Illinois 2023-2024 Regular Session

Illinois House Bill HB2901 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	Public Act 103-0172
2	1		HB2901 EnrolledLRB103 26825 CPF 53189 b HB2901 Enrolled LRB103 26825 CPF 53189 b
3	2		HB2901 Enrolled LRB103 26825 CPF 53189 b
4		-	AN ACT concerning safety.
5		-	Be it enacted by the People of the State of Illinois,
6		-	represented in the General Assembly:
7		-	Section 5. The Environmental Protection Act is amended by
8		-	changing Sections 58.2 and 58.7 as follows:
9		-	(415 ILCS 5/58.2)
10		-	Sec. 58.2. Definitions. The following words and phrases
11		-	when used in this Title shall have the meanings given to them
12		-	in this Section unless the context clearly indicates
13		-	otherwise:
14		-	"Agrichemical facility" means a site on which agricultural
15		-	pesticides are stored or handled, or both, in preparation for
16		-	end use, or distributed. The term does not include basic
17		-	manufacturing facility sites.
18		-	"ASTM" means the American Society for Testing and
19		-	Materials.
20		-	"Area background" means concentrations of regulated
21		-	substances that are consistently present in the environment in
22		-	the vicinity of a site that are the result of natural
23		-	conditions or human activities, and not the result solely of
24		-	releases at the site.
25		-	"Brownfields site" or "brownfields" means a parcel of real
26		-	property, or a portion of the parcel, that has actual or
	3	+	1 AN ACT concerning safety.
	4	+	2 Be it enacted by the People of the State of Illinois,
	5	+	3 represented in the General Assembly:
	6	+	4 Section 5. The Environmental Protection Act is amended by
	7	+	5 changing Sections 58.2 and 58.7 as follows:
	8	+	6 (415 ILCS 5/58.2)
	9	+	7 Sec. 58.2. Definitions. The following words and phrases
	10	+	8 when used in this Title shall have the meanings given to them
	11	+	9 in this Section unless the context clearly indicates
	12	+	10 otherwise:
	13	+	11 "Agrichemical facility" means a site on which agricultural
	14	+	12 pesticides are stored or handled, or both, in preparation for
	15	+	13 end use, or distributed. The term does not include basic
	16	+	14 manufacturing facility sites.
	17	+	15 "ASTM" means the American Society for Testing and
	18	+	16 Materials.
	19	+	17 "Area background" means concentrations of regulated
	20	+	18 substances that are consistently present in the environment in
	21	+	19 the vicinity of a site that are the result of natural
	22	+	20 conditions or human activities, and not the result solely of
	23	+	21 releases at the site.
	24	+	22 "Brownfields site" or "brownfields" means a parcel of real
	25	+	23 property, or a portion of the parcel, that has actual or
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33		-	perceived contamination and an active potential for
34		-	redevelopment.
35		-	"Class I groundwater" means groundwater that meets the
36		-	Class I Potable Resource groundwater criteria set forth in the
37		-	Board rules adopted under the Illinois Groundwater Protection
38		-	Act.
39		-	"Class III groundwater" means groundwater that meets the
40		-	Class III Special Resource Groundwater criteria set forth in
41		-	the Board rules adopted under the Illinois Groundwater
42		-	Protection Act.
43		-	"Carcinogen" means a contaminant that is classified as a
44		-	Category A1 or A2 Carcinogen by the American Conference of
45		-	Governmental Industrial Hygienists; or a Category 1 or 2A/2B
46		-	Carcinogen by the World Health Organizations International
47		-	Agency for Research on Cancer; or a "Human Carcinogen" or
48		-	"Anticipated Human Carcinogen" by the United States Department
49		-	of Health and Human Service National Toxicological Program; or
50		-	a Category A or B1/B2 Carcinogen by the United States
51		-	Environmental Protection Agency in Integrated Risk Information
52		-	System or a Final Rule issued in a Federal Register notice by
53		-	the USEPA as of the effective date of this amendatory Act of
54		-	1995.
55		-	"Licensed Professional Engineer" (LPE) means a person,
56		-	corporation, or partnership licensed under the laws of this
57		-	State to practice professional engineering.
58		-	"Licensed Professional Geologist" means a person licensed
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	34	+	1 perceived contamination and an active potential for
	35	+	2 redevelopment.
	36	+	3 "Class I groundwater" means groundwater that meets the
	37	+	4 Class I Potable Resource groundwater criteria set forth in the
	38	+	5 Board rules adopted under the Illinois Groundwater Protection
	39	+	6 Act.
	40	+	7 "Class III groundwater" means groundwater that meets the
	41	+	8 Class III Special Resource Groundwater criteria set forth in
	42	+	9 the Board rules adopted under the Illinois Groundwater
	43	+	10 Protection Act.
	44	+	11 "Carcinogen" means a contaminant that is classified as a
	45	+	12 Category A1 or A2 Carcinogen by the American Conference of
	46	+	13 Governmental Industrial Hygienists; or a Category 1 or 2A/2B
	47	+	14 Carcinogen by the World Health Organizations International
	48	+	15 Agency for Research on Cancer; or a "Human Carcinogen" or
	49	+	16 "Anticipated Human Carcinogen" by the United States Department
	50	+	17 of Health and Human Service National Toxicological Program; or
	51	+	18 a Category A or B1/B2 Carcinogen by the United States
	52	+	19 Environmental Protection Agency in Integrated Risk Information
	53	+	20 System or a Final Rule issued in a Federal Register notice by
	54	+	21 the USEPA as of the effective date of this amendatory Act of
	55	+	22 1995.
	56	+	23 "Licensed Professional Engineer" (LPE) means a person,
	57	+	24 corporation, or partnership licensed under the laws of this
	58	+	25 State to practice professional engineering.
	59	+	26 "Licensed Professional Geologist" means a person licensed
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61		-	under the laws of the State of Illinois to practice as a
62		-	professional geologist.
63		-	"RELPEG" means a Licensed Professional Engineer or a
64		-	Licensed Professional Geologist engaged in review and
65		-	evaluation under this Title.
66		-	"Man-made pathway" means constructed routes that may allow
67		-	for the transport of regulated substances including, but not
68		-	limited to, sewers, utility lines, utility vaults, building
69		-	foundations, basements, crawl spaces, drainage ditches, or
70		-	previously excavated and filled areas.
71		-	"Municipality" means an incorporated city, village, or
72		-	town in this State. "Municipality" does not mean a township,
73		-	town when that term is used as the equivalent of a township,
74		-	incorporated town that has superseded a civil township,
75		-	county, or school district, park district, sanitary district,
76		-	or similar governmental district.
77		-	"Natural pathway" means natural routes for the transport
78		-	of regulated substances including, but not limited to, soil,
79		-	groundwater, sand seams and lenses, and gravel seams and
80		-	lenses.
81		-	"Person" means individual, trust, firm, joint stock
82		-	company, joint venture, consortium, commercial entity,
83		-	corporation (including a government corporation), partnership,
84		-	association, State, municipality, commission, political
85		-	subdivision of a State, or any interstate body including the
86		-	United States Government and each department, agency, and
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89		-	instrumentality of the United States.
90		-	"Regulated substance" means any hazardous substance as
91		-	defined under Section 101(14) of the Comprehensive
92		-	Environmental Response, Compensation, and Liability Act of
93		-	1980 (P.L. 96-510) and petroleum products including crude oil
94		-	or any fraction thereof, natural gas, natural gas liquids,
95		-	liquefied natural gas, or synthetic gas usable for fuel (or
96		-	mixtures of natural gas and such synthetic gas).
97		-	"Remedial action" means activities associated with
98		-	compliance with the provisions of Sections 58.6 and 58.7.
99		-	"Remediation Applicant" (RA) means any person seeking to
100		-	perform or performing investigative or remedial activities
101		-	under this Title, including an the owner or operator of the
102		-	site or a person persons authorized by law or consent to act on
103		-	behalf of or in lieu of an the owner or operator of the site.
104		-	"Remediation costs" means reasonable costs paid for
105		-	investigating and remediating regulated substances of concern
106		-	consistent with the remedy selected for a site.
107		-	For purposes of Section 58.14, "remediation costs" shall
108		-	not include costs incurred prior to January 1, 1998, costs
109		-	incurred after the issuance of a No Further Remediation Letter
110		-	under Section 58.10 of this Act, or costs incurred more than 12
111		-	months prior to acceptance into the Site Remediation Program.
112		-	For the purpose of Section 58.14a, "remediation costs" do
113		-	not include any costs incurred before January 1, 2007, any
114		-	costs incurred after the issuance of a No Further Remediation
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117		-	Letter under Section 58.10, or any costs incurred more than 12
118		-	months before acceptance into the Site Remediation Program.
119		-	"Residential property" means any real property that is
120		-	used for habitation by individuals and other property uses
121		-	defined by Board rules such as education, health care, child
122		-	care and related uses.
123		-	"River Edge Redevelopment Zone" has the meaning set forth
124		-	under the River Edge Redevelopment Zone Act.
125		-	"Site" means any single location, place, tract of land or
126		-	parcel of property, or portion thereof, including contiguous
127		-	property separated by a public right-of-way.
128		-	"Regulated substance of concern" means any contaminant
129		-	that is expected to be present at the site based upon past and
130		-	current land uses and associated releases that are known to
131		-	the Remediation Applicant based upon reasonable inquiry.
132		-	(Source: P.A. 95-454, eff. 8-27-07.)
133		-	(415 ILCS 5/58.7)
134		-	Sec. 58.7. Review and approvals.
135		-	(a) Requirements. All plans and reports that are submitted
136		-	pursuant to this Title shall be submitted for review or
137		-	approval in accordance with this Section.
138		-	(b) Review and evaluation by the Agency.
139		-	(1) Except for sites excluded under subdivision (a)
140		-	(2) of Section 58.1, the Agency shall, subject to
141		-	available resources, agree to provide review and
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	70	+	1 under the laws of the State of Illinois to practice as a
	71	+	2 professional geologist.
	72	+	3 "RELPEG" means a Licensed Professional Engineer or a
	73	+	4 Licensed Professional Geologist engaged in review and
	74	+	5 evaluation under this Title.
	75	+	6 "Man-made pathway" means constructed routes that may allow
	76	+	7 for the transport of regulated substances including, but not
	77	+	8 limited to, sewers, utility lines, utility vaults, building
	78	+	9 foundations, basements, crawl spaces, drainage ditches, or
	79	+	10 previously excavated and filled areas.
	80	+	11 "Municipality" means an incorporated city, village, or
	81	+	12 town in this State. "Municipality" does not mean a township,
	82	+	13 town when that term is used as the equivalent of a township,
	83	+	14 incorporated town that has superseded a civil township,
	84	+	15 county, or school district, park district, sanitary district,
	85	+	16 or similar governmental district.
	86	+	17 "Natural pathway" means natural routes for the transport
	87	+	18 of regulated substances including, but not limited to, soil,
	88	+	19 groundwater, sand seams and lenses, and gravel seams and
	89	+	20 lenses.
	90	+	21 "Person" means individual, trust, firm, joint stock
	91	+	22 company, joint venture, consortium, commercial entity,
	92	+	23 corporation (including a government corporation), partnership,
	93	+	24 association, State, municipality, commission, political
	94	+	25 subdivision of a State, or any interstate body including the
	95	+	26 United States Government and each department, agency, and
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144		-	evaluation services for activities carried out pursuant to
145		-	this Title for which the RA requested the services in
146		-	writing. As a condition for providing such services, the
147		-	Agency may require that the RA for a site:
148		-	(A) Conform with the procedures of this Title;
149		-	(B) Allow for or otherwise arrange site visits or
150		-	other site evaluation by the Agency when so requested;
151		-	(C) Agree to perform the Remedial Action Plan as
152		-	approved under this Title;
153		-	(D) Agree to pay any reasonable costs incurred and
154		-	documented by the Agency in providing such services;
155		-	(E) Make an advance partial payment to the Agency
156		-	for such anticipated services in the an amount of
157		-	$2,500 , acceptable to the Agency, but not to exceed
158		-	$5,000 or one-half of the total anticipated costs of
159		-	the Agency, whichever sum is less; and
160		-	(F) Demonstrate, if necessary, authority to act on
161		-	behalf of or in lieu of the owner or operator.
162		-	(2) Any moneys received by the State for costs
163		-	incurred by the Agency in performing review or evaluation
164		-	services for actions conducted pursuant to this Title
165		-	shall be deposited in the Hazardous Waste Fund.
166		-	(3) An RA requesting services under subdivision (b)
167		-	(1) of this Section may, at any time, notify the Agency, in
168		-	writing, that Agency services previously requested are no
169		-	longer wanted. Within 180 days after receipt of the
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172		-	notice, the Agency shall provide the RA with a final
173		-	invoice for services provided until the date of such
174		-	notifications.
175		-	(4) The Agency may invoice or otherwise request or
176		-	demand payment from a RA for costs incurred by the Agency
177		-	in performing review or evaluation services for actions by
178		-	the RA at sites only if:
179		-	(A) The Agency has incurred costs in performing
180		-	response actions, other than review or evaluation
181		-	services, due to the failure of the RA to take response
182		-	action in accordance with a notice issued pursuant to
183		-	this Act;
184		-	(B) The RA has agreed in writing to the payment of
185		-	such costs;
186		-	(C) The RA has been ordered to pay such costs by
187		-	the Board or a court of competent jurisdiction
188		-	pursuant to this Act; or
189		-	(D) The RA has requested or has consented to
190		-	Agency review or evaluation services under subdivision
191		-	(b) (1) of this Section.
192		-	(5) The Agency may, subject to available resources,
193		-	agree to provide review and evaluation services for
194		-	response actions if there is a written agreement among
195		-	parties to a legal action or if a notice to perform a
196		-	response action has been issued by the Agency.
197		-	(c) Review and evaluation by a RELPEG Licensed
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200		-	Professional Engineer or Licensed Professional Geologist. A RA
201		-	may elect to contract with a Licensed Professional Engineer
202		-	or, in the case of a site investigation report only, a Licensed
203		-	Professional Geologist, who will perform review and evaluation
204		-	services on behalf of and under the direction of the Agency
205		-	relative to the site activities.
206		-	(1) Prior to entering into the contract with the
207		-	RELPEG, the RA shall notify the Agency of the RELPEG to be
208		-	selected. The Agency and the RA shall discuss the
209		-	potential terms of the contract.
210		-	(2) At a minimum, the contract with the RELPEG shall
211		-	provide that the RELPEG will submit any reports directly
212		-	to the Agency, will take his or her directions for work
213		-	assignments from the Agency, and will perform the assigned
214		-	work on behalf of the Agency.
215		-	(3) Reasonable costs incurred by the Agency shall be
216		-	paid by the RA directly to the Agency in accordance with
217		-	the terms of the review and evaluation services agreement
218		-	entered into under subdivision (b) (1) of Section 58.7.
219		-	(4) In no event shall the RELPEG acting on behalf of
220		-	the Agency be an employee of the RA or the owner or
221		-	operator of the site or be an employee of any other person
222		-	the RA has contracted to provide services relative to the
223		-	site.
224		-	(d) Review and approval. All reviews required under this
225		-	Title shall be carried out by the Agency or a RELPEG contracted
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	106	+	1 instrumentality of the United States.
	107	+	2 "Regulated substance" means any hazardous substance as
	108	+	3 defined under Section 101(14) of the Comprehensive
	109	+	4 Environmental Response, Compensation, and Liability Act of
	110	+	5 1980 (P.L. 96-510) and petroleum products including crude oil
	111	+	6 or any fraction thereof, natural gas, natural gas liquids,
	112	+	7 liquefied natural gas, or synthetic gas usable for fuel (or
	113	+	8 mixtures of natural gas and such synthetic gas).
	114	+	9 "Remedial action" means activities associated with
	115	+	10 compliance with the provisions of Sections 58.6 and 58.7.
	116	+	11 "Remediation Applicant" (RA) means any person seeking to
	117	+	12 perform or performing investigative or remedial activities
	118	+	13 under this Title, including an the owner or operator of the
	119	+	14 site or a person persons authorized by law or consent to act on
	120	+	15 behalf of or in lieu of an the owner or operator of the site.
	121	+	16 "Remediation costs" means reasonable costs paid for
	122	+	17 investigating and remediating regulated substances of concern
	123	+	18 consistent with the remedy selected for a site.
	124	+	19 For purposes of Section 58.14, "remediation costs" shall
	125	+	20 not include costs incurred prior to January 1, 1998, costs
	126	+	21 incurred after the issuance of a No Further Remediation Letter
	127	+	22 under Section 58.10 of this Act, or costs incurred more than 12
	128	+	23 months prior to acceptance into the Site Remediation Program.
	129	+	24 For the purpose of Section 58.14a, "remediation costs" do
	130	+	25 not include any costs incurred before January 1, 2007, any
	131	+	26 costs incurred after the issuance of a No Further Remediation
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228		-	by the RA pursuant to subsection (c) , both under the direction
229		-	of a Licensed Professional Engineer or, in the case of the
230		-	review of a site investigation only, a Licensed Professional
231		-	Geologist.
232		-	(1) All review activities conducted by the Agency or a
233		-	RELPEG shall be carried out in conformance with this Title
234		-	and rules promulgated under Section 58.11.
235		-	(2) Subject to the limitations in subsection (c) and
236		-	this subsection (d), the specific plans, reports, and
237		-	activities that the Agency or a RELPEG may review include:
238		-	(A) Site Investigation Reports and related
239		-	activities;
240		-	(B) Remediation Objectives Reports;
241		-	(C) Remedial Action Plans and related activities;
242		-	and
243		-	(D) Remedial Action Completion Reports and related
244		-	activities.
245		-	(3) Only the Agency shall have the authority to
246		-	approve, disapprove, or approve with conditions a plan or
247		-	report as a result of the review process including those
248		-	plans and reports reviewed by a RELPEG. If the Agency
249		-	disapproves a plan or report or approves a plan or report
250		-	with conditions, the written notification required by
251		-	subdivision (d) (4) of this Section shall contain the
252		-	following information, as applicable:
253		-	(A) An explanation of the Sections of this Title
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256		-	that may be violated if the plan or report was
257		-	approved;
258		-	(B) An explanation of the provisions of the rules
259		-	promulgated under this Title that may be violated if
260		-	the plan or report was approved;
261		-	(C) An explanation of the specific type of
262		-	information, if any, that the Agency deems the
263		-	applicant did not provide the Agency;
264		-	(D) A statement of specific reasons why the Title
265		-	and regulations might not be met if the plan or report
266		-	were approved; and
267		-	(E) An explanation of the reasons for conditions
268		-	if conditions are required.
269		-	(4) Upon approving, disapproving, or approving with
270		-	conditions a plan or report, the Agency shall notify the
271		-	RA in writing of its decision. In the case of approval or
272		-	approval with conditions of a Remedial Action Completion
273		-	Report, the Agency shall prepare a No Further Remediation
274		-	Letter that meets the requirements of Section 58.10 and
275		-	send a copy of the letter to the RA.
276		-	(5) All reviews undertaken by the Agency or a RELPEG
277		-	shall be completed and the decisions communicated to the
278		-	RA within 60 days of the request for review or approval of
279		-	a single plan or report and within 90 days after the
280		-	request for review or approval of 2 or more plans or
281		-	reports submitted concurrently. The RA may waive the
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284		-	deadline upon a request from the Agency. If the Agency
285		-	disapproves or approves with conditions a plan or report
286		-	or fails to issue a final decision within the applicable
287		-	60-day or 90-day 60 day period and the RA has not agreed to
288		-	a waiver of the deadline, the RA may, within 35 days, file
289		-	an appeal to the Board. Appeals to the Board shall be in
290		-	the manner provided for the review of permit decisions in
291		-	Section 40 of this Act.
292		-	(e) Standard of review. In making determinations, the
293		-	following factors, and additional factors as may be adopted by
294		-	the Board in accordance with Section 58.11, shall be
295		-	considered by the Agency when reviewing or approving plans,
296		-	reports, and related activities, or the RELPEG, when reviewing
297		-	plans, reports, and related activities:
298		-	(1) Site Investigation Reports and related activities:
299		-	Whether investigations have been conducted and the results
300		-	compiled in accordance with the appropriate procedures and
301		-	whether the interpretations and conclusions reached are
302		-	supported by the information gathered. In making the
303		-	determination, the following factors shall be considered:
304		-	(A) The adequacy of the description of the site
305		-	and site characteristics that were used to evaluate
306		-	the site;
307		-	(B) The adequacy of the investigation of potential
308		-	pathways and risks to receptors identified at the
309		-	site; and
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	142	+	1 Letter under Section 58.10, or any costs incurred more than 12
	143	+	2 months before acceptance into the Site Remediation Program.
	144	+	3 "Residential property" means any real property that is
	145	+	4 used for habitation by individuals and other property uses
	146	+	5 defined by Board rules such as education, health care, child
	147	+	6 care and related uses.
	148	+	7 "River Edge Redevelopment Zone" has the meaning set forth
	149	+	8 under the River Edge Redevelopment Zone Act.
	150	+	9 "Site" means any single location, place, tract of land or
	151	+	10 parcel of property, or portion thereof, including contiguous
	152	+	11 property separated by a public right-of-way.
	153	+	12 "Regulated substance of concern" means any contaminant
	154	+	13 that is expected to be present at the site based upon past and
	155	+	14 current land uses and associated releases that are known to
	156	+	15 the Remediation Applicant based upon reasonable inquiry.
	157	+	16 (Source: P.A. 95-454, eff. 8-27-07.)
	158	+	17 (415 ILCS 5/58.7)
	159	+	18 Sec. 58.7. Review and approvals.
	160	+	19 (a) Requirements. All plans and reports that are submitted
	161	+	20 pursuant to this Title shall be submitted for review or
	162	+	21 approval in accordance with this Section.
	163	+	22 (b) Review and evaluation by the Agency.
	164	+	23 (1) Except for sites excluded under subdivision (a)
	165	+	24 (2) of Section 58.1, the Agency shall, subject to
	166	+	25 available resources, agree to provide review and
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312		-	(C) The appropriateness of the sampling and
313		-	analysis used.
314		-	(2) Remediation Objectives Reports: Whether the
315		-	remediation objectives are consistent with the
316		-	requirements of the applicable method for selecting or
317		-	determining remediation objectives under Section 58.5. In
318		-	making the determination, the following factors shall be
319		-	considered:
320		-	(A) If the objectives were based on the
321		-	determination of area background levels under
322		-	subsection (b) of Section 58.5, whether the review of
323		-	current and historic conditions at or in the immediate
324		-	vicinity of the site has been thorough and whether the
325		-	site sampling and analysis has been performed in a
326		-	manner resulting in accurate determinations;
327		-	(B) If the objectives were calculated on the basis
328		-	of predetermined equations using site specific data,
329		-	whether the calculations were accurately performed and
330		-	whether the site specific data reflect actual site
331		-	conditions; and
332		-	(C) If the objectives were determined using a site
333		-	specific risk assessment procedure, whether the
334		-	procedure used is nationally recognized and accepted,
335		-	whether the calculations were accurately performed,
336		-	and whether the site specific data reflect actual site
337		-	conditions.
338	169
339	170
340		-	(3) Remedial Action Plans and related activities:
341		-	Whether the plan will result in compliance with this
342		-	Title, and rules adopted under it and attainment of the
343		-	applicable remediation objectives. In making the
344		-	determination, the following factors shall be considered:
345		-	(A) The likelihood that the plan will result in
346		-	the attainment of the applicable remediation
347		-	objectives;
348		-	(B) Whether the activities proposed are consistent
349		-	with generally accepted engineering practices; and
350		-	(C) The management of risk relative to any
351		-	remaining contamination, including but not limited to,
352		-	provisions for the long-term enforcement, operation,
353		-	and maintenance of institutional and engineering
354		-	controls, if relied on.
355		-	(4) Remedial Action Completion Reports and related
356		-	activities: Whether the remedial activities have been
357		-	completed in accordance with the approved Remedial Action
358		-	Plan and whether the applicable remediation objectives
359		-	have been attained.
360		-	(f) All plans and reports submitted for review shall
361		-	include a Licensed Professional Engineer's certification that
362		-	all investigations and remedial activities were carried out
363		-	under his or her direction and, to the best of his or her
364		-	knowledge and belief, the work described in the plan or report
365		-	has been completed in accordance with generally accepted
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366	173
367	174
368		-	engineering practices, and the information presented is
369		-	accurate and complete. In the case of a site investigation
370		-	report prepared or supervised by a Licensed Professional
371		-	Geologist, the required certification may be made by the
372		-	Licensed Professional Geologist (rather than a Licensed
373		-	Professional Engineer) and based upon generally accepted
374		-	principles of professional geology.
375		-	(g) In accordance with Section 58.11, the Agency shall
376		-	propose and the Board shall adopt rules to carry out the
377		-	purposes of this Section. At a minimum, the rules shall detail
378		-	the types of services the Agency may provide in response to
379		-	requests under subdivision (b) (1) of this Section and the
380		-	recordkeeping it will utilize in documenting to the RA the
381		-	costs incurred by the Agency in providing such services.
382		-	(h) Public participation.
383		-	(1) The Agency shall develop guidance to assist RA's
384		-	in the implementation of a community relations plan to
385		-	address activity at sites undergoing remedial action
386		-	pursuant to this Title.
387		-	(2) The RA may elect to enter into a services
388		-	agreement with the Agency for Agency assistance in
389		-	community outreach efforts.
390		-	(3) The Agency shall maintain a registry listing those
391		-	sites undergoing remedial action pursuant to this Title.
392		-	(4) Notwithstanding any provisions of this Section,
393		-	the RA of a site undergoing remedial activity pursuant to
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	177	+	1 evaluation services for activities carried out pursuant to
	178	+	2 this Title for which the RA requested the services in
	179	+	3 writing. As a condition for providing such services, the
	180	+	4 Agency may require that the RA for a site:
	181	+	5 (A) Conform with the procedures of this Title;
	182	+	6 (B) Allow for or otherwise arrange site visits or
	183	+	7 other site evaluation by the Agency when so requested;
	184	+	8 (C) Agree to perform the Remedial Action Plan as
	185	+	9 approved under this Title;
	186	+	10 (D) Agree to pay any reasonable costs incurred and
	187	+	11 documented by the Agency in providing such services;
	188	+	12 (E) Make an advance partial payment to the Agency
	189	+	13 for such anticipated services in the an amount of
	190	+	14 $2,500 , acceptable to the Agency, but not to exceed
	191	+	15 $5,000 or one-half of the total anticipated costs of
	192	+	16 the Agency, whichever sum is less; and
	193	+	17 (F) Demonstrate, if necessary, authority to act on
	194	+	18 behalf of or in lieu of the owner or operator.
	195	+	19 (2) Any moneys received by the State for costs
	196	+	20 incurred by the Agency in performing review or evaluation
	197	+	21 services for actions conducted pursuant to this Title
	198	+	22 shall be deposited in the Hazardous Waste Fund.
	199	+	23 (3) An RA requesting services under subdivision (b)
	200	+	24 (1) of this Section may, at any time, notify the Agency, in
	201	+	25 writing, that Agency services previously requested are no
	202	+	26 longer wanted. Within 180 days after receipt of the
394	203
395	204
396		-	this Title may elect to initiate a community outreach
397		-	effort for the site.
398		-	(i) Notwithstanding any other provision of this Title, the
399		-	Agency is not required to take action on any submission under
400		-	this Title from or on behalf of an RA if the RA has failed to
401		-	pay all fees due pursuant to an invoice or other request or
402		-	demand for payment under this Title. Any deadline for Agency
403		-	action on such a submission shall be tolled until the fees due
404		-	are paid in full.
405		-	(Source: P.A. 95-331, eff. 8-21-07.)
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	213	+	1 notice, the Agency shall provide the RA with a final
	214	+	2 invoice for services provided until the date of such
	215	+	3 notifications.
	216	+	4 (4) The Agency may invoice or otherwise request or
	217	+	5 demand payment from a RA for costs incurred by the Agency
	218	+	6 in performing review or evaluation services for actions by
	219	+	7 the RA at sites only if:
	220	+	8 (A) The Agency has incurred costs in performing
	221	+	9 response actions, other than review or evaluation
	222	+	10 services, due to the failure of the RA to take response
	223	+	11 action in accordance with a notice issued pursuant to
	224	+	12 this Act;
	225	+	13 (B) The RA has agreed in writing to the payment of
	226	+	14 such costs;
	227	+	15 (C) The RA has been ordered to pay such costs by
	228	+	16 the Board or a court of competent jurisdiction
	229	+	17 pursuant to this Act; or
	230	+	18 (D) The RA has requested or has consented to
	231	+	19 Agency review or evaluation services under subdivision
	232	+	20 (b) (1) of this Section.
	233	+	21 (5) The Agency may, subject to available resources,
	234	+	22 agree to provide review and evaluation services for
	235	+	23 response actions if there is a written agreement among
	236	+	24 parties to a legal action or if a notice to perform a
	237	+	25 response action has been issued by the Agency.
	238	+	26 (c) Review and evaluation by a RELPEG Licensed
	239	+
	240	+
	241	+
	242	+
	243	+
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	245	+
	246	+
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	249	+	1 Professional Engineer or Licensed Professional Geologist. A RA
	250	+	2 may elect to contract with a Licensed Professional Engineer
	251	+	3 or, in the case of a site investigation report only, a Licensed
	252	+	4 Professional Geologist, who will perform review and evaluation
	253	+	5 services on behalf of and under the direction of the Agency
	254	+	6 relative to the site activities.
	255	+	7 (1) Prior to entering into the contract with the
	256	+	8 RELPEG, the RA shall notify the Agency of the RELPEG to be
	257	+	9 selected. The Agency and the RA shall discuss the
	258	+	10 potential terms of the contract.
	259	+	11 (2) At a minimum, the contract with the RELPEG shall
	260	+	12 provide that the RELPEG will submit any reports directly
	261	+	13 to the Agency, will take his or her directions for work
	262	+	14 assignments from the Agency, and will perform the assigned
	263	+	15 work on behalf of the Agency.
	264	+	16 (3) Reasonable costs incurred by the Agency shall be
	265	+	17 paid by the RA directly to the Agency in accordance with
	266	+	18 the terms of the review and evaluation services agreement
	267	+	19 entered into under subdivision (b) (1) of Section 58.7.
	268	+	20 (4) In no event shall the RELPEG acting on behalf of
	269	+	21 the Agency be an employee of the RA or the owner or
	270	+	22 operator of the site or be an employee of any other person
	271	+	23 the RA has contracted to provide services relative to the
	272	+	24 site.
	273	+	25 (d) Review and approval. All reviews required under this
	274	+	26 Title shall be carried out by the Agency or a RELPEG contracted
	275	+
	276	+
	277	+
	278	+
	279	+
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	281	+
	282	+
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	285	+	1 by the RA pursuant to subsection (c) , both under the direction
	286	+	2 of a Licensed Professional Engineer or, in the case of the
	287	+	3 review of a site investigation only, a Licensed Professional
	288	+	4 Geologist.
	289	+	5 (1) All review activities conducted by the Agency or a
	290	+	6 RELPEG shall be carried out in conformance with this Title
	291	+	7 and rules promulgated under Section 58.11.
	292	+	8 (2) Subject to the limitations in subsection (c) and
	293	+	9 this subsection (d), the specific plans, reports, and
	294	+	10 activities that the Agency or a RELPEG may review include:
	295	+	11 (A) Site Investigation Reports and related
	296	+	12 activities;
	297	+	13 (B) Remediation Objectives Reports;
	298	+	14 (C) Remedial Action Plans and related activities;
	299	+	15 and
	300	+	16 (D) Remedial Action Completion Reports and related
	301	+	17 activities.
	302	+	18 (3) Only the Agency shall have the authority to
	303	+	19 approve, disapprove, or approve with conditions a plan or
	304	+	20 report as a result of the review process including those
	305	+	21 plans and reports reviewed by a RELPEG. If the Agency
	306	+	22 disapproves a plan or report or approves a plan or report
	307	+	23 with conditions, the written notification required by
	308	+	24 subdivision (d) (4) of this Section shall contain the
	309	+	25 following information, as applicable:
	310	+	26 (A) An explanation of the Sections of this Title
	311	+
	312	+
	313	+
	314	+
	315	+
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	317	+
	318	+
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	320	+	HB2901 Enrolled - 10 - LRB103 26825 CPF 53189 b
	321	+	1 that may be violated if the plan or report was
	322	+	2 approved;
	323	+	3 (B) An explanation of the provisions of the rules
	324	+	4 promulgated under this Title that may be violated if
	325	+	5 the plan or report was approved;
	326	+	6 (C) An explanation of the specific type of
	327	+	7 information, if any, that the Agency deems the
	328	+	8 applicant did not provide the Agency;
	329	+	9 (D) A statement of specific reasons why the Title
	330	+	10 and regulations might not be met if the plan or report
	331	+	11 were approved; and
	332	+	12 (E) An explanation of the reasons for conditions
	333	+	13 if conditions are required.
	334	+	14 (4) Upon approving, disapproving, or approving with
	335	+	15 conditions a plan or report, the Agency shall notify the
	336	+	16 RA in writing of its decision. In the case of approval or
	337	+	17 approval with conditions of a Remedial Action Completion
	338	+	18 Report, the Agency shall prepare a No Further Remediation
	339	+	19 Letter that meets the requirements of Section 58.10 and
	340	+	20 send a copy of the letter to the RA.
	341	+	21 (5) All reviews undertaken by the Agency or a RELPEG
	342	+	22 shall be completed and the decisions communicated to the
	343	+	23 RA within 60 days of the request for review or approval of
	344	+	24 a single plan or report and within 90 days after the
	345	+	25 request for review or approval of 2 or more plans or
	346	+	26 reports submitted concurrently. The RA may waive the
	347	+
	348	+
	349	+
	350	+
	351	+
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	353	+
	354	+
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	357	+	1 deadline upon a request from the Agency. If the Agency
	358	+	2 disapproves or approves with conditions a plan or report
	359	+	3 or fails to issue a final decision within the applicable
	360	+	4 60-day or 90-day 60 day period and the RA has not agreed to
	361	+	5 a waiver of the deadline, the RA may, within 35 days, file
	362	+	6 an appeal to the Board. Appeals to the Board shall be in
	363	+	7 the manner provided for the review of permit decisions in
	364	+	8 Section 40 of this Act.
	365	+	9 (e) Standard of review. In making determinations, the
	366	+	10 following factors, and additional factors as may be adopted by
	367	+	11 the Board in accordance with Section 58.11, shall be
	368	+	12 considered by the Agency when reviewing or approving plans,
	369	+	13 reports, and related activities, or the RELPEG, when reviewing
	370	+	14 plans, reports, and related activities:
	371	+	15 (1) Site Investigation Reports and related activities:
	372	+	16 Whether investigations have been conducted and the results
	373	+	17 compiled in accordance with the appropriate procedures and
	374	+	18 whether the interpretations and conclusions reached are
	375	+	19 supported by the information gathered. In making the
	376	+	20 determination, the following factors shall be considered:
	377	+	21 (A) The adequacy of the description of the site
	378	+	22 and site characteristics that were used to evaluate
	379	+	23 the site;
	380	+	24 (B) The adequacy of the investigation of potential
	381	+	25 pathways and risks to receptors identified at the
	382	+	26 site; and
	383	+
	384	+
	385	+
	386	+
	387	+
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	389	+
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	393	+	1 (C) The appropriateness of the sampling and
	394	+	2 analysis used.
	395	+	3 (2) Remediation Objectives Reports: Whether the
	396	+	4 remediation objectives are consistent with the
	397	+	5 requirements of the applicable method for selecting or
	398	+	6 determining remediation objectives under Section 58.5. In
	399	+	7 making the determination, the following factors shall be
	400	+	8 considered:
	401	+	9 (A) If the objectives were based on the
	402	+	10 determination of area background levels under
	403	+	11 subsection (b) of Section 58.5, whether the review of
	404	+	12 current and historic conditions at or in the immediate
	405	+	13 vicinity of the site has been thorough and whether the
	406	+	14 site sampling and analysis has been performed in a
	407	+	15 manner resulting in accurate determinations;
	408	+	16 (B) If the objectives were calculated on the basis
	409	+	17 of predetermined equations using site specific data,
	410	+	18 whether the calculations were accurately performed and
	411	+	19 whether the site specific data reflect actual site
	412	+	20 conditions; and
	413	+	21 (C) If the objectives were determined using a site
	414	+	22 specific risk assessment procedure, whether the
	415	+	23 procedure used is nationally recognized and accepted,
	416	+	24 whether the calculations were accurately performed,
	417	+	25 and whether the site specific data reflect actual site
	418	+	26 conditions.
	419	+
	420	+
	421	+
	422	+
	423	+
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	425	+
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	429	+	1 (3) Remedial Action Plans and related activities:
	430	+	2 Whether the plan will result in compliance with this
	431	+	3 Title, and rules adopted under it and attainment of the
	432	+	4 applicable remediation objectives. In making the
	433	+	5 determination, the following factors shall be considered:
	434	+	6 (A) The likelihood that the plan will result in
	435	+	7 the attainment of the applicable remediation
	436	+	8 objectives;
	437	+	9 (B) Whether the activities proposed are consistent
	438	+	10 with generally accepted engineering practices; and
	439	+	11 (C) The management of risk relative to any
	440	+	12 remaining contamination, including but not limited to,
	441	+	13 provisions for the long-term enforcement, operation,
	442	+	14 and maintenance of institutional and engineering
	443	+	15 controls, if relied on.
	444	+	16 (4) Remedial Action Completion Reports and related
	445	+	17 activities: Whether the remedial activities have been
	446	+	18 completed in accordance with the approved Remedial Action
	447	+	19 Plan and whether the applicable remediation objectives
	448	+	20 have been attained.
	449	+	21 (f) All plans and reports submitted for review shall
	450	+	22 include a Licensed Professional Engineer's certification that
	451	+	23 all investigations and remedial activities were carried out
	452	+	24 under his or her direction and, to the best of his or her
	453	+	25 knowledge and belief, the work described in the plan or report
	454	+	26 has been completed in accordance with generally accepted
	455	+
	456	+
	457	+
	458	+
	459	+
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	462	+
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	465	+	1 engineering practices, and the information presented is
	466	+	2 accurate and complete. In the case of a site investigation
	467	+	3 report prepared or supervised by a Licensed Professional
	468	+	4 Geologist, the required certification may be made by the
	469	+	5 Licensed Professional Geologist (rather than a Licensed
	470	+	6 Professional Engineer) and based upon generally accepted
	471	+	7 principles of professional geology.
	472	+	8 (g) In accordance with Section 58.11, the Agency shall
	473	+	9 propose and the Board shall adopt rules to carry out the
	474	+	10 purposes of this Section. At a minimum, the rules shall detail
	475	+	11 the types of services the Agency may provide in response to
	476	+	12 requests under subdivision (b) (1) of this Section and the
	477	+	13 recordkeeping it will utilize in documenting to the RA the
	478	+	14 costs incurred by the Agency in providing such services.
	479	+	15 (h) Public participation.
	480	+	16 (1) The Agency shall develop guidance to assist RA's
	481	+	17 in the implementation of a community relations plan to
	482	+	18 address activity at sites undergoing remedial action
	483	+	19 pursuant to this Title.
	484	+	20 (2) The RA may elect to enter into a services
	485	+	21 agreement with the Agency for Agency assistance in
	486	+	22 community outreach efforts.
	487	+	23 (3) The Agency shall maintain a registry listing those
	488	+	24 sites undergoing remedial action pursuant to this Title.
	489	+	25 (4) Notwithstanding any provisions of this Section,
	490	+	26 the RA of a site undergoing remedial activity pursuant to
	491	+
	492	+
	493	+
	494	+
	495	+
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	497	+
	498	+
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	501	+	1 this Title may elect to initiate a community outreach
	502	+	2 effort for the site.
	503	+	3 (i) Notwithstanding any other provision of this Title, the
	504	+	4 Agency is not required to take action on any submission under
	505	+	5 this Title from or on behalf of an RA if the RA has failed to
	506	+	6 pay all fees due pursuant to an invoice or other request or
	507	+	7 demand for payment under this Title. Any deadline for Agency
	508	+	8 action on such a submission shall be tolled until the fees due
	509	+	9 are paid in full.
	510	+	10 (Source: P.A. 95-331, eff. 8-21-07.)
	511	+
	512	+
	513	+
	514	+
	515	+
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