2) Any parent corporation or subsidiary of such owner |
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| 1 | | or
operator.
| 2 | | (3) Any co-owner or co-operator, either by joint | 3 | | tenancy,
right-of-survivorship, or any other party sharing | 4 | | a legal relationship with
the owner or operator to whom the | 5 | | letter is issued.
| 6 | | (4) Any holder of a beneficial interest of a land trust | 7 | | or
inter
vivos trust whether revocable or irrevocable.
| 8 | | (5) Any mortgagee or trustee of a deed of trust of such
| 9 | | owner or
operator.
| 10 | | (6) Any successor-in-interest of such owner or | 11 | | operator.
| 12 | | (7) Any transferee of such owner or operator whether | 13 | | the
transfer
was by sale, bankruptcy proceeding, | 14 | | partition, dissolution of marriage,
settlement or
| 15 | | adjudication of any civil action, charitable gift, or | 16 | | bequest.
| 17 | | (8) Any heir or devisee or such owner or operator. | 18 | | (9) An owner of a parcel of real property to the extent | 19 | | that the no further remediation letter under subsection (c) | 20 | | of this Section applies to the occurrence on that parcel.
| 21 | | (e) If the Agency notifies the owner or operator that the | 22 | | "no
further
remediation" letter has been rejected, the grounds | 23 | | for such rejection shall be
described in the notice. Such a | 24 | | decision shall be a final determination which
may be appealed | 25 | | by the owner or operator.
| 26 | | (f) The Board shall adopt rules setting forth the criteria |
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| 1 | | under which the
Agency may require an owner or operator to | 2 | | conduct further investigation or
remediation related to a | 3 | | release for which a no further remediation letter
has been | 4 | | issued.
| 5 | | (g) Holders of security interests in sites subject to the | 6 | | requirements of
this Title XVI shall be entitled to the same | 7 | | protections and subject to the
same responsibilities provided | 8 | | under general regulations promulgated under
Subtitle I of the | 9 | | Hazardous and Solid Waste Amendments of 1984 (P.L. 98-616)
of | 10 | | the Resource Conservation and Recovery Act of 1976 (P.L. | 11 | | 94-580).
| 12 | | (Source: P.A. 94-276, eff. 1-1-06.)
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