Illinois Compiled Statutes
415 ILCS 5/ - Environmental Protection Act.
Title XVII - Site Remediation Program

(415 ILCS 5/Tit. XVII heading)

 
(415 ILCS 5/58)
Sec. 58.
Intent.
It is the intent of this Title:
7-21-97; 91-36, eff. 6-15-99.)
 
(415 ILCS 5/58.1)
Sec. 58.1.
Applicability.
(a) (1) This Title establishes the procedures for the investigative and
remedial activities at sites where there is a release, threatened release, or
suspected release of hazardous substances, pesticides, or petroleum and for the
review and approval of those activities.
(2) Any person, including persons required to perform investigations and
remediations under this Act, may elect to proceed under this Title unless (i)
the site is on the National Priorities List (Appendix B of 40 CFR 300), (ii)
the site is a treatment, storage, or disposal site for which a permit has been
issued, or that is subject to closure requirements under federal or State solid
or hazardous waste laws, (iii) the site is subject to federal or State
underground storage tank laws, or (iv) investigation or remedial action at
the site has been required by a federal court order or an order issued by the
United States Environmental Protection Agency. To the extent allowed by
federal law and regulations, the sites listed under items (i), (ii), (iii), and
(iv) may utilize the provisions of this Title, including the procedures for
establishing risk-based remediation objectives under Section 58.5.
(b) Except for sites excluded under subdivision (a) (2) of this Section,
the Remediation Applicant (RA) for any site that has not received an Agency
letter under subsection (y) of Section 4 of this Act may elect to proceed under
the provisions of this Title by submitting a written statement of the election
to the Agency. In the absence of such election, the RA shall continue under
the provisions of this Act as applicable prior to the effective date of this
amendatory Act of 1995.
(c) Except for sites excluded under subdivision (a) (2) of this Section,
agrichemical facilities may elect to undertake corrective action in conformance
with this Title and rules promulgated by the Board thereunder and land
application programs administered by the Department of Agriculture as provided
under Section 19 of the Illinois Pesticide Act, and shall be eligible for the
relief provided under Section 58.10.

(Source: P.A. 89-431, eff. 12-15-95; 89-443, eff. 7-1-96.)
 
(415 ILCS 5/58.2)
Sec. 58.2. Definitions. The following words and phrases when used in this
Title shall have the meanings given to them in this Section unless the context
clearly indicates otherwise:
"Agrichemical facility" means a site on which agricultural pesticides are
stored or handled, or both, in preparation for end use, or distributed. The
term does not include basic manufacturing facility sites.
"ASTM" means the American Society for Testing and Materials.
"Area background" means concentrations of regulated substances that are
consistently present in the environment in the vicinity of a site that are the
result of natural conditions or human activities, and not the result solely of
releases at the site.
"Brownfields site" or "brownfields" means a parcel of real property, or a
portion of the parcel, that has actual or perceived contamination and an
active potential for redevelopment.
"Class I groundwater" means groundwater that meets the Class I Potable
Resource groundwater criteria set forth in the Board rules adopted under the
Illinois Groundwater Protection Act.
"Class III groundwater" means groundwater that meets the Class III Special
Resource Groundwater criteria set forth in the Board rules adopted under the
Illinois Groundwater Protection Act.
"Carcinogen" means a contaminant that is classified as a Category A1 or A2
Carcinogen by the American Conference of Governmental Industrial Hygienists; or
a Category 1 or 2A/2B Carcinogen by the World Health Organizations
International Agency for Research on Cancer; or a "Human Carcinogen" or
"Anticipated Human Carcinogen" by the United States Department of Health and
Human Service National Toxicological Program; or a Category A or B1/B2
Carcinogen by the United States Environmental Protection Agency in Integrated
Risk Information System or a Final Rule issued in a Federal Register notice by
the USEPA as of the effective date of this amendatory Act of 1995.
"Licensed Professional Engineer" (LPE) means a person, corporation, or
partnership licensed under the laws of this State to practice professional
engineering.
"Licensed Professional Geologist" means a person licensed under the laws of
the State of Illinois to practice as a professional geologist.
"RELPEG" means a Licensed Professional Engineer or a Licensed Professional
Geologist engaged in review and evaluation under this Title.
"Man-made pathway" means constructed routes that may allow for the
transport of regulated substances including, but not limited to, sewers,
utility lines, utility vaults, building foundations, basements, crawl spaces,
drainage ditches, or previously excavated and filled areas.
"Municipality" means an incorporated city, village, or town in this State.
"Municipality" does not mean a township, town when that term is used as the
equivalent of a
township, incorporated town that has superseded a civil township, county,
or school district, park district, sanitary district, or similar governmental
district.
"Natural pathway" means natural routes for the transport of regulated
substances including, but not limited to, soil, groundwater, sand seams and
lenses, and gravel seams and lenses.
"Person" means individual, trust, firm, joint stock company, joint venture,
consortium, commercial entity, corporation (including a government
corporation), partnership, association, State, municipality, commission,
political subdivision of a State, or any interstate body including the United
States Government and each department, agency, and instrumentality of the
United States.
"Regulated substance" means any hazardous substance as defined under Section
101(14) of the Comprehensive Environmental Response, Compensation, and
Liability Act of 1980 (P.L. 96-510) and petroleum products including crude oil
or any fraction thereof, natural gas, natural gas liquids, liquefied natural
gas, or synthetic gas usable for fuel (or mixtures of natural gas and such
synthetic gas).
"Remedial action" means activities associated with compliance with the
provisions of Sections 58.6 and 58.7.
"Remediation Applicant" (RA) means any person seeking to perform or
performing investigative or remedial activities under this Title, including the
owner or operator of the site or persons authorized by law or consent to act
on behalf of or in lieu of the owner or operator of the site.
"Remediation costs" means reasonable costs paid for investigating
and remediating regulated substances of concern consistent with the remedy
selected for a site.
For purposes
of Section 58.14, "remediation costs" shall not include costs incurred prior to
January 1, 1998, costs incurred after the issuance of a No Further
Remediation Letter under Section 58.10 of this Act, or costs incurred more than
12 months prior to acceptance into the Site Remediation Program.
For the purpose of Section 58.14a, "remediation costs" do not include any costs incurred before January 1, 2007, any costs incurred after the issuance of a No Further Remediation Letter under Section 58.10, or any costs incurred more than 12 months before acceptance into the Site Remediation Program.
"Residential property" means any real property that is used for habitation by
individuals and other property uses defined by Board rules such as education,
health care, child care and related uses.
"River Edge Redevelopment Zone" has the meaning set forth under the River Edge Redevelopment Zone Act.
"Site" means any single location, place, tract of land or parcel of property,
or portion thereof, including contiguous property separated by a public
right-of-way.
"Regulated substance of concern" means any contaminant that is expected to be
present at the site based upon past and current land uses and associated
releases that are known to the Remediation Applicant based upon reasonable
inquiry.

(Source: P.A. 95-454, eff. 8-27-07.)
 
(415 ILCS 5/58.3)
Sec. 58.3. Site Investigation and Remedial Activities Program; Brownfields
Redevelopment Fund.
(a) The General Assembly hereby establishes by this Title a Site
Investigation and
Remedial Activities Program for sites subject to this Title. This program
shall be administered by the Illinois Environmental Protection Agency under
this Title XVII and rules adopted by the Illinois Pollution Control Board.
(b) (1) The General Assembly hereby creates within the State Treasury a special fund to be known as the Brownfields Redevelopment Fund, consisting of 2 programs to be known as the "Municipal Brownfields Redevelopment Grant Program" and the "Brownfields Redevelopment Loan Program", which shall be used and administered by the Agency as provided in Sections 58.13 and 58.15 of this Act and the rules adopted under those Sections. The Brownfields Redevelopment Fund ("Fund") shall contain moneys transferred from the Response Contractors Indemnification Fund and other moneys made available for deposit into the Fund.
(Source: P.A. 95-331, eff. 8-21-07.)
 
(415 ILCS 5/58.4)
Sec. 58.4.
Permit waiver.
A State permit or permit revision which is not
otherwise required by federal law or regulations shall not be required for
remedial action activities undertaken pursuant to the provisions of this Title
that occur entirely on the site.

(Source: P.A. 89-431, eff. 12-15-95; 89-443, eff. 7-1-96.)
 
(415 ILCS 5/58.5)
Sec. 58.5.
Risk-based remediation objectives.
(a) Determination of remediation objectives. This Section establishes
the procedures for determining risk-based remediation objectives.
(b) Background area remediation objectives.
(c) Regulations establishing remediation objectives and
methodologies for deriving remediation objectives for individual or classes of
regulated substances shall be adopted by the Board in accordance with this
Section and Section 58.11.
(d) In developing remediation objectives under
subsection (c) of this Section, the methodology proposed and adopted shall
establish tiers addressing manmade and natural pathways of
exposure, including
but not limited to human ingestion, human inhalation, and groundwater
protection. For carcinogens, soil and groundwater remediation objectives
shall be established at exposures that represent an excess upper-bound lifetime
risk of between 1 in 10,000 and 1 in 1,000,000 as appropriate for the
post-remedial action use, except that remediation objectives protecting
residential use shall be based on exposures that represent an excess
upper-bound lifetime risk of 1 in 1,000,000. No groundwater remediation
objective adopted pursuant to this Section shall be more restrictive than the
applicable Class I or Class III Groundwater Quality Standard adopted by the
Board. At a minimum, the objectives shall include the following:
(e) The rules proposed by the Agency and adopted by the Board under
this
Section shall include conditions for the establishment and duration of
groundwater management zones by rule, as appropriate, at sites undergoing
remedial action under this Title.
(f) Until such time as the Board adopts remediation objectives under
this Section, the remediation objectives adopted by the Board under Title XVI
of this Act shall apply to all environmental assessments and soil or
groundwater remedial action conducted under this Title.

(Source: P.A. 91-909, eff. 7-7-00.)
 
(415 ILCS 5/58.6)
Sec. 58.6.
Remedial investigations and reports.
(a) Any RA who proceeds under this Title may elect to seek review and
approval for any of the remediation objectives provided in Section 58.5
for any or all regulated substances of concern. The RA shall conduct
investigations and remedial activities for regulated substances of concern
and prepare plans and reports in accordance with this Section and rules adopted
hereunder. The RA shall submit the plans and reports for review and approval
in accordance with Section 58.7. All investigations, plans, and reports
conducted or prepared under this Section shall be under the supervision of a
Licensed Professional Engineer (LPE) or, in the case of a site investigation
only, a Licensed Professional Geologist in accordance with the requirements
of this Title.
(b) (1) Site investigation and Site Investigation Report. The RA shall conduct a site investigation to determine the significant physical features of the site and vicinity that may affect contaminant transport and risk to human health, safety, and the environment and to determine the nature, concentration, direction and rate of movement, and extent of the contamination at the site.
(c) Remediation Objectives Report.
(d) Remedial Action Plan. If the approved remediation
objectives for any regulated substance established under Section 58.5 are less
than the levels existing at the site prior to any remedial action, the RA shall
prepare a Remedial Action Plan. The Remedial Action Plan shall describe the
selected remedy and evaluate its ability and effectiveness to achieve the
remediation objectives approved for the site. At a minimum, the reports shall
include the following, as applicable:
(e) Remedial Action Completion Report.
(f) Ability to proceed. The RA may elect to prepare and submit for
review and approval any and all reports or plans required under the
provisions of this Section individually, following completion of each such
activity; concurrently, following completion of all activities; or in any
other combination. In any event, the review and approval process shall proceed
in accordance with Section 58.7 and rules adopted thereunder.
(g) Nothing in this Section shall prevent an RA from implementing or
conducting an interim or any other remedial measure prior to election to
proceed under Section 58.6.
(h) In accordance with Section 58.11, the Agency shall propose and the
Board shall adopt rules to carry out the purposes of this Section.

(Source: P.A. 92-735, eff. 7-25-02.)
 
(415 ILCS 5/58.7)
Sec. 58.7. Review and approvals.
(a) Requirements. All plans and reports that are submitted pursuant
to this Title shall be submitted for review or approval in accordance with this
Section.
(b) Review and evaluation by the Agency.
(c) Review and evaluation by a Licensed Professional Engineer or Licensed
Professional Geologist. A RA may elect to contract with a Licensed
Professional Engineer or, in the case of a site investigation report only,
a Licensed Professional Geologist, who will perform review and evaluation
services on behalf of and under the direction of the Agency relative to the
site activities.
(d) Review and approval. All reviews required under this Title shall
be carried out by the Agency or a RELPEG, both under the
direction of a Licensed Professional Engineer or, in the case of the
review of a site investigation only, a Licensed Professional Geologist.
(e) Standard of review. In making determinations, the following
factors, and additional factors as may be adopted by the Board in accordance
with Section 58.11, shall be considered by the Agency when reviewing or
approving plans, reports, and related activities, or the RELPEG,
when reviewing plans, reports, and related activities:
(f) All plans and reports submitted for review shall include a Licensed
Professional Engineer's certification that all investigations and remedial
activities were carried out under his or her direction and, to the best of
his or her knowledge and belief, the work described in the plan or report has
been completed in accordance with generally accepted engineering practices,
and the information presented is accurate and complete.
In the case of
a site investigation report prepared or supervised by a Licensed Professional
Geologist, the required certification may be made by the Licensed Professional
Geologist (rather than a Licensed Professional Engineer) and based upon
generally accepted principles of professional geology.
(g) In accordance with Section 58.11, the Agency shall propose and the
Board shall adopt rules to carry out the purposes of this Section. At a
minimum, the rules shall detail the types of services the Agency may provide
in response to requests under subdivision (b) (1) of this Section and the
recordkeeping it will utilize in documenting to the RA the costs incurred by
the Agency in providing such services.
(h) Public participation.
(Source: P.A. 95-331, eff. 8-21-07.)
 
(415 ILCS 5/58.8)
Sec. 58.8. Duty to record; compliance.
(a) The RA receiving a No Further Remediation Letter from the Agency
pursuant to Section 58.10, shall submit the letter to the Office of the
Recorder or the Registrar of Titles of the county in which the site is located
within 45 days of receipt of the letter. The Office of the Recorder or
the Registrar of Titles shall accept and record that letter in accordance with
Illinois law so that it forms a permanent part of the chain of title for the
site.
(b) A No Further Remediation Letter shall not become effective until
officially recorded in accordance with subsection (a) of this Section.
The RA shall obtain and submit to the Agency a certified copy of the
No Further Remediation Letter as recorded.
(c)
(Blank).
(d) In the event that a No Further Remediation Letter issues by operation of
law pursuant to Section 58.10, the RA may, for purposes of this Section, file
an affidavit stating that the letter issued by operation of law. Upon receipt
of the No Further Remediation Letter from the Agency, the RA shall comply with
the requirements of subsections (a) and (b) of this Section.

(Source: P.A. 94-272, eff. 7-19-05; 94-314, eff. 7-25-05.)
 
(415 ILCS 5/58.9)
Sec. 58.9.
Liability.
(a) Cost assignment.
(b) In the event that the State of Illinois seeks to require a person
who may be liable pursuant to this Act to conduct remedial activities for a
release or threatened release of a regulated substance, the Agency shall
provide notice to such person. Such notice shall include the necessity to
conduct remedial action pursuant to this Title and an opportunity for the
person to perform the remedial action.
(c) In any instance in which the Agency has issued notice pursuant to
subsection (b) of this Section, the Agency and the person to whom such notice
was issued may attempt to determine the costs of conducting the remedial action
that are attributable to the releases to which such person or any other person
caused or contributed. Determinations pursuant to this Section may be made in
accordance with rules promulgated by the Board.
(d) The Board shall adopt, not later than January 1, 1999, pursuant to Sections
27 and 28 of this Act, rules and
procedures for determining proportionate share. Such rules shall, at a
minimum, provide for criteria for the determination of apportioned
responsibility based upon the degree to which a person directly caused or
contributed to a release of regulated substances on, in, or under the site
identified and addressed in the remedial action; procedures to establish how
and when such persons may file a petition for determination of such
apportionment; and any other standards or procedures which the Board may adopt
pursuant to this Section. In developing such rules, the Board shall take into
consideration any recommendations and proposals of the Agency and the Site
Remediation Advisory Committee established in Section 58.11 of this Act and
other interested participants.
(e) Nothing in this Section shall limit the authority of the Agency to
provide notice under subsection (q) of Section 4 or to undertake investigative,
preventive, or corrective action under any other applicable provisions of this
Act. The Director of the Agency is authorized to enter into such
contracts and agreements as may be necessary to carry out the Agency's duties
and responsibilities under this Section as expeditiously as possible.
(f) This Section does not apply to any cost recovery action brought by the
State under Section 22.2 to recover costs incurred by the State prior to July
1, 1996.

(Source: P.A. 89-443, eff. 7-1-96; 90-484, eff. 8-17-97.)
 
(415 ILCS 5/58.10)
Sec. 58.10.
Effect of completed remediation; liability releases.
(a) The Agency's issuance of the No Further Remediation Letter
signifies a release from further responsibilities under this Act in performing
the approved remedial action and shall be considered prima facie evidence that
the site does not constitute a threat to human health and the environment and
does not require further remediation under this Act, so long as the site is
utilized in accordance with the terms of the No Further Remediation Letter.
(b) Within 30 days of the Agency's approval of a Remedial
Action Completion Report, the Agency shall issue a No Further Remediation
Letter applicable to the site. In the event that the Agency fails to issue the
No Further Remediation Letter within 30 days after approval of the Remedial
Action Completion Report, the No Further Remediation Letter shall issue by
operation of law. A No Further Remediation Letter issued pursuant
to this Section shall be limited to and shall include all of the following:
(c) The Agency may deny a No Further Remediation Letter if fees applicable
under the review and evaluation services agreement have not been paid in full.
(d) The No Further Remediation Letter shall apply in favor of the
following persons:
(e) The No Further Remediation Letter shall be voidable if the site
activities are not managed in full compliance with the provisions of this
Title, any rules adopted under it, or the approved Remedial Action Plan or
remediation objectives upon which the issuance of the No Further Remediation
Letter was based. Specific acts or omissions that may result in voidance of
the No Further Remediation Letter include, but shall not be limited to:
(f) If the Agency seeks to void a No Further Remediation Letter, it
shall provide notice by certified letter to the current title holder of the
site and to the RA at his or her last known address. The notice shall specify
the cause for the voidance and describe facts in support of that cause.
(g) Within 30 days after the receipt of a No Further Remediation Letter
issued by the Agency or by operation of law pursuant to this Section, the
recipient of the letter shall forward to the Agency a No Further Remediation
Assessment in the amount of the lesser of $2,500 or an amount equal to the
costs incurred for the site by the Agency under Section 58.7. The assessment
shall be made payable to the State of Illinois, for deposit in the Hazardous
Waste Fund. The No Further Remediation Assessment is in addition to any other
costs that may be incurred by the Agency pursuant to Section 58.7.

(Source: P.A. 89-431, eff. 12-15-95; 89-443, eff. 7-1-96; 89-626, eff.
8-9-96.)
 
(415 ILCS 5/58.11)
Sec. 58.11.
Regulations and Site Remediation Advisory Committee.
(a) There is hereby established a 10-member Site Remediation Advisory
Committee, which shall be appointed by the Governor. The Committee shall
include one member recommended by the Illinois State Chamber of Commerce,
one member recommended by the Illinois Manufacturers' Association, one
member recommended by the Chemical Industry Council of Illinois, one member
recommended by the Consulting Engineers Council of Illinois, one member
recommended by the Illinois Bankers Association, one member recommended by
the Community Bankers Association of Illinois, one member recommended by the
National Solid Waste Management Association, and 3 other members as determined
by the Governor. Members of the Advisory Committee may organize themselves as
they deem necessary and shall serve without compensation.
(b) The Committee shall:
(c) Within 9 months after the effective date of this amendatory
Act of 1995, the Agency, after consideration of the recommendations
of the Committee, shall propose rules prescribing procedures and
standards for its administration of this Title. Within 9 months after
receipt of the Agency's proposed rules, the Board shall adopt, pursuant
to Sections 27 and 28 of this Act, rules that are consistent with this
Title, including classifications of land use and provisions for the voidance of
No Further Remediation Letters.
(d) Until such time as the rules required under this Section take effect,
the Agency shall administer its activities under this Title in accordance with
Agency procedures and applicable provisions of this Act.
(e) By July 1, 1997 and as deemed appropriate thereafter, the Agency shall
prepare reports to the Governor and the General Assembly concerning the status
of all sites for which the Agency has expended money from the Hazardous Waste
Fund. The reports shall include specific information on the financial,
technical, and cost recovery status of each site.

(Source: P.A. 92-735, eff. 7-25-02.)
 
(415 ILCS 5/58.12)
Sec. 58.12.
Severability.
The provisions of this Title XVII are severable
under Section 1.31 of the Statute on Statutes.

(Source: P.A. 89-431, eff. 12-15-95; 89-443, eff. 7-1-96.)
 
(415 ILCS 5/58.13)
Sec. 58.13. Municipal Brownfields Redevelopment Grant Program.
(a) (1) The Agency shall establish and administer a program of grants, to be known as the Municipal Brownfields Redevelopment Grant Program, to provide municipalities in Illinois with financial assistance to be used for coordination of activities related to brownfields redevelopment, including but not limited to identification of brownfields sites, including those sites within River Edge Redevelopment Zones, site investigation and determination of remediation objectives and related plans and reports, development of remedial action plans, and implementation of remedial action plans and remedial action completion reports. The plans and reports shall be developed in accordance with Title XVII of this Act.
(b) The Agency shall have the authority to enter into any contracts or
agreements that may be necessary to carry out its duties or responsibilities
under this Section. The Agency shall have the authority to adopt rules setting
forth procedures and criteria for administering the Municipal Brownfields
Redevelopment
Grant Program. The rules adopted by the Agency may include but shall not be
limited to the following:
(c) Moneys in the Brownfields Redevelopment Fund may be used by the Agency to take whatever preventive or corrective action, including but not limited to removal or remedial action, is necessary or appropriate in response to a release or substantial threat of a release of:
The State, the Director, and any State employee shall be indemnified for any damages or injury arising out of or resulting from any action taken pursuant to this subsection (c) and subsection (d)(2) of Section 4 of this Act. The Agency has the authority to enter into such contracts and agreements as may be necessary, and as expeditiously as necessary, to carry out preventive or corrective action pursuant to this subsection (c) and subsection (d)(2) of Section 4 of this Act.
(Source: P.A. 96-45, eff. 7-15-09.)
 
(415 ILCS 5/58.14)
Sec. 58.14. Environmental Remediation Tax Credit review.
(a) Prior to applying for the Environmental Remediation Tax Credit under
Section 201 of the Illinois Income Tax Act, Remediation Applicants shall first
submit to the Agency an application for review of remediation costs. The
application and review process shall be conducted in
accordance with the requirements of this Section and the rules
adopted under
subsection (g). A preliminary review of the estimated remediation costs for
development and implementation of the Remedial Action Plan may be obtained in
accordance with subsection (d).
(b) No
application for review shall be submitted until a No Further Remediation Letter
has been issued by the Agency and recorded in the chain of title for the site
in accordance with Section 58.10. The Agency shall review the application to
determine whether the costs submitted are remediation costs, and whether the
costs incurred are reasonable. The application shall be on forms prescribed
and provided by the Agency. At a minimum, the application shall include the
following:
(c) Within 60 days after receipt by the Agency of an application meeting
the requirements of subsection (b), the Agency shall issue a letter to the
applicant approving, disapproving, or modifying the remediation costs submitted
in the
application. If the remediation costs are approved as submitted, the Agency's
letter shall state the amount of the remediation costs to be applied toward the
Environmental Remediation Tax Credit. If an application is disapproved or
approved with modification of remediation costs, the Agency's letter shall set
forth the reasons for the disapproval or modification and state the amount of
the remediation costs, if any, to be applied toward the Environmental
Remediation Tax Credit.
If a preliminary review of a budget plan has been obtained under
subsection (d), the Remediation Applicant may submit, with the
application and supporting documentation under subsection (b), a copy of the
Agency's final determination accompanied by a certification that the actual
remediation costs incurred for the development and implementation of the
Remedial Action Plan are equal to or less than the costs approved in the
Agency's final determination on the budget plan. The certification shall be
signed by the Remediation Applicant and notarized. Based on that submission,
the Agency shall not be required to conduct further review of the costs
incurred for development and implementation of the Remedial Action Plan and may
approve costs as submitted.
Within 35 days after receipt of an Agency letter disapproving or
modifying an application for approval of remediation costs, the Remediation
Applicant may appeal the Agency's decision to the Board in the manner provided
for the review of permits in Section 40 of this Act.
(d) (1) A Remediation Applicant may obtain a preliminary review of estimated remediation costs for the development and implementation of the Remedial Action Plan by submitting a budget plan along with the Remedial Action Plan. The budget plan shall be set forth on forms prescribed and provided by the Agency and shall include but shall not be limited to line item estimates of the costs associated with each line item (such as personnel, equipment, and materials) that the Remediation Applicant anticipates will be incurred for the development and implementation of the Remedial Action Plan. The Agency shall review the budget plan along with the Remedial Action Plan to determine whether the estimated costs submitted are remediation costs and whether the costs estimated for the activities are reasonable.
(e) The fees for reviews conducted under this Section are in addition to any
other fees or payments for Agency services rendered pursuant to the Site
Remediation Program
and shall be as follows:
The application fee shall be made payable to the State of Illinois, for
deposit into the Hazardous Waste Fund.
Pursuant to appropriation, the Agency shall use the fees collected under this
subsection for development and
administration of the review program.
(f) The Agency shall have the authority to enter into any contracts or
agreements that may be necessary to carry out its duties and responsibilities
under this Section.
(g) Within 6 months after July 21, 1997, the Agency shall propose rules prescribing procedures
and standards for its administration of this Section. Within 6 months after
receipt of the Agency's proposed rules, the Board shall adopt on second notice,
pursuant to Sections 27 and 28 of this Act and the Illinois Administrative
Procedure Act, rules that are consistent with this Section. Prior to the
effective date of rules adopted under this Section, the Agency may conduct
reviews of applications under this Section and the Agency is further authorized
to distribute guidance documents on costs that are eligible or ineligible as
remediation costs.

(Source: P.A. 94-793, eff. 5-19-06; 94-1021, eff. 7-12-06; 95-454, eff. 8-27-07.)
 
(415 ILCS 5/58.14a)
Sec. 58.14a. River Edge Redevelopment Zone Site Remediation Tax Credit Review.
(a) Prior to applying for the River Edge Redevelopment Zone site remediation tax credit under subsection (n) of Section 201 of the Illinois Income Tax Act, a Remediation Applicant must first submit to the Agency an application for review of remediation costs. The Agency shall review the application. The application and review process must be conducted in accordance with the requirements of this Section and the rules adopted under subsection (g). A preliminary review of the estimated remediation costs for development and implementation of the Remedial Action Plan may be obtained in accordance with subsection (d).
(b) No application for review may be submitted until a No Further Remediation Letter has been issued by the Agency and recorded in the chain of title for the site in accordance with Section 58.10. The Agency shall review the application to determine whether the costs submitted are remediation costs and whether the costs incurred are reasonable. The application must be on forms prescribed and provided by the Agency. At a minimum, the application must include the following:
(c) Within 60 days after receipt by the Agency of an application meeting the requirements of subsection (b), the Agency shall issue a letter to the applicant approving, disapproving, or modifying the remediation costs submitted in the application. If the remediation costs are approved as submitted, then the Agency's letter must state the amount of the remediation costs to be applied toward the River Edge Redevelopment Zone site remediation tax credit. If an application is disapproved or approved with modification of remediation costs, then the Agency's letter must set forth the reasons for the disapproval or modification and must state the amount of the remediation costs, if any, to be applied toward the River Edge Redevelopment Zone site remediation tax credit.
If a preliminary review of a budget plan has been obtained under subsection (d), then the Remediation Applicant may submit, with the application and supporting documentation under subsection (b), a copy of the Agency's final determination accompanied by a certification that the actual remediation costs incurred for the development and implementation of the Remedial Action Plan are equal to or less than the costs approved in the Agency's final determination on the budget plan. The certification must be signed by the Remediation Applicant and notarized. Based on that submission, the Agency is not required to conduct further review of the costs incurred for development and implementation of the Remedial Action Plan, and it may approve the costs as submitted.

Within 35 days after the receipt of an Agency letter disapproving or modifying an application for approval of remediation costs, the Remediation Applicant may appeal the Agency's decision to the Board in the manner provided for the review of permits under Section 40 of this Act.
(d) A Remediation Applicant may obtain a preliminary review of estimated remediation costs for the development and implementation of the Remedial Action Plan by submitting a budget plan along with the Remedial Action Plan. The budget plan must be set forth on forms prescribed and provided by the Agency and must include, without limitation, line-item estimates of the costs associated with each line item (such as personnel, equipment, and materials) that the Remediation Applicant anticipates will be incurred for the development and implementation of the Remedial Action Plan. The Agency shall review the budget plan along with the Remedial Action Plan to determine whether the estimated costs submitted are remediation costs and whether the costs estimated for the activities are reasonable.
If the Remedial Action Plan is amended by the Remediation Applicant or as a result of Agency action, then the corresponding budget plan must be revised accordingly and resubmitted for Agency review.
The budget plan must be accompanied by the applicable fee as set forth in subsection (e).
The submittal of a budget plan is deemed to be an automatic 60-day waiver of the Remedial Action Plan review deadlines set forth in this Section and its rules.
Within the applicable period of review, the Agency shall issue a letter to the Remediation Applicant approving, disapproving, or modifying the estimated remediation costs submitted in the budget plan. If a budget plan is disapproved or approved with modification of estimated remediation costs, then the Agency's letter must set forth the reasons for the disapproval or modification.
Within 35 days after receipt of an Agency letter disapproving or modifying a budget plan, the Remediation Applicant may appeal the Agency's decision to the Board in the manner provided for the review of permits under Section 40 of this Act.
(e) Any fee for a review conducted under this Section is in addition to any other fees or payments for Agency services rendered under the Site Remediation Program. The fees under this Section are as follows:
The application fee must be made payable to the State of Illinois, for deposit into the Hazardous Waste Fund.

Pursuant to appropriation, the Agency shall use the fees collected under this subsection for development and administration of the review program.
(f) The Agency has the authority to enter into any contracts or agreements that may be necessary to carry out its duties and responsibilities under this Section.
(g) The Agency shall adopt rules prescribing procedures and standards for its administration of this Section. Prior to the
effective date of rules adopted under this Section, the Agency may conduct reviews of applications under this Section. The Agency may publish informal guidelines concerning this Section to provide guidance.


(Source: P.A. 102-444, eff. 8-20-21.)
 
(415 ILCS 5/58.15)
Sec. 58.15. Brownfields Programs.

(A) Brownfields Redevelopment Loan Program.
(a) The Agency shall establish and administer a revolving loan program to
be known as the "Brownfields Redevelopment Loan Program" for the purpose of
providing loans to be used for site investigation, site remediation, or both,
at brownfields sites. All principal, interest, and penalty payments from loans
made under this subsection (A) shall be deposited into the
Brownfields Redevelopment
Fund and reused in accordance with this Section.
(b) General requirements for loans:
(c) The Agency shall have the authority to enter into any contracts or
agreements that may be necessary to carry out its duties or responsibilities
under this subsection (A). The Agency shall have the authority
to promulgate
regulations setting forth procedures and criteria for administering the
Brownfields Redevelopment Loan Program. The regulations promulgated by the
Agency for loans under this subsection (A) shall include, but
need not be limited to,
the following elements:
(d) Moneys in the Brownfields Redevelopment Fund may be used as a source
of revenue or security for the principal and interest on revenue or general
obligation bonds issued by the State or any political subdivision or
instrumentality thereof, if the proceeds of those bonds will be deposited
into the Fund.

(B) Brownfields Site Restoration Program.
(b) Prior to applying to the Agency for payment, a Remediation Applicant
shall first submit to the
Agency its proposed remediation costs. The Agency shall make a
pre-application assessment, which is not to be binding upon future review of the project, relating
only to whether the Agency has adequate funding to
reimburse the applicant for the remediation costs if the applicant is found to
be eligible for reimbursement of remediation costs. If the Agency determines
that it is likely to have adequate funding to reimburse the applicant for
remediation costs, the Remediation Applicant may then submit to the Agency
an
application for review of eligibility. The Agency must review the
eligibility application to determine whether the Remediation Applicant is
eligible for the payment. The application must be on forms prescribed and
provided by the Agency. At a minimum,
the application must include the
following:
(c) The fee for eligibility reviews conducted by the Agency under this subsection (B) is $1,000 for each site
reviewed. The
application fee must be made payable to the Agency
for deposit into the Brownfields Redevelopment Fund. These application fees shall be used by the Agency

for administrative expenses incurred under this subsection (B).
(d) Within 60 days after receipt by the Agency of an application meeting
the requirements of subdivision (B)(b), the Agency must issue a letter to the
applicant approving the application, approving the application with
modifications, or disapproving the application. If the application is
approved or approved with modifications, the Agency's letter must also
include its determination of the
"net economic benefit" of the remediation project and the maximum amount of the
payment to be made available to the applicant for remediation costs. The
payment by the Agency under this subsection (B) must not exceed
the "net economic
benefit" of the remediation project.
(e) An application for a review of remediation costs must not be submitted
to the Agency unless the Agency has
determined the Remediation Applicant is
eligible under subdivision (B)(d). If the Agency has determined that a
Remediation Applicant is eligible under subdivision (B)(d),
the Remediation
Applicant may submit an application for payment to the Agency under this
subsection (B). Except as provided in subdivision (B)(f),
an
application for
review of remediation costs must not be submitted until a No Further
Remediation Letter has been issued by the Agency and recorded in the chain of
title for the site in accordance with Section 58.10. The Agency must review
the application to determine whether the costs submitted are remediation costs
and whether the costs incurred are reasonable. The application must be on
forms prescribed and provided by the Agency. At a minimum, the application
must include the following:
(f) An application for review of remediation costs may be submitted to the
Agency prior to the issuance of a No Further Remediation Letter if the
Remediation Applicant has a Remedial Action Plan approved by the Agency under
the terms of which the Remediation Applicant will remediate groundwater for
more than one year. The Agency must review the application to determine
whether the costs submitted are remediation costs and whether the costs
incurred are reasonable. The application must be on forms prescribed and
provided by the Agency. At a minimum, the application must include the
following:
(g) For a Remediation Applicant seeking a payment under subdivision
(B)(f),
until the Agency issues a No Further Remediation Letter for the site, no more
than 75% of the allowed payment may be claimed by the Remediation Applicant.
The remaining 25% may be claimed following the issuance by the Agency of a
No Further Remediation Letter for the site. For a Remediation Applicant
seeking a payment under subdivision (B)(e), until the
Agency issues a No Further
Remediation Letter for the site, no payment may be
claimed by the Remediation Applicant.
(j) The fees for reviews conducted by the Agency under this subsection (B)
are in
addition to any other fees or payments for Agency services rendered pursuant to
the Site Remediation Program and are as follows:
The application fee and the fee for the review of the budget plan must be
made payable to the State of Illinois, for
deposit into the Brownfields Redevelopment Fund.
(k) Moneys in the Brownfields Redevelopment Fund may be used for the
purposes of this Section, including payment for the costs of
administering this subsection (B).
Any moneys remaining in the Brownfields Site Restoration Program Fund on the
effective date of this amendatory Act of the 92nd General Assembly shall be
transferred to the Brownfields Redevelopment Fund.
Total payments made to all Remediation Applicants by the Agency for purposes of
this subsection (B) must not exceed $1,000,000 in State fiscal year 2002.
(l) The Agency is authorized to enter into any
contracts
or
agreements that may be necessary to carry out the Agency's duties and responsibilities
under this subsection (B).
(m) Within 6 months after the effective date of this amendatory Act of
2002,
the Department of Commerce and Community Affairs (now Department of Commerce and Economic Opportunity) and the Agency must propose
rules prescribing procedures and
standards for the administration of this subsection (B). Within 9 months after
receipt of the proposed rules, the Board shall adopt on second notice, pursuant
to Sections 27 and 28 of this Act and the Illinois Administrative Procedure
Act, rules that are consistent with this subsection (B). Prior to the
effective date
of rules adopted under this subsection (B), the Department of Commerce and
Community
Affairs (now Department of Commerce and Economic Opportunity)
and the Agency may conduct
reviews of applications under this subsection (B) and the Agency is further
authorized
to distribute guidance documents on costs that are eligible or ineligible as
remediation costs.

(Source: P.A. 102-444, eff. 8-20-21.)
 
(415 ILCS 5/58.16)
Sec. 58.16. Construction of school; requirements. This Section applies
only to counties with a population of more than 3,000,000. In this Section,
"school" means any public school located in whole or in part in a county with
a population of more than 3,000,000. No person shall commence construction on
real property of a building intended for use as a school unless:
No person shall cause or allow any person to occupy a building intended
to be used as a school for which a remedial action plan is required by Board
regulations unless all work pursuant to the remedial action plan is completed.

(Source: P.A. 98-756, eff. 7-16-14.)
 
(415 ILCS 5/58.17)
Sec. 58.17.
Environmental Land Use Control.
No later than 2 months after
July 7, 2000, the
Agency, after consideration of the recommendations of the Regulations and Site
Remediation Advisory Committee, shall propose rules creating an instrument to
be known as the Environmental Land Use Control (ELUC). Within 6 months after
receipt of the Agency's proposed rules, the Board shall adopt, pursuant to
Sections 27 and 28 of this Act, rules creating the ELUC that establish land
use limitations or obligations on the use of real property when necessary to
manage risk to human health or the environment arising from contamination left
in place pursuant to the procedures set forth in Section 58.5 of this Act or
35 Ill. Adm. Code 742. The rules shall include provisions addressing
establishment, content, recording, duration, and enforcement of ELUCs.

(Source: P.A. 91-909, eff. 7-7-00; 92-574, eff. 6-26-02.)
 
(415 ILCS 5/58.18)
Sec. 58.18.
(Repealed).

(Source: P.A. 92-486, eff. 1-1-02. Repealed by P.A. 92-715, eff. 7-23-02.)

Structure Illinois Compiled Statutes