(415 ILCS 5/57.7)
(Text of Section from P.A. 92‑554)
Sec. 57.7.
Leaking underground storage tanks; site investigation and
corrective action.
(a) Site investigation.
(1) For any site investigation activities required |
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by statute or rule, the owner or operator shall submit to the Agency for approval a site investigation plan designed to determine the nature, concentration, direction of movement, rate of movement, and extent of the contamination as well as the significant physical features of the site and surrounding area that may affect contaminant transport and risk to human health and safety and the environment.
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(2) Any owner or operator intending to seek payment
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from the Fund shall submit to the Agency for approval a site investigation budget that includes, but is not limited to, an accounting of all costs associated with the implementation and completion of the site investigation plan.
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(3) Remediation objectives for the applicable
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indicator contaminants shall be determined using the tiered approach to corrective action objectives rules adopted by the Board pursuant to this Title and Title XVII of this Act. For the purposes of this Title, "Contaminant of Concern" or "Regulated Substance of Concern" in the rules means the applicable indicator contaminants set forth in subsection (d) of this Section and the rules adopted thereunder.
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(4) Upon the Agency's approval of a site
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investigation plan, or as otherwise directed by the Agency, the owner or operator shall conduct a site investigation in accordance with the plan.
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(5) Within 30 days after completing the site
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investigation, the owner or operator shall submit to the Agency for approval a site investigation completion report. At a minimum the report shall include all of the following:
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(A) Executive summary.
(B) Site history.
(C) Site‑specific sampling methods and results.
(D) Documentation of all field activities,
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including quality assurance.
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(E) Documentation regarding the development of
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proposed remediation objectives.
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(F) Interpretation of results.
(G) Conclusions.
(b) Corrective action.
(1) If the site investigation confirms none of the
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applicable indicator contaminants exceed the proposed remediation objectives, within 30 days after completing the site investigation the owner or operator shall submit to the Agency for approval a corrective action completion report in accordance with this Section.
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(2) If any of the applicable indicator contaminants
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exceed the remediation objectives approved for the site, within 30 days after the Agency approves the site investigation completion report the owner or operator shall submit to the Agency for approval a corrective action plan designed to mitigate any threat to human health, human safety, or the environment resulting from the underground storage tank release. The plan shall describe the selected remedy and evaluate its ability and effectiveness to achieve the remediation objectives approved for the site. At a minimum, the report shall include all of the following:
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(A) Executive summary.
(B) Statement of remediation objectives.
(C) Remedial technologies selected.
(D) Confirmation sampling plan.
(E) Current and projected future use of the
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(F) Applicable preventive, engineering, and
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institutional controls including long‑term reliability, operating, and maintenance plans, and monitoring procedures.
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(G) A schedule for implementation and completion
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(3) Any owner or operator intending to seek payment
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from the Fund shall submit to the Agency for approval a corrective action budget that includes, but is not limited to, an accounting of all costs associated with the implementation and completion of the corrective action plan.
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(4) Upon the Agency's approval of a corrective
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action plan, or as otherwise directed by the Agency, the owner or operator shall proceed with corrective action in accordance with the plan.
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(5) Within 30 days after the completion of a
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corrective action plan that achieves applicable remediation objectives the owner or operator shall submit to the Agency for approval a corrective action completion report. The report shall demonstrate whether corrective action was completed in accordance with the approved corrective action plan and whether the remediation objectives approved for the site, as well as any other requirements of the plan, have been achieved.
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(6) If within 4 years after the approval of any
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corrective action plan the applicable remediation objectives have not been achieved and the owner or operator has not submitted a corrective action completion report, the owner or operator must submit a status report for Agency review. The status report must include, but is not limited to, a description of the remediation activities taken to date, the effectiveness of the method of remediation being used, the likelihood of meeting the applicable remediation objectives using the current method of remediation, and the date the applicable remediation objectives are expected to be achieved.
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(7) If the Agency determines any approved corrective
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action plan will not achieve applicable remediation objectives within a reasonable time, based upon the method of remediation and site specific circumstances, the Agency may require the owner or operator to submit to the Agency for approval a revised corrective action plan. If the owner or operator intends to seek payment from the Fund, the owner or operator must also submit a revised budget.
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(c) Agency review and approval.
(1) Agency approval of any plan and associated
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budget, as described in this subsection (c), shall be considered final approval for purposes of seeking and obtaining payment from the Underground Storage Tank Fund if the costs associated with the completion of any such plan are less than or equal to the amounts approved in such budget.
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(2) In the event the Agency fails to approve,
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disapprove, or modify any plan or report submitted pursuant to this Title in writing within 120 days of the receipt by the Agency, the plan or report shall be considered to be rejected by operation of law for purposes of this Title and rejected for purposes of payment from the Underground Storage Tank Fund.
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(A) For purposes of those plans as identified in
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paragraph (5) of this subsection (c), the Agency's review may be an audit procedure. Such review or audit shall be consistent with the procedure for such review or audit as promulgated by the Board under Section 57.14. The Agency has the authority to establish an auditing program to verify compliance of such plans with the provisions of this Title.
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(B) For purposes of corrective action plans
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submitted pursuant to subsection (b) of this Section for which payment from the Fund is not being sought, the Agency need not take action on such plan until 120 days after it receives the corrective action completion report required under subsection (b) of this Section. In the event the Agency approved the plan, it shall proceed under the provisions of this subsection (c).
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(3) In approving any plan submitted pursuant to
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subsection (a) or (b) of this Section, the Agency shall determine, by a procedure promulgated by the Board under Section 57.14, that the costs associated with the plan are reasonable, will be incurred in the performance of site investigation or corrective action, and will not be used for site investigation or corrective action activities in excess of those required to meet the minimum requirements of this Title.
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(4) For any plan or report received after the
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effective date of this amendatory Act of 2002, any action by the Agency to disapprove or modify a plan submitted pursuant to this Title shall be provided to the owner or operator in writing within 120 days of the receipt by the Agency or, in the case of a site investigation plan or corrective action plan for which payment is not being sought, within 120 days of receipt of the site investigation completion report or corrective action completion report, respectively, and shall be accompanied by:
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(A) an explanation of the Sections of this Act
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which may be violated if the plans were approved;
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(B) an explanation of the provisions of the
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regulations, promulgated under this Act, which may be violated if the plan were approved;
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(C) an explanation of the specific type of
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information, if any, which the Agency deems the applicant did not provide the Agency; and
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(D) a statement of specific reasons why the Act
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and the regulations might not be met if the plan were approved.
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Any action by the Agency to disapprove or modify a
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plan or report or the rejection of any plan or report by operation of law shall be subject to appeal to the Board in accordance with the procedures of Section 40. If the owner or operator elects to incorporate modifications required by the Agency rather than appeal, an amended plan shall be submitted to the Agency within 35 days of receipt of the Agency's written notification.
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(5) For purposes of this Title, the term "plan"
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(A) Any site investigation plan submitted
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pursuant to subsection (a) of this Section;
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(B) Any site investigation budget submitted
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pursuant to subsection (a) of this Section;
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(C) Any corrective action plan submitted
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pursuant to subsection (b) of this Section; or
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(D) Any corrective action plan budget submitted
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pursuant to subsection (b) of this Section.
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(d) For purposes of this Title, the term "indicator contaminant" shall
mean, unless and until the Board promulgates regulations to the contrary, the
following: (i) if an underground storage tank contains gasoline, the indicator
parameter shall be BTEX and Benzene; (ii) if the tank contained petroleum
products consisting of middle distillate or heavy ends, then the indicator
parameter shall be determined by a scan of PNA's taken from the location where
contamination is most likely to be present; and (iii) if the tank contained
used oil, then the indicator contaminant shall be those chemical constituents
which indicate the type of petroleum stored in an underground storage tank.
All references in this Title to groundwater objectives shall mean Class I
groundwater standards or objectives as applicable.
(e) (1) Notwithstanding the provisions of this Section,
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an owner or operator may proceed to conduct site investigation or corrective action prior to the submittal or approval of an otherwise required plan. If the owner or operator elects to so proceed, an applicable plan shall be filed with the Agency at any time. Such plan shall detail the steps taken to determine the type of site investigation or corrective action which was necessary at the site along with the site investigation or corrective action taken or to be taken, in addition to costs associated with activities to date and anticipated costs.
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(2) Upon receipt of a plan submitted after
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activities have commenced at a site, the Agency shall proceed to review in the same manner as required under this Title. In the event the Agency disapproves all or part of the costs, the owner or operator may appeal such decision to the Board. The owner or operator shall not be eligible to be reimbursed for such disapproved costs unless and until the Board determines that such costs were eligible for payment.
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(f) All investigations, plans, and reports conducted or prepared under
this Section shall be conducted or prepared under the supervision of a
licensed professional engineer and in accordance with the requirements
of this Title.
(Source: P.A. 92‑554; eff. 6‑24‑02.)
(Text of Section from P.A. 92‑574)
Sec. 57.7.
Leaking underground storage tanks; physical soil classification,
groundwater investigation, site classification, and corrective action.
(a) Physical soil classification and groundwater investigation.
(1) Prior to conducting any physical soil
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classification and groundwater investigation activities required by statute or regulation, the owner or operator shall prepare and submit to the Agency for the Agency's approval or modification:
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(A) a physical soil classification and
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groundwater investigation plan designed to determine site classification, in accordance with subsection (b) of this Section, as High Priority, Low Priority, or No Further Action.
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(B) a request for payment of costs
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associated with eligible early action costs as provided in Section 57.6(b). However, for purposes of payment for early action costs, fill materials shall not be removed in an amount in excess of 4 feet from the outside dimensions of the tank.
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(2) If the owner or operator intends to seek payment
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from the Fund, prior to conducting any physical soil classification and groundwater investigation activities required by statute or regulation, the owner or operator shall submit to the Agency for the Agency's approval or modification a physical soil classification and groundwater investigation budget which includes, but is not limited to, an accounting of all costs associated with the implementation and completion of the physical soil classification and groundwater investigation plan.
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(3) Within 30 days of completion of the physical
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soil classification or groundwater investigation report the owner or operator shall submit to the Agency:
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(A) all physical soil classification and
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groundwater investigation results; and
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(B) a certification by a Licensed Professional
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Engineer of the site's classification as High Priority, Low Priority, or No Further Action in accordance with subsection (b) of this Section as High Priority, Low Priority, or No Further Action.
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(b) Site Classification.
(1) After evaluation of the physical soil
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classification and groundwater investigation results, when required, and general site information, the site shall be classified as "No Further Action", "Low Priority", or "High Priority" based on the requirements of this Section. Site classification shall be determined by a Licensed Professional Engineer in accordance with the requirements of this Title and the Licensed Professional Engineer shall submit a certification to the Agency of the site classification. The Agency has the authority to audit site classifications and reject or modify any site classification inconsistent with the requirements of this Title.
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(2) Sites shall be classified as No Further Action
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if the criteria in subparagraph (A) are satisfied:
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(A)(i) The site is located in an area designated
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D, E, F and G on the Illinois Geological Survey Circular (1984) titled "Potential for Contamination of Shallow Aquifers in Illinois," by Berg, Richard C., et al.;
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(ii) A site evaluation under the direction of a
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Licensed Professional Engineer verifies the physical soil classification conditions are consistent with those indicated on the Illinois Geological Survey Circular (1984) titled "Potential for Contamination of Shallow Aquifers in Illinois," by Berg, Richard C., et al.; and
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(iii) The conditions identified in subsections
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(b)(3)(B), (C), (D), and (E) do not exist.
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(B) Groundwater investigation monitoring may be
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required to confirm that a site meets the criteria of a No Further Action site. The Board shall adopt rules setting forth the criteria under which the Agency may exercise its discretionary authority to require investigations and the minimum field requirements for conducting investigations.
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(3) Sites shall be classified as High Priority if
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any of the following are met:
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(A) The site is located in an area designated
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A1, A2, A3, A4, A5, AX, B1, B2, BX, C1, C2, C3, C4, or C5 on the Illinois Geological Survey Circular (1984) titled "Potential for Contamination of Shallow Aquifers in Illinois," by Berg, Richard C., et al.; a site evaluation under the direction of a Licensed Professional Engineer verifies the physical soil classifications conditions are consistent with those indicated on the Illinois Geological Survey Circular (1984) entitled "Potential for Contamination of Shallow Aquifers in Illinois," by Berg, Richard C., et al.; and the results of the physical soil classification and groundwater investigation indicate that an applicable indicator contaminant groundwater quality standard or groundwater objective has been exceeded at the property boundary line or 200 feet from the excavation, whichever is less as a consequence of the underground storage tank release.
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(B) The underground storage tank is within the
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minimum or maximum setback zone of a potable water supply well or regulated recharge area of a potable water supply well.
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(C) There is evidence that, through natural or
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manmade pathways, migration of petroleum or vapors threaten human health or human safety or may cause explosions in basements, crawl spaces, utility conduits, storm or sanitary sewers, vaults or other confined spaces.
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(D) Class III special resource groundwater
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exists within 200 feet of the excavation.
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(E) A surface water body is adversely affected
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by the presence of a visible sheen or free product layer as the result of an underground storage tank release.
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(4) Sites shall be classified as Low Priority if all
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of the following are met:
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(A) The site does not meet any of the criteria
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for classification as a High Priority Site.
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(B) (i) The site is located in area designated
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A1, A2, A3, A4, A5, AX, B1, B2, BX, C1, C2, C3, C4, C5 on the Illinois Geological Survey Circular (1984) entitled "Potential for Contamination of Shallow Aquifers in Illinois," by Berg, Richard C., et al.; and
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(ii) a site evaluation under the direction of a
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Licensed Professional Engineer verifies the physical soil classification conditions are consistent with those indicated on the Illinois Geological Survey Circular (1984) titled "Potential for Contamination of Shallow Aquifers in Illinois," by Berg, Richard C., et al.; and
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(iii) the results of the physical soil
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classification and groundwater investigation do not indicate an applicable indicator contaminant groundwater quality standard or groundwater objective has been exceeded at the property boundary line or 200 feet from the underground storage tank, whichever is less.
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(5) In the event the results of the physical soil
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classification and any required groundwater investigation reveal that the actual site geologic characteristics are different than those indicated by the Illinois Geological Survey Circular (1984) titled "Potential for Contamination of Shallow Aquifers in Illinois" by Berg, Richard C., et al., classification of the site shall be determined using the actual site geologic characteristics.
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(6) For purposes of physical soil classification,
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the Board is authorized to prescribe by regulation alternatives to use of the Illinois Geological Survey Circular (1984) titled "Potential for Contamination of Shallow Aquifers in Illinois" by Berg, Richard C., et al.
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(c) Corrective Action.
(1) High Priority Site.
(A) Prior to performance of any corrective
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action, beyond that required by Section 57.6 and subsection (a) of Section 57.7 of this Act, the owner or operator shall prepare and submit to the Agency for the Agency's approval or modification a corrective action plan designed to mitigate any threat to human health, human safety or the environment resulting from the underground storage tank release.
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(B) If the owner or operator intends to seek
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payment from the Fund, prior to performance of any corrective action beyond that required by Section 57.6 and subsection (a) of Section 57.7, the owner or operator shall submit to the Agency for the Agency's approval or modification a corrective action plan budget which includes, but is not limited to, an accounting of all costs associated with the implementation and completion of the corrective action plan.
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(C) The corrective action plan shall do all of
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(i) Provide that applicable indicator
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contaminant groundwater quality standards or groundwater objectives will not be exceeded in groundwater at the property boundary line or 200 feet from the excavation, whichever is less, or other level if approved by the Agency, for any contaminant identified in the groundwater investigation after complete performance of the corrective action plan.
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(ii) Provide that Class III special resource
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groundwater quality standards for Class III special resource groundwater within 200 feet of the excavation will not be exceeded as a result of the underground storage tank release for any indicator contaminant identified in the groundwater investigation after complete performance of the corrective action plan.
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(iii) Remediate threats due to the presence
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or migration, through natural or manmade pathways, of petroleum in concentrations sufficient to harm human health or human safety or to cause explosions in basements, crawl spaces, utility conduits, storm or sanitary sewers, vaults or other confined spaces.
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(iv) Remediate threats to a potable water
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(v) Remediate threats to a surface water
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(D) Within 30 days of completion of the
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corrective action, the owner or operator shall submit to the Agency such a completion report that includes a description of the corrective action plan and a description of the corrective action work performed and all analytical or sampling results derived from performance of the corrective action plan.
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(E) The Agency shall issue to the owner or
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operator a no further remediation letter in accordance with Section 57.10 if all of the following are met:
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(i) The corrective action completion report
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demonstrates that: (a) applicable indicator contaminant groundwater quality standards or groundwater objectives are not exceeded at the property boundary line or 200 feet from the excavation, whichever is less, as a result of the underground storage tank release for any indicator contaminant identified in the groundwater investigation; (b) Class III special use resource groundwater quality standards, for Class III special use resource groundwater within 200 feet of the underground storage tank, are not exceeded as a result of the underground storage tank release for any contaminant identified in the groundwater investigation; (c) the underground storage tank release does not threaten human health or human safety due to the presence or migration, through natural or manmade pathways, of petroleum or hazardous substances in concentrations sufficient to harm human health or human safety or to cause explosions in basements, crawl spaces, utility conduits, storm or sanitary sewers, vaults or other confined spaces; (d) the underground storage tank release does not threaten any surface water body; and (e) the underground storage tank release does not threaten any potable water supply.
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(ii) The owner or operator submits to the
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Agency a certification from a Licensed Professional Engineer that the work described in the approved corrective action plan has been completed and that the information presented in the corrective action completion report is accurate and complete.
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(2) Low Priority Site.
(A) Corrective action at a low priority site
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must include groundwater monitoring consistent with part (B) of this paragraph (2).
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(B) Prior to implementation of groundwater
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monitoring, the owner or operator shall prepare and submit to the Agency a groundwater monitoring plan and, if the owner or operator intends to seek payment under this Title, an associated budget which includes, at a minimum, all of the following:
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(i) Placement of groundwater monitoring
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wells at the property line, or at 200 feet from the excavation which ever is closer, designed to provide the greatest likelihood of detecting migration of groundwater contamination.
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(ii) Quarterly groundwater sampling for a
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period of one year, semi‑annual sampling for the second year and annual groundwater sampling for one subsequent year for all indicator contaminants identified during the groundwater investigation.
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(iii) The annual submittal to the Agency of
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a summary of groundwater sampling results.
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(C) If at any time groundwater sampling results
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indicate a confirmed exceedence of applicable indicator contaminant groundwater quality standards or groundwater objectives as a result of the underground storage tank release, the site may be reclassified as a High Priority Site by the Agency at any time before the Agency's final approval of a Low Priority groundwater monitoring completion report. Agency review and approval shall be in accordance with paragraph (4) of subsection (c) of this Section. If the owner or operator elects to appeal an Agency action to disapprove, modify, or reject by operation of law a Low Priority groundwater monitoring completion report, the Agency shall indicate to the Board in conjunction with such appeal whether it intends to reclassify the site as High Priority. If a site is reclassified as a High Priority Site, the owner or operator shall submit a corrective action plan and budget to the Agency within 120 days of the confirmed exceedence and shall initiate compliance with all corrective action requirements for a High Priority Site.
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(D) If, throughout the implementation of the
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groundwater monitoring plan, the groundwater sampling results do not confirm an exceedence of applicable indicator contaminant groundwater quality standards or groundwater objectives as a result of the underground storage tank release, the owner or operator shall submit to the Agency a certification of a Licensed Professional Engineer so stating.
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(E) Unless the Agency takes action under
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subsection (b)(2)(C) to reclassify a site as high priority, upon receipt of a certification by a Licensed Professional Engineer submitted pursuant to paragraph (2) of subsection (c) of this Section, the Agency shall issue to the owner or operator a no further remediation letter in accordance with Section 57.10.
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(3) No Further Action Site.
(A) No Further Action sites require no
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remediation beyond that required in Section 57.6 and subsection (a) of this Section if the owner or operator has submitted to the Agency a certification by a Licensed Professional Engineer that the site meets all of the criteria for classification as No Further Action in subsection (b) of this Section.
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(B) Unless the Agency takes action to reject or
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modify a site classification under subsection (b) of this Section or the site classification is rejected by operation of law under item (4)(B) of subsection (c) of this Section, upon receipt of a certification by a Licensed Professional Engineer submitted pursuant to part (A) of paragraph (3) of subsection (c) of this Section, the Agency shall issue to the owner or operator a no further remediation letter in accordance with Section 57.10.
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(4) Agency review and approval.
(A) Agency approval of any plan and associated
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budget, as described in this item (4), shall be considered final approval for purposes of seeking and obtaining payment from the Underground Storage Tank Fund if the costs associated with the completion of any such plan are less than or equal to the amounts approved in such budget.
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(B) In the event the Agency fails to approve,
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disapprove, or modify any plan or report submitted pursuant to this Title in writing within 120 days of the receipt by the Agency, the plan or report shall be considered to be rejected by operation of law for purposes of this Title and rejected for purposes of payment from the Leaking Underground Storage Tank Fund.
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(i) For purposes of those plans as
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identified in subparagraph (E) of this subsection (c)(4), the Agency's review may be an audit procedure. Such review or audit shall be consistent with the procedure for such review or audit as promulgated by the Board under item (7) of subsection (b) of Section 57.14. The Agency has the authority to establish an auditing program to verify compliance of such plans with the provisions of this Title.
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(ii) For purposes of those plans submitted
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pursuant to Part (E) (iii) of this paragraph (4) for which payment from the Fund is not being sought, the Agency need not take action on such plan until 120 days after it receives the corrective action completion report required under Section 57(c)(1)(D). In the event the Agency approved the plan, it shall proceed under the provisions of Section 57(c)(4).
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(C) In approving any plan submitted pursuant to
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Part (E) of this paragraph (4), the Agency shall determine, by a procedure promulgated by the Board under item (7) of subsection (b) of Section 57.14, that the costs associated with the plan are reasonable, will be incurred in the performance of corrective action, and will not be used for corrective action activities in excess of those required to meet the minimum requirements of this title.
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(D) For any plan or report received after
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September 13, 1993, any action by the Agency to disapprove or modify a plan submitted pursuant to this Title shall be provided to the owner or operator in writing within 120 days of the receipt by the Agency or, in the case of a corrective action plan for which payment is not being sought, within 120 days of receipt of the corrective action completion report, and shall be accompanied by:
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(i) an explanation of the Sections of this
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Act which may be violated if the plans were approved;
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(ii) an explanation of the provisions of the
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regulations, promulgated under this Act, which may be violated if the plan were approved;
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(iii) an explanation of the specific type of
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information, if any, which the Agency deems the applicant did not provide the Agency; and
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(iv) a statement of specific reasons why the
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Act and the regulations might not be met if the plan were approved.
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Any action by the Agency to disapprove or modify
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a plan or report or the rejection of any plan or report by operation of law shall be subject to appeal to the Board in accordance with the procedures of Section 40. If the owner or operator elects to incorporate modifications required by the Agency rather than appeal, an amended plan shall be submitted to the Agency within 35 days of receipt of the Agency's written notification.
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(E) For purposes of this Title, the term "plan"
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(i) Any physical soil classification and
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groundwater investigation plan submitted pursuant to item (1)(A) of subsection (a) of this Section, or budget under item (2) of subsection (a) of this Section;
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(ii) Any groundwater monitoring plan or
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budget submitted pursuant to subsection (c)(2)(B) of this Section;
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(iii) Any corrective action plan submitted
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pursuant to subsection (c)(1)(A) of this Section; or
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(iv) Any corrective action plan budget
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submitted pursuant to subsection (c)(1)(B) of this Section.
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(d) For purposes of this Title, the term "indicator contaminant" shall mean,
unless and until the Board promulgates regulations to the contrary, the
following: (i) if an underground storage tank contains gasoline, the indicator
parameter shall be BTEX and Benzene; (ii) if the tank contained petroleum
products consisting of middle distillate or heavy ends, then the indicator
parameter shall be determined by a scan of PNA's taken from the location where
contamination is most likely to be present; and (iii) if the tank contained
used oil, then the indicator contaminant shall be those chemical constituents
which indicate the type of petroleum stored in an underground storage tank.
All references in this Title to groundwater objectives shall mean Class I
groundwater standards or objectives as applicable.
(e) (1) Notwithstanding the provisions of this Section,
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an owner or operator may proceed to conduct physical soil classification, groundwater investigation, site classification or other corrective action prior to the submittal or approval of an otherwise required plan. If the owner or operator elects to so proceed, an applicable plan shall be filed with the Agency at any time. Such plan shall detail the steps taken to determine the type of corrective action which was necessary at the site along with the corrective action taken or to be taken, in addition to costs associated with activities to date and anticipated costs.
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(2) Upon receipt of a plan submitted after
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activities have commenced at a site, the Agency shall proceed to review in the same manner as required under this Title. In the event the Agency disapproves all or part of the costs, the owner or operator may appeal such decision to the Board. The owner or operator shall not be eligible to be reimbursed for such disapproved costs unless and until the Board determines that such costs were eligible for payment.
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(Source: P.A. 88‑496; 88‑668, eff. 9‑16‑94; 89‑428, eff. 1‑1‑96; 89‑457, eff.
5‑22‑96; 92‑574, eff. 6‑26‑02.)
(Text of Section from P.A. 92‑651)
Sec. 57.7.
Leaking underground storage tanks; physical soil classification,
groundwater investigation, site classification, and corrective action.
(a) Physical soil classification and groundwater investigation.
(1) Prior to conducting any physical soil
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classification and groundwater investigation activities required by statute or regulation, the owner or operator shall prepare and submit to the Agency for the Agency's approval or modification:
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(A) a physical soil classification and
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groundwater investigation plan designed to determine site classification, in accordance with subsection (b) of this Section, as High Priority, Low Priority, or No Further Action.
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(B) a request for payment of costs
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associated with eligible early action costs as provided in Section 57.6(b). However, for purposes of payment for early action costs, fill materials shall not be removed in an amount in excess of 4 feet from the outside dimensions of the tank.
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(2) If the owner or operator intends to seek payment
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from the Fund, prior to conducting any physical soil classification and groundwater investigation activities required by statute or regulation, the owner or operator shall submit to the Agency for the Agency's approval or modification a physical soil classification and groundwater investigation budget which includes, but is not limited to, an accounting of all costs associated with the implementation and completion of the physical soil classification and groundwater investigation plan.
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(3) Within 30 days of completion of the physical
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soil classification or groundwater investigation report the owner or operator shall submit to the Agency:
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(A) all physical soil classification and
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groundwater investigation results; and
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(B) a certification by a Licensed Professional
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Engineer of the site's classification as High Priority, Low Priority, or No Further Action in accordance with subsection (b) of this Section as High Priority, Low Priority, or No Further Action.
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(b) Site Classification.
(1) After evaluation of the physical soil
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classification and groundwater investigation results, when required, and general site information, the site shall be classified as "No Further Action", "Low Priority", or "High Priority" based on the requirements of this Section. Site classification shall be determined by a Licensed Professional Engineer in accordance with the requirements of this Title and the Licensed Professional Engineer shall submit a certification to the Agency of the site classification. The Agency has the authority to audit site classifications and reject or modify any site classification inconsistent with the requirements of this Title.
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(2) Sites shall be classified as No Further Action
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if the criteria in subparagraph (A) are satisfied:
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(A)(i) The site is located in an area designated
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D, E, F and G on the Illinois Geological Survey Circular (1984) titled "Potential for Contamination of Shallow Aquifers in Illinois," by Berg, Richard C., et al.;
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(ii) A site evaluation under the direction of a
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Licensed Professional Engineer verifies the physical soil classification conditions are consistent with those indicated on the Illinois Geological Survey Circular (1984) titled "Potential for Contamination of Shallow Aquifers in Illinois," by Berg, Richard C., et al.; and
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(iii) The conditions identified in subsections
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(b) (3)(B), (C), (D), and (E) do not exist.
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(B) Groundwater investigation monitoring may be
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required to confirm that a site meets the criteria of a No Further Action site. The Board shall adopt rules setting forth the criteria under which the Agency may exercise its discretionary authority to require investigations and the minimum field requirements for conducting investigations.
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(3) Sites shall be classified as High Priority if
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any of the following are met:
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(A) The site is located in an area designated
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A1, A2, A3, A4, A5, AX, B1, B2, BX, C1, C2, C3, C4, or C5 on the Illinois Geological Survey Circular (1984) titled "Potential for Contamination of Shallow Aquifers in Illinois," by Berg, Richard C., et al.; a site evaluation under the direction of a Licensed Professional Engineer verifies the physical soil classifications conditions are consistent with those indicated on the Illinois Geological Survey Circular (1984) entitled "Potential for Contamination of Shallow Aquifers in Illinois," by Berg, Richard C., et al.; and the results of the physical soil classification and groundwater investigation indicate that an applicable indicator contaminant groundwater quality standard or groundwater objective has been exceeded at the property boundary line or 200 feet from the excavation, whichever is less as a consequence of the underground storage tank release.
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(B) The underground storage tank is within the
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minimum or maximum setback zone of a potable water supply well or regulated recharge area of a potable water supply well.
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(C) There is evidence that, through natural or
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manmade pathways, migration of petroleum or vapors threaten human health or human safety or may cause explosions in basements, crawl spaces, utility conduits, storm or sanitary sewers, vaults or other confined spaces.
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(D) Class III special resource groundwater
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exists within 200 feet of the excavation.
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(E) A surface water body is adversely affected
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by the presence of a visible sheen or free product layer as the result of an underground storage tank release.
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(4) Sites shall be classified as Low Priority if all
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of the following are met:
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(A) The site does not meet any of the criteria
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for classification as a High Priority Site.
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(B) (i) The site is located in area designated
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A1, A2, A3, A4, A5, AX, B1, B2, BX, C1, C2, C3, C4, C5 on the Illinois Geological Survey Circular (1984) entitled "Potential for Contamination of Shallow Aquifers in Illinois," by Berg, Richard C., et al.; and
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(ii) a site evaluation under the direction of a
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Licensed Professional Engineer verifies the physical soil classification conditions are consistent with those indicated on the Illinois Geological Survey Circular (1984) titled "Potential for Contamination of Shallow Aquifers in Illinois," by Berg, Richard C., et al.; and
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(iii) the results of the physical soil
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classification and groundwater investigation do not indicate an applicable indicator contaminant groundwater quality standard or groundwater objective has been exceeded at the property boundary line or 200 feet from the underground storage tank, whichever is less.
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(5) In the event the results of the physical soil
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classification and any required groundwater investigation reveal that the actual site geologic characteristics are different than those indicated by the Illinois Geological Survey Circular (1984) titled "Potential for Contamination of Shallow Aquifers in Illinois" by Berg, Richard C., et al., classification of the site shall be determined using the actual site geologic characteristics.
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(6) For purposes of physical soil classification,
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the Board is authorized to prescribe by regulation alternatives to use of the Illinois Geological Survey Circular (1984) titled "Potential for Contamination of Shallow Aquifers in Illinois" by Berg, Richard C., et al.
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(c) Corrective Action.
(1) High Priority Site.
(A) Prior to performance of any corrective
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action, beyond that required by Section 57.6 and subsection (a) of Section 57.7 of this Act, the owner or operator shall prepare and submit to the Agency for the Agency's approval or modification a corrective action plan designed to mitigate any threat to human health, human safety or the environment resulting from the underground storage tank release.
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(B) If the owner or operator intends to seek
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payment from the Fund, prior to performance of any corrective action beyond that required by Section 57.6 and subsection (a) of Section 57.7, the owner or operator shall submit to the Agency for the Agency's approval or modification a corrective action plan budget which includes, but is not limited to, an accounting of all costs associated with the implementation and completion of the corrective action plan.
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(C) The corrective action plan shall do all of
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(i) Provide that applicable indicator
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contaminant groundwater quality standards or groundwater objectives will not be exceeded in groundwater at the property boundary line or 200 feet from the excavation, whichever is less, or other level if approved by the Agency, for any contaminant identified in the groundwater investigation after complete performance of the corrective action plan.
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(ii) Provide that Class III special resource
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groundwater quality standards for Class III special resource groundwater within 200 feet of the excavation will not be exceeded as a result of the underground storage tank release for any indicator contaminant identified in the groundwater investigation after complete performance of the corrective action plan.
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(iii) Remediate threats due to the presence
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or migration, through natural or manmade pathways, of petroleum in concentrations sufficient to harm human health or human safety or to cause explosions in basements, crawl spaces, utility conduits, storm or sanitary sewers, vaults or other confined spaces.
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(iv) Remediate threats to a potable water
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(v) Remediate threats to a surface water
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(D) Within 30 days of completion of the
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corrective action, the owner or operator shall submit to the Agency such a completion report that includes a description of the corrective action plan and a description of the corrective action work performed and all analytical or sampling results derived from performance of the corrective action plan.
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(E) The Agency shall issue to the owner or
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operator a no further remediation letter in accordance with Section 57.10 if all of the following are met:
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(i) The corrective action completion report
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demonstrates that: (a) applicable indicator contaminant groundwater quality standards or groundwater objectives are not exceeded at the property boundary line or 200 feet from the excavation, whichever is less, as a result of the underground storage tank release for any indicator contaminant identified in the groundwater investigation; (b) Class III special use resource groundwater quality standards, for Class III special use resource groundwater within 200 feet of the underground storage tank, are not exceeded as a result of the underground storage tank release for any contaminant identified in the groundwater investigation; (c) the underground storage tank release does not threaten human health or human safety due to the presence or migration, through natural or manmade pathways, of petroleum or hazardous substances in concentrations sufficient to harm human health or human safety or to cause explosions in basements, crawl spaces, utility conduits, storm or sanitary sewers, vaults or other confined spaces; (d) the underground storage tank release does not threaten any surface water body; and (e) the underground storage tank release does not threaten any potable water supply.
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(ii) The owner or operator submits to the
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Agency a certification from a Licensed Professional Engineer that the work described in the approved corrective action plan has been completed and that the information presented in the corrective action completion report is accurate and complete.
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(2) Low Priority Site.
(A) Corrective action at a low priority site
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must include groundwater monitoring consistent with part (B) of this paragraph (2).
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(B) Prior to implementation of groundwater
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monitoring, the owner or operator shall prepare and submit to the Agency a groundwater monitoring plan and, if the owner or operator intends to seek payment under this Title, an associated budget which includes, at a minimum, all of the following:
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(i) Placement of groundwater monitoring
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wells at the property line, or at 200 feet from the excavation which ever is closer, designed to provide the greatest likelihood of detecting migration of groundwater contamination.
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(ii) Quarterly groundwater sampling for a
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period of one year, semi‑annual sampling for the second year and annual groundwater sampling for one subsequent year for all indicator contaminants identified during the groundwater investigation.
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(iii) The annual submittal to the Agency of
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a summary of groundwater sampling results.
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(C) If at any time groundwater sampling results
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indicate a confirmed exceedence of applicable indicator contaminant groundwater quality standards or groundwater objectives as a result of the underground storage tank release, the site may be reclassified as a High Priority Site by the Agency at any time before the Agency's final approval of a Low Priority groundwater monitoring completion report. Agency review and approval shall be in accordance with paragraph (4) of subsection (c) of this Section. If the owner or operator elects to appeal an Agency action to disapprove, modify, or reject by operation of law a Low Priority groundwater monitoring completion report, the Agency shall indicate to the Board in conjunction with such appeal whether it intends to reclassify the site as High Priority. If a site is reclassified as a High Priority Site, the owner or operator shall submit a corrective action plan and budget to the Agency within 120 days of the confirmed exceedence and shall initiate compliance with all corrective action requirements for a High Priority Site.
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(D) If, throughout the implementation of the
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groundwater monitoring plan, the groundwater sampling results do not confirm an exceedence of applicable indicator contaminant groundwater quality standards or groundwater objectives as a result of the underground storage tank release, the owner or operator shall submit to the Agency a certification of a Licensed Professional Engineer so stating.
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(E) Unless the Agency takes action under
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subsection (b)(2)(C) to reclassify a site as high priority, upon receipt of a certification by a Licensed Professional Engineer submitted pursuant to paragraph (2) of subsection (c) of this Section, the Agency shall issue to the owner or operator a no further remediation letter in accordance with Section 57.10.
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(3) No Further Action Site.
(A) No Further Action sites require no
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remediation beyond that required in Section 57.6 and subsection (a) of this Section if the owner or operator has submitted to the Agency a certification by a Licensed Professional Engineer that the site meets all of the criteria for classification as No Further Action in subsection (b) of this Section.
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(B) Unless the Agency takes action to reject or
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modify a site classification under subsection (b) of this Section or the site classification is rejected by operation of law under item (4)(B) of subsection (c) of this Section, upon receipt of a certification by a Licensed Professional Engineer submitted pursuant to part (A) of paragraph (3) of subsection (c) of this Section, the Agency shall issue to the owner or operator a no further remediation letter in accordance with Section 57.10.
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(4) Agency review and approval.
(A) Agency approval of any plan and associated
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budget, as described in this item (4), shall be considered final approval for purposes of seeking and obtaining payment from the Underground Storage Tank Fund if the costs associated with the completion of any such plan are less than or equal to the amounts approved in such budget.
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(B) In the event the Agency fails to approve,
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disapprove, or modify any plan or report submitted pursuant to this Title in writing within 120 days of the receipt by the Agency, the plan or report shall be considered to be rejected by operation of law for purposes of this Title and rejected for purposes of payment from the Underground Storage Tank Fund.
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(i) For purposes of those plans as
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identified in subparagraph (E) of this subsection (c)(4), the Agency's review may be an audit procedure. Such review or audit shall be consistent with the procedure for such review or audit as promulgated by the Board under item (7) of subsection (b) of Section 57.14. The Agency has the authority to establish an auditing program to verify compliance of such plans with the provisions of this Title.
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(ii) For purposes of those plans submitted
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pursuant to Part (E) (iii) of this paragraph (4) for which payment from the Fund is not being sought, the Agency need not take action on such plan until 120 days after it receives the corrective action completion report required under Section 57(c)(1)(D). In the event the Agency approved the plan, it shall proceed under the provisions of Section 57(c)(4).
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(C) In approving any plan submitted pursuant to
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Part (E) of this paragraph (4), the Agency shall determine, by a procedure promulgated by the Board under item (7) of subsection (b) of Section 57.14, that the costs associated with the plan are reasonable, will be incurred in the performance of corrective action, and will not be used for corrective action activities in excess of those required to meet the minimum requirements of this title.
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(D) For any plan or report received after the
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effective date of this amendatory Act of 1993, any action by the Agency to disapprove or modify a plan submitted pursuant to this Title shall be provided to the owner or operator in writing within 120 days of the receipt by the Agency or, in the case of a corrective action plan for which payment is not being sought, within 120 days of receipt of the corrective action completion report, and shall be accompanied by:
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(i) an explanation of the Sections of this
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Act which may be violated if the plans were approved;
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(ii) an explanation of the provisions of the
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regulations, promulgated under this Act, which may be violated if the plan were approved;
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(iii) an explanation of the specific type of
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information, if any, which the Agency deems the applicant did not provide the Agency; and
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(iv) a statement of specific reasons why the
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Act and the regulations might not be met if the plan were approved.
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Any action by the Agency to disapprove or modify
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a plan or report or the rejection of any plan or report by operation of law shall be subject to appeal to the Board in accordance with the procedures of Section 40. If the owner or operator elects to incorporate modifications required by the Agency rather than appeal, an amended plan shall be submitted to the Agency within 35 days of receipt of the Agency's written notification.
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(E) For purposes of this Title, the term "plan"
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(i) Any physical soil classification and
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groundwater investigation plan submitted pursuant to item (1)(A) of subsection (a) of this Section, or budget under item (2) of subsection (a) of this Section;
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(ii) Any groundwater monitoring plan or
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budget submitted pursuant to subsection (c)(2)(B) of this Section;
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(iii) Any corrective action plan submitted
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pursuant to subsection (c)(1)(A) of this Section; or
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(iv) Any corrective action plan budget
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submitted pursuant to subsection (c)(1)(B) of this Section.
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(d) For purposes of this Title, the term "indicator contaminant" shall mean,
unless and until the Board promulgates regulations to the contrary, the
following: (i) if an underground storage tank contains gasoline, the indicator
parameter shall be BTEX and Benzene; (ii) if the tank contained petroleum
products consisting of middle distillate or heavy ends, then the indicator
parameter shall be determined by a scan of PNA's taken from the location where
contamination is most likely to be present; and (iii) if the tank contained
used oil, then the indicator contaminant shall be those chemical constituents
which indicate the type of petroleum stored in an underground storage tank.
All references in this Title to groundwater objectives shall mean Class I
groundwater standards or objectives as applicable.
(e) (1) Notwithstanding the provisions of this Section,
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an owner or operator may proceed to conduct physical soil classification, groundwater investigation, site classification or other corrective action prior to the submittal or approval of an otherwise required plan. If the owner or operator elects to so proceed, an applicable plan shall be filed with the Agency at any time. Such plan shall detail the steps taken to determine the type of corrective action which was necessary at the site along with the corrective action taken or to be taken, in addition to costs associated with activities to date and anticipated costs.
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(2) Upon receipt of a plan submitted after
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activities have commenced at a site, the Agency shall proceed to review in the same manner as required under this Title. In the event the Agency disapproves all or part of the costs, the owner or operator may appeal such decision to the Board. The owner or operator shall not be eligible to be reimbursed for such disapproved costs unless and until the Board determines that such costs were eligible for payment.
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(Source: P.A. 88‑496; 88‑668, eff. 9‑16‑94; 89‑428, eff. 1‑1‑96; 89‑457, eff.
5‑22‑96; revised 1‑25‑02; 92‑651, eff. 7‑11‑02.)
(Text of Section from P.A. 92‑735)
Sec. 57.7.
Leaking underground storage tanks; physical soil classification,
groundwater investigation, site classification, and corrective action.
(a) Physical soil classification and groundwater investigation.
(1) Prior to conducting any physical soil
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classification and groundwater investigation activities required by statute or regulation, the owner or operator shall prepare and submit to the Agency for the Agency's approval or modification:
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(A) a physical soil classification and
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groundwater investigation plan designed to determine site classification, in accordance with subsection (b) of this Section, as High Priority, Low Priority, or No Further Action.
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(B) a request for payment of costs
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associated with eligible early action costs as provided in Section 57.6(b). However, for purposes of payment for early action costs, fill materials shall not be removed in an amount in excess of 4 feet from the outside dimensions of the tank.
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(2) If the owner or operator intends to seek payment
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from the Fund, prior to conducting any physical soil classification and groundwater investigation activities required by statute or regulation, the owner or operator shall submit to the Agency for the Agency's approval or modification a physical soil classification and groundwater investigation budget which includes, but is not limited to, an accounting of all costs associated with the implementation and completion of the physical soil classification and groundwater investigation plan.
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(3) Within 30 days of completion of the physical
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soil classification or groundwater investigation report the owner or operator shall submit to the Agency:
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(A) all physical soil classification and
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groundwater investigation results; and
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(B) a certification by a Licensed Professional
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Engineer or Licensed Professional Geologist of the site's classification as High Priority, Low Priority, or No Further Action in accordance with subsection (b) of this Section as High Priority, Low Priority, or No Further Action.
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(b) Site Classification.
(1) After evaluation of the physical soil
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classification and groundwater investigation results, when required, and general site information, the site shall be classified as "No Further Action", "Low Priority", or "High Priority" based on the requirements of this Section. Site classification shall be determined by a Licensed Professional Engineer or Licensed Professional Geologist in accordance with the requirements of this Title and the Licensed Professional Engineer or Licensed Professional Geologist shall submit a certification to the Agency of the site classification. The Agency has the authority to audit site classifications and reject or modify any site classification inconsistent with the requirements of this Title.
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(2) Sites shall be classified as No Further Action
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if the criteria in subparagraph (A) are satisfied:
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(A)(i) The site is located in an area designated
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D, E, F and G on the Illinois Geological Survey Circular (1984) titled "Potential for Contamination of Shallow Aquifers in Illinois," by Berg, Richard C., et al.;
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(ii) A site evaluation under the direction of a
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Licensed Professional Engineer or Licensed Professional Geologist verifies the physical soil classification conditions are consistent with those indicated on the Illinois Geological Survey Circular (1984) titled "Potential for Contamination of Shallow Aquifers in Illinois," by Berg, Richard C., et al.; and
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(iii) The conditions identified in subsections
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(b) (3)(B), (C), (D), and (E) do not exist.
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(B) Groundwater investigation monitoring may be
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required to confirm that a site meets the criteria of a No Further Action site. The Board shall adopt rules setting forth the criteria under which the Agency may exercise its discretionary authority to require investigations and the minimum field requirements for conducting investigations.
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(3) Sites shall be classified as High Priority if
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any of the following are met:
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(A) The site is located in an area designated
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A1, A2, A3, A4, A5, AX, B1, B2, BX, C1, C2, C3, C4, or C5 on the Illinois Geological Survey Circular (1984) titled "Potential for Contamination of Shallow Aquifers in Illinois," by Berg, Richard C., et al.; a site evaluation under the direction of a Licensed Professional Engineer or Licensed Professional Geologist verifies the physical soil classifications conditions are consistent with those indicated on the Illinois Geological Survey Circular (1984) entitled "Potential for Contamination of Shallow Aquifers in Illinois," by Berg, Richard C., et al.; and the results of the physical soil classification and groundwater investigation indicate that an applicable indicator contaminant groundwater quality standard or groundwater objective has been exceeded at the property boundary line or 200 feet from the excavation, whichever is less as a consequence of the underground storage tank release.
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(B) The underground storage tank is within the
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minimum or maximum setback zone of a potable water supply well or regulated recharge area of a potable water supply well.
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(C) There is evidence that, through natural or
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manmade pathways, migration of petroleum or vapors threaten human health or human safety or may cause explosions in basements, crawl spaces, utility conduits, storm or sanitary sewers, vaults or other confined spaces.
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(D) Class III special resource groundwater
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exists within 200 feet of the excavation.
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(E) A surface water body is adversely affected
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by the presence of a visible sheen or free product layer as the result of an underground storage tank release.
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(4) Sites shall be classified as Low Priority if all
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of the following are met:
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(A) The site does not meet any of the criteria
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for classification as a High Priority Site.
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(B) (i) The site is located in area designated
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A1, A2, A3, A4, A5, AX, B1, B2, BX, C1, C2, C3, C4, C5 on the Illinois Geological Survey Circular (1984) entitled "Potential for Contamination of Shallow Aquifers in Illinois," by Berg, Richard C., et al.; and
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(ii) a site evaluation under the direction of a
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Licensed Professional Engineer or Licensed Professional Geologist verifies the physical soil classification conditions are consistent with those indicated on the Illinois Geological Survey Circular (1984) titled "Potential for Contamination of Shallow Aquifers in Illinois," by Berg, Richard C., et al.; and
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(iii) the results of the physical soil
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classification and groundwater investigation do not indicate an applicable indicator contaminant groundwater quality standard or groundwater objective has been exceeded at the property boundary line or 200 feet from the underground storage tank, whichever is less.
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(5) In the event the results of the physical soil
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classification and any required groundwater investigation reveal that the actual site geologic characteristics are different than those indicated by the Illinois Geological Survey Circular (1984) titled "Potential for Contamination of Shallow Aquifers in Illinois" by Berg, Richard C., et al., classification of the site shall be determined using the actual site geologic characteristics.
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(6) For purposes of physical soil classification,
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the Board is authorized to prescribe by regulation alternatives to use of the Illinois Geological Survey Circular (1984) titled "Potential for Contamination of Shallow Aquifers in Illinois" by Berg, Richard C., et al.
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(c) Corrective Action.
(1) High Priority Site.
(A) Prior to performance of any corrective
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|
action, beyond that required by Section 57.6 and subsection (a) of Section 57.7 of this Act, the owner or operator shall prepare and submit to the Agency for the Agency's approval or modification a corrective action plan designed to mitigate any threat to human health, human safety or the environment resulting from the underground storage tank release.
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(B) If the owner or operator intends to seek
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|
payment from the Fund, prior to performance of any corrective action beyond that required by Section 57.6 and subsection (a) of Section 57.7, the owner or operator shall submit to the Agency for the Agency's approval or modification a corrective action plan budget which includes, but is not limited to, an accounting of all costs associated with the implementation and completion of the corrective action plan.
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(C) The corrective action plan shall do all of
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(i) Provide that applicable indicator
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contaminant groundwater quality standards or groundwater objectives will not be exceeded in groundwater at the property boundary line or 200 feet from the excavation, whichever is less, or other level if approved by the Agency, for any contaminant identified in the groundwater investigation after complete performance of the corrective action plan.
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(ii) Provide that Class III special resource
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groundwater quality standards for Class III special resource groundwater within 200 feet of the excavation will not be exceeded as a result of the underground storage tank release for any indicator contaminant identified in the groundwater investigation after complete performance of the corrective action plan.
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|
(iii) Remediate threats due to the presence
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|
or migration, through natural or manmade pathways, of petroleum in concentrations sufficient to harm human health or human safety or to cause explosions in basements, crawl spaces, utility conduits, storm or sanitary sewers, vaults or other confined spaces.
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(iv) Remediate threats to a potable water
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(v) Remediate threats to a surface water
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(D) Within 30 days of completion of the
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corrective action, the owner or operator shall submit to the Agency such a completion report that includes a description of the corrective action plan and a description of the corrective action work performed and all analytical or sampling results derived from performance of the corrective action plan.
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(E) The Agency shall issue to the owner or
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operator a no further remediation letter in accordance with Section 57.10 if all of the following are met:
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(i) The corrective action completion report
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demonstrates that: (a) applicable indicator contaminant groundwater quality standards or groundwater objectives are not exceeded at the property boundary line or 200 feet from the excavation, whichever is less, as a result of the underground storage tank release for any indicator contaminant identified in the groundwater investigation; (b) Class III special use resource groundwater quality standards, for Class III special use resource groundwater within 200 feet of the underground storage tank, are not exceeded as a result of the underground storage tank release for any contaminant identified in the groundwater investigation; (c) the underground storage tank release does not threaten human health or human safety due to the presence or migration, through natural or manmade pathways, of petroleum or hazardous substances in concentrations sufficient to harm human health or human safety or to cause explosions in basements, crawl spaces, utility conduits, storm or sanitary sewers, vaults or other confined spaces; (d) the underground storage tank release does not threaten any surface water body; and (e) the underground storage tank release does not threaten any potable water supply.
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(ii) The owner or operator submits to the
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Agency a certification from a Licensed Professional Engineer that the work described in the approved corrective action plan has been completed and that the information presented in the corrective action completion report is accurate and complete.
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(2) Low Priority Site.
(A) Corrective action at a low priority site
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must include groundwater monitoring consistent with part (B) of this paragraph (2).
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(B) Prior to implementation of groundwater
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monitoring, the owner or operator shall prepare and submit to the Agency a groundwater monitoring plan and, if the owner or operator intends to seek payment under this Title, an associated budget which includes, at a minimum, all of the following:
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(i) Placement of groundwater monitoring
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wells at the property line, or at 200 feet from the excavation which ever is closer, designed to provide the greatest likelihood of detecting migration of groundwater contamination.
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(ii) Quarterly groundwater sampling for a
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period of one year, semi‑annual sampling for the second year and annual groundwater sampling for one subsequent year for all indicator contaminants identified during the groundwater investigation.
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(iii) The annual submittal to the Agency of
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a summary of groundwater sampling results.
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(C) If at any time groundwater sampling results
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indicate a confirmed exceedence of applicable indicator contaminant groundwater quality standards or groundwater objectives as a result of the underground storage tank release, the site may be reclassified as a High Priority Site by the Agency at any time before the Agency's final approval of a Low Priority groundwater monitoring completion report. Agency review and approval shall be in accordance with paragraph (4) of subsection (c) of this Section. If the owner or operator elects to appeal an Agency action to disapprove, modify, or reject by operation of law a Low Priority groundwater monitoring completion report, the Agency shall indicate to the Board in conjunction with such appeal whether it intends to reclassify the site as High Priority. If a site is reclassified as a High Priority Site, the owner or operator shall submit a corrective action plan and budget to the Agency within 120 days of the confirmed exceedence and shall initiate compliance with all corrective action requirements for a High Priority Site.
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(D) If, throughout the implementation of the
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groundwater monitoring plan, the groundwater sampling results do not confirm an exceedence of applicable indicator contaminant groundwater quality standards or groundwater objectives as a result of the underground storage tank release, the owner or operator shall submit to the Agency a certification of a Licensed Professional Engineer or Licensed Professional Geologist so stating.
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(E) Unless the Agency takes action under
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subsection (b)(2)(C) to reclassify a site as high priority, upon receipt of a certification by a Licensed Professional Engineer or Licensed Professional Geologist submitted pursuant to paragraph (2) of subsection (c) of this Section, the Agency shall issue to the owner or operator a no further remediation letter in accordance with Section 57.10.
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(3) No Further Action Site.
(A) No Further Action sites require no
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remediation beyond that required in Section 57.6 and subsection (a) of this Section if the owner or operator has submitted to the Agency a certification by a Licensed Professional Engineer or Licensed Professional Geologist that the site meets all of the criteria for classification as No Further Action in subsection (b) of this Section.
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(B) Unless the Agency takes action to reject or
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modify a site classification under subsection (b) of this Section or the site classification is rejected by operation of law under item (4)(B) of subsection (c) of this Section, upon receipt of a certification by a Licensed Professional Engineer or Licensed Professional Geologist submitted pursuant to part (A) of paragraph (3) of subsection (c) of this Section, the Agency shall issue to the owner or operator a no further remediation letter in accordance with Section 57.10.
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(4) Agency review and approval.
(A) Agency approval of any plan and associated
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budget, as described in this item (4), shall be considered final approval for purposes of seeking and obtaining payment from the Underground Storage Tank Fund if the costs associated with the completion of any such plan are less than or equal to the amounts approved in such budget.
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(B) In the event the Agency fails to approve,
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disapprove, or modify any plan or report submitted pursuant to this Title in writing within 120 days of the receipt by the Agency, the plan or report shall be considered to be rejected by operation of law for purposes of this Title and rejected for purposes of payment from the Underground Storage Tank Fund.
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(i) For purposes of those plans as
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identified in subparagraph (E) of this subsection (c)(4), the Agency's review may be an audit procedure. Such review or audit shall be consistent with the procedure for such review or audit as promulgated by the Board under item (7) of subsection (b) of Section 57.14. The Agency has the authority to establish an auditing program to verify compliance of such plans with the provisions of this Title.
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(ii) For purposes of those plans submitted
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pursuant to Part (E) (iii) of this paragraph (4) for which payment from the Fund is not being sought, the Agency need not take action on such plan until 120 days after it receives the corrective action completion report required under Section 57(c)(1)(D). In the event the Agency approved the plan, it shall proceed under the provisions of Section 57(c)(4).
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(C) In approving any plan submitted pursuant to
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Part (E) of this paragraph (4), the Agency shall determine, by a procedure promulgated by the Board under item (7) of subsection (b) of Section 57.14, that the costs associated with the plan are reasonable, will be incurred in the performance of corrective action, and will not be used for corrective action activities in excess of those required to meet the minimum requirements of this title.
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(D) For any plan or report received after the
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effective date of this amendatory Act of 1993, any action by the Agency to disapprove or modify a plan submitted pursuant to this Title shall be provided to the owner or operator in writing within 120 days of the receipt by the Agency or, in the case of a corrective action plan for which payment is not being sought, within 120 days of receipt of the corrective action completion report, and shall be accompanied by:
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(i) an explanation of the Sections of this
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Act which may be violated if the plans were approved;
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(ii) an explanation of the provisions of the
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regulations, promulgated under this Act, which may be violated if the plan were approved;
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(iii) an explanation of the specific type of
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information, if any, which the Agency deems the applicant did not provide the Agency; and
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(iv) a statement of specific reasons why the
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Act and the regulations might not be met if the plan were approved.
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Any action by the Agency to disapprove or modify
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a plan or report or the rejection of any plan or report by operation of law shall be subject to appeal to the Board in accordance with the procedures of Section 40. If the owner or operator elects to incorporate modifications required by the Agency rather than appeal, an amended plan shall be submitted to the Agency within 35 days of receipt of the Agency's written notification.
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(E) For purposes of this Title, the term "plan"
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(i) Any physical soil classification and
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groundwater investigation plan submitted pursuant to item (1)(A) of subsection (a) of this Section, or budget under item (2) of subsection (a) of this Section;
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(ii) Any groundwater monitoring plan or
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budget submitted pursuant to subsection (c)(2)(B) of this Section;
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(iii) Any corrective action plan submitted
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pursuant to subsection (c)(1)(A) of this Section; or
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(iv) Any corrective action plan budget
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submitted pursuant to subsection (c)(1)(B) of this Section.
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(d) For purposes of this Title, the term "indicator contaminant" shall mean,
unless and until the Board promulgates regulations to the contrary, the
following: (i) if an underground storage tank contains gasoline, the indicator
parameter shall be BTEX and Benzene; (ii) if the tank contained petroleum
products consisting of middle distillate or heavy ends, then the indicator
parameter shall be determined by a scan of PNA's taken from the location where
contamination is most likely to be present; and (iii) if the tank contained
used oil, then the indicator contaminant shall be those chemical constituents
which indicate the type of petroleum stored in an underground storage tank.
All references in this Title to groundwater objectives shall mean Class I
groundwater standards or objectives as applicable.
(e) (1) Notwithstanding the provisions of this Section,
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an owner or operator may proceed to conduct physical soil classification, groundwater investigation, site classification or other corrective action prior to the submittal or approval of an otherwise required plan. If the owner or operator elects to so proceed, an applicable plan shall be filed with the Agency at any time. Such plan shall detail the steps taken to determine the type of corrective action which was necessary at the site along with the corrective action taken or to be taken, in addition to costs associated with activities to date and anticipated costs.
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(2) Upon receipt of a plan submitted after
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activities have commenced at a site, the Agency shall proceed to review in the same manner as required under this Title. In the event the Agency disapproves all or part of the costs, the owner or operator may appeal such decision to the Board. The owner or operator shall not be eligible to be reimbursed for such disapproved costs unless and until the Board determines that such costs were eligible for payment.
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(Source: P.A. 88‑496; 88‑668, eff. 9‑16‑94; 89‑428, eff. 1‑1‑96; 89‑457, eff.
5‑22‑96; revised 1‑25‑02; 92‑735, eff. 7‑25‑02.)
|
(415 ILCS 5/57.8)
(Text of Section from P.A. 92‑554)
Sec. 57.8.
Underground Storage Tank Fund; payment; options for State payment;
deferred correction election to commence corrective action upon availability of
funds. If an owner or operator is eligible to access the Underground Storage
Tank Fund pursuant to an Office of State Fire Marshal eligibility/deductible
final determination letter issued in accordance with Section 57.9, the owner or
operator may submit a complete application for final or partial payment to the
Agency for activities taken in response to a confirmed release. An owner or
operator may submit a request for partial or final payment regarding a site no
more frequently than once every 90 days.
(a) Payment after completion of corrective action measures.
The owner or operator may submit an application for payment for
activities performed at a site after completion of the requirements of Sections
57.6 and 57.7, or after completion of any other required activities at the
underground storage tank site.
(1) In the case of any approved plan and budget for |
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which payment is being sought, the Agency shall make a payment determination within 120 days of receipt of the application. Such determination shall be considered a final decision. The Agency's review shall be limited to generally accepted auditing and accounting practices. In no case shall the Agency conduct additional review of any plan which was completed within the budget, beyond auditing for adherence to the corrective action measures in the proposal. If the Agency fails to approve the payment application within 120 days, such application shall be deemed approved by operation of law and the Agency shall proceed to reimburse the owner or operator the amount requested in the payment application. However, in no event shall the Agency reimburse the owner or operator an amount greater than the amount approved in the plan.
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(2) If sufficient funds are available in the
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Underground Storage Tank Fund, the Agency shall, within 60 days, forward to the Office of the State Comptroller a voucher in the amount approved under the payment application.
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(3) In the case of insufficient funds, the Agency
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shall form a priority list for payment and shall notify persons in such priority list monthly of the availability of funds and when payment shall be made. Payment shall be made to the owner or operator at such time as sufficient funds become available for the costs associated with site investigation and corrective action and costs expended for activities performed where no proposal is required, if applicable. Such priority list shall be available to any owner or operator upon request. Priority for payment shall be determined by the date the Agency receives a complete request for partial or final payment. Upon receipt of notification from the Agency that the requirements of this Title have been met, the Comptroller shall make payment to the owner or operator of the amount approved by the Agency, if sufficient money exists in the Fund. If there is insufficient money in the Fund, then payment shall not be made. If the owner or operator appeals a final Agency payment determination and it is determined that the owner or operator is eligible for payment or additional payment, the priority date for the payment or additional payment shall be the same as the priority date assigned to the original request for partial or final payment.
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(4) Any deductible, as determined pursuant to the
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Office of the State Fire Marshal's eligibility and deductibility final determination in accordance with Section 57.9, shall be subtracted from any payment invoice paid to an eligible owner or operator. Only one deductible shall apply per underground storage tank site.
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(5) In the event that costs are or will be incurred
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in addition to those approved by the Agency, or after payment, the owner or operator may submit successive plans containing amended budgets. The requirements of Section 57.7 shall apply to any amended plans.
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(6) For purposes of this Section, a complete
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application shall consist of:
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(A) A certification from a Licensed Professional
|
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Engineer as required under this Title and acknowledged by the owner or operator.
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(B) A statement of the amounts approved in the
|
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budget and the amounts actually sought for payment along with a certified statement by the owner or operator that the amounts so sought were expended in conformance with the approved budget.
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(C) A copy of the Office of the State Fire
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Marshal's eligibility and deductibility determination.
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(D) Proof that approval of the payment requested
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will not result in the limitations set forth in subsection (g) of this Section being exceeded.
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(E) A federal taxpayer identification number and
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legal status disclosure certification on a form prescribed and provided by the Agency.
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(b) Commencement of site investigation or corrective action upon
availability of funds.
The Board shall adopt regulations setting forth procedures based on risk to
human health or the environment under which the owner or operator who has
received approval for any budget plan submitted pursuant to Section
57.7, and who is eligible for payment from the Underground Storage Tank Fund
pursuant to an Office of the State Fire Marshal eligibility and deductibility
determination, may elect to defer site investigation or corrective action activities until funds are available
in
an amount equal to the amount approved in the budget. The regulations
shall establish criteria based on risk to human health or the environment to be
used for determining on a site‑by‑site basis whether deferral is appropriate.
The regulations also shall establish the minimum investigatory requirements for
determining whether the risk based criteria are present at a site considering
deferral and procedures for the notification of owners or operators of
insufficient funds, Agency review of request for deferral, notification of
Agency final decisions, returning deferred sites to active status, and
earmarking of funds for payment.
(c) When the owner or operator requests indemnification for payment of costs
incurred as a result of a release of petroleum from an underground storage
tank, if the owner or operator has satisfied the requirements of subsection (a)
of this Section, the Agency shall forward a copy of the request to the Attorney
General. The Attorney General shall review and approve the request for
indemnification if:
(1) there is a legally enforceable judgment entered
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against the owner or operator and such judgment was entered due to harm caused by a release of petroleum from an underground storage tank and such judgment was not entered as a result of fraud; or
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(2) a settlement with a third party due to a release
|
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of petroleum from an underground storage tank is reasonable.
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(d) Notwithstanding any other provision of this Title, the Agency shall not
approve payment to an owner or operator from the Fund for costs of corrective
action or indemnification incurred during a calendar year in excess of the
following aggregate amounts based on the number of petroleum underground
storage tanks owned or operated by such owner or operator in Illinois.
Amount
Number of Tanks
$2,000,000 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
fewer than 101
$3,000,000 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
101 or more
(1) Costs incurred in excess of the aggregate
|
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amounts set forth in paragraph (1) of this subsection shall not be eligible for payment in subsequent years.
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(2) For purposes of this subsection, requests
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|
submitted by any of the agencies, departments, boards, committees or commissions of the State of Illinois shall be acted upon as claims from a single owner or operator.
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(3) For purposes of this subsection, owner or
|
|
operator includes (i) any subsidiary, parent, or joint stock company of the owner or operator and (ii) any company owned by any parent, subsidiary, or joint stock company of the owner or operator.
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(e) Costs of corrective action or indemnification incurred by an owner or
operator which have been paid to an owner or operator under a policy of
insurance, another written agreement, or a court order are not eligible for
payment under this Section. An owner or operator who receives payment under a
policy of insurance, another written agreement, or a court order shall
reimburse the State to the extent such payment covers costs for which payment
was received from the Fund. Any monies received by the State under this
subsection (e) shall be deposited into the Fund.
(f) Until the Board adopts regulations pursuant to Section 57.14, handling
charges are eligible for payment only if they are equal to or less than the
amount determined by the following table:
Subcontract or field Eligible Handling Charges
Purchase Cost as a Percentage of Cost
$0 ‑ $5,000 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
12%
$5,001 ‑ $15,000 . . . . . . . . . . . . . .
$600+10% of amt. over $5,000
$15,001 ‑ $50,000 . . . . . . . . . . . .
$1600+8% of amt. over $15,000
$50,001 ‑ $100,000 . . . . . . . . . . .
$4400+5% of amt. over $50,000
$100,001 ‑ $1,000,000 . . . . . . .
$6900+2% of amt. over $100,000
(g) The Agency shall not approve any payment from the Fund to pay an owner
or operator:
(1) for costs of corrective action incurred by such
|
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owner or operator in an amount in excess of $1,500,000 per occurrence; and
|
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(2) for costs of indemnification of such owner or
|
|
operator in an amount in excess of $1,500,000 per occurrence.
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(h) Payment of any amount from the Fund for corrective action or
indemnification shall be subject to the State acquiring by subrogation the
rights of any owner, operator, or other person to recover the costs of
corrective action or indemnification for which the Fund has compensated such
owner, operator, or person from the person responsible or liable for the
release.
(i) If the Agency refuses to pay or authorizes only
a partial payment, the affected owner or operator may petition the Board for a
hearing in the manner provided for the review of permit decisions in Section 40
of this Act.
(j) Costs of corrective action or indemnification incurred by an owner or
operator prior to July 28, 1989, shall not be eligible for payment or
reimbursement under this Section.
(k) The Agency shall not pay costs of corrective action or
indemnification incurred before providing notification of the release of
petroleum in accordance with the provisions of this Title.
(l) Corrective action does not include legal defense costs. Legal defense
costs include legal costs for seeking payment under this Title unless the owner
or operator prevails before the Board in which case the Board may authorize
payment of legal fees.
(m) The Agency may apportion payment of costs for plans submitted under
Section 57.7 if:
(1) the owner or operator was deemed eligible to
|
|
access the Fund for payment of corrective action costs for some, but not all, of the underground storage tanks at the site; and
|
|
(2) the owner or operator failed to justify all
|
|
costs attributable to each underground storage tank at the site.
|
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(n) The Agency shall not pay costs associated with a corrective action
plan incurred after the Agency provides
notification to the owner or operator pursuant to item (7) of subsection (b) of
Section 57.7 that a revised corrective action plan
is required. Costs associated with any subsequently approved corrective action
plan shall be eligible for reimbursement if they
meet the requirements of this Title.
(Source: P.A. 91‑357, eff. 7‑29‑99; 92‑554, eff. 6‑24‑02.)
(Text of Section from P.A. 92‑574)
Sec. 57.8.
Underground Storage Tank Fund; payment; options for State payment;
deferred correction election to commence corrective action upon availability of
funds. If an owner or operator is eligible to access the Underground Storage
Tank Fund pursuant to an Office of State Fire Marshal eligibility/deductible
final determination letter issued in accordance with Section 57.9, the owner or
operator may submit a complete application for final or partial payment to the
Agency for activities taken in response to a confirmed release. An owner or
operator may submit a request for partial or final payment regarding a site no
more frequently than once every 90 days.
(a) Payment after completion of corrective action measures.
The owner or operator may submit an application for payment for
activities performed at a site after completion of the requirements of Sections
57.6 and 57.7, or after completion of any other required activities at the
underground storage tank site.
(1) In the case of any approved plan and budget for
|
|
which payment is being sought, the Agency shall make a payment determination within 120 days of receipt of the application. Such determination shall be considered a final decision. The Agency's review shall be limited to generally accepted auditing and accounting practices. In no case shall the Agency conduct additional review of any plan which was completed within the budget, beyond auditing for adherence to the corrective action measures in the proposal. If the Agency fails to approve the payment application within 120 days, such application shall be deemed approved by operation of law and the Agency shall proceed to reimburse the owner or operator the amount requested in the payment application. However, in no event shall the Agency reimburse the owner or operator an amount greater than the amount approved in the plan.
|
|
(2) If sufficient funds are available in the
|
|
Underground Storage Tank Fund, the Agency shall, within 60 days, forward to the Office of the State Comptroller a voucher in the amount approved under the payment application.
|
|
(3) In the case of insufficient funds, the Agency
|
|
shall form a priority list for payment and shall notify persons in such priority list monthly of the availability of funds and when payment shall be made. Payment shall be made to the owner or operator at such time as sufficient funds become available for the costs associated with corrective action and costs expended for activities performed where no proposal is required, if applicable. Such priority list shall be available to any owner or operator upon request. Priority for payment shall be determined by the date the Agency receives a complete request for partial or final payment. Upon receipt of notification from the Agency that the requirements of this Title have been met, the Comptroller shall make payment to the owner or operator of the amount approved by the Agency, if sufficient money exists in the Fund. If there is insufficient money in the Fund, then payment shall not be made. If the owner or operator appeals a final Agency payment determination and it is determined that the owner or operator is eligible for payment or additional payment, the priority date for the payment or additional payment shall be the same as the priority date assigned to the original request for partial or final payment.
|
|
(4) Any deductible, as determined pursuant to the
|
|
Office of the State Fire Marshal's eligibility and deductibility final determination in accordance with Section 57.9, shall be subtracted from any payment invoice paid to an eligible owner or operator. Only one deductible shall apply per underground storage tank site.
|
|
(5) In the event that costs are or will be incurred
|
|
in addition to those approved by the Agency, or after payment, the owner or operator may submit successive plans containing amended budgets. The requirements of Section 57.7 shall apply to any amended plans.
|
|
(6) For purposes of this Section, a complete
|
|
application shall consist of:
|
|
(A) A certification from a Licensed Professional
|
|
Engineer as required under this Title and acknowledged by the owner or operator.
|
|
(B) A statement of the amount approved in the
|
|
plan and the amount actually sought for payment along with a certified statement that the amount so sought shall be expended in conformance with the approved budget.
|
|
(C) A copy of the Office of the State Fire
|
|
Marshal's eligibility and deductibility determination.
|
|
(D) Proof that approval of the payment requested
|
|
will not result in the limitations set forth in subsection (g) of this Section being exceeded.
|
|
(E) A federal taxpayer identification number and
|
|
legal status disclosure certification on a form prescribed and provided by the Agency.
|
|
(b) Commencement of corrective action upon availability of funds.
The Board shall adopt regulations setting forth procedures based on risk to
human health or the environment under which the owner or operator who has received approval for any budget plan submitted pursuant to Section
57.7, and who is eligible for payment from the Underground Storage Tank Fund
pursuant to an Office of the State Fire Marshal eligibility and deductibility
determination, may elect to defer site classification, low priority
groundwater monitoring, or remediation activities until funds are available in
an amount equal to the amount approved in the budget plan. The regulations
shall establish criteria based on risk to human health or the environment to be
used for determining on a site‑by‑site basis whether deferral is appropriate.
The regulations also shall establish the minimum investigatory requirements for
determining whether the risk based criteria are present at a site considering
deferral and procedures for the notification of owners or operators of
insufficient funds, Agency review of request for deferral, notification of
Agency final decisions, returning deferred sites to active status, and
earmarking of funds for payment.
(c) When the owner or operator requests indemnification for payment of costs
incurred as a result of a release of petroleum from an underground storage
tank, if the owner or operator has satisfied the requirements of subsection (a)
of this Section, the Agency shall forward a copy of the request to the Attorney
General. The Attorney General shall review and approve the request for
indemnification if:
(1) there is a legally enforceable judgment entered
|
|
against the owner or operator and such judgment was entered due to harm caused by a release of petroleum from an underground storage tank and such judgment was not entered as a result of fraud; or
|
|
(2) a settlement with a third party due to a release
|
|
of petroleum from an underground storage tank is reasonable.
|
|
(d) Notwithstanding any other provision of this Title, the Agency shall not
approve payment to an owner or operator from the Fund for costs of corrective
action or indemnification incurred during a calendar year in excess of the
following aggregate amounts based on the number of petroleum underground
storage tanks owned or operated by such owner or operator in Illinois.
Amount
Number of Tanks
$1,000,000 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
fewer than 101
$2,000,000 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
101 or more
(1) Costs incurred in excess of the aggregate
|
|
amounts set forth in paragraph (1) of this subsection shall not be eligible for payment in subsequent years.
|
|
(2) For purposes of this subsection, requests
|
|
submitted by any of the agencies, departments, boards, committees or commissions of the State of Illinois shall be acted upon as claims from a single owner or operator.
|
|
(3) For purposes of this subsection, owner or
|
|
operator includes (i) any subsidiary, parent, or joint stock company of the owner or operator and (ii) any company owned by any parent, subsidiary, or joint stock company of the owner or operator.
|
|
(e) Costs of corrective action or indemnification incurred by an owner or
operator which have been paid to an owner or operator under a policy of
insurance, another written agreement, or a court order are not eligible for
payment under this Section. An owner or operator who receives payment under a
policy of insurance, another written agreement, or a court order shall
reimburse the State to the extent such payment covers costs for which payment
was received from the Fund. Any monies received by the State under this
subsection (e) shall be deposited into the Fund.
(f) (Blank.)
(g) The Agency shall not approve any payment from the Fund to pay an owner
or operator:
(1) for costs of corrective action incurred by such
|
|
owner or operator in an amount in excess of $1,000,000 per occurrence; and
|
|
(2) for costs of indemnification of such owner or
|
|
operator in an amount in excess of $1,000,000 per occurrence.
|
|
(h) Payment of any amount from the Fund for corrective action or
indemnification shall be subject to the State acquiring by subrogation the
rights of any owner, operator, or other person to recover the costs of
corrective action or indemnification for which the Fund has compensated such
owner, operator, or person from the person responsible or liable for the
release.
(i) If the Agency refuses to pay or authorizes only
a partial payment, the affected owner or operator may petition the Board for a
hearing in the manner provided for the review of permit decisions in Section 40
of this Act.
(j) Costs of corrective action or indemnification incurred by an owner or
operator prior to July 28, 1989, shall not be eligible for payment or
reimbursement under this Section.
(k) The Agency shall not pay costs of corrective action or
indemnification incurred before providing notification of the release of
petroleum in accordance with the provisions of this Title.
(l) Corrective action does not include legal defense costs. Legal defense
costs include legal costs for seeking payment under this Title unless the owner
or operator prevails before the Board in which case the Board may authorize
payment of legal fees.
(m) The Agency may apportion payment of costs for plans submitted under
Section 57.7(c)(4)(E)(iii) if:
(1) the owner or operator was deemed eligible to
|
|
access the Fund for payment of corrective action costs for some, but not all, of the underground storage tanks at the site; and
|
|
(2) the owner or operator failed to justify all
|
|
costs attributable to each underground storage tank at the site.
|
|
(Source: P.A. 91‑357, eff. 7‑29‑99; 92‑574, eff. 6‑26‑02.)
(Text of Section from P.A. 92‑735)
Sec. 57.8.
Underground Storage Tank Fund; payment; options for State payment;
deferred correction election to commence corrective action upon availability of
funds. If an owner or operator is eligible to access the Underground Storage
Tank Fund pursuant to an Office of State Fire Marshal eligibility/deductible
final determination letter issued in accordance with Section 57.9, the owner or
operator may submit a complete application for final or partial payment to the
Agency for activities taken in response to a confirmed release. An owner or
operator may submit a request for partial or final payment regarding a site no
more frequently than once every 90 days.
(a) Payment after completion of corrective action measures.
The owner or operator may submit an application for payment for
activities performed at a site after completion of the requirements of Sections
57.6 and 57.7, or after completion of any other required activities at the
underground storage tank site.
(1) In the case of any approved plan and budget for
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which payment is being sought, the Agency shall make a payment determination within 120 days of receipt of the application. Such determination shall be considered a final decision. The Agency's review shall be limited to generally accepted auditing and accounting practices. In no case shall the Agency conduct additional review of any plan which was completed within the budget, beyond auditing for adherence to the corrective action measures in the proposal. If the Agency fails to approve the payment application within 120 days, such application shall be deemed approved by operation of law and the Agency shall proceed to reimburse the owner or operator the amount requested in the payment application. However, in no event shall the Agency reimburse the owner or operator an amount greater than the amount approved in the plan.
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(2) If sufficient funds are available in the
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Underground Storage Tank Fund, the Agency shall, within 60 days, forward to the Office of the State Comptroller a voucher in the amount approved under the payment application.
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(3) In the case of insufficient funds, the Agency
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shall form a priority list for payment and shall notify persons in such priority list monthly of the availability of funds and when payment shall be made. Payment shall be made to the owner or operator at such time as sufficient funds become available for the costs associated with corrective action and costs expended for activities performed where no proposal is required, if applicable. Such priority list shall be available to any owner or operator upon request. Priority for payment shall be determined by the date the Agency receives a complete request for partial or final payment. Upon receipt of notification from the Agency that the requirements of this Title have been met, the Comptroller shall make payment to the owner or operator of the amount approved by the Agency, if sufficient money exists in the Fund. If there is insufficient money in the Fund, then payment shall not be made. If the owner or operator appeals a final Agency payment determination and it is determined that the owner or operator is eligible for payment or additional payment, the priority date for the payment or additional payment shall be the same as the priority date assigned to the original request for partial or final payment.
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(4) Any deductible, as determined pursuant to the
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Office of the State Fire Marshal's eligibility and deductibility final determination in accordance with Section 57.9, shall be subtracted from any payment invoice paid to an eligible owner or operator. Only one deductible shall apply per underground storage tank site.
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(5) In the event that costs are or will be incurred
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in addition to those approved by the Agency, or after payment, the owner or operator may submit successive plans containing amended budgets. The requirements of Section 57.7 shall apply to any amended plans.
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(6) For purposes of this Section, a complete
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application shall consist of:
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(A) A certification from a Licensed Professional
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Engineer or Licensed Professional Geologist as required under this Title and acknowledged by the owner or operator.
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(B) A statement of the amount approved in the
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plan and the amount actually sought for payment along with a certified statement that the amount so sought shall be expended in conformance with the approved budget.
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(C) A copy of the Office of the State Fire
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Marshal's eligibility and deductibility determination.
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(D) Proof that approval of the payment requested
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will not result in the limitations set forth in subsection (g) of this Section being exceeded.
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(E) A federal taxpayer identification number and
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legal status disclosure certification on a form prescribed and provided by the Agency.
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(b) Commencement of corrective action upon availability of funds.
The Board shall adopt regulations setting forth procedures based on risk to
human health or the environment under which the owner or operator who has received approval for any budget plan submitted pursuant to Section
57.7, and who is eligible for payment from the Underground Storage Tank Fund
pursuant to an Office of the State Fire Marshal eligibility and deductibility
determination, may elect to defer site classification, low priority
groundwater monitoring, or remediation activities until funds are available in
an amount equal to the amount approved in the budget plan. The regulations
shall establish criteria based on risk to human health or the environment to be
used for determining on a site‑by‑site basis whether deferral is appropriate.
The regulations also shall establish the minimum investigatory requirements for
determining whether the risk based criteria are present at a site considering
deferral and procedures for the notification of owners or operators of
insufficient funds, Agency review of request for deferral, notification of
Agency final decisions, returning deferred sites to active status, and
earmarking of funds for payment.
(c) When the owner or operator requests indemnification for payment of costs
incurred as a result of a release of petroleum from an underground storage
tank, if the owner or operator has satisfied the requirements of subsection (a)
of this Section, the Agency shall forward a copy of the request to the Attorney
General. The Attorney General shall review and approve the request for
indemnification if:
(1) there is a legally enforceable judgment entered
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against the owner or operator and such judgment was entered due to harm caused by a release of petroleum from an underground storage tank and such judgment was not entered as a result of fraud; or
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(2) a settlement with a third party due to a release
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of petroleum from an underground storage tank is reasonable.
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(d) Notwithstanding any other provision of this Title, the Agency shall not
approve payment to an owner or operator from the Fund for costs of corrective
action or indemnification incurred during a calendar year in excess of the
following aggregate amounts based on the number of petroleum underground
storage tanks owned or operated by such owner or operator in Illinois.
Amount
Number of Tanks
$1,000,000 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
fewer than 101
$2,000,000 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
101 or more
(1) Costs incurred in excess of the aggregate
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amounts set forth in paragraph (1) of this subsection shall not be eligible for payment in subsequent years.
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(2) For purposes of this subsection, requests
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submitted by any of the agencies, departments, boards, committees or commissions of the State of Illinois shall be acted upon as claims from a single owner or operator.
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(3) For purposes of this subsection, owner or
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operator includes (i) any subsidiary, parent, or joint stock company of the owner or operator and (ii) any company owned by any parent, subsidiary, or joint stock company of the owner or operator.
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(e) Costs of corrective action or indemnification incurred by an owner or
operator which have been paid to an owner or operator under a policy of
insurance, another written agreement, or a court order are not eligible for
payment under this Section. An owner or operator who receives payment under a
policy of insurance, another written agreement, or a court order shall
reimburse the State to the extent such payment covers costs for which payment
was received from the Fund. Any monies received by the State under this
subsection (e) shall be deposited into the Fund.
(f) Until the Board adopts regulations pursuant to Section 57.14, handling
charges are eligible for payment only if they are equal to or less than the
amount determined by the following table:
Subcontract or field Eligible Handling Charges
Purchase Cost as a Percentage of Cost
$0 ‑ $5,000 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
12%
$5,001 ‑ $15,000 . . . . . . . . . . . . . .
$600+10% of amt. over $5,000
$15,001 ‑ $50,000 . . . . . . . . . . . .
$1600+8% of amt. over $15,000
$50,001 ‑ $100,000 . . . . . . . . . . .
$4400+5% of amt. over $50,000
$100,001 ‑ $1,000,000 . . . . . . .
$6900+2% of amt. over $100,000
(g) The Agency shall not approve any payment from the Fund to pay an owner
or operator:
(1) for costs of corrective action incurred by such
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owner or operator in an amount in excess of $1,000,000 per occurrence; and
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(2) for costs of indemnification of such owner or
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operator in an amount in excess of $1,000,000 per occurrence.
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(h) Payment of any amount from the Fund for corrective action or
indemnification shall be subject to the State acquiring by subrogation the
rights of any owner, operator, or other person to recover the costs of
corrective action or indemnification for which the Fund has compensated such
owner, operator, or person from the person responsible or liable for the
release.
(i) If the Agency refuses to pay or authorizes only
a partial payment, the affected owner or operator may petition the Board for a
hearing in the manner provided for the review of permit decisions in Section 40
of this Act.
(j) Costs of corrective action or indemnification incurred by an owner or
operator prior to July 28, 1989, shall not be eligible for payment or
reimbursement under this Section.
(k) The Agency shall not pay costs of corrective action or
indemnification incurred before providing notification of the release of
petroleum in accordance with the provisions of this Title.
(l) Corrective action does not include legal defense costs. Legal defense
costs include legal costs for seeking payment under this Title unless the owner
or operator prevails before the Board in which case the Board may authorize
payment of legal fees.
(m) The Agency may apportion payment of costs for plans submitted under
Section 57.7(c)(4)(E)(iii) if:
(1) the owner or operator was deemed eligible to
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access the Fund for payment of corrective action costs for some, but not all, of the underground storage tanks at the site; and
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(2) the owner or operator failed to justify all
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costs attributable to each underground storage tank at the site.
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(Source: P.A. 91‑357, eff. 7‑29‑99; 92‑735, eff. 7‑25‑02 .)
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(415 ILCS 5/57.12A)
Sec. 57.12A.
Lender liability; definitions.
(a) Notwithstanding any other provision or rule of law, the term "owner"
or "operator" does not include a holder who, without participating in the
management of a facility, underground storage tank, or underground storage tank
system, holds any indicia of ownership primarily to protect its
security interest in the facility, underground storage tank, or underground
storage tank system.
(b) As used in this Section, and notwithstanding any other provision or rule
of law:
(1) "Underground Storage Tank technical standards" |
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refers to the underground storage tank preventative and operating requirements under the rules promulgated under subsection (a) of Section 57.1 of this Title.
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(2) Petroleum production, refining, and marketing.
(A) "Petroleum production" means the production
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of crude oil or other forms of petroleum as well as the production of petroleum products from purchased materials.
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(B) "Petroleum refining" means the cracking,
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distillation, separation, conversion, upgrading, and finishing of refined petroleum or petroleum products.
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(C) "Petroleum marketing" means the
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distribution, transfer, or sale of petroleum or petroleum products for wholesale or retail purposes.
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(3) "Indicia of ownership" means evidence of a
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secured interest, evidence of an interest in a security interest, or evidence of an interest in real or personal property securing a loan or other obligation, including any legal or equitable title to real or personal property acquired incident to foreclosure or its equivalents. Evidence of such interests includes, but is not limited to, mortgages, deeds of trust, liens, surety bonds, and guarantees of obligations, title held pursuant to a lease financing transaction in which the lessor does not select initially the leased property (lease financing transaction), legal or equitable title obtained pursuant to foreclosure, and their equivalents. Evidence of such interests also includes assignments, pledges, or other rights to or other forms of encumbrance against property that are held primarily to protect a security interest. A person is not required to hold title or a security interest in order to maintain indicia of ownership.
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(4) A "holder" is a person who maintains indicia of
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ownership (as defined in item (3) of subsection (b)) primarily to protect a security interest (as defined in item (6)(A) of subsection (b)) in a petroleum underground storage tank or underground storage tank system. "Holder" includes the initial holder; any subsequent holder; a guarantor of an obligation; a surety; any other person who holds ownership indicia primarily to protect a security interest; or a receiver or other person who acts on behalf or for the benefit of a holder.
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(5) A "borrower", "debtor", or "obligor" is a person
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whose underground storage tank or underground storage tank system is encumbered by a security interest. These terms may be used interchangeably.
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(6) "Primarily to protect a security interest" means
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that the holder's indicia of ownership are held primarily for the purpose of securing payment or performance of an obligation.
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(A) "Security interest" means an interest in a
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petroleum underground storage tank or underground storage tank system or in the facility or property on which the underground storage tank or underground storage tank system is located, created, or established for the purpose of securing a loan or other obligation. Security interests include but are not limited to mortgages, deeds of trusts, liens, and title pursuant to lease financing transactions. Security interests may also arise from transactions such as sale and leasebacks, conditional sales, installment sales, trust receipt transactions, certain assignments, factoring agreements, accounts receivable financing arrangements, and consignments, if the transaction creates or establishes an interest in an underground storage tank or underground storage tank system or in the facility or property on which the underground storage tank or underground storage tank system is located, for the purpose of securing a loan or other obligation.
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(B) "Primarily to protect a security interest",
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as used in this Section, does not include indicia of ownership held primarily for investment purposes, nor ownership indicia held primarily for purposes other than as protection for a security interest. A holder may have other, secondary reasons for maintaining indicia of ownership, but the primary reason why ownership indicia are held must be as protection for a security interest.
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(c) Participation in management.
The term "participating in the management
of an underground storage tank or underground storage tank system" means that
the holder is engaging in acts of petroleum underground storage tank or
underground storage tank system management, as defined herein.
(1) Actions that are participation in management
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Participation in the management of an underground
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storage tank or underground storage tank system means, for purposes of this Section, actual participation in the management or control of decision making related to the underground storage tank or underground storage tank system by the holder and does not include the mere capacity or ability to influence or the unexercised right to control underground storage tank or underground storage tank system operations. A holder is participating in management, while the borrower is still in possession of the underground storage tank or underground storage tank system encumbered by the security interest, only if the holder either:
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(A) exercises decision making control over the
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borrower's environmental compliance, such that the holder has undertaken responsibility for the borrower's underground storage tank or underground storage tank system management; or
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(B) exercises control at a level comparable to
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that of a manager of the borrower's enterprise, such that the holder has assumed or manifested responsibility for the overall management of the enterprise encompassing the day‑to‑day decision making of the enterprise with respect to (i) environmental compliance, or (ii) all, or substantially all, of the operational (as opposed to financial or administrative) aspects of the enterprise other than environmental compliance.
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(2) Actions that are not participation in management
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(A) Actions at the inception of the loan or other
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transaction. No act or omission prior to the time that indicia of ownership are held primarily to protect a security interest constitutes evidence of participation in management within the meaning of this Section. A prospective holder who undertakes or requires an environmental investigation of the underground storage tank or underground storage tank system in which indicia of ownership are to be held or requires a prospective borrower to clean up contamination from the underground storage tank or underground storage tank system or to comply or come into compliance with any applicable law or regulation is not by that action considered to be participating in the management of the underground storage tank or underground storage tank system.
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(B) Loan policing and workout. Actions that are
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consistent with holding ownership indicia primarily to protect a security interest do not constitute participation in management for purposes of this Section. The authority for the holder to take such actions may, but need not, be contained in contractual or other documents specifying requirements for financial, environmental, and other warranties, covenants, conditions, representations, or promises from the borrower. Loan policing and workout activities cover and include all such activities up to foreclosure or its equivalents, exclusive of any activities that constitute participation in management.
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(i) Policing the security interest or loan. A
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holder who engages in policing activities prior to foreclosure shall remain within the exemption provided that the holder does not by such actions participate in the management of the underground storage tank or underground storage tank system as provided in item (1) of subsection (c). Such actions include, but are not limited to, requiring the borrower to clean up contamination from the underground storage tank or underground storage tank system during the term of the security interest; requiring the borrower to comply or come into compliance with applicable federal, State, and local environmental and other laws, rules, and regulations during the term of the security interest; securing or exercising authority to monitor or inspect the underground storage tank or underground storage tank system in which indicia of ownership are maintained or the borrower's business or financial condition during the term of the security interest; or taking other actions to adequately police the loan or security interest (such as requiring a borrower to comply with any warranties, covenants, conditions, representation, or promises from the borrower).
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(ii) Loan workout. A holder who engages in
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workout activities prior to foreclosure or its equivalents will remain within the exemption of this Section provided that the holder does not by such action participate in the management of the underground storage tank or underground storage tank system as provided in item (1) of subsection (c). For purposes of this Section, "workout" refers to those actions by which a holder, at any time prior to foreclosure or its equivalents, seeks to prevent, cure, or mitigate a default by the borrower or obligor; or to preserve, or prevent the diminution of, the value of the security. Workout activities include, but are not limited to, restructuring or renegotiating the terms of the security interest; requiring payment of additional rent or interest; exercising forbearance; requiring or exercising rights under an assignment of accounts or other amounts owing to an obligor; requiring or exercising rights under an escrow agreement pertaining to amounts owing to an obligor; providing specific or general financial or other advice, suggestions, counseling, or guidance; and exercising any right or remedy the holder is entitled to by law or under any warranties, covenants, conditions, representations, or promises from the borrower.
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(3) Foreclosure on an underground storage tank or
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underground storage tank system and participation in management activities; post‑foreclosure.
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(A) Foreclosure. Indicia of ownership that are
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held primarily to protect a security interest include legal or equitable title acquired through or incident to foreclosure or its equivalents. For purposes of this Section, the term foreclosure or its equivalents includes purchase at foreclosure sale; acquisition or assignment of title in lieu of foreclosure; termination of a lease or other repossession; acquisition of a right to title or possession; an agreement in satisfaction of the obligation; or any other formal or informal manner by which the holder acquires title to or possession of the secured underground storage tank or underground storage tank system. The indicia of ownership held after foreclosure continues to be maintained primarily as protection for a security interest provided that the holder undertakes to sell, re‑lease an underground storage tank or underground storage tank system held pursuant to a lease financing transaction, or otherwise divest itself or the underground storage tank or underground storage tank system in a reasonably expeditious manner, using whatever commercially reasonable means are relevant or appropriate with respect to the underground storage tank or underground storage tank system, taking all facts and circumstances into consideration, and provided that the holder did not participate in management, as defined in item (1) of subsection (c), prior to foreclosure or its equivalents. For purposes of establishing that a holder is seeking to sell, re‑lease an underground storage tank or underground storage tank system held pursuant to a lease financing transaction, or divest an underground storage tank or underground storage tank system in a reasonably expeditious manner, the holder may use whatever commercially reasonable means as are relevant or appropriate with respect to the underground storage tank or underground storage tank system, or may employ the means specified in item (3)(B) of subsection (c). A holder that outbids, rejects, or fails to act upon a written bona fide, firm offer of fair consideration for the underground storage tank or underground storage tank system, as provided in item (3)(B) of subsection (b), is not considered to hold indicia of ownership primarily to protect a security interest.
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(B) Holding foreclosed property for disposition and
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liquidation. A holder who did not participate in management prior to foreclosure or its equivalents may sell, re‑lease an underground storage tank or underground storage tank system held pursuant to a lease financing transaction, liquidate, wind up operations, and take measures to preserve, protect, or prepare the secured underground storage tank or underground storage tank system prior to sale or other disposition. The holder may conduct these activities without voiding the exemption, subject to the requirements of this Section.
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(i) A holder establishes that the ownership
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indicia maintained following foreclosure or its equivalents continue to be held primarily to protect a security interest by listing, within 12 months from the time that the holder acquires marketable title, the underground storage tank or underground storage tank system or the facility or property on which the underground storage tank or underground storage tank system is located, with a broker, dealer, or agent who deals with the type of property in question or by advertising the underground storage tank or underground storage tank system as being for sale or disposition on at least a monthly basis in either a real estate publication or a trade or other publication suitable for the underground storage tank or underground storage tank system in question, or a newspaper of general circulation (defined as one with a circulation over 10,000, or one suitable under any applicable federal, State, or local rules of court for publication required by court order or rules of civil procedure) covering the area in which the underground storage tank or underground storage tank system is located.
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If the holder fails to act diligently to acquire
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marketable title, the 12 month period begins to run on the date of the judgment of foreclosure or its equivalents.
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(ii) A holder that outbids, rejects, or fails to
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act upon an offer of fair consideration for the underground storage tank or underground storage tank system or the facility or property on which the underground storage tank or underground storage tank system is located establishes by such outbidding, rejection, or failure to act, that the ownership indicia in the secured underground storage tank or underground storage tank system are not held primarily to protect the security interest, unless the holder is required, in order to avoid liability under federal or State law, to make a higher bid, to obtain a higher offer, or to seek or obtain an offer in a different manner.
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(A) "Fair consideration", in the case of a holder
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maintaining indicia of ownership primarily to protect a senior security interest in the underground storage tank or underground storage tank system, is the value of the security interest as defined in this item (3)(B)(iii)(A) of subsection (c). The value of the security interest is calculated as an amount equal to or in excess of the sum of the outstanding principal, or comparable amount in the case of a lease that constitutes a security interest, owed to the holder immediately preceding the acquisition of full title (or possession in the case of an underground storage tank or underground storage tank system subject to a lease financing transaction) pursuant to foreclosure or its equivalents, plus any unpaid interest, rent, or penalties (whether arising before or after foreclosure or its equivalents), plus all reasonable and necessary costs, fees, or other charges incurred by the holder incident to workout, foreclosure or its equivalent, retention, preserving, protecting, and preparing the underground storage tank or underground storage tank system prior to sale, re‑lease of an underground storage tank or underground storage tank system held pursuant to a lease financing transaction or other disposition plus environmental investigation and corrective action costs incurred under any federal, State or local rule or regulation less any amounts received by the holder in connection with any partial disposition of the property and any amounts paid by the borrower subsequent to the acquisition of full title (or possession in the case of an underground storage tank or underground storage tank system subject to a lease financing transaction) pursuant to foreclosure or its equivalents. In the case of a holder maintaining indicia of ownership primarily to protect a junior security interest, fair consideration is the value of all outstanding higher priority security interests plus the value of the security interest held by the junior holder, each calculated as set forth in the preceding sentence.
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(B) "Outbids, rejects, or fails to act upon an offer
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of fair consideration" means that the holder outbids, rejects, or fails to act upon within 90 days of receipt of a written, bona fide, firm offer of fair consideration for the underground storage tank or underground storage tank system received at any time after 6 months following foreclosure or its equivalents. A "written, bona fide, firm offer" means a legally enforceable, commercially reasonable, cash offer solely for foreclosed underground storage tank or underground storage tank system, including all material terms of the transaction, from a ready, willing, and able purchaser who demonstrates to the holder's satisfaction the ability to perform. For purposes of this provision, the 6 month period begins to run from the time that the holder acquires marketable title; otherwise, provided that the holder, after the expiration of any redemption or other waiting period provided by law, acted diligently to acquire marketable title; otherwise, the 6 month period begins to run on the date of foreclosure or its equivalents.
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(d) Ownership of an underground storage tank and underground storage tank
system.
(1) Ownership of an underground storage tank or
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underground storage tank system for purposes of corrective action. A holder is not an "owner" of a petroleum underground storage tank or underground storage tank system for purposes of compliance with the corrective action requirements of Section 57.12 of this Act, provided the person:
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(A) does not participate in the management of
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the underground storage tank or underground storage tank system as defined in subsection (c); and
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(B) does not engage in petroleum production,
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(2) Ownership of an underground storage tank or
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underground storage tank system for purposes of the underground storage tank technical standards. A holder is not an owner of a petroleum underground storage tank or underground storage tank system for purposes of the underground storage tank technical standards provided that the holder:
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(A) does not participate in the management of
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the underground storage tank or underground storage tank system as defined in subsection (c); and
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(B) does not engage in petroleum production,
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(e) Operating an underground storage tank or underground storage tank
system.
(1) Operating an underground storage tank or
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underground storage tank system prior to foreclosure. A holder, prior to foreclosure or its equivalents, is not an operator of a petroleum underground storage tank or underground storage tank system for purposes of compliance with the corrective action requirements of Section 57.12 of this Act, or any other provision of this Act or of State or federal law, provided the holder is not in control of or does not have responsibility for the daily operation of the underground storage tank or underground storage tank system.
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(2) Operating an underground storage tank or
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underground storage tank system after foreclosure.
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(A) A holder who has not participated in management
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prior to foreclosure and who acquires a petroleum underground storage tank or underground storage tank system through foreclosure or its equivalents is not an operator of the underground storage tank or underground storage tank system for purposes of compliance with the corrective action requirements under Section 57.12 of this Act, or any other provision of this Act or of State or federal law, provided that the holder within 15 days following foreclosure or its equivalents, empties all of its underground storage tanks and underground storage tank systems so that no more than 2.5 centimeters (one inch) of residue, or 0.3% by weight of the total capacity of the underground storage tank system, remains in the system; leaves vent lines open and functioning; and caps and secures all other lines, pumps, manways, and ancillary equipment.
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(B) In addition, the holder shall either:
(i) "permanently" close the underground storage
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tank or underground storage tank system in accordance with the regulations of the Office of the State Fire Marshal (41 Illinois Administrative Code Part 170, as amended); or
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(ii) "temporarily" close the underground storage
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tank or underground storage tank system in accordance with the applicable provisions of the regulations of the Office of the State Fire Marshal (41 Illinois Administrative Code Part 170.620 and 170.670, as amended).
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(C) A holder who acquires a petroleum underground
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storage tank or underground storage tank system through foreclosure or its equivalents is not an "operator" of the underground storage tank or underground storage tank system for purposes of this Act, the first 15 days following foreclosure or its equivalents, provided the holder complies with item (2) of Section (e).
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(f) Actions taken to protect human health and the environment. A holder is
not considered to be an operator of an underground storage tank
or underground storage tank system or to be participating in the management of
an underground storage tank or underground storage tank system solely on the
basis of undertaking actions under a federal or State law or regulation,
provided that the holder does not otherwise participate in the management or
daily operation of the underground storage tank or underground storage tank
system. Such actions include, but are not limited to, release reporting,
release response and corrective action, temporary or permanent closure of an
underground storage tank or underground storage tank system, underground
storage tank upgrading or replacement, and maintenance of corrosion
protection. A holder who undertakes these
actions must do so in compliance with the applicable requirements of this Act.
(g) Financial responsibility. A holder is exempt from the requirement to
demonstrate financial responsibility under any State law or rule, provided the
holder:
(1) does not participate in the management of the
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underground storage tank or underground storage tank system as defined in subsection (c);
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(2) does not engage in petroleum production,
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refining, and marketing as defined in item (2) of subsection (b); and
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(3) complies with the requirements of subsection (e).
(Source: P.A. 89‑200, eff. 1‑1‑96; 89‑626, eff. 8‑9‑96.)
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