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92_HB4471
LRB9212424LBpr
1 AN ACT concerning environmental protection.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Environmental Protection Act is amended
5 by changing Sections 57.1, 57.2, 57.5, 57.6, 57.7, 57.8,
6 57.10, and 57.13 and adding Section 57.14A as follows:
7 (415 ILCS 5/57.1)
8 Sec. 57.1. Applicability.
9 (a) An owner or operator of an underground storage tank
10 who meets the definition of this Title shall be required to
11 conduct tank removal, abandonment and, repair, site
12 investigation, and physical soil classification, groundwater
13 investigation, site classification or corrective action in
14 accordance with the requirements of the Leaking Underground
15 Storage Tank Program.
16 (b) An owner or operator of a heating oil tank as
17 defined by this Title may elect to perform tank removal,
18 abandonment or, repair, site investigation, or corrective
19 action, unless the provisions of subsection (g) of Section
20 57.5 are applicable.
21 (c) All owners or operators who conduct tank removal,
22 repair or, abandonment, site investigation, physical soil
23 classification, groundwater investigation, site
24 classification or corrective action may be eligible for the
25 relief provided for under Section 57.10 of this Title.
26 (d) The owners or operators, or both, of underground
27 storage tanks containing regulated substances other than
28 petroleum shall undertake corrective action in conformance
29 with regulations promulgated by the Illinois Pollution
30 Control Board.
31 (Source: P.A. 88-496; 89-428, eff. 1-1-96; 89-457, eff.
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1 5-22-96.)
2 (415 ILCS 5/57.2)
3 Sec. 57.2. Definitions. As used in this Title:
4 "Audit" means a systematic inspection or examination of
5 plans, reports, records, or documents to determine the
6 completeness and accuracy of the data and conclusions
7 contained therein.
8 "Bodily injury" means bodily injury, sickness, or disease
9 sustained by a person, including death at any time, resulting
10 from a release of petroleum from an underground storage tank.
11 "Release" means any spilling, leaking, emitting,
12 discharging, escaping, leaching or disposing of petroleum
13 from an underground storage tank into groundwater, surface
14 water or subsurface soils.
15 "Fill material" means non-native or disturbed materials
16 used to bed and backfill around an underground storage tank.
17 "Fund" means the Underground Storage Tank Fund.
18 "Heating Oil" means petroleum that is No. 1, No. 2, No. 4
19 - light, No. 4 - heavy, No. 5 - light, No. 5 - heavy or No. 6
20 technical grades of fuel oil; and other residual fuel oils
21 including Navy Special Fuel Oil and Bunker C.
22 "Indemnification" means indemnification of an owner or
23 operator for the amount of any judgment entered against the
24 owner or operator in a court of law, for the amount of any
25 final order or determination made against the owner or
26 operator by an agency of State government or any subdivision
27 thereof, or for the amount of any settlement entered into by
28 the owner or operator, if the judgment, order, determination,
29 or settlement arises out of bodily injury or property damage
30 suffered as a result of a release of petroleum from an
31 underground storage tank owned or operated by the owner or
32 operator.
33 "Corrective action" means activities associated with
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1 compliance with the provisions of Sections 57.6 and 57.7 of
2 this Title.
3 "Occurrence" means an accident, including continuous or
4 repeated exposure to conditions, that results in a sudden or
5 nonsudden release from an underground storage tank.
6 When used in connection with, or when otherwise relating
7 to, underground storage tanks, the terms "facility", "owner",
8 "operator", "underground storage tank", "(UST)", "petroleum"
9 and "regulated substance" shall have the meanings ascribed to
10 them in Subtitle I of the Hazardous and Solid Waste
11 Amendments of 1984 (P.L. 98-616), of the Resource
12 Conservation and Recovery Act of 1976 (P.L. 94-580); provided
13 however that the term "underground storage tank" shall also
14 mean an underground storage tank used exclusively to store
15 heating oil for consumptive use on the premises where stored
16 and which serves other than a farm or residential unit.
17 "Licensed Professional Engineer" means a person,
18 corporation, or partnership licensed under the laws of the
19 State of Illinois to practice professional engineering.
20 "Site" means any single location, place, tract of land or
21 parcel of property including contiguous property not
22 separated by a public right-of-way.
23 "Site investigation" means activities associated with
24 compliance with the provisions of subsection (a) of Section
25 57.7.
26 "Physical soil classification" means verification that
27 subsurface strata are as generally mapped in the publication
28 Illinois Geological Survey Circular (1984) titled "Potential
29 for Contamination of Shallow Aquifers in Illinois," by Berg,
30 Richard C., et al. Such classification may include review of
31 soil borings, well logs, physical soil analyses, regional
32 geologic maps, or other scientific publications.
33 "Property damage" means physical injury to, destruction
34 of, or contamination of tangible property, including all
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1 resulting loss of use of that property; or loss of use of
2 tangible property that is not physically injured, destroyed,
3 or contaminated, but has been evacuated, withdrawn from use,
4 or rendered inaccessible because of a release of petroleum
5 from an underground storage tank.
6 "Class I Groundwater" means groundwater that meets the
7 Class I: Potable Resource Groundwater criteria set forth in
8 the Board regulations adopted pursuant to the Illinois
9 Groundwater Protection Act.
10 "Class III Groundwater" means groundwater that meets the
11 Class III: Special Resource Groundwater criteria set forth
12 in the Board regulations adopted pursuant to the Illinois
13 Groundwater Protection Act.
14 (Source: P.A. 88-496; 89-428, eff. 1-1-96; 89-457, eff.
15 5-22-96.)
16 (415 ILCS 5/57.5)
17 Sec. 57.5. Underground Storage Tanks; removal; repair;
18 abandonment.
19 (a) Notwithstanding the eligibility or the level of
20 deductibility of an owner or operator under the Underground
21 Storage Tank Fund, any owner or operator of an Underground
22 Storage Tank may seek to remove or abandon such tank under
23 the provisions of this Title. In order to be reimbursed
24 under Section 57.8, the owner or operator must comply with
25 the provisions of this Title. In no event will an owner or
26 operator be reimbursed for any costs which exceed the minimum
27 requirements necessary to comply with this Title.
28 (b) Removal or abandonment of an Underground Storage
29 Tank must be carried out in accordance with regulations
30 adopted by the Office of State Fire Marshal.
31 (c) The Office of the State Fire Marshal or a designated
32 agent shall have an inspector on site at the time of removal,
33 abandonment, or such other times the Office of State Fire
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1 Marshal deems appropriate. At such time, the inspector
2 shall, upon preliminary excavation of the tank site, render
3 an opinion as to whether a release of petroleum has occurred
4 and, if so, the owner or operator shall report the known or
5 suspected release to the Illinois Emergency Management
6 Agency. The owner or operator shall determine whether or not
7 a release has occurred in conformance with the regulations
8 adopted by the Board and the Office of the State Fire
9 Marshal. Except that if the opinion of the Office of the
10 State Fire Marshal inspector is that a release of petroleum
11 has occurred and the owner or operator has reported the
12 release to the Illinois Emergency Management Agency within 24
13 hours of removal of the tank, no such determination is
14 required under this subsection. In the event the owner or
15 operator confirms the presence of a release of petroleum, the
16 owner or operator shall comply with Section 57.6. The
17 inspector shall provide the owner or operator, or a
18 designated agent, with an "Eligibility and Deductibility
19 Determination" form. The Office of the State Fire Marshal
20 shall provide on-site assistance to the owner or operator or
21 a designated agent with regard to the eligibility and
22 deductibility procedures as provided in Section 57.9. If the
23 Office of the State Fire Marshal is not on site, the Office
24 of the State Fire Marshal shall provide the owner or operator
25 with an "Eligibility and Deductibility Determination" form
26 within 15 days after receiving notice that the confirmed
27 release was reported by the owner or operator.
28 (d) In the event that a release of petroleum is
29 confirmed under subsection (c) of this Section, the owner or
30 operator may elect to backfill the preliminary excavation and
31 proceed under Section 57.6.
32 (e) In the event that an Underground Storage Tank is
33 found to be ineligible for payment from the Underground
34 Storage Tank Fund, the owner or operator shall proceed under
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1 Sections 57.6 and 57.7.
2 (f) In the event that no release of petroleum is
3 confirmed, the owner or operator shall proceed to complete
4 the removal of the underground storage tank, and when
5 appropriate, dispose of the tank and backfill the excavation
6 or, in the alternate, abandon the underground storage tank in
7 place. Either option shall be in accordance with regulations
8 adopted by the Office of the State Fire Marshal. The owner
9 or operator shall certify to the Office of the State Fire
10 Marshal that the tank removal or abandonment was conducted in
11 accordance with all applicable rules and regulations, and the
12 Office of the State Fire Marshal shall then issue a
13 certificate of removal or abandonment to the owner or
14 operator. If the Office of the State Fire Marshal fails to
15 issue a certificate of removal or abandonment within 30 days
16 of receipt of the certification, the certification shall be
17 considered rejected by operation of law and a final action
18 appealable to the Board. Nothing in this Title shall prohibit
19 the Office of the State Fire Marshal from making an
20 independent inspection of the site and challenging the
21 veracity of the owner or operator certification.
22 (g) The owner or operator of an underground storage tank
23 taken out of operation before January 2, 1974, or an
24 underground storage tank used exclusively to store heating
25 oil for consumptive use on the premises where stored and
26 which serves other than a farm or residential unit shall not
27 be required to remove or abandon in place such underground
28 storage tank except in the case in which the Office of the
29 State Fire Marshal has determined that a release from the
30 underground storage tank poses a current or potential threat
31 to human health and the environment. In that case, and upon
32 receipt of an order from the Office of the State Fire
33 Marshal, the owner or operator of such underground storage
34 tank shall conduct removal and, if necessary, site
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1 investigation and corrective action in accordance with this
2 Title and regulations promulgated by the Office of State Fire
3 Marshal and the Board.
4 (h) In the event that a release of petroleum occurred
5 between September 13, 1993, and August 1, 1994, for which the
6 Office of the State Fire Marshal issued a certificate of
7 removal or abandonment based on its determination of "no
8 release" or "minor release," and the Office of the State Fire
9 Marshal subsequently has rescinded that determination and
10 required a report of a confirmed release to the Illinois
11 Emergency Management Agency, the owner or operator may be
12 eligible for reimbursement for the costs of site
13 investigation and corrective action incurred on or after the
14 date of the release but prior to the notification of the
15 Illinois Emergency Management Agency. The date of the
16 release shall be the date of the initial inspection by the
17 Office of the State Fire Marshal as recorded in its
18 inspection log. Eligibility and deductibility shall be
19 determined in accordance with this Title, the owner or
20 operator must comply with the provisions of this Act and its
21 rules, and in no case shall the owner or operator be
22 reimbursed for costs exceeding the minimum requirements of
23 this Act and its rules.
24 (Source: P.A. 88-496; 89-428, eff. 1-1-96; 89-457, eff.
25 5-22-96.)
26 (415 ILCS 5/57.6)
27 Sec. 57.6. Underground storage tanks; early action.
28 (a) Owners and operators of underground storage tanks
29 shall, in response to all confirmed releases, comply with all
30 applicable statutory and regulatory reporting and response
31 requirements.
32 (b) Notwithstanding any other corrective action taken,
33 an owner or operator may, at a minimum, and prior to
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1 submission of any plans to the Agency, remove the tank system
2 or abandon the underground storage tank in place, in
3 accordance with the regulations promulgated by the Office of
4 the State Fire Marshal. The owner or operator may also
5 remove visibly contaminated fill material and any groundwater
6 in the excavation which exhibits a sheen. For purposes of
7 payment for early action costs, however, fill material shall
8 not be removed in an amount in excess of 4 feet from the
9 outside dimensions of the tank.
10 (Source: P.A. 88-496; 89-428, eff. 1-1-96; 89-457, eff.
11 5-22-96.)
12 (415 ILCS 5/57.7)
13 Sec. 57.7. Leaking underground storage tanks; site
14 investigation physical soil classification, groundwater
15 investigation, site classification, and corrective action.
16 (a) Site investigation.
17 (1) For any site investigation activities required
18 by statute or rule, the owner or operator shall submit to
19 the Agency for approval a site investigation plan
20 designed to determine the nature, concentration,
21 direction of movement, rate of movement, and extent of
22 the contamination as well as the significant physical
23 features of the site and surrounding area that may affect
24 contaminant transport and risk to human health and safety
25 and the environment.
26 (2) Any owner or operator intending to seek payment
27 from the Fund shall submit to the Agency for approval a
28 site investigation budget that includes, but is not
29 limited to, an accounting of all costs associated with
30 the implementation and completion of the site
31 investigation plan.
32 (3) Remediation objectives for the applicable
33 indicator contaminants shall be determined using the
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1 tiered approach to corrective action objectives rules
2 adopted by the Board pursuant to this Title and Title
3 XVII of this Act. For the purposes of this Title,
4 "Contaminant of Concern" or "Regulated Substance of
5 Concern" in the rules means the applicable indicator
6 contaminants set forth in subsection (d) of this Section
7 and the rules adopted thereunder.
8 (4) Upon the Agency's approval of a site
9 investigation plan, or as otherwise directed by the
10 Agency, the owner or operator shall conduct a site
11 investigation in accordance with the plan.
12 (5) Within 30 days after completing the site
13 investigation, the owner or operator shall submit to the
14 Agency for approval a site investigation completion
15 report. At a minimum the report shall include all of the
16 following:
17 (A) Executive summary.
18 (B) Site history.
19 (C) Site-specific sampling methods and
20 results.
21 (D) Documentation of all field activities,
22 including quality assurance.
23 (E) Documentation regarding the development of
24 proposed remediation objectives.
25 (F) Interpretation of results.
26 (G) Conclusions.
27 (b) Corrective action.
28 (1) If the site investigation confirms none of the
29 applicable indicator contaminants exceed the proposed
30 remediation objectives, within 30 days after completing
31 the site investigation the owner or operator shall submit
32 to the Agency for approval a corrective action completion
33 report in accordance with this Section.
34 (2) If any of the applicable indicator contaminants
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1 exceed the remediation objectives approved for the site,
2 within 30 days after the Agency approves the site
3 investigation completion report the owner or operator
4 shall submit to the Agency for approval a corrective
5 action plan designed to mitigate any threat to human
6 health, human safety, or the environment resulting from
7 the underground storage tank release. The plan shall
8 describe the selected remedy and evaluate its ability and
9 effectiveness to achieve the remediation objectives
10 approved for the site. At a minimum, the report shall
11 include all of the following:
12 (A) Executive summary.
13 (B) Statement of remediation objectives.
14 (C) Remedial technologies selected.
15 (D) Confirmation sampling plan.
16 (E) Current and projected future use of the
17 property.
18 (F) Applicable preventive, engineering, and
19 institutional controls including long-term
20 reliability, operating, and maintenance plans, and
21 monitoring procedures.
22 (G) A schedule for implementation and
23 completion of the plan.
24 (3) Any owner or operator intending to seek payment
25 from the Fund shall submit to the Agency for approval a
26 corrective action budget that includes, but is not
27 limited to, an accounting of all costs associated with
28 the implementation and completion of the corrective
29 action plan.
30 (4) Upon the Agency's approval of a corrective
31 action plan, or as otherwise directed by the Agency, the
32 owner or operator shall proceed with corrective action in
33 accordance with the plan.
34 (5) Within 30 days after the completion of a
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1 corrective action plan that achieves applicable
2 remediation objectives the owner or operator shall submit
3 to the Agency for approval a corrective action completion
4 report. The report shall demonstrate whether corrective
5 action was completed in accordance with the approved
6 corrective action plan and whether the remediation
7 objectives approved for the site, as well as any other
8 requirements of the plan, have been achieved.
9 (6) If within 4 years after the approval of any
10 corrective action plan the applicable remediation
11 objectives have not been achieved and the owner or
12 operator has not submitted a corrective action completion
13 report, the owner or operator must submit a status report
14 for Agency review. The status report must include, but is
15 not limited to, a description of the remediation
16 activities taken to date, the effectiveness of the method
17 of remediation being used, the likelihood of meeting the
18 applicable remediation objectives using the current
19 method of remediation, and the date the applicable
20 remediation objectives are expected to be achieved.
21 (7) If the Agency determines any approved
22 corrective action plan will not achieve applicable
23 remediation objectives within a reasonable time, based
24 upon the method of remediation and site specific
25 circumstances, the Agency may require the owner or
26 operator to submit to the Agency for approval a revised
27 corrective action plan. If the owner or operator intends
28 to seek payment from the Fund, the owner or operator must
29 also submit a revised budget.
30 (a) Physical soil classification and groundwater
31 investigation.
32 (1) Prior to conducting any physical soil
33 classification and groundwater investigation activities
34 required by statute or regulation, the owner or operator
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1 shall prepare and submit to the Agency for the Agency's
2 approval or modification:
3 (A) a physical soil classification and
4 groundwater investigation plan designed to
5 determine site classification, in accordance
6 with subsection (b) of this Section, as High
7 Priority, Low Priority, or No Further Action.
8 (B) a request for payment of costs
9 associated with eligible early action costs as
10 provided in Section 57.6(b). However, for
11 purposes of payment for early action costs,
12 fill materials shall not be removed in an
13 amount in excess of 4 feet from the outside
14 dimensions of the tank.
15 (2) If the owner or operator intends to seek
16 payment from the Fund, prior to conducting any physical
17 soil classification and groundwater investigation
18 activities required by statute or regulation, the owner
19 or operator shall submit to the Agency for the Agency's
20 approval or modification a physical soil classification
21 and groundwater investigation budget which includes, but
22 is not limited to, an accounting of all costs associated
23 with the implementation and completion of the physical
24 soil classification and groundwater investigation plan.
25 (3) Within 30 days of completion of the physical
26 soil classification or groundwater investigation report
27 the owner or operator shall submit to the Agency:
28 (A) all physical soil classification and
29 groundwater investigation results; and
30 (B) a certification by a Licensed Professional
31 Engineer of the site's classification as High
32 Priority, Low Priority, or No Further Action in
33 accordance with subsection (b) of this Section as
34 High Priority, Low Priority, or No Further Action.
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1 (b) Site Classification.
2 (1) After evaluation of the physical soil
3 classification and groundwater investigation results,
4 when required, and general site information, the site
5 shall be classified as "No Further Action", "Low
6 Priority", or "High Priority" based on the requirements
7 of this Section. Site classification shall be determined
8 by a Licensed Professional Engineer in accordance with
9 the requirements of this Title and the Licensed
10 Professional Engineer shall submit a certification to the
11 Agency of the site classification. The Agency has the
12 authority to audit site classifications and reject or
13 modify any site classification inconsistent with the
14 requirements of this Title.
15 (2) Sites shall be classified as No Further Action
16 if the criteria in subparagraph (A) are satisfied:
17 (A)(i) The site is located in an area
18 designated D, E, F and G on the Illinois Geological
19 Survey Circular (1984) titled "Potential for
20 Contamination of Shallow Aquifers in Illinois," by
21 Berg, Richard C., et al.;
22 (ii) A site evaluation under the direction of
23 a Licensed Professional Engineer verifies the
24 physical soil classification conditions are
25 consistent with those indicated on the Illinois
26 Geological Survey Circular (1984) titled "Potential
27 for Contamination of Shallow Aquifers in Illinois,"
28 by Berg, Richard C., et al.; and
29 (iii) The conditions identified in subsections
30 (b) (3)(B), (C), (D), and (E) do not exist.
31 (B) Groundwater investigation monitoring may
32 be required to confirm that a site meets the
33 criteria of a No Further Action site. The Board
34 shall adopt rules setting forth the criteria under
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1 which the Agency may exercise its discretionary
2 authority to require investigations and the minimum
3 field requirements for conducting investigations.
4 (3) Sites shall be classified as High Priority if
5 any of the following are met:
6 (A) The site is located in an area designated
7 A1, A2, A3, A4, A5, AX, B1, B2, BX, C1, C2, C3, C4,
8 or C5 on the Illinois Geological Survey Circular
9 (1984) titled "Potential for Contamination of
10 Shallow Aquifers in Illinois," by Berg, Richard C.,
11 et al.; a site evaluation under the direction of a
12 Licensed Professional Engineer verifies the physical
13 soil classifications conditions are consistent with
14 those indicated on the Illinois Geological Survey
15 Circular (1984) entitled "Potential for
16 Contamination of Shallow Aquifers in Illinois," by
17 Berg, Richard C., et al.; and the results of the
18 physical soil classification and groundwater
19 investigation indicate that an applicable indicator
20 contaminant groundwater quality standard or
21 groundwater objective has been exceeded at the
22 property boundary line or 200 feet from the
23 excavation, whichever is less as a consequence of
24 the underground storage tank release.
25 (B) The underground storage tank is within the
26 minimum or maximum setback zone of a potable water
27 supply well or regulated recharge area of a potable
28 water supply well.
29 (C) There is evidence that, through natural or
30 manmade pathways, migration of petroleum or vapors
31 threaten human health or human safety or may cause
32 explosions in basements, crawl spaces, utility
33 conduits, storm or sanitary sewers, vaults or other
34 confined spaces.
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1 (D) Class III special resource groundwater
2 exists within 200 feet of the excavation.
3 (E) A surface water body is adversely affected
4 by the presence of a visible sheen or free product
5 layer as the result of an underground storage tank
6 release.
7 (4) Sites shall be classified as Low Priority if
8 all of the following are met:
9 (A) The site does not meet any of the criteria
10 for classification as a High Priority Site.
11 (B) (i) The site is located in area designated
12 A1, A2, A3, A4, A5, AX, B1, B2, BX, C1, C2, C3, C4,
13 C5 on the Illinois Geological Survey Circular (1984)
14 entitled "Potential for Contamination of Shallow
15 Aquifers in Illinois," by Berg, Richard C., et al.;
16 and
17 (ii) a site evaluation under the direction of
18 a Licensed Professional Engineer verifies the
19 physical soil classification conditions are
20 consistent with those indicated on the Illinois
21 Geological Survey Circular (1984) titled "Potential
22 for Contamination of Shallow Aquifers in Illinois,"
23 by Berg, Richard C., et al.; and
24 (iii) the results of the physical soil
25 classification and groundwater investigation do not
26 indicate an applicable indicator contaminant
27 groundwater quality standard or groundwater
28 objective has been exceeded at the property boundary
29 line or 200 feet from the underground storage tank,
30 whichever is less.
31 (5) In the event the results of the physical soil
32 classification and any required groundwater investigation
33 reveal that the actual site geologic characteristics are
34 different than those indicated by the Illinois Geological
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1 Survey Circular (1984) titled "Potential for
2 Contamination of Shallow Aquifers in Illinois" by Berg,
3 Richard C., et al., classification of the site shall be
4 determined using the actual site geologic
5 characteristics.
6 (6) For purposes of physical soil classification,
7 the Board is authorized to prescribe by regulation
8 alternatives to use of the Illinois Geological Survey
9 Circular (1984) titled "Potential for Contamination of
10 Shallow Aquifers in Illinois" by Berg, Richard C., et al.
11 (c) Corrective Action.
12 (1) High Priority Site.
13 (A) Prior to performance of any corrective
14 action, beyond that required by Section 57.6 and
15 subsection (a) of Section 57.7 of this Act, the
16 owner or operator shall prepare and submit to the
17 Agency for the Agency's approval or modification a
18 corrective action plan designed to mitigate any
19 threat to human health, human safety or the
20 environment resulting from the underground storage
21 tank release.
22 (B) If the owner or operator intends to seek
23 payment from the Fund, prior to performance of any
24 corrective action beyond that required by Section
25 57.6 and subsection (a) of Section 57.7, the owner
26 or operator shall submit to the Agency for the
27 Agency's approval or modification a corrective
28 action plan budget which includes, but is not
29 limited to, an accounting of all costs associated
30 with the implementation and completion of the
31 corrective action plan.
32 (C) The corrective action plan shall do all of
33 the following:
34 (i) Provide that applicable indicator
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1 contaminant groundwater quality standards or
2 groundwater objectives will not be exceeded in
3 groundwater at the property boundary line or
4 200 feet from the excavation, whichever is
5 less, or other level if approved by the Agency,
6 for any contaminant identified in the
7 groundwater investigation after complete
8 performance of the corrective action plan.
9 (ii) Provide that Class III special
10 resource groundwater quality standards for
11 Class III special resource groundwater within
12 200 feet of the excavation will not be exceeded
13 as a result of the underground storage tank
14 release for any indicator contaminant
15 identified in the groundwater investigation
16 after complete performance of the corrective
17 action plan.
18 (iii) Remediate threats due to the
19 presence or migration, through natural or
20 manmade pathways, of petroleum in
21 concentrations sufficient to harm human health
22 or human safety or to cause explosions in
23 basements, crawl spaces, utility conduits,
24 storm or sanitary sewers, vaults or other
25 confined spaces.
26 (iv) Remediate threats to a potable water
27 supply.
28 (v) Remediate threats to a surface water
29 body.
30 (D) Within 30 days of completion of the
31 corrective action, the owner or operator shall
32 submit to the Agency such a completion report that
33 includes a description of the corrective action plan
34 and a description of the corrective action work
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1 performed and all analytical or sampling results
2 derived from performance of the corrective action
3 plan.
4 (E) The Agency shall issue to the owner or
5 operator a no further remediation letter in
6 accordance with Section 57.10 if all of the
7 following are met:
8 (i) The corrective action completion
9 report demonstrates that: (a) applicable
10 indicator contaminant groundwater quality
11 standards or groundwater objectives are not
12 exceeded at the property boundary line or 200
13 feet from the excavation, whichever is less, as
14 a result of the underground storage tank
15 release for any indicator contaminant
16 identified in the groundwater investigation;
17 (b) Class III special use resource groundwater
18 quality standards, for Class III special use
19 resource groundwater within 200 feet of the
20 underground storage tank, are not exceeded as a
21 result of the underground storage tank release
22 for any contaminant identified in the
23 groundwater investigation; (c) the underground
24 storage tank release does not threaten human
25 health or human safety due to the presence or
26 migration, through natural or manmade pathways,
27 of petroleum or hazardous substances in
28 concentrations sufficient to harm human health
29 or human safety or to cause explosions in
30 basements, crawl spaces, utility conduits,
31 storm or sanitary sewers, vaults or other
32 confined spaces; (d) the underground storage
33 tank release does not threaten any surface
34 water body; and (e) the underground storage
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1 tank release does not threaten any potable
2 water supply.
3 (ii) The owner or operator submits to the
4 Agency a certification from a Licensed
5 Professional Engineer that the work described
6 in the approved corrective action plan has been
7 completed and that the information presented in
8 the corrective action completion report is
9 accurate and complete.
10 (2) Low Priority Site.
11 (A) Corrective action at a low priority site
12 must include groundwater monitoring consistent with
13 part (B) of this paragraph (2).
14 (B) Prior to implementation of groundwater
15 monitoring, the owner or operator shall prepare and
16 submit to the Agency a groundwater monitoring plan
17 and, if the owner or operator intends to seek
18 payment under this Title, an associated budget which
19 includes, at a minimum, all of the following:
20 (i) Placement of groundwater monitoring
21 wells at the property line, or at 200 feet from
22 the excavation which ever is closer, designed
23 to provide the greatest likelihood of detecting
24 migration of groundwater contamination.
25 (ii) Quarterly groundwater sampling for a
26 period of one year, semi-annual sampling for
27 the second year and annual groundwater sampling
28 for one subsequent year for all indicator
29 contaminants identified during the groundwater
30 investigation.
31 (iii) The annual submittal to the Agency
32 of a summary of groundwater sampling results.
33 (C) If at any time groundwater sampling
34 results indicate a confirmed exceedence of
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1 applicable indicator contaminant groundwater quality
2 standards or groundwater objectives as a result of
3 the underground storage tank release, the site may
4 be reclassified as a High Priority Site by the
5 Agency at any time before the Agency's final
6 approval of a Low Priority groundwater monitoring
7 completion report. Agency review and approval shall
8 be in accordance with paragraph (4) of subsection
9 (c) of this Section. If the owner or operator elects
10 to appeal an Agency action to disapprove, modify, or
11 reject by operation of law a Low Priority
12 groundwater monitoring completion report, the Agency
13 shall indicate to the Board in conjunction with such
14 appeal whether it intends to reclassify the site as
15 High Priority. If a site is reclassified as a High
16 Priority Site, the owner or operator shall submit a
17 corrective action plan and budget to the Agency
18 within 120 days of the confirmed exceedence and
19 shall initiate compliance with all corrective action
20 requirements for a High Priority Site.
21 (D) If, throughout the implementation of the
22 groundwater monitoring plan, the groundwater
23 sampling results do not confirm an exceedence of
24 applicable indicator contaminant groundwater quality
25 standards or groundwater objectives as a result of
26 the underground storage tank release, the owner or
27 operator shall submit to the Agency a certification
28 of a Licensed Professional Engineer so stating.
29 (E) Unless the Agency takes action under
30 subsection (b)(2)(C) to reclassify a site as high
31 priority, upon receipt of a certification by a
32 Licensed Professional Engineer submitted pursuant to
33 paragraph (2) of subsection (c) of this Section, the
34 Agency shall issue to the owner or operator a no
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1 further remediation letter in accordance with
2 Section 57.10.
3 (3) No Further Action Site.
4 (A) No Further Action sites require no
5 remediation beyond that required in Section 57.6 and
6 subsection (a) of this Section if the owner or
7 operator has submitted to the Agency a certification
8 by a Licensed Professional Engineer that the site
9 meets all of the criteria for classification as No
10 Further Action in subsection (b) of this Section.
11 (B) Unless the Agency takes action to reject
12 or modify a site classification under subsection (b)
13 of this Section or the site classification is
14 rejected by operation of law under item (4)(B) of
15 subsection (c) of this Section, upon receipt of a
16 certification by a Licensed Professional Engineer
17 submitted pursuant to part (A) of paragraph (3) of
18 subsection (c) of this Section, the Agency shall
19 issue to the owner or operator a no further
20 remediation letter in accordance with Section 57.10.
21 (c) (4) Agency review and approval.
22 (1) (A) Agency approval of any plan and associated
23 budget, as described in this subsection (c) item (4),
24 shall be considered final approval for purposes of
25 seeking and obtaining payment from the Underground
26 Storage Tank Fund if the costs associated with the
27 completion of any such plan are less than or equal to the
28 amounts approved in such budget.
29 (2) (B) In the event the Agency fails to approve,
30 disapprove, or modify any plan or report submitted
31 pursuant to this Title in writing within 120 days of the
32 receipt by the Agency, the plan or report shall be
33 considered to be rejected by operation of law for
34 purposes of this Title and rejected for purposes of
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1 payment from the Leaking Underground Storage Tank Fund.
2 (A) (i) For purposes of those plans as
3 identified in paragraph (5) subparagraph (E) of this
4 subsection (c) (c)(4), the Agency's review may be an
5 audit procedure. Such review or audit shall be
6 consistent with the procedure for such review or
7 audit as promulgated by the Board under item (7) of
8 subsection (b) of Section 57.14. The Agency has the
9 authority to establish an auditing program to verify
10 compliance of such plans with the provisions of this
11 Title.
12 (B) (ii) For purposes of corrective action
13 those plans submitted pursuant to subsection (b) of
14 this Section Part (E) (iii) of this paragraph (4)
15 for which payment from the Fund is not being sought,
16 the Agency need not take action on such plan until
17 120 days after it receives the corrective action
18 completion report required under subsection (b) of
19 this Section Section 57(c)(1)(D). In the event the
20 Agency approved the plan, it shall proceed under the
21 provisions of this subsection (c) Section 57(c)(4).
22 (3) (C) In approving any plan submitted pursuant to
23 subsection (a) or (b) of this Section Part (E) of this
24 paragraph (4), the Agency shall determine, by a procedure
25 promulgated by the Board under item (7) of subsection (b)
26 of Section 57.14, that the costs associated with the plan
27 are reasonable, will be incurred in the performance of
28 site investigation or corrective action, and will not be
29 used for site investigation or corrective action
30 activities in excess of those required to meet the
31 minimum requirements of this Title.
32 (4) (D) For any plan or report received after the
33 effective date of this amendatory Act of 2002 1993, any
34 action by the Agency to disapprove or modify a plan
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1 submitted pursuant to this Title shall be provided to the
2 owner or operator in writing within 120 days of the
3 receipt by the Agency or, in the case of a site
4 investigation plan or corrective action plan for which
5 payment is not being sought, within 120 days of receipt
6 of the site investigation completion report or corrective
7 action completion report, respectively, and shall be
8 accompanied by:
9 (A) (i) an explanation of the Sections of this
10 Act which may be violated if the plans were
11 approved;
12 (B) (ii) an explanation of the provisions of
13 the regulations, promulgated under this Act, which
14 may be violated if the plan were approved;
15 (C) (iii) an explanation of the specific type
16 of information, if any, which the Agency deems the
17 applicant did not provide the Agency; and
18 (D) (iv) a statement of specific reasons why
19 the Act and the regulations might not be met if the
20 plan were approved.
21 Any action by the Agency to disapprove or modify a
22 plan or report or the rejection of any plan or report by
23 operation of law shall be subject to appeal to the Board
24 in accordance with the procedures of Section 40. If the
25 owner or operator elects to incorporate modifications
26 required by the Agency rather than appeal, an amended
27 plan shall be submitted to the Agency within 35 days of
28 receipt of the Agency's written notification.
29 (5) (E) For purposes of this Title, the term "plan"
30 shall include:
31 (A) Any site investigation plan submitted
32 pursuant to subsection (a) of this Section;
33 (B) Any site investigation budget submitted
34 pursuant to subsection (a) of this Section;
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1 (i) Any physical soil classification and
2 groundwater investigation plan submitted
3 pursuant to item (1)(A) of subsection (a) of
4 this Section, or budget under item (2) of
5 subsection (a) of this Section;
6 (ii) Any groundwater monitoring plan or
7 budget submitted pursuant to subsection
8 (c)(2)(B) of this Section;
9 (C) (iii) Any corrective action plan submitted
10 pursuant to subsection (b) (c)(1)(A) of this
11 Section; or
12 (D) (iv) Any corrective action plan budget
13 submitted pursuant to subsection (b) (c)(1)(B) of
14 this Section.
15 (d) For purposes of this Title, the term "indicator
16 contaminant" shall mean, unless and until the Board
17 promulgates regulations to the contrary, the following: (i)
18 if an underground storage tank contains gasoline, the
19 indicator parameter shall be BTEX and Benzene; (ii) if the
20 tank contained petroleum products consisting of middle
21 distillate or heavy ends, then the indicator parameter shall
22 be determined by a scan of PNA's taken from the location
23 where contamination is most likely to be present; and (iii)
24 if the tank contained used oil, then the indicator
25 contaminant shall be those chemical constituents which
26 indicate the type of petroleum stored in an underground
27 storage tank. All references in this Title to groundwater
28 objectives shall mean Class I groundwater standards or
29 objectives as applicable.
30 (e) (1) Notwithstanding the provisions of this Section,
31 an owner or operator may proceed to conduct site
32 investigation or physical soil classification,
33 groundwater investigation, site classification or other
34 corrective action prior to the submittal or approval of
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1 an otherwise required plan. If the owner or operator
2 elects to so proceed, an applicable plan shall be filed
3 with the Agency at any time. Such plan shall detail the
4 steps taken to determine the type of site investigation
5 or corrective action which was necessary at the site
6 along with the site investigation or corrective action
7 taken or to be taken, in addition to costs associated
8 with activities to date and anticipated costs.
9 (2) Upon receipt of a plan submitted after
10 activities have commenced at a site, the Agency shall
11 proceed to review in the same manner as required under
12 this Title. In the event the Agency disapproves all or
13 part of the costs, the owner or operator may appeal such
14 decision to the Board. The owner or operator shall not
15 be eligible to be reimbursed for such disapproved costs
16 unless and until the Board determines that such costs
17 were eligible for payment.
18 (Source: P.A. 88-496; 88-668, eff. 9-16-94; 89-428, eff.
19 1-1-96; 89-457, eff. 5-22-96.)
20 (415 ILCS 5/57.8)
21 Sec. 57.8. Underground Storage Tank Fund; payment;
22 options for State payment; deferred correction election to
23 commence corrective action upon availability of funds. If an
24 owner or operator is eligible to access the Underground
25 Storage Tank Fund pursuant to an Office of State Fire Marshal
26 eligibility/deductible final determination letter issued in
27 accordance with Section 57.9, the owner or operator may
28 submit a complete application for final or partial payment to
29 the Agency for activities taken in response to a confirmed
30 release. An owner or operator may submit a request for
31 partial or final payment regarding a site no more frequently
32 than once every 90 days.
33 (a) Payment after completion of corrective action
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1 measures. The owner or operator may submit an application for
2 payment for activities performed at a site after completion
3 of the requirements of Sections 57.6 and 57.7, or after
4 completion of any other required activities at the
5 underground storage tank site.
6 (1) In the case of any approved plan and budget for
7 which payment is being sought, the Agency shall make a
8 payment determination within 120 days of receipt of the
9 application. Such determination shall be considered a
10 final decision. The Agency's review shall be limited to
11 generally accepted auditing and accounting practices. In
12 no case shall the Agency conduct additional review of any
13 plan which was completed within the budget, beyond
14 auditing for adherence to the corrective action measures
15 in the proposal. If the Agency fails to approve the
16 payment application within 120 days, such application
17 shall be deemed approved by operation of law and the
18 Agency shall proceed to reimburse the owner or operator
19 the amount requested in the payment application.
20 However, in no event shall the Agency reimburse the owner
21 or operator an amount greater than the amount approved in
22 the plan.
23 (2) If sufficient funds are available in the
24 Underground Storage Tank Fund, the Agency shall, within
25 60 days, forward to the Office of the State Comptroller a
26 voucher in the amount approved under the payment
27 application.
28 (3) In the case of insufficient funds, the Agency
29 shall form a priority list for payment and shall notify
30 persons in such priority list monthly of the availability
31 of funds and when payment shall be made. Payment shall
32 be made to the owner or operator at such time as
33 sufficient funds become available for the costs
34 associated with site investigation and corrective action
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1 and costs expended for activities performed where no
2 proposal is required, if applicable. Such priority list
3 shall be available to any owner or operator upon request.
4 Priority for payment shall be determined by the date the
5 Agency receives a complete request for partial or final
6 payment. Upon receipt of notification from the Agency
7 that the requirements of this Title have been met, the
8 Comptroller shall make payment to the owner or operator
9 of the amount approved by the Agency, if sufficient money
10 exists in the Fund. If there is insufficient money in
11 the Fund, then payment shall not be made. If the owner
12 or operator appeals a final Agency payment determination
13 and it is determined that the owner or operator is
14 eligible for payment or additional payment, the priority
15 date for the payment or additional payment shall be the
16 same as the priority date assigned to the original
17 request for partial or final payment.
18 (4) Any deductible, as determined pursuant to the
19 Office of the State Fire Marshal's eligibility and
20 deductibility final determination in accordance with
21 Section 57.9, shall be subtracted from any payment
22 invoice paid to an eligible owner or operator. Only one
23 deductible shall apply per underground storage tank site.
24 (5) In the event that costs are or will be incurred
25 in addition to those approved by the Agency, or after
26 payment, the owner or operator may submit successive
27 plans containing amended budgets. The requirements of
28 Section 57.7 shall apply to any amended plans.
29 (6) For purposes of this Section, a complete
30 application shall consist of:
31 (A) A certification from a Licensed
32 Professional Engineer as required under this Title
33 and acknowledged by the owner or operator.
34 (B) A statement of the amounts amount approved
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1 in the budget plan and the amounts amount actually
2 sought for payment along with a certified statement
3 by the owner or operator that the amounts amount so
4 sought were shall be expended in conformance with
5 the approved budget.
6 (C) A copy of the Office of the State Fire
7 Marshal's eligibility and deductibility
8 determination.
9 (D) Proof that approval of the payment
10 requested will not result in the limitations set
11 forth in subsection (g) of this Section being
12 exceeded.
13 (E) A federal taxpayer identification number
14 and legal status disclosure certification on a form
15 prescribed and provided by the Agency.
16 (b) Commencement of site investigation or corrective
17 action upon availability of funds. The Board shall adopt
18 regulations setting forth procedures based on risk to human
19 health or the environment under which the owner or operator
20 who has received approval for any budget plan submitted
21 pursuant to Section 57.7, and who is eligible for payment
22 from the Underground Storage Tank Fund pursuant to an Office
23 of the State Fire Marshal eligibility and deductibility
24 determination, may elect to defer site investigation or
25 corrective action classification, low priority groundwater
26 monitoring, or remediation activities until funds are
27 available in an amount equal to the amount approved in the
28 budget plan. The regulations shall establish criteria based
29 on risk to human health or the environment to be used for
30 determining on a site-by-site basis whether deferral is
31 appropriate. The regulations also shall establish the
32 minimum investigatory requirements for determining whether
33 the risk based criteria are present at a site considering
34 deferral and procedures for the notification of owners or
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1 operators of insufficient funds, Agency review of request for
2 deferral, notification of Agency final decisions, returning
3 deferred sites to active status, and earmarking of funds for
4 payment.
5 (c) When the owner or operator requests indemnification
6 for payment of costs incurred as a result of a release of
7 petroleum from an underground storage tank, if the owner or
8 operator has satisfied the requirements of subsection (a) of
9 this Section, the Agency shall forward a copy of the request
10 to the Attorney General. The Attorney General shall review
11 and approve the request for indemnification if:
12 (1) there is a legally enforceable judgment entered
13 against the owner or operator and such judgment was
14 entered due to harm caused by a release of petroleum from
15 an underground storage tank and such judgment was not
16 entered as a result of fraud; or
17 (2) a settlement with a third party due to a
18 release of petroleum from an underground storage tank is
19 reasonable.
20 (d) Notwithstanding any other provision of this Title,
21 the Agency shall not approve payment to an owner or operator
22 from the Fund for costs of corrective action or
23 indemnification incurred during a calendar year in excess of
24 the following aggregate amounts based on the number of
25 petroleum underground storage tanks owned or operated by such
26 owner or operator in Illinois.
27 Amount Number of Tanks
28 $1,000,000............................fewer than 101
29 $3,000,000 $2,000,000....................101 or more
30 (1) Costs incurred in excess of the aggregate
31 amounts set forth in paragraph (1) of this subsection
32 shall not be eligible for payment in subsequent years.
33 (2) For purposes of this subsection, requests
34 submitted by any of the agencies, departments, boards,
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1 committees or commissions of the State of Illinois shall
2 be acted upon as claims from a single owner or operator.
3 (3) For purposes of this subsection, owner or
4 operator includes (i) any subsidiary, parent, or joint
5 stock company of the owner or operator and (ii) any
6 company owned by any parent, subsidiary, or joint stock
7 company of the owner or operator.
8 (e) Costs of corrective action or indemnification
9 incurred by an owner or operator which have been paid to an
10 owner or operator under a policy of insurance, another
11 written agreement, or a court order are not eligible for
12 payment under this Section. An owner or operator who
13 receives payment under a policy of insurance, another written
14 agreement, or a court order shall reimburse the State to the
15 extent such payment covers costs for which payment was
16 received from the Fund. Any monies received by the State
17 under this subsection (e) shall be deposited into the Fund.
18 (f) Until the Board adopts regulations pursuant to
19 Section 57.14, handling charges are eligible for payment only
20 if they are equal to or less than the amount determined by
21 the following table:
22 Subcontract or field Eligible Handling Charges
23 Purchase Cost as a Percentage of Cost
24 $0 - $5,000...........................................12%
25 $5,001 - $15,000.............$600+10% of amt. over $5,000
26 $15,001 - $50,000...........$1600+8% of amt. over $15,000
27 $50,001 - $100,000..........$4400+5% of amt. over $50,000
28 $100,001 - $1,000,000......$6900+2% of amt. over $100,000
29 (g) The Agency shall not approve any payment from the
30 Fund to pay an owner or operator:
31 (1) for costs of corrective action incurred by such
32 owner or operator in an amount in excess of $1,000,000
33 per occurrence; and
34 (2) for costs of indemnification of such owner or
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1 operator in an amount in excess of $1,000,000 per
2 occurrence.
3 (h) Payment of any amount from the Fund for corrective
4 action or indemnification shall be subject to the State
5 acquiring by subrogation the rights of any owner, operator,
6 or other person to recover the costs of corrective action or
7 indemnification for which the Fund has compensated such
8 owner, operator, or person from the person responsible or
9 liable for the release.
10 (i) If the Agency refuses to pay or authorizes only a
11 partial payment, the affected owner or operator may petition
12 the Board for a hearing in the manner provided for the review
13 of permit decisions in Section 40 of this Act.
14 (j) Costs of corrective action or indemnification
15 incurred by an owner or operator prior to July 28, 1989,
16 shall not be eligible for payment or reimbursement under this
17 Section.
18 (k) The Agency shall not pay costs of corrective action
19 or indemnification incurred before providing notification of
20 the release of petroleum in accordance with the provisions of
21 this Title.
22 (l) Corrective action does not include legal defense
23 costs. Legal defense costs include legal costs for seeking
24 payment under this Title unless the owner or operator
25 prevails before the Board in which case the Board may
26 authorize payment of legal fees.
27 (m) The Agency may apportion payment of costs for plans
28 submitted under Section 57.7 57.7(c)(4)(E)(iii) if:
29 (1) the owner or operator was deemed eligible to
30 access the Fund for payment of corrective action costs
31 for some, but not all, of the underground storage tanks
32 at the site; and
33 (2) the owner or operator failed to justify all
34 costs attributable to each underground storage tank at
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1 the site.
2 (n) The Agency shall not pay costs associated with a
3 corrective action plan incurred after the Agency provides
4 notification to the owner or operator pursuant to item (7) of
5 subsection (b) of Section 57.7 that a revised corrective
6 action plan is required. Costs associated with any
7 subsequently approved corrective action plan shall be
8 eligible for reimbursement if they meet the requirements of
9 this Title.
10 (Source: P.A. 91-357, eff. 7-29-99.)
11 (415 ILCS 5/57.10)
12 Sec. 57.10. Professional Engineer certification;
13 presumptions against liability.
14 (a) Within 120 days of the Agency's receipt of a No
15 Further Action site classification report, a Low Priority
16 groundwater monitoring report, or a High Priority corrective
17 action completion report, the Agency shall issue to the owner
18 or operator a "no further remediation letter" unless the
19 Agency has requested a modification, issued a rejection under
20 subsection (d) of this Section, or the report has been
21 rejected by operation of law.
22 (b) By certifying such a statement, a Licensed
23 Professional Engineer shall in no way be liable thereon,
24 unless the engineer gave such certification despite his or
25 her actual knowledge that the performed measures were not in
26 compliance with applicable statutory or regulatory
27 requirements or any plan submitted to the Agency.
28 (c) The Agency's issuance of a no further remediation
29 letter shall signify, based on the certification of the
30 Licensed Professional Engineer, that:
31 (1) all statutory and regulatory corrective
32 action requirements applicable to the occurrence have
33 been complied with;
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1 (2) all corrective action concerning the
2 remediation of the occurrence has been completed; and
3 (3) no further corrective action concerning the
4 occurrence is necessary for the protection of human
5 health, safety and the environment.
6 (d) The no further remediation letter issued under this
7 Section shall apply in favor of the following parties:
8 (1) The owner or operator to whom the letter was
9 issued.
10 (2) Any parent corporation or subsidiary of such
11 owner or operator.
12 (3) Any co-owner or co-operator, either by joint
13 tenancy, right-of-survivorship, or any other party
14 sharing a legal relationship with the owner or operator
15 to whom the letter is issued.
16 (4) Any holder of a beneficial interest of a land
17 trust or inter vivos trust whether revocable or
18 irrevocable.
19 (5) Any mortgagee or trustee of a deed of trust of
20 such owner or operator.
21 (6) Any successor-in-interest of such owner or
22 operator.
23 (7) Any transferee of such owner or operator
24 whether the transfer was by sale, bankruptcy proceeding,
25 partition, dissolution of marriage, settlement or
26 adjudication of any civil action, charitable gift, or
27 bequest.
28 (8) Any heir or devisee or such owner or operator.
29 (e) If the Agency notifies the owner or operator that
30 the "no further remediation" letter has been rejected, the
31 grounds for such rejection shall be described in the notice.
32 Such a decision shall be a final determination which may be
33 appealed by the owner or operator.
34 (f) The Board shall adopt rules setting forth the
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1 criteria under which the Agency may require an owner or
2 operator to conduct further investigation or remediation
3 related to a release for which a no further remediation
4 letter has been issued.
5 (g) Holders of security interests in sites subject to
6 the requirements of this Title XVI shall be entitled to the
7 same protections and subject to the same responsibilities
8 provided under general regulations promulgated under Subtitle
9 I of the Hazardous and Solid Waste Amendments of 1984 (P.L.
10 98-616) of the Resource Conservation and Recovery Act of 1976
11 (P.L. 94-580).
12 (Source: P.A. 88-496; 89-428, eff. 1-1-96; 89-457, eff.
13 5-22-96.)
14 (415 ILCS 5/57.13)
15 Sec. 57.13. Underground Storage Tank Program; transition.
16 (a) If a release is reported to the proper State
17 authority on or after the effective date of this amendatory
18 Act of 2002 1993, the owner or operator shall comply with the
19 requirements of this Title.
20 (b) If a release is reported to the proper State
21 authority prior to the effective date of this amendatory Act
22 of 2002 1993, the owner or operator of an underground storage
23 tank may elect to proceed in accordance with the requirements
24 of this Title by submitting a written statement to the Agency
25 of such election. If the owner or operator elects to proceed
26 under the requirements of this Title all costs incurred in
27 connection with the incident prior to notification shall be
28 reimbursable in the same manner as was allowable under the
29 then existing law. Completion of corrective action shall then
30 follow the provisions of this Title. Owners and operators who
31 have not elected to proceed in accordance with the
32 requirements of this Title shall proceed in accordance with
33 the law in effect prior to the effective date of this
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1 amendatory Act of 2002.
2 (Source: P.A. 88-496.)
3 (415 ILCS 5/57.14A new)
4 Sec. 57.14A. Rules.
5 (a) The Agency shall propose and the Board shall adopt
6 amendments to the rules governing the administration of this
7 Title to make the rules consistent with the provisions
8 herein.
9 (b) Until such time as the amended rules required under
10 this Section take effect, the Agency shall administer this
11 Title in accordance with the provisions herein.
12 Section 99. Effective date. This Act takes effect upon
13 becoming law.