Public Act 103-0172
 
HB2901 EnrolledLRB103 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 
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.)