Illinois 94th Regular Session Status: Enacted

SB 241 — EPA - CONTAMINANT RELEASES

Last action — Public Act . . . . . . . . . 94-0314

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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 February 02, 2005. Enacted.

Prognosis

Likely to advance 78% · 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.

  • 5 sponsors

    0 primary, 5 co-sponsors signed on.

  • Cleared a recorded vote

    Passed 3 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 Environmental Protection Act and Groundwater Protection Act. Authorizes the Director of the Environmental Protection Agency to issue orders requiring an appropriate response from a potentially responsible party in the event of the release or substantial threat of release of a hazardous substance into the environment. Provides that a person may not use, cause the use of, or allow the use of (instead of "use") any site, for which a land use limitation has been imposed, in a manner that is inconsistent with that limitation unless certain conditions have been met. Establishes an internal Agency committee to recommend appropriate action for suspected or confirmed groundwater contamination and, among other things, requires the Agency to give notice of the actual or potential impact of the contamination to property owners served by the affected water system. Creates the Right-to-Know Committee to provide notice to the public about releases or suspected releases of contaminants in the State. Makes other changes. Effective immediately.

Bill Text

What changed in the latest version

479 added · 527 removed

Plain-language change summary

The changes in SB 241 clarify the authority of the Director to address environmental emergencies more swiftly by allowing for immediate orders for response actions without delaying until after those actions are completed. This ensures that the government can better protect public health and the environment when hazardous materials are involved. Furthermore, it specifies that those affected by the orders can seek to recover their costs if certain conditions are met, which could encourage more responsible remediation efforts. Overall, these adjustments aim to enhance the effectiveness of environmental response while also providing necessary protections for those acting on the orders.

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SB0241 Engrossed LRB094 07834 RSP 38014 b AN ACT concerning safety.
SB0241 Enrolled LRB094 07834 RSP 38014 b AN ACT concerning safety.
The Environmental Protection Act is amended by changing Section 58.8, and by adding Sections 22.2d, 22.50, and Title VI-D as follows:
The Environmental Protection Act is amended by changing Section 58.8 and by adding Sections 22.2d, 22.50, and Title VI-D as follows:
(a) The purpose of this Section is to allow the Director to quickly and effectively respond to imminent and substantial endangerment to the public health or welfare or the environment as a result of a release or substantial threat of a release of a hazardous substance, pesticide, or petroleum by authorizing the Director to issue orders, unilaterally or on consent, requiring appropriate response actions and by delaying the review of those orders until after the response actions have been completed.
(a) The purpose of this Section is to allow the Director to quickly and effectively respond to a release or substantial threat of a release of a hazardous substance, pesticide, or petroleum for which the Agency is required to give notice under Section 25d-3(a) of this Act by authorizing the Director to issue orders, unilaterally or on consent, requiring appropriate response actions and by providing for the exclusive administrative and judicial review of these orders.
This Section is also intended to allow persons subject to such orders to recover the costs of complying with the orders if they are not liable under this Act for the release or threat of a release or if the Director’s decision in selecting the ordered response action was arbitrary and capricious or was otherwise not in accordance with law.
This Section is also intended to allow persons subject to an order under this Section to recover the costs of complying with the order if it is overturned or if they remediate the share of a release or threat of a release for which a bankrupt or insolvent party is liable under this Act.
The intent of this Section is to provide the Director with order authority analogous to the order authority under Section 106(a) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (P.L.
(b) In addition to any other action taken by federal, State, or local government, for any release or substantial threat of release for which the Agency is required to give notice under Section 25d-3(a) of this Act, the Director may issue to any person who is potentially liable under this Act for the release or substantial threat of release any order that may be necessary to protect the public health and welfare and the environment.
96-510), as amended ("CERCLA"), to allow reimbursement of response costs analogous to the reimbursement of response costs allowed under Section 106(b) of CERCLA, and to limit the review of orders issued under this Section to the same extent that the review of orders issued under Section 106 of CERCLA are limited by Section 113(h) of CERCLA.
(1) Any order issued under this Section shall require response actions consistent with the federal regulations and amendments thereto promulgated by the United States SB0241 Enrolled - 2 - LRB094 07834 RSP 38014 b Environmental Protection Agency to implement Section 105 of CERCLA, as amended, except that the remediation objectives for response actions ordered under this Section shall be determined in accordance with the risk-based remediation objectives adopted by the Board under Title XVII of this Act.
SB0241 Engrossed - 2 - LRB094 07834 RSP 38014 b (b) In addition to any other action taken by federal, State, or local government, when the Director determines that there may be an imminent and substantial endangerment to the public health or welfare or the environment as a result of a release or substantial threat of a release of a hazardous substance, pesticide, or petroleum, the Director may issue to any person who is potentially liable under this Act for the release or substantial threat of a release any order that may be necessary to protect the public health and welfare and the environment.
In determining the presence of an imminent and substantial endangerment, the Director shall consider:
the quantities of hazardous substances, pesticides, or petroleum involved;
the nature and degree of the hazard caused by the hazardous substances, pesticides, or petroleum;
and the likelihood of human or environmental exposure.
(1) Any order issued under this Section shall require response actions consistent with the federal regulations and amendments thereto promulgated by the United States Environmental Protection Agency to implement Section 105 of CERCLA, as amended, except that the remediation objectives for response actions ordered under this Section shall be determined in accordance with the risk-based remediation objectives adopted by the Board under Title XVII of this Act.
and SB0241 Engrossed - 3 - LRB094 07834 RSP 38014 b (C) the period of time, not to exceed 30 days from the date of issuance of the Special Notice Letter, during which the Agency is ready to negotiate with the recipient regarding their response to the release or threat of a release.
and (C) the period of time, not less than 30 days from the date of issuance of the Special Notice Letter, during which the Agency is ready to negotiate with the recipient regarding their response to the release or threat of a release.
In an effort to encourage the prompt negotiation of a settlement agreement or an order on consent, the Director shall not issue any unilateral order under this Section during the period of time specified by the Agency in the Special Notice Letter in accordance with item (2)(C) of this subsection.
(3) To encourage the prompt negotiation of a settlement agreement or an order on consent with a recipient of a Special Notice Letter required under this Section, the Director shall not issue any unilateral order under this Section to the recipient during the 30 days immediately following the date of issuance of the Special Notice Letter.
(c) Any person who, without sufficient cause, willfully violates or fails or refuses to comply with any order issued under this Section is in violation of this Act.
(c) (1) The recipient of a unilateral order issued by the Director under this Section may petition the Board for a hearing on the order within 35 days after being served with the order.
The Board shall take final action on the petition within 60 days after the date the petition is filed with the Board unless all parties to the proceeding agree to the extension.
If SB0241 Enrolled - 3 - LRB094 07834 RSP 38014 b necessary to expedite the hearing and decision, the Board may hold special meetings of the Board and may provide for alternative public notice of the hearing and meeting, other than as otherwise required by law.
In any hearing on the order the Agency shall have the burden of proof to establish that the petitioner is liable under this Act for the release or threat of release and that the actions required by the order are consistent with the requirements of subsection (b)(1) of this Section.
The Board shall sustain the order if the petitioner is liable under this Act for the release or threat of release and to the extent the actions ordered are consistent with the requirements of subsection (b)(1) of this Section and are not otherwise unreasonable under the circumstances.
(A) The order issued by the Agency shall remain in full force and effect pending the Board’s final action on the petition for review of the order, provided that the Board may grant a stay of all or a portion of the order if it finds that (i) there is a substantial likelihood that the petitioner is not liable under this Act for the release or threat of release or (ii) there is a substantial likelihood that the actions required by the order are not consistent with the requirements of subsection (b)(1) of this Section and that the harm to the public from a stay of the order will be outweighed by the harm to the petitioner if a stay is not granted.
Any stay granted by the Board under this subsection (c)(1)(A) shall expire upon the Board’s issuance of its final action on the petition for review of the order.
(B) If the Board finds that the petitioner is not liable under this Act for the release or threat of release it may authorize the payment of (i) all reasonable response costs incurred by the petitioner to comply with the order if it finds the petitioner’s actions were consistent with the requirements of subsection (b)(1) of this Section and (ii) the petitioner’s reasonable and appropriate costs, fees, and expenses incurred in petitioning the Board for SB0241 Enrolled - 4 - LRB094 07834 RSP 38014 b review of the order, including, but not limited to, reasonable attorneys’ fees and expenses.
(2) Any party to a Board hearing under this subsection (c) may obtain judicial review, by filing a petition for review within 35 days from the date that a copy of the Board’s final action sought to be reviewed was served upon the party affected by the final Board action complained of, under the provisions of the Administrative Review Law and the rules adopted pursuant thereto, except that the review shall be afforded in the appellate court for the district in which the cause of action arose and not in the circuit court.
The appellate court shall retain jurisdiction during the pendency of any further action conducted by the Board under an order by the appellate court.
The appellate court shall have jurisdiction to review all issues of law and fact presented upon appeal.
(A) The order issued by the Agency shall remain in full force and effect pending the appellate court’s ruling on the order, provided that the appellate court may grant a stay of all or a portion of the order if it finds that (i) there is a substantial likelihood that the petitioner is not liable under this Act for the release or threat of release or (ii) there is a substantial likelihood that the actions required by the order are not consistent with the requirements of subsection (b)(1) of this Section and that the harm to the public from a stay of the order will be outweighed by the harm to the petitioner if a stay is not granted.
Any stay granted by the appellate court under this subsection (c)(2)(A) shall expire upon the issuance of the appellate court’s ruling on the appeal of the Board’s final action.
(B) If the appellate court finds that the petitioner is not liable under this Act for the release or threat of release it may authorize the payment of (i) all reasonable response costs incurred by the petitioner to comply with the order if it finds that the petitioner’s actions were consistent with the requirements of subsection (b)(1) of SB0241 Enrolled - 5 - LRB094 07834 RSP 38014 b this Section and (ii) the petitioner’s reasonable and appropriate costs, fees, and expenses incurred in petitioning the Appellate Court for review of the order, including, but not limited to, reasonable attorneys’ fees and expenses.
Reimbursement for costs associated with a release or threat of a release of hazardous substance, pesticide, or petroleum must be made from the Hazardous Waste Fund.
(3) Except as provided in item (4) of this subsection (d), to obtain reimbursement, the petitioner must establish, by a preponderance of the evidence, that:
(3) To obtain reimbursement, the petitioner must establish, by a preponderance of the evidence, that:
(A) either:
(A) the only costs for which the petitioner seeks reimbursement are costs incurred by the petitioner in remediating the share of a release or threat of a release for which a bankrupt or insolvent party is liable under this Act, the costs of the share are a fair and accurate apportionment among the persons potentially liable under this Act for the release or threat of a release, and the bankrupt or insolvent party failed to pay the costs of the share;
(i) the petitioner is not liable under this Act for the release or threat of a release to which the relevant order applies or (ii) the only costs SB0241 Engrossed - 4 - LRB094 07834 RSP 38014 b for which the petitioner seeks reimbursement are costs incurred by the petitioner in remediating the share of a release or threat of a release for which a bankrupt or insolvent party is in whole or in part liable under this Act, the costs of the share are a fair and accurate apportionment among the persons potentially liable under this Act for the release or threat of a release, and the bankrupt or insolvent party failed to pay the costs of the share;
and (B) the petitioner’s response actions were consistent with the federal regulations and amendments thereto promulgated by the Administrator of the United States Environmental Protection Agency to implement Section 105 of CERCLA, as amended, except that the remediation objectives for response actions shall be determined in accordance with the risk-based SB0241 Enrolled - 6 - LRB094 07834 RSP 38014 b remediation objectives adopted by the Board under Title XVII of this Act;
and (B) the petitioner’s response actions were consistent with the federal regulations and amendments thereto promulgated by the Administrator of the United States Environmental Protection Agency to implement Section 105 of CERCLA, as amended, except that the remediation objectives for response actions shall be determined in accordance with the risk-based remediation objectives adopted by the Board under Title XVII of this Act;
(4) A petitioner who is liable under this Act for the release or threat of a release to which the relevant order applies may recover its reasonable costs of response to the extent that it can demonstrate, on the administrative record, that the Director’s decision in selecting the response action ordered was arbitrary and capricious or was otherwise not in accordance with law.
(4) Reimbursement awarded by the Board under item (3) of subsection (d) may include appropriate costs, fees, and other expenses incurred in petitioning the Director or Board for reimbursement under subsection (d), including, but not limited to, reasonable fees and expenses of attorneys.
Reimbursement awarded under this item (4) includes all reasonable response costs incurred by the petitioner under the portions of the order found to be arbitrary and capricious or otherwise not in accordance with law.
(5) Costs paid to a petitioner under a policy of insurance, another written agreement, or a court order are not eligible for payment under this subsection (d).
(5) Reimbursement awarded by the Board under item (3) or (4) of subsection (d) may include appropriate costs, fees, and other expenses incurred in petitioning the Director or Board for reimbursement under subsection (d), SB0241 Engrossed - 5 - LRB094 07834 RSP 38014 b including, but not limited to, reasonable fees and expenses of attorneys.
(6) Costs paid to a petitioner under a policy of insurance, another written agreement, or a court order are not eligible for payment under this subsection (d).
Any monies received by the State under this item (6) shall be deposited into the Hazardous Waste Fund.
Any monies received by the State under this item (5) shall be deposited into the Hazardous Waste Fund.
(e) No court nor the Board has jurisdiction to review any order issued under this Section, in any action except the following:
(e) Except as otherwise provided in subsection (c) of this Section, no court nor the Board has jurisdiction to review any order issued under this Section or any administrative or judicial action related to the order.
(1) An action to enforce an order or to recover a penalty for violation of the order;
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and (2) An action for reimbursement under subsection (d) of this Section.
(h) This Section does not apply to releases or threats of releases from underground storage tanks subject to Title XVI of this Act.
(h) The provisions of Section 58.9 of this Act do not apply SB0241 Enrolled - 7 - LRB094 07834 RSP 38014 b to any action taken under this Section.
(i) This Section does not apply to releases or threats of releases from underground storage tanks subject to Title XVI of this Act.
SB0241 Engrossed - 6 - LRB094 07834 RSP 38014 b (i) The Agency may adopt rules as necessary for the implementation of this Section.
(j) Any person who, without sufficient cause, willfully violates or fails or refuses to comply with any order issued under this Section is in violation of this Act.
The Agency shall consult with affected members of the public during the development of any such rules.
(k) The Agency may adopt rules as necessary for the implementation of this Section.
RIGHT-TO-KNOW (415 ILCS 5/25d-1 new) Sec.
RIGHT-TO-KNOW (415 ILCS 5/25d-1 new) SB0241 Enrolled - 8 - LRB094 07834 RSP 38014 b Sec.
Contaminant evaluation committee.
Contaminant evaluation.
Beginning January 1, 2006, the Agency shall establish, internally within SB0241 Engrossed - 7 - LRB094 07834 RSP 38014 b the Agency, a contaminant evaluation committee to evaluate releases of contaminants.
The Agency shall evaluate releases of contaminants whenever it determines that the extent of soil or groundwater contamination may extend beyond the boundary of the site where the release occurred.
The committee shall perform this evaluation whenever the Agency determines that the extent of soil or groundwater contamination may extend beyond the boundary of the site where the release occurred.
The Agency shall take appropriate actions in response to the release, which may include, but shall not be limited to, public notices, investigations, administrative orders under Sections 22.2d or 57.12(d) of this Act, and enforcement referrals.
The committee shall recommend appropriate Agency actions in response to the release, which may include, but shall not be limited to, public notices, investigations, administrative orders under Sections 22.2d or 57.12(d) of this Act, and enforcement referrals.
Except as provided in Section 25d-3 of this Act, for releases undergoing investigation or remediation under Agency oversight the Agency may determine that no further action is necessary to comply with this Section.
Committee action.
Notices.
(a) Beginning January 1, 2006, if the committee established under Section 25d-2 of this Title determines that:
(a) Beginning January 1, 2006, if the Agency determines that:
(1) Soil contamination beyond the boundary of the site where the release occurred poses a threat of exposure to the public above the Tier 1 residential remediation objectives adopted by the Board under Title XVII of this Act, the Agency shall give notice of the threat to the owner of the contaminated property;
(1) Soil contamination beyond the boundary of the site where the release occurred poses a threat of exposure to the public above the appropriate Tier 1 remediation objectives, based on the current use of the off-site property, adopted by the Board under Title XVII of this Act, the Agency shall give notice of the threat to the owner of the contaminated property;
(A) for any private, semi-private, or non-community water system, the owners of the properties served by the system;
SB0241 Enrolled - 9 - LRB094 07834 RSP 38014 b (A) for any private, semi-private, or non-community water system, the owners of the properties served by the system;
The committee’s determination must be based on the credible, scientific information available to it, and the Agency is not required to perform additional investigations or studies beyond those required by applicable federal or State laws.
The Agency’s determination must be based on the credible, scientific information available to it, and the Agency is not required to perform additional investigations or studies beyond those required by applicable federal or State laws.
(i) the Agency refers a matter for enforcement SB0241 Engrossed - 8 - LRB094 07834 RSP 38014 b under Section 43(a) of this Act;
(i) the Agency refers a matter for enforcement under Section 43(a) of this Act;
or (iii) the Agency, the United States Environmental Protection Agency (USEPA), or a third party under Agency or USEPA oversight performs an immediate removal under the federal Comprehensive Environmental Response, Compensation, and Liability Act, as amended, then, within 60 days after the action, the Agency must give notice of the action to the owners of all property within 2,500 feet of the subject contamination.
or (iii) the Agency, the United States Environmental Protection Agency (USEPA), or a third party under Agency or USEPA oversight performs an immediate removal under the federal Comprehensive Environmental Response, Compensation, and Liability Act, as amended, then, within 60 days after the action, the Agency must give notice of the action to the owners of all property within 2,500 feet of the subject contamination or any closer or farther distance that the Agency deems appropriate under the circumstances.
(c) Notices required under this Section must be given in accordance with the methods recommended by the Right-to-Know Committee under Section 25d-5 of this Title.
(c) The methods by which the Agency gives the notices required under this Section shall be determined in consultation with members of the public and appropriate members of the regulated community and may include, but shall not be limited to, personal notification, public meetings, signs, electronic notification, and print media.
The notices must contain, at a minimum, the following information:
For sites at which a responsible party has implemented a community relations plan, the Agency may allow the responsible party to provide Agency-approved SB0241 Enrolled - 10 - LRB094 07834 RSP 38014 b notices in lieu of the notices required to be given by the Agency.
Notices issued under this Section may contain the following information:
(d) Any person who is a responsible party with respect to the release or substantial threat of release for which notice SB0241 Engrossed - 9 - LRB094 07834 RSP 38014 b is given under this Section is liable for all reasonable costs incurred by the State in giving the notice.
(d) Any person who is a responsible party with respect to the release or substantial threat of release for which notice is given under this Section is liable for all reasonable costs incurred by the State in giving the notice.
(415 ILCS 5/25d-4 new) Sec.
(415 ILCS 5/25d-4 new) SB0241 Enrolled - 11 - LRB094 07834 RSP 38014 b Sec.
Whenever the contamination evaluation committee determines that a public notice should be issued under this Title, the Agency has the authority to issue an information demand letter to the owner or operator of the site or facility where the release occurred or is suspected to have occurred that requires the owner or operator to provide the Agency with the information necessary, to the extent practicable, to give the notices required under Section 25d-3 of this Title.
Whenever the Agency determines that a public notice should be issued under this Title, the Agency has the authority to issue an information demand letter to the owner or operator of the site or facility where the release occurred or is suspected to have occurred that requires the owner or operator to provide the Agency with the information necessary, to the extent practicable, to give the notices required under Section 25d-3 of this Title.
(415 ILCS 5/25d-5 new) SB0241 Engrossed - 10 - LRB094 07834 RSP 38014 b Sec.
(415 ILCS 5/25d-5 new) Sec.
Right-to-Know Committee.
Contamination information.
Beginning January 1, 2006, the Agency shall establish a committee known as the Right-to-Know Committee.
The Right-to-Know Committee shall be composed of the following persons and shall be chaired by the Director or the Director’s designee:
representatives of the Agency, representatives of the Illinois Department of Public Health, representatives of the Interagency Coordinating Committee on Groundwater established in the Groundwater Protection Act, representatives of the Groundwater Advisory Council established in the Groundwater Protection Act, representatives of priority groundwater protection regional planning committees established under Section 17.2 of this Act, and up to 3 individuals appointed by the Director who are owners of properties served by private, semi-private, or non-community drinking water systems that have been impacted by a release of a contaminant.
The Right-to-Know Committee, in consultation with the Agency, shall evaluate and recommend appropriate and effective methods of providing the notices required under Section 25d-3 of this Title.
The methods of notification evaluated by the Right-to-Know Committee shall include, but shall not be limited to, the following:
(a) personal notification;
(b) public meetings;
(c) signs;
(d) electronic notification;
and (e) print media.
(415 ILCS 5/25d-6 new) Sec.
25d-6.
Notification.
SB0241 Engrossed - 11 - LRB094 07834 RSP 38014 b (ii) Appropriate Agency databases containing information about releases or suspected releases of contaminants in the State.
(ii) Appropriate Agency databases containing information about releases or suspected releases of contaminants in the State.
SB0241 Enrolled - 12 - LRB094 07834 RSP 38014 b (415 ILCS 5/25d-6 new) Sec.
25d-6.
Agency coordination.
Beginning January 1, 2006, the Agency shall coordinate with the Department of Public Health to provide training to regional and local health department staff on the use of the information posted on the Internet under Section 25d-5 of this Title.
Also beginning January 1, 2006, the Agency shall coordinate with the Department of Public Health to provide training to licensed water well drillers on the use of the information posted on the Internet under Section 25d-5 of this Title in relation to the location and installation of new wells serving private, semi-private, and non-community water systems.
Agency coordination.
Rulemaking.
Beginning January 1, 2006, the Agency shall coordinate with the Department of Public Health to provide training to regional and local health department staff on the use of the information posted on the Internet under Section 25d-6 of this Title.
(a) Within 180 days after the effective date of this amendatory Act of the 94th General Assembly, the Agency shall evaluate the Board’s rules and propose amendments to the rules as necessary to require potable water supply well surveys and community relations activities where such surveys and activities are appropriate in response to releases of contaminants that have impacted or that may impact offsite potable water supply wells.
Also beginning January 1, 2006, the Agency shall coordinate with the Department of Public Health to provide training to licensed water well drillers on the use of the information posted on the Internet under Section 25d-6 of this Title in relation to the location and installation of new wells serving private, semi-private, and non-community water systems.
Within 240 days after receiving the Agency’s proposal, the Board shall amend its rules as necessary to require potable water supply well surveys and community relations activities where such surveys and activities are appropriate in response to releases of contaminants that have impacted or that may impact offsite potable water supply wells.
Community relations activities required by the Board shall include, but shall not be limited to, submitting a community relations plan for Agency approval, maintaining a public information repository that contains timely information about the actions being taken in response to a release, and maintaining dialogue with the community through means such as public meetings, fact sheets, and community advisory groups.
SB0241 Enrolled - 13 - LRB094 07834 RSP 38014 b (b) The Agency shall adopt rules setting forth costs for which persons may be liable to the State under Section 25d-3(d) of this Act.
In addition, the Agency shall have the authority to adopt other rules as necessary for the administration of this Title.
Amendment.
Within 180 days after the effective date of this amendatory Act of the 94th General Assembly, the Agency shall evaluate the Board’s rules and propose amendments to the rules as necessary to require potable water supply well surveys and community relations activities where such surveys and activities are appropriate in response to releases of contaminants that have impacted or that may impact offsite potable water supply wells.
Within 240 days after receiving the Agency’s proposal, the Board shall amend its rules as necessary to require potable water supply well surveys and community relations activities where such surveys and activities are appropriate in response to releases of contaminants that have impacted or that may impact offsite potable water supply wells.
SB0241 Engrossed - 12 - LRB094 07834 RSP 38014 b Community relations activities required by the Board shall include, but shall not be limited to, submitting a community relations plan for Agency approval, maintaining a public information repository that contains timely information about the actions being taken in response to a release, and maintaining dialogue with the community through means such as public meetings, fact sheets, and community advisory groups.
(415 ILCS 5/25d-9 new) Sec.
25d-9.
(415 ILCS 5/25d-10 new) Sec.
(415 ILCS 5/25d-9 new) Sec.
25d-10.
25d-9.
(415 ILCS 5/25d-10 new) Sec.
25d-10.
Avoiding duplication.
The Agency shall take whatever steps it deems necessary to eliminate the potential for duplicative notices required by this Title and Section 9.1 of the Illinois Groundwater Protection Act.
(b) A No Further Remediation Letter shall not become effective until officially recorded in accordance with subsection (a) of this Section.
(b) A No Further Remediation Letter shall not become SB0241 Enrolled - 14 - LRB094 07834 RSP 38014 b effective until officially recorded in accordance with subsection (a) of this Section.
SB0241 Engrossed - 13 - LRB094 07834 RSP 38014 b (c) (Blank).
(c) (Blank).
6-26-02.) Section 10.
6-26-02.) Section 99.
The Illinois Groundwater Protection Act is amended by changing Section 4 as follows:
(415 ILCS 55/4) (from Ch.
111 1/2, par.
7454) Sec.
4.
(a) There shall be established within State government an interagency committee which shall be known as the Interagency Coordinating Committee on Groundwater.
The Committee shall be composed of the Director, or his designee, of the following agencies:
(1) The Illinois Environmental Protection Agency, who shall chair the Committee.
(2) The Illinois Department of Natural Resources.
(3) The Illinois Department of Public Health.
(4) The Office of Mines and Minerals within the Department of Natural Resources.
(5) The Office of the State Fire Marshal.
(6) The Division of Water Resources of the Department of Natural Resources.
(7) The Illinois Department of Agriculture.
SB0241 Engrossed - 14 - LRB094 07834 RSP 38014 b (8) The Illinois Emergency Management Agency.
(9) The Illinois Department of Nuclear Safety.
(10) The Illinois Department of Commerce and Economic Opportunity Community Affairs.
(b) The Committee shall meet not less than twice each calendar year and shall:
(1) Review and coordinate the State’s policy on groundwater protection.
(2) Review and evaluate State laws, regulations and procedures that relate to groundwater protection.
(3) Review and evaluate the status of the State’s efforts to improve the quality of the groundwater and of the State enforcement efforts for protection of the groundwater and make recommendations on improving the State efforts to protect the groundwater.
(4) Recommend procedures for better coordination among State groundwater programs and with local programs related to groundwater protection.
(5) Review and recommend procedures to coordinate the State’s response to specific incidents of groundwater pollution and coordinate dissemination of information between agencies responsible for the State’s response.
(6) Make recommendations for and prioritize the State’s groundwater research needs.
(7) Review, coordinate and evaluate groundwater data collection and analysis.
(8) Beginning on January 1, 1990, report biennially to the Governor and the General Assembly on groundwater quality, quantity, and the State’s enforcement efforts.
Beginning January 1, 2006, the Committee’s biennial report shall also include, with input from the Groundwater Advisory Council established under Section 5 of this Act, the priority groundwater protection regional planning committees established pursuant to Section 17.2 of the Environmental Protection Act, and the Right-to-Know Committee established pursuant to Section 25d-5 of the SB0241 Engrossed - 15 - LRB094 07834 RSP 38014 b Environmental Protection Act, information on the implementation of this amendatory Act of the 94th General Assembly.
(c) The Chairman of the Committee shall propose a groundwater protection regulatory agenda for consideration by the Committee and the Council.
The principal purpose of the agenda shall be to systematically consider the groundwater protection aspects of relevant federal and State regulatory programs and to identify any areas where improvements may be warranted.
To the extent feasible, the agenda may also serve to facilitate a more uniform and coordinated approach toward protection of groundwaters in Illinois.
Upon adoption of the final agenda by the Committee, the Chairman of the Committee shall assign a lead agency and any support agencies to prepare a regulatory assessment report for each item on the agenda.
Each regulatory assessment report shall specify the nature of the groundwater protection provisions being implemented and shall evaluate the results achieved therefrom.
Special attention shall be given to any preventive measures being utilized for protection of groundwaters.
The reports shall be completed in a timely manner.
After review and consideration by the Committee, the reports shall become the basis for recommending further legislative or regulatory action.
(d) No later than January 1, 1992, the Interagency Coordinating Committee on Groundwater shall provide a comprehensive status report to the Governor and the General Assembly concerning implementation of this Act.
(e) The Committee shall consider findings and recommendations that are provided by the Council, and respond in writing regarding such matters.
The Chairman of the Committee shall designate a liaison person to serve as a facilitator of communications with the Council.
(Source:
P.A.
89-445, eff.
2-7-96;
revised 12-6-03.) Section 99.
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Action History

  1. Public Act . . . . . . . . . 94-0314

  2. Effective Date July 25, 2005

  3. Governor Approved

  4. Sent to the Governor

  5. Added Alternate Co-Sponsor Rep. Naomi D. Jakobsson

  6. Passed Both Houses

  7. House Committee Amendment No. 1 Senate Concurs 059-000-000

  8. Added as Chief Co-Sponsor Sen. Mattie Hunter

  9. House Committee Amendment No. 1 Motion To Concur Recommended Do Adopt Judiciary; 009-000-000

  10. House Committee Amendment No. 1 Motion to Concur Rules Referred to Judiciary

  11. House Committee Amendment No. 1 Motion to Concur Referred to Rules

  12. House Committee Amendment No. 1 Motion to Concur Filed with Secretary Sen. John J. Cullerton

  13. Placed on Calendar Order of Concurrence House Amendment(s) 01-May 20, 2005.

  14. Secretary's Desk - Concurrence House Amendment(s) 01

  15. Third Reading - Short Debate - Passed 112-000-002

  16. Added Alternate Co-Sponsor Rep. Sandra M. Pihos

  17. Added Alternate Chief Co-Sponsor Rep. Michael K. Smith

  18. Alternate Co-Sponsor Removed Rep. Michael K. Smith

  19. Added Alternate Chief Co-Sponsor Rep. John A. Fritchey

  20. Alternate Chief Co-Sponsor Removed Rep. Sandra M. Pihos

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

  22. Second Reading - Short Debate

  23. Added Alternate Co-Sponsor Rep. Karen May

  24. Added Alternate Co-Sponsor Rep. Terry R. Parke

  25. Added Alternate Co-Sponsor Rep. Michael K. Smith

  26. Placed on Calendar 2nd Reading - Short Debate

  27. Do Pass as Amended / Short Debate Environment & Energy Committee; 018-000-000

  28. House Committee Amendment No. 1 Adopted in Environment & Energy Committee; by Voice Vote

  29. House Committee Amendment No. 1 Filed with Clerk by Environment & Energy Committee

  30. Added Alternate Chief Co-Sponsor Rep. Sandra M. Pihos

  31. Assigned to Environment & Energy Committee

  32. Added Alternate Chief Co-Sponsor Rep. James H. Meyer

  33. Added Alternate Chief Co-Sponsor Rep. Patricia R. Bellock

  34. Referred to Rules Committee

  35. First Reading

  36. Chief House Sponsor Rep. Thomas Holbrook

  37. Placed on Calendar Order of First Reading

  38. Arrived in House

  39. Senate Floor Amendment No. 2 Tabled Pursuant to Rule 5-4(a)

  40. Senate Committee Amendment No. 1 Tabled Pursuant to Rule 5-4(a)

  41. Third Reading - Passed; 042-014-000

  42. Placed on Calendar Order of 3rd Reading

  43. Senate Floor Amendment No. 3 Adopted; Cullerton

  44. Recalled to Second Reading

  45. Senate Floor Amendment No. 3 Recommend Do Adopt Judiciary; 010-000-000

  46. Senate Floor Amendment No. 3 Rules Refers to Judiciary

  47. Placed on Calendar Order of 3rd Reading April 12, 2005

  48. Second Reading

  49. Senate Floor Amendment No. 3 Referred to Rules

  50. Senate Floor Amendment No. 3 Filed with Secretary by Sen. John J. Cullerton

  51. Senate Floor Amendment No. 2 Rules Refers to Judiciary

  52. Senate Floor Amendment No. 2 Referred to Rules

  53. Senate Floor Amendment No. 2 Filed with Secretary by Sen. John J. Cullerton

  54. Placed on Calendar Order of 2nd Reading February 17, 2005

  55. Do Pass Judiciary; 010-000-000

  56. Senate Committee Amendment No. 1 Referred to Rules

  57. Senate Committee Amendment No. 1 Filed with Secretary by Sen. John J. Cullerton

  58. Assigned to Judiciary

  59. Referred to Rules

  60. First Reading

  61. Chief Co-Sponsor Sen. Kirk W. Dillard

  62. Filed with Secretary by Sen. John J. Cullerton

Sponsors

  • John J. Cullerton · Cosponsor
  • Terry R. Parke · Cosponsor
  • Karen May · Cosponsor
  • Sandra M. Pihos · Cosponsor
  • Naomi D. Jakobsson · Cosponsor

Sponsorship breakdown

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0 sponsors · 5 co-sponsors · 178 not signed on · 1 voted No

Sponsors (0)

None.

Co-sponsors (5)

  • John J. Cullerton
  • Terry R. Parke
  • Karen May
  • Sandra M. Pihos
  • Naomi D. Jakobsson

Not signed on (178)

178 members have not signed on to this bill.

Show all 178 →

"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

Concurrence

Passed 59 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 53000
Democrat 5000
Republican 1000
Total 59000
% of votes cast 100%0%0%0%
How each member voted (59)
Member Party Vote
Sandoval — Yea
Silverstein — Yea
Link — Yea
Althoff — Yea
Martinez — Yea
Bomke — Yea
Burzynski — Yea
Halvorson — Yea
Meeks — Yea
Peterson — Yea
Radogno — Yea
Schoenberg — Yea
Shadid — Yea
Sieben — Yea
Munoz — Yea
Brady — Yea
Lauzen — Yea
Jacobs — Yea
Jones, J. — Yea
Cullerton — Yea
Watson — Yea
Jones, W. — Yea
Luechtefeld — Yea
Demuzio — Yea
Maloney — Yea
Trotter — Yea
Viverito — Yea
Wilhelmi — Yea
Winkel — Yea
Wojcik — Yea
Cronin — Yea
Crotty — Yea
Dahl — Yea
DeLeo — Yea
Dillard — Yea
Forby — Yea
Sullivan, D. — Yea
Sullivan, J. — Yea
Petka — Yea
Clayborne — Yea
Garrett — Yea
Geo-Karis — Yea
Haine — Yea
Hendon — Yea
Pankau — Yea
Raoul — Yea
Rauschenberger — Yea
Righter — Yea
Risinger — Yea
Ronen — Yea
Roskam — Yea
Rutherford — Yea
del Valle — Yea
Don Harmon Democrat Yea
Emil Jones, III Democrat Yea
Kimberly A. Lightford Democrat Yea
Lakesia Collins Democrat Yea
Mattie Hunter Democrat Yea
Dave Syverson Republican Yea

Official roll call →

Third Reading

Passed 112 Yea · 0 Nay · 6 Other
Party YeaNayPresentNot Voting
Unaffiliated 102004
Democrat 8001
Republican 2001
Total 112006
% of votes cast 95%0%0%5%
How each member voted (118)
Member Party Vote
Sacia — Yea
Saviano — Yea
Schmitz — Yea
Schock — Yea
Scully — Yea
Sommer — Yea
Soto — Yea
Lindner — Yea
Krause — Yea
Madigan — Yea
Acevedo — Yea
Bassi — Yea
Beaubien — Yea
Beiser — Yea
Bellock — Yea
Berrios — Yea
Mautino — Yea
Biggins — Yea
Black — Yea
Boland — Yea
May — Yea
Bost — Yea
Brauer — Yea
Brosnahan — Yea
Moffitt — Yea
Cultra — Not Voting
Munson — Yea
Jakobsson — Yea
Jenisch — Yea
Dunn — Yea
Lang — Yea
Leitch — Yea
Pihos — Yea
Bailey — Yea
Lyons, Eileen — Yea
Dugan — Yea
Dunkin — Yea
Mathias — Yea
Reitz — Yea
Lyons, Joseph — Yea
McAuliffe — Yea
McCarthy — Yea
Mendoza — Yea
Meyer — Yea
Millner — Yea
Molaro — Yea
Mulligan — Yea
Myers — Yea
Nekritz — Yea
McGuire — Yea
Tenhouse — Yea
Tryon — Yea
Turner — Yea
Bradley, John — Yea
Verschoore — Yea
Bradley, Richard — Yea
Wait — Yea
Brady — Yea
Washington — Yea
Mitchell, Bill — Yea
Hannig — Yea
Burke — Yea
Sullivan — Yea
Mitchell, Jerry — Yea
Howard — Yea
Chavez — Yea
Churchill — Yea
Colvin — Yea
Coulson — Yea
Flider — Yea
Flowers — Yea
Franks — Yea
Fritchey — Yea
Froehlich — Yea
Giles — Yea
Gordon — Yea
Graham — Yea
Granberg — Yea
Hamos — Yea
Hassert — Yea
Holbrook — Yea
Hultgren — Yea
Watson — Yea
Jones — Yea
McKeon — Not Voting
Davis, Monique — Yea
Osmond — Yea
Osterman — Yea
Phelps — Yea
Pritchard — Not Voting
Winters — Yea
Yarbrough — Yea
Younge — Yea
Cross — Yea
Currie — Yea
D'Amico — Yea
Daniels — Yea
Eddy — Not Voting
Jefferson — Yea
Kosel — Yea
Parke — Yea
Patterson — Yea
Poe — Yea
Reis — Yea
Ryg — Yea
Chapa LaVia — Yea
Eva-Dina Delgado Democrat Yea
Jay Hoffman Democrat Yea
Lakesia Collins Democrat Yea
Michael J. Kelly Democrat Yea
Nicholas K. Smith Democrat Yea
Patrick J. Joyce Democrat Yea
Robert "Bob" Rita Democrat Yea
Sara Feigenholtz Democrat Not Voting
William "Will" Davis Democrat Yea
Brad Stephens Republican Not Voting
Chapin Rose Republican Yea
Chris Miller Republican Yea

Official roll call →

Third Reading

Passed 42 Yea · 14 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 371303
Democrat 5000
Republican 0100
Total 421403
% of votes cast 71%24%0%5%
How each member voted (59)
Member Party Vote
Sandoval — Yea
Sieben — Nay
Viverito — Yea
Wilhelmi — Yea
Luechtefeld — Not Voting
Althoff — Yea
Bomke — Nay
Burzynski — Nay
Clayborne — Yea
Cronin — Yea
Martinez — Yea
Meeks — Yea
Pankau — Yea
Schoenberg — Yea
Shadid — Yea
Silverstein — Yea
Trotter — Yea
Munoz — Yea
Sullivan, D. — Yea
Sullivan, J. — Yea
Petka — Yea
Jacobs — Yea
Cullerton — Yea
Jones, W. — Yea
Crotty — Yea
Garrett — Yea
Geo-Karis — Yea
Halvorson — Yea
Hendon — Yea
Lauzen — Not Voting
Demuzio — Yea
Link — Yea
Maloney — Yea
Brady — Nay
Jones, J. — Nay
Watson — Nay
Peterson — Nay
Rauschenberger — Not Voting
Winkel — Yea
Wojcik — Nay
Dahl — Nay
DeLeo — Yea
Dillard — Yea
Forby — Yea
Haine — Nay
Radogno — Yea
Raoul — Yea
Righter — Nay
Risinger — Nay
Ronen — Yea
Roskam — Yea
Rutherford — Nay
del Valle — Yea
Don Harmon Democrat Yea
Emil Jones, III Democrat Yea
Kimberly A. Lightford Democrat Yea
Lakesia Collins Democrat Yea
Mattie Hunter Democrat Yea
Dave Syverson Republican Nay

Official roll call →

Subjects

environment
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Frequently asked questions

What does SB 241 do?
Amends the Environmental Protection Act and Groundwater Protection Act. Authorizes the Director of the Environmental Protection Agency to issue orders requiring an appropriate response from a potentially responsible party in the event of the release or substantial threat of release of a hazardous substance into the environment. Provides that a person may not use, cause the use of, or allow the use of (instead of "use") any site, for which a land use limitation has been imposed, in a manner that is inconsistent with that limitation unless certain conditions have been met. Establishes an internal Agency committee to recommend appropriate action for suspected or confirmed groundwater contamination and, among other things, requires the Agency to give notice of the actual or potential impact of the contamination to property owners served by the affected water system. Creates the Right-to-Know Committee to provide notice to the public about releases or suspected releases of contaminants in the State. Makes other changes. Effective immediately.
Who sponsors SB 241?
SB 241 is sponsored by John J. Cullerton, Terry R. Parke, Karen May, Sandra M. Pihos, and Naomi D. Jakobsson.
What is the current status of SB 241?
This bill has been enacted into law. Introduced February 02, 2005. Enacted.
Where can I track SB 241?
Track SB 241 free on One Click Politics — get push/email alerts when it moves.

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