Public Act 093-0260
Public Act 93-0260 of the 93rd General Assembly
Public Act 93-0260
HB0910 Enrolled LRB093 05414 AMC 05504 b
AN ACT concerning environmental protection.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Environmental Protection Act is amended
by adding Section 22.3a as follows:
(415 ILCS 5/22.3a new)
Sec. 22.3a. Expedited review of hazardous waste
(a) It is the intent of this Section to promote an
expedited RCRA hazardous waste corrective action review
(b) The owner or operator of a hazardous waste facility
performing corrective action pursuant to the federal Resource
Conservation and Recovery Act of 1976 or regulations issued
thereunder, or analogous State law or regulations, may
request from the Agency an expedited review of that
corrective action. Within a reasonable time, the Agency
shall respond in writing, indicating whether the Agency will
perform expedited review.
(c) An owner or operator approved by the Agency for an
expedited review under this Section shall pay to the Agency
all reasonable costs the Agency incurs in its review of the
owner's or operator's corrective action activities (including
but not limited to investigations, monitoring, and cleanup of
releases of hazardous waste or hazardous constituents).
Prior to any Agency review, the owner or operator shall make
an advance partial payment to the Agency for anticipated
review costs in an amount acceptable to the Agency, but not
to exceed $5,000 or one-half of the total anticipated costs
of the Agency, whichever is less. All amounts paid to the
Agency pursuant to this Section shall be deposited into the
Environmental Protection Permit and Inspection Fund.
(d) The Agency's expedited review under this Section
shall include, but need not be limited to: review of the
owner's or operator's corrective action plans, reports,
documents, and associated field activities; issuance of
corrective action decision documents; and issuance of letters
certifying the completion of corrective action activities or
discrete portions thereof.
(e) The Agency may cease its expedited review under this
Section if an owner or operator fails to pay the Agency's
review costs when due.
(f) An owner or operator approved by the Agency for an
expedited review under this Section may withdraw its request
for an expedited review at any time by providing the Agency
with written notification of its withdrawal; but the owner or
operator shall be responsible to pay all expedited review
costs incurred by the Agency through the date of withdrawal.
Section 99. Effective date. This Act takes effect upon
Effective Date: 07/22/03