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90_SB0695
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.
LRB9003020DPsb
LRB9003020DPsb
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.