HB0290 94TH GENERAL ASSEMBLY

LRB094 06430 RSP 36518 b

94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
HB0290

Introduced 1/18/2005, by Rep. John A. Fritchey

SYNOPSIS AS INTRODUCED:

415 ILCS 5/25d-1 new
415 ILCS 5/25d-2 new
415 ILCS 5/25d-3 new

Amends the Environmental Protection Act. Requires the Environmental Protection Agency to provide direct mail notice to all households and businesses within 2,500 feet of an area the Agency knows to be affected by certain circumstances related to the release or threat of release of a hazardous substance. Lists the circumstances when the Agency is required to give direct mail notice. States the form and content requirements for the direct mail notice. Requires the Agency to provide for the notification by newspaper under certain other circumstances related to the release or threat of release of a hazardous substance. Lists the events that require the Agency to give newspaper notification. States the form and content requirements for the newspaper notification. Provides that the Agency is not liable for the accuracy, availability, or use of the information provided by the Agency under this amendatory Act unless the Agency's act or omission constitutes willful and wanton misconduct. Effective immediately.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

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 adding Section 25d-1, 25d-2, and 25d-3 as follows:

(415 ILCS 5/25d-1 new)

Sec. 25d-1. Notification to households.

(a) Except as provided in Section 25d-2, the Agency shall give notice within 60 days to all households and businesses within 2,500 feet of the area affected by any of the following circumstances:

(1) whenever the Agency first becomes aware of the release or the threat of the release of a hazardous substance for which the Agency may assess removal or remediation costs pursuant to Section 22.2 (f);

(2) whenever the Agency, in processing an application pursuant to Section 58, becomes aware of evidence of the release of a hazardous substance that may directly and foreseeably impact ground water or that may directly and foreseeably present a risk of exposure to humans;

(3) whenever the Agency considers it appropriate to employ a community relations specialist in any capacity with respect to a release or threat of release of a hazardous substance; or

(4) whenever the Agency serves notice on a responsible party under Section 31 as a result of any significant spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, leaching, dumping, or disposing into the environment of the presence of any waste, special waste, potentially infectious medical waste, pollution control waste, industrial process waste, hazardous waste, hazardous substance, or contaminants, that may constitute an imminent or substantial endangerment to humans.

(b) At a minimum, notice shall be given by direct mail, whether by letter or postcard, and must contain the following information:

(1) the address and physical description of each site;

(2) a brief description of the events specified in subsection (a) of this Section, including, but not limited to:

(A) the presence and type of hazardous substance or chemicals released or threatened to be released;

(B) a brief description of the nature and health risks, or potential health risks, of the hazardous substance or a link to an Agency-controlled website, that is frequently updated and contains descriptions of the chemicals' nature and health risks; and

(C) whether there was any spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, leaching, dumping, or disposing of any hazardous substance into or onto the land, water, or air; and

(3) the case number of the enforcement action for which notice under Section 31 has been given.

(415 ILCS 5/25d-2 new)

Sec. 25d-2. Notification by newspaper.

(a) Except for those instances of release or threat of release specified in Section 25d-1, the Agency shall provide notice by newspaper under the standards established in subsection (b) of this Section whenever any of the following events occur:

(1) whenever the Agency first becomes aware of a site undergoing remedial action, as defined by Title XVII of this Act;

(2) whenever the Agency first becomes aware of the existence of the presence of a contaminant or hazardous substance via a notification requirement under any of the following Acts or regulations: (i) pursuant to notification required by the federal Comprehensive Environmental Response Compensation and Liability Act (CERCLA), 42 U.S.C. Sections 9603(a) and 9603(c); (ii) pursuant to actions taken under CERCLA, Section 9604(a); (iii) any listing pursuant to the National Contingency Plan; or (iv) pursuant to any action for judicial relief undertaken pursuant to the federal Solid Waste Act, 42 U.S.C. Sections 6973 or 6972(a);

(3) whenever the Agency has confirmed, through sound scientific methods, the presence of an environmental contaminant that exceeds the applicable federal or State health and safety standards; or

(4) whenever the Agency is aware of the presence of a leaking underground storage tank.

(b) Notice of the events described in subsection (a) of this Section must be placed on a quarterly basis in a newspaper widely circulated in the areas where the condition described in subsection (a) of this Section occurs for a minimum period of 2 years. The newspaper notice must contain the following information in no less than 11-point font:

(1) a general description of the events leading up to the events described in subsection (a) of this Section:

(A) whether there was any spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, leaching, dumping, or disposing of any of the items listed in item (B) of this paragraph (1) into or onto the land, water, or air; and

(B) the presence of any waste, special waste, potentially infectious medical waste, pollution control waste, industrial process waste, hazardous waste, hazardous substance, or contaminant;

(2) a description of the physical location of each site, including the legal description of the property and the street names bordering each site;

(3) information relating to the nature and health risks of the hazardous substances or the address of an Agency-controlled website where additional information may be gathered about the nature and health risks associated with the pollutants; and

(4) in the circumstance when notice is to be given regarding the presence of a leaking underground storage tank, it is sufficient that the newspaper notice identify the general area where each leaking underground storage tank is located and specifically provide instructions to determine the exact locations of the leaking underground storage tanks through a website or other searchable data base maintained by the Agency.

(415 ILCS 5/25d-3 new)

Sec. 25d-3. Liability. The Agency is not liable for the accuracy, availability, or use, of any information provided under Sections 25d-1 and 25d-2 unless the Agency's act or omission constitutes willful and wanton misconduct.

Section 99. Effective date. This Act takes effect upon becoming law.