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| Public Act 094-0274 |
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AN ACT concerning safety.
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Be it enacted by the People of the State of Illinois, | ||||
represented in the General Assembly:
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Section 5. The Environmental Protection Act is amended by | ||||
changing Section 57.2 as follows:
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(415 ILCS 5/57.2)
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Sec. 57.2. Definitions. As used in this Title:
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"Audit" means a systematic inspection or examination of | ||||
plans, reports,
records, or documents to determine the | ||||
completeness and accuracy of the data
and
conclusions contained | ||||
therein.
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"Bodily injury" means bodily injury, sickness, or disease | ||||
sustained by a
person, including death at any time, resulting | ||||
from a release of petroleum from
an underground storage tank.
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"Release" means any spilling, leaking, emitting, | ||||
discharging,
escaping, leaching or disposing of petroleum from | ||||
an underground storage tank
into groundwater, surface water or | ||||
subsurface soils.
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"Fill material" means non-native or disturbed materials | ||||
used to bed and
backfill around an underground storage tank.
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"Fund" means the Underground Storage Tank Fund.
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"Heating Oil" means petroleum that is No. 1, No. 2, No. 4 - | ||||
light, No. 4 -
heavy, No. 5 - light, No. 5 - heavy or No. 6 | ||||
technical grades of fuel oil; and
other residual fuel oils | ||||
including Navy Special Fuel Oil and Bunker C.
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"Indemnification" means indemnification of an owner or | ||||
operator for the
amount of any judgment entered against the | ||||
owner or operator in a court of law,
for the amount of any | ||||
final order or determination made against the owner or
operator | ||||
by an agency of State government or any subdivision thereof, or | ||||
for
the amount of any settlement entered into by the owner or | ||||
operator, if the
judgment, order, determination, or settlement | ||||
arises out of bodily injury or
property damage suffered as a | ||
result of a release of petroleum from an
underground storage | ||
tank owned or operated by the owner or operator.
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"Corrective action" means activities associated with | ||
compliance with the
provisions of Sections 57.6 and 57.7 of | ||
this Title.
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"Occurrence" means an accident, including continuous or | ||
repeated exposure
to conditions, that results in a sudden or | ||
nonsudden release from an
underground storage tank.
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When used in connection with, or when otherwise relating | ||
to, underground
storage tanks, the terms "facility", "owner", | ||
"operator", "underground storage
tank", "(UST)", "petroleum" | ||
and "regulated substance" shall have the meanings
ascribed to | ||
them in Subtitle I of the Hazardous and Solid Waste Amendments | ||
of
1984 (P.L. 98-616), of the Resource Conservation and | ||
Recovery Act of 1976 (P.L.
94-580); provided however that the | ||
term "underground storage tank" shall also
mean an underground | ||
storage tank used exclusively to store heating oil for
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consumptive use on the premises where stored and which serves | ||
other than a farm
or residential unit; provided further however | ||
that the term "owner" shall also mean any person who has | ||
submitted to the Agency a written election to proceed under | ||
this Title and has acquired an ownership interest in a site on | ||
which one or more registered tanks have been removed, but on | ||
which corrective action has not yet resulted in the issuance of | ||
a "no further remediation letter" by the Agency pursuant to | ||
this Title.
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"Licensed Professional Engineer" means a person, | ||
corporation, or
partnership licensed under the laws of the | ||
State of Illinois to practice
professional engineering.
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"Licensed Professional Geologist" means a person licensed | ||
under the laws of
the State of Illinois to practice as a | ||
professional geologist.
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"Site" means any single location, place, tract of land or | ||
parcel
of property including contiguous property not separated | ||
by a public
right-of-way.
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"Site investigation" means activities associated with | ||
compliance with the
provisions of subsection (a) of Section | ||
57.7.
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"Property damage" means physical injury to, destruction | ||
of, or contamination
of tangible property, including all | ||
resulting loss of use of that property; or
loss of use of | ||
tangible property that is not physically injured, destroyed, or
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contaminated, but has been evacuated, withdrawn from use, or | ||
rendered
inaccessible because of a release of petroleum from an | ||
underground storage
tank.
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"Class I Groundwater" means groundwater that meets the | ||
Class I: Potable
Resource Groundwater criteria set forth in the | ||
Board regulations adopted
pursuant to the Illinois Groundwater | ||
Protection Act.
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"Class III Groundwater" means groundwater that meets the | ||
Class III: Special
Resource Groundwater criteria set forth in | ||
the Board regulations adopted
pursuant to the Illinois | ||
Groundwater Protection Act.
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(Source: P.A. 92-554, eff. 6-24-02; 92-735, eff. 7-25-02; | ||
revised 9-9-02.)
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