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| [ Conference Committee Report 001 ] |
91_SB1018enr SB1018 Enrolled LRB9105635MWpc 1 AN ACT to amend the Environmental Protection Act by 2 changing Sections 19.2, 19.3, 19.4, 19.5, 19.6, 19.8, 22.2, 3 58, and 58.3 and adding Section 58.15. 4 Be it enacted by the People of the State of Illinois, 5 represented in the General Assembly: 6 Section 5. The Environmental Protection Act is amended 7 by changing Sections 19.2, 19.3, 19.4, 19.5, 19.6, 19.8, 8 22.2, 58, and 58.3 and adding Section 58.15 as follows: 9 (415 ILCS 5/19.2) (from Ch. 111 1/2, par. 1019.2) 10 Sec. 19.2. As used in this Title, unless the context 11 clearly requires otherwise: 12 (a) "Agency" means the Illinois Environmental Protection 13 Agency. 14 (b) "Fund" means the Water Revolving Fund created 15 pursuant to this Title, consisting of the Water Pollution 16 Control Loan Program, the Public Water Supply Loan Program, 17 and the Loan Support Program. 18 (c) "Loan" means a loan made from the Water Pollution 19 Control Loan Program or the Public Water Supply Loan Program 20 to an eligible applicantlocal government unitas a result of 21 a contractual agreement between the Agency and such applicant 22unit. 23 (d) "Construction" means any one or more of the 24 following which is undertaken for a public purpose: 25 preliminary planning to determine the feasibility of the 26 treatment works or public water supply, engineering, 27 architectural, legal, fiscal or economic investigations or 28 studies, surveys, designs, plans, working drawings, 29 specifications, procedures or other necessary actions, 30 erection, building, acquisition, alteration, remodeling, 31 improvement or extension of treatment works or public water SB1018 Enrolled -2- LRB9105635MWpc 1 supplies, or the inspection or supervision of any of the 2 foregoing items. "Construction" also includes implementation 3 of source water quality protection measures and establishment 4 and implementation of wellhead protection programs in 5 accordance with Section 1452(k)(1) of the federal Safe 6 Drinking Water Act. 7 (e) "Intended use plan" means a plan which includes a 8 description of the short and long term goals and objectives 9 of the Water Pollution Control Loan Program and the Public 10 Water Supply Loan Program, project categories, discharge 11 requirements, terms of financial assistance and the loan 12 applicantscommunitiesto be served. 13 (f) "Treatment works" means any devices and systems 14 owned by a local government unit and used in the storage, 15 treatment, recycling, and reclamation of sewerage or 16 industrial wastes of a liquid nature, including intercepting 17 sewers, outfall sewers, sewage collection systems, pumping 18 power and other equipment, and appurtenances; extensions, 19 improvements, remodeling, additions, and alterations thereof; 20 elements essential to provide a reliable recycled supply, 21 such as standby treatment units and clear well facilities; 22 and any works, including site acquisition of the land that 23 will be an integral part of the treatment process for 24 wastewater facilities. 25 (g) "Local government unit" means a county, 26 municipality, township, municipal or county sewerage or 27 utility authority, sanitary district, public water district, 28 improvement authority or any other political subdivision 29 whose primary purpose is to construct, operate and maintain 30 wastewater treatment facilities or public water supply 31 facilities or both. 32 (Source: P.A. 89-27, eff. 1-1-96; 90-121, eff. 7-17-97.) 33 (415 ILCS 5/19.3) (from Ch. 111 1/2, par. 1019.3) SB1018 Enrolled -3- LRB9105635MWpc 1 Sec. 19.3. Water Revolving Fund. 2 (a) There is hereby created within the State Treasury a 3 Water Revolving Fund, consisting of 3 interest-bearing 4 special programs to be known as the Water Pollution Control 5 Loan Program, the Public Water Supply Loan Program, and the 6 Loan Support Program, which shall be used and administered by 7 the Agency. 8 (b) The Water Pollution Control Loan Program shall be 9 used and administered by the Agency to provide assistanceto10local government unitsfor the followingpublicpurposes: 11 (1) to accept and retain funds from grant awards, 12 appropriations, transfers, and payments of interest and 13 principal; 14 (2) to make direct loans at or below market 15 interest rates to any eligible local government unit to 16 finance the construction of wastewater treatments works; 17 (3) to make direct loans at or below market 18 interest rates to any eligible local government unit to 19 buy or refinance debt obligations for treatment works 20 incurred after March 7, 1985; 21 (3.5) to make direct loans at or below market 22 interest rates for the implementation of a management 23 program established under Section 319 of the Federal 24 Water Pollution Control Act, as amended; 25 (4) to guarantee or purchase insurance for local 26 obligations where such action would improve credit market 27 access or reduce interest rates; 28 (5) as a source of revenue or security for the 29 payment of principal and interest on revenue or general 30 obligation bonds issued by the State or any political 31 subdivision or instrumentality thereof, if the proceeds 32 of such bonds will be deposited in the Fund; 33 (6) to finance the reasonable costs incurred by the 34 Agency in the administration of the Fund; and SB1018 Enrolled -4- LRB9105635MWpc 1 (7) to transfer funds to the Public Water Supply 2 Loan Program. 3 (c) The Loan Support Program shall be used and 4 administered by the Agency for the following purposes: 5 (1) to accept and retain funds from grant awards 6 and appropriations; 7 (2) to finance the reasonable costs incurred by the 8 Agency in the administration of the Fund, including 9 activities under Title III of this Act, including the 10 administration of the State construction grant program; 11 (3) to transfer funds to the Water Pollution 12 Control Loan Program and the Public Water Supply Loan 13 Program; 14 (4) to accept and retain a portion of the loan 15 repayments; 16 (5) to finance the development of the low interest 17 loan program for public water supply projects; 18 (6) to finance the reasonable costs incurred by the 19 Agency to provide technical assistance for public water 20 supplies; and 21 (7) to finance the reasonable costs incurred by the 22 Agency for public water system supervision programs, to 23 administer or provide for technical assistance through 24 source water protection programs, to develop and 25 implement a capacity development strategy, to delineate 26 and assess source water protection areas, and for an 27 operator certification program in accordance with Section 28 1452 of the federal Safe Drinking Water Act. 29 (d) The Public Water Supply Loan Program shall be used 30 and administered by the Agency to provide assistance to local 31 government units for public water supplies for the following 32 public purposes: 33 (1) to accept and retain funds from grant awards, 34 appropriations, transfers, and payments of interest and SB1018 Enrolled -5- LRB9105635MWpc 1 principal; 2 (2) to make direct loans at or below market 3 interest rates to any eligible local government unit to 4 finance the construction of public water supplies; 5 (3) to buy or refinance the debt obligation of a 6 local government unit for costs incurred on or after the 7 effective date of this amendatory Act of 1997; 8 (4) to guarantee local obligations where such 9 action would improve credit market access or reduce 10 interest rates; 11 (5) as a source of revenue or security for the 12 payment of principal and interest on revenue or general 13 obligation bonds issued by the State or any political 14 subdivision or instrumentality thereof, if the proceeds 15 of such bonds will be deposited into the Fund; and 16 (6) to transfer funds to the Water Pollution 17 Control Loan Program. 18 (e) The Agency is designated as the administering 19 agency of the Fund. The Agency shall submit to the Regional 20 Administrator of the United States Environmental Protection 21 Agency an intended use plan which outlines the proposed use 22 of funds available to the State. The Agency shall take all 23 actions necessary to secure to the State the benefits of the 24 federal Water Pollution Control Act and the federal Safe 25 Drinking Water Act, as now or hereafter amended. 26 (f) The Agency shall have the power to enter into 27 intergovernmental agreements with the federal government or 28 the State, or any instrumentality thereof, for purposes of 29 capitalizing the Water Revolving Fund. Moneys on deposit in 30 the Water Revolving Fund may be used for the creation of 31 reserve funds or pledged funds that secure the obligations of 32 repayment of loans made pursuant to this Section. For the 33 purpose of obtaining capital for deposit into the Water 34 Revolving Fund, the Agency may also enter into agreements SB1018 Enrolled -6- LRB9105635MWpc 1 with financial institutions and other persons for the purpose 2 of selling loans and developing a secondary market for such 3 loans. The Agency shall have the power to create and 4 establish such reserve funds and accounts as may be necessary 5 or desirable to accomplish its purposes under this subsection 6 and to allocate its available moneys into such funds and 7 accounts. Investment earnings on moneys held in the Water 8 Revolving Fund, including any reserve fund or pledged fund, 9 shall be deposited into the Water Revolving Fund. 10 (Source: P.A. 89-27, eff. 1-1-96; 90-121, eff. 7-17-97.) 11 (415 ILCS 5/19.4) (from Ch. 111 1/2, par. 1019.4) 12 Sec. 19.4. (a) The Agency shall have the authority to 13 promulgate regulations to set forth procedures and criteria 14 concerning loan applications. For units of local government, 15 the regulations shall include, but need not be limited to, 16 the following elements:,17 (1) loan application requirements; 18 (2) determination of credit worthiness of the loan 19 applicant; 20 (3) special loan terms, as necessary, for securing 21 the repayment of the loan; 22 (4) assurance of payment;,23 (5) interest rates;,24 (6) loan support rates;,25 (7) impact on user charges;,26 (8) eligibility of proposed construction;,27 (9) priority of needs;,28 (10) special loan terms for disadvantaged 29 communities;, and30 (11) maximum limits on annual distributions of 31 funds to applicants or groups of applicants;.32 (12) penalties for noncompliance with loan 33 requirements and conditions, including stop-work orders, SB1018 Enrolled -7- LRB9105635MWpc 1 termination, and recovery of loan funds; and 2 (13) indemnification of the State of Illinois and 3 the Agency by the loan recipient. 4 (b) The Agency shall have the authority to promulgate 5 regulations to set forth procedures and criteria concerning 6 loan applications for loan recipients other than units of 7 local government. In addition to all of the elements 8 required for units of local government under subsection (a), 9 the regulations shall include, but need not be limited to, 10 the following elements: 11 (1) types of security required for the loan; 12 (2) types of collateral, as necessary, that can be 13 pledged for the loan; and 14 (3) staged access to fund privately owned community 15 water supplies. 16 (c) The Agency shall develop and maintain a priority 17 list of loan applicants as categorized by need.Priority in18making loans from the Water Pollution Control Loan Program19must first be given to local government units which need to20make capital improvements to achieve compliance with National21Pollutant Discharge Elimination System permit requirements22pursuant to the federal Water Quality Act of 1987 and this23Act.Priority in making loans from the Public Water Supply 24 Loan Program must first be given to local government units 25 that need to make capital improvements to protect human 26 health and to achieve compliance with the State and federal 27 primary drinking water standards adopted pursuant to this Act 28 and the federal Safe Drinking Water Act, as now and hereafter 29 amended. 30 (Source: P.A. 89-27, eff. 1-1-96; 90-121, eff. 7-17-97.) 31 (415 ILCS 5/19.5) (from Ch. 111 1/2, par. 1019.5) 32 Sec. 19.5. Loans; repayment. 33 (a) The Agency shall have the authority to make loans SB1018 Enrolled -8- LRB9105635MWpc 1for a public purpose to local government units for the2construction of treatment works and public water supplies3 pursuant to the regulations promulgated under Section 19.4. 4 (b) Loans made from the Fund shall provide for: 5 (1) a schedule of disbursement of proceeds; 6 (2) a fixed rate that includes interest and loan 7 support based upon priority, but the loan support rate 8 shall not exceed one-half of the fixed rate established 9 for each loan; 10 (3) a schedule of repayment; 11 (4) initiation of principal repayments within one 12 year after the project is operational; and 13 (5) a confession of judgment upon default. 14 (c) The Agency may amend existing loans to include a 15 loan support rate only if the overall cost to the loan 16 recipient is not increased. 17 (d) A local government unit shall secure the payment of 18 its obligations to the Fund by a dedicated source of 19 repayment, including revenues derived from the imposition of 20 rates, fees and charges. Other loan applicants shall secure 21 the payment of their obligations by appropriate security and 22 collateral pursuant to regulations promulgated under Section 23 19.4.In the event of a delinquency as to payments to the24Fund, the local government unit shall revise its rates, fees25and charges to meet its obligations.26 (Source: P.A. 89-27, eff. 1-1-96; 90-121, eff. 7-17-97.) 27 (415 ILCS 5/19.6) (from Ch. 111 1/2, par. 1019.6) 28 Sec. 19.6. Delinquent loan repayment. 29 (a) In the event that a timely payment is not made by a 30 loan recipientlocal government unitaccording to the loan 31 schedule of repayment, the loan recipientlocal government32unitshall notify the Agency in writing within 15 days after 33 the payment due date. The notification shall include a SB1018 Enrolled -9- LRB9105635MWpc 1 statement of the reasons the payment was not timely tendered, 2 the circumstances under which the late payments will be 3 satisfied, and binding commitments to assure future payments. 4 After receipt of this notification, the Agency shall confirm 5 in writing the acceptability of the plan or take action in 6 accordance with subsection (b) of this Section. 7 (b) In the event that a loan recipientlocal government8unitfails to comply with subsection (a) of this Section, the 9 Agency shall promptly issue a notice of delinquency to the 10 loan recipient,local government unitwhich shall require a 11 written response within 1530days. The notice of 12 delinquency shall require that the loan recipientlocal13government unitrevise its rates, fees and charges to meet 14 its obligations pursuant to subsection (d) of Section 19.5 or 15 take other specified actions as may be appropriate to remedy 16 the delinquency and to assure future payments. 17 (c) In the event that the loan recipientlocal18government unitfails to timely or adequately respond to a 19 notice of delinquency, or fails to meet its obligations made 20 pursuant to subsections (a) and (b) of this Section, the 21 Agency shall pursue the collection of the amounts past due, 22 the outstanding loan balance and the costs thereby incurred, 23 either pursuant to the Illinois State Collection Act of 1986 24 or by any other reasonable means as may be provided by law, 25 including the taking of title by foreclosure or otherwise to 26 any project or other property pledged, mortgaged, encumbered, 27 or otherwise available as security or collateral. 28 (Source: P.A. 90-121, eff. 7-17-97.) 29 (415 ILCS 5/19.8) (from Ch. 111 1/2, par. 1019.8) 30 Sec. 19.8. Advisory committees; reports. 31(a)The Director of the Agency shall appoint committees 32 to advise the Agency concerning the financial structure of 33 the Programs. The committees shall consist of SB1018 Enrolled -10- LRB9105635MWpc 1 representatives from appropriate State agencies, the 2 financial community, engineering societies and other 3 interested parties. The committees shall meet periodically 4 and members shall be reimbursed for their ordinary and 5 necessary expenses incurred in the performance of their 6 committee duties. 7(b) The Agency shall report to the General Assembly by8June 30, 1998 regarding the feasibility of providing drinking9water loans to not-for-profit community water supplies that10serve units of local government and to investor-owned public11utilities. The report shall include a detailed discussion of12all relevant factors and shall include participation from13representatives of the affected entities.14 (Source: P.A. 90-121, eff. 7-17-97.) 15 (415 ILCS 5/22.2) (from Ch. 111 1/2, par. 1022.2) 16 Sec. 22.2. Hazardous waste; fees; liability. 17 (a) There are hereby created within the State Treasury 2 18 special funds to be known respectively as the "Hazardous 19 Waste Fund" and the "Hazardous Waste Research Fund", 20 constituted from the fees collected pursuant to this Section. 21 In addition to the fees collected under this Section, the 22 Hazardous Waste Fund shall include other moneys made 23 available from any source for deposit into the Fund. 24 (b) (1) On and after January 1, 1989, the Agency shall 25 collect from the owner or operator of each of the 26 following sites a fee in the amount of: 27 (A) 6 cents per gallon or $12.12 per cubic 28 yard of hazardous waste disposed for 1989, 7.5 cents 29 per gallon or $15.15 per cubic yard for 1990 and 9 30 cents per gallon or $18.18 per cubic yard 31 thereafter, if the hazardous waste disposal site is 32 located off the site where such waste was produced. 33 The maximum amount payable under this subdivision SB1018 Enrolled -11- LRB9105635MWpc 1 (A) with respect to the hazardous waste generated by 2 a single generator and deposited in monofills is 3 $20,000 for 1989, $25,000 for 1990, and $30,000 per 4 year thereafter. If, as a result of the use of 5 multiple monofills, waste fees in excess of the 6 maximum are assessed with respect to a single waste 7 generator, the generator may apply to the Agency for 8 a credit. 9 (B) 6 cents per gallon or $12.12 per cubic 10 yard of hazardous waste disposed for 1989, 7.5 cents 11 per gallon or $15.15 per cubic yard for 1990 and 9 12 cents or $18.18 per cubic yard thereafter, if the 13 hazardous waste disposal site is located on the site 14 where such waste was produced, provided however the 15 maximum amount of fees payable under this paragraph 16 (B) is $20,000 for 1989, $25,000 for 1990 and 17 $30,000 per year thereafter for each such hazardous 18 waste disposal site. 19 (C) If the hazardous waste disposal site is an 20 underground injection well, $6,000 per year if not 21 more than 10,000,000 gallons per year are injected, 22 $15,000 per year if more than 10,000,000 gallons but 23 not more than 50,000,000 gallons per year are 24 injected, and $27,000 per year if more than 25 50,000,000 gallons per year are injected. 26 (D) 2 cents per gallon or $4.04 per cubic yard 27 for 1989, 2.5 cents per gallon or $5.05 per cubic 28 yard for 1990, and 3 cents per gallon or $6.06 per 29 cubic yard thereafter of hazardous waste received 30 for treatment at a hazardous waste treatment site, 31 if the hazardous waste treatment site is located off 32 the site where such waste was produced and if such 33 hazardous waste treatment site is owned, controlled 34 and operated by a person other than the generator of SB1018 Enrolled -12- LRB9105635MWpc 1 such waste. After treatment at such hazardous waste 2 treatment site, the waste shall not be subject to 3 any other fee imposed by this subsection (b). For 4 purposes of this subsection (b), the term 5 "treatment" is defined as in Section 3.49 but shall 6 not include recycling, reclamation or reuse. 7 (2) The General Assembly shall annually appropriate 8 to the Fund such amounts as it deems necessary to fulfill 9 the purposes of this Act. 10 (3) The Agency shall have the authority to accept, 11 receive, and administer on behalf of the State any moneys 12 made available to the State from any source for the 13 purposes of the Hazardous Waste Fund set forth in 14 subsection (d) of this Section.Whenever the unobligated15balance of the Hazardous Waste Fund exceeds $10,000,000,16the Agency shall suspend the collection of the fees17provided for in this Section until the unobligated18balance of the Fund falls below $8,000,000.19 (4) Of the amount collected as fees provided for in 20 this Section, the Agency shall manage the use of such 21 funds to assure that sufficient funds are available for 22 match towards federal expenditures for response action at 23 sites which are listed on the National Priorities List; 24 provided, however, that this shall not apply to 25 additional monies appropriated to the Fund by the General 26 Assembly, nor shall it apply in the event that the 27 Director finds that revenues in the Hazardous Waste Fund 28 must be used to address conditions which create or may 29 create an immediate danger to the environment or public 30 health or to the welfare of the people of the State of 31 Illinois. 32 (5) Notwithstanding the other provisions of this 33 subsection (b), sludge from a publicly-owned sewage works 34 generated in Illinois, coal mining wastes and refuse SB1018 Enrolled -13- LRB9105635MWpc 1 generated in Illinois, bottom boiler ash, flyash and flue 2 gas desulphurization sludge from public utility electric 3 generating facilities located in Illinois, and bottom 4 boiler ash and flyash from all incinerators which process 5 solely municipal waste shall not be subject to the fee. 6 (6) For the purposes of this subsection (b), 7 "monofill" means a facility, or a unit at a facility, 8 that accepts only wastes bearing the same USEPA hazardous 9 waste identification number, or compatible wastes as 10 determined by the Agency. 11 (c) The Agency shall establish procedures, not later 12 than January 1, 1984, relating to the collection of the fees 13 authorized by this Section. Such procedures shall include, 14 but not be limited to: (1) necessary records identifying the 15 quantities of hazardous waste received or disposed; (2) the 16 form and submission of reports to accompany the payment of 17 fees to the Agency; and (3) the time and manner of payment of 18 fees to the Agency, which payments shall be not more often 19 than quarterly. 20 (d) Beginning July 1, 1996, the Agency shall deposit all 21 such receipts in the State Treasury to the credit of the 22 Hazardous Waste Fund, except as provided in subsection (e) of 23 this Section. All monies in the Hazardous Waste Fund shall be 24 used by the Agency for the following purposes: 25 (1) Taking whatever preventive or corrective action 26 is necessary or appropriate, in circumstances certified 27 by the Director, including but not limited to removal or 28 remedial action whenever there is a release or 29 substantial threat of a release of a hazardous substance 30 or pesticide; provided, the Agency shall expend no more 31 than $1,000,000 on any single incident without 32 appropriation by the General Assembly. 33 (2) To meet any requirements which must be met by 34 the State in order to obtain federal funds pursuant to SB1018 Enrolled -14- LRB9105635MWpc 1 the Comprehensive Environmental Response, Compensation 2 and Liability Act of 1980, (P.L. 96-510). 3 (3) In an amount up to 30% of the amount collected 4 as fees provided for in this Section, for use by the 5 Agency to conduct groundwater protection activities, 6 including providing grants to appropriate units of local 7 government which are addressing protection of underground 8 waters pursuant to the provisions of this Act. 9 (4) To fund the development and implementation of 10 the model pesticide collection program under Section 19.1 11 of the Illinois Pesticide Act. 12 (5) To the extent the Agency has received and 13 deposited monies in the Fund other than fees collected 14 under subsection (b) of this Section, to pay for the cost 15 of Agency employees for services provided in reviewing 16 the performance of response actions pursuant to Title 17 XVII of this Act. 18 (6) In an amount up to 15% of the fees collected 19 annually under subsection (b) of this Section, for use by 20 the Agency for administration of the provisions of this 21 Section. 22 (e) The Agency shall deposit 10% of all receipts 23 collected under subsection (b) of this Section, but not to 24 exceed $200,000 per year, in the State Treasury to the credit 25 of the Hazardous Waste Research Fund established by this Act. 26 Pursuant to appropriation, all monies in such Fund shall be 27 used by the Department of Natural Resources for the purposes 28 set forth in this subsection. 29 The Department of Natural Resources may enter into 30 contracts with business, industrial, university, governmental 31 or other qualified individuals or organizations to assist in 32 the research and development intended to recycle, reduce the 33 volume of, separate, detoxify or reduce the hazardous 34 properties of hazardous wastes in Illinois. Monies in the SB1018 Enrolled -15- LRB9105635MWpc 1 Fund may also be used by the Department of Natural Resources 2 for technical studies, monitoring activities, and educational 3 and research activities which are related to the protection 4 of underground waters. Monies in the Hazardous Waste 5 Research Fund may be used to administer the Illinois Health 6 and Hazardous Substances Registry Act. Monies in the 7 Hazardous Waste Research Fund shall not be used for any 8 sanitary landfill or the acquisition or construction of any 9 facility. This does not preclude the purchase of equipment 10 for the purpose of public demonstration projects. The 11 Department of Natural Resources shall adopt guidelines for 12 cost sharing, selecting, and administering projects under 13 this subsection. 14 (f) Notwithstanding any other provision or rule of law, 15 and subject only to the defenses set forth in subsection (j) 16 of this Section, the following persons shall be liable for 17 all costs of removal or remedial action incurred by the State 18 of Illinois or any unit of local government as a result of a 19 release or substantial threat of a release of a hazardous 20 substance or pesticide: 21 (1) the owner and operator of a facility or vessel 22 from which there is a release or substantial threat of 23 release of a hazardous substance or pesticide; 24 (2) any person who at the time of disposal, 25 transport, storage or treatment of a hazardous substance 26 or pesticide owned or operated the facility or vessel 27 used for such disposal, transport, treatment or storage 28 from which there was a release or substantial threat of a 29 release of any such hazardous substance or pesticide; 30 (3) any person who by contract, agreement, or 31 otherwise has arranged with another party or entity for 32 transport, storage, disposal or treatment of hazardous 33 substances or pesticides owned, controlled or possessed 34 by such person at a facility owned or operated by another SB1018 Enrolled -16- LRB9105635MWpc 1 party or entity from which facility there is a release or 2 substantial threat of a release of such hazardous 3 substances or pesticides; and 4 (4) any person who accepts or accepted any 5 hazardous substances or pesticides for transport to 6 disposal, storage or treatment facilities or sites from 7 which there is a release or a substantial threat of a 8 release of a hazardous substance or pesticide. 9 Any monies received by the State of Illinois pursuant to 10 this subsection (f) shall be deposited in the State Treasury 11 to the credit of the Hazardous Waste Fund. 12 In accordance with the other provisions of this Section, 13 costs of removal or remedial action incurred by a unit of 14 local government may be recovered in an action before the 15 Board brought by the unit of local government under 16 subsection (i) of this Section. Any monies so recovered 17 shall be paid to the unit of local government. 18 (g)(1) No indemnification, hold harmless, or similar 19 agreement or conveyance shall be effective to transfer 20 from the owner or operator of any vessel or facility or 21 from any person who may be liable for a release or 22 substantial threat of a release under this Section, to 23 any other person the liability imposed under this 24 Section. Nothing in this Section shall bar any agreement 25 to insure, hold harmless or indemnify a party to such 26 agreements for any liability under this Section. 27 (2) Nothing in this Section, including the 28 provisions of paragraph (g)(1) of this Section, shall bar 29 a cause of action that an owner or operator or any other 30 person subject to liability under this Section, or a 31 guarantor, has or would have, by reason of subrogation or 32 otherwise against any person. 33 (h) For purposes of this Section: 34 (1) The term "facility" means: SB1018 Enrolled -17- LRB9105635MWpc 1 (A) any building, structure, installation, 2 equipment, pipe or pipeline including but not 3 limited to any pipe into a sewer or publicly owned 4 treatment works, well, pit, pond, lagoon, 5 impoundment, ditch, landfill, storage container, 6 motor vehicle, rolling stock, or aircraft; or 7 (B) any site or area where a hazardous 8 substance has been deposited, stored, disposed of, 9 placed, or otherwise come to be located. 10 (2) The term "owner or operator" means: 11 (A) any person owning or operating a vessel or 12 facility; 13 (B) in the case of an abandoned facility, any 14 person owning or operating the abandoned facility or 15 any person who owned, operated, or otherwise 16 controlled activities at the abandoned facility 17 immediately prior to such abandonment; 18 (C) in the case of a land trust as defined in 19 Section 2 of the Land Trustee as Creditor Act, the 20 person owning the beneficial interest in the land 21 trust; 22 (D) in the case of a fiduciary (other than a 23 land trustee), the estate, trust estate, or other 24 interest in property held in a fiduciary capacity, 25 and not the fiduciary. For the purposes of this 26 Section, "fiduciary" means a trustee, executor, 27 administrator, guardian, receiver, conservator or 28 other person holding a facility or vessel in a 29 fiduciary capacity; 30 (E) in the case of a "financial institution", 31 meaning the Illinois Housing Development Authority 32 and that term as defined in Section 2 of the 33 Illinois Banking Act, that has acquired ownership, 34 operation, management, or control of a vessel or SB1018 Enrolled -18- LRB9105635MWpc 1 facility through foreclosure or under the terms of a 2 security interest held by the financial institution 3 or under the terms of an extension of credit made by 4 the financial institution, the financial institution 5 only if the financial institution takes possession 6 of the vessel or facility and the financial 7 institution exercises actual, direct, and continual 8 or recurrent managerial control in the operation of 9 the vessel or facility that causes a release or 10 substantial threat of a release of a hazardous 11 substance or pesticide resulting in removal or 12 remedial action; 13 (F) In the case of an owner of residential 14 property, the owner if the owner is a person other 15 than an individual, or if the owner is an individual 16 who owns more than 10 dwelling units in Illinois, or 17 if the owner, or an agent, representative, 18 contractor, or employee of the owner, has caused, 19 contributed to, or allowed the release or threatened 20 release of a hazardous substance or pesticide. The 21 term "residential property" means single family 22 residences of one to 4 dwelling units, including 23 accessory land, buildings, or improvements 24 incidental to those dwellings that are exclusively 25 used for the residential use. For purposes of this 26 subparagraph (F), the term "individual" means a 27 natural person, and shall not include corporations, 28 partnerships, trusts, or other non-natural persons. 29 (G) In the case of any facility, title or 30 control of which was conveyed due to bankruptcy, 31 foreclosure, tax delinquency, abandonment, or 32 similar means to a unit of State or local 33 government, any person who owned, operated, or 34 otherwise controlled activities at the facility SB1018 Enrolled -19- LRB9105635MWpc 1 immediately beforehand. 2 (H) The term "owner or operator" does not 3 include a unit of State or local government which 4 acquired ownership or control through bankruptcy, 5 tax delinquency, abandonment, or other circumstances 6 in which the government acquires title by virtue of 7 its function as sovereign. The exclusion provided 8 under this paragraph shall not apply to any State or 9 local government which has caused or contributed to 10 the release or threatened release of a hazardous 11 substance from the facility, and such a State or 12 local government shall be subject to the provisions 13 of this Act in the same manner and to the same 14 extent, both procedurally and substantively, as any 15 nongovernmental entity, including liability under 16 Section 22.2(f). 17 (i) The costs and damages provided for in this Section 18 may be imposed by the Board in an action brought before the 19 Board in accordance with Title VIII of this Act, except that 20 Section 33(c) of this Act shall not apply to any such action. 21 (j) (1) There shall be no liability under this Section 22 for a person otherwise liable who can establish by a 23 preponderance of the evidence that the release or substantial 24 threat of release of a hazardous substance and the damages 25 resulting therefrom were caused solely by: 26 (A) an act of God; 27 (B) an act of war; 28 (C) an act or omission of a third party other than 29 an employee or agent of the defendant, or other than one 30 whose act or omission occurs in connection with a 31 contractual relationship, existing directly or 32 indirectly, with the defendant (except where the sole 33 contractual arrangement arises from a published tariff 34 and acceptance for carriage by a common carrier by rail), SB1018 Enrolled -20- LRB9105635MWpc 1 if the defendant establishes by a preponderance of the 2 evidence that (i) he exercised due care with respect to 3 the hazardous substance concerned, taking into 4 consideration the characteristics of such hazardous 5 substance, in light of all relevant facts and 6 circumstances, and (ii) he took precautions against 7 foreseeable acts or omissions of any such third party and 8 the consequences that could foreseeably result from such 9 acts or omissions; or 10 (D) any combination of the foregoing paragraphs. 11 (2) There shall be no liability under this Section for 12 any release permitted by State or federal law. 13 (3) There shall be no liability under this Section for 14 damages as a result of actions taken or omitted in the course 15 of rendering care, assistance, or advice in accordance with 16 this Section or the National Contingency Plan pursuant to the 17 Comprehensive Environmental Response, Compensation and 18 Liability Act of 1980 (P.L. 96-510) or at the direction of an 19 on-scene coordinator appointed under such plan, with respect 20 to an incident creating a danger to public health or welfare 21 or the environment as a result of any release of a hazardous 22 substance or a substantial threat thereof. This subsection 23 shall not preclude liability for damages as the result of 24 gross negligence or intentional misconduct on the part of 25 such person. For the purposes of the preceding sentence, 26 reckless, willful, or wanton misconduct shall constitute 27 gross negligence. 28 (4) There shall be no liability under this Section for 29 any person (including, but not limited to, an owner of 30 residential property who applies a pesticide to the 31 residential property or who has another person apply a 32 pesticide to the residential property) for response costs or 33 damages as the result of the storage, handling and use, or 34 recommendation for storage, handling and use, of a pesticide SB1018 Enrolled -21- LRB9105635MWpc 1 consistent with: 2 (A) its directions for storage, handling and use as 3 stated in its label or labeling; 4 (B) its warnings and cautions as stated in its 5 label or labeling; and 6 (C) the uses for which it is registered under the 7 Federal Insecticide, Fungicide and Rodenticide Act and 8 the Illinois Pesticide Act. 9 (4.5) There shall be no liability under subdivision 10 (f)(1) of this Section for response costs or damages as the 11 result of a release of a pesticide from an agrichemical 12 facility site if the Agency has received notice from the 13 Department of Agriculture pursuant to Section 19.3 of the 14 Illinois Pesticide Act, the owner or operator of the 15 agrichemical facility is proceeding with a corrective action 16 plan under the Agrichemical Facility Response Action Program 17 implemented under that Section, and the Agency has provided a 18 written endorsement of a corrective action plan. 19 (4.6) There shall be no liability under subdivision 20 (f)(1) of this Section for response costs or damages as the 21 result of a substantial threat of a release of a pesticide 22 from an agrichemical facility site if the Agency has received 23 notice from the Department of Agriculture pursuant to Section 24 19.3 of the Illinois Pesticide Act and the owner or operator 25 of the agrichemical facility is proceeding with a corrective 26 action plan under the Agrichemical Facility Response Action 27 Program implemented under that Section. 28 (5) Nothing in this subsection (j) shall affect or 29 modify in any way the obligations or liability of any person 30 under any other provision of this Act or State or federal 31 law, including common law, for damages, injury, or loss 32 resulting from a release or substantial threat of a release 33 of any hazardous substance or for removal or remedial action 34 or the costs of removal or remedial action of such hazardous SB1018 Enrolled -22- LRB9105635MWpc 1 substance. 2 (6)(A) The term "contractual relationship", for the 3 purpose of this subsection includes, but is not limited to, 4 land contracts, deeds or other instruments transferring title 5 or possession, unless the real property on which the facility 6 concerned is located was acquired by the defendant after the 7 disposal or placement of the hazardous substance on, in, or 8 at the facility, and one or more of the circumstances 9 described in clause (i), (ii), or (iii) of this paragraph is 10 also established by the defendant by a preponderance of the 11 evidence: 12 (i) At the time the defendant acquired the facility 13 the defendant did not know and had no reason to know that 14 any hazardous substance which is the subject of the 15 release or threatened release was disposed of on, in or 16 at the facility. 17 (ii) The defendant is a government entity which 18 acquired the facility by escheat, or through any other 19 involuntary transfer or acquisition, or through the 20 exercise of eminent domain authority by purchase or 21 condemnation. 22 (iii) The defendant acquired the facility by 23 inheritance or bequest. 24 In addition to establishing the foregoing, the defendant 25 must establish that he has satisfied the requirements of 26 subparagraph (C) of paragraph (l) of this subsection (j). 27 (B) To establish the defendant had no reason to know, as 28 provided in clause (i) of subparagraph (A) of this paragraph, 29 the defendant must have undertaken, at the time of 30 acquisition, all appropriate inquiry into the previous 31 ownership and uses of the property consistent with good 32 commercial or customary practice in an effort to minimize 33 liability. For purposes of the preceding sentence, the court 34 shall take into account any specialized knowledge or SB1018 Enrolled -23- LRB9105635MWpc 1 experience on the part of the defendant, the relationship of 2 the purchase price to the value of the property if 3 uncontaminated, commonly known or reasonably ascertainable 4 information about the property, the obviousness of the 5 presence or likely presence of contamination at the property, 6 and the ability to detect such contamination by appropriate 7 inspection. 8 (C) Nothing in this paragraph (6) or in subparagraph (C) 9 of paragraph (1) of this subsection shall diminish the 10 liability of any previous owner or operator of such facility 11 who would otherwise be liable under this Act. Notwithstanding 12 this paragraph (6), if the defendant obtained actual 13 knowledge of the release or threatened release of a hazardous 14 substance at such facility when the defendant owned the real 15 property and then subsequently transferred ownership of the 16 property to another person without disclosing such knowledge, 17 such defendant shall be treated as liable under subsection 18 (f) of this Section and no defense under subparagraph (C) of 19 paragraph (1) of this subsection shall be available to such 20 defendant. 21 (D) Nothing in this paragraph (6) shall affect the 22 liability under this Act of a defendant who, by any act or 23 omission, caused or contributed to the release or threatened 24 release of a hazardous substance which is the subject of the 25 action relating to the facility. 26 (E) (i) Except as provided in clause (ii) of this 27 subparagraph (E), a defendant who has acquired real property 28 shall have established a rebuttable presumption against all 29 State claims and a conclusive presumption against all private 30 party claims that the defendant has made all appropriate 31 inquiry within the meaning of subdivision (6)(B) of this 32 subsection (j) if the defendant proves that immediately prior 33 to or at the time of the acquisition: 34 (I) the defendant obtained a Phase I Environmental SB1018 Enrolled -24- LRB9105635MWpc 1 Audit of the real property that meets or exceeds the 2 requirements of this subparagraph (E), and the Phase I 3 Environmental Audit did not disclose the presence or 4 likely presence of a release or a substantial threat of a 5 release of a hazardous substance or pesticide at, on, to, 6 or from the real property; or 7 (II) the defendant obtained a Phase II 8 Environmental Audit of the real property that meets or 9 exceeds the requirements of this subparagraph (E), and 10 the Phase II Environmental Audit did not disclose the 11 presence or likely presence of a release or a substantial 12 threat of a release of a hazardous substance or pesticide 13 at, on, to, or from the real property. 14 (ii) No presumption shall be created under clause (i) of 15 this subparagraph (E), and a defendant shall be precluded 16 from demonstrating that the defendant has made all 17 appropriate inquiry within the meaning of subdivision (6)(B) 18 of this subsection (j), if: 19 (I) the defendant fails to obtain all Environmental 20 Audits required under this subparagraph (E) or any such 21 Environmental Audit fails to meet or exceed the 22 requirements of this subparagraph (E); 23 (II) a Phase I Environmental Audit discloses the 24 presence or likely presence of a release or a substantial 25 threat of a release of a hazardous substance or pesticide 26 at, on, to, or from real property, and the defendant 27 fails to obtain a Phase II Environmental Audit; 28 (III) a Phase II Environmental Audit discloses the 29 presence or likely presence of a release or a substantial 30 threat of a release of a hazardous substance or pesticide 31 at, on, to, or from the real property; 32 (IV) the defendant fails to maintain a written 33 compilation and explanatory summary report of the 34 information reviewed in the course of each Environmental SB1018 Enrolled -25- LRB9105635MWpc 1 Audit under this subparagraph (E); or 2 (V) there is any evidence of fraud, material 3 concealment, or material misrepresentation by the 4 defendant of environmental conditions or of related 5 information discovered during the course of an 6 Environmental Audit. 7 (iii) For purposes of this subparagraph (E), the term 8 "environmental professional" means an individual (other than 9 a practicing attorney) who, through academic training, 10 occupational experience, and reputation (such as engineers, 11 industrial hygienists, or geologists) can objectively conduct 12 one or more aspects of an Environmental Audit and who either: 13 (I) maintains at the time of the Environmental 14 Audit and for at least one year thereafter at least 15 $500,000 of environmental consultants' professional 16 liability insurance coverage issued by an insurance 17 company licensed to do business in Illinois; or 18 (II) is an Illinois licensed professional engineer 19 or an Illinois licensed industrial hygienist. 20 An environmental professional may employ persons who are 21 not environmental professionals to assist in the preparation 22 of an Environmental Audit if such persons are under the 23 direct supervision and control of the environmental 24 professional. 25 (iv) For purposes of this subparagraph (E), the term 26 "real property" means any interest in any parcel of land, and 27 shall not be limited to the definition of the term "real 28 property" contained in the Responsible Property Transfer Act 29 of 1988. For purposes of this subparagraph (E), the term 30 "real property" includes, but is not limited to, buildings, 31 fixtures, and improvements. 32 (v) For purposes of this subparagraph (E), the term 33 "Phase I Environmental Audit" means an investigation of real 34 property, conducted by environmental professionals, to SB1018 Enrolled -26- LRB9105635MWpc 1 discover the presence or likely presence of a release or a 2 substantial threat of a release of a hazardous substance or 3 pesticide at, on, to, or from real property, and whether a 4 release or a substantial threat of a release of a hazardous 5 substance or pesticide has occurred or may occur at, on, to, 6 or from the real property. The investigation shall include a 7 review of at least each of the following sources of 8 information concerning the current and previous ownership and 9 use of the real property: 10 (I) Recorded chain of title documents regarding the 11 real property, including all deeds, easements, leases, 12 restrictions, and covenants for a period of 50 years. 13 (II) Aerial photographs that may reflect prior uses 14 of the real property and that are reasonably obtainable 15 through State, federal, or local government agencies or 16 bodies. 17 (III) Recorded environmental cleanup liens, if any, 18 against the real property that have arisen pursuant to 19 this Act or federal statutes. 20 (IV) Reasonably obtainable State, federal, and 21 local government records of sites or facilities at, on, 22 or near the real property to discover the presence or 23 likely presence of a hazardous substance or pesticide, 24 and whether a release or a substantial threat of a 25 release of a hazardous substance or pesticide has 26 occurred or may occur at, on, to, or from the real 27 property. Such government records shall include, but not 28 be limited to: reasonably obtainable State, federal, and 29 local government investigation reports for those sites or 30 facilities; reasonably obtainable State, federal, and 31 local government records of activities likely to cause or 32 contribute to a release or a threatened release of a 33 hazardous substance or pesticide at, on, to, or from the 34 real property, including landfill and other treatment, SB1018 Enrolled -27- LRB9105635MWpc 1 storage, and disposal location records, underground 2 storage tank records, hazardous waste transporter and 3 generator records, and spill reporting records; and other 4 reasonably obtainable State, federal, and local 5 government environmental records that report incidents or 6 activities that are likely to cause or contribute to a 7 release or a threatened release of a hazardous substance 8 or pesticide at, on, to, or from the real property. In 9 order to be deemed "reasonably obtainable" as required 10 herein, a copy or reasonable facsimile of the record must 11 be obtainable from the government agency by request and 12 upon payment of a processing fee, if any, established by 13 the government agency. The Agency is authorized to 14 establish a reasonable fee for processing requests 15 received under this subparagraph (E) for records. All 16 fees collected by the Agency under this clause (v)(IV) 17 shall be deposited into the Environmental Protection 18 Permit and Inspection Fund in accordance with Section 19 22.8. Notwithstanding any other law, if the fee is paid, 20 commencing on the effective date of this amendatory Act 21 of 1993 and until one year after the effective date of 22 this amendatory Act of 1993, the Agency shall use its 23 best efforts to process a request received under this 24 subparagraph (E) as expeditiously as possible. 25 Notwithstanding any other law, commencing one year after 26 the effective date of this amendatory Act of 1993, if the 27 fee is paid, the Agency shall process a request received 28 under this subparagraph (E) for records within 30 days of 29 the receipt of such request. 30 (V) A visual site inspection of the real property 31 and all facilities and improvements on the real property 32 and a visual inspection of properties immediately 33 adjacent to the real property, including an investigation 34 of any use, storage, treatment, spills from use, or SB1018 Enrolled -28- LRB9105635MWpc 1 disposal of hazardous substances, hazardous wastes, solid 2 wastes, or pesticides. If the person conducting the 3 investigation is denied access to any property adjacent 4 to the real property, the person shall conduct a visual 5 inspection of that adjacent property from the property to 6 which the person does have access and from public 7 rights-of-way. 8 (VI) A review of business records for activities at 9 or on the real property for a period of 50 years. 10 (vi) For purposes of subparagraph (E), the term "Phase 11 II Environmental Audit" means an investigation of real 12 property, conducted by environmental professionals, 13 subsequent to a Phase I Environmental Audit. If the Phase I 14 Environmental Audit discloses the presence or likely presence 15 of a hazardous substance or a pesticide or a release or a 16 substantial threat of a release of a hazardous substance or 17 pesticide: 18 (I) In or to soil, the defendant, as part of the 19 Phase II Environmental Audit, shall perform a series of 20 soil borings sufficient to determine whether there is a 21 presence or likely presence of a hazardous substance or 22 pesticide and whether there is or has been a release or a 23 substantial threat of a release of a hazardous substance 24 or pesticide at, on, to, or from the real property. 25 (II) In or to groundwater, the defendant, as part 26 of the Phase II Environmental Audit, shall: review 27 information regarding local geology, water well 28 locations, and locations of waters of the State as may be 29 obtained from State, federal, and local government 30 records, including but not limited to the United States 31 Geological Service, the State Geological Survey Division 32 of the Department of Natural Resources, and the State 33 Water Survey Division of the Department of Natural 34 Resources; and perform groundwater monitoring sufficient SB1018 Enrolled -29- LRB9105635MWpc 1 to determine whether there is a presence or likely 2 presence of a hazardous substance or pesticide, and 3 whether there is or has been a release or a substantial 4 threat of a release of a hazardous substance or pesticide 5 at, on, to, or from the real property. 6 (III) On or to media other than soil or 7 groundwater, the defendant, as part of the Phase II 8 Environmental Audit, shall perform an investigation 9 sufficient to determine whether there is a presence or 10 likely presence of a hazardous substance or pesticide, 11 and whether there is or has been a release or a 12 substantial threat of a release of a hazardous substance 13 or pesticide at, on, to, or from the real property. 14 (vii) The findings of each Environmental Audit prepared 15 under this subparagraph (E) shall be set forth in a written 16 audit report. Each audit report shall contain an affirmation 17 by the defendant and by each environmental professional who 18 prepared the Environmental Audit that the facts stated in the 19 report are true and are made under a penalty of perjury as 20 defined in Section 32-2 of the Criminal Code of 1961. It is 21 perjury for any person to sign an audit report that contains 22 a false material statement that the person does not believe 23 to be true. 24 (viii) The Agency is not required to review, approve, or 25 certify the results of any Environmental Audit. The 26 performance of an Environmental Audit shall in no way entitle 27 a defendant to a presumption of Agency approval or 28 certification of the results of the Environmental Audit. 29 The presence or absence of a disclosure document prepared 30 under the Responsible Property Transfer Act of 1988 shall not 31 be a defense under this Act and shall not satisfy the 32 requirements of subdivision (6)(A) of this subsection (j). 33 (7) No person shall be liable under this Section for 34 response costs or damages as the result of a pesticide SB1018 Enrolled -30- LRB9105635MWpc 1 release if the Agency has found that a pesticide release 2 occurred based on a Health Advisory issued by the U.S. 3 Environmental Protection Agency or an action level developed 4 by the Agency, unless the Agency notified the manufacturer of 5 the pesticide and provided an opportunity of not less than 30 6 days for the manufacturer to comment on the technical and 7 scientific justification supporting the Health Advisory or 8 action level. 9 (8) No person shall be liable under this Section for 10 response costs or damages as the result of a pesticide 11 release that occurs in the course of a farm pesticide 12 collection program operated under Section 19.1 of the 13 Illinois Pesticide Act, unless the release results from gross 14 negligence or intentional misconduct. 15 (k) If any person who is liable for a release or 16 substantial threat of release of a hazardous substance or 17 pesticide fails without sufficient cause to provide removal 18 or remedial action upon or in accordance with a notice and 19 request by the Agency or upon or in accordance with any order 20 of the Board or any court, such person may be liable to the 21 State for punitive damages in an amount at least equal to, 22 and not more than 3 times, the amount of any costs incurred 23 by the State of Illinois as a result of such failure to take 24 such removal or remedial action. The punitive damages 25 imposed by the Board shall be in addition to any costs 26 recovered from such person pursuant to this Section and in 27 addition to any other penalty or relief provided by this Act 28 or any other law. 29 Any monies received by the State pursuant to this 30 subsection (k) shall be deposited in the Hazardous Waste 31 Fund. 32 (l) Beginning January 1, 1988, the Agency shall annually 33 collect a $250 fee for each Special Waste Hauling Permit 34 Application and, in addition, shall collect a fee of $20 for SB1018 Enrolled -31- LRB9105635MWpc 1 each waste hauling vehicle identified in the annual permit 2 application and for each vehicle which is added to the permit 3 during the annual period. The Agency shall deposit 85% of 4 such fees collected under this subsection in the State 5 Treasury to the credit of the Hazardous Waste Research Fund; 6 and shall deposit the remaining 15% of such fees collected in 7 the State Treasury to the credit of the Environmental 8 Protection Permit and Inspection Fund. The majority of such 9 receipts which are deposited in the Hazardous Waste Research 10 Fund pursuant to this subsection shall be used by the 11 Department of Natural Resources for activities which relate 12 to the protection of underground waters. Persons engaged in 13 the offsite transportation of hazardous waste by highway and 14 participating in the Uniform Program under subsection (l-5) 15 are not required to file a Special Waste Hauling Permit 16 Application. 17 (l-5) (1) As used in this subsection: 18 "Base state" means the state selected by a 19 transporter according to the procedures established under 20 the Uniform Program. 21 "Base state agreement" means an agreement between 22 participating states electing to register or permit 23 transporters. 24 "Participating state" means a state electing to 25 participate in the Uniform Program by entering into a 26 base state agreement. 27 "Transporter" means a person engaged in the offsite 28 transportation of hazardous waste by highway. 29 "Uniform application" means the uniform registration 30 and permit application form prescribed under the Uniform 31 Program. 32 "Uniform Program" means the Uniform State Hazardous 33 Materials Transportation Registration and Permit Program 34 established in the report submitted and amended pursuant SB1018 Enrolled -32- LRB9105635MWpc 1 to 49 U.S.C. Section 5119(b), as implemented by the 2 Agency under this subsection. 3 "Vehicle" means any self-propelled motor vehicle, 4 except a truck tractor without a trailer, designed or 5 used for the transportation of hazardous waste subject to 6 the hazardous waste manifesting requirements of 40 U.S.C. 7 Section 6923(a)(3). 8 (2) Beginning July 1, 1998, the Agency shall 9 implement the Uniform State Hazardous Materials 10 Transportation Registration and Permit Program. On and 11 after that date, no person shall engage in the offsite 12 transportation of hazardous waste by highway without 13 registering and obtaining a permit under the Uniform 14 Program. A transporter with its principal place of 15 business in Illinois shall register with and obtain a 16 permit from the Agency. A transporter that designates 17 another participating state in the Uniform Program as its 18 base state shall likewise register with and obtain a 19 permit from that state before transporting hazardous 20 waste in Illinois. 21 (3) Beginning July 1, 1998, the Agency shall 22 annually collect no more than a $250 processing and audit 23 fee from each transporter of hazardous waste who has 24 filed a uniform application and, in addition, the Agency 25 shall annually collect an apportioned vehicle 26 registration fee of $20. The amount of the apportioned 27 vehicle registration fee shall be calculated consistent 28 with the procedures established under the Uniform 29 Program. 30 All moneys received by the Agency from the 31 collection of fees pursuant to the Uniform Program shall 32 be deposited into the Hazardous Waste Transporter account 33 hereby created within the Environmental Protection Permit 34 and Inspection Fund. Moneys remaining in the account at SB1018 Enrolled -33- LRB9105635MWpc 1 the close of the fiscal year shall not lapse to the 2 General Revenue Fund. The State Treasurer may receive 3 money or other assets from any source for deposit into 4 the account. The Agency may expend moneys from the 5 account, upon appropriation, for the implementation of 6 the Uniform Program, including the costs to the Agency of 7 fee collection and administration. In addition, funds 8 not expended for the implementation of the Uniform 9 Program may be utilized for emergency response and 10 cleanup activities related to hazardous waste 11 transportation that are initiated by the Agency. 12 Whenever the amount of the Hazardous Waste 13 Transporter account exceeds by 115% the amount annually 14 appropriated by the General Assembly, the Agency shall credit 15 participating transporters an amount, proportionately based 16 on the amount of the vehicle fee paid, equal to the excess in 17 the account, and shall determine the need to reduce the 18 amount of the fee charged transporters in the subsequent 19 fiscal year by the amount of the credit. 20 (4) (A) The Agency may propose and the Board shall 21 adopt rules as necessary to implement and enforce the 22 Uniform Program. The Agency is authorized to enter into 23 agreements with other agencies of this State as necessary 24 to carry out administrative functions or enforcement of 25 the Uniform Program. 26 (B) The Agency shall recognize a Uniform Program 27 registration as valid for one year from the date a notice 28 of registration form is issued and a permit as valid for 29 3 years from the date issued or until a transporter fails 30 to renew its registration, whichever occurs first. 31 (C) The Agency may inspect or examine any motor 32 vehicle or facility operated by a transporter, including 33 papers, books, records, documents, or other materials to 34 determine if a transporter is complying with the Uniform SB1018 Enrolled -34- LRB9105635MWpc 1 Program. The Agency may also conduct investigations and 2 audits as necessary to determine if a transporter is 3 entitled to a permit or to make suspension or revocation 4 determinations consistent with the standards of the 5 Uniform Program. 6 (5) The Agency may enter into agreements with 7 federal agencies, national repositories, or other 8 participating states as necessary to allow for the 9 reciprocal registration and permitting of transporters 10 pursuant to the Uniform Program. The agreements may 11 include procedures for determining a base state, the 12 collection and distribution of registration fees, dispute 13 resolution, the exchange of information for reporting and 14 enforcement purposes, and other provisions necessary to 15 fully implement, administer, and enforce the Uniform 16 Program. 17 (m) (Blank). 18 (n) (Blank). 19 (Source: P.A. 89-94, eff. 7-6-95; 89-158, eff. 1-1-96; 20 89-431, eff. 12-15-95; 89-443, eff. 7-1-96; 89-445, eff. 21 2-7-96; 89-626, eff. 8-9-96; 90-14, eff. 7-1-97; 90-219, eff. 22 7-25-97; 90-773, eff. 8-14-98.) 23 (415 ILCS 5/58) 24 Sec. 58. Intent. It is the intent of this Title: 25 (1) To establish a risk-based system of remediation 26 based on protection of human health and the environment 27 relative to present and future uses of the site. 28 (2) To assure that the land use for which remedial 29 action was undertaken will not be modified without 30 consideration of the adequacy of such remedial action for 31 the new land use. 32 (3) To provide incentives to the private sector to 33 undertake remedial action. SB1018 Enrolled -35- LRB9105635MWpc 1 (4) To establish expeditious alternatives for the 2 review of site investigation and remedial activities, 3 including a privatized review process. 4 (5) To assure that the resources of the Hazardous 5 Waste Fund are used in a manner that is protective of 6 human health and the environment relative to present and 7 future uses of the site and surrounding area. 8 (6) To provide assistance to units of local 9 government for remediation of properties contaminated or 10 potentially contaminated by commercial, industrial, or 11 other uses, to provide loans for the redevelopment of 12 brownfields, and to establish and provide for the 13 administration of the Brownfields Redevelopment Fund. 14 (Source: P.A. 89-431, eff. 12-15-95; 89-443, eff. 7-1-96; 15 90-123, eff. 7-21-97.) 16 (415 ILCS 5/58.3) 17 Sec. 58.3. Site Investigation and Remedial Activities 18 Program; Brownfields Redevelopment Fund. 19 (a) The General Assembly hereby establishes by this 20 Title a Site Investigation and Remedial Activities Program 21 for sites subject to this Title. This program shall be 22 administered by the Illinois Environmental Protection Agency 23 under this Title XVII and rules adopted by the Illinois 24 Pollution Control Board. 25 (b) (1) The General Assembly hereby creates within the 26 State Treasury a special fund to be known as the 27 Brownfields Redevelopment Fund, consisting of 2 programs 28 to be known as the "Brownfields Redevelopment Grant 29 Program" and the "Brownfields Redevelopment Loan 30 Program", which shall be used and administered by the 31 Agency as provided in SectionsSection58.13 and 58.15 of 32 this Act and the rules adopted under those Sectionsthat33Section. The Brownfields Redevelopment Fund ("Fund") SB1018 Enrolled -36- LRB9105635MWpc 1 shall contain moneys transferred from the Response 2 Contractors Indemnification Fund and other moneys made 3 available for deposit into the Fund. 4 (2) The State Treasurer, ex officio, shall be the 5 custodian of the Fund, and the Comptroller shall direct 6 payments from the Fund upon vouchers properly certified 7 by the Agency. The Treasurer shall credit to the Fund 8 interest earned on moneys contained in the Fund. The 9 Agency shall have the authority to accept, receive, and 10 administer on behalf of the State any grants, gifts, 11 loans, reimbursements or payments for services, or other 12 moneys made available to the State from any source for 13 purposes of the Fund. Those moneys shall be deposited 14 into the Fund, unless otherwise required by the 15 Environmental Protection Act or by federal law. 16 (3) Pursuant to appropriation, all moneys in the 17 Fund shall be used by the Agency for the purposes set 18 forth in subdivision (b)(4) of this Section and Sections 19Section58.13 and 58.15 of this Act and to cover the 20 Agency's costs of program development and administration 21 under those Sectionsthat Section. 22 (4) The Agency shall have the power to enter into 23 intergovernmental agreements with the federal government 24 or the State, or any instrumentality thereof, for 25 purposes of capitalizing the Brownfields Redevelopment 26 Fund. Moneys on deposit in the Brownfields Redevelopment 27 Fund may be used for the creation of reserve funds or 28 pledged funds that secure the obligations of repayment of 29 loans made pursuant to Section 58.15 of this Act. For 30 the purpose of obtaining capital for deposit into the 31 Brownfields Redevelopment Fund, the Agency may also enter 32 into agreements with financial institutions and other 33 persons for the purpose of selling loans and developing a 34 secondary market for such loans. The Agency shall have SB1018 Enrolled -37- LRB9105635MWpc 1 the power to create and establish such reserve funds and 2 accounts as may be necessary or desirable to accomplish 3 its purposes under this subsection and to allocate its 4 available moneys into such funds and accounts. 5 Investment earnings on moneys held in the Brownfields 6 Redevelopment Fund, including any reserve fund or pledged 7 fund, shall be deposited into the Brownfields 8 Redevelopment Fund. 9 (Source: P.A. 89-431, eff. 12-15-95; 89-443, eff. 7-1-96; 10 90-123, eff. 7-21-97.) 11 (415 ILCS 5/58.15 new) 12 Sec. 58.15. Brownfields Redevelopment Loan Program. 13 (a) The Agency shall establish and administer a 14 revolving loan program to be known as the "Brownfields 15 Redevelopment Loan Program" for the purpose of providing 16 loans to be used for site investigation, site remediation, or 17 both, at brownfields sites. All principal, interest, and 18 penalty payments from loans made under this Section shall be 19 deposited into the Brownfields Redevelopment Fund and reused 20 in accordance with this Section. 21 (b) General requirements for loans: 22 (1) Loans shall be at or below market interest 23 rates in accordance with a formula set forth in 24 regulations promulgated under subsection (c) of this 25 Section. 26 (2) Loans shall be awarded subject to availability 27 of funding based on the order of receipt of applications 28 satisfying all requirements as set forth in the 29 regulations promulgated under subsection (c) of this 30 Section. 31 (3) The maximum loan amount under this Section for 32 any one project is $1,000,000. 33 (4) In addition to any requirements or conditions SB1018 Enrolled -38- LRB9105635MWpc 1 placed on loans by regulation, loan agreements under the 2 Brownfields Redevelopment Loan Program shall include the 3 following requirements: 4 (A) the loan recipient shall secure the loan 5 repayment obligation; 6 (B) completion of the loan repayment shall not 7 exceed 5 years; and 8 (C) loan agreements shall provide for a 9 confession of judgment by the loan recipient upon 10 default. 11 (5) Loans shall not be used to cover expenses 12 incurred prior to the approval of the loan application. 13 (6) If the loan recipient fails to make timely 14 payments or otherwise fails to meet its obligations as 15 provided in this Section or implementing regulations, the 16 Agency is authorized to pursue the collection of the 17 amounts past due, the outstanding loan balance, and the 18 costs thereby incurred, either pursuant to the Illinois 19 State Collection Act of 1986 or by any other means 20 provided by law, including the taking of title, by 21 foreclosure or otherwise, to any project or other 22 property pledged, mortgaged, encumbered, or otherwise 23 available as security or collateral. 24 (c) The Agency shall have the authority to enter into 25 any contracts or agreements that may be necessary to carry 26 out its duties or responsibilities under this Section. The 27 Agency shall have the authority to promulgate regulations 28 setting forth procedures and criteria for administering the 29 Brownfields Redevelopment Loan Program. The regulations 30 promulgated by the Agency for loans under this Section shall 31 include, but need not be limited to, the following elements: 32 (1) loan application requirements; 33 (2) determination of credit worthiness of the loan 34 applicant; SB1018 Enrolled -39- LRB9105635MWpc 1 (3) types of security required for the loan; 2 (4) types of collateral, as necessary, that can be 3 pledged for the loan; 4 (5) special loan terms, as necessary, for securing 5 the repayment of the loan; 6 (6) maximum loan amounts; 7 (7) purposes for which loans are available; 8 (8) application periods and content of 9 applications; 10 (9) procedures for Agency review of loan 11 applications, loan approvals or denials, and loan 12 acceptance by the loan recipient; 13 (10) procedures for establishing interest rates; 14 (11) requirements applicable to disbursement of 15 loans to loan recipients; 16 (12) requirements for securing loan repayment 17 obligations; 18 (13) conditions or circumstances constituting 19 default; 20 (14) procedures for repayment of loans and 21 delinquent loans including, but not limited to, the 22 initiation of principal and interest payments following 23 loan acceptance; 24 (15) loan recipient responsibilities for work 25 schedules, work plans, reports, and record keeping; 26 (16) evaluation of loan recipient performance, 27 including auditing and access to sites and records; 28 (17) requirements applicable to contracting and 29 subcontracting by the loan recipient, including 30 procurement requirements; 31 (18) penalties for noncompliance with loan 32 requirements and conditions, including stop-work orders, 33 termination, and recovery of loan funds; and 34 (19) indemnification of the State of Illinois and SB1018 Enrolled -40- LRB9105635MWpc 1 the Agency by the loan recipient. 2 (d) Moneys in the Brownfields Redevelopment Fund may be 3 used as a source of revenue or security for the principal and 4 interest on revenue or general obligation bonds issued by the 5 State or any political subdivision or instrumentality 6 thereof, if the proceeds of those bonds will be deposited 7 into the Fund. 8 Section 10. Severability. The provisions of this Act 9 are severable under Section 1.31 of the Statute on Statutes. 10 Section 99. Effective date. This Act takes effect upon 11 becoming law.