Bill Text: IL HB1831 | 2023-2024 | 103rd General Assembly | Engrossed
Bill Title: Amends the Environmental Protection Act. In a provision regarding leaking underground storage tanks, site investigation, and corrective action, provides that any bidding process adopted to determine the reasonableness of costs of corrective action must provide for a publicly-noticed, competitive, and sealing bidding process that includes, at least 14 days prior to the date set in the invitation for the opening of bids, public notice of the invitation for bids to be published on an electronic procurement website approved by the Environmental Protection Agency (rather than only in a local paper of general circulation for the area in which the site is located).
Spectrum: Slight Partisan Bill (Republican 7-3)
Status: (Engrossed) 2023-03-29 - Alternate Chief Sponsor Changed to Sen. Seth Lewis [HB1831 Detail]
Download: Illinois-2023-HB1831-Engrossed.html
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1 | AN ACT concerning health.
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2 | Be it enacted by the People of the State of Illinois, | ||||||
3 | represented in the General Assembly:
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4 | Section 5. The Environmental Protection Act is amended by | ||||||
5 | changing Section 57.7 as follows:
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6 | (415 ILCS 5/57.7) | ||||||
7 | Sec. 57.7. Leaking underground storage tanks; site | ||||||
8 | investigation and
corrective action. | ||||||
9 | (a) Site investigation. | ||||||
10 | (1) For any site investigation activities required by | ||||||
11 | statute or rule,
the owner or operator shall submit to the | ||||||
12 | Agency for approval a site
investigation plan designed to | ||||||
13 | determine the nature, concentration, direction
of | ||||||
14 | movement, rate of movement, and extent of the | ||||||
15 | contamination as well as the
significant physical features | ||||||
16 | of the site and surrounding area that may affect
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17 | contaminant transport and risk to human health and safety | ||||||
18 | and the environment. | ||||||
19 | (2) Any owner or operator intending to seek payment | ||||||
20 | from the Fund shall
submit to the Agency for approval a | ||||||
21 | site investigation budget that includes,
but is not | ||||||
22 | limited to, an accounting of all costs associated with the
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23 | implementation and completion of the site investigation |
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1 | plan. | ||||||
2 | (3) Remediation objectives for the applicable | ||||||
3 | indicator contaminants
shall be determined using the | ||||||
4 | tiered approach to corrective action objectives
rules | ||||||
5 | adopted by the Board pursuant to this Title and Title XVII | ||||||
6 | of this Act.
For the purposes of this Title, "Contaminant | ||||||
7 | of Concern" or "Regulated
Substance of Concern" in the | ||||||
8 | rules means the applicable indicator contaminants
set | ||||||
9 | forth in subsection (d) of this Section and the rules | ||||||
10 | adopted thereunder. | ||||||
11 | (4) Upon the Agency's approval of a site investigation | ||||||
12 | plan, or as
otherwise directed by the Agency, the owner or | ||||||
13 | operator shall conduct a site
investigation in accordance | ||||||
14 | with the plan. | ||||||
15 | (5) Within 30 days after completing the site | ||||||
16 | investigation, the owner
or operator shall submit to the | ||||||
17 | Agency for approval a site investigation
completion | ||||||
18 | report. At a minimum the report shall include all of the | ||||||
19 | following: | ||||||
20 | (A) Executive summary. | ||||||
21 | (B) Site history. | ||||||
22 | (C) Site-specific sampling methods and results. | ||||||
23 | (D) Documentation of all field activities, | ||||||
24 | including quality assurance. | ||||||
25 | (E) Documentation regarding the development of | ||||||
26 | proposed remediation
objectives. |
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1 | (F) Interpretation of results. | ||||||
2 | (G) Conclusions. | ||||||
3 | (b) Corrective action. | ||||||
4 | (1) If the site investigation confirms none of the | ||||||
5 | applicable indicator
contaminants exceed the proposed | ||||||
6 | remediation objectives, within 30 days after
completing | ||||||
7 | the site investigation the owner or operator shall submit | ||||||
8 | to the
Agency for approval a corrective action completion | ||||||
9 | report in accordance with
this Section. | ||||||
10 | (2) If any of the applicable indicator contaminants | ||||||
11 | exceed the
remediation objectives approved for the site, | ||||||
12 | within 30 days after the Agency
approves the site | ||||||
13 | investigation completion report the owner or operator | ||||||
14 | shall
submit to the Agency for approval a corrective | ||||||
15 | action plan designed to mitigate
any threat to human | ||||||
16 | health, human safety, or the environment resulting from | ||||||
17 | the
underground storage tank release. The plan shall | ||||||
18 | describe the selected remedy
and evaluate its ability and | ||||||
19 | effectiveness to achieve the remediation
objectives | ||||||
20 | approved for the site. At a minimum, the report shall | ||||||
21 | include all
of the following: | ||||||
22 | (A) Executive summary. | ||||||
23 | (B) Statement of remediation objectives. | ||||||
24 | (C) Remedial technologies selected. | ||||||
25 | (D) Confirmation sampling plan. | ||||||
26 | (E) Current and projected future use of the |
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1 | property. | ||||||
2 | (F) Applicable preventive, engineering, and | ||||||
3 | institutional controls
including long-term | ||||||
4 | reliability, operating, and maintenance plans, and
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5 | monitoring procedures. | ||||||
6 | (G) A schedule for implementation and completion | ||||||
7 | of the plan. | ||||||
8 | (3) Any owner or operator intending to seek payment | ||||||
9 | from the Fund shall
submit to the Agency for approval a | ||||||
10 | corrective action budget that includes,
but is not limited | ||||||
11 | to, an accounting of all costs associated with the
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12 | implementation and completion of the corrective action | ||||||
13 | plan. | ||||||
14 | (4) Upon the Agency's approval of a corrective action | ||||||
15 | plan, or as
otherwise directed by the Agency, the owner or | ||||||
16 | operator shall proceed with
corrective action in | ||||||
17 | accordance with the plan. | ||||||
18 | (5) Within 30 days after the completion of a | ||||||
19 | corrective action plan that
achieves applicable | ||||||
20 | remediation objectives the owner or operator shall submit
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21 | to the Agency for approval a corrective action completion | ||||||
22 | report. The report
shall demonstrate whether corrective | ||||||
23 | action was completed in accordance with
the approved | ||||||
24 | corrective action plan and whether the remediation | ||||||
25 | objectives
approved for the site, as well as any other | ||||||
26 | requirements of the plan, have
been achieved. |
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1 | (6) If within 4 years after the approval of any | ||||||
2 | corrective action plan
the applicable remediation | ||||||
3 | objectives have not been achieved and the owner or
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4 | operator has not submitted a corrective action completion | ||||||
5 | report, the owner or
operator must submit a status report | ||||||
6 | for Agency review. The status report must
include, but is | ||||||
7 | not limited to, a description of the remediation | ||||||
8 | activities
taken to date, the effectiveness of the method | ||||||
9 | of remediation being used, the
likelihood of meeting the | ||||||
10 | applicable remediation objectives using the current
method | ||||||
11 | of remediation, and the date the applicable remediation | ||||||
12 | objectives are
expected to be achieved. | ||||||
13 | (7) If the Agency determines any approved corrective | ||||||
14 | action plan will
not achieve applicable remediation | ||||||
15 | objectives within a reasonable time, based
upon the method | ||||||
16 | of remediation and site specific circumstances, the Agency | ||||||
17 | may
require the owner or operator to submit to the Agency | ||||||
18 | for approval a revised
corrective action plan. If the | ||||||
19 | owner or operator intends to seek payment from
the Fund, | ||||||
20 | the owner or operator must also submit a revised budget. | ||||||
21 | (c) Agency review and approval. | ||||||
22 | (1) Agency approval of any plan and associated budget, | ||||||
23 | as described in
this subsection (c), shall be considered | ||||||
24 | final approval for purposes of
seeking and obtaining | ||||||
25 | payment from the Underground Storage Tank Fund if the
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26 | costs associated with the completion of any such plan are |
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1 | less than or equal
to the amounts approved in such budget. | ||||||
2 | (2) In the event the Agency fails to approve, | ||||||
3 | disapprove, or modify any
plan or report submitted | ||||||
4 | pursuant to this Title in writing within 120 days
of the | ||||||
5 | receipt by the Agency, the plan or report shall be | ||||||
6 | considered to be
rejected by operation of law for purposes | ||||||
7 | of this Title and rejected for
purposes of payment from | ||||||
8 | the Underground Storage Tank Fund. | ||||||
9 | (A) For purposes of those plans as identified in | ||||||
10 | paragraph (5) of this
subsection (c), the Agency's | ||||||
11 | review may be an audit procedure. Such review or
audit | ||||||
12 | shall be consistent with the procedure for such review | ||||||
13 | or audit as
promulgated by the Board under Section | ||||||
14 | 57.14. The Agency has the authority to
establish an | ||||||
15 | auditing program to verify compliance of such plans | ||||||
16 | with the
provisions of this Title. | ||||||
17 | (B) For purposes of corrective action plans | ||||||
18 | submitted pursuant to
subsection (b) of this Section | ||||||
19 | for which payment from the Fund is not being
sought, | ||||||
20 | the Agency need not take action on such plan until 120 | ||||||
21 | days after it
receives the corrective action | ||||||
22 | completion report required under subsection (b)
of | ||||||
23 | this Section. In the event the Agency approved the | ||||||
24 | plan, it shall proceed
under the provisions of this | ||||||
25 | subsection (c). | ||||||
26 | (3) In approving any plan submitted pursuant to |
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1 | subsection (a) or (b)
of this Section, the Agency shall | ||||||
2 | determine, by a procedure promulgated by
the Board under | ||||||
3 | Section 57.14, that the costs associated with the plan are
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4 | reasonable, will be incurred in the performance of site | ||||||
5 | investigation or
corrective action, and will not be used | ||||||
6 | for site investigation or corrective
action activities in | ||||||
7 | excess of those required to meet the minimum requirements
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8 | of this Title. The Agency shall also determine, pursuant | ||||||
9 | to the Project Labor Agreements Act, whether the | ||||||
10 | corrective action shall include a project labor agreement | ||||||
11 | if payment from the Underground Storage Tank Fund is to be | ||||||
12 | requested. | ||||||
13 | (A) For purposes of payment from the Fund, | ||||||
14 | corrective action activities required to meet the | ||||||
15 | minimum requirements of this Title shall include, but | ||||||
16 | not be limited to, the following use of the Board's | ||||||
17 | Tiered Approach to Corrective Action Objectives rules | ||||||
18 | adopted under Title XVII of this Act: | ||||||
19 | (i) For the site where the release occurred, | ||||||
20 | the use of Tier 2 remediation objectives that are | ||||||
21 | no more stringent than Tier 1 remediation | ||||||
22 | objectives. | ||||||
23 | (ii) The use of industrial/commercial property | ||||||
24 | remediation objectives, unless the owner or | ||||||
25 | operator demonstrates that the property being | ||||||
26 | remediated is residential property or being |
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1 | developed into residential property. | ||||||
2 | (iii) The use of groundwater ordinances as | ||||||
3 | institutional controls in accordance with Board | ||||||
4 | rules. | ||||||
5 | (iv) The use of on-site groundwater use | ||||||
6 | restrictions as institutional controls in | ||||||
7 | accordance with Board rules. | ||||||
8 | (B) Any bidding process adopted under Board rules | ||||||
9 | to determine the reasonableness of costs of corrective | ||||||
10 | action must provide for a publicly-noticed, | ||||||
11 | competitive, and sealed bidding process that includes, | ||||||
12 | at a minimum, the following: | ||||||
13 | (i) The owner or operator must issue | ||||||
14 | invitations for bids that include, at a minimum, a | ||||||
15 | description of the work being bid and applicable | ||||||
16 | contractual terms and conditions. The criteria on | ||||||
17 | which the bids will be evaluated must be set forth | ||||||
18 | in the invitation for bids. The criteria may | ||||||
19 | include, but shall not be limited to, criteria for | ||||||
20 | determining acceptability, such as inspection, | ||||||
21 | testing, quality, workmanship, delivery, and | ||||||
22 | suitability for a particular purpose. Criteria | ||||||
23 | that will affect the bid price and be considered | ||||||
24 | in the evaluation of a bid, such as discounts, | ||||||
25 | shall be objectively measurable. | ||||||
26 | (ii) At least 14 days prior to the date set in |
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1 | the invitation for the opening of bids, public | ||||||
2 | notice of the invitation for bids must be | ||||||
3 | published in a local paper of general circulation | ||||||
4 | for the area in which the site is located or on an | ||||||
5 | electronic procurement website approved by the | ||||||
6 | Agency . | ||||||
7 | (iii) Bids must be opened publicly in the | ||||||
8 | presence of one or more witnesses at the time and | ||||||
9 | place designated in the invitation for bids. The | ||||||
10 | name of each bidder, the amount of each bid, and | ||||||
11 | other relevant information as specified in Board | ||||||
12 | rules must be recorded and submitted to the Agency | ||||||
13 | in the applicable budget. After selection of the | ||||||
14 | winning bid, the winning bid and the record of | ||||||
15 | each unsuccessful bid shall be open to public | ||||||
16 | inspection. | ||||||
17 | (iv) Bids must be unconditionally accepted | ||||||
18 | without alteration or correction. Bids must be | ||||||
19 | evaluated based on the requirements set forth in | ||||||
20 | the invitation for bids, which may include | ||||||
21 | criteria for determining acceptability, such as | ||||||
22 | inspection, testing, quality, workmanship, | ||||||
23 | delivery, and suitability for a particular | ||||||
24 | purpose. Criteria that will affect the bid price | ||||||
25 | and be considered in the evaluation of a bid, such | ||||||
26 | as discounts, shall be objectively measurable. The |
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1 | invitation for bids shall set forth the evaluation | ||||||
2 | criteria to be used. | ||||||
3 | (v) Correction or withdrawal of inadvertently | ||||||
4 | erroneous bids before or after selection of the | ||||||
5 | winning bid, or cancellation of winning bids based | ||||||
6 | on bid mistakes, shall be allowed in accordance | ||||||
7 | with Board rules. After bid opening, no changes in | ||||||
8 | bid prices or other provisions of bids prejudicial | ||||||
9 | to the owner or operator or fair competition shall | ||||||
10 | be allowed. All decisions to allow the correction | ||||||
11 | or withdrawal of bids based on bid mistakes shall | ||||||
12 | be supported by a written determination made by | ||||||
13 | the owner or operator. | ||||||
14 | (vi) The owner or operator shall select the | ||||||
15 | winning bid with reasonable promptness by written | ||||||
16 | notice to the lowest responsible and responsive | ||||||
17 | bidder whose bid meets the requirements and | ||||||
18 | criteria set forth in the invitation for bids. The | ||||||
19 | winning bid and other relevant information as | ||||||
20 | specified in Board rules must be recorded and | ||||||
21 | submitted to the Agency in the applicable budget. | ||||||
22 | (vii) All bidding documentation must be | ||||||
23 | retained by the owner or operator for a minimum of | ||||||
24 | 3 years after the costs bid are submitted in an | ||||||
25 | application for payment, except that documentation | ||||||
26 | relating to an appeal, litigation, or other |
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1 | disputed claim must be maintained until at least 3 | ||||||
2 | years after the date of the final disposition of | ||||||
3 | the appeal, litigation, or other disputed claim. | ||||||
4 | All bidding documentation must be made available | ||||||
5 | to the Agency for inspection and copying during | ||||||
6 | normal business hours. | ||||||
7 | (C) Any bidding process adopted under Board rules | ||||||
8 | to determine the reasonableness of costs of corrective | ||||||
9 | action shall (i) be optional and (ii) allow bidding | ||||||
10 | only if the owner or operator demonstrates that | ||||||
11 | corrective action cannot be performed for amounts less | ||||||
12 | than or equal to maximum payment amounts adopted by | ||||||
13 | the Board. | ||||||
14 | (4) For any plan or report received after June 24,
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15 | 2002, any action by the Agency to disapprove or modify a | ||||||
16 | plan submitted
pursuant to this Title shall be provided to | ||||||
17 | the owner or operator in writing
within 120 days of the | ||||||
18 | receipt by the Agency or, in the case of a site
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19 | investigation plan or corrective action plan for which | ||||||
20 | payment is not being
sought, within 120 days of receipt of | ||||||
21 | the site investigation completion report
or corrective | ||||||
22 | action completion report, respectively, and shall be | ||||||
23 | accompanied
by: | ||||||
24 | (A) an explanation of the Sections of this Act | ||||||
25 | which may be violated
if the plans were approved; | ||||||
26 | (B) an explanation of the provisions of the |
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1 | regulations, promulgated
under this Act, which may be | ||||||
2 | violated if the plan were approved; | ||||||
3 | (C) an explanation of the specific type of | ||||||
4 | information, if any,
which the Agency deems the | ||||||
5 | applicant did not provide the Agency; and | ||||||
6 | (D) a statement of specific reasons why the Act | ||||||
7 | and the regulations
might not be met if the plan were | ||||||
8 | approved. | ||||||
9 | Any action by the Agency to disapprove or modify a | ||||||
10 | plan or report or
the rejection of any plan or report by | ||||||
11 | operation of law shall be subject
to appeal to the Board in | ||||||
12 | accordance with the procedures of Section 40. If
the owner | ||||||
13 | or operator elects to incorporate modifications required | ||||||
14 | by the
Agency rather than appeal, an amended plan shall be | ||||||
15 | submitted to the Agency
within 35 days of receipt of the | ||||||
16 | Agency's written notification. | ||||||
17 | (5) For purposes of this Title, the term "plan" shall | ||||||
18 | include: | ||||||
19 | (A) Any site investigation plan submitted pursuant | ||||||
20 | to subsection (a)
of this Section; | ||||||
21 | (B) Any site investigation budget submitted | ||||||
22 | pursuant to subsection (a)
of this Section; | ||||||
23 | (C) Any corrective action plan submitted pursuant | ||||||
24 | to
subsection (b) of this Section; or | ||||||
25 | (D) Any corrective action plan budget submitted | ||||||
26 | pursuant to
subsection (b) of this Section. |
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1 | (d) For purposes of this Title, the term "indicator | ||||||
2 | contaminant" shall
mean, unless and until the Board | ||||||
3 | promulgates regulations to the contrary, the
following: (i) if | ||||||
4 | an underground storage tank contains gasoline, the indicator
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5 | parameter shall be BTEX and Benzene; (ii) if the tank | ||||||
6 | contained petroleum
products consisting of middle distillate | ||||||
7 | or heavy ends, then the indicator
parameter shall be | ||||||
8 | determined by a scan of PNA's taken from the location where
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9 | contamination is most likely to be present; and (iii) if the | ||||||
10 | tank contained
used oil, then the indicator contaminant shall | ||||||
11 | be those chemical constituents
which indicate the type of | ||||||
12 | petroleum stored in an underground storage tank.
All | ||||||
13 | references in this Title to groundwater objectives shall mean | ||||||
14 | Class I
groundwater standards or objectives as applicable. | ||||||
15 | (e) (1) Notwithstanding the provisions of this Section, an | ||||||
16 | owner or
operator may proceed to conduct site | ||||||
17 | investigation or corrective action prior
to the submittal | ||||||
18 | or approval of an otherwise required plan. If the owner or
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19 | operator elects to so proceed, an applicable plan shall be | ||||||
20 | filed with the
Agency at any time. Such plan shall detail | ||||||
21 | the steps taken to determine the
type of site | ||||||
22 | investigation or corrective action which was necessary at | ||||||
23 | the site
along with the site investigation or corrective | ||||||
24 | action taken or to be taken, in
addition to costs | ||||||
25 | associated with activities to date and anticipated costs. | ||||||
26 | (2) Upon receipt of a plan submitted after activities |
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1 | have commenced at a
site, the Agency shall proceed to | ||||||
2 | review in the same manner as required under
this Title. In | ||||||
3 | the event the Agency disapproves all or part of the costs, | ||||||
4 | the
owner or operator may appeal such decision to the | ||||||
5 | Board. The owner or operator
shall not be eligible to be | ||||||
6 | reimbursed for such disapproved costs unless and
until the | ||||||
7 | Board determines that such costs were eligible for
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8 | payment. | ||||||
9 | (f) All investigations, plans, and reports conducted or | ||||||
10 | prepared under
this Section shall be conducted or prepared | ||||||
11 | under the supervision of a
licensed professional engineer and | ||||||
12 | in accordance with the requirements
of this Title. | ||||||
13 | (Source: P.A. 98-109, eff. 7-25-13.)
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