(415 ILCS 5/22.2a) (from Ch. 111 1/2, par. 1022.2a)
Sec. 22.2a.
(a) Whenever practicable and in the public interest, the
State of Illinois shall reach a final settlement with a potentially
responsible party in an administrative action brought before the Board or a
civil action brought before a court to establish liability and recover
response costs under Section 22.2 if such settlement involves only a minor
portion of the response costs at the facility concerned and, in the
judgment of the State of Illinois, the conditions in either of the
following subparagraphs (1) or (2) are met:
(1) Both (i) the amount of the hazardous substances contributed by that
party to the facility, and (ii) the toxic or other hazardous effects of the
substances contributed by that party to the facility, are minimal in
comparison to the other hazardous substances at the facility.
(2) The potentially responsible party (i) is the owner of the real
property on or in which the facility is located; (ii) did not conduct or
permit the generation, transportation, storage, treatment, or disposal of
any hazardous substance at the facility; (iii) did not contribute to the
release or threat of release of a hazardous substance at the facility
through any action or omission; and (iv) did not purchase the real property
with actual or constructive knowledge that the property was used for the
generation, transportation, storage, treatment, or disposal of any hazardous
substance.
(b) The State of Illinois may provide a covenant not to sue with
respect to the facility concerned to any party who has entered into a
settlement under this Section unless such a covenant would be inconsistent
with the public interest.
A party which has resolved its liability to the State through a settlement
under this Section shall not be liable for claims for contribution
regarding matters addressed in the settlement. Such a settlement does not
discharge any of the other potentially responsible parties unless its terms
so provide, but it shall reduce the total potential liability of the other
potentially responsible parties by the amount of the settlement.
(c) Nothing in this Section shall be construed to affect the authority
of the State to reach other settlements with other potentially responsible parties.
(Source: P.A. 86-679.)
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