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90_HB2978
415 ILCS 5/14.5 from Ch. 111 1/2, par. 1014.5
Amends the Environmental Protection Act. Adds a caption
and makes technical changes in a Section concerning
groundwater protection.
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1 AN ACT to amend the Environmental Protection Act by
2 changing Section 14.5.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Environmental Protection Act is amended
6 by changing Section 14.5 as follows:
7 (415 ILCS 5/14.5) (from Ch. 111 1/2, par. 1014.5)
8 Sec. 14.5. Groundwater protection; Agency certification
9 system.
10 (a) The Agency shall administer a certification system
11 for sites which represent a minimal hazard with respect to
12 contamination of groundwaters by potential primary or
13 potential secondary sources. No later than January 1, 1988,
14 the Agency shall develop and make available a minimal hazard
15 certification form and guidelines for the use and management
16 of containers and above ground tanks, and for the piling of
17 waste.
18 (b) After January 1, 1988, the owner of any site which
19 would otherwise be subject to the provisions of subsection
20 (d) of Section 14.2 or Section 14.4 and regulations adopted
21 thereunder may provide a certification of minimal hazard to
22 the Agency if the following conditions are met:
23 (1) no on-site landfilling, land treating, or surface
24 impounding of waste, other than landscape waste or
25 construction and demolition debris, has taken place and such
26 circumstance will continue;
27 (2) no on-site piles of special or hazardous waste are
28 present and such circumstance will continue, and any piling
29 of other wastes which could cause contamination of
30 groundwater will be consistent with guidelines developed by
31 the Agency;
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1 (3) no underground storage tanks are present on the site
2 and such circumstances will continue;
3 (4) use and management of containers and above ground
4 tanks will be consistent with guidelines developed by the
5 Agency;
6 (5) no on-site release of any hazardous substance or
7 petroleum has taken place which was of sufficient magnitude
8 to contaminate groundwaters;
9 (6) no more than 100 gallons of either pesticides or
10 organic solvents, or 10,000 gallons of any hazardous
11 substances, or 30,000 gallons of petroleum, will be present
12 at any time; and
13 (7) notice has been given to the owner of each community
14 water supply well within 1,000 feet of the site.
15 (c) Upon receipt of a certification pursuant to
16 subsection (b) of this Section the Agency shall, within 90
17 days, take one of the following actions:
18 (1) notify the owner of the site in writing that the
19 certification is complete and adequate;
20 (2) notify the owner of the site in writing that the
21 certification is not adequate, including a statement of the
22 reasons therefor;
23 (3) notify the owner of the site in writing that a site
24 inspection will be held within 120 days, and that following
25 such inspection but still within the 120 day period further
26 action will be taken pursuant to item (1) or (2) of this
27 subsection; or
28 (4) notify in writing the owner of the site that
29 pursuant to Section 17.1 a county or municipality is
30 conducting a groundwater protection needs assessment or the
31 Agency is conducting a well site survey which encompasses the
32 site for which certification is being processed, and specify
33 a time period, not to exceed a total of 180 days from the
34 date of the notice, for consideration of the findings from
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1 such assessment or survey and by which further action will be
2 taken pursuant to item (1) or (2) of this subsection.
3 A certification is not adequate if it fails to address
4 each of the conditions required to be met by subsection (b)
5 of this Section, or if the Agency possesses information which
6 reasonably suggests that any statement made in the
7 certification is inaccurate or incomplete. Action under item
8 (1) or (2) of this subsection shall constitute a final
9 determination of the Agency.
10 (d) When a certification has been provided with respect
11 to which the Agency has made a finding of adequacy or has
12 failed to act in a timely manner pursuant to subsection (c)
13 of this Section, the site shall not be subject to the
14 provisions of subsection (d) of Section 14.2 or Section 14.4
15 and regulations adopted thereunder for the following time
16 periods:
17 (1) one year, if the Agency has failed to act in a
18 timely manner pursuant to subsection (c) of this Section,
19 during which time the owner must recertify to continue such
20 status;
21 (2) three years, if the site is located within a minimum
22 or maximum setback zone, during which time the owner must
23 recertify to continue such status;
24 (3) five years, if the site is located within a
25 regulated recharge area, during which time the owner must
26 recertify to continue such status; or
27 (4) 90 days past the time when a change of ownership
28 takes place, during which time the new owner must recertify
29 to continue such status.
30 (e) During the effective period of a certification, the
31 owner of the site shall maintain compliance with the
32 conditions specified in subsection (b) of this Section. Any
33 failure by the owner to maintain such compliance shall be
34 just cause for decertification by the Agency. Such action
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1 may only be taken after the Agency has provided the owner
2 with a written notice which identifies the noncompliance and
3 specifies a 30 day period during which a written response may
4 be provided by the owner. Such response may describe any
5 actions taken by the owner which relate to the conditions of
6 certification. If such response is deficient or untimely,
7 the Agency shall serve notice upon the owner that the site
8 has been decertified and is subject to the applicable
9 provisions of subsection (d) of Section 14.2 or Section 14.4
10 and regulations adopted thereunder. Such notification shall
11 constitute a final determination of the Agency.
12 (f) The Agency shall maintain a master listing, indexed
13 by county, of those sites for which certifications are in
14 effect. Upon the establishment of a regional planning
15 committee pursuant to Section 17.2, the Agency shall provide
16 a copy of the pertinent portions of such listing to such
17 committee on a quarterly basis. The Agency shall also make
18 copies of such listing available to units of local government
19 and the public upon request.
20 (g) The Agency may enter into a written delegation
21 agreement with any county or municipality, which has adopted
22 an ordinance consistent with Section 14.2 or 14.3, to
23 administer the provisions of this Section. Such delegation
24 agreements shall require that the work to be performed
25 thereunder shall be in accordance with criteria established
26 by the Agency, be subject to periodic review by the Agency,
27 and shall include such financial and program auditing by the
28 Agency as may be necessary.
29 (Source: P.A. 85-863.)