Bill Text: IL SB1676 | 2009-2010 | 96th General Assembly | Introduced

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Bill Title: Amends a Section of the Environmental Protection Act involving Petroleum Underground Storage Tanks. Provides that site investigation completion reports must be made available, upon request, to any person with an ownership interest in a remediation site or the property on which the remediation site is located. Makes changes to the remediation process, including requiring public hearings, when remediation objectives have not been achieved within the specified time period. Provides that if all applicable remediation objectives have not been achieved at a site within 10 years after completion of the site investigation, the Agency, in collaboration with the Board, must hold a public hearing to determine whether the responsible owner or operator will either (i) pay the Agency to conduct the proper corrective action or (ii) purchase the site from the current site owner for the site's fair market value. Effective immediately.

Sponsorship: Partisan Bill (Republican 1)

Status: (Introduced - Dead) 2009-03-13 - Rule 3-9(a) / Re-referred to Assignments [SB1676 Detail]

Download: Illinois-2009-SB1676-Introduced.html

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96TH GENERAL ASSEMBLY State of Illinois 2009 and 2010 SB1676 Introduced 2/19/2009, by Sen. Matt Murphy SYNOPSIS AS INTRODUCED:
415 ILCS 5/57.7
Amends a Section of the Environmental Protection Act involving Petroleum Underground Storage Tanks. Provides that site investigation completion reports must be made available, upon request, to any person with an ownership interest in a remediation site or the property on which the remediation site is located. Makes changes to the remediation process, including requiring public hearings, when remediation objectives have not been achieved within the specified time period. Provides that if all applicable remediation objectives have not been achieved at a site within 10 years after completion of the site investigation, the Agency, in collaboration with the Board, must hold a public hearing to determine whether the responsible owner or operator will either (i) pay the Agency to conduct the proper corrective action or (ii) purchase the site from the current site owner for the site's fair market value. Effective immediately.
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FISCAL NOTE ACT MAY APPLY
A BILL FOR
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AN ACT concerning safety.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Environmental Protection Act is amended by
changing Section 57.7 as follows:
(415 ILCS 5/57.7)
Sec. 57.7. Leaking underground storage tanks; site
investigation and corrective action.
(a) Site investigation.
(1) For any site investigation activities required by
statute or rule, the owner or operator shall submit to the
Agency for approval a site investigation plan designed to
determine the nature, concentration, direction of
movement, rate of movement, and extent of the contamination
as well as the significant physical features of the site
and surrounding area that may affect contaminant transport
and risk to human health and safety and the environment.
(2) Any owner or operator intending to seek payment
from the Fund shall submit to the Agency for approval a
site investigation budget that includes, but is not limited
to, an accounting of all costs associated with the
implementation and completion of the site investigation
plan.

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(3) Remediation objectives for the applicable
indicator contaminants shall be determined using the
tiered approach to corrective action objectives rules
adopted by the Board pursuant to this Title and Title XVII
of this Act. For the purposes of this Title, "Contaminant
of Concern" or "Regulated Substance of Concern" in the
rules means the applicable indicator contaminants set
forth in subsection (d) of this Section and the rules
adopted thereunder.
(4) Upon the Agency's approval of a site investigation
plan, or as otherwise directed by the Agency, the owner or
operator shall conduct a site investigation in accordance
with the plan.
(5) Within 30 days after completing the site
investigation, the owner or operator shall submit to the
Agency for approval a site investigation completion
report. At a minimum the report shall include all of the
following:
(A) Executive summary.
(B) Site history.
(C) Site-specific sampling methods and results.
(D) Documentation of all field activities,
including quality assurance.
(E) Documentation regarding the development of
proposed remediation objectives.
(F) Interpretation of results.

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(G) Conclusions.
(6) Any report submitted to the Agency under this
Section must be made available, upon request, to any person
with an ownership interest in the site or the property on
which the site is located. For the purpose of this
subsection (a), "ownership interest" has the same meaning
as provided in Section 21-285 of the Property Tax Code.
(b) Corrective action.
(1) If the site investigation confirms none of the
applicable indicator contaminants exceed the proposed
remediation objectives, within 30 days after completing
the site investigation the owner or operator shall submit
to the Agency for approval a corrective action completion
report in accordance with this Section.
(2) If any of the applicable indicator contaminants
exceed the remediation objectives approved for the site,
within 30 days after the Agency approves the site
investigation completion report the owner or operator
shall submit to the Agency for approval a corrective action
plan designed to mitigate any threat to human health, human
safety, or the environment resulting from the underground
storage tank release. The plan shall describe the selected
remedy and evaluate its ability and effectiveness to
achieve the remediation objectives approved for the site.
At a minimum, the report shall include all of the
following:

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(A) Executive summary.
(B) Statement of remediation objectives.
(C) Remedial technologies selected.
(D) Confirmation sampling plan.
(E) Current and projected future use of the
property.
(F) Applicable preventive, engineering, and
institutional controls including long-term
reliability, operating, and maintenance plans, and
monitoring procedures.
(G) A schedule for implementation and completion
of the plan.
(3) Any owner or operator intending to seek payment
from the Fund shall submit to the Agency for approval a
corrective action budget that includes, but is not limited
to, an accounting of all costs associated with the
implementation and completion of the corrective action
plan.
(4) Upon the Agency's approval of a corrective action
plan, or as otherwise directed by the Agency, the owner or
operator shall proceed with corrective action in
accordance with the plan.
(5) Within 30 days after the completion of a corrective
action plan that achieves applicable remediation
objectives the owner or operator shall submit to the Agency
for approval a corrective action completion report. The

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report shall demonstrate whether corrective action was
completed in accordance with the approved corrective
action plan and whether the remediation objectives
approved for the site, as well as any other requirements of
the plan, have been achieved.
(6) If within 4 years after the approval of any
corrective action plan the applicable remediation
objectives have not been achieved and the owner or operator
has not submitted a corrective action completion report,
the owner or operator must submit a status report for
Agency review. The status report must include, but is not
limited to, a description of the remediation activities
taken to date, the effectiveness of the method of
remediation being used, the likelihood of meeting the
applicable remediation objectives using the current method
of remediation, and the date the applicable remediation
objectives are expected to be achieved. The status report
must be evaluated by the Agency and made available to the
public on the Agency's Internet website no less than 30
days before a public hearing is held to determine whether
the owner or operator may continue remediation efforts
under the current corrective action plan for the site. Any
public hearing conducted under this item (6) must be held
in the municipality nearest the remediation site.
(7) If the Agency determines any approved corrective
action plan will not achieve applicable remediation

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objectives within a reasonable time, based upon the method
of remediation and site specific circumstances, the Agency
may require the owner or operator to submit to the Agency
for approval a revised corrective action plan. If the owner
or operator intends to seek payment from the Fund, the
owner or operator must also submit a revised budget.
(8) If all applicable remediation objectives have not
been achieved at a site within 10 years after completion of
the site investigation, the Agency, in collaboration with
the Board, must hold a public hearing to determine whether
the responsible owner or operator will either (i) pay the
Agency to conduct the proper corrective action or (ii)
purchase the site from the current site owner for the
site's fair market value. If the Agency proceeds under item
(i), the Agency must complete the proper corrective action
within 2 years after the public hearing under this
paragraph.
(c) Agency review and approval.
(1) Agency approval of any plan and associated budget,
as described in this subsection (c), shall be considered
final approval for purposes of seeking and obtaining
payment from the Underground Storage Tank Fund if the costs
associated with the completion of any such plan are less
than or equal to the amounts approved in such budget.
(2) In the event the Agency fails to approve,
disapprove, or modify any plan or report submitted pursuant

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to this Title in writing within 120 days of the receipt by
the Agency, the plan or report shall be considered to be
rejected by operation of law for purposes of this Title and
rejected for purposes of payment from the Underground
Storage Tank Fund.
(A) For purposes of those plans as identified in
paragraph (5) of this subsection (c), the Agency's
review may be an audit procedure. Such review or audit
shall be consistent with the procedure for such review
or audit as promulgated by the Board under Section
57.14. The Agency has the authority to establish an
auditing program to verify compliance of such plans
with the provisions of this Title.
(B) For purposes of corrective action plans
submitted pursuant to subsection (b) of this Section
for which payment from the Fund is not being sought,
the Agency need not take action on such plan until 120
days after it receives the corrective action
completion report required under subsection (b) of
this Section. In the event the Agency approved the
plan, it shall proceed under the provisions of this
subsection (c).
(3) In approving any plan submitted pursuant to
subsection (a) or (b) of this Section, the Agency shall
determine, by a procedure promulgated by the Board under
Section 57.14, that the costs associated with the plan are

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reasonable, will be incurred in the performance of site
investigation or corrective action, and will not be used
for site investigation or corrective action activities in
excess of those required to meet the minimum requirements
of this Title.
(4) For any plan or report received after June 24,
2002, any action by the Agency to disapprove or modify a
plan submitted pursuant to this Title shall be provided to
the owner or operator in writing within 120 days of the
receipt by the Agency or, in the case of a site
investigation plan or corrective action plan for which
payment is not being sought, within 120 days of receipt of
the site investigation completion report or corrective
action completion report, respectively, and shall be
accompanied by:
(A) an explanation of the Sections of this Act
which may be violated if the plans were approved;
(B) an explanation of the provisions of the
regulations, promulgated under this Act, which may be
violated if the plan were approved;
(C) an explanation of the specific type of
information, if any, which the Agency deems the
applicant did not provide the Agency; and
(D) a statement of specific reasons why the Act and
the regulations might not be met if the plan were
approved.

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Any action by the Agency to disapprove or modify a plan
or report or the rejection of any plan or report by
operation of law shall be subject to appeal to the Board in
accordance with the procedures of Section 40. If the owner
or operator elects to incorporate modifications required
by the Agency rather than appeal, an amended plan shall be
submitted to the Agency within 35 days of receipt of the
Agency's written notification.
(5) For purposes of this Title, the term "plan" shall
include:
(A) Any site investigation plan submitted pursuant
to subsection (a) of this Section;
(B) Any site investigation budget submitted
pursuant to subsection (a) of this Section;
(C) Any corrective action plan submitted pursuant
to subsection (b) of this Section; or
(D) Any corrective action plan budget submitted
pursuant to subsection (b) of this Section.
(d) For purposes of this Title, the term "indicator
contaminant" shall mean, unless and until the Board promulgates
regulations to the contrary, the following: (i) if an
underground storage tank contains gasoline, the indicator
parameter shall be BTEX and Benzene; (ii) if the tank contained
petroleum products consisting of middle distillate or heavy
ends, then the indicator parameter shall be determined by a
scan of PNA's taken from the location where contamination is

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most likely to be present; and (iii) if the tank contained used
oil, then the indicator contaminant shall be those chemical
constituents which indicate the type of petroleum stored in an
underground storage tank. All references in this Title to
groundwater objectives shall mean Class I groundwater
standards or objectives as applicable.
(e) (1) Notwithstanding the provisions of this Section, an
owner or operator may proceed to conduct site investigation
or corrective action prior to the submittal or approval of
an otherwise required plan. If the owner or operator elects
to so proceed, an applicable plan shall be filed with the
Agency at any time. Such plan shall detail the steps taken
to determine the type of site investigation or corrective
action which was necessary at the site along with the site
investigation or corrective action taken or to be taken, in
addition to costs associated with activities to date and
anticipated costs.
(2) Upon receipt of a plan submitted after activities
have commenced at a site, the Agency shall proceed to
review in the same manner as required under this Title. In
the event the Agency disapproves all or part of the costs,
the owner or operator may appeal such decision to the
Board. The owner or operator shall not be eligible to be
reimbursed for such disapproved costs unless and until the
Board determines that such costs were eligible for payment.
(f) All investigations, plans, and reports conducted or

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prepared under this Section shall be conducted or prepared
under the supervision of a licensed professional engineer and
in accordance with the requirements of this Title.
(Source: P.A. 95-331, eff. 8-21-07.)
Section 99. Effective date. This Act takes effect upon
becoming law.