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 135/50)
Sec. 50. Cost recovery; enforcement.
(a) The Agency may seek recovery from a potentially responsible party
liable for a release that is the subject of a remedial action and for which
the Fund has expended moneys for remedial action.
The amount of recovery sought by the Agency shall be equal to all moneys
expended by the Fund for and in connection with the remediation,
including, but
not limited to, reasonable attorney's fees and costs of litigation expended by
the
Fund in connection with the release.
(b) Except as provided in subsections
(c) and (d):
(1) The Agency shall not seek recovery for expenses |
| in connection with remedial action for a release from a claimant eligible for reimbursement except for any unpaid portion of the deductible.
|
|
(2) A claimant's liability for a release for which
|
| coverage is admitted under the insurance account shall not exceed the amount of the deductible, subject to the limits of insurance coverage.
|
|
(c) Notwithstanding subsection (b), the liability of a claimant
to the Fund shall be the
total costs of remedial action incurred by the Fund, as specified in subsection
(a), if the
claimant has not complied with the Environmental Protection Act, this Act, or rules adopted under either Act.
(d) Notwithstanding subsection (b), the liability of a
claimant to the Fund shall be the total costs of remedial action incurred by
the Fund, as
specified in
subsection (a), if the claimant received reimbursement from the Fund through
misrepresentation or fraud, and the claimant shall be liable for the amount of
the reimbursement.
(e) Upon reimbursement by
the Fund for remedial action under this Act, the rights of the claimant to
recover payment from a potentially responsible party are assumed by
the Agency to the extent the remedial action was paid by the Fund. A claimant
is precluded from
receiving double compensation for the same injury. A claimant may elect
to permit the Agency to pursue the claimant's cause of action for
an injury
not compensated by the Fund against a potentially responsible party,
provided the Attorney General or his or her designee determines the
representation would not be a conflict of interest.
(f) This Section does not preclude, limit, or in any way affect any of the
provisions of or causes of action pursuant to Section 22.2 of the Environmental
Protection Act.
(g) Any cost recovery action commenced before July 1, 2020, by the Council, pursuant to this Section, may be prosecuted or continued by the Attorney General on and after that date.
(h) All costs recovered under this Section shall be deposited into the Fund.
(Source: P.A. 101-400, eff. 7-1-20.)
|
