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| Public Act 103-0028
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| HB2278 Enrolled | LRB103 25655 LNS 52004 b |
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AN ACT concerning civil law.
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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 Uniform Environmental Covenants Act is |
amended by changing Section 2 as follows:
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(765 ILCS 122/2)
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Sec. 2. Definitions. In this Act: |
"Activity and use limitations" means restrictions or |
obligations created under this Act with respect to real |
property.
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"Agency" means the Illinois Environmental Protection |
Agency or any other State or federal agency that determines or |
approves the environmental response project pursuant to which |
the environmental covenant is created. |
"Board" means the Pollution Control Board established by |
the Environmental Protection Act. |
"Common interest community" means a condominium, |
cooperative, or other real property with respect to which a |
person, by virtue of the person's ownership of a parcel of real |
property, is obligated to pay property taxes or insurance |
premiums, or for maintenance, or improvement of other real |
property described in a recorded covenant that creates the |
common interest community. |
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"Environmental covenant" means a servitude that (i) arises |
under an environmental response project or under a court or |
Board order and (ii) imposes activity and use limitations. |
"Environmental response project" means a plan or work that |
is: |
(1) approved or overseen by an agency; and |
(2) performed or conducted to clean up, remediate, |
eliminate, investigate, minimize, mitigate, or prevent the |
release or threatened release of contaminants affecting |
real property in order to protect public health or welfare |
or the environment, including, but not limited to for |
environmental remediation of any site or facility in |
response to contamination at any one or more of the |
following sites or facilities: |
(A) under a federal or State program governing |
environmental remediation of real property, including, |
but not limited to, programs under the Comprehensive |
Environmental Response, Compensation and Liability Act |
of 1980, as amended (42 U.S.C. 9601 et seq.), the |
Resource Conservation and Recovery Act of 1976, as |
amended (42 U.S.C. 6901 et seq.), the Environmental |
Protection Act, or any rule or regulation adopted |
thereunder sites or facilities that are listed as |
proposed or final on the National Priorities List |
pursuant to Section 105 of the Comprehensive |
Environmental Response, Compensation and Liability Act |
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of 1980, as amended (42 U.S.C. 9601 et seq.); |
(B) incident to the closure of a solid or |
hazardous waste management unit, if the closure is |
conducted with the approval of an agency sites or |
facilities undergoing remediation pursuant to an |
administrative order issued pursuant to Section 106 of |
the Comprehensive Environmental Response, Compensation |
and Liability Act of 1980, as amended (42 U.S.C. 9601 |
et seq.); |
(C) under a State voluntary clean-up program |
authorized under the Environmental Protection Act or |
any rule adopted thereunder sites or facilities that |
are or were formerly owned or operated by a |
department, agency, or instrumentality of the United |
States that are undergoing remediation pursuant to |
Section 120 of the Comprehensive Environmental |
Response, Compensation and Liability Act of 1980, as |
amended (42 U.S.C. 9601 et seq.); |
(D) (blank) sites or facilities undergoing |
remediation pursuant to a settlement agreement |
pursuant to Section 122 of the Comprehensive |
Environmental Response, Compensation and Liability Act |
of 1980, as amended (42 U.S.C. 9601 et seq.); |
(E) (blank) sites or facilities undergoing |
remediation pursuant to Section 3008(h) of the |
Resource Conservation and Recovery Act of 1976 (42 |
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U.S.C. 6901 et seq.); |
(F) (blank) sites or facilities undergoing |
remediation pursuant to Section 7003 of the Resource |
Conservation and Recovery Act of 1976 (42 U.S.C. 6901 |
et seq.); |
(G) (blank) sites or facilities undergoing |
remediation pursuant to a court or Board order issued |
pursuant to the Illinois Environmental Protection Act |
(415 ILCS 5/1 et seq.) with the approval of the Agency; |
or |
(H) (blank) sites or facilities undergoing |
remediation pursuant to a Compliance Commitment |
Agreement entered into under Section 31 of the |
Environmental Protection Act. |
"Holder" means the grantee of an environmental covenant as |
specified in Section 3(a). |
"Person" means an individual, corporation, business trust, |
estate, trust, partnership, limited liability company, |
association, joint venture, public corporation, government, |
governmental subdivision, agency, or instrumentality, or any |
other legal or commercial entity. |
"Prior interest" means a preceding or senior interest, in |
time or in right, that is recorded with respect to the real |
property, including but not limited to a mortgage, easement, |
or other interest, lien, or encumbrance predating the |
recording of an environmental covenant. |
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"Record", used as a noun, means information that is |
inscribed on a tangible medium or that is stored in an |
electronic or other medium and is retrievable in perceivable |
form. |
"State" means a state of the United States, the District |
of Columbia, Puerto Rico, the United States Virgin Islands, or |
any territory or insular possession subject to the |
jurisdiction of the United States.
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(Source: P.A. 99-396, eff. 8-18-15.)
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