(415 ILCS 5/58.5)
Sec. 58.5.
Risk‑based remediation objectives.
(a) Determination of remediation objectives. This Section establishes
the procedures for determining risk‑based remediation objectives.
(b) Background area remediation objectives.
(1) Except as provided in subdivisions (b)(2) or |
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(b)(3) of this Section, remediation objectives established under this Section shall not require remediation of regulated substances to levels that are less than area background levels.
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(2) In the event that the concentration of a
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regulated substance of concern on the site exceeds a remediation objective adopted by the Board for residential land use, the property may not be converted to residential use unless such remediation objective or an alternate risk‑based remediation objective for that regulated substance of concern is first achieved.
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(3) In the event that the Agency has determined in
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writing that the background level for a regulated substance poses an acute threat to human health or the environment at the site when considering the post‑remedial action land use, the RA shall develop appropriate risk‑based remediation objectives in accordance with this Section.
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(c) Regulations establishing remediation objectives and
methodologies for deriving remediation objectives for individual or classes of
regulated substances shall be adopted by the Board in accordance with this
Section and Section 58.11.
(1) The regulations shall provide for the adoption
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of a three‑tiered process for a RA to establish remediation objectives protective of human health and the environment based on identified risks and specific site characteristics at and around the site.
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(2) The regulations shall provide procedures for
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using alternative tiers in developing remediation objectives for multiple regulated substances.
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(3) The regulations shall provide procedures for
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determining area background contaminant levels.
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(4) The methodologies adopted under this Section
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shall ensure that the following factors are taken into account in determining remediation objectives:
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(A) potential risks posed by carcinogens and
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(B) the presence of multiple substances of
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concern and multiple exposure pathways.
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(d) In developing remediation objectives under
subsection (c) of this Section, the methodology proposed and adopted shall
establish tiers addressing manmade and natural pathways of
exposure, including
but not limited to human ingestion, human inhalation, and groundwater
protection. For carcinogens, soil and groundwater remediation objectives
shall be established at exposures that represent an excess upper‑bound lifetime
risk of between 1 in 10,000 and 1 in 1,000,000 as appropriate for the
post‑remedial action use, except that remediation objectives protecting
residential use shall be based on exposures that represent an excess
upper‑bound lifetime risk of 1 in 1,000,000. No groundwater remediation
objective adopted pursuant to this Section shall be more restrictive than the
applicable Class I or Class III Groundwater Quality Standard adopted by the
Board. At a minimum, the objectives shall include the following:
(1) Tier I remediation objectives expressed as a
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table of numeric values for soil and groundwater. Such objectives may be of different values dependent on potential pathways at the site and different land uses, including residential and nonresidential uses.
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(2) Tier II remediation objectives shall include the
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formulae and equations used to derive the Tier II objectives and input variables for use in the formulae. The RA may alter the input variables when it is demonstrated that the specific circumstances at and around the site including land uses warrant such alternate variables.
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(3) Tier III remediation objectives shall include
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methodologies to allow for the development of site‑specific risk‑based remediation objectives for soil or groundwater, or both, for regulated substances. Such methodology shall allow for different remediation objectives for residential and various categories of non‑residential land uses. The Board's future adoption of a methodology pursuant to this Section shall in no way preclude the use of a nationally recognized methodology to be used for the development of site‑specific risk‑based objectives for regulated substances under this Section. In determining Tier III remediation objectives under this subsection, all of the following factors shall be considered:
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(A) The use of specific site characteristic data.
(B) The use of appropriate exposure factors for
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the current and currently planned future land use of the site and adjacent property and the effectiveness of engineering, institutional, or legal controls placed on the current or future use of the site.
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(C) The use of appropriate statistical
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methodologies to establish statistically valid remediation objectives.
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(D) The actual and potential impact of regulated
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(4) For regulated substances that have a groundwater
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quality standard established pursuant to the Illinois Groundwater Protection Act and rules promulgated thereunder, site specific groundwater remediation objectives may be proposed under the methodology established in subdivision (d) (3) of this Section at values greater than the groundwater quality standards.
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(A) The RA proposing any site specific
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groundwater remediation objective at a value greater than the applicable groundwater quality standard shall demonstrate:
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(i) To the extent practical, the exceedance
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of the groundwater quality standard has been minimized and beneficial use appropriate to the groundwater that was impacted has been returned; and
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(ii) Any threat to human health or the
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environment has been minimized.
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(B) The rules proposed by the Agency and adopted
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by the Board under this Section shall include criteria required for the demonstration of the suitability of groundwater objectives proposed under subdivision (b) (4) (A) of this Section.
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(e) The rules proposed by the Agency and adopted by the Board under
this
Section shall include conditions for the establishment and duration of
groundwater management zones by rule, as appropriate, at sites undergoing
remedial action under this Title.
(f) Until such time as the Board adopts remediation objectives under
this Section, the remediation objectives adopted by the Board under Title XVI
of this Act shall apply to all environmental assessments and soil or
groundwater remedial action conducted under this Title.
(Source: P.A. 91‑909, eff. 7‑7‑00.)
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(415 ILCS 5/58.7)
(Text of Section from P.A. 92‑574)
Sec. 58.7.
Review and approvals.
(a) Requirements. All plans and reports that are submitted pursuant to
this Title shall be submitted for review or approval in accordance with this
Section.
(b) Review and evaluation by the Agency.
(1) Except for sites excluded under subdivision |
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(a)(2) of Section 58.1, the Agency shall, subject to available resources, agree to provide review and evaluation services for activities carried out pursuant to this Title for which the RA requested the services in writing. As a condition for providing such services, the Agency may require that the RA for a site:
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(A) Conform with the procedures of this Title;
(B) Allow for or otherwise arrange site visits
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or other site evaluation by the Agency when so requested;
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(C) Agree to perform the Remedial Action Plan as
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approved under this Title;
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(D) Agree to pay any reasonable costs incurred
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and documented by the Agency in providing such services;
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(E) Make an advance partial payment to the
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Agency for such anticipated services in an amount, acceptable to the Agency, but not to exceed $5,000 or one‑half of the total anticipated costs of the Agency, whichever sum is less; and
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(F) Demonstrate, if necessary, authority to act
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on behalf of or in lieu of the owner or operator.
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(2) Any moneys received by the State for costs
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incurred by the Agency in performing review or evaluation services for actions conducted pursuant to this Title shall be deposited in the Hazardous Waste Fund.
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(3) An RA requesting services under subdivision
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(b)(1) of this Section may, at any time, notify the Agency, in writing, that Agency services previously requested are no longer wanted. Within 180 days after receipt of the notice, the Agency shall provide the RA with a final invoice for services provided until the date of such notifications.
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(4) The Agency may invoice or otherwise request or
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demand payment from a RA for costs incurred by the Agency in performing review or evaluation services for actions by the RA at sites only if:
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(A) The Agency has incurred costs in performing
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response actions, other than review or evaluation services, due to the failure of the RA to take response action in accordance with a notice issued pursuant to this Act;
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(B) The RA has agreed in writing to the payment
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(C) The RA has been ordered to pay such costs by
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the Board or a court of competent jurisdiction pursuant to this Act; or
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(D) The RA has requested or has consented to
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Agency review or evaluation services under subdivision (b)(1) of this Section.
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(5) The Agency may, subject to available resources,
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agree to provide review and evaluation services for response actions if there is a written agreement among parties to a legal action or if a notice to perform a response action has been issued by the Agency.
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(c) Review and evaluation by a Licensed Professional Engineer. A RA
may elect to contract with a Licensed Professional Engineer who will perform
review and evaluation services on behalf of and under the direction of the
Agency relative to the site activities.
(1) Prior to entering into the contract with the
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Review and Evaluation Licensed Professional Engineer (RELPE), the RA shall notify the Agency of the RELPE to be selected. The Agency and the RA shall discuss the potential terms of the contract.
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(2) At a minimum, the contract with the RELPE shall
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provide that the RELPE will submit any reports directly to the Agency, will take his or her directions for work assignments from the Agency, and will perform the assigned work on behalf of the Agency.
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(3) Reasonable costs incurred by the Agency shall be
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paid by the RA directly to the Agency in accordance with the terms of the review and evaluation services agreement entered into under subdivision (b)(1) of Section 58.7.
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(4) In no event shall the RELPE acting on behalf of
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the Agency be an employee of the RA or the owner or operator of the site or be an employee of any other person the RA has contracted to provide services relative to the site.
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(d) Review and approval. All reviews required under this Title shall
be carried out by the Agency or a RELPE, both under the direction of a Licensed
Professional Engineer.
(1) All review activities conducted by the Agency
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or a RELPE shall be carried out in conformance with this Title and rules promulgated under Section 58.11.
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(2) Specific plans, reports, and activities which
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the Agency or a RELPE may review include:
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(A) Site Investigation Reports and related
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(B) Remediation Objectives Reports;
(C) Remedial Action Plans and related
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(D) Remedial Action Completion Reports and
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(3) Only the Agency shall have the authority to
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approve, disapprove, or approve with conditions a plan or report as a result of the review process including those plans and reports reviewed by a RELPE. If the Agency disapproves a plan or report or approves a plan or report with conditions, the written notification required by subdivision (d)(4) of this Section shall contain the following information, as applicable:
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(A) An explanation of the Sections of this Title
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that may be violated if the plan or report was approved;
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(B) An explanation of the provisions of the
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rules promulgated under this Title that may be violated if the plan or report was approved;
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(C) An explanation of the specific type of
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information, if any, that the Agency deems the applicant did not provide the Agency;
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(D) A statement of specific reasons why the
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Title and regulations might not be met if the plan or report were approved; and
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(E) An explanation of the reasons for conditions
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if conditions are required.
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(4) Upon approving, disapproving, or approving with
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conditions a plan or report, the Agency shall notify the RA in writing of its decision. In the case of approval or approval with conditions of a Remedial Action Completion Report, the Agency shall prepare a No Further Remediation Letter that meets the requirements of Section 58.10 and send a copy of the letter to the RA.
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(5) All reviews undertaken by the Agency or a RELPE
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shall be completed and the decisions communicated to the RA within 60 days of the request for review or approval. The RA may waive the deadline upon a request from the Agency. If the Agency disapproves or approves with conditions a plan or report or fails to issue a final decision within the 60 day period and the RA has not agreed to a waiver of the deadline, the RA may, within 35 days, file an appeal to the Board. Appeals to the Board shall be in the manner provided for the review of permit decisions in Section 40 of this Act.
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(e) Standard of review. In making determinations, the following
factors, and additional factors as may be adopted by the Board in accordance
with Section 58.11, shall be considered by the Agency when reviewing or
approving plans, reports, and related activities, or the RELPE, when reviewing
plans, reports, and related activities:
(1) Site Investigation Reports and related
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activities: Whether investigations have been conducted and the results compiled in accordance with the appropriate procedures and whether the interpretations and conclusions reached are supported by the information gathered. In making the determination, the following factors shall be considered:
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(A) The adequacy of the description of the site
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and site characteristics that were used to evaluate the site;
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(B) The adequacy of the investigation of
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potential pathways and risks to receptors identified at the site; and
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(C) The appropriateness of the sampling and
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(2) Remediation Objectives Reports: Whether the
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remediation objectives are consistent with the requirements of the applicable method for selecting or determining remediation objectives under Section 58.5. In making the determination, the following factors shall be considered:
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(A) If the objectives were based on the
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determination of area background levels under subsection (b) of Section 58.5, whether the review of current and historic conditions at or in the immediate vicinity of the site has been thorough and whether the site sampling and analysis has been performed in a manner resulting in accurate determinations;
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(B) If the objectives were calculated on the
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basis of predetermined equations using site specific data, whether the calculations were accurately performed and whether the site specific data reflect actual site conditions; and
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(C) If the objectives were determined using a
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site specific risk assessment procedure, whether the procedure used is nationally recognized and accepted, whether the calculations were accurately performed, and whether the site specific data reflect actual site conditions.
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(3) Remedial Action Plans and related activities:
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Whether the plan will result in compliance with this Title, and rules adopted under it and attainment of the applicable remediation objectives. In making the determination, the following factors shall be considered:
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(A) The likelihood that the plan will result in
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the attainment of the applicable remediation objectives;
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(B) Whether the activities proposed are
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consistent with generally accepted engineering practices; and
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(C) The management of risk relative to any
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remaining contamination, including but not limited to, provisions for the long‑term enforcement, operation, and maintenance of institutional and engineering controls, if relied on.
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(4) Remedial Action Completion Reports and related
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activities: Whether the remedial activities have been completed in accordance with the approved Remedial Action Plan and whether the applicable remediation objectives have been attained.
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(f) All plans and reports submitted for review shall include a Licensed
Professional Engineer's certification that all investigations and remedial
activities were carried out under his or her direction and, to the best of his
or her knowledge and belief, the work
described in the plan or report has been completed in accordance with generally
accepted engineering practices, and the information presented is accurate and
complete.
(g) In accordance with Section 58.11, the Agency shall propose and the
Board shall adopt rules to carry out the purposes of this Section. At a
minimum, the rules shall detail the types of services the Agency may
provide in response to requests under subdivision (b)(1) of this Section and
the recordkeeping it will utilize in documenting to the RA the costs incurred
by the Agency in providing such services.
(h) Public participation.
(1) The Agency shall develop guidance to assist RA's
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in the implementation of a community relations plan to address activity at sites undergoing remedial action pursuant to this Title.
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(2) The RA may elect to enter into a services
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agreement with the Agency for Agency assistance in community outreach efforts.
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(3) The Agency shall maintain a registry listing
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those sites undergoing remedial action pursuant to this Title.
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(4) Notwithstanding any provisions of this Section,
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the RA of a site undergoing remedial activity pursuant to this Title may elect to initiate a community outreach effort for the site.
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(Source: P.A. 89‑431, eff. 12‑15‑95; 89‑443, eff. 7‑1‑96; 89‑626, eff.
8‑9‑96; 92‑574, eff. 6‑26‑02.)
(Text of Section from P.A. 92‑735)
Sec. 58.7.
Review and approvals.
(a) Requirements. All plans and reports that are submitted pursuant
to this Title shall be submitted for review or approval in accordance with this
Section.
(b) Review and evaluation by the Agency.
(1) Except for sites excluded under subdivision (a)
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(2) of Section 58.1, the Agency shall, subject to available resources, agree to provide review and evaluation services for activities carried out pursuant to this Title for which the RA requested the services in writing. As a condition for providing such services, the Agency may require that the RA for a site:
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(A) Conform with the procedures of this Title;
(B) Allow for or otherwise arrange site visits
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or other site evaluation by the Agency when so requested;
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(C) Agree to perform the work plan as approved
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(D) Agree to pay any reasonable costs incurred
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and documented by the Agency in providing such services;
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(E) Make an advance partial payment to the
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Agency for such anticipated services in an amount, acceptable to the Agency, but not to exceed $5,000 or one‑half of the total anticipated costs of the Agency, whichever sum is less; and
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(F) Demonstrate, if necessary, authority to act
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on behalf of or in lieu of the owner or operator.
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(2) Any moneys received by the State for costs
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incurred by the Agency in performing review or evaluation services for actions conducted pursuant to this Title shall be deposited in the Hazardous Waste Fund.
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(3) An RA requesting services under subdivision (b)
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(1) of this Section may, at any time, notify the Agency, in writing, that Agency services previously requested are no longer wanted. Within 180 days after receipt of the notice, the Agency shall provide the RA with a final invoice for services provided until the date of such notifications.
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(4) The Agency may invoice or otherwise request or
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demand payment from a RA for costs incurred by the Agency in performing review or evaluation services for actions by the RA at sites only if:
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(A) The Agency has incurred costs in performing
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response actions, other than review or evaluation services, due to the failure of the RA to take response action in accordance with a notice issued pursuant to this Act;
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(B) The RA has agreed in writing to the payment
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(C) The RA has been ordered to pay such costs by
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the Board or a court of competent jurisdiction pursuant to this Act; or
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(D) The RA has requested or has consented to
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Agency review or evaluation services under subdivision (b) (1) of this Section.
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(5) The Agency may, subject to available resources,
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agree to provide review and evaluation services for response actions if there is a written agreement among parties to a legal action or if a notice to perform a response action has been issued by the Agency.
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(c) Review and evaluation by a Licensed Professional Engineer or Licensed
Professional Geologist. A RA may elect to contract with a Licensed
Professional Engineer or, in the case of a site investigation report only,
a Licensed Professional Geologist, who will perform review and evaluation
services on behalf of and under the direction of the Agency relative to the
site activities.
(1) Prior to entering into the contract with the
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RELPEG, the RA shall notify the Agency of the RELPEG to be selected. The Agency and the RA shall discuss the potential terms of the contract.
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(2) At a minimum, the contract with the RELPEG
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shall provide that the RELPEG will submit any reports directly to the Agency, will take his or her directions for work assignments from the Agency, and will perform the assigned work on behalf of the Agency.
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(3) Reasonable costs incurred by the Agency shall be
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paid by the RA directly to the Agency in accordance with the terms of the review and evaluation services agreement entered into under subdivision (b) (1) of Section 58.7.
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(4) In no event shall the RELPEG acting on behalf of
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the Agency be an employee of the RA or the owner or operator of the site or be an employee of any other person the RA has contracted to provide services relative to the site.
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(d) Review and approval. All reviews required under this Title shall
be carried out by the Agency or a RELPEG, both under the
direction of a Licensed Professional Engineer or, in the case of the
review of a site investigation only, a Licensed Professional Geologist.
(1) All review activities conducted by the Agency or
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a RELPEG shall be carried out in conformance with this Title and rules promulgated under Section 58.11.
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(2) Subject to the limitations in subsection (c) and
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this subsection (d), the specific plans, reports, and activities that the Agency or a RELPEG may review include:
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(A) Site Investigation Reports and related
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(B) Remediation Objectives Reports;
(C) Remedial Action Plans and related
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(D) Remedial Action Completion Reports and
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(3) Only the Agency shall have the authority to
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approve, disapprove, or approve with conditions a plan or report as a result of the review process including those plans and reports reviewed by a RELPEG. If the Agency disapproves a plan or report or approves a plan or report with conditions, the written notification required by subdivision (d) (4) of this Section shall contain the following information, as applicable:
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(A) An explanation of the Sections of this Title
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that may be violated if the plan or report was approved;
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(B) An explanation of the provisions of the
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rules promulgated under this Title that may be violated if the plan or report was approved;
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(C) An explanation of the specific type of
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information, if any, that the Agency deems the applicant did not provide the Agency;
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(D) A statement of specific reasons why the
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Title and regulations might not be met if the plan or report were approved; and
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(E) An explanation of the reasons for conditions
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if conditions are required.
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(4) Upon approving, disapproving, or approving with
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conditions a plan or report, the Agency shall notify the RA in writing of its decision. In the case of approval or approval with conditions of a Remedial Action Completion Report, the Agency shall prepare a No Further Remediation Letter that meets the requirements of Section 58.10 and send a copy of the letter to the RA.
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(5) All reviews undertaken by the Agency or a RELPEG
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shall be completed and the decisions communicated to the RA within 60 days of the request for review or approval. The RA may waive the deadline upon a request from the Agency. If the Agency disapproves or approves with conditions a plan or report or fails to issue a final decision within the 60 day period and the RA has not agreed to a waiver of the deadline, the RA may, within 35 days, file an appeal to the Board. Appeals to the Board shall be in the manner provided for the review of permit decisions in Section 40 of this Act.
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(e) Standard of review. In making determinations, the following
factors, and additional factors as may be adopted by the Board in accordance
with Section 58.11, shall be considered by the Agency when reviewing or
approving plans, reports, and related activities, or the RELPEG,
when reviewing plans, reports, and related activities:
(1) Site Investigation Reports and related
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activities: Whether investigations have been conducted and the results compiled in accordance with the appropriate procedures and whether the interpretations and conclusions reached are supported by the information gathered. In making the determination, the following factors shall be considered:
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(A) The adequacy of the description of the site
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and site characteristics that were used to evaluate the site;
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(B) The adequacy of the investigation of
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potential pathways and risks to receptors identified at the site; and
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(C) The appropriateness of the sampling and
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(2) Remediation Objectives Reports: Whether the
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remediation objectives are consistent with the requirements of the applicable method for selecting or determining remediation objectives under Section 58.5. In making the determination, the following factors shall be considered:
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(A) If the objectives were based on the
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determination of area background levels under subsection (b) of Section 58.5, whether the review of current and historic conditions at or in the immediate vicinity of the site has been thorough and whether the site sampling and analysis has been performed in a manner resulting in accurate determinations;
|
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(B) If the objectives were calculated on the
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basis of predetermined equations using site specific data, whether the calculations were accurately performed and whether the site specific data reflect actual site conditions; and
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(C) If the objectives were determined using a
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site specific risk assessment procedure, whether the procedure used is nationally recognized and accepted, whether the calculations were accurately performed, and whether the site specific data reflect actual site conditions.
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(3) Remedial Action Plans and related activities:
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Whether the plan will result in compliance with this Title, and rules adopted under it and attainment of the applicable remediation objectives. In making the determination, the following factors shall be considered:
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(A) The likelihood that the plan will result in
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the attainment of the applicable remediation objectives;
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(B) Whether the activities proposed are
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consistent with generally accepted engineering practices; and
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(C) The management of risk relative to any
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remaining contamination, including but not limited to, provisions for the long‑term enforcement, operation, and maintenance of institutional and engineering controls, if relied on.
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(4) Remedial Action Completion Reports and related
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activities: Whether the remedial activities have been completed in accordance with the approved Remedial Action Plan and whether the applicable remediation objectives have been attained.
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(f) All plans and reports submitted for review shall include a Licensed
Professional Engineer's certification that all investigations and remedial
activities were carried out under his or her direction and, to the best of
his or her knowledge and belief, the work described in the plan or report has
been completed in accordance with generally accepted engineering practices,
and the information presented is accurate and complete.
In the case of
a site investigation report prepared or supervised by a Licensed Professional
Geologist, the required certification may be made by the Licensed Professional
Geologist (rather than a Licensed Professional Engineer) and based upon
generally accepted principles of professional geology.
(g) In accordance with Section 58.11, the Agency shall propose and the
Board shall adopt rules to carry out the purposes of this Section. At a
minimum, the rules shall detail the types of services the Agency may provide
in response to requests under subdivision (b) (1) of this Section and the
recordkeeping it will utilize in documenting to the RA the costs incurred by
the Agency in providing such services. Until the Board adopts the rules,
the Agency may continue to offer services of the type offered under subsections
(m) and (n) of Section 22.2 of this Act prior to their repeal.
(h) Public participation.
(1) The Agency shall develop guidance to assist RA's
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in the implementation of a community relations plan to address activity at sites undergoing remedial action pursuant to this Title.
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(2) The RA may elect to enter into a services
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agreement with the Agency for Agency assistance in community outreach efforts.
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(3) The Agency shall maintain a registry listing
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those sites undergoing remedial action pursuant to this Title.
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(4) Notwithstanding any provisions of this Section,
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the RA of a site undergoing remedial activity pursuant to this Title may elect to initiate a community outreach effort for the site.
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(Source: P.A. 89‑431, eff. 12‑15‑95; 89‑443, eff. 7‑1‑96; 89‑626, eff.
8‑9‑96; 92‑735, eff. 7‑25‑02.)
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(415 ILCS 5/58.10)
Sec. 58.10.
Effect of completed remediation; liability releases.
(a) The Agency's issuance of the No Further Remediation Letter
signifies a release from further responsibilities under this Act in performing
the approved remedial action and shall be considered prima facie evidence that
the site does not constitute a threat to human health and the environment and
does not require further remediation under this Act, so long as the site is
utilized in accordance with the terms of the No Further Remediation Letter.
(b) Within 30 days of the Agency's approval of a Remedial
Action Completion Report, the Agency shall issue a No Further Remediation
Letter applicable to the site. In the event that the Agency fails to issue the
No Further Remediation Letter within 30 days after approval of the Remedial
Action Completion Report, the No Further Remediation Letter shall issue by
operation of law. A No Further Remediation Letter issued pursuant
to this Section shall be limited to and shall include all of the following:
(1) An acknowledgment that the requirements of the |
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Remedial Action Plan and the Remedial Action Completion Report were satisfied;
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(2) A description of the location of the affected
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property by adequate legal description or by reference to a plat showing its boundaries;
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(3) The level of the remediation objectives,
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specifying, as appropriate, any land use limitation imposed as a result of such remediation efforts;
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(4) A statement that the Agency's issuance of the
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No Further Remediation Letter signifies a release from further responsibilities under this Act in performing the approved remedial action and shall be considered prima facie evidence that the site does not constitute a threat to human health and the environment and does not require further remediation under the Act, so long as the site is utilized in accordance with the terms of the No Further Remediation Letter;
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(5) The prohibition against the use of any site in a
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manner inconsistent with any land use limitation imposed as a result of such remediation efforts without additional appropriate remedial activities;
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(6) A description of any preventive, engineering,
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and institutional controls required in the approved Remedial Action Plan and notification that failure to manage the controls in full compliance with the terms of the Remedial Action Plan may result in voidance of the No Further Remediation Letter;
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(7) The recording obligations pursuant to Section
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(8) The opportunity to request a change in the
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recorded land use pursuant to Section 58.8;
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(9) Notification that further information regarding
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the site can be obtained from the Agency through a request under the Freedom of Information Act (5 ILCS 140); and
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(10) If only a portion of the site or only selected
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regulated substances at a site were the subject of corrective action, any other provisions agreed to by the Agency and the RA.
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(c) The Agency may deny a No Further Remediation Letter if fees applicable
under the review and evaluation services agreement have not been paid in full.
(d) The No Further Remediation Letter shall apply in favor of the
following persons:
(1) The RA or other person to whom the letter was
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(2) The owner and operator of the site.
(3) Any parent corporation or subsidiary of the
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(4) Any co‑owner, either by joint‑tenancy, right of
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survivorship, or any other party sharing a legal relationship with the owner of the site.
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(5) Any holder of a beneficial interest of a land
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trust or inter vivos trust, whether revocable or irrevocable, involving the site.
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(6) Any mortgagee or trustee of a deed of trust of
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the owner of the site or any assignee, transferee, or any successor‑in‑interest thereto.
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(7) Any successor‑in‑interest of the owner of the
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(8) Any transferee of the owner of the site whether
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the transfer was by sale, bankruptcy proceeding, partition, dissolution of marriage, settlement or adjudication of any civil action, charitable gift, or bequest.
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(9) Any heir or devisee of the owner of the site.
(10) Any financial institution, as that term is
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defined in Section 2 of the Illinois Banking Act and to include the Illinois Housing Development Authority, that has acquired the ownership, operation, management, or control of a site through foreclosure or under the terms of a security interest held by the financial institution, under the terms of an extension of credit made by the financial institution, or any successor in interest thereto.
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(11) In the case of a fiduciary (other than a land
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trustee), the estate, trust estate, or other interest in property held in a fiduciary capacity, and a trustee, executor, administrator, guardian, receiver, conservator, or other person who holds the remediated site in a fiduciary capacity, or a transferee of such party.
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(e) The No Further Remediation Letter shall be voidable if the site
activities are not managed in full compliance with the provisions of this
Title, any rules adopted under it, or the approved Remedial Action Plan or
remediation objectives upon which the issuance of the No Further Remediation
Letter was based. Specific acts or omissions that may result in voidance of
the No Further Remediation Letter include, but shall not be limited to:
(1) Any violation of institutional controls or land
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use restrictions, if applicable;
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(2) The failure of the owner, operator, RA, or any
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subsequent transferee to operate and maintain preventive or engineering controls or comply with a groundwater monitoring plan, if applicable;
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(3) The disturbance or removal of contamination that
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has been left in place in accordance with the Remedial Action Plan;
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(4) The failure to comply with the recording
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requirements of Section 58.8;
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(5) Obtaining the No Further Remediation Letter by
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fraud or misrepresentation;
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(6) Subsequent discovery of contaminants, not
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identified as part of the investigative or remedial activities upon which the issuance of the No Further Remediation Letter was based, that pose a threat to human health or the environment; or
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(7) The failure to pay the No Further Remediation
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Assessment required under subsection (g) of this Section.
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(f) If the Agency seeks to void a No Further Remediation Letter, it
shall provide notice by certified letter to the current title holder of the
site and to the RA at his or her last known address. The notice shall specify
the cause for the voidance and describe facts in support of that cause.
(1) Within 35 days of the receipt of the notice of
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voidance, the RA or current title holder may appeal the Agency's decision to the Board in the manner provided for the review of permits in Section 40 of this Act. If the Board fails to take final action on the petition within 120 days, unless such time period is waived by the petitioner, the petition shall be deemed denied and the petitioner shall be entitled to an Appellate Court order pursuant to subsection (d) of Section 41 of this Act. The Agency shall have the burden of proof in any such action.
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(2) If the Agency's action is not appealed, the
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Agency shall submit the notice of voidance to the Office of the Recorder or the Registrar of Titles for the county in which the site is located. The notice shall be filed in accordance with Illinois law so that it forms a permanent part of the chain of title for the site.
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(3) If the Agency's action is appealed, the action
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shall not become effective until the appeal process has been exhausted and a final decision reached by the Board or courts.
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(4) Upon receiving notice of appeal, the Agency
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shall file a notice of lis pendens with the Office of the Recorder or the Registrar of Titles for the county in which the site is located. The notice shall be filed in accordance with Illinois law so that it becomes a part of the chain of title for the site. However, if the Agency's action is not upheld on appeal, the notice of lis pendens shall be removed in accordance with Illinois law within 45 days of receipt of the final decision of the Board or the courts.
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(g) Within 30 days after the receipt of a No Further Remediation Letter
issued by the Agency or by operation of law pursuant to this Section, the
recipient of the letter shall forward to the Agency a No Further Remediation
Assessment in the amount of the lesser of $2,500 or an amount equal to the
costs incurred for the site by the Agency under Section 58.7. The assessment
shall be made payable to the State of Illinois, for deposit in the Hazardous
Waste Fund. The No Further Remediation Assessment is in addition to any other
costs that may be incurred by the Agency pursuant to Section 58.7.
(Source: P.A. 89‑431, eff. 12‑15‑95; 89‑443, eff. 7‑1‑96; 89‑626, eff.
8‑9‑96.)
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(415 ILCS 5/58.14)
Sec. 58.14.
Environmental Remediation Tax Credit review.
(a) Prior to applying for the Environmental Remediation Tax Credit under
Section 201 of the Illinois Income Tax Act, Remediation Applicants shall first
submit to the Agency an application for review of remediation costs. The
application and review process shall be conducted in
accordance with the requirements of this Section and the rules
adopted under
subsection (g). A preliminary review of the estimated remediation costs for
development and implementation of the Remedial Action Plan may be obtained in
accordance with subsection (d).
(b) No
application for review shall be submitted until a No Further Remediation Letter
has been issued by the Agency and recorded in the chain of title for the site
in accordance with Section 58.10. The Agency shall review the application to
determine whether the costs submitted are remediation costs, and whether the
costs incurred are reasonable. The application shall be on forms prescribed
and provided by the Agency. At a minimum, the application shall include the
following:
(1) information identifying the Remediation |
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Applicant and the site for which the tax credit is being sought and the date of acceptance of the site into the Site Remediation Program;
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(2) a copy of the No Further Remediation Letter with
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official verification that the letter has been recorded in the chain of title for the site and a demonstration that the site for which the application is submitted is the same site as the one for which the No Further Remediation Letter is issued;
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(3) a demonstration that the release of the
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regulated substances of concern for which the No Further Remediation Letter was issued were not caused or contributed to in any material respect by the Remediation Applicant. After the Pollution Control Board rules are adopted pursuant to the Illinois Administrative Procedure Act for the administration and enforcement of Section 58.9 of the Environmental Protection Act, determinations as to credit availability shall be made consistent with those rules;
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(4) an itemization and documentation, including
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receipts, of the remediation costs incurred;
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(5) a demonstration that the costs incurred are
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remediation costs as defined in this Act and its rules;
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(6) a demonstration that the costs submitted for
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review were incurred by the Remediation Applicant who received the No Further Remediation Letter;
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(7) an application fee in the amount set forth in
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subsection (e) for each site for which review of remediation costs is requested and, if applicable, certification from the Department of Commerce and Community Affairs that the site is located in an enterprise zone;
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(8) any other information deemed appropriate by the
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(c) Within 60 days after receipt by the Agency of an application meeting
the requirements of subsection (b), the Agency shall issue a letter to the
applicant approving, disapproving, or modifying the remediation costs submitted
in the
application. If the remediation costs are approved as submitted, the Agency's
letter shall state the amount of the remediation costs to be applied toward the
Environmental Remediation Tax Credit. If an application is disapproved or
approved with modification of remediation costs, the Agency's letter shall set
forth the reasons for the disapproval or modification and state the amount of
the remediation costs, if any, to be applied toward the Environmental
Remediation Tax Credit.
If a preliminary review of a budget plan has been obtained under
subsection (d), the Remediation Applicant may submit, with the
application and supporting documentation under subsection (b), a copy of the
Agency's final determination accompanied by a certification that the actual
remediation costs incurred for the development and implementation of the
Remedial Action Plan are equal to or less than the costs approved in the
Agency's final determination on the budget plan. The certification shall be
signed by the Remediation Applicant and notarized. Based on that submission,
the Agency shall not be required to conduct further review of the costs
incurred for development and implementation of the Remedial Action Plan and may
approve costs as submitted.
Within 35 days after receipt of an Agency letter disapproving or
modifying an application for approval of remediation costs, the Remediation
Applicant may appeal the Agency's decision to the Board in the manner provided
for the review of permits in Section 40 of this Act.
(d) (1) A Remediation Applicant may obtain a preliminary
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review of estimated remediation costs for the development and implementation of the Remedial Action Plan by submitting a budget plan along with the Remedial Action Plan. The budget plan shall be set forth on forms prescribed and provided by the Agency and shall include but shall not be limited to line item estimates of the costs associated with each line item (such as personnel, equipment, and materials) that the Remediation Applicant anticipates will be incurred for the development and implementation of the Remedial Action Plan. The Agency shall review the budget plan along with the Remedial Action Plan to determine whether the estimated costs submitted are remediation costs and whether the costs estimated for the activities are reasonable.
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(2) If the Remedial Action Plan is amended by the
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Remediation Applicant or as a result of Agency action, the corresponding budget plan shall be revised accordingly and resubmitted for Agency review.
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(3) The budget plan shall be accompanied by the
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applicable fee as set forth in subsection (e).
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(4) Submittal of a budget plan shall be deemed an
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automatic 60‑day waiver of the Remedial Action Plan review deadlines set forth in this Section and its rules.
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(5) Within the applicable period of review, the
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Agency shall issue a letter to the Remediation Applicant approving, disapproving, or modifying the estimated remediation costs submitted in the budget plan. If a budget plan is disapproved or approved with modification of estimated remediation costs, the Agency's letter shall set forth the reasons for the disapproval or modification.
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(6) Within 35 days after receipt of an Agency letter
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disapproving or modifying a budget plan, the Remediation Applicant may appeal the Agency's decision to the Board in the manner provided for the review of permits in Section 40 of this Act.
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(e) The fees for reviews conducted under this Section are in addition to any
other fees or payments for Agency services rendered pursuant to the Site
Remediation Program
and shall be as follows:
(1) The fee for an application for review of
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remediation costs shall be $1,000 for each site reviewed.
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(2) The fee for the review of the budget plan
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submitted under subsection (d) shall be $500 for each site reviewed.
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(3) In the case of a Remediation Applicant
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submitting for review total remediation costs of $100,000 or less for a site located within an enterprise zone (as set forth in paragraph (i) of subsection (l) of Section 201 of the Illinois Income Tax Act), the fee for an application for review of remediation costs shall be $250 for each site reviewed. For those sites, there shall be no fee for review of a budget plan under subsection (d).
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The application fee shall be made payable to the State of Illinois, for
deposit into the Hazardous Waste Fund.
Pursuant to appropriation, the Agency shall use the fees collected under this
subsection for development and
administration of the review program.
(f) The Agency shall have the authority to enter into any contracts or
agreements that may be necessary to carry out its duties and responsibilities
under this Section.
(g) Within 6 months after July 21, 1997, the Agency shall propose rules prescribing procedures
and standards for its administration of this Section. Within 6 months after
receipt of the Agency's proposed rules, the Board shall adopt on second notice,
pursuant to Sections 27 and 28 of this Act and the Illinois Administrative
Procedure Act, rules that are consistent with this Section. Prior to the
effective date of rules adopted under this Section, the Agency may conduct
reviews of applications under this Section and the Agency is further authorized
to distribute guidance documents on costs that are eligible or ineligible as
remediation costs.
(Source: P.A. 92‑574, eff. 6‑26‑02.)
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(415 ILCS 5/58.15)
Sec. 58.15.
Brownfields Programs.
(A) Brownfields Redevelopment Loan Program.
(a) The Agency shall establish and administer a revolving loan program to
be known as the "Brownfields Redevelopment Loan Program" for the purpose of
providing loans to be used for site investigation, site remediation, or both,
at brownfields sites. All principal, interest, and penalty payments from loans
made under this subsection (A) shall be deposited into the
Brownfields Redevelopment
Fund and reused in accordance with this Section.
(b) General requirements for loans:
(1) Loans shall be at or below market interest rates
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in accordance with a formula set forth in regulations promulgated under subdivision (A)(c) of this subsection (A).
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(2) Loans shall be awarded subject to availability
|
|
of funding based on the order of receipt of applications satisfying all requirements as set forth in the regulations promulgated under subdivision (A)(c) of this subsection (A).
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|
(3) The maximum loan amount under this subsection
|
|
(A) for any one project is $1,000,000.
|
|
(4) In addition to any requirements or conditions
|
|
placed on loans by regulation, loan agreements under the Brownfields Redevelopment Loan Program shall include the following requirements:
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|
(A) the loan recipient shall secure the loan
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|
(B) completion of the loan repayment shall not
|
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exceed 15 years or as otherwise prescribed by Agency rule; and
|
|
(C) loan agreements shall provide for a
|
|
confession of judgment by the loan recipient upon default.
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|
(5) Loans shall not be used to cover expenses
|
|
incurred prior to the approval of the loan application.
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|
(6) If the loan recipient fails to make timely
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payments or otherwise fails to meet its obligations as provided in this subsection (A) or implementing regulations, the Agency is authorized to pursue the collection of the amounts past due, the outstanding loan balance, and the costs thereby incurred, either pursuant to the Illinois State Collection Act of 1986 or by any other means provided by law, including the taking of title, by foreclosure or otherwise, to any project or other property pledged, mortgaged, encumbered, or otherwise available as security or collateral.
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(c) The Agency shall have the authority to enter into any contracts or
agreements that may be necessary to carry out its duties or responsibilities
under this subsection (A). The Agency shall have the authority
to promulgate
regulations setting forth procedures and criteria for administering the
Brownfields Redevelopment Loan Program. The regulations promulgated by the
Agency for loans under this subsection (A) shall include, but
need not be limited to,
the following elements:
(1) loan application requirements;
(2) determination of credit worthiness of the loan
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(3) types of security required for the loan;
(4) types of collateral, as necessary, that can be
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|
(5) special loan terms, as necessary, for securing
|
|
the repayment of the loan;
|
|
(6) maximum loan amounts;
(7) purposes for which loans are available;
(8) application periods and content of applications;
(9) procedures for Agency review of loan
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|
applications, loan approvals or denials, and loan acceptance by the loan recipient;
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|
(10) procedures for establishing interest rates;
(11) requirements applicable to disbursement of
|
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loans to loan recipients;
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|
(12) requirements for securing loan repayment
|
|
(13) conditions or circumstances constituting
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|
(14) procedures for repayment of loans and
|
|
delinquent loans including, but not limited to, the initiation of principal and interest payments following loan acceptance;
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|
(15) loan recipient responsibilities for work
|
|
schedules, work plans, reports, and record keeping;
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|
(16) evaluation of loan recipient performance,
|
|
including auditing and access to sites and records;
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|
(17) requirements applicable to contracting and
|
|
subcontracting by the loan recipient, including procurement requirements;
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|
(18) penalties for noncompliance with loan
|
|
requirements and conditions, including stop‑work orders, termination, and recovery of loan funds; and
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|
(19) indemnification of the State of Illinois and
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|
the Agency by the loan recipient.
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(d) Moneys in the Brownfields Redevelopment Fund may be used as a source
of revenue or security for the principal and interest on revenue or general
obligation bonds issued by the State or any political subdivision or
instrumentality thereof, if the proceeds of those bonds will be deposited
into the Fund.
(B) Brownfields Site Restoration Program.
(a) (1) The Agency, with the assistance of the
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Department of Commerce and Economic Opportunity, must establish and administer a program for the payment of remediation costs to be known as the Brownfields Site Restoration Program. The Agency, through the Program, shall provide Remediation Applicants with financial assistance for the investigation and remediation of abandoned or underutilized properties. The investigation and remediation shall be performed in accordance with this Title XVII of this Act.
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(2) For each State fiscal year in which funds are
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made available to the Agency for payment under this subsection (B), the Agency must, subject to the availability of funds, allocate 20% of the funds to be available to Remediation Applicants within counties with populations over 2,000,000. The remaining funds must be made available to all other Remediation Applicants in the State.
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(3) The Agency must not approve payment in excess of
|
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$750,000 to a Remediation Applicant for remediation costs incurred at a remediation site. Eligibility must be determined based on a minimum capital investment in the redevelopment of the site, and payment amounts must not exceed the net economic benefit to the State of the remediation project. In addition to these limitations, the total payment to be made to an applicant must not exceed an amount equal to 20% of the capital investment at the site.
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(4) Only those remediation projects for which a No
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Further Remediation Letter is issued by the Agency after December 31, 2001 are eligible to participate in the Brownfields Site Restoration Program. The program does not apply to any sites that have received a No Further Remediation Letter prior to December 31, 2001 or for costs incurred prior to the Department of Commerce and Economic Opportunity (formerly Department of Commerce and Community Affairs) approving a site eligible for the Brownfields Site Restoration Program.
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(5) Brownfields Site Restoration Program funds shall
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be subject to availability of funding and distributed based on the order of receipt of applications satisfying all requirements as set forth in this Section.
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(b) Prior to applying to the Agency for payment, a Remediation Applicant
shall first submit to the
Agency its proposed remediation costs. The Agency shall make a
pre‑application assessment, which is not to be binding upon the Department of
Commerce and Economic Opportunity or upon future review of the project, relating
only to whether the Agency has adequate funding to
reimburse the applicant for the remediation costs if the applicant is found to
be eligible for reimbursement of remediation costs. If the Agency determines
that it is likely to have adequate funding to reimburse the applicant for
remediation costs, the Remediation Applicant may then submit to the
Department of Commerce and Economic Opportunity an
application for review of eligibility. The Department must review the
eligibility application to determine whether the Remediation Applicant is
eligible for the payment. The application must be on forms prescribed and
provided by the Department of Commerce and Economic Opportunity. At a minimum,
the application must include the
following:
(1) Information identifying the Remediation
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Applicant and the site for which the payment is being sought and the date of acceptance into the Site Remediation Program.
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(2) Information demonstrating that the site for
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|
which the payment is being sought is abandoned or underutilized property. "Abandoned property" means real property previously used for, or that has the potential to be used for, commercial or industrial purposes that reverted to the ownership of the State, a county or municipal government, or an agency thereof, through donation, purchase, tax delinquency, foreclosure, default, or settlement, including conveyance by deed in lieu of foreclosure; or privately owned property that has been vacant for a period of not less than 3 years from the time an application is made to the Department of Commerce and Economic Opportunity. "Underutilized property" means real property of which less than 35% of the commercially usable space of the property and improvements thereon are used for their most commercially profitable and economically productive uses.
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(3) Information demonstrating that remediation of
|
|
the site for which the payment is being sought will result in a net economic benefit to the State of Illinois. The "net economic benefit" must be determined based on factors including, but not limited to, the capital investment, the number of jobs created, the number of jobs retained if it is demonstrated the jobs would otherwise be lost, capital improvements, the number of construction‑related jobs, increased sales, material purchases, other increases in service and operational expenditures, and other factors established by the Department of Commerce and Economic Opportunity. Priority must be given to sites located in areas with high levels of poverty, where the unemployment rate exceeds the State average, where an enterprise zone exists, or where the area is otherwise economically depressed as determined by the Department of Commerce and Economic Opportunity.
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(4) An application fee in the amount set forth in
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|
subdivision (B)(c) for each site for which review of an application is being sought.
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(c) The fee for eligibility reviews conducted by the Department of
Commerce
and Economic Opportunity under this subsection (B) is $1,000 for each site
reviewed. The
application fee must be made payable to the
Department of
Commerce and Economic Opportunity for deposit into the Workforce, Technology, and
Economic Development Fund. These application fees shall be used by the
Department
for administrative expenses incurred under this subsection (B).
(d) Within 60 days after receipt by the Department of Commerce and
Economic Opportunity of an application meeting
the requirements of subdivision (B)(b), the Department
of Commerce and Economic Opportunity must issue a letter to the
applicant approving the application, approving the application with
modifications, or disapproving the application. If the application is
approved or approved with modifications, the Department of Commerce and
Economic Opportunity's letter must also
include its determination of the
"net economic benefit" of the remediation project and the maximum amount of the
payment to be made available to the applicant for remediation costs. The
payment by the Agency under this subsection (B) must not exceed
the "net economic
benefit" of the remediation project, as determined by the Department of
Commerce and Economic Opportunity.
(e) An application for a review of remediation costs must not be submitted
to the Agency unless the Department of Commerce and
Economic Opportunity has
determined the Remediation Applicant is
eligible under subdivision (B)(d). If the Department of
Commerce and Economic Opportunity has determined that a
Remediation Applicant is eligible under subdivision (B)(d),
the Remediation
Applicant may submit an application for payment to the Agency under this
subsection (B). Except as provided in subdivision (B)(f),
an
application for
review of remediation costs must not be submitted until a No Further
Remediation Letter has been issued by the Agency and recorded in the chain of
title for the site in accordance with Section 58.10. The Agency must review
the application to determine whether the costs submitted are remediation costs
and whether the costs incurred are reasonable. The application must be on
forms prescribed and provided by the Agency. At a minimum, the application
must include the following:
(1) Information identifying the Remediation
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Applicant and the site for which the payment is being sought and the date of acceptance of the site into the Site Remediation Program.
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(2) A copy of the No Further Remediation Letter with
|
|
official verification that the letter has been recorded in the chain of title for the site and a demonstration that the site for which the application is submitted is the same site as the one for which the No Further Remediation Letter is issued.
|
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(3) A demonstration that the release of the
|
|
regulated substances of concern for which the No Further Remediation Letter was issued was not caused or contributed to in any material respect by the Remediation Applicant. The Agency must make determinations as to reimbursement availability consistent with rules adopted by the Pollution Control Board for the administration and enforcement of Section 58.9 of this Act.
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(4) A copy of the Department of Commerce and
|
|
Economic Opportunity's letter approving eligibility, including the net economic benefit of the remediation project.
|
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(5) An itemization and documentation, including
|
|
receipts, of the remediation costs incurred.
|
|
(6) A demonstration that the costs incurred are
|
|
remediation costs as defined in this Act and rules adopted under this Act.
|
|
(7) A demonstration that the costs submitted for
|
|
review were incurred by the Remediation Applicant who received the No Further Remediation Letter.
|
|
(8) An application fee in the amount set forth in
|
|
subdivision (B)(j) for each site for which review of remediation costs is requested.
|
|
(9) Any other information deemed appropriate by the
|
|
(f) An application for review of remediation costs may be submitted to the
Agency prior to the issuance of a No Further Remediation Letter if the
Remediation Applicant has a Remedial Action Plan approved by the Agency under
the terms of which the Remediation Applicant will remediate groundwater for
more than one year. The Agency must review the application to determine
whether the costs submitted are remediation costs and whether the costs
incurred are reasonable. The application must be on forms prescribed and
provided by the Agency. At a minimum, the application must include the
following:
(1) Information identifying the Remediation
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|
Applicant and the site for which the payment is being sought and the date of acceptance of the site into the Site Remediation Program.
|
|
(2) A copy of the Agency letter approving the
|
|
(3) A demonstration that the release of the
|
|
regulated substances of concern for which the Remedial Action Plan was approved was not caused or contributed to in any material respect by the Remediation Applicant. The Agency must make determinations as to reimbursement availability consistent with rules adopted by the Pollution Control Board for the administration and enforcement of Section 58.9 of this Act.
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|
(4) A copy of the Department of Commerce and
|
|
Economic Opportunity's letter approving eligibility, including the net economic benefit of the remediation project.
|
|
(5) An itemization and documentation, including
|
|
receipts, of the remediation costs incurred.
|
|
(6) A demonstration that the costs incurred are
|
|
remediation costs as defined in this Act and rules adopted under this Act.
|
|
(7) A demonstration that the costs submitted for
|
|
review were incurred by the Remediation Applicant who received approval of the Remediation Action Plan.
|
|
(8) An application fee in the amount set forth in
|
|
subdivision (B)(j) for each site for which review of remediation costs is requested.
|
|
(9) Any other information deemed appropriate by the
|
|
(g) For a Remediation Applicant seeking a payment under subdivision
(B)(f),
until the Agency issues a No Further Remediation Letter for the site, no more
than 75% of the allowed payment may be claimed by the Remediation Applicant.
The remaining 25% may be claimed following the issuance by the Agency of a
No Further Remediation Letter for the site. For a Remediation Applicant
seeking a payment under subdivision (B)(e), until the
Agency issues a No Further
Remediation Letter for the site, no payment may be
claimed by the Remediation Applicant.
(h) (1) Within 60 days after receipt by the Agency of an
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application meeting the requirements of subdivision (B)(e) or (B)(f), the Agency must issue a letter to the applicant approving, disapproving, or modifying the remediation costs submitted in the application. If an application is disapproved or approved with modification of remediation costs, then the Agency's letter must set forth the reasons for the disapproval or modification.
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(2) If a preliminary review of a budget plan has
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been obtained under subdivision (B)(i), the Remediation Applicant may submit, with the application and supporting documentation under subdivision (B)(e) or (B)(f), a copy of the Agency's final determination accompanied by a certification that the actual remediation costs incurred for the development and implementation of the Remedial Action Plan are equal to or less than the costs approved in the Agency's final determination on the budget plan. The certification must be signed by the Remediation Applicant and notarized. Based on that submission, the Agency is not required to conduct further review of the costs incurred for development and implementation of the Remedial Action Plan and may approve costs as submitted.
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(3) Within 35 days after receipt of an Agency letter
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disapproving or modifying an application for approval of remediation costs, the Remediation Applicant may appeal the Agency's decision to the Board in the manner provided for the review of permits in Section 40 of this Act.
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(i) (1) A Remediation Applicant may obtain a preliminary
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review of estimated remediation costs for the development and implementation of the Remedial Action Plan by submitting a budget plan along with the Remedial Action Plan. The budget plan must be set forth on forms prescribed and provided by the Agency and must include, but is not limited to, line item estimates of the costs associated with each line item (such as personnel, equipment, and materials) that the Remediation Applicant anticipates will be incurred for the development and implementation of the Remedial Action Plan. The Agency must review the budget plan along with the Remedial Action Plan to determine whether the estimated costs submitted are remediation costs and whether the costs estimated for the activities are reasonable.
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(2) If the Remedial Action Plan is amended by the
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Remediation Applicant or as a result of Agency action, the corresponding budget plan must be revised accordingly and resubmitted for Agency review.
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(3) The budget plan must be accompanied by the
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applicable fee as set forth in subdivision (B)(j).
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(4) Submittal of a budget plan must be deemed an
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automatic 60‑day waiver of the Remedial Action Plan review deadlines set forth in this subsection (B) and rules adopted under this subsection (B).
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(5) Within the applicable period of review, the
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Agency must issue a letter to the Remediation Applicant approving, disapproving, or modifying the estimated remediation costs submitted in the budget plan. If a budget plan is disapproved or approved with modification of estimated remediation costs, the Agency's letter must set forth the reasons for the disapproval or modification.
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(6) Within 35 days after receipt of an Agency letter
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disapproving or modifying a budget plan, the Remediation Applicant may appeal the Agency's decision to the Board in the manner provided for the review of permits in Section 40 of this Act.
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(j) The fees for reviews conducted by the Agency under this subsection (B)
are in
addition to any other fees or payments for Agency services rendered pursuant to
the Site Remediation Program and are as follows:
(1) The fee for an application for review of
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remediation costs is $1,000 for each site reviewed.
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(2) The fee for the review of the budget plan
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submitted under subdivision (B)(i) is $500 for each site reviewed.
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The application fee and the fee for the review of the budget plan must be
made payable to the State of Illinois, for
deposit into the Brownfields Redevelopment Fund.
(k) Moneys in the Brownfields Redevelopment Fund may be used for the
purposes of this Section, including payment for the costs of
administering this subsection (B).
Any moneys remaining in the Brownfields Site Restoration Program Fund on the
effective date of this amendatory Act of the 92nd General Assembly shall be
transferred to the Brownfields Redevelopment Fund.
Total payments made to all Remediation Applicants by the Agency for purposes of
this subsection (B) must not exceed $1,000,000 in State fiscal year 2002.
(l) The Department and the Agency are authorized to enter into any
contracts
or
agreements that may be necessary to carry out their duties and responsibilities
under this subsection (B).
(m) Within 6 months after the effective date of this amendatory Act of
2002,
the Department of Commerce and Community Affairs (now Department of Commerce and Economic Opportunity) and the Agency must propose
rules prescribing procedures and
standards for the administration of this subsection (B). Within 9 months after
receipt of the proposed rules, the Board shall adopt on second notice, pursuant
to Sections 27 and 28 of this Act and the Illinois Administrative Procedures
Act, rules that are consistent with this subsection (B). Prior to the
effective date
of rules adopted under this subsection (B), the Department of Commerce and
Community
Affairs (now Department of Commerce and Economic Opportunity)
and the Agency may conduct
reviews of applications under this subsection (B) and the Agency is further
authorized
to distribute guidance documents on costs that are eligible or ineligible as
remediation costs.
(Source: P.A. 94‑793, eff. 5‑19‑06.)
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