Public Act 096-0908 Fact Sheet 1

Senate Bill 3320, now Public Act 096-0908, amended the Environmental Protection Act, generally as follows:

• For the purpose of payment from the Underground Storage Tank Fund, corrective action activities shall include the following use of the Tiered Approach to Corrective Action Objectives rules ( Fact Sheet #2):
• • For the site where the release occurred, the use of Tier 2 remediation objectives that are no more stringent than Tier 1 remediation objectives.
  • The use of industrial/commercial property remediation objectives, unless the owner or operator demonstrates that the property being remediated is residential property or being developed into residential property.
  • The use of groundwater ordinances as institutional controls.
  • The use of on-site groundwater use restrictions as institutional controls.
• Any bidding process adopted under Illinois Pollution Control Board rules to determine the reasonableness of costs of corrective action must provide for a publicly-noticed, competitive, and sealed bidding process that is, among other things, optional and allows bidding only if the owner or operator demonstrates that corrective action cannot be performed for less than the maximum payment amounts at 35 Illinois Administrative Code 734.Subpart H.
• The deductible amount that must be applied before an owner or operator may access money in the UST Fund is $5000 for new releases ( Fact Sheet #3).
• Each fiscal year, subject to appropriation, the Illinois EPA may commit up to $10 million on money in the Underground Storage Tank Fund to the payment of corrective action costs for legacy sites.
• Title XVI of the Environmental Protection Act applies to all releases for which a No Further Remediation (NFR) Letter is issued on or after June 8, 2010, provided that (1) costs incurred prior to June 8, 2010, shall be payable from the UST Fund in the same manner as allowed under the law in effect at the time the costs were incurred and (2) releases for which corrective action was completed prior to June 8, 2010, shall be eligible for a NFR Letter in the same manner as allowed under the law in effect at the time the corrective action was completed ( Fact Sheet #4).
• If a change in State or federal law requires additional remedial action in response to releases for which NFR Letters have been issued, the Illinois EPA shall propose in the next convening of a regular session of the current General Assembly amendments to Title XVI to allow owners and operators to perform the additional remedial action and seek payment from the UST Fund for the costs of the action.
• The following shall be considered corrective action activities eligible for payment from the UST Fund even when an owner or operator conducts these activities after the issuance of an NFR Letter. Corrective action conducted and costs incurred must comply with Title XVI of the Act and 35 Ill. Adm. Code 734.
• • Corrective action to achieve residential property remediation objectives if the owner or operator demonstrates that property remediated to industrial/commercial property remediation objectives pursuant to Section 57.7(c)(3)(A)(ii) of the Act is being developed into residential property.
  • Corrective action to address groundwater contamination if the owner or operator demonstrates that action is necessary because a groundwater ordinance used as an institutional control pursuant to Section 57.7(c)(3)(A)(iii) of the Act can no longer be used as an institutional control.
  • Corrective action to address groundwater contamination if the owner or operator demonstrates that action is necessary because an on-site groundwater use restriction used as an institutional control pursuant to Section 57.7(c)(3)(A)(iv) of the Act must be lifted in order to allow the installation of a potable water supply well due to public water supply service no longer being available for reasons other than an act or omission of the owner or operator.
  • The disposal of soil that does not exceed industrial/commercial property remediation objectives, but that does exceed residential property remediation objectives, if industrial/commercial property remediation objectives were used pursuant to Section 57.7(c)(3)(A)(ii) of the Act and the owner or operator demonstrates that (1) the contamination is the result of the release for which the owner or operator is eligible to seek payment from the UST Fund and (2) disposal of the soil is necessary as a result of construction activities conducted after the issuance of an NFR Letter on the site where the release occurred, including, but not limited to, the following: tank, line, or canopy repair, replacement, or removal; building upgrades; sign installation; and water or sewer line replacement.
  • The disposal of water exceeding groundwater remediation objectives that is removed from an excavation on the site where the release occurred if a groundwater ordinance is used as an institutional control pursuant to Section 57.7(c)(3)(A)(iii) of the Act, or if an on-site groundwater use restriction is used as an institutional control pursuant to Section 57.7(c)(3)(A)(iv), and the owner or operator demonstrates that (1) the excavation is located within the measured or modeled extent of groundwater contamination resulting from the release for which the owner or operator is eligible to seek payment from the UST Fund and (2) disposal of the groundwater is necessary as a result of construction activities conducted after the issuance of an NFR Letter on the site where the release occurred, including, but not limited to, the following: tank, line, or canopy repair, replacement, or removal; building upgrades; sign installation; and water or sewer line replacement.

The new law became effective June 8, 2010.

You may contact the project manager on call in the Leaking UST Section by dialing 217-524-3300 or toll-free 888/299-9533

This fact sheet is for general information only and is not intended to replace, interpret, or modify laws, rules, or regulations.

August 2010