415 ILCS 5/57.10
2021 Illinois Compiled Statutes|Chapter 415 - ENVIRONMENTAL SAFETY|415 ILCS 5/ - Environmental Protection Act.|Title XVI - Petroleum Underground Storage Tanks

Sec. 57.10. Professional Engineer or Professional Geologist  certification; presumptions against liability.(a) Within 120 days of the Agency's receipt of a  corrective action completion report, the Agency  shall issue to the owner or operator a "no further remediation letter" unless  the Agency has requested a modification, issued a rejection under  subsection (d) of this Section, or the report has been rejected by operation  of law.(b) By certifying such a statement, a Licensed Professional Engineer or  Licensed Professional Geologist shall in no way be liable thereon, unless  the engineer or geologist gave such certification despite his or her actual  knowledge that the performed measures were not in compliance with applicable  statutory or regulatory requirements or any plan submitted to the Agency.(c) The Agency's issuance of a no further remediation letter shall signify,  based on the certification of the Licensed Professional Engineer, that:(1) all statutory and regulatory corrective action     requirements applicable to the occurrence have been complied with;(2) all corrective action concerning the remediation     of the occurrence has been completed; and(3) no further corrective action concerning the     occurrence is necessary for the protection of human health, safety and the environment.This subsection (c) does not apply to off-site contamination related to the occurrence that has not been remediated due to denial of access to the off-site property.(d) The no further remediation letter issued under this  Section  shall apply in favor of the following  parties:(1) The owner or operator to whom the letter was     issued.(2) Any parent corporation or subsidiary of such     owner or operator.(3) Any co-owner or co-operator, either by joint     tenancy, right-of-survivorship, or any other party sharing a legal relationship with the owner or operator to whom the letter is issued.(4) Any holder of a beneficial interest of a land     trust or inter vivos trust whether revocable or irrevocable.(5) Any mortgagee or trustee of a deed of trust of     such owner or operator.(6) Any successor-in-interest of such owner or     operator.(7) Any transferee of such owner or operator whether     the transfer was by sale, bankruptcy proceeding, partition, dissolution of marriage, settlement or adjudication of any civil action, charitable gift, or bequest.(8) Any heir or devisee or such owner or operator.(9) An owner of a parcel of real property to the     extent that the no further remediation letter under subsection (c) of this Section applies to the occurrence on that parcel.(e) If the Agency notifies the owner or operator that the "no  further  remediation" letter has been rejected, the grounds for such rejection shall be  described in the notice.  Such a decision shall be a final determination which  may be appealed by the owner or operator.(f) The Board shall adopt rules setting forth the criteria under which the  Agency may require an owner or operator to conduct further investigation or  remediation related to a release for which a no further remediation letter  has been issued.(g) Holders of security interests in sites subject to the requirements of  this Title XVI shall be entitled to the same protections and subject to the  same responsibilities provided under general regulations promulgated under  Subtitle I of the Hazardous and Solid Waste Amendments of 1984 (P.L. 98-616)  of the Resource Conservation and Recovery Act of 1976 (P.L. 94-580).       (Source: P.A. 94-276, eff. 1-1-06.)