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91_SB1018ccr001
LRB9105635EGfgccr2
1 91ST GENERAL ASSEMBLY
2 CONFERENCE COMMITTEE REPORT
3 ON SENATE BILL 1018
4 -------------------------------------------------------------
5 -------------------------------------------------------------
6 To the President of the Senate and the Speaker of the
7 House of Representatives:
8 We, the conference committee appointed to consider the
9 differences between the houses in relation to House Amendment
10 No. 1 to Senate Bill 1018, recommend the following:
11 (1) that the House recede from House Amendment No. 1; and
12 (2) that Senate Bill 1018 be amended as follows:
13 by replacing the title with the following:
14 "AN ACT to amend the Environmental Protection Act by
15 changing Sections 19.2, 19.3, 19.4, 19.5, 19.6, 19.8, 22.2,
16 58, and 58.3 and adding Section 58.15."; and
17 by replacing everything after the enacting clause with the
18 following:
19 "Section 5. The Environmental Protection Act is amended
20 by changing Sections 19.2, 19.3, 19.4, 19.5, 19.6, 19.8,
21 22.2, 58, and 58.3 and adding Section 58.15 as follows:
22 (415 ILCS 5/19.2) (from Ch. 111 1/2, par. 1019.2)
23 Sec. 19.2. As used in this Title, unless the context
24 clearly requires otherwise:
25 (a) "Agency" means the Illinois Environmental Protection
26 Agency.
27 (b) "Fund" means the Water Revolving Fund created
28 pursuant to this Title, consisting of the Water Pollution
29 Control Loan Program, the Public Water Supply Loan Program,
30 and the Loan Support Program.
31 (c) "Loan" means a loan made from the Water Pollution
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1 Control Loan Program or the Public Water Supply Loan Program
2 to an eligible applicant local government unit as a result of
3 a contractual agreement between the Agency and such applicant
4 unit.
5 (d) "Construction" means any one or more of the
6 following which is undertaken for a public purpose:
7 preliminary planning to determine the feasibility of the
8 treatment works or public water supply, engineering,
9 architectural, legal, fiscal or economic investigations or
10 studies, surveys, designs, plans, working drawings,
11 specifications, procedures or other necessary actions,
12 erection, building, acquisition, alteration, remodeling,
13 improvement or extension of treatment works or public water
14 supplies, or the inspection or supervision of any of the
15 foregoing items. "Construction" also includes implementation
16 of source water quality protection measures and establishment
17 and implementation of wellhead protection programs in
18 accordance with Section 1452(k)(1) of the federal Safe
19 Drinking Water Act.
20 (e) "Intended use plan" means a plan which includes a
21 description of the short and long term goals and objectives
22 of the Water Pollution Control Loan Program and the Public
23 Water Supply Loan Program, project categories, discharge
24 requirements, terms of financial assistance and the loan
25 applicants communities to be served.
26 (f) "Treatment works" means any devices and systems
27 owned by a local government unit and used in the storage,
28 treatment, recycling, and reclamation of sewerage or
29 industrial wastes of a liquid nature, including intercepting
30 sewers, outfall sewers, sewage collection systems, pumping
31 power and other equipment, and appurtenances; extensions,
32 improvements, remodeling, additions, and alterations thereof;
33 elements essential to provide a reliable recycled supply,
34 such as standby treatment units and clear well facilities;
35 and any works, including site acquisition of the land that
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1 will be an integral part of the treatment process for
2 wastewater facilities.
3 (g) "Local government unit" means a county,
4 municipality, township, municipal or county sewerage or
5 utility authority, sanitary district, public water district,
6 improvement authority or any other political subdivision
7 whose primary purpose is to construct, operate and maintain
8 wastewater treatment facilities or public water supply
9 facilities or both.
10 (Source: P.A. 89-27, eff. 1-1-96; 90-121, eff. 7-17-97.)
11 (415 ILCS 5/19.3) (from Ch. 111 1/2, par. 1019.3)
12 Sec. 19.3. Water Revolving Fund.
13 (a) There is hereby created within the State Treasury a
14 Water Revolving Fund, consisting of 3 interest-bearing
15 special programs to be known as the Water Pollution Control
16 Loan Program, the Public Water Supply Loan Program, and the
17 Loan Support Program, which shall be used and administered by
18 the Agency.
19 (b) The Water Pollution Control Loan Program shall be
20 used and administered by the Agency to provide assistance to
21 local government units for the following public purposes:
22 (1) to accept and retain funds from grant awards,
23 appropriations, transfers, and payments of interest and
24 principal;
25 (2) to make direct loans at or below market
26 interest rates to any eligible local government unit to
27 finance the construction of wastewater treatments works;
28 (3) to make direct loans at or below market
29 interest rates to any eligible local government unit to
30 buy or refinance debt obligations for treatment works
31 incurred after March 7, 1985;
32 (3.5) to make direct loans at or below market
33 interest rates for the implementation of a management
34 program established under Section 319 of the Federal
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1 Water Pollution Control Act, as amended;
2 (4) to guarantee or purchase insurance for local
3 obligations where such action would improve credit market
4 access or reduce interest rates;
5 (5) as a source of revenue or security for the
6 payment of principal and interest on revenue or general
7 obligation bonds issued by the State or any political
8 subdivision or instrumentality thereof, if the proceeds
9 of such bonds will be deposited in the Fund;
10 (6) to finance the reasonable costs incurred by the
11 Agency in the administration of the Fund; and
12 (7) to transfer funds to the Public Water Supply
13 Loan Program.
14 (c) The Loan Support Program shall be used and
15 administered by the Agency for the following purposes:
16 (1) to accept and retain funds from grant awards
17 and appropriations;
18 (2) to finance the reasonable costs incurred by the
19 Agency in the administration of the Fund, including
20 activities under Title III of this Act, including the
21 administration of the State construction grant program;
22 (3) to transfer funds to the Water Pollution
23 Control Loan Program and the Public Water Supply Loan
24 Program;
25 (4) to accept and retain a portion of the loan
26 repayments;
27 (5) to finance the development of the low interest
28 loan program for public water supply projects;
29 (6) to finance the reasonable costs incurred by the
30 Agency to provide technical assistance for public water
31 supplies; and
32 (7) to finance the reasonable costs incurred by the
33 Agency for public water system supervision programs, to
34 administer or provide for technical assistance through
35 source water protection programs, to develop and
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1 implement a capacity development strategy, to delineate
2 and assess source water protection areas, and for an
3 operator certification program in accordance with Section
4 1452 of the federal Safe Drinking Water Act.
5 (d) The Public Water Supply Loan Program shall be used
6 and administered by the Agency to provide assistance to local
7 government units for public water supplies for the following
8 public purposes:
9 (1) to accept and retain funds from grant awards,
10 appropriations, transfers, and payments of interest and
11 principal;
12 (2) to make direct loans at or below market
13 interest rates to any eligible local government unit to
14 finance the construction of public water supplies;
15 (3) to buy or refinance the debt obligation of a
16 local government unit for costs incurred on or after the
17 effective date of this amendatory Act of 1997;
18 (4) to guarantee local obligations where such
19 action would improve credit market access or reduce
20 interest rates;
21 (5) as a source of revenue or security for the
22 payment of principal and interest on revenue or general
23 obligation bonds issued by the State or any political
24 subdivision or instrumentality thereof, if the proceeds
25 of such bonds will be deposited into the Fund; and
26 (6) to transfer funds to the Water Pollution
27 Control Loan Program.
28 (e) The Agency is designated as the administering
29 agency of the Fund. The Agency shall submit to the Regional
30 Administrator of the United States Environmental Protection
31 Agency an intended use plan which outlines the proposed use
32 of funds available to the State. The Agency shall take all
33 actions necessary to secure to the State the benefits of the
34 federal Water Pollution Control Act and the federal Safe
35 Drinking Water Act, as now or hereafter amended.
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1 (f) The Agency shall have the power to enter into
2 intergovernmental agreements with the federal government or
3 the State, or any instrumentality thereof, for purposes of
4 capitalizing the Water Revolving Fund. Moneys on deposit in
5 the Water Revolving Fund may be used for the creation of
6 reserve funds or pledged funds that secure the obligations of
7 repayment of loans made pursuant to this Section. For the
8 purpose of obtaining capital for deposit into the Water
9 Revolving Fund, the Agency may also enter into agreements
10 with financial institutions and other persons for the purpose
11 of selling loans and developing a secondary market for such
12 loans. The Agency shall have the power to create and
13 establish such reserve funds and accounts as may be necessary
14 or desirable to accomplish its purposes under this subsection
15 and to allocate its available moneys into such funds and
16 accounts. Investment earnings on moneys held in the Water
17 Revolving Fund, including any reserve fund or pledged fund,
18 shall be deposited into the Water Revolving Fund.
19 (Source: P.A. 89-27, eff. 1-1-96; 90-121, eff. 7-17-97.)
20 (415 ILCS 5/19.4) (from Ch. 111 1/2, par. 1019.4)
21 Sec. 19.4. (a) The Agency shall have the authority to
22 promulgate regulations to set forth procedures and criteria
23 concerning loan applications. For units of local government,
24 the regulations shall include, but need not be limited to,
25 the following elements:,
26 (1) loan application requirements;
27 (2) determination of credit worthiness of the loan
28 applicant;
29 (3) special loan terms, as necessary, for securing
30 the repayment of the loan;
31 (4) assurance of payment;,
32 (5) interest rates;,
33 (6) loan support rates;,
34 (7) impact on user charges;,
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1 (8) eligibility of proposed construction;,
2 (9) priority of needs;,
3 (10) special loan terms for disadvantaged
4 communities;, and
5 (11) maximum limits on annual distributions of
6 funds to applicants or groups of applicants;.
7 (12) penalties for noncompliance with loan
8 requirements and conditions, including stop-work orders,
9 termination, and recovery of loan funds; and
10 (13) indemnification of the State of Illinois and
11 the Agency by the loan recipient.
12 (b) The Agency shall have the authority to promulgate
13 regulations to set forth procedures and criteria concerning
14 loan applications for loan recipients other than units of
15 local government. In addition to all of the elements
16 required for units of local government under subsection (a),
17 the regulations shall include, but need not be limited to,
18 the following elements:
19 (1) types of security required for the loan;
20 (2) types of collateral, as necessary, that can be
21 pledged for the loan; and
22 (3) staged access to fund privately owned community
23 water supplies.
24 (c) The Agency shall develop and maintain a priority
25 list of loan applicants as categorized by need. Priority in
26 making loans from the Water Pollution Control Loan Program
27 must first be given to local government units which need to
28 make capital improvements to achieve compliance with National
29 Pollutant Discharge Elimination System permit requirements
30 pursuant to the federal Water Quality Act of 1987 and this
31 Act. Priority in making loans from the Public Water Supply
32 Loan Program must first be given to local government units
33 that need to make capital improvements to protect human
34 health and to achieve compliance with the State and federal
35 primary drinking water standards adopted pursuant to this Act
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1 and the federal Safe Drinking Water Act, as now and hereafter
2 amended.
3 (Source: P.A. 89-27, eff. 1-1-96; 90-121, eff. 7-17-97.)
4 (415 ILCS 5/19.5) (from Ch. 111 1/2, par. 1019.5)
5 Sec. 19.5. Loans; repayment.
6 (a) The Agency shall have the authority to make loans
7 for a public purpose to local government units for the
8 construction of treatment works and public water supplies
9 pursuant to the regulations promulgated under Section 19.4.
10 (b) Loans made from the Fund shall provide for:
11 (1) a schedule of disbursement of proceeds;
12 (2) a fixed rate that includes interest and loan
13 support based upon priority, but the loan support rate
14 shall not exceed one-half of the fixed rate established
15 for each loan;
16 (3) a schedule of repayment;
17 (4) initiation of principal repayments within one
18 year after the project is operational; and
19 (5) a confession of judgment upon default.
20 (c) The Agency may amend existing loans to include a
21 loan support rate only if the overall cost to the loan
22 recipient is not increased.
23 (d) A local government unit shall secure the payment of
24 its obligations to the Fund by a dedicated source of
25 repayment, including revenues derived from the imposition of
26 rates, fees and charges. Other loan applicants shall secure
27 the payment of their obligations by appropriate security and
28 collateral pursuant to regulations promulgated under Section
29 19.4. In the event of a delinquency as to payments to the
30 Fund, the local government unit shall revise its rates, fees
31 and charges to meet its obligations.
32 (Source: P.A. 89-27, eff. 1-1-96; 90-121, eff. 7-17-97.)
33 (415 ILCS 5/19.6) (from Ch. 111 1/2, par. 1019.6)
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1 Sec. 19.6. Delinquent loan repayment.
2 (a) In the event that a timely payment is not made by a
3 loan recipient local government unit according to the loan
4 schedule of repayment, the loan recipient local government
5 unit shall notify the Agency in writing within 15 days after
6 the payment due date. The notification shall include a
7 statement of the reasons the payment was not timely tendered,
8 the circumstances under which the late payments will be
9 satisfied, and binding commitments to assure future payments.
10 After receipt of this notification, the Agency shall confirm
11 in writing the acceptability of the plan or take action in
12 accordance with subsection (b) of this Section.
13 (b) In the event that a loan recipient local government
14 unit fails to comply with subsection (a) of this Section, the
15 Agency shall promptly issue a notice of delinquency to the
16 loan recipient, local government unit which shall require a
17 written response within 15 30 days. The notice of
18 delinquency shall require that the loan recipient local
19 government unit revise its rates, fees and charges to meet
20 its obligations pursuant to subsection (d) of Section 19.5 or
21 take other specified actions as may be appropriate to remedy
22 the delinquency and to assure future payments.
23 (c) In the event that the loan recipient local
24 government unit fails to timely or adequately respond to a
25 notice of delinquency, or fails to meet its obligations made
26 pursuant to subsections (a) and (b) of this Section, the
27 Agency shall pursue the collection of the amounts past due,
28 the outstanding loan balance and the costs thereby incurred,
29 either pursuant to the Illinois State Collection Act of 1986
30 or by any other reasonable means as may be provided by law,
31 including the taking of title by foreclosure or otherwise to
32 any project or other property pledged, mortgaged, encumbered,
33 or otherwise available as security or collateral.
34 (Source: P.A. 90-121, eff. 7-17-97.)
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1 (415 ILCS 5/19.8) (from Ch. 111 1/2, par. 1019.8)
2 Sec. 19.8. Advisory committees; reports.
3 (a) The Director of the Agency shall appoint committees
4 to advise the Agency concerning the financial structure of
5 the Programs. The committees shall consist of
6 representatives from appropriate State agencies, the
7 financial community, engineering societies and other
8 interested parties. The committees shall meet periodically
9 and members shall be reimbursed for their ordinary and
10 necessary expenses incurred in the performance of their
11 committee duties.
12 (b) The Agency shall report to the General Assembly by
13 June 30, 1998 regarding the feasibility of providing drinking
14 water loans to not-for-profit community water supplies that
15 serve units of local government and to investor-owned public
16 utilities. The report shall include a detailed discussion of
17 all relevant factors and shall include participation from
18 representatives of the affected entities.
19 (Source: P.A. 90-121, eff. 7-17-97.)
20 (415 ILCS 5/22.2) (from Ch. 111 1/2, par. 1022.2)
21 Sec. 22.2. Hazardous waste; fees; liability.
22 (a) There are hereby created within the State Treasury 2
23 special funds to be known respectively as the "Hazardous
24 Waste Fund" and the "Hazardous Waste Research Fund",
25 constituted from the fees collected pursuant to this Section.
26 In addition to the fees collected under this Section, the
27 Hazardous Waste Fund shall include other moneys made
28 available from any source for deposit into the Fund.
29 (b) (1) On and after January 1, 1989, the Agency shall
30 collect from the owner or operator of each of the
31 following sites a fee in the amount of:
32 (A) 6 cents per gallon or $12.12 per cubic
33 yard of hazardous waste disposed for 1989, 7.5 cents
34 per gallon or $15.15 per cubic yard for 1990 and 9
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1 cents per gallon or $18.18 per cubic yard
2 thereafter, if the hazardous waste disposal site is
3 located off the site where such waste was produced.
4 The maximum amount payable under this subdivision
5 (A) with respect to the hazardous waste generated by
6 a single generator and deposited in monofills is
7 $20,000 for 1989, $25,000 for 1990, and $30,000 per
8 year thereafter. If, as a result of the use of
9 multiple monofills, waste fees in excess of the
10 maximum are assessed with respect to a single waste
11 generator, the generator may apply to the Agency for
12 a credit.
13 (B) 6 cents per gallon or $12.12 per cubic
14 yard of hazardous waste disposed for 1989, 7.5 cents
15 per gallon or $15.15 per cubic yard for 1990 and 9
16 cents or $18.18 per cubic yard thereafter, if the
17 hazardous waste disposal site is located on the site
18 where such waste was produced, provided however the
19 maximum amount of fees payable under this paragraph
20 (B) is $20,000 for 1989, $25,000 for 1990 and
21 $30,000 per year thereafter for each such hazardous
22 waste disposal site.
23 (C) If the hazardous waste disposal site is an
24 underground injection well, $6,000 per year if not
25 more than 10,000,000 gallons per year are injected,
26 $15,000 per year if more than 10,000,000 gallons but
27 not more than 50,000,000 gallons per year are
28 injected, and $27,000 per year if more than
29 50,000,000 gallons per year are injected.
30 (D) 2 cents per gallon or $4.04 per cubic yard
31 for 1989, 2.5 cents per gallon or $5.05 per cubic
32 yard for 1990, and 3 cents per gallon or $6.06 per
33 cubic yard thereafter of hazardous waste received
34 for treatment at a hazardous waste treatment site,
35 if the hazardous waste treatment site is located off
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1 the site where such waste was produced and if such
2 hazardous waste treatment site is owned, controlled
3 and operated by a person other than the generator of
4 such waste. After treatment at such hazardous waste
5 treatment site, the waste shall not be subject to
6 any other fee imposed by this subsection (b). For
7 purposes of this subsection (b), the term
8 "treatment" is defined as in Section 3.49 but shall
9 not include recycling, reclamation or reuse.
10 (2) The General Assembly shall annually appropriate
11 to the Fund such amounts as it deems necessary to fulfill
12 the purposes of this Act.
13 (3) The Agency shall have the authority to accept,
14 receive, and administer on behalf of the State any moneys
15 made available to the State from any source for the
16 purposes of the Hazardous Waste Fund set forth in
17 subsection (d) of this Section. Whenever the unobligated
18 balance of the Hazardous Waste Fund exceeds $10,000,000,
19 the Agency shall suspend the collection of the fees
20 provided for in this Section until the unobligated
21 balance of the Fund falls below $8,000,000.
22 (4) Of the amount collected as fees provided for in
23 this Section, the Agency shall manage the use of such
24 funds to assure that sufficient funds are available for
25 match towards federal expenditures for response action at
26 sites which are listed on the National Priorities List;
27 provided, however, that this shall not apply to
28 additional monies appropriated to the Fund by the General
29 Assembly, nor shall it apply in the event that the
30 Director finds that revenues in the Hazardous Waste Fund
31 must be used to address conditions which create or may
32 create an immediate danger to the environment or public
33 health or to the welfare of the people of the State of
34 Illinois.
35 (5) Notwithstanding the other provisions of this
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1 subsection (b), sludge from a publicly-owned sewage works
2 generated in Illinois, coal mining wastes and refuse
3 generated in Illinois, bottom boiler ash, flyash and flue
4 gas desulphurization sludge from public utility electric
5 generating facilities located in Illinois, and bottom
6 boiler ash and flyash from all incinerators which process
7 solely municipal waste shall not be subject to the fee.
8 (6) For the purposes of this subsection (b),
9 "monofill" means a facility, or a unit at a facility,
10 that accepts only wastes bearing the same USEPA hazardous
11 waste identification number, or compatible wastes as
12 determined by the Agency.
13 (c) The Agency shall establish procedures, not later
14 than January 1, 1984, relating to the collection of the fees
15 authorized by this Section. Such procedures shall include,
16 but not be limited to: (1) necessary records identifying the
17 quantities of hazardous waste received or disposed; (2) the
18 form and submission of reports to accompany the payment of
19 fees to the Agency; and (3) the time and manner of payment of
20 fees to the Agency, which payments shall be not more often
21 than quarterly.
22 (d) Beginning July 1, 1996, the Agency shall deposit all
23 such receipts in the State Treasury to the credit of the
24 Hazardous Waste Fund, except as provided in subsection (e) of
25 this Section. All monies in the Hazardous Waste Fund shall be
26 used by the Agency for the following purposes:
27 (1) Taking whatever preventive or corrective action
28 is necessary or appropriate, in circumstances certified
29 by the Director, including but not limited to removal or
30 remedial action whenever there is a release or
31 substantial threat of a release of a hazardous substance
32 or pesticide; provided, the Agency shall expend no more
33 than $1,000,000 on any single incident without
34 appropriation by the General Assembly.
35 (2) To meet any requirements which must be met by
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1 the State in order to obtain federal funds pursuant to
2 the Comprehensive Environmental Response, Compensation
3 and Liability Act of 1980, (P.L. 96-510).
4 (3) In an amount up to 30% of the amount collected
5 as fees provided for in this Section, for use by the
6 Agency to conduct groundwater protection activities,
7 including providing grants to appropriate units of local
8 government which are addressing protection of underground
9 waters pursuant to the provisions of this Act.
10 (4) To fund the development and implementation of
11 the model pesticide collection program under Section 19.1
12 of the Illinois Pesticide Act.
13 (5) To the extent the Agency has received and
14 deposited monies in the Fund other than fees collected
15 under subsection (b) of this Section, to pay for the cost
16 of Agency employees for services provided in reviewing
17 the performance of response actions pursuant to Title
18 XVII of this Act.
19 (6) In an amount up to 15% of the fees collected
20 annually under subsection (b) of this Section, for use by
21 the Agency for administration of the provisions of this
22 Section.
23 (e) The Agency shall deposit 10% of all receipts
24 collected under subsection (b) of this Section, but not to
25 exceed $200,000 per year, in the State Treasury to the credit
26 of the Hazardous Waste Research Fund established by this Act.
27 Pursuant to appropriation, all monies in such Fund shall be
28 used by the Department of Natural Resources for the purposes
29 set forth in this subsection.
30 The Department of Natural Resources may enter into
31 contracts with business, industrial, university, governmental
32 or other qualified individuals or organizations to assist in
33 the research and development intended to recycle, reduce the
34 volume of, separate, detoxify or reduce the hazardous
35 properties of hazardous wastes in Illinois. Monies in the
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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
35 party or entity from which facility there is a release or
-16- LRB9105635EGfgccr2
1 substantial threat of a release of such hazardous
2 substances or pesticides; and
3 (4) any person who accepts or accepted any
4 hazardous substances or pesticides for transport to
5 disposal, storage or treatment facilities or sites from
6 which there is a release or a substantial threat of a
7 release of a hazardous substance or pesticide.
8 Any monies received by the State of Illinois pursuant to
9 this subsection (f) shall be deposited in the State Treasury
10 to the credit of the Hazardous Waste Fund.
11 In accordance with the other provisions of this Section,
12 costs of removal or remedial action incurred by a unit of
13 local government may be recovered in an action before the
14 Board brought by the unit of local government under
15 subsection (i) of this Section. Any monies so recovered
16 shall be paid to the unit of local government.
17 (g)(1) No indemnification, hold harmless, or similar
18 agreement or conveyance shall be effective to transfer
19 from the owner or operator of any vessel or facility or
20 from any person who may be liable for a release or
21 substantial threat of a release under this Section, to
22 any other person the liability imposed under this
23 Section. Nothing in this Section shall bar any agreement
24 to insure, hold harmless or indemnify a party to such
25 agreements for any liability under this Section.
26 (2) Nothing in this Section, including the
27 provisions of paragraph (g)(1) of this Section, shall bar
28 a cause of action that an owner or operator or any other
29 person subject to liability under this Section, or a
30 guarantor, has or would have, by reason of subrogation or
31 otherwise against any person.
32 (h) For purposes of this Section:
33 (1) The term "facility" means:
34 (A) any building, structure, installation,
35 equipment, pipe or pipeline including but not
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1 limited to any pipe into a sewer or publicly owned
2 treatment works, well, pit, pond, lagoon,
3 impoundment, ditch, landfill, storage container,
4 motor vehicle, rolling stock, or aircraft; or
5 (B) any site or area where a hazardous
6 substance has been deposited, stored, disposed of,
7 placed, or otherwise come to be located.
8 (2) The term "owner or operator" means:
9 (A) any person owning or operating a vessel or
10 facility;
11 (B) in the case of an abandoned facility, any
12 person owning or operating the abandoned facility or
13 any person who owned, operated, or otherwise
14 controlled activities at the abandoned facility
15 immediately prior to such abandonment;
16 (C) in the case of a land trust as defined in
17 Section 2 of the Land Trustee as Creditor Act, the
18 person owning the beneficial interest in the land
19 trust;
20 (D) in the case of a fiduciary (other than a
21 land trustee), the estate, trust estate, or other
22 interest in property held in a fiduciary capacity,
23 and not the fiduciary. For the purposes of this
24 Section, "fiduciary" means a trustee, executor,
25 administrator, guardian, receiver, conservator or
26 other person holding a facility or vessel in a
27 fiduciary capacity;
28 (E) in the case of a "financial institution",
29 meaning the Illinois Housing Development Authority
30 and that term as defined in Section 2 of the
31 Illinois Banking Act, that has acquired ownership,
32 operation, management, or control of a vessel or
33 facility through foreclosure or under the terms of a
34 security interest held by the financial institution
35 or under the terms of an extension of credit made by
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1 the financial institution, the financial institution
2 only if the financial institution takes possession
3 of the vessel or facility and the financial
4 institution exercises actual, direct, and continual
5 or recurrent managerial control in the operation of
6 the vessel or facility that causes a release or
7 substantial threat of a release of a hazardous
8 substance or pesticide resulting in removal or
9 remedial action;
10 (F) In the case of an owner of residential
11 property, the owner if the owner is a person other
12 than an individual, or if the owner is an individual
13 who owns more than 10 dwelling units in Illinois, or
14 if the owner, or an agent, representative,
15 contractor, or employee of the owner, has caused,
16 contributed to, or allowed the release or threatened
17 release of a hazardous substance or pesticide. The
18 term "residential property" means single family
19 residences of one to 4 dwelling units, including
20 accessory land, buildings, or improvements
21 incidental to those dwellings that are exclusively
22 used for the residential use. For purposes of this
23 subparagraph (F), the term "individual" means a
24 natural person, and shall not include corporations,
25 partnerships, trusts, or other non-natural persons.
26 (G) In the case of any facility, title or
27 control of which was conveyed due to bankruptcy,
28 foreclosure, tax delinquency, abandonment, or
29 similar means to a unit of State or local
30 government, any person who owned, operated, or
31 otherwise controlled activities at the facility
32 immediately beforehand.
33 (H) The term "owner or operator" does not
34 include a unit of State or local government which
35 acquired ownership or control through bankruptcy,
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1 tax delinquency, abandonment, or other circumstances
2 in which the government acquires title by virtue of
3 its function as sovereign. The exclusion provided
4 under this paragraph shall not apply to any State or
5 local government which has caused or contributed to
6 the release or threatened release of a hazardous
7 substance from the facility, and such a State or
8 local government shall be subject to the provisions
9 of this Act in the same manner and to the same
10 extent, both procedurally and substantively, as any
11 nongovernmental entity, including liability under
12 Section 22.2(f).
13 (i) The costs and damages provided for in this Section
14 may be imposed by the Board in an action brought before the
15 Board in accordance with Title VIII of this Act, except that
16 Section 33(c) of this Act shall not apply to any such action.
17 (j) (1) There shall be no liability under this Section
18 for a person otherwise liable who can establish by a
19 preponderance of the evidence that the release or substantial
20 threat of release of a hazardous substance and the damages
21 resulting therefrom were caused solely by:
22 (A) an act of God;
23 (B) an act of war;
24 (C) an act or omission of a third party other than
25 an employee or agent of the defendant, or other than one
26 whose act or omission occurs in connection with a
27 contractual relationship, existing directly or
28 indirectly, with the defendant (except where the sole
29 contractual arrangement arises from a published tariff
30 and acceptance for carriage by a common carrier by rail),
31 if the defendant establishes by a preponderance of the
32 evidence that (i) he exercised due care with respect to
33 the hazardous substance concerned, taking into
34 consideration the characteristics of such hazardous
35 substance, in light of all relevant facts and
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1 circumstances, and (ii) he took precautions against
2 foreseeable acts or omissions of any such third party and
3 the consequences that could foreseeably result from such
4 acts or omissions; or
5 (D) any combination of the foregoing paragraphs.
6 (2) There shall be no liability under this Section for
7 any release permitted by State or federal law.
8 (3) There shall be no liability under this Section for
9 damages as a result of actions taken or omitted in the course
10 of rendering care, assistance, or advice in accordance with
11 this Section or the National Contingency Plan pursuant to the
12 Comprehensive Environmental Response, Compensation and
13 Liability Act of 1980 (P.L. 96-510) or at the direction of an
14 on-scene coordinator appointed under such plan, with respect
15 to an incident creating a danger to public health or welfare
16 or the environment as a result of any release of a hazardous
17 substance or a substantial threat thereof. This subsection
18 shall not preclude liability for damages as the result of
19 gross negligence or intentional misconduct on the part of
20 such person. For the purposes of the preceding sentence,
21 reckless, willful, or wanton misconduct shall constitute
22 gross negligence.
23 (4) There shall be no liability under this Section for
24 any person (including, but not limited to, an owner of
25 residential property who applies a pesticide to the
26 residential property or who has another person apply a
27 pesticide to the residential property) for response costs or
28 damages as the result of the storage, handling and use, or
29 recommendation for storage, handling and use, of a pesticide
30 consistent with:
31 (A) its directions for storage, handling and use as
32 stated in its label or labeling;
33 (B) its warnings and cautions as stated in its
34 label or labeling; and
35 (C) the uses for which it is registered under the
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1 Federal Insecticide, Fungicide and Rodenticide Act and
2 the Illinois Pesticide Act.
3 (4.5) There shall be no liability under subdivision
4 (f)(1) of this Section for response costs or damages as the
5 result of a release of a pesticide from an agrichemical
6 facility site if the Agency has received notice from the
7 Department of Agriculture pursuant to Section 19.3 of the
8 Illinois Pesticide Act, the owner or operator of the
9 agrichemical facility is proceeding with a corrective action
10 plan under the Agrichemical Facility Response Action Program
11 implemented under that Section, and the Agency has provided a
12 written endorsement of a corrective action plan.
13 (4.6) There shall be no liability under subdivision
14 (f)(1) of this Section for response costs or damages as the
15 result of a substantial threat of a release of a pesticide
16 from an agrichemical facility site if the Agency has received
17 notice from the Department of Agriculture pursuant to Section
18 19.3 of the Illinois Pesticide Act and the owner or operator
19 of the agrichemical facility is proceeding with a corrective
20 action plan under the Agrichemical Facility Response Action
21 Program implemented under that Section.
22 (5) Nothing in this subsection (j) shall affect or
23 modify in any way the obligations or liability of any person
24 under any other provision of this Act or State or federal
25 law, including common law, for damages, injury, or loss
26 resulting from a release or substantial threat of a release
27 of any hazardous substance or for removal or remedial action
28 or the costs of removal or remedial action of such hazardous
29 substance.
30 (6)(A) The term "contractual relationship", for the
31 purpose of this subsection includes, but is not limited to,
32 land contracts, deeds or other instruments transferring title
33 or possession, unless the real property on which the facility
34 concerned is located was acquired by the defendant after the
35 disposal or placement of the hazardous substance on, in, or
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1 at the facility, and one or more of the circumstances
2 described in clause (i), (ii), or (iii) of this paragraph is
3 also established by the defendant by a preponderance of the
4 evidence:
5 (i) At the time the defendant acquired the facility
6 the defendant did not know and had no reason to know that
7 any hazardous substance which is the subject of the
8 release or threatened release was disposed of on, in or
9 at the facility.
10 (ii) The defendant is a government entity which
11 acquired the facility by escheat, or through any other
12 involuntary transfer or acquisition, or through the
13 exercise of eminent domain authority by purchase or
14 condemnation.
15 (iii) The defendant acquired the facility by
16 inheritance or bequest.
17 In addition to establishing the foregoing, the defendant
18 must establish that he has satisfied the requirements of
19 subparagraph (C) of paragraph (l) of this subsection (j).
20 (B) To establish the defendant had no reason to know, as
21 provided in clause (i) of subparagraph (A) of this paragraph,
22 the defendant must have undertaken, at the time of
23 acquisition, all appropriate inquiry into the previous
24 ownership and uses of the property consistent with good
25 commercial or customary practice in an effort to minimize
26 liability. For purposes of the preceding sentence, the court
27 shall take into account any specialized knowledge or
28 experience on the part of the defendant, the relationship of
29 the purchase price to the value of the property if
30 uncontaminated, commonly known or reasonably ascertainable
31 information about the property, the obviousness of the
32 presence or likely presence of contamination at the property,
33 and the ability to detect such contamination by appropriate
34 inspection.
35 (C) Nothing in this paragraph (6) or in subparagraph (C)
-23- LRB9105635EGfgccr2
1 of paragraph (1) of this subsection shall diminish the
2 liability of any previous owner or operator of such facility
3 who would otherwise be liable under this Act. Notwithstanding
4 this paragraph (6), if the defendant obtained actual
5 knowledge of the release or threatened release of a hazardous
6 substance at such facility when the defendant owned the real
7 property and then subsequently transferred ownership of the
8 property to another person without disclosing such knowledge,
9 such defendant shall be treated as liable under subsection
10 (f) of this Section and no defense under subparagraph (C) of
11 paragraph (1) of this subsection shall be available to such
12 defendant.
13 (D) Nothing in this paragraph (6) shall affect the
14 liability under this Act of a defendant who, by any act or
15 omission, caused or contributed to the release or threatened
16 release of a hazardous substance which is the subject of the
17 action relating to the facility.
18 (E) (i) Except as provided in clause (ii) of this
19 subparagraph (E), a defendant who has acquired real property
20 shall have established a rebuttable presumption against all
21 State claims and a conclusive presumption against all private
22 party claims that the defendant has made all appropriate
23 inquiry within the meaning of subdivision (6)(B) of this
24 subsection (j) if the defendant proves that immediately prior
25 to or at the time of the acquisition:
26 (I) the defendant obtained a Phase I Environmental
27 Audit of the real property that meets or exceeds the
28 requirements of this subparagraph (E), and the Phase I
29 Environmental Audit did not disclose the presence or
30 likely presence of a release or a substantial threat of a
31 release of a hazardous substance or pesticide at, on, to,
32 or from the real property; or
33 (II) the defendant obtained a Phase II
34 Environmental Audit of the real property that meets or
35 exceeds the requirements of this subparagraph (E), and
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1 the Phase II Environmental Audit did not disclose the
2 presence or likely presence of a release or a substantial
3 threat of a release of a hazardous substance or pesticide
4 at, on, to, or from the real property.
5 (ii) No presumption shall be created under clause (i) of
6 this subparagraph (E), and a defendant shall be precluded
7 from demonstrating that the defendant has made all
8 appropriate inquiry within the meaning of subdivision (6)(B)
9 of this subsection (j), if:
10 (I) the defendant fails to obtain all Environmental
11 Audits required under this subparagraph (E) or any such
12 Environmental Audit fails to meet or exceed the
13 requirements of this subparagraph (E);
14 (II) a Phase I Environmental Audit discloses the
15 presence or likely presence of a release or a substantial
16 threat of a release of a hazardous substance or pesticide
17 at, on, to, or from real property, and the defendant
18 fails to obtain a Phase II Environmental Audit;
19 (III) a Phase II Environmental Audit discloses the
20 presence or likely presence of a release or a substantial
21 threat of a release of a hazardous substance or pesticide
22 at, on, to, or from the real property;
23 (IV) the defendant fails to maintain a written
24 compilation and explanatory summary report of the
25 information reviewed in the course of each Environmental
26 Audit under this subparagraph (E); or
27 (V) there is any evidence of fraud, material
28 concealment, or material misrepresentation by the
29 defendant of environmental conditions or of related
30 information discovered during the course of an
31 Environmental Audit.
32 (iii) For purposes of this subparagraph (E), the term
33 "environmental professional" means an individual (other than
34 a practicing attorney) who, through academic training,
35 occupational experience, and reputation (such as engineers,
-25- LRB9105635EGfgccr2
1 industrial hygienists, or geologists) can objectively conduct
2 one or more aspects of an Environmental Audit and who either:
3 (I) maintains at the time of the Environmental
4 Audit and for at least one year thereafter at least
5 $500,000 of environmental consultants' professional
6 liability insurance coverage issued by an insurance
7 company licensed to do business in Illinois; or
8 (II) is an Illinois licensed professional engineer
9 or an Illinois licensed industrial hygienist.
10 An environmental professional may employ persons who are
11 not environmental professionals to assist in the preparation
12 of an Environmental Audit if such persons are under the
13 direct supervision and control of the environmental
14 professional.
15 (iv) For purposes of this subparagraph (E), the term
16 "real property" means any interest in any parcel of land, and
17 shall not be limited to the definition of the term "real
18 property" contained in the Responsible Property Transfer Act
19 of 1988. For purposes of this subparagraph (E), the term
20 "real property" includes, but is not limited to, buildings,
21 fixtures, and improvements.
22 (v) For purposes of this subparagraph (E), the term
23 "Phase I Environmental Audit" means an investigation of real
24 property, conducted by environmental professionals, to
25 discover the presence or likely presence of a release or a
26 substantial threat of a release of a hazardous substance or
27 pesticide at, on, to, or from real property, and whether a
28 release or a substantial threat of a release of a hazardous
29 substance or pesticide has occurred or may occur at, on, to,
30 or from the real property. The investigation shall include a
31 review of at least each of the following sources of
32 information concerning the current and previous ownership and
33 use of the real property:
34 (I) Recorded chain of title documents regarding the
35 real property, including all deeds, easements, leases,
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1 restrictions, and covenants for a period of 50 years.
2 (II) Aerial photographs that may reflect prior uses
3 of the real property and that are reasonably obtainable
4 through State, federal, or local government agencies or
5 bodies.
6 (III) Recorded environmental cleanup liens, if any,
7 against the real property that have arisen pursuant to
8 this Act or federal statutes.
9 (IV) Reasonably obtainable State, federal, and
10 local government records of sites or facilities at, on,
11 or near the real property to discover the presence or
12 likely presence of a hazardous substance or pesticide,
13 and whether a release or a substantial threat of a
14 release of a hazardous substance or pesticide has
15 occurred or may occur at, on, to, or from the real
16 property. Such government records shall include, but not
17 be limited to: reasonably obtainable State, federal, and
18 local government investigation reports for those sites or
19 facilities; reasonably obtainable State, federal, and
20 local government records of activities likely to cause or
21 contribute to a release or a threatened release of a
22 hazardous substance or pesticide at, on, to, or from the
23 real property, including landfill and other treatment,
24 storage, and disposal location records, underground
25 storage tank records, hazardous waste transporter and
26 generator records, and spill reporting records; and other
27 reasonably obtainable State, federal, and local
28 government environmental records that report incidents or
29 activities that are likely to cause or contribute to a
30 release or a threatened release of a hazardous substance
31 or pesticide at, on, to, or from the real property. In
32 order to be deemed "reasonably obtainable" as required
33 herein, a copy or reasonable facsimile of the record must
34 be obtainable from the government agency by request and
35 upon payment of a processing fee, if any, established by
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1 the government agency. The Agency is authorized to
2 establish a reasonable fee for processing requests
3 received under this subparagraph (E) for records. All
4 fees collected by the Agency under this clause (v)(IV)
5 shall be deposited into the Environmental Protection
6 Permit and Inspection Fund in accordance with Section
7 22.8. Notwithstanding any other law, if the fee is paid,
8 commencing on the effective date of this amendatory Act
9 of 1993 and until one year after the effective date of
10 this amendatory Act of 1993, the Agency shall use its
11 best efforts to process a request received under this
12 subparagraph (E) as expeditiously as possible.
13 Notwithstanding any other law, commencing one year after
14 the effective date of this amendatory Act of 1993, if the
15 fee is paid, the Agency shall process a request received
16 under this subparagraph (E) for records within 30 days of
17 the receipt of such request.
18 (V) A visual site inspection of the real property
19 and all facilities and improvements on the real property
20 and a visual inspection of properties immediately
21 adjacent to the real property, including an investigation
22 of any use, storage, treatment, spills from use, or
23 disposal of hazardous substances, hazardous wastes, solid
24 wastes, or pesticides. If the person conducting the
25 investigation is denied access to any property adjacent
26 to the real property, the person shall conduct a visual
27 inspection of that adjacent property from the property to
28 which the person does have access and from public
29 rights-of-way.
30 (VI) A review of business records for activities at
31 or on the real property for a period of 50 years.
32 (vi) For purposes of subparagraph (E), the term "Phase
33 II Environmental Audit" means an investigation of real
34 property, conducted by environmental professionals,
35 subsequent to a Phase I Environmental Audit. If the Phase I
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1 Environmental Audit discloses the presence or likely presence
2 of a hazardous substance or a pesticide or a release or a
3 substantial threat of a release of a hazardous substance or
4 pesticide:
5 (I) In or to soil, the defendant, as part of the
6 Phase II Environmental Audit, shall perform a series of
7 soil borings sufficient to determine whether there is a
8 presence or likely presence of a hazardous substance or
9 pesticide and whether there is or has been a release or a
10 substantial threat of a release of a hazardous substance
11 or pesticide at, on, to, or from the real property.
12 (II) In or to groundwater, the defendant, as part
13 of the Phase II Environmental Audit, shall: review
14 information regarding local geology, water well
15 locations, and locations of waters of the State as may be
16 obtained from State, federal, and local government
17 records, including but not limited to the United States
18 Geological Service, the State Geological Survey Division
19 of the Department of Natural Resources, and the State
20 Water Survey Division of the Department of Natural
21 Resources; and perform groundwater monitoring sufficient
22 to determine whether there is a presence or likely
23 presence of a hazardous substance or pesticide, and
24 whether there is or has been a release or a substantial
25 threat of a release of a hazardous substance or pesticide
26 at, on, to, or from the real property.
27 (III) On or to media other than soil or
28 groundwater, the defendant, as part of the Phase II
29 Environmental Audit, shall perform an investigation
30 sufficient to determine whether there is a presence or
31 likely presence of a hazardous substance or pesticide,
32 and whether there is or has been a release or a
33 substantial threat of a release of a hazardous substance
34 or pesticide at, on, to, or from the real property.
35 (vii) The findings of each Environmental Audit prepared
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1 under this subparagraph (E) shall be set forth in a written
2 audit report. Each audit report shall contain an affirmation
3 by the defendant and by each environmental professional who
4 prepared the Environmental Audit that the facts stated in the
5 report are true and are made under a penalty of perjury as
6 defined in Section 32-2 of the Criminal Code of 1961. It is
7 perjury for any person to sign an audit report that contains
8 a false material statement that the person does not believe
9 to be true.
10 (viii) The Agency is not required to review, approve, or
11 certify the results of any Environmental Audit. The
12 performance of an Environmental Audit shall in no way entitle
13 a defendant to a presumption of Agency approval or
14 certification of the results of the Environmental Audit.
15 The presence or absence of a disclosure document prepared
16 under the Responsible Property Transfer Act of 1988 shall not
17 be a defense under this Act and shall not satisfy the
18 requirements of subdivision (6)(A) of this subsection (j).
19 (7) No person shall be liable under this Section for
20 response costs or damages as the result of a pesticide
21 release if the Agency has found that a pesticide release
22 occurred based on a Health Advisory issued by the U.S.
23 Environmental Protection Agency or an action level developed
24 by the Agency, unless the Agency notified the manufacturer of
25 the pesticide and provided an opportunity of not less than 30
26 days for the manufacturer to comment on the technical and
27 scientific justification supporting the Health Advisory or
28 action level.
29 (8) No person shall be liable under this Section for
30 response costs or damages as the result of a pesticide
31 release that occurs in the course of a farm pesticide
32 collection program operated under Section 19.1 of the
33 Illinois Pesticide Act, unless the release results from gross
34 negligence or intentional misconduct.
35 (k) If any person who is liable for a release or
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1 substantial threat of release of a hazardous substance or
2 pesticide fails without sufficient cause to provide removal
3 or remedial action upon or in accordance with a notice and
4 request by the Agency or upon or in accordance with any order
5 of the Board or any court, such person may be liable to the
6 State for punitive damages in an amount at least equal to,
7 and not more than 3 times, the amount of any costs incurred
8 by the State of Illinois as a result of such failure to take
9 such removal or remedial action. The punitive damages
10 imposed by the Board shall be in addition to any costs
11 recovered from such person pursuant to this Section and in
12 addition to any other penalty or relief provided by this Act
13 or any other law.
14 Any monies received by the State pursuant to this
15 subsection (k) shall be deposited in the Hazardous Waste
16 Fund.
17 (l) Beginning January 1, 1988, the Agency shall annually
18 collect a $250 fee for each Special Waste Hauling Permit
19 Application and, in addition, shall collect a fee of $20 for
20 each waste hauling vehicle identified in the annual permit
21 application and for each vehicle which is added to the permit
22 during the annual period. The Agency shall deposit 85% of
23 such fees collected under this subsection in the State
24 Treasury to the credit of the Hazardous Waste Research Fund;
25 and shall deposit the remaining 15% of such fees collected in
26 the State Treasury to the credit of the Environmental
27 Protection Permit and Inspection Fund. The majority of such
28 receipts which are deposited in the Hazardous Waste Research
29 Fund pursuant to this subsection shall be used by the
30 Department of Natural Resources for activities which relate
31 to the protection of underground waters. Persons engaged in
32 the offsite transportation of hazardous waste by highway and
33 participating in the Uniform Program under subsection (l-5)
34 are not required to file a Special Waste Hauling Permit
35 Application.
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1 (l-5) (1) As used in this subsection:
2 "Base state" means the state selected by a
3 transporter according to the procedures established under
4 the Uniform Program.
5 "Base state agreement" means an agreement between
6 participating states electing to register or permit
7 transporters.
8 "Participating state" means a state electing to
9 participate in the Uniform Program by entering into a
10 base state agreement.
11 "Transporter" means a person engaged in the offsite
12 transportation of hazardous waste by highway.
13 "Uniform application" means the uniform registration
14 and permit application form prescribed under the Uniform
15 Program.
16 "Uniform Program" means the Uniform State Hazardous
17 Materials Transportation Registration and Permit Program
18 established in the report submitted and amended pursuant
19 to 49 U.S.C. Section 5119(b), as implemented by the
20 Agency under this subsection.
21 "Vehicle" means any self-propelled motor vehicle,
22 except a truck tractor without a trailer, designed or
23 used for the transportation of hazardous waste subject to
24 the hazardous waste manifesting requirements of 40 U.S.C.
25 Section 6923(a)(3).
26 (2) Beginning July 1, 1998, the Agency shall
27 implement the Uniform State Hazardous Materials
28 Transportation Registration and Permit Program. On and
29 after that date, no person shall engage in the offsite
30 transportation of hazardous waste by highway without
31 registering and obtaining a permit under the Uniform
32 Program. A transporter with its principal place of
33 business in Illinois shall register with and obtain a
34 permit from the Agency. A transporter that designates
35 another participating state in the Uniform Program as its
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1 base state shall likewise register with and obtain a
2 permit from that state before transporting hazardous
3 waste in Illinois.
4 (3) Beginning July 1, 1998, the Agency shall
5 annually collect no more than a $250 processing and audit
6 fee from each transporter of hazardous waste who has
7 filed a uniform application and, in addition, the Agency
8 shall annually collect an apportioned vehicle
9 registration fee of $20. The amount of the apportioned
10 vehicle registration fee shall be calculated consistent
11 with the procedures established under the Uniform
12 Program.
13 All moneys received by the Agency from the
14 collection of fees pursuant to the Uniform Program shall
15 be deposited into the Hazardous Waste Transporter account
16 hereby created within the Environmental Protection Permit
17 and Inspection Fund. Moneys remaining in the account at
18 the close of the fiscal year shall not lapse to the
19 General Revenue Fund. The State Treasurer may receive
20 money or other assets from any source for deposit into
21 the account. The Agency may expend moneys from the
22 account, upon appropriation, for the implementation of
23 the Uniform Program, including the costs to the Agency of
24 fee collection and administration. In addition, funds
25 not expended for the implementation of the Uniform
26 Program may be utilized for emergency response and
27 cleanup activities related to hazardous waste
28 transportation that are initiated by the Agency.
29 Whenever the amount of the Hazardous Waste
30 Transporter account exceeds by 115% the amount annually
31 appropriated by the General Assembly, the Agency shall credit
32 participating transporters an amount, proportionately based
33 on the amount of the vehicle fee paid, equal to the excess in
34 the account, and shall determine the need to reduce the
35 amount of the fee charged transporters in the subsequent
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1 fiscal year by the amount of the credit.
2 (4) (A) The Agency may propose and the Board shall
3 adopt rules as necessary to implement and enforce the
4 Uniform Program. The Agency is authorized to enter into
5 agreements with other agencies of this State as necessary
6 to carry out administrative functions or enforcement of
7 the Uniform Program.
8 (B) The Agency shall recognize a Uniform Program
9 registration as valid for one year from the date a notice
10 of registration form is issued and a permit as valid for
11 3 years from the date issued or until a transporter fails
12 to renew its registration, whichever occurs first.
13 (C) The Agency may inspect or examine any motor
14 vehicle or facility operated by a transporter, including
15 papers, books, records, documents, or other materials to
16 determine if a transporter is complying with the Uniform
17 Program. The Agency may also conduct investigations and
18 audits as necessary to determine if a transporter is
19 entitled to a permit or to make suspension or revocation
20 determinations consistent with the standards of the
21 Uniform Program.
22 (5) The Agency may enter into agreements with
23 federal agencies, national repositories, or other
24 participating states as necessary to allow for the
25 reciprocal registration and permitting of transporters
26 pursuant to the Uniform Program. The agreements may
27 include procedures for determining a base state, the
28 collection and distribution of registration fees, dispute
29 resolution, the exchange of information for reporting and
30 enforcement purposes, and other provisions necessary to
31 fully implement, administer, and enforce the Uniform
32 Program.
33 (m) (Blank).
34 (n) (Blank).
35 (Source: P.A. 89-94, eff. 7-6-95; 89-158, eff. 1-1-96;
-34- LRB9105635EGfgccr2
1 89-431, eff. 12-15-95; 89-443, eff. 7-1-96; 89-445, eff.
2 2-7-96; 89-626, eff. 8-9-96; 90-14, eff. 7-1-97; 90-219, eff.
3 7-25-97; 90-773, eff. 8-14-98.)
4 (415 ILCS 5/58)
5 Sec. 58. Intent. It is the intent of this Title:
6 (1) To establish a risk-based system of remediation
7 based on protection of human health and the environment
8 relative to present and future uses of the site.
9 (2) To assure that the land use for which remedial
10 action was undertaken will not be modified without
11 consideration of the adequacy of such remedial action for
12 the new land use.
13 (3) To provide incentives to the private sector to
14 undertake remedial action.
15 (4) To establish expeditious alternatives for the
16 review of site investigation and remedial activities,
17 including a privatized review process.
18 (5) To assure that the resources of the Hazardous
19 Waste Fund are used in a manner that is protective of
20 human health and the environment relative to present and
21 future uses of the site and surrounding area.
22 (6) To provide assistance to units of local
23 government for remediation of properties contaminated or
24 potentially contaminated by commercial, industrial, or
25 other uses, to provide loans for the redevelopment of
26 brownfields, and to establish and provide for the
27 administration of the Brownfields Redevelopment Fund.
28 (Source: P.A. 89-431, eff. 12-15-95; 89-443, eff. 7-1-96;
29 90-123, eff. 7-21-97.)
30 (415 ILCS 5/58.3)
31 Sec. 58.3. Site Investigation and Remedial Activities
32 Program; Brownfields Redevelopment Fund.
33 (a) The General Assembly hereby establishes by this
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1 Title a Site Investigation and Remedial Activities Program
2 for sites subject to this Title. This program shall be
3 administered by the Illinois Environmental Protection Agency
4 under this Title XVII and rules adopted by the Illinois
5 Pollution Control Board.
6 (b) (1) The General Assembly hereby creates within the
7 State Treasury a special fund to be known as the
8 Brownfields Redevelopment Fund, consisting of 2 programs
9 to be known as the "Brownfields Redevelopment Grant
10 Program" and the "Brownfields Redevelopment Loan
11 Program", which shall be used and administered by the
12 Agency as provided in Sections Section 58.13 and 58.15 of
13 this Act and the rules adopted under those Sections that
14 Section. The Brownfields Redevelopment Fund ("Fund")
15 shall contain moneys transferred from the Response
16 Contractors Indemnification Fund and other moneys made
17 available for deposit into the Fund.
18 (2) The State Treasurer, ex officio, shall be the
19 custodian of the Fund, and the Comptroller shall direct
20 payments from the Fund upon vouchers properly certified
21 by the Agency. The Treasurer shall credit to the Fund
22 interest earned on moneys contained in the Fund. The
23 Agency shall have the authority to accept, receive, and
24 administer on behalf of the State any grants, gifts,
25 loans, reimbursements or payments for services, or other
26 moneys made available to the State from any source for
27 purposes of the Fund. Those moneys shall be deposited
28 into the Fund, unless otherwise required by the
29 Environmental Protection Act or by federal law.
30 (3) Pursuant to appropriation, all moneys in the
31 Fund shall be used by the Agency for the purposes set
32 forth in subdivision (b)(4) of this Section and Sections
33 Section 58.13 and 58.15 of this Act and to cover the
34 Agency's costs of program development and administration
35 under those Sections that Section.
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1 (4) The Agency shall have the power to enter into
2 intergovernmental agreements with the federal government
3 or the State, or any instrumentality thereof, for
4 purposes of capitalizing the Brownfields Redevelopment
5 Fund. Moneys on deposit in the Brownfields Redevelopment
6 Fund may be used for the creation of reserve funds or
7 pledged funds that secure the obligations of repayment of
8 loans made pursuant to Section 58.15 of this Act. For
9 the purpose of obtaining capital for deposit into the
10 Brownfields Redevelopment Fund, the Agency may also enter
11 into agreements with financial institutions and other
12 persons for the purpose of selling loans and developing a
13 secondary market for such loans. The Agency shall have
14 the power to create and establish such reserve funds and
15 accounts as may be necessary or desirable to accomplish
16 its purposes under this subsection and to allocate its
17 available moneys into such funds and accounts.
18 Investment earnings on moneys held in the Brownfields
19 Redevelopment Fund, including any reserve fund or pledged
20 fund, shall be deposited into the Brownfields
21 Redevelopment Fund.
22 (Source: P.A. 89-431, eff. 12-15-95; 89-443, eff. 7-1-96;
23 90-123, eff. 7-21-97.)
24 (415 ILCS 5/58.15 new)
25 Sec. 58.15. Brownfields Redevelopment Loan Program.
26 (a) The Agency shall establish and administer a
27 revolving loan program to be known as the "Brownfields
28 Redevelopment Loan Program" for the purpose of providing
29 loans to be used for site investigation, site remediation, or
30 both, at brownfields sites. All principal, interest, and
31 penalty payments from loans made under this Section shall be
32 deposited into the Brownfields Redevelopment Fund and reused
33 in accordance with this Section.
34 (b) General requirements for loans:
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1 (1) Loans shall be at or below market interest
2 rates in accordance with a formula set forth in
3 regulations promulgated under subsection (c) of this
4 Section.
5 (2) Loans shall be awarded subject to availability
6 of funding based on the order of receipt of applications
7 satisfying all requirements as set forth in the
8 regulations promulgated under subsection (c) of this
9 Section.
10 (3) The maximum loan amount under this Section for
11 any one project is $1,000,000.
12 (4) In addition to any requirements or conditions
13 placed on loans by regulation, loan agreements under the
14 Brownfields Redevelopment Loan Program shall include the
15 following requirements:
16 (A) the loan recipient shall secure the loan
17 repayment obligation;
18 (B) completion of the loan repayment shall not
19 exceed 5 years; and
20 (C) loan agreements shall provide for a
21 confession of judgment by the loan recipient upon
22 default.
23 (5) Loans shall not be used to cover expenses
24 incurred prior to the approval of the loan application.
25 (6) If the loan recipient fails to make timely
26 payments or otherwise fails to meet its obligations as
27 provided in this Section or implementing regulations, the
28 Agency is authorized to pursue the collection of the
29 amounts past due, the outstanding loan balance, and the
30 costs thereby incurred, either pursuant to the Illinois
31 State Collection Act of 1986 or by any other means
32 provided by law, including the taking of title, by
33 foreclosure or otherwise, to any project or other
34 property pledged, mortgaged, encumbered, or otherwise
35 available as security or collateral.
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1 (c) The Agency shall have the authority to enter into
2 any contracts or agreements that may be necessary to carry
3 out its duties or responsibilities under this Section. The
4 Agency shall have the authority to promulgate regulations
5 setting forth procedures and criteria for administering the
6 Brownfields Redevelopment Loan Program. The regulations
7 promulgated by the Agency for loans under this Section shall
8 include, but need not be limited to, the following elements:
9 (1) loan application requirements;
10 (2) determination of credit worthiness of the loan
11 applicant;
12 (3) types of security required for the loan;
13 (4) types of collateral, as necessary, that can be
14 pledged for the loan;
15 (5) special loan terms, as necessary, for securing
16 the repayment of the loan;
17 (6) maximum loan amounts;
18 (7) purposes for which loans are available;
19 (8) application periods and content of
20 applications;
21 (9) procedures for Agency review of loan
22 applications, loan approvals or denials, and loan
23 acceptance by the loan recipient;
24 (10) procedures for establishing interest rates;
25 (11) requirements applicable to disbursement of
26 loans to loan recipients;
27 (12) requirements for securing loan repayment
28 obligations;
29 (13) conditions or circumstances constituting
30 default;
31 (14) procedures for repayment of loans and
32 delinquent loans including, but not limited to, the
33 initiation of principal and interest payments following
34 loan acceptance;
35 (15) loan recipient responsibilities for work
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1 schedules, work plans, reports, and record keeping;
2 (16) evaluation of loan recipient performance,
3 including auditing and access to sites and records;
4 (17) requirements applicable to contracting and
5 subcontracting by the loan recipient, including
6 procurement requirements;
7 (18) penalties for noncompliance with loan
8 requirements and conditions, including stop-work orders,
9 termination, and recovery of loan funds; and
10 (19) indemnification of the State of Illinois and
11 the Agency by the loan recipient.
12 (d) Moneys in the Brownfields Redevelopment Fund may be
13 used as a source of revenue or security for the principal and
14 interest on revenue or general obligation bonds issued by the
15 State or any political subdivision or instrumentality
16 thereof, if the proceeds of those bonds will be deposited
17 into the Fund.
18 Section 10. Severability. The provisions of this Act
19 are severable under Section 1.31 of the Statute on Statutes.
20 Section 99. Effective date. This Act takes effect upon
21 becoming law.".
22 Submitted on , 1999.
23 ______________________________ _____________________________
24 Senator Representative
25 ______________________________ _____________________________
26 Senator Representative
27 ______________________________ _____________________________
28 Senator Representative
29 ______________________________ _____________________________
30 Senator Representative
31 ______________________________ _____________________________
32 Senator Representative
33 Committee for the Senate Committee for the House