State of Illinois
90th General Assembly

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[ Introduced ][ Engrossed ][ House Amendment 003 ]
[ Senate Amendment 001 ]


      415 ILCS 5/19.8           from Ch. 111 1/2, par. 1019.8
          Amends the Environmental Protection Act to add a caption.
SB348 Enrolled                                 LRB9002369DPcc
 1        AN ACT to  amend  the  Environmental  Protection  Act  by
 2    changing Section 58.9.
 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 58.9 as follows:
 7        (415 ILCS 5/58.9)
 8        Sec. 58.9.  Liability.
 9        (a)  Cost assignment.
10             (1)  Notwithstanding  any  other  provisions of this
11        Act to the contrary, including subsection (f) of  Section
12        22.2,  in no event may the Agency, the State of Illinois,
13        or any person bring an action pursuant to this Act or the
14        Groundwater Protection  Act  to  require  any  person  to
15        conduct  remedial action or to seek recovery of costs for
16        remedial activity conducted by the State of  Illinois  or
17        any   person   beyond  the  remediation  of  releases  of
18        regulated substances that  may  be  attributed  to  being
19        proximately  caused   by such person's act or omission or
20        beyond   such   person's    proportionate    degree    of
21        responsibility  for  costs  of  the  remedial  action  of
22        releases  of  regulated  substances that were proximately
23        caused or contributed to by 2 or more persons.
24             (2)  Notwithstanding any provisions in this  Act  to
25        the  contrary,  including subsection (f) of Section 22.2,
26        in no event may the  State  of  Illinois  or  any  person
27        require  the   performance of remedial action pursuant to
28        this Act against any of the following:
29                  (A)  A   person   who   neither   caused    nor
30             contributed  to in any material respect a release of
31             regulated substances on, in, or under the site  that
SB348 Enrolled              -2-                LRB9002369DPcc
 1             was  identified and addressed by the remedial action
 2             taken pursuant to this Title.
 3                  (B)  Notwithstanding   a   landlord's    rights
 4             against  a  tenant,  a landlord, if the landlord did
 5             not know, and could not have  reasonably  known,  of
 6             the  acts  or  omissions  of a tenant that caused or
 7             contributed to, or were likely  to  have  caused  or
 8             contributed  to,  a  release of regulated substances
 9             that resulted in the performance of remedial  action
10             at the site.
11                  (C)  The State of Illinois or any unit of local
12             government if it involuntarily acquires ownership or
13             control  of  the site by virtue of its function as a
14             sovereign through such means as escheat, bankruptcy,
15             tax delinquency, or abandonment, unless the State of
16             Illinois  or  unit   of   local   government   takes
17             possession of the site and exercises actual, direct,
18             and continual or recurrent managerial control in the
19             operation  of  the  site  that  causes  a release or
20             substantial threat  of  a  release  of  a  regulated
21             substance resulting in removal or remedial activity.
22                  (D)  The State of Illinois or any unit of local
23             government  if  it voluntarily acquires ownership or
24             control of the site through purchase, appropriation,
25             or other means, unless the State of Illinois or  the
26             unit  of  local  government  takes possession of the
27             site and exercises actual, direct, and continual  or
28             recurrent managerial control in the operation of the
29             site  that causes a release or substantial threat of
30             a release of  a  regulated  substance  resulting  in
31             removal or remedial activity.
32                  (E)  A  financial  institution, as that term is
33             defined in Section 2 of the Illinois Banking Act and
34             to  include   the   Illinois   Housing   Development
SB348 Enrolled              -3-                LRB9002369DPcc
 1             Authority,   that   has   acquired   the  ownership,
 2             operation, management, or control of a site  through
 3             foreclosure,   a   deed   in  lieu  of  foreclosure,
 4             receivership, by  exercising  of  an  assignment  of
 5             rents, as mortgagee in possession or otherwise under
 6             the  terms  of  a  security  interest  held  by  the
 7             financial  institution,  or  under  the  terms of an
 8             extension  of   credit   made   by   the   financial
 9             institution,  unless the financial institution takes
10             actual physical possession of the site  and,  in  so
11             doing,  directly  causes  a  release of  a regulated
12             substance  that  results  in  removal  or   remedial
13             activity.
14                  (F)  A  corporate  fiduciary  that has acquired
15             ownership, operation, management, or  control  of  a
16             site  through  acceptance of a fiduciary appointment
17             unless the corporate  fiduciary  directly  causes  a
18             release  of  a  regulated  substance  resulting in a
19             removal or remedial activity.
20        (b)  In the event that the State  of  Illinois  seeks  to
21    require  a  person  who may be liable pursuant to this Act to
22    conduct remedial  activities  for  a  release  or  threatened
23    release  of  a  regulated substance, the Agency shall provide
24    notice to   such  person.   Such  notice  shall  include  the
25    necessity  to  conduct remedial action pursuant to this Title
26    and an opportunity for the person  to  perform  the  remedial
27    action.
28        (c)  In  any  instance  in  which  the  Agency has issued
29    notice pursuant to subsection  (b)    of  this  Section,  the
30    Agency  and  the  person  to  whom such notice was issued may
31    attempt to determine the costs  of  conducting  the  remedial
32    action  that  are  attributable to the releases to which such
33    person  or  any   other   person   caused   or   contributed.
34    Determinations  pursuant  to  this  Section  may  be  made in
SB348 Enrolled              -4-                LRB9002369DPcc
 1    accordance with rules promulgated by the Board.
 2        (d)  Within 18 months  of  the  effective  date  of  this
 3    amendatory Act of 1995, The Board shall adopt, not later than
 4    January  1, 1999, pursuant to Sections 27 and 28 of this Act,
 5    rules and procedures  for  determining  proportionate  share.
 6    Such  rules shall, at a minimum, provide for criteria for the
 7    determination of apportioned responsibility  based  upon  the
 8    degree  to which a person directly caused or contributed to a
 9    release of regulated substances on, in,  or  under  the  site
10    identified  and  addressed in the remedial action; procedures
11    to establish how and when such persons may  file  a  petition
12    for  determination  of  such  apportionment;  and  any  other
13    standards or procedures which the Board may adopt pursuant to
14    this Section.  In developing such rules, the Board shall take
15    into  consideration  any recommendations and proposals of the
16    Agency  and   the   Site   Remediation   Advisory   Committee
17    established in Section 58.11 of this Act and other interested
18    participants.
19        (e)  Nothing in this Section shall limit the authority of
20    the  Agency to provide notice under subsection (q) of Section
21    4 or to undertake investigative,  preventive,  or  corrective
22    action  under  any  other  applicable provisions of this Act.
23    The Director of the Agency is authorized to enter  into  such
24    contracts and agreements as may be necessary to carry out the
25    Agency's  duties  and  responsibilities under this Section as
26    expeditiously as possible.
27        (f)  This Section does not apply  to  any  cost  recovery
28    action  brought  by  the  State under Section 22.2 to recover
29    costs incurred by the State prior to July 1, 1996.
30    (Source: P.A. 89-443, eff. 7-1-96.)
31        Section 99.  Effective date.  This Act takes effect  upon
32    becoming law.

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