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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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