Illinois Compiled Statutes
ILCS Listing
Public
Acts Search
Guide
Disclaimer
Information maintained by the Legislative
Reference Bureau
Updating the database of the Illinois Compiled Statutes (ILCS) is an ongoing process.
Recent laws may not yet be included in the ILCS database, but they are found on this site as Public
Acts soon after they become law. For information concerning the relationship between statutes and Public Acts, refer to the
Guide.
Because the statute database is maintained primarily for legislative drafting purposes,
statutory changes are sometimes included in the statute database before they take effect.
If the source note at the end of a Section of the statutes includes a Public Act that has
not yet taken effect, the version of the law that is currently in effect may have already
been removed from the database and you should refer to that Public Act to see the changes
made to the current law.
415 ILCS 5/22.2
(415 ILCS 5/22.2) (from Ch. 111 1/2, par. 1022.2)
Sec. 22.2. Hazardous waste; fees; liability.
(a) There are hereby created within the State Treasury 2
special funds to be known respectively as the "Hazardous Waste Fund" and
the "Hazardous Waste Research Fund", constituted from the fees collected
pursuant to this Section.
In addition to the fees collected under this Section, the Hazardous Waste
Fund shall include other moneys made available from any source for deposit into
the Fund.
(b)(1) On and after January 1, 1989, the Agency shall | | collect from the owner or operator of each of the following sites a fee in the amount of:
|
|
(A) 9 cents per gallon or $18.18 per cubic yard,
| | if the hazardous waste disposal site is located off the site where such waste was produced. The maximum amount payable under this subdivision (A) with respect to the hazardous waste generated by a single generator and deposited in monofills is $30,000 per year. If, as a result of the use of multiple monofills, waste fees in excess of the maximum are assessed with respect to a single waste generator, the generator may apply to the Agency for a credit.
|
|
(B) 9 cents or $18.18 per cubic yard, if the
| | hazardous waste disposal site is located on the site where such waste was produced, provided however the maximum amount of fees payable under this paragraph (B) is $30,000 per year for each such hazardous waste disposal site.
|
|
(C) If the hazardous waste disposal site is an
| | underground injection well, $6,000 per year if not more than 10,000,000 gallons per year are injected, $15,000 per year if more than 10,000,000 gallons but not more than 50,000,000 gallons per year are injected, and $27,000 per year if more than 50,000,000 gallons per year are injected.
|
|
(D) 3 cents per gallon or $6.06 per cubic yard of
| | hazardous waste received for treatment at a hazardous waste treatment site, if the hazardous waste treatment site is located off the site where such waste was produced and if such hazardous waste treatment site is owned, controlled and operated by a person other than the generator of such waste. After treatment at such hazardous waste treatment site, the waste shall not be subject to any other fee imposed by this subsection (b). For purposes of this subsection (b), the term "treatment" is defined as in Section 3.505 but shall not include recycling, reclamation or reuse.
|
|
(2) The General Assembly shall annually appropriate
| | to the Fund such amounts as it deems necessary to fulfill the purposes of this Act.
|
|
(3) The Agency shall have the authority to accept,
| | receive, and administer on behalf of the State any moneys made available to the State from any source for the purposes of the Hazardous Waste Fund set forth in subsection (d) of this Section.
|
|
(4) Of the amount collected as fees provided for in
| | this Section, the Agency shall manage the use of such funds to assure that sufficient funds are available for match towards federal expenditures for response action at sites which are listed on the National Priorities List; provided, however, that this shall not apply to additional monies appropriated to the Fund by the General Assembly, nor shall it apply in the event that the Director finds that revenues in the Hazardous Waste Fund must be used to address conditions which create or may create an immediate danger to the environment or public health or to the welfare of the people of the State of Illinois.
|
|
(5) Notwithstanding the other provisions of this
| | subsection (b), sludge from a publicly-owned sewage works generated in Illinois, coal mining wastes and refuse generated in Illinois, bottom boiler ash, flyash and flue gas desulphurization sludge from public utility electric generating facilities located in Illinois, and bottom boiler ash and flyash from all incinerators which process solely municipal waste shall not be subject to the fee.
|
|
(6) For the purposes of this subsection (b),
| | "monofill" means a facility, or a unit at a facility, that accepts only wastes bearing the same USEPA hazardous waste identification number, or compatible wastes as determined by the Agency.
|
|
(c) The Agency shall establish procedures, not later than January 1,
1984, relating to the collection of the fees authorized by this Section.
Such procedures shall include, but not be limited to: (1) necessary records
identifying the quantities of hazardous waste received or disposed; (2) the
form and submission of reports to accompany the payment of fees to the
Agency; and (3) the time and manner of payment of fees to the Agency,
which payments shall be not more often than quarterly.
(d) Beginning July 1, 1996, the Agency shall deposit all such receipts in the State Treasury to the credit of the
Hazardous Waste Fund, except as provided in subsection (e) of this Section.
All monies in the Hazardous Waste Fund shall be used by the Agency for the following purposes:
(1) Taking whatever preventive or corrective action
| | is necessary or appropriate, in circumstances certified by the Director, including but not limited to removal or remedial action whenever there is a release or substantial threat of a release of a hazardous substance or pesticide; provided, the Agency shall expend no more than $1,000,000 on any single incident without appropriation by the General Assembly.
|
|
(2) To meet any requirements which must be met by the
| | State in order to obtain federal funds pursuant to the Comprehensive Environmental Response, Compensation and Liability Act of 1980, (P.L. 96-510).
|
|
(3) In an amount up to 30% of the amount collected as
| | fees provided for in this Section, for use by the Agency to conduct groundwater protection activities, including providing grants to appropriate units of local government which are addressing protection of underground waters pursuant to the provisions of this Act.
|
|
(4) To fund the development and implementation of the
| | model pesticide collection program under Section 19.1 of the Illinois Pesticide Act.
|
|
(5) To the extent the Agency has received and
| | deposited monies in the Fund other than fees collected under subsection (b) of this Section, to pay for the cost of Agency employees for services provided in reviewing the performance of response actions pursuant to Title XVII of this Act.
|
|
(6) In an amount up to 15% of the fees collected
| | annually under subsection (b) of this Section, for use by the Agency for administration of the provisions of this Section.
|
|
(e) The Agency shall deposit 10% of all receipts collected under subsection
(b) of this Section, but not to exceed $200,000 per year, in the State
Treasury to the credit of the Hazardous Waste Research Fund established by this
Act. Pursuant to appropriation, all monies in such Fund shall be used by the University of Illinois
for the purposes set forth in
this subsection.
The University of Illinois may enter into contracts with business,
industrial, university, governmental or other qualified individuals or
organizations to assist in the research and development intended to recycle,
reduce the volume of, separate, detoxify or reduce the hazardous properties of
hazardous wastes in Illinois. Monies in the Fund may also be used by the University of Illinois
for technical studies, monitoring activities,
and educational and research activities which are related to the protection of
underground waters. Monies in the Hazardous Waste Research Fund may be used to
administer the Illinois Health and Hazardous Substances Registry Act. Monies
in the Hazardous Waste Research Fund shall not be used for any sanitary
landfill or the acquisition or construction of any facility. This does not
preclude the purchase of equipment for the purpose of public demonstration
projects. The University of Illinois shall adopt guidelines for cost
sharing, selecting, and administering projects under this subsection.
(f) Notwithstanding any other provision or rule of law, and subject
only to the defenses set forth in subsection (j) of this Section, the
following persons shall be liable for all costs of removal or remedial
action incurred by the State of Illinois or any unit of local
government as a result of a release or substantial threat of a release of
a hazardous substance or pesticide:
(1) the owner and operator of a facility or vessel
| | from which there is a release or substantial threat of release of a hazardous substance or pesticide;
|
|
(2) any person who at the time of disposal,
| | transport, storage or treatment of a hazardous substance or pesticide owned or operated the facility or vessel used for such disposal, transport, treatment or storage from which there was a release or substantial threat of a release of any such hazardous substance or pesticide;
|
|
(3) any person who by contract, agreement, or
| | otherwise has arranged with another party or entity for transport, storage, disposal or treatment of hazardous substances or pesticides owned, controlled or possessed by such person at a facility owned or operated by another party or entity from which facility there is a release or substantial threat of a release of such hazardous substances or pesticides; and
|
|
(4) any person who accepts or accepted any hazardous
| | substances or pesticides for transport to disposal, storage or treatment facilities or sites from which there is a release or a substantial threat of a release of a hazardous substance or pesticide.
|
|
Any monies received by the State of Illinois pursuant to this
subsection (f) shall be deposited in the State Treasury to the credit
of the Hazardous Waste Fund.
In accordance with the other provisions of this Section, costs of
removal or remedial action incurred by a unit of local government may be
recovered in an action before the Board brought by the unit of local
government under subsection (i) of this Section. Any monies so recovered
shall be paid to the unit of local government.
(g)(1) No indemnification, hold harmless, or similar
| | agreement or conveyance shall be effective to transfer from the owner or operator of any vessel or facility or from any person who may be liable for a release or substantial threat of a release under this Section, to any other person the liability imposed under this Section. Nothing in this Section shall bar any agreement to insure, hold harmless or indemnify a party to such agreements for any liability under this Section.
|
|
(2) Nothing in this Section, including the provisions
| | of paragraph (g)(1) of this Section, shall bar a cause of action that an owner or operator or any other person subject to liability under this Section, or a guarantor, has or would have, by reason of subrogation or otherwise against any person.
|
|
(h) For purposes of this Section:
(1) The term "facility" means:
(A) any building, structure, installation,
| | equipment, pipe or pipeline including but not limited to any pipe into a sewer or publicly owned treatment works, well, pit, pond, lagoon, impoundment, ditch, landfill, storage container, motor vehicle, rolling stock, or aircraft; or
|
|
(B) any site or area where a hazardous substance
| | has been deposited, stored, disposed of, placed, or otherwise come to be located.
|
|
(2) The term "owner or operator" means:
(A) any person owning or operating a vessel or
| |
(B) in the case of an abandoned facility, any
| | person owning or operating the abandoned facility or any person who owned, operated, or otherwise controlled activities at the abandoned facility immediately prior to such abandonment;
|
|
(C) in the case of a land trust as defined in
| | Section 2 of the Land Trustee as Creditor Act, the person owning the beneficial interest in the land trust;
|
|
(D) in the case of a fiduciary (other than a land
| | trustee), the estate, trust estate, or other interest in property held in a fiduciary capacity, and not the fiduciary. For the purposes of this Section, "fiduciary" means a trustee, executor, administrator, guardian, receiver, conservator or other person holding a facility or vessel in a fiduciary capacity;
|
|
(E) in the case of a "financial institution",
| | meaning the Illinois Housing Development Authority and that term as defined in Section 2 of the Illinois Banking Act, that has acquired ownership, operation, management, or control of a vessel or facility through foreclosure or under the terms of a security interest held by the financial institution or under the terms of an extension of credit made by the financial institution, the financial institution only if the financial institution takes possession of the vessel or facility and the financial institution exercises actual, direct, and continual or recurrent managerial control in the operation of the vessel or facility that causes a release or substantial threat of a release of a hazardous substance or pesticide resulting in removal or remedial action;
|
|
(F) In the case of an owner of residential
| | property, the owner if the owner is a person other than an individual, or if the owner is an individual who owns more than 10 dwelling units in Illinois, or if the owner, or an agent, representative, contractor, or employee of the owner, has caused, contributed to, or allowed the release or threatened release of a hazardous substance or pesticide. The term "residential property" means single family residences of one to 4 dwelling units, including accessory land, buildings, or improvements incidental to those dwellings that are exclusively used for the residential use. For purposes of this subparagraph (F), the term "individual" means a natural person, and shall not include corporations, partnerships, trusts, or other non-natural persons.
|
|
(G) In the case of any facility, title or control
| | of which was conveyed due to bankruptcy, foreclosure, tax delinquency, abandonment, or similar means to a unit of State or local government, any person who owned, operated, or otherwise controlled activities at the facility immediately beforehand.
|
|
(H) The term "owner or operator" does not include
| | a unit of State or local government which acquired ownership or control through bankruptcy, tax delinquency, abandonment, or other circumstances in which the government acquires title by virtue of its function as sovereign. The exclusion provided under this paragraph shall not apply to any State or local government which has caused or contributed to the release or threatened release of a hazardous substance from the facility, and such a State or local government shall be subject to the provisions of this Act in the same manner and to the same extent, both procedurally and substantively, as any nongovernmental entity, including liability under Section 22.2(f).
|
|
(i) The costs and damages provided for in this Section may be imposed by
the Board in an action brought before the Board in accordance with Title
VIII of this Act, except that Section 33(c) of this Act shall not apply to
any such action.
(j)(1) There shall be no liability under this Section for a person
otherwise liable who can establish by a preponderance of the evidence that
the release or substantial threat of release of a hazardous substance and
the damages resulting therefrom were caused solely by:
(A) an act of God;
(B) an act of war;
(C) an act or omission of a third party other than an
| | employee or agent of the defendant, or other than one whose act or omission occurs in connection with a contractual relationship, existing directly or indirectly, with the defendant (except where the sole contractual arrangement arises from a published tariff and acceptance for carriage by a common carrier by rail), if the defendant establishes by a preponderance of the evidence that (i) he exercised due care with respect to the hazardous substance concerned, taking into consideration the characteristics of such hazardous substance, in light of all relevant facts and circumstances, and (ii) he took precautions against foreseeable acts or omissions of any such third party and the consequences that could foreseeably result from such acts or omissions; or
|
|
(D) any combination of the foregoing paragraphs.
(2) There shall be no liability under this Section for any release
permitted by State or federal law.
(3) There shall be no liability under this Section for damages as a result
of actions taken or omitted in the course of rendering care, assistance,
or advice in accordance with this Section or the National Contingency Plan
pursuant to the Comprehensive Environmental Response, Compensation and
Liability Act of 1980 (P.L. 96-510) or at the direction of an
on-scene coordinator appointed under such plan, with respect to an incident
creating a danger to public health or welfare or the environment as a result
of any release of a hazardous substance or a substantial threat thereof. This
subsection shall not preclude liability for damages as the result of gross
negligence or intentional misconduct on the part of such person. For the
purposes of the preceding sentence, reckless, willful, or wanton misconduct
shall constitute gross negligence.
(4) There shall be no liability under this Section for any person
(including, but not limited to, an owner of residential property who applies a
pesticide to the residential property or who has another person apply a
pesticide to the residential property) for response costs or damages as the
result of the storage, handling and use, or recommendation for storage,
handling and use, of a pesticide consistent with:
(A) its directions for storage, handling and use as
| | stated in its label or labeling;
|
|
(B) its warnings and cautions as stated in its label
| |
(C) the uses for which it is registered under the
| | Federal Insecticide, Fungicide and Rodenticide Act and the Illinois Pesticide Act.
|
|
(4.5) There shall be no liability under subdivision (f)(1) of this Section
for response costs or damages as the result of a release
of a pesticide from an agrichemical facility site if
the Agency has received notice from the Department of Agriculture pursuant to
Section 19.3 of the Illinois Pesticide Act, the owner or operator of the
agrichemical facility is proceeding with a corrective action plan under the
Agrichemical Facility Response Action Program implemented under that Section,
and the Agency
has provided a written endorsement of a corrective action plan.
(4.6) There shall be no liability under subdivision (f)(1) of this
Section for response costs or damages as the result of a substantial threat of
a release of a pesticide from an agrichemical facility site if
the Agency has received notice from the Department of Agriculture pursuant to
Section 19.3 of the Illinois Pesticide Act and the owner or operator of the
agrichemical facility is proceeding with a corrective action plan under the
Agrichemical Facility Response Action Program implemented under that
Section.
(5) Nothing in this subsection (j) shall affect or modify in any way the
obligations or liability of any person under any other provision of this
Act or State or federal law, including common law, for damages, injury,
or loss resulting from a release or substantial threat of a release of any
hazardous substance or for removal or remedial action or the costs of removal
or remedial action of such hazardous substance.
(6)(A) The term "contractual relationship", for the purpose of this
subsection includes, but is not limited to, land contracts, deeds or other
instruments transferring title or possession, unless the real property on
which the facility concerned is located was acquired by the defendant after
the disposal or placement of the hazardous substance on, in, or at the
facility, and one or more of the circumstances described in clause (i),
(ii), or (iii) of this paragraph is also established by the defendant by a
preponderance of the evidence:
(i) At the time the defendant acquired the facility
| | the defendant did not know and had no reason to know that any hazardous substance which is the subject of the release or threatened release was disposed of on, in or at the facility.
|
|
(ii) The defendant is a government entity which
| | acquired the facility by escheat, or through any other involuntary transfer or acquisition, or through the exercise of eminent domain authority by purchase or condemnation.
|
|
(iii) The defendant acquired the facility by
| |
In addition to establishing the foregoing, the defendant must establish
that he has satisfied the requirements of subparagraph (C) of paragraph (1)
of this subsection (j).
(B) To establish the defendant had no reason to know, as provided in
clause (i) of subparagraph (A) of this paragraph, the defendant must have
undertaken, at the time of acquisition, all appropriate inquiry into the
previous ownership and uses of the property consistent with good commercial
or customary practice in an effort to minimize liability. For purposes of
the preceding sentence, the court shall take into account any specialized
knowledge or experience on the part of the defendant, the relationship of
the purchase price to the value of the property if uncontaminated, commonly
known or reasonably ascertainable information about the property, the
obviousness of the presence or likely presence of contamination at the
property, and the ability to detect such contamination by appropriate
inspection.
(C) Nothing in this paragraph (6) or in subparagraph (C) of paragraph
(1) of this subsection shall diminish the liability of any previous owner
or operator of such facility who would otherwise be liable under this Act.
Notwithstanding this paragraph (6), if the defendant obtained actual
knowledge of the release or threatened release of a hazardous substance at
such facility when the defendant owned the real property and then
subsequently transferred ownership of the property to another person
without disclosing such knowledge, such defendant shall be treated as
liable under subsection (f) of this Section and no defense under
subparagraph (C) of paragraph (1) of this subsection shall be available
to such defendant.
(D) Nothing in this paragraph (6) shall affect the liability under this
Act of a defendant who, by any act or omission, caused or contributed to
the release or threatened release of a hazardous substance which is the
subject of the action relating to the facility.
(E)(i) Except as provided in clause (ii) of this subparagraph (E), a
defendant who has acquired real property shall have established a rebuttable
presumption against all State claims and a conclusive presumption against all
private party claims that the defendant has made all appropriate inquiry within
the meaning of subdivision (6)(B) of this subsection (j) if the defendant
proves that immediately prior to or at the time of the acquisition:
(I) the defendant obtained a Phase I Environmental
| | Audit of the real property that meets or exceeds the requirements of this subparagraph (E), and the Phase I Environmental Audit did not disclose the presence or likely presence of a release or a substantial threat of a release of a hazardous substance or pesticide at, on, to, or from the real property; or
|
|
(II) the defendant obtained a Phase II Environmental
| | Audit of the real property that meets or exceeds the requirements of this subparagraph (E), and the Phase II Environmental Audit did not disclose the presence or likely presence of a release or a substantial threat of a release of a hazardous substance or pesticide at, on, to, or from the real property.
|
|
(ii) No presumption shall be created under clause (i) of this subparagraph
(E), and a defendant shall be precluded from demonstrating that the defendant
has made all appropriate inquiry within the meaning of subdivision (6)(B) of
this subsection (j), if:
(I) the defendant fails to obtain all Environmental
| | Audits required under this subparagraph (E) or any such Environmental Audit fails to meet or exceed the requirements of this subparagraph (E);
|
|
(II) a Phase I Environmental Audit discloses the
| | presence or likely presence of a release or a substantial threat of a release of a hazardous substance or pesticide at, on, to, or from real property, and the defendant fails to obtain a Phase II Environmental Audit;
|
|
(III) a Phase II Environmental Audit discloses the
| | presence or likely presence of a release or a substantial threat of a release of a hazardous substance or pesticide at, on, to, or from the real property;
|
|
(IV) the defendant fails to maintain a written
| | compilation and explanatory summary report of the information reviewed in the course of each Environmental Audit under this subparagraph (E); or
|
|
(V) there is any evidence of fraud, material
| | concealment, or material misrepresentation by the defendant of environmental conditions or of related information discovered during the course of an Environmental Audit.
|
|
(iii) For purposes of this subparagraph (E), the term "environmental
professional" means an individual (other than a practicing attorney) who,
through academic training, occupational experience, and reputation (such as
engineers, industrial hygienists, or geologists) can objectively conduct one or
more aspects of an Environmental Audit and who either:
(I) maintains at the time of the Environmental Audit
| | and for at least one year thereafter at least $500,000 of environmental consultants' professional liability insurance coverage issued by an insurance company licensed to do business in Illinois; or
|
|
(II) is an Illinois licensed professional engineer or
| | a Certified Industrial Hygienist certified by the American Board of Industrial Hygiene.
|
|
An environmental professional may employ persons who are not environmental
professionals to assist in the preparation of an Environmental Audit if such
persons are under the direct supervision and control of the environmental
professional.
(iv) For purposes of this subparagraph (E), the term "real property"
means any interest in any parcel of land, and includes, but is not limited to,
buildings, fixtures, and
improvements.
(v) For purposes of this subparagraph (E), the term "Phase I Environmental
Audit" means an investigation of real property, conducted by environmental
professionals, to discover the presence or likely presence of a release or a
substantial threat of a release of a hazardous substance or pesticide at, on,
to, or from real property, and whether a release or a substantial threat of
a release of a hazardous substance or pesticide has occurred or may occur at,
on, to, or from the real property. Until such time as the United
States Environmental Protection Agency establishes
standards for making appropriate inquiry into the previous
ownership and uses of the facility pursuant to 42 U.S.C.
Sec. 9601(35)(B)(ii), the investigation shall comply with the
procedures of the American Society for Testing and
Materials, including the document known as Standard
E1527-97, entitled "Standard Procedures for Environmental
Site Assessment: Phase 1 Environmental Site Assessment
Process". Upon their adoption, the standards promulgated
by USEPA pursuant to 42 U.S.C. Sec. 9601(35)(B)(ii) shall
govern the performance of Phase I Environmental Audits. In
addition to the above requirements, the Phase I
Environmental Audit shall include a review of recorded land
title records for the purpose of determining whether the real
property is subject to an environmental land use restriction
such as a No Further Remediation Letter, Environmental
Land Use Control, or Highway Authority Agreement.
(vi) For purposes of subparagraph (E), the term "Phase II Environmental
Audit" means an investigation of real property, conducted by environmental
professionals, subsequent to a Phase I Environmental Audit. If the Phase I
Environmental Audit discloses the presence or likely presence of a hazardous
substance or a pesticide or a release or a substantial threat of a release of
a hazardous substance or pesticide:
(I) In or to soil, the defendant, as part of the
| | Phase II Environmental Audit, shall perform a series of soil borings sufficient to determine whether there is a presence or likely presence of a hazardous substance or pesticide and whether there is or has been a release or a substantial threat of a release of a hazardous substance or pesticide at, on, to, or from the real property.
|
|
(II) In or to groundwater, the defendant, as part of
| | the Phase II Environmental Audit, shall: review information regarding local geology, water well locations, and locations of waters of the State as may be obtained from State, federal, and local government records, including but not limited to the United States Geological Survey, the State Geological Survey of the University of Illinois, and the State Water Survey of the University of Illinois; and perform groundwater monitoring sufficient to determine whether there is a presence or likely presence of a hazardous substance or pesticide, and whether there is or has been a release or a substantial threat of a release of a hazardous substance or pesticide at, on, to, or from the real property.
|
|
(III) On or to media other than soil or groundwater,
| | the defendant, as part of the Phase II Environmental Audit, shall perform an investigation sufficient to determine whether there is a presence or likely presence of a hazardous substance or pesticide, and whether there is or has been a release or a substantial threat of a release of a hazardous substance or pesticide at, on, to, or from the real property.
|
|
(vii) The findings of each Environmental Audit prepared under this
subparagraph (E) shall be set forth in a written audit report. Each audit
report shall contain an affirmation by the defendant and by each environmental
professional who prepared the Environmental Audit that the facts stated in the
report are true and are made under a penalty of perjury as defined in Section
32-2 of the Criminal Code of 2012. It is perjury for any person to sign an
audit report that contains a false material statement that the person does not
believe to be true.
(viii) The Agency is not required to review, approve, or certify the results
of any Environmental Audit. The performance of an Environmental Audit shall in
no way entitle a defendant to a presumption of Agency approval or certification
of the results of the Environmental Audit.
The presence or absence of a disclosure document prepared under the
Responsible Property Transfer Act of 1988 shall not be a defense under this
Act and shall not satisfy the requirements of subdivision (6)(A) of this
subsection (j).
(7) No person shall be liable under this Section for response costs
or damages as the result of a pesticide release if the Agency has found
that a pesticide release occurred based on a Health Advisory issued by the
U.S. Environmental Protection Agency or an action level developed by the
Agency, unless the Agency notified the manufacturer of the pesticide and
provided an opportunity of not less than 30 days for the manufacturer to
comment on the technical and scientific justification supporting the Health
Advisory or action level.
(8) No person shall be liable under this Section for response costs or
damages as the result of a pesticide release that occurs in the course of a
farm pesticide collection program operated under Section 19.1 of the
Illinois Pesticide Act, unless the release results from gross negligence or
intentional misconduct.
(k) If any person who is liable for a release or substantial threat of
release of a hazardous substance or pesticide fails without sufficient
cause to provide removal or remedial action upon or in accordance with a
notice and request by the Agency or upon or in accordance with any order of
the Board or any court, such person may be liable to the State for punitive
damages in an amount at least equal to, and not more than 3 times, the
amount of any costs incurred by the State of Illinois as a result of such
failure to take such removal or remedial action. The punitive damages
imposed by the Board shall be in addition to any costs recovered from such
person pursuant to this Section and in addition to any other penalty or
relief provided by this Act or any other law.
Any monies received by the State pursuant to this subsection (k) shall
be deposited in the Hazardous Waste Fund.
(l) Beginning January 1, 1988, and prior to January 1, 2013, the Agency shall annually collect a $250
fee for each Special Waste Hauling Permit Application and, in addition,
shall collect a fee of $20 for each waste hauling vehicle identified in the
annual permit application and for each vehicle which is added to the permit
during the annual period. Beginning January 1, 2013, the Agency shall issue 3-year Special Waste Hauling Permits instead of annual Special Waste Hauling Permits and shall collect a $750 fee for each Special Waste Hauling Permit Application. In addition, beginning January 1, 2013, the Agency shall collect a fee of $60 for each waste hauling vehicle identified in the permit application and for each vehicle that is added to the permit during the 3-year period. The Agency shall deposit 85% of such fees
collected under this subsection in the State Treasury to the credit of
the Hazardous Waste Research Fund; and shall deposit the remaining 15% of
such fees collected in the State Treasury to the credit of the
Environmental Protection Permit and Inspection Fund. The majority of such
receipts which are deposited in the Hazardous Waste Research Fund pursuant
to this subsection shall be used by the University of Illinois for
activities which relate to the protection of underground waters.
(l-5) (Blank).
(m) (Blank).
(n) (Blank).
(Source: P.A. 97-220, eff. 7-28-11; 97-1081, eff. 8-24-12; 97-1150, eff. 1-25-13; 98-78, eff. 7-15-13; 98-756, eff. 7-16-14 .)
|
|