State of Illinois
90th General Assembly

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      415 ILCS 5/22.2a          from Ch. 111 1/2, par. 1022.2a
          Amends  the  Environmental  Protection  Act   to   delete
      restrictions   on  the  State's  discretion  to  reach  final
      settlements with certain potentially responsible  parties  in
      actions  concerning  the hazardous waste liability provisions
      of the Act. Effective immediately.
 1        AN ACT to  amend  the  Environmental  Protection  Act  by
 2    changing Section 22.2a.
 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 22.2a as follows:
 7        (415 ILCS 5/22.2a) (from Ch. 111 1/2, par. 1022.2a)
 8        Sec. 22.2a.  Settlement; covenant not to sue.
 9        (a)  Whenever practicable and in the public interest, the
10    State  of  Illinois  shall  reach  a  final settlement with a
11    potentially responsible party  in  an  administrative  action
12    brought  before  the Board or a civil action brought before a
13    court to establish liability and recover response costs under
14    Section 22.2 if such settlement involves only a minor portion
15    of the response costs at the facility concerned and,  in  the
16    judgment  of  the State of Illinois, the conditions in either
17    of the following subparagraphs (1) or (2) are met:
18        (1)  Both (i) the  amount  of  the  hazardous  substances
19    contributed by that party to the facility, and (ii) the toxic
20    or  other  hazardous effects of the substances contributed by
21    that party to the facility, are minimal in comparison to  the
22    other hazardous substances at the facility.
23        (2)  The  potentially  responsible party (i) is the owner
24    of the real property on or in which the facility is  located;
25    (ii)    did   not   conduct   or   permit   the   generation,
26    transportation,  storage,  treatment,  or  disposal  of   any
27    hazardous substance at the facility; (iii) did not contribute
28    to  the release or threat of release of a hazardous substance
29    at the facility through any action or omission; and (iv)  did
30    not  purchase  the  real property with actual or constructive
31    knowledge that the property  was  used  for  the  generation,
                            -2-                LRB9003020DPsb
 1    transportation,   storage,  treatment,  or  disposal  of  any
 2    hazardous substance.
 3        (b)  The State of Illinois may provide a covenant not  to
 4    sue  with  respect to the facility concerned to any party who
 5    has entered into a settlement under this Section unless  such
 6    a covenant would be inconsistent with the public interest.
 7        A  party  which  has  resolved its liability to the State
 8    through a settlement under this Section shall not  be  liable
 9    for  claims  for  contribution regarding matters addressed in
10    the settlement.  Such a settlement does not discharge any  of
11    the other potentially responsible parties unless its terms so
12    provide, but it shall reduce the total potential liability of
13    the  other  potentially  responsible parties by the amount of
14    the settlement.
15        (c)  Nothing in this Section shall be construed to affect
16    the authority of the State to reach  other  settlements  with
17    other potentially responsible parties.
18    (Source: P.A. 86-679.)
19        Section  99.  Effective date.  This Act takes effect upon
20    becoming law.

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