Illinois 98th Regular Session Status: Enacted

SB 72 — EPA-INDUSTRIAL HYGIENIST

Last action — Public Act . . . . . . . . . 98-0078

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed House
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced January 16, 2013. Enacted.

Prognosis

Likely to advance 70% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 1 sponsor

    0 primary, 1 co-sponsors signed on.

  • Cleared a recorded vote

    Passed 2 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

Amends the State Finance Act. Repeals the Industrial Hygiene Regulatory and Enforcement Fund. Repeals the Industrial Hygienists Licensure Act. Amends the Environmental Protection Act. Provides for the transfer of funds from the Industrial Hygiene Regulatory and Enforcement Fund to the Environmental Protection Permit and Inspection Fund. Provides that a community water supply that is exempt from regulation under the Public Water Supply Operations Act does not have to register a person who is in charge of the community water supply in order to be exempt from the Illinois Pollution Control Board's mandatory chlorination requirements. Recognizes Certified Industrial Hygienists certified by the American Board of Industrial Hygiene as environmental professionals who may, among other things, conduct Phase I and Phase II Environmental Audits. Amends the Rivers, Lakes, and Streams Act. Requires the Environmental Protection Agency to report on the water quality of Lake Michigan every 2 years or at the direction of the Governor (rather than every year or at the direction of the Governor). Effective immediately, except that the repeal of the Industrial Hygiene Regulatory and Enforcement Fund takes place on January 1, 2014.

Bill Text

What changed in the latest version

50 added · 50 removed

Plain-language change summary

The amendments to SB 72 include changes to the powers and duties of the Department of Asbestos Abatement. The revised bill clarifies that the Department can create rules regarding the licensing and training of individuals and firms involved in asbestos inspection and abatement, ensuring compliance with federal standards. This change is significant because it establishes clear guidelines for professionals in the field, which can enhance safety and regulatory compliance during asbestos removal processes. Overall, it aims to improve public health protections related to asbestos exposure.

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SB0072 Engrossed LRB098 02802 JDS 32810 b AN ACT concerning safety.
SB0072 Enrolled LRB098 02802 JDS 32810 b AN ACT concerning safety.
(b) Rules promulgated by the Department shall include, but not be limited to, rules relating to the correct and safe performance of response action services, rules for the assessment of civil penalties for violations of this Act or SB0072 Engrossed - 2 - LRB098 02802 JDS 32810 b rules promulgated under it, and rules providing for the training and licensing of persons and firms (i) to perform asbestos inspection, (ii) to perform abatement work, and (iii) to serve as asbestos abatement contractors, response action contractors, and asbestos workers.
(b) Rules promulgated by the Department shall include, but not be limited to, rules relating to the correct and safe performance of response action services, rules for the assessment of civil penalties for violations of this Act or SB0072 Enrolled - 2 - LRB098 02802 JDS 32810 b rules promulgated under it, and rules providing for the training and licensing of persons and firms (i) to perform asbestos inspection, (ii) to perform abatement work, and (iii) to serve as asbestos abatement contractors, response action contractors, and asbestos workers.
(d) The provisions of the Illinois Administrative Procedure Act are hereby expressly adopted and shall apply to SB0072 Engrossed - 3 - LRB098 02802 JDS 32810 b all administrative rules and procedures of the Department of Public Health under this Act, except that in case of conflict between the Illinois Administrative Procedure Act and this Act the provisions of this Act shall control, and except that Section 5-35 of the Illinois Administrative Procedure Act relating to procedures for rulemaking does not apply to the adoption of any rule required by federal law in connection with which the Department is precluded by law from exercising any discretion.
(d) The provisions of the Illinois Administrative Procedure Act are hereby expressly adopted and shall apply to SB0072 Enrolled - 3 - LRB098 02802 JDS 32810 b all administrative rules and procedures of the Department of Public Health under this Act, except that in case of conflict between the Illinois Administrative Procedure Act and this Act the provisions of this Act shall control, and except that Section 5-35 of the Illinois Administrative Procedure Act relating to procedures for rulemaking does not apply to the adoption of any rule required by federal law in connection with which the Department is precluded by law from exercising any discretion.
Notice shall be provided by certified mail, return receipt requested, or by personal service setting forth the particular response for the proposed action and fixing a date, not less than 15 days from the date of such mailing or service, at which time the applicant, asbestos abatement contractor, or license holder SB0072 Engrossed - 4 - LRB098 02802 JDS 32810 b shall be given an opportunity to request hearing.
Notice shall be provided by certified mail, return receipt requested, or by personal service setting forth the particular response for the proposed action and fixing a date, not less than 15 days from the date of such mailing or service, at which time the applicant, asbestos abatement contractor, or license holder SB0072 Enrolled - 4 - LRB098 02802 JDS 32810 b shall be given an opportunity to request hearing.
All SB0072 Engrossed - 5 - LRB098 02802 JDS 32810 b subpoenas and subpoenas duces tecum issued under this Act may be served by any person of legal age.
All SB0072 Enrolled - 5 - LRB098 02802 JDS 32810 b subpoenas and subpoenas duces tecum issued under this Act may be served by any person of legal age.
SB0072 Engrossed - 6 - LRB098 02802 JDS 32810 b The Director or Hearing Officer, or any party in an investigation or hearing before the Department, may cause the depositions of witnesses within this State to be taken in the manner prescribed by law for like depositions in civil actions in courts of this State, and, to that end, compel the attendance of witnesses and the production of books, papers, records, or memoranda.
SB0072 Enrolled - 6 - LRB098 02802 JDS 32810 b The Director or Hearing Officer, or any party in an investigation or hearing before the Department, may cause the depositions of witnesses within this State to be taken in the manner prescribed by law for like depositions in civil actions in courts of this State, and, to that end, compel the attendance of witnesses and the production of books, papers, records, or memoranda.
The Department shall promote and encourage minorities and SB0072 Engrossed - 7 - LRB098 02802 JDS 32810 b females and minority and female owned entities to apply for licensure under this Act as either licensed lead abatement workers or licensed lead abatement contractors.
The Department shall promote and encourage minorities and SB0072 Enrolled - 7 - LRB098 02802 JDS 32810 b females and minority and female owned entities to apply for licensure under this Act as either licensed lead abatement workers or licensed lead abatement contractors.
SB0072 Engrossed - 8 - LRB098 02802 JDS 32810 b (a) The Board may adopt regulations governing the location, design, construction, and continuous operation and maintenance of public water supply installations, changes or additions which may affect the continuous sanitary quality, mineral quality, or adequacy of the public water supply, pursuant to Title VII of this Act.
SB0072 Enrolled - 8 - LRB098 02802 JDS 32810 b (a) The Board may adopt regulations governing the location, design, construction, and continuous operation and maintenance of public water supply installations, changes or additions which may affect the continuous sanitary quality, mineral quality, or adequacy of the public water supply, pursuant to Title VII of this Act.
(6) Has a certified operator of the proper class, or if it is an exempt community public water supply, under the Public Water Supply Operations Act has a registered person SB0072 Engrossed - 9 - LRB098 02802 JDS 32810 b responsible in charge of operation of the public water supply;
(6) Has a certified operator of the proper class, or if it is an exempt community public water supply, under the Public Water Supply Operations Act has a registered person SB0072 Enrolled - 9 - LRB098 02802 JDS 32810 b responsible in charge of operation of the public water supply;
------------------------------------------------------------ SB0072 Engrossed - 10 - LRB098 02802 JDS 32810 b Shall the community water supply of .....
------------------------------------------------------------ SB0072 Enrolled - 10 - LRB098 02802 JDS 32810 b Shall the community water supply of .....
SB0072 Engrossed - 11 - LRB098 02802 JDS 32810 b (Source:
SB0072 Enrolled - 11 - LRB098 02802 JDS 32810 b (Source:
(B) 9 cents or $18.18 per cubic yard, if the hazardous waste disposal site is located on the site SB0072 Engrossed - 12 - LRB098 02802 JDS 32810 b where such waste was produced, provided however the maximum amount of fees payable under this paragraph (B) is $30,000 per year for each such hazardous waste disposal site.
(B) 9 cents or $18.18 per cubic yard, if the hazardous waste disposal site is located on the site SB0072 Enrolled - 12 - LRB098 02802 JDS 32810 b where such waste was produced, provided however the maximum amount of fees payable under this paragraph (B) is $30,000 per year for each such hazardous waste disposal site.
SB0072 Engrossed - 13 - LRB098 02802 JDS 32810 b (3) The Agency shall have the authority to accept, receive, and administer on behalf of the State any moneys made available to the State from any source for the purposes of the Hazardous Waste Fund set forth in subsection (d) of this Section.
SB0072 Enrolled - 13 - LRB098 02802 JDS 32810 b (3) The Agency shall have the authority to accept, receive, and administer on behalf of the State any moneys made available to the State from any source for the purposes of the Hazardous Waste Fund set forth in subsection (d) of this Section.
(6) For the purposes of this subsection (b), "monofill" SB0072 Engrossed - 14 - LRB098 02802 JDS 32810 b means a facility, or a unit at a facility, that accepts only wastes bearing the same USEPA hazardous waste identification number, or compatible wastes as determined by the Agency.
(6) For the purposes of this subsection (b), "monofill" SB0072 Enrolled - 14 - LRB098 02802 JDS 32810 b means a facility, or a unit at a facility, that accepts only wastes bearing the same USEPA hazardous waste identification number, or compatible wastes as determined by the Agency.
SB0072 Engrossed - 15 - LRB098 02802 JDS 32810 b (2) To meet any requirements which must be met by the State in order to obtain federal funds pursuant to the Comprehensive Environmental Response, Compensation and Liability Act of 1980, (P.L.
SB0072 Enrolled - 15 - LRB098 02802 JDS 32810 b (2) To meet any requirements which must be met by the State in order to obtain federal funds pursuant to the Comprehensive Environmental Response, Compensation and Liability Act of 1980, (P.L.
(e) The Agency shall deposit 10% of all receipts collected under subsection (b) of this Section, but not to exceed $200,000 per year, in the State Treasury to the credit of the SB0072 Engrossed - 16 - LRB098 02802 JDS 32810 b Hazardous Waste Research Fund established by this Act.
(e) The Agency shall deposit 10% of all receipts collected under subsection (b) of this Section, but not to exceed $200,000 per year, in the State Treasury to the credit of the SB0072 Enrolled - 16 - LRB098 02802 JDS 32810 b Hazardous Waste Research Fund established by this Act.
(f) Notwithstanding any other provision or rule of law, and subject only to the defenses set forth in subsection (j) of this Section, the following persons shall be liable for all costs of removal or remedial action incurred by the State of SB0072 Engrossed - 17 - LRB098 02802 JDS 32810 b Illinois or any unit of local government as a result of a release or substantial threat of a release of a hazardous substance or pesticide:
(f) Notwithstanding any other provision or rule of law, and subject only to the defenses set forth in subsection (j) of this Section, the following persons shall be liable for all costs of removal or remedial action incurred by the State of SB0072 Enrolled - 17 - LRB098 02802 JDS 32810 b Illinois or any unit of local government as a result of a release or substantial threat of a release of a hazardous substance or pesticide:
Any monies received by the State of Illinois pursuant to SB0072 Engrossed - 18 - LRB098 02802 JDS 32810 b this subsection (f) shall be deposited in the State Treasury to the credit of the Hazardous Waste Fund.
Any monies received by the State of Illinois pursuant to SB0072 Enrolled - 18 - LRB098 02802 JDS 32810 b this subsection (f) shall be deposited in the State Treasury to the credit of the Hazardous Waste Fund.
(A) any building, structure, installation, SB0072 Engrossed - 19 - LRB098 02802 JDS 32810 b equipment, pipe or pipeline including but not limited to any pipe into a sewer or publicly owned treatment works, well, pit, pond, lagoon, impoundment, ditch, landfill, storage container, motor vehicle, rolling stock, or aircraft;
(A) any building, structure, installation, SB0072 Enrolled - 19 - LRB098 02802 JDS 32810 b equipment, pipe or pipeline including but not limited to any pipe into a sewer or publicly owned treatment works, well, pit, pond, lagoon, impoundment, ditch, landfill, storage container, motor vehicle, rolling stock, or aircraft;
For the purposes of this Section, "fiduciary" means a trustee, executor, administrator, guardian, receiver, conservator or other person SB0072 Engrossed - 20 - LRB098 02802 JDS 32810 b holding a facility or vessel in a fiduciary capacity;
For the purposes of this Section, "fiduciary" means a trustee, executor, administrator, guardian, receiver, conservator or other person SB0072 Enrolled - 20 - LRB098 02802 JDS 32810 b holding a facility or vessel in a fiduciary capacity;
The term "residential property" means single family residences SB0072 Engrossed - 21 - LRB098 02802 JDS 32810 b of one to 4 dwelling units, including accessory land, buildings, or improvements incidental to those dwellings that are exclusively used for the residential use.
The term "residential property" means single family residences SB0072 Enrolled - 21 - LRB098 02802 JDS 32810 b of one to 4 dwelling units, including accessory land, buildings, or improvements incidental to those dwellings that are exclusively used for the residential use.
The exclusion provided under this paragraph shall not apply to any State or local government which has caused or contributed to the release or threatened release of a hazardous substance from the facility, and such a State or local government shall be subject to the provisions of this Act in the same manner and to the same extent, both procedurally and substantively, as any nongovernmental entity, SB0072 Engrossed - 22 - LRB098 02802 JDS 32810 b including liability under Section 22.2(f).
The exclusion provided under this paragraph shall not apply to any State or local government which has caused or contributed to the release or threatened release of a hazardous substance from the facility, and such a State or local government shall be subject to the provisions of this Act in the same manner and to the same extent, both procedurally and substantively, as any nongovernmental entity, SB0072 Enrolled - 22 - LRB098 02802 JDS 32810 b including liability under Section 22.2(f).
(C) an act or omission of a third party other than an employee or agent of the defendant, or other than one whose act or omission occurs in connection with a contractual relationship, existing directly or indirectly, with the defendant (except where the sole contractual arrangement arises from a published tariff and acceptance for carriage by a common carrier by rail), if the defendant establishes by a preponderance of the evidence that (i) he exercised due care with respect to the hazardous substance concerned, taking into consideration the characteristics of such hazardous substance, in light of all relevant facts and circumstances, and (ii) he took precautions against foreseeable acts or omissions of any such third party and the consequences that could foreseeably result from such SB0072 Engrossed - 23 - LRB098 02802 JDS 32810 b acts or omissions;
(C) an act or omission of a third party other than an employee or agent of the defendant, or other than one whose act or omission occurs in connection with a contractual relationship, existing directly or indirectly, with the defendant (except where the sole contractual arrangement arises from a published tariff and acceptance for carriage by a common carrier by rail), if the defendant establishes by a preponderance of the evidence that (i) he exercised due care with respect to the hazardous substance concerned, taking into consideration the characteristics of such hazardous substance, in light of all relevant facts and circumstances, and (ii) he took precautions against foreseeable acts or omissions of any such third party and the consequences that could foreseeably result from such SB0072 Enrolled - 23 - LRB098 02802 JDS 32810 b acts or omissions;
SB0072 Engrossed - 24 - LRB098 02802 JDS 32810 b (A) its directions for storage, handling and use as stated in its label or labeling;
SB0072 Enrolled - 24 - LRB098 02802 JDS 32810 b (A) its directions for storage, handling and use as stated in its label or labeling;
SB0072 Engrossed - 25 - LRB098 02802 JDS 32810 b (5) Nothing in this subsection (j) shall affect or modify in any way the obligations or liability of any person under any other provision of this Act or State or federal law, including common law, for damages, injury, or loss resulting from a release or substantial threat of a release of any hazardous substance or for removal or remedial action or the costs of removal or remedial action of such hazardous substance.
SB0072 Enrolled - 25 - LRB098 02802 JDS 32810 b (5) Nothing in this subsection (j) shall affect or modify in any way the obligations or liability of any person under any other provision of this Act or State or federal law, including common law, for damages, injury, or loss resulting from a release or substantial threat of a release of any hazardous substance or for removal or remedial action or the costs of removal or remedial action of such hazardous substance.
(ii) The defendant is a government entity which acquired the facility by escheat, or through any other involuntary transfer or acquisition, or through the exercise of eminent domain authority by purchase or SB0072 Engrossed - 26 - LRB098 02802 JDS 32810 b condemnation.
(ii) The defendant is a government entity which acquired the facility by escheat, or through any other involuntary transfer or acquisition, or through the exercise of eminent domain authority by purchase or SB0072 Enrolled - 26 - LRB098 02802 JDS 32810 b condemnation.
Notwithstanding this paragraph (6), if the defendant obtained actual knowledge of the release or threatened release of a hazardous substance at SB0072 Engrossed - 27 - LRB098 02802 JDS 32810 b such facility when the defendant owned the real property and then subsequently transferred ownership of the property to another person without disclosing such knowledge, such defendant shall be treated as liable under subsection (f) of this Section and no defense under subparagraph (C) of paragraph (1) of this subsection shall be available to such defendant.
Notwithstanding this paragraph (6), if the defendant obtained actual knowledge of the release or threatened release of a hazardous substance at SB0072 Enrolled - 27 - LRB098 02802 JDS 32810 b such facility when the defendant owned the real property and then subsequently transferred ownership of the property to another person without disclosing such knowledge, such defendant shall be treated as liable under subsection (f) of this Section and no defense under subparagraph (C) of paragraph (1) of this subsection shall be available to such defendant.
or SB0072 Engrossed - 28 - LRB098 02802 JDS 32810 b (II) the defendant obtained a Phase II Environmental Audit of the real property that meets or exceeds the requirements of this subparagraph (E), and the Phase II Environmental Audit did not disclose the presence or likely presence of a release or a substantial threat of a release of a hazardous substance or pesticide at, on, to, or from the real property.
or SB0072 Enrolled - 28 - LRB098 02802 JDS 32810 b (II) the defendant obtained a Phase II Environmental Audit of the real property that meets or exceeds the requirements of this subparagraph (E), and the Phase II Environmental Audit did not disclose the presence or likely presence of a release or a substantial threat of a release of a hazardous substance or pesticide at, on, to, or from the real property.
(IV) the defendant fails to maintain a written SB0072 Engrossed - 29 - LRB098 02802 JDS 32810 b compilation and explanatory summary report of the information reviewed in the course of each Environmental Audit under this subparagraph (E);
(IV) the defendant fails to maintain a written SB0072 Enrolled - 29 - LRB098 02802 JDS 32810 b compilation and explanatory summary report of the information reviewed in the course of each Environmental Audit under this subparagraph (E);
An environmental professional may employ persons who are not environmental professionals to assist in the preparation of an Environmental Audit if such persons are under the direct SB0072 Engrossed - 30 - LRB098 02802 JDS 32810 b supervision and control of the environmental professional.
An environmental professional may employ persons who are not environmental professionals to assist in the preparation of an Environmental Audit if such persons are under the direct SB0072 Enrolled - 30 - LRB098 02802 JDS 32810 b supervision and control of the environmental professional.
In addition to the above requirements, the Phase I Environmental Audit shall include a review of recorded land SB0072 Engrossed - 31 - LRB098 02802 JDS 32810 b title records for the purpose of determining whether the real property is subject to an environmental land use restriction such as a No Further Remediation Letter, Environmental Land Use Control, or Highway Authority Agreement.
In addition to the above requirements, the Phase I Environmental Audit shall include a review of recorded land SB0072 Enrolled - 31 - LRB098 02802 JDS 32810 b title records for the purpose of determining whether the real property is subject to an environmental land use restriction such as a No Further Remediation Letter, Environmental Land Use Control, or Highway Authority Agreement.
review information regarding local geology, water well locations, and locations of waters of the State as may be obtained from State, federal, and local government records, including but not limited to the United States Geological Survey, the State Geological Survey of the University of Illinois, and the State Water Survey of the University of SB0072 Engrossed - 32 - LRB098 02802 JDS 32810 b Illinois;
review information regarding local geology, water well locations, and locations of waters of the State as may be obtained from State, federal, and local government records, including but not limited to the United States Geological Survey, the State Geological Survey of the University of Illinois, and the State Water Survey of the University of SB0072 Enrolled - 32 - LRB098 02802 JDS 32810 b Illinois;
The performance SB0072 Engrossed - 33 - LRB098 02802 JDS 32810 b of an Environmental Audit shall in no way entitle a defendant to a presumption of Agency approval or certification of the results of the Environmental Audit.
The performance SB0072 Enrolled - 33 - LRB098 02802 JDS 32810 b of an Environmental Audit shall in no way entitle a defendant to a presumption of Agency approval or certification of the results of the Environmental Audit.
(k) If any person who is liable for a release or substantial threat of release of a hazardous substance or pesticide fails without sufficient cause to provide removal or remedial action upon or in accordance with a notice and request SB0072 Engrossed - 34 - LRB098 02802 JDS 32810 b by the Agency or upon or in accordance with any order of the Board or any court, such person may be liable to the State for punitive damages in an amount at least equal to, and not more than 3 times, the amount of any costs incurred by the State of Illinois as a result of such failure to take such removal or remedial action.
(k) If any person who is liable for a release or substantial threat of release of a hazardous substance or pesticide fails without sufficient cause to provide removal or remedial action upon or in accordance with a notice and request SB0072 Enrolled - 34 - LRB098 02802 JDS 32810 b by the Agency or upon or in accordance with any order of the Board or any court, such person may be liable to the State for punitive damages in an amount at least equal to, and not more than 3 times, the amount of any costs incurred by the State of Illinois as a result of such failure to take such removal or remedial action.
The Agency shall deposit 85% of such fees collected under this subsection in the State Treasury to the credit of SB0072 Engrossed - 35 - LRB098 02802 JDS 32810 b the Hazardous Waste Research Fund;
The Agency shall deposit 85% of such fees collected under this subsection in the State Treasury to the credit of SB0072 Enrolled - 35 - LRB098 02802 JDS 32810 b the Hazardous Waste Research Fund;
In addition to any monies appropriated from the General Revenue Fund, monies in the Fund shall be appropriated by the General Assembly to the SB0072 Engrossed - 36 - LRB098 02802 JDS 32810 b Agency in amounts deemed necessary for manifest, permit, and inspection activities and for processing requests under Section 22.2 (j)(6)(E)(v)(IV).
In addition to any monies appropriated from the General Revenue Fund, monies in the Fund shall be appropriated by the General Assembly to the SB0072 Enrolled - 36 - LRB098 02802 JDS 32810 b Agency in amounts deemed necessary for manifest, permit, and inspection activities and for processing requests under Section 22.2 (j)(6)(E)(v)(IV).
(2) $9,000 ($18,000 beginning in 2004) for a hazardous waste disposal site receiving hazardous waste if the SB0072 Engrossed - 37 - LRB098 02802 JDS 32810 b hazardous waste disposal site is located on the site where such waste was produced;
(2) $9,000 ($18,000 beginning in 2004) for a hazardous waste disposal site receiving hazardous waste if the SB0072 Enrolled - 37 - LRB098 02802 JDS 32810 b hazardous waste disposal site is located on the site where such waste was produced;
SB0072 Engrossed - 38 - LRB098 02802 JDS 32810 b (d) The fee imposed upon a hazardous waste disposal site under this Section shall be the exclusive permit and inspection fee applicable to hazardous waste disposal at such site, provided that nothing in this Section shall be construed to diminish or otherwise affect any fee imposed upon the owner or operator of a hazardous waste disposal site by Section 22.2.
SB0072 Enrolled - 38 - LRB098 02802 JDS 32810 b (d) The fee imposed upon a hazardous waste disposal site under this Section shall be the exclusive permit and inspection fee applicable to hazardous waste disposal at such site, provided that nothing in this Section shall be construed to diminish or otherwise affect any fee imposed upon the owner or operator of a hazardous waste disposal site by Section 22.2.
(3) a land treatment facility receiving hazardous SB0072 Engrossed - 39 - LRB098 02802 JDS 32810 b waste;
(3) a land treatment facility receiving hazardous SB0072 Enrolled - 39 - LRB098 02802 JDS 32810 b waste;
The program shall provide guidance for assessing the threat SB0072 Engrossed - 40 - LRB098 02802 JDS 32810 b of soil agrichemical contaminants to groundwater and recommending which sites need to establish a voluntary corrective action program.
The program shall provide guidance for assessing the threat SB0072 Enrolled - 40 - LRB098 02802 JDS 32810 b of soil agrichemical contaminants to groundwater and recommending which sites need to establish a voluntary corrective action program.
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When a remediation plan must be carried out over a number of years due to limited financial resources of the owner or operator of the agrichemical facility, those soil agrichemical contaminated areas that have the greatest potential to adversely impact vulnerable Class I groundwater aquifers and SB0072 Engrossed - 41 - LRB098 02802 JDS 32810 b adjacent potable water wells shall receive the highest priority rating and be remediated first.
When a remediation plan must be carried out over a number of years due to limited financial resources of the owner or operator of the agrichemical facility, those soil agrichemical contaminated areas that have the greatest potential to adversely impact vulnerable Class I groundwater aquifers and SB0072 Enrolled - 41 - LRB098 02802 JDS 32810 b adjacent potable water wells shall receive the highest priority rating and be remediated first.
If a civil proceeding is commenced against a SB0072 Engrossed - 42 - LRB098 02802 JDS 32810 b Board member arising out of an act or omission occurring within the scope of the Board member's performance of his or her duties under this Section, the State, as provided by rule, shall indemnify the Board member for any damages awarded and court costs and attorney's fees assessed as part of a final and unreversed judgement, or shall pay the judgment, unless the court or jury finds that the conduct or inaction that gave rise to the claim or cause of action was intentional, wilful or wanton misconduct and was not intended to serve or benefit interests of the State.
If a civil proceeding is commenced against a SB0072 Enrolled - 42 - LRB098 02802 JDS 32810 b Board member arising out of an act or omission occurring within the scope of the Board member's performance of his or her duties under this Section, the State, as provided by rule, shall indemnify the Board member for any damages awarded and court costs and attorney's fees assessed as part of a final and unreversed judgement, or shall pay the judgment, unless the court or jury finds that the conduct or inaction that gave rise to the claim or cause of action was intentional, wilful or wanton misconduct and was not intended to serve or benefit interests of the State.
(4) Upon completion of the corrective action plan, recommend to the Department that the site-specific cleanup objectives have been met and that a notice of closure be issued by the Department stating that no further remedial action is required to remedy the past agrichemical SB0072 Engrossed - 43 - LRB098 02802 JDS 32810 b contamination.
(4) Upon completion of the corrective action plan, recommend to the Department that the site-specific cleanup objectives have been met and that a notice of closure be issued by the Department stating that no further remedial action is required to remedy the past agrichemical SB0072 Enrolled - 43 - LRB098 02802 JDS 32810 b contamination.
SB0072 Engrossed - 44 - LRB098 02802 JDS 32810 b (4) On approval by the Board, issue an order to the owner or operator of an agrichemical facility that has filed a voluntary corrective action plan that the owner or operator may proceed with that plan.
SB0072 Enrolled - 44 - LRB098 02802 JDS 32810 b (4) On approval by the Board, issue an order to the owner or operator of an agrichemical facility that has filed a voluntary corrective action plan that the owner or operator may proceed with that plan.
Upon completion of the corrective action plan and upon recommendation of the Board, the Department shall issue a SB0072 Engrossed - 45 - LRB098 02802 JDS 32810 b notice of closure stating that site-specific cleanup objectives have been met and no further remedial action is required to remedy the past agrichemical contamination.
Upon completion of the corrective action plan and upon recommendation of the Board, the Department shall issue a SB0072 Enrolled - 45 - LRB098 02802 JDS 32810 b notice of closure stating that site-specific cleanup objectives have been met and no further remedial action is required to remedy the past agrichemical contamination.
SB0072 Engrossed - 46 - LRB098 02802 JDS 32810 b (f) When agrichemical contamination is characterized as in subdivision (e)(1) of this Section, a facility may elect to participate in the Agrichemical Facility Response Action Program.
SB0072 Enrolled - 46 - LRB098 02802 JDS 32810 b (f) When agrichemical contamination is characterized as in subdivision (e)(1) of this Section, a facility may elect to participate in the Agrichemical Facility Response Action Program.
(5) The Department, in cooperation with the Illinois Environmental Protection Agency, shall recommend a proposed corrective action plan to the Board for final SB0072 Engrossed - 47 - LRB098 02802 JDS 32810 b approval to proceed with remediation.
(5) The Department, in cooperation with the Illinois Environmental Protection Agency, shall recommend a proposed corrective action plan to the Board for final SB0072 Enrolled - 47 - LRB098 02802 JDS 32810 b approval to proceed with remediation.
(h) Except as otherwise provided by Department rule, on and after the effective date of this amendatory Act of the 98th General Assembly, any Agrichemical Facility Response Action Program requirement that may be satisfied by an industrial hygienist licensed pursuant to the Industrial Hygienists SB0072 Engrossed - 48 - LRB098 02802 JDS 32810 b Licensure Act repealed in this amendatory Act may be satisfied by a Certified Industrial Hygienist certified by the American Board of Industrial Hygiene.
(h) Except as otherwise provided by Department rule, on and after the effective date of this amendatory Act of the 98th General Assembly, any Agrichemical Facility Response Action Program requirement that may be satisfied by an industrial hygienist licensed pursuant to the Industrial Hygienists SB0072 Enrolled - 48 - LRB098 02802 JDS 32810 b Licensure Act repealed in this amendatory Act may be satisfied by a Certified Industrial Hygienist certified by the American Board of Industrial Hygiene.
Results of SB0072 Engrossed - 49 - LRB098 02802 JDS 32810 b such surveys shall be made available, without charge, to all interested persons and agencies.
Results of SB0072 Enrolled - 49 - LRB098 02802 JDS 32810 b such surveys shall be made available, without charge, to all interested persons and agencies.
This Act takes effect upon SB0072 Engrossed - 50 - LRB098 02802 JDS 32810 b becoming law.
This Act takes effect upon SB0072 Enrolled - 50 - LRB098 02802 JDS 32810 b becoming law.
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Action History

  1. Public Act . . . . . . . . . 98-0078

  2. Effective Date July 15, 2013

  3. Governor Approved

  4. Sent to the Governor

  5. Passed Both Houses

  6. Third Reading - Short Debate - Passed 112-000-000

  7. Placed on Calendar Order of 3rd Reading - Short Debate

  8. Second Reading - Short Debate

  9. Placed on Calendar 2nd Reading - Short Debate

  10. Do Pass / Short Debate Environment; 015-000-000

  11. Assigned to Environment

  12. Referred to Rules Committee

  13. First Reading

  14. Chief House Sponsor Rep. Michael W. Tryon

  15. Arrived in House

  16. Third Reading - Passed; 049-000-000

  17. Placed on Calendar Order of 3rd Reading April 10, 2013

  18. Second Reading

  19. Placed on Calendar Order of 2nd Reading March 19, 2013

  20. Do Pass as Amended Environment; 007-000-001

  21. Senate Committee Amendment No. 1 Adopted

  22. Postponed - Environment

  23. Senate Committee Amendment No. 1 Assignments Refers to Environment

  24. Senate Committee Amendment No. 1 Referred to Assignments

  25. Senate Committee Amendment No. 1 Filed with Secretary by Sen. William R. Haine

  26. Assigned to Environment

  27. Referred to Assignments

  28. First Reading

  29. Filed with Secretary by Sen. William R. Haine

Sponsors

  • William R. Haine · Cosponsor

Sponsorship breakdown

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0 sponsors · 1 co-sponsors · 182 not signed on

Sponsors (0)

None.

Co-sponsors (1)

  • William R. Haine

Not signed on (182)

182 members have not signed on to this bill.

Show all 182 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Third Reading

Passed 112 Yea · 0 Nay · 6 Other
Party YeaNayPresentNot Voting
Unaffiliated 79006
Democrat 25000
Republican 8000
Total 112006
% of votes cast 95%0%0%5%
How each member voted (118)
Member Party Vote
Madigan — Yea
Acevedo — Yea
Arroyo — Yea
Beiser — Yea
Bellock — Yea
Berrios — Yea
Mautino — Yea
Bost — Yea
Brauer — Yea
Brown — Yea
McAsey — Yea
Durkin — Yea
Hatcher — Not Voting
Ives — Yea
Jefferson — Yea
Nekritz — Yea
McAuliffe — Yea
McSweeney — Yea
Bradley — Yea
Mell — Yea
Brady — Yea
Moffitt — Yea
Osmond — Yea
Phelps — Yea
Burke, Daniel — Yea
Senger — Yea
Burke, Kelly — Yea
Mitchell, Bill — Yea
Sente — Yea
Sullivan — Yea
Mitchell, Christian — Yea
Tabares — Yea
Thapedi — Yea
Tryon — Yea
Turner — Yea
Harris, Greg — Yea
Unes — Yea
Verschoore — Yea
Hernandez — Yea
Wheeler — Yea
Williams — Yea
Cavaletto — Yea
Cloonen — Yea
Conroy — Yea
Costello — Yea
Cross — Yea
Currie — Yea
D'Amico — Yea
Fortner — Yea
Franks — Yea
Golar — Yea
Harms — Yea
Hays — Yea
Hurley — Yea
Jackson — Yea
Davis, Monique — Yea
Kosel — Yea
Harris, David — Not Voting
Jones — Not Voting
Lang — Yea
Leitch — Yea
Farnham — Yea
Willis — Yea
Yingling — Yea
Zalewski — Not Voting
Demmer — Yea
Drury — Yea
Dunkin — Yea
Flowers — Not Voting
Jakobsson — Yea
Kay — Yea
Pihos — Yea
Poe — Yea
Pritchard — Yea
Reboletti — Yea
Reis — Not Voting
Riley — Yea
Roth — Yea
Sacia — Yea
Sandack — Yea
Schmitz — Yea
Smiddy — Yea
Sommer — Yea
Soto — Yea
Chapa LaVia — Yea
Anthony DeLuca Democrat Yea
Camille Y. Lilly Democrat Yea
Elgie R. Sims, Jr. Democrat Yea
Emanuel "Chris" Welch Democrat Yea
Fred Crespo Democrat Yea
Jay Hoffman Democrat Yea
Jehan Gordon-Booth Democrat Yea
Julie A. Morrison Democrat Yea
Kelly M. Cassidy Democrat Yea
La Shawn K. Ford Democrat Yea
Laura Fine Democrat Yea
Lawrence "Larry" Walsh, Jr. Democrat Yea
Marcus C. Evans, Jr. Democrat Yea
Martin J. Moylan Democrat Yea
Michelle Mussman Democrat Yea
Natalie A. Manley Democrat Yea
Nicholas K. Smith Democrat Yea
Rita Mayfield Democrat Yea
Robert "Bob" Rita Democrat Yea
Robert F. Martwick Democrat Yea
Robyn Gabel Democrat Yea
Sara Feigenholtz Democrat Yea
Stephanie A. Kifowit Democrat Yea
Sue Scherer Democrat Yea
William "Will" Davis Democrat Yea
Brad Halbrook Republican Yea
Charles Meier Republican Yea
Christopher "C.D." Davidsmeyer Republican Yea
Jil Tracy Republican Yea
Joe C. Sosnowski Republican Yea
John M. Cabello Republican Yea
Norine K. Hammond Republican Yea
Wayne A. Rosenthal Republican Yea

Official roll call →

Third Reading

Passed 49 Yea · 0 Nay · 10 Other
Party YeaNayPresentNot Voting
Unaffiliated 35008
Democrat 11002
Republican 3000
Total 490010
% of votes cast 83%0%0%17%
How each member voted (59)
Member Party Vote
LaHood — Yea
Althoff — Yea
Martinez — Yea
Barickman — Yea
Bertino-Tarrant — Not Voting
Biss — Yea
Bivins — Yea
Bush — Yea
Mulroe — Yea
Hutchinson — Yea
Kotowski — Yea
Landek — Not Voting
Link — Not Voting
Luechtefeld — Yea
Manar — Yea
McCann — Not Voting
McCarter — Yea
McConnaughay — Yea
Harris — Yea
Muñoz — Yea
Brady — Yea
Noland — Yea
Oberweis — Yea
Radogno — Yea
McGuire — Yea
Sullivan — Yea
Jacobs — Yea
Silverstein — Yea
Cullerton, T. — Yea
Cullerton — Yea
Steans — Yea
Trotter — Not Voting
Clayborne — Not Voting
Connelly — Yea
Dillard — Yea
Duffy — Yea
Forby — Yea
Frerichs — Yea
Haine — Yea
Raoul — Yea
Righter — Not Voting
Sandoval — Not Voting
Van Pelt — Yea
Bill Cunningham Democrat Yea
David Koehler Democrat Yea
Don Harmon Democrat Yea
Emil Jones, III Democrat Yea
Eva-Dina Delgado Democrat Yea
Julie A. Morrison Democrat Yea
Kimberly A. Lightford Democrat Not Voting
Lakesia Collins Democrat Yea
Laura M. Murphy Democrat Yea
Linda Holmes Democrat Yea
Mattie Hunter Democrat Yea
Michael E. Hastings Democrat Not Voting
Steve Stadelman Democrat Yea
Chapin Rose Republican Yea
Dave Syverson Republican Yea
Sue Rezin Republican Yea

Official roll call →

Subjects

Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does SB 72 do?
Amends the State Finance Act. Repeals the Industrial Hygiene Regulatory and Enforcement Fund. Repeals the Industrial Hygienists Licensure Act. Amends the Environmental Protection Act. Provides for the transfer of funds from the Industrial Hygiene Regulatory and Enforcement Fund to the Environmental Protection Permit and Inspection Fund. Provides that a community water supply that is exempt from regulation under the Public Water Supply Operations Act does not have to register a person who is in charge of the community water supply in order to be exempt from the Illinois Pollution Control Board's mandatory chlorination requirements. Recognizes Certified Industrial Hygienists certified by the American Board of Industrial Hygiene as environmental professionals who may, among other things, conduct Phase I and Phase II Environmental Audits. Amends the Rivers, Lakes, and Streams Act. Requires the Environmental Protection Agency to report on the water quality of Lake Michigan every 2 years or at the direction of the Governor (rather than every year or at the direction of the Governor). Effective immediately, except that the repeal of the Industrial Hygiene Regulatory and Enforcement Fund takes place on January 1, 2014.
Who sponsors SB 72?
SB 72 is sponsored by William R. Haine.
What is the current status of SB 72?
This bill has been enacted into law. Introduced January 16, 2013. Enacted.
Where can I track SB 72?
Track SB 72 free on One Click Politics — get push/email alerts when it moves.

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