Bill Text: IL SB3320 | 2009-2010 | 96th General Assembly | Enrolled

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Bill Title: Amends the Environmental Protection Act. Makes a technical change in a Section concerning the short title.

Spectrum: Slight Partisan Bill (Democrat 2-1)

Status: (Passed) 2010-06-08 - Public Act . . . . . . . . . 96-0908 [SB3320 Detail]

Download: Illinois-2009-SB3320-Enrolled.html

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SB3320 Enrolled LRB096 19895 JDS 35355 b
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 Sections 57.7, 57.9, 57.11, and 57.13 and by adding
Sections 57.18 and 57.19 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

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plan.
(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.

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(F) Interpretation of results.
(G) Conclusions.
(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:
(A) Executive summary.
(B) Statement of remediation objectives.
(C) Remedial technologies selected.
(D) Confirmation sampling plan.
(E) Current and projected future use of the

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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
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.

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(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.
(7) If the Agency determines any approved corrective
action plan will not achieve applicable remediation
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.
(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

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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
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

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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
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.
(A) For purposes of payment from the Fund,
corrective action activities required to meet the
minimum requirements of this Title shall include, but
not be limited to, the following use of the Board's
Tiered Approach to Corrective Action Objectives rules
adopted under Title XVII of this Act:
(i) For the site where the release occurred,
the use of Tier 2 remediation objectives that are
no more stringent than Tier 1 remediation
objectives.
(ii) The use of industrial/commercial property
remediation objectives, unless the owner or
operator demonstrates that the property being
remediated is residential property or being
developed into residential property.
(iii) The use of groundwater ordinances as
institutional controls in accordance with Board
rules.

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(iv) The use of on-site groundwater use
restrictions as institutional controls in
accordance with Board rules.
(B) Any bidding process adopted under Board rules
to determine the reasonableness of costs of corrective
action must provide for a publicly-noticed,
competitive, and sealed bidding process that includes,
at a minimum, the following:
(i) The owner or operator must issue
invitations for bids that include, at a minimum, a
description of the work being bid and applicable
contractual terms and conditions. The criteria on
which the bids will be evaluated must be set forth
in the invitation for bids. The criteria may
include, but shall not be limited to, criteria for
determining acceptability, such as inspection,
testing, quality, workmanship, delivery, and
suitability for a particular purpose. Criteria
that will affect the bid price and be considered in
the evaluation of a bid, such as discounts, shall
be objectively measurable.
(ii) At least 14 days prior to the date set in
the invitation for the opening of bids, public
notice of the invitation for bids must be published
in a local paper of general circulation for the
area in which the site is located.

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(iii) Bids must be opened publicly in the
presence of one or more witnesses at the time and
place designated in the invitation for bids. The
name of each bidder, the amount of each bid, and
other relevant information as specified in Board
rules must be recorded and submitted to the Agency
in the applicable budget. After selection of the
winning bid, the winning bid and the record of each
unsuccessful bid shall be open to public
inspection.
(iv) Bids must be unconditionally accepted
without alteration or correction. Bids must be
evaluated based on the requirements set forth in
the invitation for bids, which may include
criteria for determining acceptability, such as
inspection, testing, quality, workmanship,
delivery, and suitability for a particular
purpose. Criteria that will affect the bid price
and be considered in the evaluation of a bid, such
as discounts, shall be objectively measurable. The
invitation for bids shall set forth the evaluation
criteria to be used.
(v) Correction or withdrawal of inadvertently
erroneous bids before or after selection of the
winning bid, or cancellation of winning bids based
on bid mistakes, shall be allowed in accordance

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with Board rules. After bid opening, no changes in
bid prices or other provisions of bids prejudicial
to the owner or operator or fair competition shall
be allowed. All decisions to allow the correction
or withdrawal of bids based on bid mistakes shall
be supported by a written determination made by the
owner or operator.
(vi) The owner or operator shall select the
winning bid with reasonable promptness by written
notice to the lowest responsible and responsive
bidder whose bid meets the requirements and
criteria set forth in the invitation for bids. The
winning bid and other relevant information as
specified in Board rules must be recorded and
submitted to the Agency in the applicable budget.
(vii) All bidding documentation must be
retained by the owner or operator for a minimum of
3 years after the costs bid are submitted in an
application for payment, except that documentation
relating to an appeal, litigation, or other
disputed claim must be maintained until at least 3
years after the date of the final disposition of
the appeal, litigation, or other disputed claim.
All bidding documentation must be made available
to the Agency for inspection and copying during
normal business hours.

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(C) Any bidding process adopted under Board rules
to determine the reasonableness of costs of corrective
action shall (i) be optional and (ii) allow bidding
only if the owner or operator demonstrates that
corrective action cannot be performed for amounts less
than or equal to maximum payment amounts adopted by the
Board.
(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

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the regulations might not be met if the plan were
approved.
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

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ends, then the indicator parameter shall be determined by a
scan of PNA's taken from the location where contamination is
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

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Board determines that such costs were eligible for payment.
(f) All investigations, plans, and reports conducted or
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.)
(415 ILCS 5/57.9)
Sec. 57.9. Underground Storage Tank Fund; eligibility and
deductibility.
(a) The Underground Storage Tank Fund shall be accessible
by owners and operators who have a confirmed release from an
underground storage tank or related tank system of a substance
listed in this Section. The owner or operator is eligible to
access the Underground Storage Tank Fund if the eligibility
requirements of this Title are satisfied and:
(1) Neither the owner nor the operator is the United
States Government.
(2) The tank does not contain fuel which is exempt from
the Motor Fuel Tax Law.
(3) The costs were incurred as a result of a confirmed
release of any of the following substances:
(A) "Fuel", as defined in Section 1.19 of the Motor
Fuel Tax Law.
(B) Aviation fuel.
(C) Heating oil.

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(D) Kerosene.
(E) Used oil which has been refined from crude oil
used in a motor vehicle, as defined in Section 1.3 of
the Motor Fuel Tax Law.
(4) The owner or operator registered the tank and paid
all fees in accordance with the statutory and regulatory
requirements of the Gasoline Storage Act.
(5) The owner or operator notified the Illinois
Emergency Management Agency of a confirmed release, the
costs were incurred after the notification and the costs
were a result of a release of a substance listed in this
Section. Costs of corrective action or indemnification
incurred before providing that notification shall not be
eligible for payment.
(6) The costs have not already been paid to the owner
or operator under a private insurance policy, other written
agreement, or court order.
(7) The costs were associated with "corrective action"
of this Act.
If the underground storage tank which experienced a
release of a substance listed in this Section was installed
after July 28, 1989, the owner or operator is eligible to
access the Underground Storage Tank Fund if it is
demonstrated to the Office of the State Fire Marshal the
tank was installed and operated in accordance with Office
of the State Fire Marshal regulatory requirements. Office

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of the State Fire Marshal certification is prima facie
evidence the tank was installed pursuant to the Office of
the State Fire Marshal regulatory requirements.
(b) For releases reported prior to the effective date of
this amendatory Act of the 96th General Assembly, an An owner
or operator may access the Underground Storage Tank Fund for
costs associated with an Agency approved plan and the Agency
shall approve the payment of costs associated with corrective
action after the application of a $10,000 deductible, except in
the following situations:
(1) A deductible of $100,000 shall apply when none of
the underground storage tanks were registered prior to July
28, 1989, except in the case of underground storage tanks
used exclusively to store heating oil for consumptive use
on the premises where stored and which serve other than
farms or residential units, a deductible of $100,000 shall
apply when none of these tanks were registered prior to
July 1, 1992.
(2) A deductible of $50,000 shall apply if any of the
underground storage tanks were registered prior to July 28,
1989, and the State received notice of the confirmed
release prior to July 28, 1989.
(3) A deductible of $15,000 shall apply when one or
more, but not all, of the underground storage tanks were
registered prior to July 28, 1989, and the State received
notice of the confirmed release on or after July 28, 1989.

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For releases reported on or after the effective date of
this amendatory Act of the 96th General Assembly, an owner or
operator may access the Underground Storage Tank Fund for costs
associated with an Agency approved plan, and the Agency shall
approve the payment of costs associated with corrective action
after the application of a $5,000 deductible.
A deductible shall apply annually for each site at which
costs were incurred under a claim submitted pursuant to this
Title, except that if corrective action in response to an
occurrence takes place over a period of more than one year, in
subsequent years, no deductible shall apply for costs incurred
in response to such occurrence.
(c) Eligibility and deductibility determinations shall be
made by the Office of the State Fire Marshal.
(1) When an owner or operator reports a confirmed
release of a regulated substance, the Office of the State
Fire Marshal shall provide the owner or operator with an
"Eligibility and Deductibility Determination" form. The
form shall either be provided on-site or within 15 days of
the Office of the State Fire Marshal receipt of notice
indicating a confirmed release. The form shall request
sufficient information to enable the Office of the State
Fire Marshal to make a final determination as to owner or
operator eligibility to access the Underground Storage
Tank Fund pursuant to this Title and the appropriate
deductible. The form shall be promulgated as a rule or

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regulation pursuant to the Illinois Administrative
Procedure Act by the Office of the State Fire Marshal.
Until such form is promulgated, the Office of State Fire
Marshal shall use a form which generally conforms with this
Act.
(2) Within 60 days of receipt of the "Eligibility and
Deductibility Determination" form, the Office of the State
Fire Marshal shall issue one letter enunciating the final
eligibility and deductibility determination, and such
determination or failure to act within the time prescribed
shall be a final decision appealable to the Illinois
Pollution Control Board.
(Source: P.A. 88-496.)
(415 ILCS 5/57.11)
Sec. 57.11. Underground Storage Tank Fund; creation.
(a) There is hereby created in the State Treasury a special
fund to be known as the Underground Storage Tank Fund. There
shall be deposited into the Underground Storage Tank Fund all
monies received by the Office of the State Fire Marshal as fees
for underground storage tanks under Sections 4 and 5 of the
Gasoline Storage Act and as fees pursuant to the Motor Fuel Tax
Law. All amounts held in the Underground Storage Tank Fund
shall be invested at interest by the State Treasurer. All
income earned from the investments shall be deposited into the
Underground Storage Tank Fund no less frequently than

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quarterly. Moneys in the Underground Storage Tank Fund,
pursuant to appropriation, may be used by the Agency and the
Office of the State Fire Marshal for the following purposes:
(1) To take action authorized under Section 57.12 to
recover costs under Section 57.12.
(2) To assist in the reduction and mitigation of damage
caused by leaks from underground storage tanks, including
but not limited to, providing alternative water supplies to
persons whose drinking water has become contaminated as a
result of those leaks.
(3) To be used as a matching amount towards federal
assistance relative to the release of petroleum from
underground storage tanks.
(4) For the costs of administering activities of the
Agency and the Office of the State Fire Marshal relative to
the Underground Storage Tank Fund.
(5) For payment of costs of corrective action incurred
by and indemnification to operators of underground storage
tanks as provided in this Title.
(6) For a total of 2 demonstration projects in amounts
in excess of a $10,000 deductible charge designed to assess
the viability of corrective action projects at sites which
have experienced contamination from petroleum releases.
Such demonstration projects shall be conducted in
accordance with the provision of this Title.
(7) Subject to appropriation, moneys in the

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Underground Storage Tank Fund may also be used by the
Department of Revenue for the costs of administering its
activities relative to the Fund and for refunds provided
for in Section 13a.8 of the Motor Fuel Tax Act.
(b) Moneys in the Underground Storage Tank Fund may,
pursuant to appropriation, be used by the Office of the State
Fire Marshal or the Agency to take whatever emergency action is
necessary or appropriate to assure that the public health or
safety is not threatened whenever there is a release or
substantial threat of a release of petroleum from an
underground storage tank and for the costs of administering its
activities relative to the Underground Storage Tank Fund.
(c) Beginning July 1, 1993, the Governor shall certify to
the State Comptroller and State Treasurer the monthly amount
necessary to pay debt service on State obligations issued
pursuant to Section 6 of the General Obligation Bond Act. On
the last day of each month, the Comptroller shall order
transferred and the Treasurer shall transfer from the
Underground Storage Tank Fund to the General Obligation Bond
Retirement and Interest Fund the amount certified by the
Governor, plus any cumulative deficiency in those transfers for
prior months.
(d) Except as provided in subsection (c) of this Section,
the Underground Storage Tank Fund is not subject to
administrative charges authorized under Section 8h of the State
Finance Act that would in any way transfer any funds from the

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Underground Storage Tank Fund into any other fund of the State.
(e) Each fiscal year, subject to appropriation, the Agency
may commit up to $10,000,000 of the moneys in the Underground
Storage Tank Fund to the payment of corrective action costs for
legacy sites that meet one or more of the following criteria as
a result of the underground storage tank release: (i) the
presence of free product, (ii) contamination within a regulated
recharge area, a wellhead protection area, or the setback zone
of a potable water supply well, (iii) contamination extending
beyond the boundaries of the site where the release occurred,
or (iv) such other criteria as may be adopted in Agency rules.
(1) Fund moneys committed under this subsection (e)
shall be held in the Fund for payment of the corrective
action costs for which the moneys were committed.
(2) The Agency may adopt rules governing the commitment
of Fund moneys under this subsection (e).
(3) This subsection (e) does not limit the use of Fund
moneys at legacy sites as otherwise provided under this
Title.
(4) For the purposes of this subsection (e), the term
"legacy site" means a site for which (i) an underground
storage tank release was reported prior to January 1, 2005,
(ii) the owner or operator has been determined eligible to
receive payment from the Fund for corrective action costs,
and (iii) the Agency did not receive any applications for
payment prior to January 1, 2010.

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(Source: P.A. 96-34, eff. 7-13-09.)
(415 ILCS 5/57.13)
Sec. 57.13. Underground Storage Tank Program; transition.
This Title applies to all underground storage tank releases for
which a No Further Remediation Letter is issued on or after the
effective date of this amendatory Act of the 96th General
Assembly, provided that (i) costs incurred prior to the
effective date of this amendatory Act shall be payable from the
UST Fund in the same manner as allowed under the law in effect
at the time the costs were incurred and (ii) releases for which
corrective action was completed prior to the effective date of
this amendatory Act shall be eligible for a No Further
Remediation Letter in the same manner as allowed under the law
in effect at the time the corrective action was completed.
(a) If a release is reported to the proper State authority
on or after June 24, 2002, the owner or operator shall comply
with the requirements of this Title.
(b) If a release is reported to the proper State authority
prior to June 24, 2002, the owner or operator of an underground
storage tank may elect to proceed in accordance with the
requirements of this Title by submitting a written statement to
the Agency of such election. If the owner or operator elects to
proceed under the requirements of this Title all costs incurred
in connection with the incident prior to notification shall be
reimbursable in the same manner as was allowable under the then

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existing law. Completion of corrective action shall then follow
the provisions of this Title.
(Source: P.A. 95-331, eff. 8-21-07.)
(415 ILCS 5/57.18 new)
Sec. 57.18. Additional remedial action required by change
in law; Agency's duty to propose amendment. If a change in
State or federal law requires additional remedial action in
response to releases for which No Further Remediation Letters
have been issued, the Agency shall propose in the next
convening of a regular session of the current General Assembly
amendments to this Title to allow owners and operators to
perform the additional remedial action and seek payment from
the Fund for the costs of the action.
(415 ILCS 5/57.19 new)
Sec. 57.19. Costs incurred after the issuance of a No
Further Remediation Letter. The following shall be considered
corrective action activities eligible for payment from the Fund
even when an owner or operator conducts these activities after
the issuance of a No Further Remediation Letter. Corrective
action conducted under this Section and costs incurred under
this Section must comply with the requirements of this Title
and Board rules adopted under this Title.
(1) Corrective action to achieve residential property
remediation objectives if the owner or operator

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demonstrates that property remediated to
industrial/commercial property remediation objectives
pursuant to subdivision (c)(3)(A)(ii) of Section 57.7 of
this Act is being developed into residential property.
(2) Corrective action to address groundwater
contamination if the owner or operator demonstrates that
action is necessary because a groundwater ordinance used as
an institutional control pursuant to subdivision
(c)(3)(A)(iii) of Section 57.7 of this Act can no longer be
used as an institutional control.
(3) Corrective action to address groundwater
contamination if the owner or operator demonstrates that
action is necessary because an on-site groundwater use
restriction used as an institutional control pursuant to
subdivision (c)(3)(A)(iv) of Section 57.7 of this Act must
be lifted in order to allow the installation of a potable
water supply well due to public water supply service no
longer being available for reasons other than an act or
omission of the owner or operator.
(4) The disposal of soil that does not exceed
industrial/commercial property remediation objectives, but
that does exceed residential property remediation
objectives, if industrial/commercial property remediation
objectives were used pursuant to subdivision (c)(3)(A)(ii)
of Section 57.7 of this Act and the owner or operator
demonstrates that (i) the contamination is the result of

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the release for which the owner or operator is eligible to
seek payment from the Fund and (ii) disposal of the soil is
necessary as a result of construction activities conducted
after the issuance of a No Further Remediation Letter on
the site where the release occurred, including, but not
limited to, the following: tank, line, or canopy repair,
replacement, or removal; building upgrades; sign
installation; and water or sewer line replacement.
(5) The disposal of water exceeding groundwater
remediation objectives that is removed from an excavation
on the site where the release occurred if a groundwater
ordinance is used as an institutional control pursuant to
subdivision (c)(3)(A)(iii) of Section 57.7 of this Act, or
if an on-site groundwater use restriction is used as an
institutional control pursuant to subdivision
(c)(3)(A)(iv) of Section 57.7, and the owner or operator
demonstrates that (i) the excavation is located within the
measured or modeled extent of groundwater contamination
resulting from the release for which the owner or operator
is eligible to seek payment from the Fund and (ii) disposal
of the groundwater is necessary as a result of construction
activities conducted after the issuance of a No Further
Remediation Letter on the site where the release occurred,
including, but not limited to, the following: tank, line,
or canopy repair, replacement, or removal; building
upgrades; sign installation; and water or sewer line

SB3320 Enrolled - 26 - LRB096 19895 JDS 35355 b
replacement.
Section 99. Effective date. This Act takes effect upon