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(415 ILCS 135/50)
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,
not limited to, reasonable attorney's fees and costs of litigation expended by
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
subsection (a), if the claimant received reimbursement from the Fund through
misrepresentation or fraud, and the claimant shall be liable for the amount of
(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
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
(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