Full Text of SB1676 96th General Assembly
SB1676 96TH GENERAL ASSEMBLY
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96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010 SB1676
Introduced 2/19/2009, by Sen. Matt Murphy SYNOPSIS AS INTRODUCED: |
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Amends a Section of the Environmental Protection Act involving Petroleum Underground Storage Tanks. Provides that site investigation completion reports must be made available, upon request, to any person with an ownership interest in a remediation site or the property on which the remediation site is located. Makes changes to the remediation process, including requiring public hearings, when remediation objectives have not been achieved within the specified time period. Provides that if all applicable remediation objectives have not been achieved at a site within 10 years after completion of the site investigation, the Agency, in collaboration with the Board, must hold a public hearing to determine whether the responsible owner or operator will either (i) pay the Agency to conduct the proper corrective action or (ii) purchase the site from the current site owner for the site's fair market value. Effective immediately.
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A BILL FOR
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SB1676 |
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LRB096 10730 JDS 20914 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 57.7 as follows:
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| (415 ILCS 5/57.7)
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| Sec. 57.7. Leaking underground storage tanks; site | 8 |
| investigation and
corrective action.
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| (a) Site investigation.
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| (1) For any site investigation activities required by | 11 |
| statute or rule,
the owner or operator shall submit to the | 12 |
| Agency for approval a site
investigation plan designed to | 13 |
| determine the nature, concentration, direction
of | 14 |
| movement, rate of movement, and extent of the contamination | 15 |
| as well as the
significant physical features of the site | 16 |
| and surrounding area that may affect
contaminant transport | 17 |
| and risk to human health and safety and the environment.
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| (2) Any owner or operator intending to seek payment | 19 |
| from the Fund shall
submit to the Agency for approval a | 20 |
| site investigation budget that includes,
but is not limited | 21 |
| to, an accounting of all costs associated with the
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| implementation and completion of the site investigation | 23 |
| plan.
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| (3) Remediation objectives for the applicable | 2 |
| indicator contaminants
shall be determined using the | 3 |
| tiered approach to corrective action objectives
rules | 4 |
| adopted by the Board pursuant to this Title and Title XVII | 5 |
| of this Act.
For the purposes of this Title, "Contaminant | 6 |
| of Concern" or "Regulated
Substance of Concern" in the | 7 |
| rules means the applicable indicator contaminants
set | 8 |
| forth in subsection (d) of this Section and the rules | 9 |
| adopted thereunder.
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| (4) Upon the Agency's approval of a site investigation | 11 |
| plan, or as
otherwise directed by the Agency, the owner or | 12 |
| operator shall conduct a site
investigation in accordance | 13 |
| with the plan.
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| (5) Within 30 days after completing the site | 15 |
| investigation, the owner
or operator shall submit to the | 16 |
| Agency for approval a site investigation
completion | 17 |
| report. At a minimum the report shall include all of the | 18 |
| following:
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| (A) Executive summary.
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| (B) Site history.
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| (C) Site-specific sampling methods and results.
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| (D) Documentation of all field activities, | 23 |
| including quality assurance.
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| (E) Documentation regarding the development of | 25 |
| proposed remediation
objectives.
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| (F) Interpretation of results.
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| (G) Conclusions.
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| (6) Any report submitted to the Agency under this | 3 |
| Section must be made available, upon request, to any person | 4 |
| with an ownership interest in the site or the property on | 5 |
| which the site is located. For the purpose of this | 6 |
| subsection (a), "ownership interest" has the same meaning | 7 |
| as provided in Section 21-285 of the Property Tax Code. | 8 |
| (b) Corrective action.
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| (1) If the site investigation confirms none of the | 10 |
| applicable indicator
contaminants exceed the proposed | 11 |
| remediation objectives, within 30 days after
completing | 12 |
| the site investigation the owner or operator shall submit | 13 |
| to the
Agency for approval a corrective action completion | 14 |
| report in accordance with
this Section.
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| (2) If any of the applicable indicator contaminants | 16 |
| exceed the
remediation objectives approved for the site, | 17 |
| within 30 days after the Agency
approves the site | 18 |
| investigation completion report the owner or operator | 19 |
| shall
submit to the Agency for approval a corrective action | 20 |
| plan designed to mitigate
any threat to human health, human | 21 |
| safety, or the environment resulting from the
underground | 22 |
| storage tank release. The plan shall describe the selected | 23 |
| remedy
and evaluate its ability and effectiveness to | 24 |
| achieve the remediation
objectives approved for the site. | 25 |
| At a minimum, the report shall include all
of the | 26 |
| following:
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| (A) Executive summary.
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| (B) Statement of remediation objectives.
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| (C) Remedial technologies selected.
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| (D) Confirmation sampling plan.
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| (E) Current and projected future use of the | 6 |
| property.
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| (F) Applicable preventive, engineering, and | 8 |
| institutional controls
including long-term | 9 |
| reliability, operating, and maintenance plans, and
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| monitoring procedures.
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| (G) A schedule for implementation and completion | 12 |
| of the plan.
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| (3) Any owner or operator intending to seek payment | 14 |
| from the Fund shall
submit to the Agency for approval a | 15 |
| corrective action budget that includes,
but is not limited | 16 |
| to, an accounting of all costs associated with the
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| implementation and completion of the corrective action | 18 |
| plan.
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| (4) Upon the Agency's approval of a corrective action | 20 |
| plan, or as
otherwise directed by the Agency, the owner or | 21 |
| operator shall proceed with
corrective action in | 22 |
| accordance with the plan.
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| (5) Within 30 days after the completion of a corrective | 24 |
| action plan that
achieves applicable remediation | 25 |
| objectives the owner or operator shall submit
to the Agency | 26 |
| for approval a corrective action completion report. The |
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| report
shall demonstrate whether corrective action was | 2 |
| completed in accordance with
the approved corrective | 3 |
| action plan and whether the remediation objectives
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| approved for the site, as well as any other requirements of | 5 |
| the plan, have
been achieved.
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| (6) If within 4 years after the approval of any | 7 |
| corrective action plan
the applicable remediation | 8 |
| objectives have not been achieved and the owner or
operator | 9 |
| has not submitted a corrective action completion report, | 10 |
| the owner or
operator must submit a status report for | 11 |
| Agency review. The status report must
include, but is not | 12 |
| limited to, a description of the remediation activities
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| taken to date, the effectiveness of the method of | 14 |
| remediation being used, the
likelihood of meeting the | 15 |
| applicable remediation objectives using the current
method | 16 |
| of remediation, and the date the applicable remediation | 17 |
| objectives are
expected to be achieved. The status report | 18 |
| must be evaluated by the Agency and made available to the | 19 |
| public on the Agency's Internet website no less than 30 | 20 |
| days before a public hearing is held to determine whether | 21 |
| the owner or operator may continue remediation efforts | 22 |
| under the current corrective action plan for the site. Any | 23 |
| public hearing conducted under this item (6) must be held | 24 |
| in the municipality nearest the remediation site.
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| (7) If the Agency determines any approved corrective | 26 |
| action plan will
not achieve applicable remediation |
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| objectives within a reasonable time, based
upon the method | 2 |
| of remediation and site specific circumstances, the Agency | 3 |
| may
require the owner or operator to submit to the Agency | 4 |
| for approval a revised
corrective action plan. If the owner | 5 |
| or operator intends to seek payment from
the Fund, the | 6 |
| owner or operator must also submit a revised budget.
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| (8) If all applicable remediation objectives have not | 8 |
| been achieved at a site within 10 years after completion of | 9 |
| the site investigation, the Agency, in collaboration with | 10 |
| the Board, must hold a public hearing to determine whether | 11 |
| the responsible owner or operator will either (i) pay the | 12 |
| Agency to conduct the proper corrective action or (ii) | 13 |
| purchase the site from the current site owner for the | 14 |
| site's fair market value. If the Agency proceeds under item | 15 |
| (i), the Agency must complete the proper corrective action | 16 |
| within 2 years after the public hearing under this | 17 |
| paragraph. | 18 |
| (c) Agency review and approval.
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| (1) Agency approval of any plan and associated budget, | 20 |
| as described in
this subsection (c), shall be considered | 21 |
| final approval for purposes of
seeking and obtaining | 22 |
| payment from the Underground Storage Tank Fund if the
costs | 23 |
| associated with the completion of any such plan are less | 24 |
| than or equal
to the amounts approved in such budget.
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| (2) In the event the Agency fails to approve, | 26 |
| disapprove, or modify any
plan or report submitted pursuant |
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| to this Title in writing within 120 days
of the receipt by | 2 |
| the Agency, the plan or report shall be considered to be
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| rejected by operation of law for purposes of this Title and | 4 |
| rejected for
purposes of payment from the Underground | 5 |
| Storage Tank Fund.
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| (A) For purposes of those plans as identified in | 7 |
| paragraph (5) of this
subsection (c), the Agency's | 8 |
| review may be an audit procedure. Such review or
audit | 9 |
| shall be consistent with the procedure for such review | 10 |
| or audit as
promulgated by the Board under Section | 11 |
| 57.14. The Agency has the authority to
establish an | 12 |
| auditing program to verify compliance of such plans | 13 |
| with the
provisions of this Title.
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| (B) For purposes of corrective action plans | 15 |
| submitted pursuant to
subsection (b) of this Section | 16 |
| for which payment from the Fund is not being
sought, | 17 |
| the Agency need not take action on such plan until 120 | 18 |
| days after it
receives the corrective action | 19 |
| completion report required under subsection (b)
of | 20 |
| this Section. In the event the Agency approved the | 21 |
| plan, it shall proceed
under the provisions of this | 22 |
| subsection (c).
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| (3) In approving any plan submitted pursuant to | 24 |
| subsection (a) or (b)
of this Section, the Agency shall | 25 |
| determine, by a procedure promulgated by
the Board under | 26 |
| Section 57.14, that the costs associated with the plan are
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| reasonable, will be incurred in the performance of site | 2 |
| investigation or
corrective action, and will not be used | 3 |
| for site investigation or corrective
action activities in | 4 |
| excess of those required to meet the minimum requirements
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| of this Title.
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| (4) For any plan or report received after June 24,
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| 2002, any action by the Agency to disapprove or modify a | 8 |
| plan submitted
pursuant to this Title shall be provided to | 9 |
| the owner or operator in writing
within 120 days of the | 10 |
| receipt by the Agency or, in the case of a site
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| investigation plan or corrective action plan for which | 12 |
| payment is not being
sought, within 120 days of receipt of | 13 |
| the site investigation completion report
or corrective | 14 |
| action completion report, respectively, and shall be | 15 |
| accompanied
by:
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| (A) an explanation of the Sections of this Act | 17 |
| which may be violated
if the plans were approved;
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| (B) an explanation of the provisions of the | 19 |
| regulations, promulgated
under this Act, which may be | 20 |
| violated if the plan were approved;
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| (C) an explanation of the specific type of | 22 |
| information, if any,
which the Agency deems the | 23 |
| applicant did not provide the Agency; and
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| (D) a statement of specific reasons why the Act and | 25 |
| the regulations
might not be met if the plan were | 26 |
| approved.
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| Any action by the Agency to disapprove or modify a plan | 2 |
| or report or
the rejection of any plan or report by | 3 |
| operation of law shall be subject
to appeal to the Board in | 4 |
| accordance with the procedures of Section 40. If
the owner | 5 |
| or operator elects to incorporate modifications required | 6 |
| by the
Agency rather than appeal, an amended plan shall be | 7 |
| submitted to the Agency
within 35 days of receipt of the | 8 |
| Agency's written notification.
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| (5) For purposes of this Title, the term "plan" shall | 10 |
| include:
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| (A) Any site investigation plan submitted pursuant | 12 |
| to subsection (a)
of this Section;
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| (B) Any site investigation budget submitted | 14 |
| pursuant to subsection (a)
of this Section;
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| (C) Any corrective action plan submitted pursuant | 16 |
| to
subsection (b) of this Section; or
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| (D) Any corrective action plan budget submitted | 18 |
| pursuant to
subsection (b) of this Section.
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| (d) For purposes of this Title, the term "indicator | 20 |
| contaminant" shall
mean, unless and until the Board promulgates | 21 |
| regulations to the contrary, the
following: (i) if an | 22 |
| underground storage tank contains gasoline, the indicator
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| parameter shall be BTEX and Benzene; (ii) if the tank contained | 24 |
| petroleum
products consisting of middle distillate or heavy | 25 |
| ends, then the indicator
parameter shall be determined by a | 26 |
| scan of PNA's taken from the location where
contamination is |
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| most likely to be present; and (iii) if the tank contained
used | 2 |
| oil, then the indicator contaminant shall be those chemical | 3 |
| constituents
which indicate the type of petroleum stored in an | 4 |
| underground storage tank.
All references in this Title to | 5 |
| groundwater objectives shall mean Class I
groundwater | 6 |
| standards or objectives as applicable.
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| (e) (1) Notwithstanding the provisions of this Section, an | 8 |
| owner or
operator may proceed to conduct site investigation | 9 |
| or corrective action prior
to the submittal or approval of | 10 |
| an otherwise required plan. If the owner or
operator elects | 11 |
| to so proceed, an applicable plan shall be filed with the
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| Agency at any time. Such plan shall detail the steps taken | 13 |
| to determine the
type of site investigation or corrective | 14 |
| action which was necessary at the site
along with the site | 15 |
| investigation or corrective action taken or to be taken, in
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| addition to costs associated with activities to date and | 17 |
| anticipated costs.
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| (2) Upon receipt of a plan submitted after activities | 19 |
| have commenced at a
site, the Agency shall proceed to | 20 |
| review in the same manner as required under
this Title. In | 21 |
| the event the Agency disapproves all or part of the costs, | 22 |
| the
owner or operator may appeal such decision to the | 23 |
| Board. The owner or operator
shall not be eligible to be | 24 |
| reimbursed for such disapproved costs unless and
until the | 25 |
| Board determines that such costs were eligible for
payment.
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| (f) All investigations, plans, and reports conducted or |
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| prepared under
this Section shall be conducted or prepared | 2 |
| under the supervision of a
licensed professional engineer and | 3 |
| in accordance with the requirements
of this Title.
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| (Source: P.A. 95-331, eff. 8-21-07.)
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| Section 99. Effective date. This Act takes effect upon | 6 |
| becoming law.
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