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| Public Act 094-0276 |
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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 57.10 as follows:
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(415 ILCS 5/57.10)
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Sec. 57.10. Professional Engineer or Professional | ||||
Geologist
certification; presumptions against liability.
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(a) Within 120 days of the Agency's receipt of a
corrective | ||||
action completion report, the Agency
shall issue to the owner | ||||
or operator a "no further remediation letter" unless
the Agency | ||||
has requested a modification, issued a rejection under
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subsection (d) of this Section, or the report has been rejected | ||||
by operation
of law.
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(b) By certifying such a statement, a Licensed Professional | ||||
Engineer or
Licensed Professional Geologist shall in no way be | ||||
liable thereon, unless
the engineer or geologist gave such | ||||
certification despite his or her actual
knowledge that the | ||||
performed measures were not in compliance with applicable
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statutory or regulatory requirements or any plan submitted to | ||||
the Agency.
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(c) The Agency's issuance of a no further remediation | ||||
letter shall signify,
based on the certification of the | ||||
Licensed Professional Engineer, that:
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(1) all statutory and regulatory corrective action | ||||
requirements
applicable to the occurrence have been | ||||
complied with;
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(2) all corrective action concerning the remediation | ||||
of the
occurrence
has been completed; and
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(3) no further corrective action concerning the | ||||
occurrence
is
necessary for the protection of human health, | ||||
safety and the environment. | ||||
This subsection (c) does not apply to off-site contamination | ||
related to the occurrence that has not been remediated due to | ||
denial of access to the off-site property.
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(d) The no further remediation letter issued under this
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Section
shall apply in favor of the following
parties:
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(1) The owner or operator to whom the letter was | ||
issued.
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(2) Any parent corporation or subsidiary of such owner | ||
or
operator.
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(3) Any co-owner or co-operator, either by joint | ||
tenancy,
right-of-survivorship, or any other party sharing | ||
a legal relationship with
the owner or operator to whom the | ||
letter is issued.
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(4) Any holder of a beneficial interest of a land trust | ||
or
inter
vivos trust whether revocable or irrevocable.
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(5) Any mortgagee or trustee of a deed of trust of such
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owner or
operator.
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(6) Any successor-in-interest of such owner or | ||
operator.
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(7) Any transferee of such owner or operator whether | ||
the
transfer
was by sale, bankruptcy proceeding, | ||
partition, dissolution of marriage,
settlement or
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adjudication of any civil action, charitable gift, or | ||
bequest.
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(8) Any heir or devisee or such owner or operator. | ||
(9) An owner of a parcel of real property to the extent | ||
that the no further remediation letter under subsection (c) | ||
of this Section applies to the occurrence on that parcel.
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(e) If the Agency notifies the owner or operator that the | ||
"no
further
remediation" letter has been rejected, the grounds | ||
for such rejection shall be
described in the notice. Such a | ||
decision shall be a final determination which
may be appealed | ||
by the owner or operator.
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(f) The Board shall adopt rules setting forth the criteria | ||
under which the
Agency may require an owner or operator to | ||
conduct further investigation or
remediation related to a | ||
release for which a no further remediation letter
has been | ||
issued.
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(g) Holders of security interests in sites subject to the | ||
requirements of
this Title XVI shall be entitled to the same | ||
protections and subject to the
same responsibilities provided | ||
under general regulations promulgated under
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).
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(Source: P.A. 92-554, eff. 6-24-02; 92-735, eff. 7-25-02; | ||
revised 9-25-03.)
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