Bill Text: IL SB3320 | 2009-2010 | 96th General Assembly | Engrossed
NOTE: There are more recent revisions of this legislation. Read Latest Draft
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-Engrossed.html
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-Engrossed.html
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1 | AN ACT concerning safety.
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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 Sections 57.7, 57.9, 57.11, and 57.13 and by adding | ||||||
6 | Sections 57.18 and 57.19 as follows:
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7 | (415 ILCS 5/57.7) | ||||||
8 | Sec. 57.7. Leaking underground storage tanks; site | ||||||
9 | investigation and
corrective action. | ||||||
10 | (a) Site investigation. | ||||||
11 | (1) For any site investigation activities required by | ||||||
12 | statute or rule,
the owner or operator shall submit to the | ||||||
13 | Agency for approval a site
investigation plan designed to | ||||||
14 | determine the nature, concentration, direction
of | ||||||
15 | movement, rate of movement, and extent of the contamination | ||||||
16 | as well as the
significant physical features of the site | ||||||
17 | and surrounding area that may affect
contaminant transport | ||||||
18 | and risk to human health and safety 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 limited | ||||||
22 | 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 action | ||||||
15 | plan designed to mitigate
any threat to human health, human | ||||||
16 | safety, or the environment resulting from the
underground | ||||||
17 | storage tank release. The plan shall describe the selected | ||||||
18 | remedy
and evaluate its ability and effectiveness to | ||||||
19 | achieve the remediation
objectives approved for the site. | ||||||
20 | At a minimum, the report shall include all
of the | ||||||
21 | 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
| ||||||
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 corrective | ||||||
19 | action plan that
achieves applicable remediation | ||||||
20 | objectives the owner or operator shall submit
to the Agency | ||||||
21 | for approval a corrective action completion report. The | ||||||
22 | report
shall demonstrate whether corrective action was | ||||||
23 | completed in accordance with
the approved corrective | ||||||
24 | action plan and whether the remediation objectives
| ||||||
25 | approved for the site, as well as any other requirements of | ||||||
26 | 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
operator | ||||||
4 | has not submitted a corrective action completion report, | ||||||
5 | the owner or
operator must submit a status report for | ||||||
6 | Agency review. The status report must
include, but is not | ||||||
7 | limited to, a description of the remediation activities
| ||||||
8 | taken to date, the effectiveness of the method of | ||||||
9 | 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 owner | ||||||
19 | or operator intends to seek payment from
the Fund, the | ||||||
20 | 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
costs | ||||||
26 | associated with the completion of any such plan are less |
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1 | 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 pursuant | ||||||
4 | to this Title in writing within 120 days
of the receipt by | ||||||
5 | the Agency, the plan or report shall be considered to be
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6 | rejected by operation of law for purposes of this Title and | ||||||
7 | rejected for
purposes of payment from the Underground | ||||||
8 | 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
| ||||||
8 | of this Title. | ||||||
9 | (A) For purposes of payment from the Fund, | ||||||
10 | corrective action activities required to meet the | ||||||
11 | minimum requirements of this Title shall include, but | ||||||
12 | not be limited to, the following use of the Board's | ||||||
13 | Tiered Approach to Corrective Action Objectives rules | ||||||
14 | adopted under Title XVII of this Act: | ||||||
15 | (i) For the site where the release occurred, | ||||||
16 | the use of Tier 2 remediation objectives that are | ||||||
17 | no more stringent than Tier 1 remediation | ||||||
18 | objectives. | ||||||
19 | (ii) The use of industrial/commercial property | ||||||
20 | remediation objectives, unless the owner or | ||||||
21 | operator demonstrates that the property being | ||||||
22 | remediated is residential property or being | ||||||
23 | developed into residential property. | ||||||
24 | (iii) The use of groundwater ordinances as | ||||||
25 | institutional controls in accordance with Board | ||||||
26 | rules. |
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1 | (iv) The use of on-site groundwater use | ||||||
2 | restrictions as institutional controls in | ||||||
3 | accordance with Board rules. | ||||||
4 | (B) Any bidding process adopted under Board rules | ||||||
5 | to determine the reasonableness of costs of corrective | ||||||
6 | action must provide for a publicly-noticed, | ||||||
7 | competitive, and sealed bidding process that includes, | ||||||
8 | at a minimum, the following: | ||||||
9 | (i) The owner or operator must issue | ||||||
10 | invitations for bids that include, at a minimum, a | ||||||
11 | description of the work being bid and applicable | ||||||
12 | contractual terms and conditions. The criteria on | ||||||
13 | which the bids will be evaluated must be set forth | ||||||
14 | in the invitation for bids. The criteria may | ||||||
15 | include, but shall not be limited to, criteria for | ||||||
16 | determining acceptability, such as inspection, | ||||||
17 | testing, quality, workmanship, delivery, and | ||||||
18 | suitability for a particular purpose. Criteria | ||||||
19 | that will affect the bid price and be considered in | ||||||
20 | the evaluation of a bid, such as discounts, shall | ||||||
21 | be objectively measurable. | ||||||
22 | (ii) At least 14 days prior to the date set in | ||||||
23 | the invitation for the opening of bids, public | ||||||
24 | notice of the invitation for bids must be published | ||||||
25 | in a local paper of general circulation for the | ||||||
26 | area in which the site is located. |
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1 | (iii) Bids must be opened publicly in the | ||||||
2 | presence of one or more witnesses at the time and | ||||||
3 | place designated in the invitation for bids. The | ||||||
4 | name of each bidder, the amount of each bid, and | ||||||
5 | other relevant information as specified in Board | ||||||
6 | rules must be recorded and submitted to the Agency | ||||||
7 | in the applicable budget. After selection of the | ||||||
8 | winning bid, the winning bid and the record of each | ||||||
9 | unsuccessful bid shall be open to public | ||||||
10 | inspection. | ||||||
11 | (iv) Bids must be unconditionally accepted | ||||||
12 | without alteration or correction. Bids must be | ||||||
13 | evaluated based on the requirements set forth in | ||||||
14 | the invitation for bids, which may include | ||||||
15 | criteria for determining acceptability, such as | ||||||
16 | inspection, testing, quality, workmanship, | ||||||
17 | delivery, and suitability for a particular | ||||||
18 | purpose. Criteria that will affect the bid price | ||||||
19 | and be considered in the evaluation of a bid, such | ||||||
20 | as discounts, shall be objectively measurable. The | ||||||
21 | invitation for bids shall set forth the evaluation | ||||||
22 | criteria to be used. | ||||||
23 | (v) Correction or withdrawal of inadvertently | ||||||
24 | erroneous bids before or after selection of the | ||||||
25 | winning bid, or cancellation of winning bids based | ||||||
26 | on bid mistakes, shall be allowed in accordance |
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1 | with Board rules. After bid opening, no changes in | ||||||
2 | bid prices or other provisions of bids prejudicial | ||||||
3 | to the owner or operator or fair competition shall | ||||||
4 | be allowed. All decisions to allow the correction | ||||||
5 | or withdrawal of bids based on bid mistakes shall | ||||||
6 | be supported by a written determination made by the | ||||||
7 | owner or operator. | ||||||
8 | (vi) The owner or operator shall select the | ||||||
9 | winning bid with reasonable promptness by written | ||||||
10 | notice to the lowest responsible and responsive | ||||||
11 | bidder whose bid meets the requirements and | ||||||
12 | criteria set forth in the invitation for bids. The | ||||||
13 | winning bid and other relevant information as | ||||||
14 | specified in Board rules must be recorded and | ||||||
15 | submitted to the Agency in the applicable budget. | ||||||
16 | (vii) All bidding documentation must be | ||||||
17 | retained by the owner or operator for a minimum of | ||||||
18 | 3 years after the costs bid are submitted in an | ||||||
19 | application for payment, except that documentation | ||||||
20 | relating to an appeal, litigation, or other | ||||||
21 | disputed claim must be maintained until at least 3 | ||||||
22 | years after the date of the final disposition of | ||||||
23 | the appeal, litigation, or other disputed claim. | ||||||
24 | All bidding documentation must be made available | ||||||
25 | to the Agency for inspection and copying during | ||||||
26 | normal business hours. |
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1 | (C) Any bidding process adopted under Board rules | ||||||
2 | to determine the reasonableness of costs of corrective | ||||||
3 | action shall (i) be optional and (ii) allow bidding | ||||||
4 | only if the owner or operator demonstrates that | ||||||
5 | corrective action cannot be performed for amounts less | ||||||
6 | than or equal to maximum payment amounts adopted by the | ||||||
7 | Board. | ||||||
8 | (4) For any plan or report received after June 24,
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9 | 2002, any action by the Agency to disapprove or modify a | ||||||
10 | plan submitted
pursuant to this Title shall be provided to | ||||||
11 | the owner or operator in writing
within 120 days of the | ||||||
12 | receipt by the Agency or, in the case of a site
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13 | investigation plan or corrective action plan for which | ||||||
14 | payment is not being
sought, within 120 days of receipt of | ||||||
15 | the site investigation completion report
or corrective | ||||||
16 | action completion report, respectively, and shall be | ||||||
17 | accompanied
by: | ||||||
18 | (A) an explanation of the Sections of this Act | ||||||
19 | which may be violated
if the plans were approved; | ||||||
20 | (B) an explanation of the provisions of the | ||||||
21 | regulations, promulgated
under this Act, which may be | ||||||
22 | violated if the plan were approved; | ||||||
23 | (C) an explanation of the specific type of | ||||||
24 | information, if any,
which the Agency deems the | ||||||
25 | applicant did not provide the Agency; and | ||||||
26 | (D) a statement of specific reasons why the Act and |
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1 | the regulations
might not be met if the plan were | ||||||
2 | approved. | ||||||
3 | Any action by the Agency to disapprove or modify a plan | ||||||
4 | or report or
the rejection of any plan or report by | ||||||
5 | operation of law shall be subject
to appeal to the Board in | ||||||
6 | accordance with the procedures of Section 40. If
the owner | ||||||
7 | or operator elects to incorporate modifications required | ||||||
8 | by the
Agency rather than appeal, an amended plan shall be | ||||||
9 | submitted to the Agency
within 35 days of receipt of the | ||||||
10 | Agency's written notification. | ||||||
11 | (5) For purposes of this Title, the term "plan" shall | ||||||
12 | include: | ||||||
13 | (A) Any site investigation plan submitted pursuant | ||||||
14 | to subsection (a)
of this Section; | ||||||
15 | (B) Any site investigation budget submitted | ||||||
16 | pursuant to subsection (a)
of this Section; | ||||||
17 | (C) Any corrective action plan submitted pursuant | ||||||
18 | to
subsection (b) of this Section; or | ||||||
19 | (D) Any corrective action plan budget submitted | ||||||
20 | pursuant to
subsection (b) of this Section. | ||||||
21 | (d) For purposes of this Title, the term "indicator | ||||||
22 | contaminant" shall
mean, unless and until the Board promulgates | ||||||
23 | regulations to the contrary, the
following: (i) if an | ||||||
24 | underground storage tank contains gasoline, the indicator
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25 | parameter shall be BTEX and Benzene; (ii) if the tank contained | ||||||
26 | petroleum
products consisting of middle distillate or heavy |
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1 | ends, then the indicator
parameter shall be determined by a | ||||||
2 | scan of PNA's taken from the location where
contamination is | ||||||
3 | most likely to be present; and (iii) if the tank contained
used | ||||||
4 | oil, then the indicator contaminant shall be those chemical | ||||||
5 | constituents
which indicate the type of petroleum stored in an | ||||||
6 | underground storage tank.
All references in this Title to | ||||||
7 | groundwater objectives shall mean Class I
groundwater | ||||||
8 | standards or objectives as applicable. | ||||||
9 | (e) (1) Notwithstanding the provisions of this Section, an | ||||||
10 | owner or
operator may proceed to conduct site investigation | ||||||
11 | or corrective action prior
to the submittal or approval of | ||||||
12 | an otherwise required plan. If the owner or
operator elects | ||||||
13 | to so proceed, an applicable plan shall be filed with the
| ||||||
14 | Agency at any time. Such plan shall detail the steps taken | ||||||
15 | to determine the
type of site investigation or corrective | ||||||
16 | action which was necessary at the site
along with the site | ||||||
17 | investigation or corrective action taken or to be taken, in
| ||||||
18 | addition to costs associated with activities to date and | ||||||
19 | anticipated costs. | ||||||
20 | (2) Upon receipt of a plan submitted after activities | ||||||
21 | have commenced at a
site, the Agency shall proceed to | ||||||
22 | review in the same manner as required under
this Title. In | ||||||
23 | the event the Agency disapproves all or part of the costs, | ||||||
24 | the
owner or operator may appeal such decision to the | ||||||
25 | Board. The owner or operator
shall not be eligible to be | ||||||
26 | reimbursed for such disapproved costs unless and
until the |
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1 | Board determines that such costs were eligible for
payment. | ||||||
2 | (f) All investigations, plans, and reports conducted or | ||||||
3 | prepared under
this Section shall be conducted or prepared | ||||||
4 | under the supervision of a
licensed professional engineer and | ||||||
5 | in accordance with the requirements
of this Title. | ||||||
6 | (Source: P.A. 95-331, eff. 8-21-07.)
| ||||||
7 | (415 ILCS 5/57.9)
| ||||||
8 | Sec. 57.9. Underground Storage Tank Fund; eligibility and | ||||||
9 | deductibility.
| ||||||
10 | (a) The Underground Storage Tank Fund shall be accessible | ||||||
11 | by owners and
operators who have a confirmed release from an | ||||||
12 | underground storage tank or
related tank system of a substance | ||||||
13 | listed in this Section. The owner or
operator is eligible to | ||||||
14 | access the Underground Storage Tank Fund if the
eligibility | ||||||
15 | requirements of this Title are satisfied and:
| ||||||
16 | (1) Neither the owner nor the operator is the United | ||||||
17 | States Government.
| ||||||
18 | (2) The tank does not contain fuel which is exempt from | ||||||
19 | the Motor Fuel Tax
Law.
| ||||||
20 | (3) The costs were incurred as a result of a confirmed | ||||||
21 | release of any of
the following substances:
| ||||||
22 | (A) "Fuel", as defined in Section 1.19 of the Motor | ||||||
23 | Fuel Tax Law.
| ||||||
24 | (B) Aviation fuel.
| ||||||
25 | (C) Heating oil.
|
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| |||||||
1 | (D) Kerosene.
| ||||||
2 | (E) Used oil which has been refined from crude oil | ||||||
3 | used in a motor
vehicle, as defined in Section 1.3 of | ||||||
4 | the Motor Fuel Tax Law.
| ||||||
5 | (4) The owner or operator registered the tank and paid | ||||||
6 | all fees in
accordance with the statutory and regulatory | ||||||
7 | requirements of the Gasoline
Storage Act.
| ||||||
8 | (5) The owner or operator notified the Illinois | ||||||
9 | Emergency Management
Agency of a confirmed release, the | ||||||
10 | costs were incurred after the notification
and the costs | ||||||
11 | were a result of a release of a substance listed in this | ||||||
12 | Section.
Costs of corrective action or indemnification | ||||||
13 | incurred before providing that
notification shall not be | ||||||
14 | eligible for payment.
| ||||||
15 | (6) The costs have not already been paid to the owner | ||||||
16 | or operator under a
private insurance policy, other written | ||||||
17 | agreement, or court order.
| ||||||
18 | (7) The costs were associated with "corrective action" | ||||||
19 | of this Act.
| ||||||
20 | If the underground storage tank which experienced a | ||||||
21 | release of a substance
listed in this Section was installed | ||||||
22 | after July 28, 1989, the owner or operator
is eligible to | ||||||
23 | access the Underground Storage Tank Fund if it is | ||||||
24 | demonstrated
to the Office of the State Fire Marshal the | ||||||
25 | tank was installed and operated in
accordance with Office | ||||||
26 | of the State Fire Marshal regulatory requirements.
Office |
| |||||||
| |||||||
1 | of the State Fire Marshal certification is prima facie | ||||||
2 | evidence the tank
was installed pursuant to the Office of | ||||||
3 | the State Fire Marshal regulatory
requirements.
| ||||||
4 | (b) For releases reported prior to the effective date of | ||||||
5 | this amendatory Act of the 96th General Assembly, an An owner | ||||||
6 | or operator may access the Underground Storage Tank Fund for
| ||||||
7 | costs associated with an Agency approved plan and the Agency | ||||||
8 | shall approve the
payment of costs associated with corrective | ||||||
9 | action after the
application of a $10,000 deductible, except in | ||||||
10 | the following situations:
| ||||||
11 | (1) A deductible of $100,000 shall apply when none of | ||||||
12 | the underground
storage tanks were registered prior to July | ||||||
13 | 28, 1989, except in the case of
underground storage tanks | ||||||
14 | used exclusively to store heating oil for consumptive
use | ||||||
15 | on the premises where stored and which serve other than | ||||||
16 | farms or
residential units, a deductible of $100,000 shall | ||||||
17 | apply when none of these
tanks were registered prior to | ||||||
18 | July 1, 1992.
| ||||||
19 | (2) A deductible of $50,000 shall apply if any of the | ||||||
20 | underground storage
tanks were registered prior to July 28, | ||||||
21 | 1989, and the State received notice of
the confirmed | ||||||
22 | release prior to July 28, 1989.
| ||||||
23 | (3) A deductible of $15,000 shall apply when one or | ||||||
24 | more, but not all, of
the underground storage tanks were | ||||||
25 | registered prior to July 28, 1989, and the
State received | ||||||
26 | notice of the confirmed release on or after July 28, 1989.
|
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| |||||||
1 | For releases reported on or after the effective date of | ||||||
2 | this amendatory Act of the 96th General Assembly, an owner or | ||||||
3 | operator may access the Underground Storage Tank Fund for costs | ||||||
4 | associated with an Agency approved plan, and the Agency shall | ||||||
5 | approve the payment of costs associated with corrective action | ||||||
6 | after the application of a $5,000 deductible. | ||||||
7 | A deductible shall apply annually for each site at which | ||||||
8 | costs were incurred
under a claim submitted pursuant to this | ||||||
9 | Title, except that if corrective
action in response to an | ||||||
10 | occurrence takes place over a period of more than one
year, in | ||||||
11 | subsequent years, no deductible shall apply for costs incurred | ||||||
12 | in
response to such occurrence.
| ||||||
13 | (c) Eligibility and deductibility determinations shall be | ||||||
14 | made by the Office
of the State Fire Marshal.
| ||||||
15 | (1) When an owner or operator reports a confirmed | ||||||
16 | release of a regulated
substance, the Office of the State | ||||||
17 | Fire Marshal shall provide the owner or
operator with an | ||||||
18 | "Eligibility and Deductibility Determination" form. The | ||||||
19 | form
shall either be provided on-site or within 15 days of | ||||||
20 | the Office of the State
Fire Marshal receipt of notice | ||||||
21 | indicating a confirmed release. The form shall
request | ||||||
22 | sufficient information to enable the Office of the State | ||||||
23 | Fire Marshal
to make a final determination as to owner or | ||||||
24 | operator eligibility
to access the Underground Storage | ||||||
25 | Tank Fund pursuant to this Title and the
appropriate | ||||||
26 | deductible. The form shall be promulgated as a rule or |
| |||||||
| |||||||
1 | regulation
pursuant to the Illinois Administrative | ||||||
2 | Procedure Act by the Office of
the State Fire Marshal. | ||||||
3 | Until such form is promulgated, the Office of State
Fire | ||||||
4 | Marshal shall use a form which generally conforms with this | ||||||
5 | Act.
| ||||||
6 | (2) Within 60 days of receipt of the "Eligibility and | ||||||
7 | Deductibility
Determination" form, the Office of the State | ||||||
8 | Fire Marshal shall issue one
letter enunciating the final | ||||||
9 | eligibility and deductibility determination, and
such | ||||||
10 | determination or failure to act within the time prescribed | ||||||
11 | shall be a
final decision appealable to the Illinois | ||||||
12 | Pollution Control Board.
| ||||||
13 | (Source: P.A. 88-496.)
| ||||||
14 | (415 ILCS 5/57.11) | ||||||
15 | Sec. 57.11. Underground Storage Tank Fund; creation. | ||||||
16 | (a) There is hereby created in the State Treasury a special | ||||||
17 | fund
to be known as the Underground Storage Tank Fund. There | ||||||
18 | shall be deposited
into the Underground Storage Tank Fund all | ||||||
19 | monies received by the Office of the
State Fire Marshal as fees | ||||||
20 | for underground storage tanks under Sections 4 and 5
of the | ||||||
21 | Gasoline Storage Act and as fees pursuant to the Motor Fuel Tax | ||||||
22 | Law.
All amounts held in the Underground Storage Tank Fund | ||||||
23 | shall be invested at
interest by the State Treasurer. All | ||||||
24 | income earned from the investments shall
be deposited into the | ||||||
25 | Underground Storage Tank Fund no less frequently than
|
| |||||||
| |||||||
1 | quarterly. Moneys in the Underground Storage Tank Fund, | ||||||
2 | pursuant to
appropriation, may be used by the Agency and the | ||||||
3 | Office of the State Fire
Marshal for the following purposes: | ||||||
4 | (1) To take action authorized under Section 57.12 to | ||||||
5 | recover costs under
Section 57.12. | ||||||
6 | (2) To assist in the reduction and mitigation of damage | ||||||
7 | caused by leaks
from underground storage tanks, including | ||||||
8 | but not limited to, providing
alternative water supplies to | ||||||
9 | persons whose drinking water has become
contaminated as a | ||||||
10 | result of those leaks. | ||||||
11 | (3) To be used as a matching amount towards federal | ||||||
12 | assistance relative to
the release of petroleum from | ||||||
13 | underground storage tanks. | ||||||
14 | (4) For the costs of administering activities of the | ||||||
15 | Agency and the Office
of the State Fire Marshal relative to | ||||||
16 | the Underground Storage Tank Fund. | ||||||
17 | (5) For payment of costs of corrective action incurred | ||||||
18 | by and
indemnification to operators of underground storage | ||||||
19 | tanks as provided in this
Title. | ||||||
20 | (6) For a total of 2 demonstration projects in amounts | ||||||
21 | in excess of a
$10,000 deductible charge designed to assess | ||||||
22 | the viability of corrective action
projects at sites which | ||||||
23 | have experienced contamination from petroleum releases.
| ||||||
24 | Such demonstration projects shall be conducted in | ||||||
25 | accordance with the provision
of this Title. | ||||||
26 | (7) Subject to appropriation, moneys in the |
| |||||||
| |||||||
1 | Underground Storage Tank Fund
may also be used by the | ||||||
2 | Department of Revenue for the costs of administering
its | ||||||
3 | activities relative to the Fund and for refunds provided | ||||||
4 | for in Section
13a.8 of the Motor Fuel Tax Act. | ||||||
5 | (b) Moneys in the Underground Storage Tank Fund may, | ||||||
6 | pursuant to
appropriation, be used by the Office of the State | ||||||
7 | Fire Marshal or the Agency to
take whatever emergency action is | ||||||
8 | necessary or appropriate to assure that the
public health or | ||||||
9 | safety is not threatened whenever there is a release or
| ||||||
10 | substantial threat of a release of petroleum from an | ||||||
11 | underground storage tank
and for the costs of administering its | ||||||
12 | activities relative to the Underground
Storage Tank Fund. | ||||||
13 | (c) Beginning July 1, 1993, the Governor shall certify to | ||||||
14 | the State
Comptroller and State Treasurer the monthly amount | ||||||
15 | necessary to pay debt
service on State obligations issued | ||||||
16 | pursuant to Section 6 of the General
Obligation Bond Act. On | ||||||
17 | the last day of each month, the Comptroller shall order
| ||||||
18 | transferred and the Treasurer shall transfer from the | ||||||
19 | Underground Storage Tank
Fund to the General Obligation Bond | ||||||
20 | Retirement and Interest Fund the amount
certified by the | ||||||
21 | Governor, plus any cumulative deficiency in those transfers
for | ||||||
22 | prior months. | ||||||
23 | (d) Except as provided in subsection (c) of this Section, | ||||||
24 | the Underground Storage Tank Fund is not subject to | ||||||
25 | administrative charges authorized under Section 8h of the State | ||||||
26 | Finance Act that would in any way transfer any funds from the |
| |||||||
| |||||||
1 | Underground Storage Tank Fund into any other fund of the State. | ||||||
2 | (e) Each fiscal year, subject to appropriation, the Agency | ||||||
3 | may commit up to $10,000,000 of the moneys in the Underground | ||||||
4 | Storage Tank Fund to the payment of corrective action costs for | ||||||
5 | legacy sites that meet one or more of the following criteria as | ||||||
6 | a result of the underground storage tank release: (i) the | ||||||
7 | presence of free product, (ii) contamination within a regulated | ||||||
8 | recharge area, a wellhead protection area, or the setback zone | ||||||
9 | of a potable water supply well, (iii) contamination extending | ||||||
10 | beyond the boundaries of the site where the release occurred, | ||||||
11 | or (iv) such other criteria as may be adopted in Agency rules. | ||||||
12 | (1) Fund moneys committed under this subsection (e) | ||||||
13 | shall be held in the Fund for payment of the corrective | ||||||
14 | action costs for which the moneys were committed. | ||||||
15 | (2) The Agency may adopt rules governing the commitment | ||||||
16 | of Fund moneys under this subsection (e). | ||||||
17 | (3) This subsection (e) does not limit the use of Fund | ||||||
18 | moneys at legacy sites as otherwise provided under this | ||||||
19 | Title. | ||||||
20 | (4) For the purposes of this subsection (e), the term | ||||||
21 | "legacy site" means a site for which (i) an underground | ||||||
22 | storage tank release was reported prior to January 1, 2005, | ||||||
23 | (ii) the owner or operator has been determined eligible to | ||||||
24 | receive payment from the Fund for corrective action costs, | ||||||
25 | and (iii) the Agency did not receive any applications for | ||||||
26 | payment prior to January 1, 2010. |
| |||||||
| |||||||
1 | (Source: P.A. 96-34, eff. 7-13-09.)
| ||||||
2 | (415 ILCS 5/57.13) | ||||||
3 | Sec. 57.13. Underground Storage Tank Program; transition. | ||||||
4 | This Title applies to all underground storage tank releases for | ||||||
5 | which a No Further Remediation Letter is issued on or after the | ||||||
6 | effective date of this amendatory Act of the 96th General | ||||||
7 | Assembly, provided that (i) costs incurred prior to the | ||||||
8 | effective date of this amendatory Act shall be payable from the | ||||||
9 | UST Fund in the same manner as allowed under the law in effect | ||||||
10 | at the time the costs were incurred and (ii) releases for which | ||||||
11 | corrective action was completed prior to the effective date of | ||||||
12 | this amendatory Act shall be eligible for a No Further | ||||||
13 | Remediation Letter in the same manner as allowed under the law | ||||||
14 | in effect at the time the corrective action was completed. | ||||||
15 | (a) If a release is reported to the proper State authority | ||||||
16 | on or after
June 24, 2002, the owner or operator shall comply | ||||||
17 | with
the requirements of this Title. | ||||||
18 | (b) If a release is reported to the proper State authority | ||||||
19 | prior to
June 24, 2002, the
owner or operator of an underground | ||||||
20 | storage tank may elect to proceed in
accordance with the | ||||||
21 | requirements of this Title by submitting a written
statement to | ||||||
22 | the Agency of such election. If the owner or operator elects to
| ||||||
23 | proceed under the requirements of this Title all costs incurred | ||||||
24 | in connection
with the incident prior to notification shall be | ||||||
25 | reimbursable in the same
manner as was allowable under the then |
| |||||||
| |||||||
1 | existing law. Completion of corrective
action shall then follow | ||||||
2 | the provisions of this Title. | ||||||
3 | (Source: P.A. 95-331, eff. 8-21-07.)
| ||||||
4 | (415 ILCS 5/57.18 new) | ||||||
5 | Sec. 57.18. Additional remedial action required by change | ||||||
6 | in law; Agency's duty to propose amendment. If a change in | ||||||
7 | State or federal law requires additional remedial action in | ||||||
8 | response to releases for which No Further Remediation Letters | ||||||
9 | have been issued, the Agency shall propose in the next | ||||||
10 | convening of a regular session of the current General Assembly | ||||||
11 | amendments to this Title to allow owners and operators to | ||||||
12 | perform the additional remedial action and seek payment from | ||||||
13 | the Fund for the costs of the action.
| ||||||
14 | (415 ILCS 5/57.19 new) | ||||||
15 | Sec. 57.19. Costs incurred after the issuance of a No | ||||||
16 | Further Remediation Letter. The following shall be considered | ||||||
17 | corrective action activities eligible for payment from the Fund | ||||||
18 | even when an owner or operator conducts these activities after | ||||||
19 | the issuance of a No Further Remediation Letter. Corrective | ||||||
20 | action conducted under this Section and costs incurred under | ||||||
21 | this Section must comply with the requirements of this Title | ||||||
22 | and Board rules adopted under this Title. | ||||||
23 | (1) Corrective action to achieve residential property | ||||||
24 | remediation objectives if the owner or operator |
| |||||||
| |||||||
1 | demonstrates that property remediated to | ||||||
2 | industrial/commercial property remediation objectives | ||||||
3 | pursuant to subdivision (c)(3)(A)(ii) of Section 57.7 of | ||||||
4 | this Act is being developed into residential property. | ||||||
5 | (2) Corrective action to address groundwater | ||||||
6 | contamination if the owner or operator demonstrates that | ||||||
7 | action is necessary because a groundwater ordinance used as | ||||||
8 | an institutional control pursuant to subdivision | ||||||
9 | (c)(3)(A)(iii) of Section 57.7 of this Act can no longer be | ||||||
10 | used as an institutional control. | ||||||
11 | (3) Corrective action to address groundwater | ||||||
12 | contamination if the owner or operator demonstrates that | ||||||
13 | action is necessary because an on-site groundwater use | ||||||
14 | restriction used as an institutional control pursuant to | ||||||
15 | subdivision (c)(3)(A)(iv) of Section 57.7 of this Act must | ||||||
16 | be lifted in order to allow the installation of a potable | ||||||
17 | water supply well due to public water supply service no | ||||||
18 | longer being available for reasons other than an act or | ||||||
19 | omission of the owner or operator.
| ||||||
20 | Section 99. Effective date. This Act takes effect upon | ||||||
21 |