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| Public Act 103-0172
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| HB2901 Enrolled | LRB103 26825 CPF 53189 b |
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AN ACT concerning safety.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Environmental Protection Act is amended by |
changing Sections 58.2 and 58.7 as follows:
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(415 ILCS 5/58.2)
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Sec. 58.2. Definitions. The following words and phrases |
when used in this
Title shall have the meanings given to them |
in this Section unless the context
clearly indicates |
otherwise:
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"Agrichemical facility" means a site on which agricultural |
pesticides are
stored or handled, or both, in preparation for |
end use, or distributed. The
term does not include basic |
manufacturing facility sites.
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"ASTM" means the American Society for Testing and |
Materials.
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"Area background" means concentrations of regulated |
substances that are
consistently present in the environment in |
the vicinity of a site that are the
result of natural |
conditions or human activities, and not the result solely of
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releases at the site.
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"Brownfields site" or "brownfields" means a parcel of real |
property, or a
portion of the parcel, that has actual or |
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perceived contamination and an
active potential for |
redevelopment.
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"Class I groundwater" means groundwater that meets the |
Class I Potable
Resource groundwater criteria set forth in the |
Board rules adopted under the
Illinois Groundwater Protection |
Act.
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"Class III groundwater" means groundwater that meets the |
Class III Special
Resource Groundwater criteria set forth in |
the Board rules adopted under the
Illinois Groundwater |
Protection Act.
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"Carcinogen" means a contaminant that is classified as a |
Category A1 or A2
Carcinogen by the American Conference of |
Governmental Industrial Hygienists; or
a Category 1 or 2A/2B |
Carcinogen by the World Health Organizations
International |
Agency for Research on Cancer; or a "Human Carcinogen" or
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"Anticipated Human Carcinogen" by the United States Department |
of Health and
Human Service National Toxicological Program; or |
a Category A or B1/B2
Carcinogen by the United States |
Environmental Protection Agency in Integrated
Risk Information |
System or a Final Rule issued in a Federal Register notice by
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the USEPA as of the effective date of this amendatory Act of |
1995.
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"Licensed Professional Engineer" (LPE) means a person, |
corporation, or
partnership licensed under the laws of this |
State to practice professional
engineering.
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"Licensed Professional Geologist" means a person licensed |
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under the laws of
the State of Illinois to practice as a |
professional geologist.
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"RELPEG" means a Licensed Professional Engineer or a |
Licensed Professional
Geologist engaged in review and |
evaluation under this Title.
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"Man-made pathway" means constructed routes that may allow |
for the
transport of regulated substances including, but not |
limited to, sewers,
utility lines, utility vaults, building |
foundations, basements, crawl spaces,
drainage ditches, or |
previously excavated and filled areas.
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"Municipality" means an incorporated city, village, or |
town in this State.
"Municipality" does not mean a township, |
town when that term is used as the
equivalent of a
township, |
incorporated town that has superseded a civil township, |
county,
or school district, park district, sanitary district, |
or similar governmental
district.
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"Natural pathway" means natural routes for the transport |
of regulated
substances including, but not limited to, soil, |
groundwater, sand seams and
lenses, and gravel seams and |
lenses.
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"Person" means individual, trust, firm, joint stock |
company, joint venture,
consortium, commercial entity, |
corporation (including a government
corporation), partnership, |
association, State, municipality, commission,
political |
subdivision of a State, or any interstate body including the |
United
States Government and each department, agency, and |
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instrumentality of the
United States.
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"Regulated substance" means any hazardous substance as |
defined under Section
101(14) of the Comprehensive |
Environmental Response, Compensation, and
Liability Act of |
1980 (P.L. 96-510) and petroleum products including crude oil
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or any fraction thereof, natural gas, natural gas liquids, |
liquefied natural
gas, or synthetic gas usable for fuel (or |
mixtures of natural gas and such
synthetic gas).
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"Remedial action" means activities associated with |
compliance with the
provisions of Sections 58.6 and 58.7.
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"Remediation Applicant" (RA) means any person seeking to |
perform or
performing investigative or remedial activities |
under this Title, including an the
owner or operator of the |
site or a person persons authorized by law or consent to act
on |
behalf of or in lieu of an the owner or operator of the site.
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"Remediation costs" means reasonable costs paid for |
investigating
and remediating regulated substances of concern |
consistent with the remedy
selected for a site. |
For purposes
of Section 58.14, "remediation costs" shall |
not include costs incurred prior to
January 1, 1998, costs |
incurred after the issuance of a No Further
Remediation Letter |
under Section 58.10 of this Act, or costs incurred more than
12 |
months prior to acceptance into the Site Remediation Program. |
For the purpose of Section 58.14a, "remediation costs" do |
not include any costs incurred before January 1, 2007, any |
costs incurred after the issuance of a No Further Remediation |
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Letter under Section 58.10, or any costs incurred more than 12 |
months before acceptance into the Site Remediation Program.
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"Residential property" means any real property that is |
used for habitation by
individuals and other property uses |
defined by Board rules such as education,
health care, child |
care and related uses.
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"River Edge Redevelopment Zone" has the meaning set forth |
under the River Edge Redevelopment Zone Act.
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"Site" means any single location, place, tract of land or |
parcel of property,
or portion thereof, including contiguous |
property separated by a public
right-of-way.
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"Regulated substance of concern" means any contaminant |
that is expected to be
present at the site based upon past and |
current land uses and associated
releases that are known to |
the Remediation Applicant based upon reasonable
inquiry.
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(Source: P.A. 95-454, eff. 8-27-07.)
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(415 ILCS 5/58.7)
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Sec. 58.7. Review and approvals.
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(a) Requirements. All plans and reports that are submitted |
pursuant
to this Title shall be submitted for review or |
approval in accordance with this
Section.
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(b) Review and evaluation by the Agency.
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(1) Except for sites excluded under subdivision (a) |
(2) of Section 58.1,
the Agency shall, subject to |
available resources, agree to provide review and
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evaluation services for activities carried out pursuant to |
this Title for which
the RA requested the services in |
writing. As a condition for providing such
services, the |
Agency may require that the RA for a site:
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(A) Conform with the procedures of this Title;
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(B) Allow for or otherwise arrange site visits or |
other site
evaluation by the Agency when so requested;
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(C) Agree to perform the Remedial Action Plan as |
approved under this
Title;
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(D) Agree to pay any reasonable costs incurred and |
documented by
the Agency in providing such services;
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(E) Make an advance partial payment to the Agency |
for such
anticipated services in the an amount of |
$2,500 , acceptable to the Agency, but
not to exceed |
$5,000 or one-half of the total anticipated costs of
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the Agency, whichever sum is less; and
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(F) Demonstrate, if necessary, authority to act on |
behalf of or in lieu
of the owner or operator.
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(2) Any moneys received by the State for costs |
incurred by the
Agency in performing review or evaluation |
services for actions conducted
pursuant to this Title |
shall be deposited in the Hazardous Waste Fund.
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(3) An RA requesting services under subdivision (b) |
(1) of this Section
may, at any time, notify the Agency, in |
writing, that Agency services
previously requested are no |
longer wanted. Within 180 days after receipt of
the |
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notice, the Agency shall provide the RA with a final |
invoice for services
provided until the date of such |
notifications.
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(4) The Agency may invoice or otherwise request or |
demand payment
from a RA for costs incurred by the Agency |
in performing review or evaluation
services for actions by |
the RA at sites only if:
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(A) The Agency has incurred costs in performing |
response actions,
other than review or evaluation |
services, due to the failure of the
RA to take response |
action in accordance with a notice issued
pursuant to |
this Act;
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(B) The RA has agreed in writing to the payment of |
such costs;
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(C) The RA has been ordered to pay such costs by |
the Board or a
court of competent jurisdiction |
pursuant to this Act; or
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(D) The RA has requested or has consented to |
Agency review or
evaluation services under subdivision |
(b) (1) of this Section.
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(5) The Agency may, subject to available resources, |
agree to provide
review and evaluation services for |
response actions if there is a
written agreement among |
parties to a legal action or if a notice to
perform a |
response action has been issued by the Agency.
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(c) Review and evaluation by a RELPEG Licensed |
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Professional Engineer or Licensed
Professional Geologist. A RA |
may elect to contract with a Licensed
Professional Engineer |
or, in the case of a site investigation report only,
a Licensed |
Professional Geologist, who will perform review and evaluation
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services on behalf of and under the direction of the Agency |
relative to the
site activities.
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(1) Prior to entering into the contract with the |
RELPEG, the RA shall notify the Agency of the
RELPEG to be |
selected. The Agency and the RA shall discuss the |
potential
terms
of the contract.
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(2) At a minimum, the contract with the RELPEG shall
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provide that the
RELPEG will submit any reports directly |
to the Agency, will take
his or her
directions
for work |
assignments from the Agency, and will perform the assigned |
work on
behalf of the Agency.
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(3) Reasonable costs incurred by the Agency shall be |
paid by the RA
directly to the Agency in accordance with |
the terms of the review and
evaluation services agreement |
entered into under subdivision (b) (1) of Section
58.7.
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(4) In no event shall the RELPEG acting on behalf of |
the
Agency be an
employee of the RA or the owner or |
operator of the site or be an employee of
any other person |
the RA has contracted to provide services relative to the
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site.
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(d) Review and approval. All reviews required under this |
Title shall
be carried out by the Agency or a RELPEG contracted |
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by the RA pursuant to subsection (c) , both under the
direction |
of a Licensed Professional Engineer or, in the case of the
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review of a site investigation only, a Licensed Professional |
Geologist.
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(1) All review activities conducted by the Agency or a |
RELPEG shall be carried out in conformance with this Title |
and rules
promulgated under Section 58.11.
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(2) Subject to the limitations in subsection (c) and |
this subsection
(d), the specific plans, reports, and |
activities that the
Agency or a RELPEG may review include:
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(A) Site Investigation Reports and related |
activities;
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(B) Remediation Objectives Reports;
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(C) Remedial Action Plans and related activities; |
and
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(D) Remedial Action Completion Reports and related |
activities.
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(3) Only the Agency shall have the authority to |
approve,
disapprove, or approve with conditions a plan or |
report as a result of the
review process including those |
plans and reports reviewed by a RELPEG. If the Agency |
disapproves a plan or report or approves a plan or
report |
with conditions, the written notification required by |
subdivision (d)
(4) of this Section shall contain the |
following information, as applicable:
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(A) An explanation of the Sections of this Title |
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that may be
violated if the plan or report was |
approved;
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(B) An explanation of the provisions of the rules
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promulgated under this Title that may be violated if |
the plan or report was
approved;
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(C) An explanation of the specific type of |
information, if any,
that the Agency deems the |
applicant did not provide the Agency;
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(D) A statement of specific reasons why the Title |
and regulations
might not be met if the plan or report |
were approved; and
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(E) An explanation of the reasons for conditions |
if conditions are
required.
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(4) Upon approving, disapproving, or approving with |
conditions a
plan or report, the Agency shall notify the |
RA in writing of its decision. In
the case of approval or |
approval with conditions of a Remedial Action
Completion |
Report, the Agency shall prepare a No Further Remediation
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Letter that meets the requirements of Section 58.10 and |
send a copy of
the letter to the RA.
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(5) All reviews undertaken by the Agency or a RELPEG |
shall
be completed and
the decisions communicated to the |
RA within 60 days of the request for review
or approval of |
a single plan or report and within 90 days after the |
request for review or approval of 2 or more plans or |
reports submitted concurrently. The RA may waive the |
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deadline upon a request from the Agency. If
the Agency |
disapproves or approves with conditions a plan or report |
or fails to
issue a final decision within the applicable |
60-day or 90-day 60 day period and the RA has not agreed to |
a
waiver of the deadline, the RA may, within 35 days, file |
an appeal to the
Board. Appeals to the Board shall be in |
the manner
provided for the review of permit decisions in |
Section 40 of this Act.
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(e) Standard of review. In making determinations, the |
following
factors, and additional factors as may be adopted by |
the Board in accordance
with Section 58.11, shall be |
considered by the Agency when reviewing or
approving plans, |
reports, and related activities, or the RELPEG,
when reviewing |
plans, reports, and related activities:
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(1) Site Investigation Reports and related activities: |
Whether
investigations have been conducted and the results |
compiled in accordance with
the appropriate procedures and |
whether the interpretations and conclusions
reached are |
supported by the information gathered. In making the
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determination, the following factors shall be considered:
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(A) The adequacy of the description of the site |
and site
characteristics that were used to evaluate |
the site;
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(B) The adequacy of the investigation of potential |
pathways and risks to
receptors identified at the |
site; and
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(C) The appropriateness of the sampling and |
analysis used.
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(2) Remediation Objectives Reports: Whether the |
remediation objectives
are
consistent with the |
requirements of the applicable method for selecting or
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determining remediation objectives under Section 58.5. In |
making the
determination, the following factors shall be |
considered:
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(A) If the objectives were based on the |
determination of area
background levels under |
subsection (b) of Section 58.5, whether the review of
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current and historic conditions at or in the immediate |
vicinity of
the site has been thorough and whether the |
site sampling and
analysis has been performed in a |
manner resulting in accurate
determinations;
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(B) If the objectives were calculated on the basis |
of predetermined
equations using site specific data, |
whether the calculations were
accurately performed and |
whether the site specific data reflect
actual site |
conditions; and
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(C) If the objectives were determined using a site |
specific risk
assessment procedure, whether the |
procedure used is nationally
recognized and accepted, |
whether the calculations were
accurately performed, |
and whether the site specific data reflect
actual site |
conditions.
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(3) Remedial Action Plans and related activities: |
Whether the plan will
result in compliance with this |
Title, and rules adopted under it and
attainment of the |
applicable remediation objectives. In making the
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determination, the following factors shall be considered:
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(A) The likelihood that the plan will result in |
the attainment of
the applicable remediation |
objectives;
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(B) Whether the activities proposed are consistent |
with generally
accepted engineering practices; and
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(C) The management of risk relative to any |
remaining contamination,
including but not limited to, |
provisions for the long-term enforcement,
operation, |
and maintenance of institutional and engineering |
controls, if
relied on.
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(4) Remedial Action Completion Reports and related |
activities: Whether
the remedial activities have been |
completed in accordance with the approved
Remedial Action |
Plan and whether the applicable remediation objectives |
have
been attained.
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(f) All plans and reports submitted for review shall |
include a Licensed
Professional Engineer's certification that |
all investigations and remedial
activities were carried out |
under his or her direction and, to the best of
his or her |
knowledge and belief, the work described in the plan or report |
has
been completed in accordance with generally accepted |
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engineering practices,
and the information presented is |
accurate and complete.
In the case of
a site investigation |
report prepared or supervised by a Licensed Professional
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Geologist, the required certification may be made by the |
Licensed Professional
Geologist (rather than a Licensed |
Professional Engineer) and based upon
generally accepted |
principles of professional geology.
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(g) In accordance with Section 58.11, the Agency shall |
propose and the
Board shall adopt rules to carry out the |
purposes of this Section. At a
minimum, the rules shall detail |
the types of services the Agency may provide
in response to |
requests under subdivision (b) (1) of this Section and the
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recordkeeping it will utilize in documenting to the RA the |
costs incurred by
the Agency in providing such services.
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(h) Public participation.
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(1) The Agency shall develop guidance to assist RA's |
in the
implementation of a community relations plan to |
address activity at sites
undergoing remedial action |
pursuant to this Title.
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(2) The RA may elect to enter into a services |
agreement with the Agency
for Agency assistance in |
community outreach efforts.
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(3) The Agency shall maintain a registry listing those |
sites
undergoing remedial action pursuant to this Title.
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(4) Notwithstanding any provisions of this Section, |
the RA of a site
undergoing remedial activity pursuant to |
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this Title may elect to initiate a
community outreach |
effort for the site.
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(i) Notwithstanding any other provision of this Title, the |
Agency is not required to take action on any submission under |
this Title from or on behalf of an RA if the RA has failed to |
pay all fees due pursuant to an invoice or other request or |
demand for payment under this Title. Any deadline for Agency |
action on such a submission shall be tolled until the fees due |
are paid in full. |
(Source: P.A. 95-331, eff. 8-21-07.)
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