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91_HB2637
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1 AN ACT to amend the Environmental Protection Act by
2 changing Section 58.1.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Environmental Protection Act is amended
6 by changing Section 58.1 as follows:
7 (415 ILCS 5/58.1)
8 Sec. 58.1. Applicability.
9 (a) (1) This Title establishes the procedures for the
10 investigative and remedial activities at sites where there is
11 a release, threatened release, or suspected release of
12 hazardous substances, pesticides, or petroleum and for the
13 review and approval of those activities.
14 (2) Any person, including persons required to perform
15 investigations and remediations under this Act, may elect to
16 proceed under this Title unless (i) the site is on the
17 National Priorities List (Appendix B of 40 CFR 300), (ii)
18 the site is a treatment, storage, or disposal site for which
19 a permit has been issued, or that is subject to closure
20 requirements under federal or State solid or hazardous waste
21 laws, (iii) the site is subject to federal or State
22 underground storage tank laws, or (iv) investigation or
23 remedial action at the site has been required by a federal
24 court order or an order issued by the United States
25 Environmental Protection Agency. To the extent allowed by
26 federal law and regulations, the sites listed under items
27 (i), (ii), (iii), and (iv) may use utilize the provisions of
28 this Title, including the procedures for establishing
29 risk-based remediation objectives under Section 58.5.
30 (b) Except for sites excluded under subdivision (a) (2)
31 of this Section, the Remediation Applicant (RA) for any site
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1 that has not received an Agency letter under subsection (y)
2 of Section 4 of this Act may elect to proceed under the
3 provisions of this Title by submitting a written statement of
4 the election to the Agency. In the absence of such election,
5 the RA shall continue under the provisions of this Act as
6 applicable prior to the effective date of this amendatory Act
7 of 1995.
8 (c) Except for sites excluded under subdivision (a) (2)
9 of this Section, agrichemical facilities may elect to
10 undertake corrective action in conformance with this Title
11 and rules promulgated by the Board thereunder and land
12 application programs administered by the Department of
13 Agriculture as provided under Section 19 of the Illinois
14 Pesticide Act, and shall be eligible for the relief provided
15 under Section 58.10.
16 (Source: P.A. 89-431, eff. 12-15-95; 89-443, eff. 7-1-96.)