HB1831 EngrossedLRB103 28077 SPS 54456 b



1 AN ACT concerning health.


2 Be it enacted by the People of the State of Illinois, 
3represented in the General Assembly: 



4 Section 5. The Environmental Protection Act is amended by 
5changing Section 57.7 as follows:

6 (415 ILCS 5/57.7)
7 Sec. 57.7. Leaking underground storage tanks; site 
8investigation 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

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

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

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

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

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

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

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

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

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,

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

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 
2contaminant" shall
mean, unless and until the Board 
3promulgates regulations to the contrary, the
following: (i) if 
4an underground storage tank contains gasoline, the indicator

5parameter shall be BTEX and Benzene; (ii) if the tank 
6contained petroleum
products consisting of middle distillate 
7or heavy ends, then the indicator
parameter shall be 
8determined by a scan of PNA's taken from the location where

9contamination is most likely to be present; and (iii) if the 
10tank contained
used oil, then the indicator contaminant shall 
11be those chemical constituents
which indicate the type of 
12petroleum stored in an underground storage tank.
All 
13references in this Title to groundwater objectives shall mean 
14Class 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

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

8 payment.
9 (f) All investigations, plans, and reports conducted or 
10prepared under
this Section shall be conducted or prepared 
11under the supervision of a
licensed professional engineer and 
12in accordance with the requirements
of this Title.
13(Source: P.A. 98-109, eff. 7-25-13.)