Full Text of SB0241 094th General Assembly
SB0241enr 94TH GENERAL ASSEMBLY
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SB0241 Enrolled |
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LRB094 07834 RSP 38014 b |
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| AN ACT concerning safety.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Environmental Protection Act is amended by | 5 |
| changing Section 58.8 and by adding Sections 22.2d, 22.50, and | 6 |
| Title VI-D as follows: | 7 |
| (415 ILCS 5/22.2d new) | 8 |
| Sec. 22.2d. Authority of Director to issue orders.
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| (a) The purpose of this Section is to allow the Director to | 10 |
| quickly and effectively respond to a release or substantial | 11 |
| threat of a release of a hazardous substance, pesticide, or | 12 |
| petroleum for which the Agency is required to give notice under | 13 |
| Section 25d-3(a) of this Act by authorizing the Director to | 14 |
| issue orders, unilaterally or on consent, requiring | 15 |
| appropriate response actions and by providing for the exclusive | 16 |
| administrative and judicial review of these orders. This | 17 |
| Section is also intended to allow persons subject to an order | 18 |
| under this Section to recover the costs of complying with the | 19 |
| order if it is overturned or if they remediate the share of a | 20 |
| release or threat of a release for which a bankrupt or | 21 |
| insolvent party is liable under this Act. | 22 |
| (b) In addition to any other action taken by federal, | 23 |
| State, or local government, for any release or substantial | 24 |
| threat of release for which the Agency is required to give | 25 |
| notice under Section 25d-3(a) of this Act, the Director may | 26 |
| issue to any person who is potentially liable under this Act | 27 |
| for the release or substantial threat of release any order that | 28 |
| may be necessary to protect the public health and welfare and | 29 |
| the environment. | 30 |
| (1) Any order issued under this Section shall require | 31 |
| response actions consistent with the federal regulations | 32 |
| and amendments thereto promulgated by the United States |
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| Environmental Protection Agency to implement Section 105 | 2 |
| of CERCLA, as amended, except that the remediation | 3 |
| objectives for response actions ordered under this Section | 4 |
| shall be determined in accordance with the risk-based | 5 |
| remediation objectives adopted by the Board under Title | 6 |
| XVII of this Act. | 7 |
| (2) Before the Director issues any order under this | 8 |
| Section, the Agency shall send a Special Notice Letter to | 9 |
| all persons identified by the Agency as potentially liable | 10 |
| under this Act for the release or threat of release. This | 11 |
| Special Notice Letter to the recipients shall include at a | 12 |
| minimum the following information: | 13 |
| (A) that the Agency believes the recipient may be | 14 |
| liable under the Act for responding to the release or | 15 |
| threat of a release; | 16 |
| (B) the reasons why the Agency believes the | 17 |
| recipient may be liable under the Act for the release | 18 |
| or threat of a release; and | 19 |
| (C) the period of time, not less than 30 days from | 20 |
| the date of issuance of the Special Notice Letter, | 21 |
| during which the Agency is ready to negotiate with the | 22 |
| recipient regarding their response to the release or | 23 |
| threat of a release. | 24 |
| (3) To encourage the prompt negotiation of a settlement | 25 |
| agreement or an order on consent with a recipient of a | 26 |
| Special Notice Letter required under this Section, the | 27 |
| Director shall not issue any unilateral order under this | 28 |
| Section to the recipient during the 30 days immediately | 29 |
| following the date of issuance of the Special Notice | 30 |
| Letter.
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| (c) (1) The recipient of a unilateral order issued by the | 32 |
| Director under this Section may petition the Board for a | 33 |
| hearing on the order within 35 days after being served with the | 34 |
| order. The Board shall take final action on the petition within | 35 |
| 60 days after the date the petition is filed with the Board | 36 |
| unless all parties to the proceeding agree to the extension. If |
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| necessary to expedite the hearing and decision, the Board may | 2 |
| hold special meetings of the Board and may provide for | 3 |
| alternative public notice of the hearing and meeting, other | 4 |
| than as otherwise required by law. In any hearing on the order | 5 |
| the Agency shall have the burden of proof to establish that the | 6 |
| petitioner is liable under this Act for the release or threat | 7 |
| of release and that the actions required by the order are | 8 |
| consistent with the requirements of subsection (b)(1) of this | 9 |
| Section. The Board shall sustain the order if the petitioner is | 10 |
| liable under this Act for the release or threat of release and | 11 |
| to the extent the actions ordered are consistent with the | 12 |
| requirements of subsection (b)(1) of this Section and are not | 13 |
| otherwise unreasonable under the circumstances. | 14 |
| (A) The order issued by the Agency shall remain in full | 15 |
| force and effect pending the Board's final action on the | 16 |
| petition for review of the order, provided that the Board | 17 |
| may grant a stay of all or a portion of the order if it | 18 |
| finds that (i) there is a substantial likelihood that the | 19 |
| petitioner is not liable under this Act for the release or | 20 |
| threat of release or (ii) there is a substantial likelihood | 21 |
| that the actions required by the order are not consistent | 22 |
| with the requirements of subsection (b)(1) of this Section | 23 |
| and that the harm to the public from a stay of the order | 24 |
| will be outweighed by the harm to the petitioner if a stay | 25 |
| is not granted. Any stay granted by the Board under this | 26 |
| subsection (c)(1)(A) shall expire upon the Board's | 27 |
| issuance of its final action on the petition for review of | 28 |
| the order. | 29 |
| (B) If the Board finds that the petitioner is not | 30 |
| liable under this Act for the release or threat of release | 31 |
| it may authorize the payment of (i) all reasonable response | 32 |
| costs incurred by the petitioner to comply with the order | 33 |
| if it finds the petitioner's actions were consistent with | 34 |
| the requirements of subsection (b)(1) of this Section and | 35 |
| (ii) the petitioner's reasonable and appropriate costs, | 36 |
| fees, and expenses incurred in petitioning the Board for |
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| review of the order, including, but not limited to, | 2 |
| reasonable attorneys' fees and expenses. | 3 |
| (2) Any party to a Board hearing under this subsection (c) | 4 |
| may obtain judicial review, by filing a petition for review | 5 |
| within 35 days from the date that a copy of the Board's final | 6 |
| action sought to be reviewed was served upon the party affected | 7 |
| by the final Board action complained of, under the provisions | 8 |
| of the Administrative Review Law and the rules adopted pursuant | 9 |
| thereto, except that the review shall be afforded in the | 10 |
| appellate court for the district in which the cause of action | 11 |
| arose and not in the circuit court. The appellate court shall | 12 |
| retain jurisdiction during the pendency of any further action | 13 |
| conducted by the Board under an order by the appellate court. | 14 |
| The appellate court shall have jurisdiction to review all | 15 |
| issues of law and fact presented upon appeal. | 16 |
| (A) The order issued by the Agency shall remain in full | 17 |
| force and effect pending the appellate court's ruling on | 18 |
| the order, provided that the appellate court may grant a | 19 |
| stay of all or a portion of the order if it finds that (i) | 20 |
| there is a substantial likelihood that the petitioner is | 21 |
| not liable under this Act for the release or threat of | 22 |
| release or (ii) there is a substantial likelihood that the | 23 |
| actions required by the order are not consistent with the | 24 |
| requirements of subsection (b)(1) of this Section and that | 25 |
| the harm to the public from a stay of the order will be | 26 |
| outweighed by the harm to the petitioner if a stay is not | 27 |
| granted. Any stay granted by the appellate court under this | 28 |
| subsection (c)(2)(A) shall expire upon the issuance of the | 29 |
| appellate court's ruling on the appeal of the Board's final | 30 |
| action. | 31 |
| (B) If the appellate court finds that the petitioner is | 32 |
| not liable under this Act for the release or threat of | 33 |
| release it may authorize the payment of (i) all reasonable | 34 |
| response costs incurred by the petitioner to comply with | 35 |
| the order if it finds that the petitioner's actions were | 36 |
| consistent with the requirements of subsection (b)(1) of |
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| this Section and (ii) the petitioner's reasonable and | 2 |
| appropriate costs, fees, and expenses incurred in | 3 |
| petitioning the Appellate Court for review of the order, | 4 |
| including, but not limited to, reasonable attorneys' fees | 5 |
| and expenses.
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| (d) Any person who receives and complies with the terms of | 7 |
| any order issued under this Section may, within 60 days after | 8 |
| completion of the required action, petition the Director for | 9 |
| reimbursement for the reasonable costs of that action, plus | 10 |
| interest, subject to all of the following terms and conditions: | 11 |
| (1) The interest payable under this subsection accrues | 12 |
| on the amounts expended from the date of expenditure to the | 13 |
| date of payment of reimbursement at the rate set forth in | 14 |
| Section 3-2 of the Uniform Penalty and Interest Act.
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| (2) If the Director refuses to grant all or part of a | 16 |
| petition made under this subsection, the petitioner may, | 17 |
| within 35 days after receipt of the refusal, file a | 18 |
| petition with the Board seeking reimbursement.
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| (3) To obtain reimbursement, the petitioner must | 20 |
| establish, by a preponderance of the evidence, that: | 21 |
| (A) the only costs for which the petitioner seeks | 22 |
| reimbursement are costs incurred by the petitioner in | 23 |
| remediating the share of a release or threat of a | 24 |
| release for which a bankrupt or insolvent party is | 25 |
| liable under this Act, the costs of the share are a | 26 |
| fair and accurate apportionment among the persons | 27 |
| potentially liable under this Act for the release or | 28 |
| threat of a release, and the bankrupt or insolvent | 29 |
| party failed to pay the costs of the share; and | 30 |
| (B) the petitioner's response actions were | 31 |
| consistent with the federal regulations and amendments | 32 |
| thereto promulgated by the Administrator of the United | 33 |
| States Environmental Protection Agency to implement | 34 |
| Section 105 of CERCLA, as amended, except that the | 35 |
| remediation objectives for response actions shall be | 36 |
| determined in accordance with the risk-based |
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| remediation objectives adopted by the Board under | 2 |
| Title XVII of this Act; and | 3 |
| (C) the costs for which the petitioner seeks | 4 |
| reimbursement are reasonable in light of the action | 5 |
| required by the relevant order.
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| (4) Reimbursement awarded by the Board under item (3) | 7 |
| of subsection (d) may include appropriate costs, fees, and | 8 |
| other expenses incurred in petitioning the Director or | 9 |
| Board for reimbursement under subsection (d), including, | 10 |
| but not limited to, reasonable fees and expenses of | 11 |
| attorneys. | 12 |
| (5) Costs paid to a petitioner under a policy of | 13 |
| insurance, another written agreement, or a court order are | 14 |
| not eligible for payment under this subsection (d). A | 15 |
| petitioner who receives payment under a policy of | 16 |
| insurance, another written agreement, or a court order | 17 |
| shall reimburse the State to the extent that such payment | 18 |
| covers costs for which payment was received under this | 19 |
| subsection (d). Any monies received by the State under this | 20 |
| item (5) shall be deposited into the Hazardous Waste Fund. | 21 |
| (e) Except as otherwise provided in subsection (c) of this | 22 |
| Section, no court nor the Board has jurisdiction to review any | 23 |
| order issued under this Section or any administrative or | 24 |
| judicial action related to the order.
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| (f) Except as provided in subsection (g) of this Section, | 26 |
| any person may seek contribution from any other person who is | 27 |
| liable for the costs of response actions under this Section. In | 28 |
| resolving contribution claims, the Board or court may allocate | 29 |
| response costs among liable parties using such equitable | 30 |
| factors as the court determines are appropriate.
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| (g) A person who has complied with an order under this | 32 |
| Section and has resolved their liability under this Act with | 33 |
| respect to the release or threat of a release shall not be | 34 |
| liable for claims for contribution relating to the release or | 35 |
| threat of a release. | 36 |
| (h) The provisions of Section 58.9 of this Act do not apply |
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SB0241 Enrolled |
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LRB094 07834 RSP 38014 b |
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| to any action taken under this Section.
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| (i) This Section does not apply to releases or threats of | 3 |
| releases from underground storage tanks subject to Title XVI of | 4 |
| this Act. Orders issued by the Agency in response to such | 5 |
| releases or threats of releases shall be issued under Section | 6 |
| 57.12(d) of this Act instead of this Section, and the costs of | 7 |
| complying with said orders shall be reimbursed in accordance | 8 |
| with Title XVI of this Act instead of this Section.
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| (j) Any person who, without sufficient cause, willfully | 10 |
| violates or fails or refuses to comply with any order issued | 11 |
| under this Section is in violation of this Act.
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| (k) The Agency may adopt rules as necessary for the | 13 |
| implementation of this Section.
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| (415 ILCS 5/22.50 new)
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| Sec. 22.50. Compliance with land use limitations. No | 16 |
| person shall use, or cause or allow the use of, any site for | 17 |
| which a land use limitation has been imposed under this Act in | 18 |
| a manner inconsistent with the land use limitation unless | 19 |
| further investigation or remedial action has been conducted | 20 |
| that documents the attainment of remedial objectives | 21 |
| appropriate for the new land use and a new closure letter has | 22 |
| been obtained from the Agency and recorded in the chain of | 23 |
| title for the site. For the purpose of this Section, the term | 24 |
| "land use limitation" shall include, but shall not be limited | 25 |
| to, institutional controls and engineered barriers imposed | 26 |
| under this Act and the regulations adopted under this Act. For | 27 |
| the purposes of this Section, the term "closure letter" shall | 28 |
| include, but shall not be limited to, No Further Remediation | 29 |
| Letters issued under Titles XVI and XVII of this Act and the | 30 |
| regulations adopted under those Titles.
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| (415 ILCS 5/Title VI-D heading new)
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| TITLE VI-D. RIGHT-TO-KNOW | 33 |
| (415 ILCS 5/25d-1 new) |
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| Sec. 25d-1. Definitions. For the purposes of this Title, | 2 |
| the terms "community water system", "non-community water | 3 |
| system", "potable", "private water system", and "semi-private | 4 |
| water system" have the meanings ascribed to them in the | 5 |
| Illinois Groundwater Protection Act. | 6 |
| (415 ILCS 5/25d-2 new) | 7 |
| Sec. 25d-2. Contaminant evaluation. The Agency shall | 8 |
| evaluate releases of contaminants whenever it determines that | 9 |
| the extent of soil or groundwater contamination may extend | 10 |
| beyond the boundary of the site where the release occurred. The | 11 |
| Agency shall take appropriate actions in response to the | 12 |
| release, which may include, but shall not be limited to, public | 13 |
| notices, investigations, administrative orders under Sections | 14 |
| 22.2d or 57.12(d) of this Act, and enforcement referrals. | 15 |
| Except as provided in Section 25d-3 of this Act, for releases | 16 |
| undergoing investigation or remediation under Agency oversight | 17 |
| the Agency may determine that no further action is necessary to | 18 |
| comply with this Section. | 19 |
| (415 ILCS 5/25d-3 new) | 20 |
| Sec. 25d-3. Notices.
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| (a) Beginning January 1, 2006, if the Agency determines | 22 |
| that: | 23 |
| (1) Soil contamination beyond the boundary of the site | 24 |
| where the release occurred poses a threat of exposure to | 25 |
| the public above the appropriate Tier 1 remediation | 26 |
| objectives, based on the current use of the off-site | 27 |
| property, adopted by the Board under Title XVII of this | 28 |
| Act, the Agency shall give notice of the threat to the | 29 |
| owner of the contaminated property; or | 30 |
| (2) Groundwater contamination poses a threat of | 31 |
| exposure to the public above the Class I groundwater | 32 |
| quality standards adopted by the Board under this Act and | 33 |
| the Groundwater Protection Act, the Agency shall give | 34 |
| notice of the threat to the following: |
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| (A) for any private, semi-private, or non-community | 2 |
| water system, the owners of the properties served by | 3 |
| the system; and | 4 |
| (B) for any community water system, the owners and | 5 |
| operators of the system. | 6 |
| The Agency's determination must be based on the credible, | 7 |
| scientific information available to it, and the Agency is not | 8 |
| required to perform additional investigations or studies | 9 |
| beyond those required by applicable federal or State laws. | 10 |
| (b) Beginning January 1, 2006, if any of the following | 11 |
| actions occur: (i) the Agency refers a matter for enforcement | 12 |
| under Section 43(a) of this Act; (ii) the Agency issues a seal | 13 |
| order under Section 34(a) of this Act; or (iii) the Agency, the | 14 |
| United States Environmental Protection Agency (USEPA), or a | 15 |
| third party under Agency or USEPA oversight performs an | 16 |
| immediate removal under the federal Comprehensive | 17 |
| Environmental Response, Compensation, and Liability Act, as | 18 |
| amended, then, within 60 days after the action, the Agency must | 19 |
| give notice of the action to the owners of all property within | 20 |
| 2,500 feet of the subject contamination or any closer or | 21 |
| farther distance that the Agency deems appropriate under the | 22 |
| circumstances. Within 30 days after a request by the Agency, | 23 |
| the appropriate officials of the county in which the property | 24 |
| is located must provide to the Agency the names and addresses | 25 |
| of all property owners to whom the Agency is required to give | 26 |
| notice under this subsection (b), these owners being the | 27 |
| persons or entities that appear from the authentic tax records | 28 |
| of the county.
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| (c) The methods by which the Agency gives the notices | 30 |
| required under this Section shall be determined in consultation | 31 |
| with members of the public and appropriate members of the | 32 |
| regulated community and may include, but shall not be limited | 33 |
| to, personal notification, public meetings, signs, electronic | 34 |
| notification, and print media. For sites at which a responsible | 35 |
| party has implemented a community relations plan, the Agency | 36 |
| may allow the responsible party to provide Agency-approved |
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| notices in lieu of the notices required to be given by the | 2 |
| Agency. Notices issued under this Section may contain the | 3 |
| following information: | 4 |
| (1) the name and address of the site or facility where | 5 |
| the release occurred or is suspected to have occurred;
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| (2) the identification of the contaminant released or | 7 |
| suspected to have been released;
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| (3) information as to whether the contaminant was | 9 |
| released or suspected to have been released into the air, | 10 |
| land, or water;
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| (4) a brief description of the potential adverse health | 12 |
| effects posed by the contaminant;
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| (5) a recommendation that water systems with wells | 14 |
| impacted or potentially impacted by the contaminant be | 15 |
| appropriately tested; and
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| (6) the name, business address, and phone number of | 17 |
| persons at the Agency from whom additional information | 18 |
| about the release or suspected release can be obtained.
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| (d) Any person who is a responsible party with respect to | 20 |
| the release or substantial threat of release for which notice | 21 |
| is given under this Section is liable for all reasonable costs | 22 |
| incurred by the State in giving the notice. All moneys received | 23 |
| by the State under this subsection (d) for costs related to | 24 |
| releases and substantial threats of releases of hazardous | 25 |
| substances, pesticides, and petroleum other than releases and | 26 |
| substantial threats of releases of petroleum from underground | 27 |
| storage tanks subject to Title XVI of this Act must be | 28 |
| deposited in and used for purposes consistent with the | 29 |
| Hazardous Waste Fund. All moneys received by the State under | 30 |
| this subsection (d) for costs related to releases and | 31 |
| substantial threats of releases of petroleum from underground | 32 |
| storage tanks subject to Title XVI of this Act must be | 33 |
| deposited in and used for purposes consistent with the | 34 |
| Underground Storage Tank Fund.
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| (415 ILCS 5/25d-4 new) |
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| Sec. 25d-4. Agency authority. Whenever the Agency | 2 |
| determines that a public notice should be issued under this | 3 |
| Title, the Agency has the authority to issue an information | 4 |
| demand letter to the owner or operator of the site or facility | 5 |
| where the release occurred or is suspected to have occurred | 6 |
| that requires the owner or operator to provide the Agency with | 7 |
| the information necessary, to the extent practicable, to give | 8 |
| the notices required under Section 25d-3 of this Title. In the | 9 |
| case of a release or suspected release from an underground | 10 |
| storage tank subject to Title XVI of this Act, the Agency has | 11 |
| the authority to issue such a letter to the owner or operator | 12 |
| of the underground storage tank. Within 30 days after the | 13 |
| issuance of a letter under this Section, or within a greater | 14 |
| period specified by the Agency, the person who receives the | 15 |
| letter shall provide the Agency with the required information. | 16 |
| Any person who, without sufficient cause, willfully violates, | 17 |
| or fails or refuses to comply with, any letter issued under | 18 |
| this Section is in violation of this Act. | 19 |
| (415 ILCS 5/25d-5 new) | 20 |
| Sec. 25d-5. Contamination information. Beginning July 1, | 21 |
| 2006, the Agency shall make all of the following information | 22 |
| available on the Internet: | 23 |
| (i) Copies of all notifications given under Section | 24 |
| 25d-3 of this Section. The copies must be indexed and the | 25 |
| index shall, at a minimum, be searchable by notification | 26 |
| date, zip code, site or facility name, and geographic | 27 |
| location.
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| (ii) Appropriate Agency databases containing | 29 |
| information about releases or suspected releases of | 30 |
| contaminants in the State. The databases must, at a | 31 |
| minimum, be searchable by notification date, zip code, site | 32 |
| or facility name, and geographic location.
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| (iii) Links to appropriate USEPA databases containing | 34 |
| information about releases or suspected releases of | 35 |
| contaminants in the State.
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| (415 ILCS 5/25d-6 new) | 2 |
| Sec. 25d-6. Agency coordination. Beginning January 1, | 3 |
| 2006, the Agency shall coordinate with the Department of Public | 4 |
| Health to provide training to regional and local health | 5 |
| department staff on the use of the information posted on the | 6 |
| Internet under Section 25d-5 of this Title. Also beginning | 7 |
| January 1, 2006, the Agency shall coordinate with the | 8 |
| Department of Public Health to provide training to licensed | 9 |
| water well drillers on the use of the information posted on the | 10 |
| Internet under Section 25d-5 of this Title in relation to the | 11 |
| location and installation of new wells serving private, | 12 |
| semi-private, and non-community water systems. | 13 |
| (415 ILCS 5/25d-7 new) | 14 |
| Sec. 25d-7. Rulemaking. | 15 |
| (a) Within 180 days after the effective date of this | 16 |
| amendatory Act of the 94th General Assembly, the Agency shall | 17 |
| evaluate the Board's rules and propose amendments to the rules | 18 |
| as necessary to require potable water supply well surveys and | 19 |
| community relations activities where such surveys and | 20 |
| activities are appropriate in response to releases of | 21 |
| contaminants that have impacted or that may impact offsite | 22 |
| potable water supply wells. Within 240 days after receiving the | 23 |
| Agency's proposal, the Board shall amend its rules as necessary | 24 |
| to require potable water supply well surveys and community | 25 |
| relations activities where such surveys and activities are | 26 |
| appropriate in response to releases of contaminants that have | 27 |
| impacted or that may impact offsite potable water supply wells. | 28 |
| Community relations activities required by the Board shall | 29 |
| include, but shall not be limited to, submitting a community | 30 |
| relations plan for Agency approval, maintaining a public | 31 |
| information repository that contains timely information about | 32 |
| the actions being taken in response to a release, and | 33 |
| maintaining dialogue with the community through means such as | 34 |
| public meetings, fact sheets, and community advisory groups. |
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LRB094 07834 RSP 38014 b |
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| (b) The Agency shall adopt rules setting forth costs for | 2 |
| which persons may be liable to the State under Section 25d-3(d) | 3 |
| of this Act. In addition, the Agency shall have the authority | 4 |
| to adopt other rules as necessary for the administration of | 5 |
| this Title.
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| (415 ILCS 5/25d-8 new) | 7 |
| Sec. 25d-8. Liability. Except for willful and wanton | 8 |
| misconduct, neither the State, the Director, nor any State | 9 |
| employee shall be liable for any damages or injuries arising | 10 |
| out of or resulting from any act or omission occurring under | 11 |
| this amendatory Act of the 94th General Assembly. | 12 |
| (415 ILCS 5/25d-9 new) | 13 |
| Sec. 25d-9. Admissibility. The Agency's giving of notice or | 14 |
| failure to give notice under Section 25d-3 of this Title shall | 15 |
| not be admissible for any purpose in any administrative or | 16 |
| judicial proceeding. | 17 |
| (415 ILCS 5/25d-10 new)
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| Sec. 25d-10. Avoiding duplication. The Agency shall take | 19 |
| whatever steps it deems necessary to eliminate the potential | 20 |
| for duplicative notices required by this Title and Section 9.1 | 21 |
| of the Illinois Groundwater Protection Act.
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| (415 ILCS 5/58.8)
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| Sec. 58.8. Duty to record.
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| (a) The RA receiving a No Further Remediation Letter from | 25 |
| the Agency
pursuant to Section 58.10, shall submit the letter | 26 |
| to the Office of the
Recorder or the Registrar of Titles of the | 27 |
| county in which the site is located
within 45 days of receipt | 28 |
| of the letter. The Office of the Recorder or
the Registrar of | 29 |
| Titles shall accept and record that letter in accordance with
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| Illinois law so that it forms a permanent part of the chain of | 31 |
| title for the
site.
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| (b) A No Further Remediation Letter shall not become |
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|
SB0241 Enrolled |
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LRB094 07834 RSP 38014 b |
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| 1 |
| effective until
officially recorded in accordance with | 2 |
| subsection (a) of this Section.
The RA shall obtain and submit | 3 |
| to the Agency a certified copy of the
No Further Remediation | 4 |
| Letter as recorded.
| 5 |
| (c)
(Blank).
At no time shall any site for which a land use | 6 |
| limitation has been
imposed as a result of remediation | 7 |
| activities under this Title be used in a
manner inconsistent | 8 |
| with the land use limitation unless further investigation
or | 9 |
| remedial action has been conducted that documents the | 10 |
| attainment of
objectives appropriate for the new land use and a | 11 |
| new No Further
Remediation Letter obtained and recorded in | 12 |
| accordance with this Title.
| 13 |
| (d) In the event that a No Further Remediation Letter | 14 |
| issues by operation of
law pursuant to Section 58.10, the RA | 15 |
| may, for purposes of this Section, file
an affidavit stating | 16 |
| that the letter issued by operation of law. Upon receipt
of the | 17 |
| No Further Remediation Letter from the Agency, the RA shall | 18 |
| comply with
the requirements of subsections (a) and (b) of this | 19 |
| Section.
| 20 |
| (Source: P.A. 92-574, eff. 6-26-02.)
| 21 |
| Section 99. Effective date. This Act takes effect upon | 22 |
| becoming law.
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|