Public Act 103-0172
HB2901 EnrolledLRB103 26825 CPF 53189 b HB2901 Enrolled LRB103 26825 CPF 53189 b
HB2901 Enrolled LRB103 26825 CPF 53189 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 58.2 and 58.7 as follows:
(415 ILCS 5/58.2)
Sec. 58.2. Definitions. The following words and phrases
when used in this Title shall have the meanings given to them
in this Section unless the context clearly indicates
otherwise:
"Agrichemical facility" means a site on which agricultural
pesticides are stored or handled, or both, in preparation for
end use, or distributed. The term does not include basic
manufacturing facility sites.
"ASTM" means the American Society for Testing and
Materials.
"Area background" means concentrations of regulated
substances that are consistently present in the environment in
the vicinity of a site that are the result of natural
conditions or human activities, and not the result solely of
releases at the site.
"Brownfields site" or "brownfields" means a parcel of real
property, or a portion of the parcel, that has actual or
HB2901 Enrolled LRB103 26825 CPF 53189 b
perceived contamination and an active potential for
redevelopment.
"Class I groundwater" means groundwater that meets the
Class I Potable Resource groundwater criteria set forth in the
Board rules adopted under the Illinois Groundwater Protection
Act.
"Class III groundwater" means groundwater that meets the
Class III Special Resource Groundwater criteria set forth in
the Board rules adopted under the Illinois Groundwater
Protection Act.
"Carcinogen" means a contaminant that is classified as a
Category A1 or A2 Carcinogen by the American Conference of
Governmental Industrial Hygienists; or a Category 1 or 2A/2B
Carcinogen by the World Health Organizations International
Agency for Research on Cancer; or a "Human Carcinogen" or
"Anticipated Human Carcinogen" by the United States Department
of Health and Human Service National Toxicological Program; or
a Category A or B1/B2 Carcinogen by the United States
Environmental Protection Agency in Integrated Risk Information
System or a Final Rule issued in a Federal Register notice by
the USEPA as of the effective date of this amendatory Act of
1995.
"Licensed Professional Engineer" (LPE) means a person,
corporation, or partnership licensed under the laws of this
State to practice professional engineering.
"Licensed Professional Geologist" means a person licensed
under the laws of the State of Illinois to practice as a
professional geologist.
"RELPEG" means a Licensed Professional Engineer or a
Licensed Professional Geologist engaged in review and
evaluation under this Title.
"Man-made pathway" means constructed routes that may allow
for the transport of regulated substances including, but not
limited to, sewers, utility lines, utility vaults, building
foundations, basements, crawl spaces, drainage ditches, or
previously excavated and filled areas.
"Municipality" means an incorporated city, village, or
town in this State. "Municipality" does not mean a township,
town when that term is used as the equivalent of a township,
incorporated town that has superseded a civil township,
county, or school district, park district, sanitary district,
or similar governmental district.
"Natural pathway" means natural routes for the transport
of regulated substances including, but not limited to, soil,
groundwater, sand seams and lenses, and gravel seams and
lenses.
"Person" means individual, trust, firm, joint stock
company, joint venture, consortium, commercial entity,
corporation (including a government corporation), partnership,
association, State, municipality, commission, political
subdivision of a State, or any interstate body including the
United States Government and each department, agency, and
instrumentality of the United States.
"Regulated substance" means any hazardous substance as
defined under Section 101(14) of the Comprehensive
Environmental Response, Compensation, and Liability Act of
1980 (P.L. 96-510) and petroleum products including crude oil
or any fraction thereof, natural gas, natural gas liquids,
liquefied natural gas, or synthetic gas usable for fuel (or
mixtures of natural gas and such synthetic gas).
"Remedial action" means activities associated with
compliance with the provisions of Sections 58.6 and 58.7.
"Remediation Applicant" (RA) means any person seeking to
perform or performing investigative or remedial activities
under this Title, including an the owner or operator of the
site or a person persons authorized by law or consent to act on
behalf of or in lieu of an the owner or operator of the site.
"Remediation costs" means reasonable costs paid for
investigating and remediating regulated substances of concern
consistent with the remedy selected for a site.
For purposes of Section 58.14, "remediation costs" shall
not include costs incurred prior to January 1, 1998, costs
incurred after the issuance of a No Further Remediation Letter
under Section 58.10 of this Act, or costs incurred more than 12
months prior to acceptance into the Site Remediation Program.
For the purpose of Section 58.14a, "remediation costs" do
not include any costs incurred before January 1, 2007, any
costs incurred after the issuance of a No Further Remediation
Letter under Section 58.10, or any costs incurred more than 12
months before acceptance into the Site Remediation Program.
"Residential property" means any real property that is
used for habitation by individuals and other property uses
defined by Board rules such as education, health care, child
care and related uses.
"River Edge Redevelopment Zone" has the meaning set forth
under the River Edge Redevelopment Zone Act.
"Site" means any single location, place, tract of land or
parcel of property, or portion thereof, including contiguous
property separated by a public right-of-way.
"Regulated substance of concern" means any contaminant
that is expected to be present at the site based upon past and
current land uses and associated releases that are known to
the Remediation Applicant based upon reasonable inquiry.
(Source: P.A. 95-454, eff. 8-27-07.)
(415 ILCS 5/58.7)
Sec. 58.7. Review and approvals.
(a) Requirements. All plans and reports that are submitted
pursuant to this Title shall be submitted for review or
approval in accordance with this Section.
(b) Review and evaluation by the Agency.
(1) Except for sites excluded under subdivision (a)
(2) of Section 58.1, the Agency shall, subject to
available resources, agree to provide review and
evaluation services for activities carried out pursuant to
this Title for which the RA requested the services in
writing. As a condition for providing such services, the
Agency may require that the RA for a site:
(A) Conform with the procedures of this Title;
(B) Allow for or otherwise arrange site visits or
other site evaluation by the Agency when so requested;
(C) Agree to perform the Remedial Action Plan as
approved under this Title;
(D) Agree to pay any reasonable costs incurred and
documented by the Agency in providing such services;
(E) Make an advance partial payment to the Agency
for such anticipated services in the an amount of
$2,500 , acceptable to the Agency, but not to exceed
$5,000 or one-half of the total anticipated costs of
the Agency, whichever sum is less; and
(F) Demonstrate, if necessary, authority to act on
behalf of or in lieu of the owner or operator.
(2) Any moneys received by the State for costs
incurred by the Agency in performing review or evaluation
services for actions conducted pursuant to this Title
shall be deposited in the Hazardous Waste Fund.
(3) An RA requesting services under subdivision (b)
(1) of this Section may, at any time, notify the Agency, in
writing, that Agency services previously requested are no
longer wanted. Within 180 days after receipt of the
notice, the Agency shall provide the RA with a final
invoice for services provided until the date of such
notifications.
(4) The Agency may invoice or otherwise request or
demand payment from a RA for costs incurred by the Agency
in performing review or evaluation services for actions by
the RA at sites only if:
(A) The Agency has incurred costs in performing
response actions, other than review or evaluation
services, due to the failure of the RA to take response
action in accordance with a notice issued pursuant to
this Act;
(B) The RA has agreed in writing to the payment of
such costs;
(C) The RA has been ordered to pay such costs by
the Board or a court of competent jurisdiction
pursuant to this Act; or
(D) The RA has requested or has consented to
Agency review or evaluation services under subdivision
(b) (1) of this Section.
(5) The Agency may, subject to available resources,
agree to provide review and evaluation services for
response actions if there is a written agreement among
parties to a legal action or if a notice to perform a
response action has been issued by the Agency.
(c) Review and evaluation by a RELPEG Licensed
Professional Engineer or Licensed Professional Geologist. A RA
may elect to contract with a Licensed Professional Engineer
or, in the case of a site investigation report only, a Licensed
Professional Geologist, who will perform review and evaluation
services on behalf of and under the direction of the Agency
relative to the site activities.
(1) Prior to entering into the contract with the
RELPEG, the RA shall notify the Agency of the RELPEG to be
selected. The Agency and the RA shall discuss the
potential terms of the contract.
(2) At a minimum, the contract with the RELPEG shall
provide that the RELPEG will submit any reports directly
to the Agency, will take his or her directions for work
assignments from the Agency, and will perform the assigned
work on behalf of the Agency.
(3) Reasonable costs incurred by the Agency shall be
paid by the RA directly to the Agency in accordance with
the terms of the review and evaluation services agreement
entered into under subdivision (b) (1) of Section 58.7.
(4) In no event shall the RELPEG acting on behalf of
the Agency be an employee of the RA or the owner or
operator of the site or be an employee of any other person
the RA has contracted to provide services relative to the
site.
(d) Review and approval. All reviews required under this
Title shall be carried out by the Agency or a RELPEG contracted
by the RA pursuant to subsection (c) , both under the direction
of a Licensed Professional Engineer or, in the case of the
review of a site investigation only, a Licensed Professional
Geologist.
(1) All review activities conducted by the Agency or a
RELPEG shall be carried out in conformance with this Title
and rules promulgated under Section 58.11.
(2) Subject to the limitations in subsection (c) and
this subsection (d), the specific plans, reports, and
activities that the Agency or a RELPEG may review include:
(A) Site Investigation Reports and related
activities;
(B) Remediation Objectives Reports;
(C) Remedial Action Plans and related activities;
and
(D) Remedial Action Completion Reports and related
activities.
(3) Only the Agency shall have the authority to
approve, disapprove, or approve with conditions a plan or
report as a result of the review process including those
plans and reports reviewed by a RELPEG. If the Agency
disapproves a plan or report or approves a plan or report
with conditions, the written notification required by
subdivision (d) (4) of this Section shall contain the
following information, as applicable:
(A) An explanation of the Sections of this Title
that may be violated if the plan or report was
approved;
(B) An explanation of the provisions of the rules
promulgated under this Title that may be violated if
the plan or report was approved;
(C) An explanation of the specific type of
information, if any, that the Agency deems the
applicant did not provide the Agency;
(D) A statement of specific reasons why the Title
and regulations might not be met if the plan or report
were approved; and
(E) An explanation of the reasons for conditions
if conditions are required.
(4) Upon approving, disapproving, or approving with
conditions a plan or report, the Agency shall notify the
RA in writing of its decision. In the case of approval or
approval with conditions of a Remedial Action Completion
Report, the Agency shall prepare a No Further Remediation
Letter that meets the requirements of Section 58.10 and
send a copy of the letter to the RA.
(5) All reviews undertaken by the Agency or a RELPEG
shall be completed and the decisions communicated to the
RA within 60 days of the request for review or approval of
a single plan or report and within 90 days after the
request for review or approval of 2 or more plans or
reports submitted concurrently. The RA may waive the
deadline upon a request from the Agency. If the Agency
disapproves or approves with conditions a plan or report
or fails to issue a final decision within the applicable
60-day or 90-day 60 day period and the RA has not agreed to
a waiver of the deadline, the RA may, within 35 days, file
an appeal to the Board. Appeals to the Board shall be in
the manner provided for the review of permit decisions in
Section 40 of this Act.
(e) Standard of review. In making determinations, the
following factors, and additional factors as may be adopted by
the Board in accordance with Section 58.11, shall be
considered by the Agency when reviewing or approving plans,
reports, and related activities, or the RELPEG, when reviewing
plans, reports, and related activities:
(1) Site Investigation Reports and related activities:
Whether investigations have been conducted and the results
compiled in accordance with the appropriate procedures and
whether the interpretations and conclusions reached are
supported by the information gathered. In making the
determination, the following factors shall be considered:
(A) The adequacy of the description of the site
and site characteristics that were used to evaluate
the site;
(B) The adequacy of the investigation of potential
pathways and risks to receptors identified at the
site; and
(C) The appropriateness of the sampling and
analysis used.
(2) Remediation Objectives Reports: Whether the
remediation objectives are consistent with the
requirements of the applicable method for selecting or
determining remediation objectives under Section 58.5. In
making the determination, the following factors shall be
considered:
(A) If the objectives were based on the
determination of area background levels under
subsection (b) of Section 58.5, whether the review of
current and historic conditions at or in the immediate
vicinity of the site has been thorough and whether the
site sampling and analysis has been performed in a
manner resulting in accurate determinations;
(B) If the objectives were calculated on the basis
of predetermined equations using site specific data,
whether the calculations were accurately performed and
whether the site specific data reflect actual site
conditions; and
(C) If the objectives were determined using a site
specific risk assessment procedure, whether the
procedure used is nationally recognized and accepted,
whether the calculations were accurately performed,
and whether the site specific data reflect actual site
conditions.
(3) Remedial Action Plans and related activities:
Whether the plan will result in compliance with this
Title, and rules adopted under it and attainment of the
applicable remediation objectives. In making the
determination, the following factors shall be considered:
(A) The likelihood that the plan will result in
the attainment of the applicable remediation
objectives;
(B) Whether the activities proposed are consistent
with generally accepted engineering practices; and
(C) The management of risk relative to any
remaining contamination, including but not limited to,
provisions for the long-term enforcement, operation,
and maintenance of institutional and engineering
controls, if relied on.
(4) Remedial Action Completion Reports and related
activities: Whether the remedial activities have been
completed in accordance with the approved Remedial Action
Plan and whether the applicable remediation objectives
have been attained.
(f) All plans and reports submitted for review shall
include a Licensed Professional Engineer's certification that
all investigations and remedial activities were carried out
under his or her direction and, to the best of his or her
knowledge and belief, the work described in the plan or report
has been completed in accordance with generally accepted
engineering practices, and the information presented is
accurate and complete. In the case of a site investigation
report prepared or supervised by a Licensed Professional
Geologist, the required certification may be made by the
Licensed Professional Geologist (rather than a Licensed
Professional Engineer) and based upon generally accepted
principles of professional geology.
(g) In accordance with Section 58.11, the Agency shall
propose and the Board shall adopt rules to carry out the
purposes of this Section. At a minimum, the rules shall detail
the types of services the Agency may provide in response to
requests under subdivision (b) (1) of this Section and the
recordkeeping it will utilize in documenting to the RA the
costs incurred by the Agency in providing such services.
(h) Public participation.
(1) The Agency shall develop guidance to assist RA's
in the implementation of a community relations plan to
address activity at sites undergoing remedial action
pursuant to this Title.
(2) The RA may elect to enter into a services
agreement with the Agency for Agency assistance in
community outreach efforts.
(3) The Agency shall maintain a registry listing those
sites undergoing remedial action pursuant to this Title.
(4) Notwithstanding any provisions of this Section,
the RA of a site undergoing remedial activity pursuant to
this Title may elect to initiate a community outreach
effort for the site.
(i) Notwithstanding any other provision of this Title, the
Agency is not required to take action on any submission under
this Title from or on behalf of an RA if the RA has failed to
pay all fees due pursuant to an invoice or other request or
demand for payment under this Title. Any deadline for Agency
action on such a submission shall be tolled until the fees due
are paid in full.
(Source: P.A. 95-331, eff. 8-21-07.)