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| | HB1831 Engrossed | | LRB103 28077 SPS 54456 b |
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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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