2023 Illinois Compiled Statutes › Chapter 415 - ENVIRONMENTAL SAFETY › 415 ILCS 5/ - Environmental Protection Act. › Title XVII - Site Remediation Program

(415 ILCS 5/Tit. XVII heading)
TITLE XVII:  
		SITE REMEDIATION PROGRAM
(415 ILCS 5/58)
Sec. 58. 
		Intent. 
		It is the intent of this Title:
(1) To establish a risk-based system of remediation     based on protection of human health and the environment relative to present and future uses of the site.
(2) To assure that the land use for which  remedial     action was undertaken will not be modified without consideration of the adequacy of such remedial action for the new land use.
(3) To provide incentives to the private sector to     undertake  remedial action.
(4) To establish expeditious alternatives for the     review of site investigation and remedial activities, including a privatized review process.
(5) To assure that the resources of the Hazardous     Waste Fund are used in a manner that is protective of human health and the environment relative to present and future uses of the site and surrounding area.
(6) To provide assistance to units of local     government for remediation of properties contaminated or potentially contaminated by commercial, industrial, or other uses, to provide loans for the redevelopment of brownfields, and to establish and provide for the administration of the Brownfields Redevelopment Fund.
		(Source: P.A. 90-123, eff.
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 an 
owner or operator of the site or a person authorized by law or consent  to act
on behalf of or in lieu of an 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. 103-172, eff. 1-1-24.)
(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.
(2) The State Treasurer, ex officio, shall be the     custodian of the Fund, and the Comptroller shall direct payments from the Fund upon vouchers properly certified by the Agency.  The Treasurer shall credit to the Fund interest earned on moneys contained in the Fund.  The Agency shall have the authority to accept, receive, and administer on behalf of the State any grants, gifts, loans, reimbursements or payments for services, or other moneys made available to the State from any source for purposes of the Fund.  Those moneys shall be deposited into the Fund, unless otherwise required by the Environmental Protection Act or by federal law.
(3) Pursuant to appropriation, all moneys in the Fund     shall be used by the Agency for the purposes set forth in subdivision (b)(4) of this Section and Sections 58.13 and 58.15 of this Act and to cover the Agency's costs of program development and administration under those Sections.
(4) The Agency shall have the power to enter into     intergovernmental agreements with the federal government or the State, or any instrumentality thereof, for purposes of capitalizing the Brownfields Redevelopment Fund. Moneys on deposit in the Brownfields Redevelopment Fund may be used for the creation of reserve funds or pledged funds that secure the obligations of repayment of loans made pursuant to Section 58.15 of this Act.  For the purpose of obtaining capital for deposit into the Brownfields Redevelopment Fund, the Agency may also enter into agreements with financial institutions and other persons for the purpose of selling loans and developing a secondary market for such loans.  The Agency shall have the power to create and establish such reserve funds and accounts as may be necessary or desirable to accomplish its purposes under this subsection and to allocate its available moneys into such funds and accounts.  Investment earnings on moneys held in the Brownfields Redevelopment Fund, including any reserve fund or pledged fund, shall be deposited into the Brownfields Redevelopment Fund.
(5) The Agency is authorized to administer funds made     available to the Agency under federal law, including but not limited to the Small Business Liability Relief and Brownfields Revitalization Act, related to brownfields cleanup and reuse in accordance with that law and this Title.
(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.
(1) Except as provided in subdivisions (b)(2) or     (b)(3) of this Section, remediation objectives established under this Section shall not require remediation of regulated substances to levels that are less than area background levels.
(2) In the event that the concentration of a     regulated substance of concern on the site exceeds a remediation objective adopted by the Board for residential land use, the property may not be converted to residential use unless such remediation objective or an alternate risk-based remediation objective for that regulated substance of concern is first achieved.
(3) In the event that the Agency has determined in     writing that the background level for a regulated substance poses an acute threat to human health or the environment at the site  when considering the post-remedial action land use, the RA  shall develop appropriate risk-based remediation objectives in accordance with this Section.
(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.
(1) The regulations shall provide for the adoption of     a three-tiered process for a RA to establish remediation objectives protective of human health and the environment based on identified risks and specific site characteristics at and around the site.
(2) The regulations shall provide procedures for     using alternative tiers in developing remediation objectives for multiple regulated substances.
(3) The regulations shall provide procedures for     determining area background contaminant levels.
(4) The methodologies adopted under this Section     shall ensure that the following factors are taken into account in determining remediation objectives:
(A) potential risks posed by carcinogens and         noncarcinogens; and
(B) the presence of multiple substances of         concern and multiple exposure pathways.
(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:
(1) Tier I remediation objectives expressed as a     table of numeric values for soil and groundwater.  Such objectives may be of different values dependent on potential pathways at the site and different land uses, including residential and nonresidential uses.
(2) Tier II remediation objectives shall include the     formulae and equations used to derive the Tier II objectives and input variables for use in the formulae. The RA may alter the input variables when it is demonstrated that the specific circumstances at and around the site including land uses warrant such alternate variables.
(3) Tier III remediation objectives shall include     methodologies to allow for the development of site-specific risk-based remediation objectives for soil or groundwater, or both, for regulated substances.  Such methodology shall allow for different remediation objectives for residential and various categories of non-residential land uses.  The Board's future adoption of a methodology pursuant to this Section shall in no way preclude the use of a nationally recognized methodology to be used for the development of site-specific risk-based objectives for regulated substances under this Section.  In determining Tier III remediation objectives under this subsection, all of the following factors shall be considered:
(A) The use of specific site characteristic data.
(B) The use of appropriate exposure factors for         the current and currently planned future land use of the site and adjacent property and the effectiveness of engineering, institutional, or legal controls placed on the current or future use of the site.
(C) The use of appropriate statistical         methodologies to establish statistically valid remediation objectives.
(D) The actual and potential impact of regulated         substances to receptors.
(4) For regulated substances that have a groundwater     quality standard established pursuant to the Illinois Groundwater Protection Act and rules promulgated thereunder, site specific groundwater remediation objectives may be proposed under the methodology established in subdivision (d) (3) of this Section at values greater than the groundwater quality standards.
(A) The RA proposing any site specific         groundwater remediation objective at a value greater than the applicable groundwater quality standard shall demonstrate:
(i) To the extent practical, the exceedance             of the groundwater quality standard has been minimized and beneficial use appropriate to the groundwater that was impacted has been returned; and
(ii) Any threat to human health or the             environment has been minimized.
(B) The rules proposed by the Agency and adopted         by the Board under this Section shall include criteria required for the demonstration of the suitability of groundwater objectives proposed under subdivision (b) (4) (A) of this Section.
(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.
(2) The RA shall compile the results of the     investigations into a Site Investigation Report.  At a minimum, the reports shall include the following, as applicable:
(A) Executive summary;
(B) Site history;
(C) Site-specific sampling methods and results;
(D) Documentation of field activities, including         quality assurance project plan;
(E) Interpretation of results; and
(F) Conclusions.
(c) Remediation Objectives Report.
(1) If a RA  elects to determine remediation     objectives appropriate for the site using the Tier II or Tier III procedures under subsection (d)  of Section 58.5, the RA shall develop such remediation objectives based on site-specific information. In support of such remediation objectives, the RA shall prepare  a Remediation Objectives Report demonstrating how the site-specific objectives were calculated or otherwise determined.
(2) If a RA  elects to determine remediation     objectives appropriate for the site using the area background procedures under subsection (b)  of Section 58.5, the RA shall develop such remediation objectives based on site-specific literature review, sampling protocol, or appropriate statistical methods in accordance with Board rules.   In support of such remediation objectives, the RA shall prepare a Remediation Objectives Report demonstrating how the area background remediation objectives were determined.
(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:
(1) Executive summary;
(2) Statement of remediation objectives;
(3)  Remedial technologies selected;
(4) Confirmation sampling plan;
(5) Current and projected future use of the property;     and
(6) Applicable preventive, engineering, and     institutional controls including long-term reliability, operating, and maintenance plans, and monitoring procedures.
(e) Remedial Action Completion Report.
(1) Upon completion of the Remedial Action Plan, the     RA shall prepare a Remedial Action Completion Report.  The report shall demonstrate whether the remedial action was completed in accordance with the approved Remedial Action Plan and whether the remediation objectives, as well as any other requirements of the plan, have been attained.
(2) If the approved remediation objectives for the     regulated substances of concern established under Section 58.5 are equal to or above the levels existing at the site prior to any remedial action, notification and documentation of such shall constitute the entire Remedial Action Completion Report for purposes of this Title.
(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.
(1) Except for sites excluded under subdivision     (a)(2) of Section 58.1, the Agency shall, subject to available resources, agree to provide review and evaluation services for activities carried out pursuant to this Title for which the RA requested the services in writing. As a condition for providing such services, the Agency may require that the RA for a site:
(A) Conform with the procedures of this Title;
(B) Allow for or otherwise arrange site visits or         other site evaluation by the Agency when so requested;
(C) Agree to perform the Remedial Action Plan as         approved under this Title;
(D) Agree to pay any reasonable costs incurred         and documented by the Agency in providing such services;
(E) Make an advance partial payment to the Agency         for such anticipated services in the amount of $2,500; and
(F) Demonstrate, if necessary, authority to act         on behalf of or in lieu of the owner or operator.
(2) Any moneys received by the State for costs     incurred by the Agency in performing review or evaluation services for actions conducted pursuant to this Title shall be deposited in the Hazardous Waste Fund.
(3) An RA requesting services under subdivision     (b)(1) of this Section may, at any time, notify the Agency, in writing, that Agency services previously requested are no longer wanted. Within 180 days after receipt of the notice, the Agency shall provide the RA with a final invoice for services provided until the date of such notifications.
(4) The Agency may invoice or otherwise request or     demand payment from a RA for costs incurred by the Agency in performing review or evaluation services for actions by the RA at sites only if:
(A) The Agency has incurred costs in performing         response actions, other than review or evaluation services, due to the failure of the RA to take response action in accordance with a notice issued pursuant to this Act;
(B) The RA has agreed in writing to the payment         of such costs;
(C) The RA has been ordered to pay such costs by         the Board or a court of competent jurisdiction pursuant to this Act; or
(D) The RA has requested or has consented to         Agency review or evaluation services under subdivision (b)(1) of this Section.
(5) The Agency may, subject to available resources,     agree to provide review and evaluation services for response actions if there is a written agreement among parties to a legal action or if a notice to perform a response action has been issued by the Agency.
(c) Review and evaluation by a RELPEG. 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.
(1) Prior to entering into the contract with the     RELPEG, the RA shall notify the Agency of the RELPEG to be selected. The Agency and the RA shall discuss the potential terms of the contract.
(2) At a minimum, the contract with the RELPEG shall     provide that the RELPEG will submit any reports directly to the Agency, will take his or her directions for work assignments from the Agency, and will perform the assigned work on behalf of the Agency.
(3) Reasonable costs incurred by the Agency shall be     paid by the RA directly to the Agency in accordance with the terms of the review and evaluation services agreement entered into under subdivision (b)(1) of Section 58.7.
(4) In no event shall the RELPEG acting on behalf of     the Agency be an employee of the RA or the owner or operator of the site or be an employee of any other person the RA has contracted to provide services relative to the site.
(d) Review and approval. All reviews required under this Title shall be carried out by the Agency or a RELPEG contracted by the RA pursuant to subsection (c).
(1) All review activities conducted by the Agency or     a RELPEG shall be carried out in conformance with this Title and rules promulgated under Section 58.11.
(2) Subject to the limitations in subsection (c) and     this subsection (d), the specific plans, reports, and activities that the Agency or a RELPEG may review include:
(A) Site Investigation Reports and related         activities;
(B) Remediation Objectives Reports;
(C) Remedial Action Plans and related activities;         and
(D) Remedial Action Completion Reports and         related activities.
(3) Only the Agency shall have the authority to     approve, disapprove, or approve with conditions a plan or report as a result of the review process including those plans and reports reviewed by a RELPEG. If the Agency disapproves a plan or report or approves a plan or report with conditions, the written notification required by subdivision (d)(4) of this Section shall contain the following information, as applicable:
(A) An explanation of the Sections of this Title         that may be violated if the plan or report was approved;
(B) An explanation of the provisions of the rules         promulgated under this Title that may be violated if the plan or report was approved;
(C) An explanation of the specific type of         information, if any, that the Agency deems the applicant did not provide the Agency;
(D) A statement of specific reasons why the Title         and regulations might not be met if the plan or report were approved; and
(E) An explanation of the reasons for conditions         if conditions are required.
(4) Upon approving, disapproving, or approving with     conditions a plan or report, the Agency shall notify the RA in writing of its decision. In the case of approval or approval with conditions of a Remedial Action Completion Report, the Agency shall prepare a No Further Remediation Letter that meets the requirements of Section 58.10 and send a copy of the letter to the RA.
(5) All reviews undertaken by the Agency or a RELPEG     shall be completed and the decisions communicated to the RA within 60 days of the request for review or approval of a single plan or report and within 90 days after the request for review or approval of 2 or more plans or reports submitted concurrently. The RA may waive the deadline upon a request from the Agency. If the Agency disapproves or approves with conditions a plan or report or fails to issue a final decision within the applicable 60-day or 90-day period and the RA has not agreed to a waiver of the deadline, the RA may, within 35 days, file an appeal to the Board. Appeals to the Board shall be in the manner provided for the review of permit decisions in Section 40 of this Act.
(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:
(1) Site Investigation Reports and related     activities: Whether investigations have been conducted and the results compiled in accordance with the appropriate procedures and whether the interpretations and conclusions reached are supported by the information gathered. In making the determination, the following factors shall be considered:
(A) The adequacy of the description of the site         and site characteristics that were used to evaluate the site;
(B) The adequacy of the investigation of         potential pathways and risks to receptors identified at the site; and
(C) The appropriateness of the sampling and         analysis used.
(2) Remediation Objectives Reports: Whether the     remediation objectives are consistent with the requirements of the applicable method for selecting or determining remediation objectives under Section 58.5. In making the determination, the following factors shall be considered:
(A) If the objectives were based on the         determination of area background levels under subsection (b) of Section 58.5, whether the review of current and historic conditions at or in the immediate vicinity of the site has been thorough and whether the site sampling and analysis has been performed in a manner resulting in accurate determinations;
(B) If the objectives were calculated on the         basis of predetermined equations using site specific data, whether the calculations were accurately performed and whether the site specific data reflect actual site conditions; and
(C) If the objectives were determined using a         site specific risk assessment procedure, whether the procedure used is nationally recognized and accepted, whether the calculations were accurately performed, and whether the site specific data reflect actual site conditions.
(3) Remedial Action Plans and related activities:     Whether the plan will result in compliance with this Title, and rules adopted under it and attainment of the applicable remediation objectives. In making the determination, the following factors shall be considered:
(A) The likelihood that the plan will result in         the attainment of the applicable remediation objectives;
(B) Whether the activities proposed are         consistent with generally accepted engineering practices; and
(C) The management of risk relative to any         remaining contamination, including but not limited to, provisions for the long-term enforcement, operation, and maintenance of institutional and engineering controls, if relied on.
(4) Remedial Action Completion Reports and related     activities: Whether the remedial activities have been completed in accordance with the approved Remedial Action Plan and whether the applicable remediation objectives have been attained.
(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.
(1) The Agency shall develop guidance to assist RA's     in the implementation of a community relations plan to address activity at sites undergoing remedial action pursuant to this Title.
(2) The RA may elect to enter into a services     agreement with the Agency for Agency assistance in community outreach efforts.
(3) The Agency shall maintain a registry listing     those sites undergoing remedial action pursuant to this Title.
(4) Notwithstanding any provisions of this Section,     the RA of a site undergoing remedial activity pursuant to this Title may elect to initiate a community outreach effort for the site.
(i) Notwithstanding any other provision of this Title, the Agency is not required to take action on any submission under this Title from or on behalf of an RA if the RA has failed to pay all fees due pursuant to an invoice or other request or demand for payment under this Title. Any deadline for Agency action on such a submission shall be tolled until the fees due are paid in full.
(Source: P.A. 103-172, eff. 1-1-24.)
(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.
(1) Notwithstanding any other provisions of this Act     to the contrary, including subsection (f) of Section 22.2, in no event may the Agency, the State of Illinois, or any person bring an action pursuant to this Act or the Groundwater Protection Act to require any person to conduct remedial action or to seek recovery of costs for remedial activity conducted by the State of Illinois or any person beyond the remediation of releases of regulated substances that may be attributed to being proximately caused  by such person's act or omission or beyond such person's proportionate degree of responsibility for costs of the remedial action of releases of regulated substances that were proximately caused or contributed to by 2 or more persons.
(2) Notwithstanding any provisions in this Act to the     contrary, including subsection (f) of Section 22.2, in no event may the State of Illinois or any person require the  performance of remedial action pursuant to this Act against any of the following:
(A) A person who neither caused nor contributed         to in any material respect a release of regulated substances on, in, or under the site that was identified and addressed by the remedial action taken pursuant to this Title.
(B) Notwithstanding a landlord's rights against a         tenant, a landlord, if the landlord did not know, and could not have reasonably known, of the acts or omissions of a tenant that caused or contributed to, or were likely to have caused or contributed to, a release of regulated substances that resulted in the performance of remedial action at the site.
(C) The State of Illinois or any unit of local         government if it involuntarily acquires ownership or control of the site by virtue of its function as a sovereign through such means as escheat, bankruptcy, tax delinquency, or abandonment, unless the State of Illinois or unit of local government takes possession of the site and exercises actual, direct, and continual or recurrent managerial control in the operation of the site that causes a release or substantial threat of a release of a regulated substance resulting in removal or remedial activity.
(D) The State of Illinois or any unit of local         government if it voluntarily acquires ownership or control of the site through purchase, appropriation, or other means, unless the State of Illinois or the unit of local government takes possession of the site and exercises actual, direct, and continual or recurrent managerial control in the operation of the site that causes a release or substantial threat of a release of a regulated substance resulting in removal or remedial activity.
(E) A financial institution, as that term is         defined in Section 2 of the Illinois Banking Act and to include the Illinois Housing Development Authority, that has acquired the ownership, operation, management, or control of a site through foreclosure, a deed in lieu of foreclosure, receivership, by exercising of an assignment of rents, as mortgagee in possession or otherwise under the terms of a security interest held by the financial institution, or under the terms of an extension of credit made by the financial institution, unless the financial institution takes actual physical possession of the site and, in so doing, directly causes a release of  a regulated substance that results in removal or remedial activity.
(F) A corporate fiduciary that has acquired         ownership, operation, management, or control of a site through acceptance of a fiduciary appointment unless the corporate fiduciary directly causes a release of a regulated substance resulting in a removal or remedial activity.
(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:
(1) An acknowledgment that the requirements of the     Remedial Action Plan and the Remedial Action Completion Report were satisfied;
(2) A description of the location of the affected     property by adequate legal description or by reference to a plat showing its boundaries;
(3) The level of the remediation objectives,     specifying, as appropriate, any land use limitation imposed as a result of such remediation efforts;
(4) A statement  that 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 the Act, so long as the site is utilized in accordance with the terms of the No Further Remediation Letter;
(5) The prohibition against the use of any site in a     manner inconsistent with any land use limitation imposed as a result of such remediation efforts without additional appropriate remedial activities;
(6) A description of any preventive, engineering, and     institutional controls required in the approved Remedial Action Plan and notification that failure to manage the controls in full compliance with the terms of the Remedial Action Plan may result in voidance of the No Further Remediation Letter;
(7) The recording obligations pursuant to Section     58.8;
(8) The opportunity to request a change in the     recorded land use pursuant to Section 58.8;
(9) Notification that further information regarding     the site can be obtained from the Agency through a request under the Freedom of Information Act (5 ILCS 140); and
(10) If only a portion of the site or only selected     regulated substances at a site were the subject of corrective action, any other provisions agreed to by the Agency and the RA.
(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:
(1) The RA  or other person to whom the letter was     issued.
(2) The owner and operator of the site.
(3) Any parent corporation or subsidiary of the owner     of the site.
(4) Any co-owner,  either by joint-tenancy, right of     survivorship, or any other party sharing a legal relationship with the owner of the site.
(5) Any holder of a beneficial interest of a land     trust or inter vivos trust, whether revocable or irrevocable, involving the site.
(6) Any mortgagee or trustee of a deed of trust of     the owner of the site or any assignee, transferee, or any successor-in-interest thereto.
(7) Any successor-in-interest of  the owner  of the     site.
(8) Any transferee of the owner of the site whether     the transfer was by sale,  bankruptcy proceeding, partition, dissolution of marriage, settlement or adjudication of any civil action, charitable gift, or bequest.
(9) Any heir or devisee of the owner of the site.
(10) Any financial institution, as that term is     defined in Section 2 of the Illinois Banking Act and to include the Illinois Housing Development Authority, that has acquired the ownership, operation, management, or control of a site through foreclosure or under the terms of a security interest held by the financial institution, under the terms of an extension of credit made by the financial institution, or any successor in interest thereto.
(11) In the case of a fiduciary (other than a land     trustee), the estate, trust estate, or other interest in property held in a fiduciary capacity, and a trustee, executor, administrator, guardian, receiver, conservator, or other person who holds the remediated site in a fiduciary capacity, or a transferee of such party.
(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:
(1) Any violation of institutional controls or land     use restrictions, if applicable;
(2) The failure of the owner, operator, RA, or any     subsequent transferee to operate and maintain preventive or engineering controls or comply with a groundwater monitoring plan, if applicable;
(3) The disturbance or removal of contamination that     has been left in place in accordance with the Remedial Action Plan;
(4) The failure to comply with the recording     requirements of Section 58.8;
(5) Obtaining the No Further Remediation Letter by     fraud or misrepresentation;
(6) Subsequent discovery of contaminants, not     identified as part of the investigative or remedial activities upon which the issuance of the No Further Remediation Letter was based, that pose a threat to human health or the environment; or
(7) The failure to pay the No Further Remediation     Assessment required under subsection (g) of this Section.
(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.
(1) Within 35 days of the receipt of the notice of     voidance, the RA or current title holder may appeal the Agency's decision to the Board in the manner provided for the review of permits in Section 40 of this Act.  If the Board fails to take final action on the petition within 120 days, unless such time period is waived by the petitioner, the petition shall be deemed denied and the petitioner shall be entitled to an Appellate Court order pursuant to subsection (d) of Section 41 of this Act.  The Agency shall have the burden of proof in any such action.
(2) If the Agency's action is not appealed, the     Agency shall submit the notice of voidance to the Office of the Recorder or the Registrar of Titles for the county in which the site is located.  The notice shall be filed in accordance with Illinois law so that it forms a permanent part of the chain of title for the site.
(3) If the Agency's action is appealed, the action     shall not become effective until the appeal process has been exhausted and a final decision reached by the Board or courts.
(4) Upon receiving notice of appeal, the Agency shall     file a notice of lis pendens with the Office of the Recorder or the Registrar of Titles for the county in which the site is located.  The notice shall be filed in accordance with Illinois law so that it becomes a part of the chain of title for the site. However, if the Agency's action is not upheld on appeal, the notice of lis pendens shall be removed in accordance with Illinois law within 45 days of receipt of the final decision of the Board or the courts.
(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:
(1) Review, evaluate, and make recommendations     regarding State laws, rules, and procedures that relate to site remediations.
(2) Review, evaluate, and make recommendations     regarding the review and approval activities of the Agency and Review and Evaluation Licensed Professional Engineers and Geologists.
(3) Make recommendations relating to the State's     efforts to  implement this Title.
(4) Review, evaluate, and make recommendations     regarding the procedures for determining proportionate degree of responsibility for a release of regulated substances.
(5) Review, evaluate, and make recommendations     regarding the reports prepared by the Agency in accordance with subsection (e) of this Section.
(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.
(2) Grants shall be awarded on a competitive basis     subject to availability of funding.  Criteria for awarding grants shall include, but shall not be limited to the following:
(A) problem statement and needs assessment;
(B) community-based planning and involvement;
(C) implementation planning; and
(D) long-term benefits and sustainability.
(3) The Agency may give weight to geographic location     to enhance geographic distribution of grants across this State.
(4) Except for grants to municipalities with     designated River Edge Redevelopment Zones, grants  shall be limited to a maximum of $240,000, and no municipality shall receive more than this amount under this Section. For grants to municipalities with designated River Edge Redevelopment Zones and grants to municipalities awarded from funds provided under the American Recovery and Reinvestment Act of 2009, grants shall be limited to a maximum of $2,000,000 and no municipality shall receive more than this amount under this Section. For grants to municipalities awarded from funds provided under the American Recovery and Reinvestment Act of 2009, grants shall be limited to a maximum of $1,000,000 and no municipality shall receive more than this amount under this Section.
(5) Grant amounts shall not exceed 70% of the project     amount, with the remainder to be provided by the municipality as local matching funds.
(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:
(1) purposes for which grants are available;
(2) application periods and content of applications;
(3) procedures and criteria for Agency review of     grant applications, grant approvals and denials, and grantee acceptance;
(4) grant payment schedules;
(5) grantee responsibilities for work schedules, work     plans, reports, and record keeping;
(6) evaluation of grantee performance, including but     not limited to auditing and access to sites and records;
(7) requirements applicable to contracting and     subcontracting by the grantee;
(8) penalties for noncompliance with grant     requirements and conditions, including stop-work orders, termination of grants, and recovery of grant funds;
(9) indemnification of this State and the Agency by     the grantee; and
(10) manner of compliance with the Local Government     Professional Services Selection Act.
(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:
(1) a hazardous substance or pesticide; or
(2) petroleum from an underground storage tank.
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:
(1) information identifying the Remediation Applicant     and the site for which the tax credit is being sought and the date of acceptance of the site into the Site Remediation Program;
(2) a copy of the No Further Remediation Letter with     official verification that the letter has been recorded in the chain of title for the site and a demonstration that the site for which the application is submitted is the same site as the one for which the No Further Remediation Letter is issued;
(3) a demonstration that the release of the regulated     substances of concern for which the No Further Remediation Letter was issued were not caused or contributed to in any material respect by the Remediation Applicant.  After the Pollution Control Board rules are adopted pursuant to the Illinois Administrative Procedure Act for the administration and enforcement of Section 58.9 of the Environmental Protection Act, determinations as to credit availability shall be made consistent with those rules;
(4) an itemization and documentation, including     receipts, of the remediation costs incurred;
(5) a demonstration that the costs incurred are     remediation costs as defined in this Act and its rules;
(6) a demonstration that the costs submitted for     review were incurred by the Remediation Applicant who received the No Further Remediation Letter;
(7) an application fee in the amount set forth in     subsection (e) for each site for which review of remediation costs is requested and, if applicable, certification from the Department of Commerce and Economic Opportunity that the site is located in an enterprise zone;
(8) any other information deemed appropriate by the     Agency.
(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.
(2) If the Remedial Action Plan is amended by the     Remediation Applicant or as a result of Agency action, the corresponding budget plan shall be revised accordingly and resubmitted for Agency review.
(3) The budget plan shall be accompanied by the     applicable fee as set forth in subsection (e).
(4) Submittal of a budget plan shall be deemed an     automatic 60-day waiver of the Remedial Action Plan review deadlines set forth in this Section and its rules.
(5) 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, the Agency's letter shall set forth the reasons for the disapproval or modification.
(6) 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 in Section 40 of this Act.
(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:
(1) The fee for an application for review of     remediation costs shall be $1,000 for each site reviewed.
(2) The fee for the review of the budget plan     submitted under subsection (d) shall be $500 for each site reviewed.
(3) In the case of a Remediation Applicant submitting     for review total remediation costs of $100,000 or less for a site located within an enterprise zone (as set forth in paragraph (i) of subsection (l) of Section 201 of the Illinois Income Tax Act), the fee for an application for review of remediation costs shall be $250 for each site reviewed. For those sites, there shall be no fee for review of a budget plan under subsection (d).
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:
(1) information identifying the Remediation     Applicant, the site for which the tax credit is being sought, and the date of acceptance of the site into the Site Remediation Program;
(2) a copy of the No Further Remediation Letter with     official verification that the letter has been recorded in the chain of title for the site and a demonstration that the site for which the application is submitted is the same site as the one for which the No Further Remediation Letter is issued;
(3) a demonstration that the release of the regulated     substances of concern for which the No Further Remediation Letter was issued were not caused or contributed to in any material respect by the Remediation Applicant.  Determinations as to credit availability shall be made consistent with the Pollution Control Board rules for the administration and enforcement of Section 58.9 of this Act;
(4) an itemization and documentation, including     receipts, of the remediation costs incurred;
(5) a demonstration that the costs incurred are     remediation costs as defined in this Act and its rules;
(6) a demonstration that the costs submitted for     review were incurred by the Remediation Applicant who received the No Further Remediation Letter;
(7) an application fee in the amount set forth in     subsection (e) for each site for which review of remediation costs is requested and, if applicable, certification from the Department of Commerce and Economic Opportunity that the site is located in a River Edge Redevelopment Zone; and
(8) any other information deemed appropriate by the     Agency.
(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:
(1) the fee for an application for review of     remediation costs is $250 for each site reviewed; and
(2) there is no fee for the review of the budget plan     submitted under subsection (d).
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:
(1) Loans shall be at or below market interest rates     in accordance with a formula set forth in regulations promulgated under subdivision (A)(c) of this subsection (A).
(2) Loans shall be awarded subject to availability of     funding based on the order of receipt of applications satisfying all requirements as set forth in the regulations promulgated under subdivision (A)(c) of this subsection (A).
(3) The maximum loan amount under this subsection (A)     for any one project is $1,000,000.
(4) In addition to any requirements or conditions     placed on loans by regulation, loan agreements under the Brownfields Redevelopment Loan Program shall include the following requirements:
(A) the loan recipient shall secure the loan         repayment obligation;
(B) completion of the loan repayment shall not         exceed 15 years or as otherwise prescribed by Agency rule; and
(C) loan agreements shall provide for a         confession of judgment by the loan recipient upon default.
(5) Loans shall not be used to cover expenses     incurred prior to the approval of the loan application.
(6) If the loan recipient fails to make timely     payments or otherwise fails to meet its obligations as provided in this subsection (A) or implementing regulations, the Agency is authorized to pursue the collection of the amounts past due, the outstanding loan balance, and the costs thereby incurred, either pursuant to the Illinois State Collection Act of 1986 or by any other means provided by law, including the taking of title, by foreclosure or otherwise, to any project or other property pledged, mortgaged, encumbered, or otherwise available as security or collateral.
(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:
(1) loan application requirements;
(2) determination of credit worthiness of the loan     applicant;
(3) types of security required for the loan;
(4) types of collateral, as necessary, that can be     pledged for the loan;
(5) special loan terms, as necessary, for securing     the repayment of the loan;
(6) maximum loan amounts;
(7) purposes for which loans are available;
(8) application periods and content of applications;
(9) procedures for Agency review of loan     applications, loan approvals or denials, and loan acceptance by the loan recipient;
(10) procedures for establishing interest rates;
(11) requirements applicable to disbursement of loans     to loan recipients;
(12) requirements for securing loan repayment     obligations;
(13) conditions or circumstances constituting default;
(14) procedures for repayment of loans and delinquent     loans including, but not limited to, the initiation of principal and interest payments following loan acceptance;
(15) loan recipient responsibilities for work     schedules, work plans, reports, and record keeping;
(16) evaluation of loan recipient performance,     including auditing and access to sites and records;
(17) requirements applicable to contracting and     subcontracting by the loan recipient, including procurement requirements;
(18) penalties for noncompliance with loan     requirements and conditions, including stop-work orders, termination, and recovery of loan funds; and
(19) indemnification of the State of Illinois and the     Agency by the loan recipient.
(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.
(a)(1) The Agency must establish and administer a
program for the payment of remediation costs to be known as the Brownfields
Site Restoration Program.  The Agency, through
the Program, shall provide
Remediation Applicants with financial assistance for the investigation and
remediation of abandoned or underutilized properties.  The investigation and
remediation shall be performed in accordance with this Title XVII of this Act.
(2) For each State fiscal year in which funds are made available to the
Agency for payment under this subsection (B), the Agency must,
subject to the availability of funds, allocate 20% of the
funds to be available to Remediation Applicants within counties with
populations over 2,000,000.  The
remaining funds must be made available to all other Remediation Applicants in
the State.
(3) The Agency must not approve payment in excess of $750,000 to a
Remediation Applicant for remediation costs incurred at a remediation site.
Eligibility must be determined based on a minimum capital investment in the
redevelopment of the site, and payment amounts must not exceed the net
economic benefit to the State of the remediation project.  In addition to these
limitations, the total payment to be made to an applicant must not exceed an
amount equal to 20% of the capital investment at the site.
(4) Only those remediation projects for which a No Further Remediation
Letter is issued by the Agency after December 31, 2001 are eligible to
participate in the Brownfields Site Restoration Program.  The program does not
apply to any sites that have received a No Further Remediation Letter prior to
December 31, 2001 or for costs incurred prior to the Agency approving a
site eligible for the Brownfields Site Restoration Program.
(5) Brownfields Site Restoration Program funds shall be subject to
availability of funding and distributed based on the order of receipt of
applications satisfying all requirements as set forth in this Section.
(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:
(1) Information identifying the Remediation Applicant     and the site for which the payment is being sought and the date of acceptance into the Site Remediation Program.
(2) Information demonstrating that the site for which     the payment is being sought is abandoned or underutilized property.  "Abandoned property" means real property previously used for, or that has the potential to be used for, commercial or industrial purposes that reverted to the ownership of the State, a county or municipal government, or an agency thereof, through donation, purchase, tax delinquency, foreclosure, default, or settlement, including conveyance by deed in lieu of foreclosure; or privately owned property that has been vacant for a period of not less than 3 years from the time an application is made to the Agency. "Underutilized property" means real property of which less than 35% of the commercially usable space of the property and improvements thereon are used for their most commercially profitable and economically productive uses.
(3) Information demonstrating that remediation of the     site for which the payment is being sought will result in a net economic benefit to the State of Illinois.   The "net economic benefit" must be determined based on factors including, but not limited to, the capital investment, the number of jobs created, the number of jobs retained if it is demonstrated the jobs would otherwise be lost, capital improvements, the number of construction-related jobs, increased sales, material purchases, other increases in service and operational expenditures, and other factors established by the Agency. Priority must be given to sites located in areas with high levels of poverty, where the unemployment rate exceeds the State average, where an enterprise zone exists, or where the area is otherwise economically depressed as determined by the Agency.
(4) An application fee in the amount set forth in     subdivision (B)(c) for each site for which review of an application is being sought.
(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:
(1) Information identifying the Remediation Applicant     and the site for which the payment is being sought and the date of acceptance of the site into the Site Remediation Program.
(2) A copy of the No Further Remediation Letter with     official verification that the letter has been recorded in the chain of title for the site and a demonstration that the site for which the application is submitted is the same site as the one for which the No Further Remediation Letter is issued.
(3) A demonstration that the release of the regulated     substances of concern for which the No Further Remediation Letter was issued was not caused or contributed to in any material respect by the Remediation Applicant.  The Agency must make determinations as to reimbursement availability consistent with rules adopted by the Pollution Control Board for the administration and enforcement of Section 58.9 of this Act.
(4) A copy of the Agency's letter approving     eligibility, including the net economic benefit of the remediation project.
(5) An itemization and documentation, including     receipts, of the remediation costs incurred.
(6) A demonstration that the costs incurred are     remediation costs as defined in this Act and rules adopted under this Act.
(7) A demonstration that the costs submitted for     review were incurred by the Remediation Applicant who received the No Further Remediation Letter.
(8) An application fee in the amount set forth in     subdivision (B)(j) for each site for which review of remediation costs is requested.
(9) Any other information deemed appropriate by the     Agency.
(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:
(1) Information identifying the Remediation Applicant     and the site for which the payment is being sought and the date of acceptance of the site into the Site Remediation Program.
(2) A copy of the Agency letter approving the     Remedial Action Plan.
(3) A demonstration that the release of the regulated     substances of concern for which the Remedial Action Plan was approved was not caused or contributed to in any material respect by the Remediation Applicant.  The Agency must make determinations as to reimbursement availability consistent with rules adopted by the Pollution Control Board for the administration and enforcement of Section 58.9 of this Act.
(4) A copy of the Agency's letter approving     eligibility, including the net economic benefit of the remediation project.
(5) An itemization and documentation, including     receipts, of the remediation costs incurred.
(6) A demonstration that the costs incurred are     remediation costs as defined in this Act and rules adopted under this Act.
(7) A demonstration that the costs submitted for     review were incurred by the Remediation Applicant who received approval of the Remediation Action Plan.
(8) An application fee in the amount set forth in     subdivision (B)(j) for each site for which review of remediation costs is requested.
(9) Any other information deemed appropriate by the     Agency.
(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.
(h)(1) Within 60 days after receipt by the Agency of an application
meeting the requirements of subdivision (B)(e) or (B)(f),
the Agency must issue a
letter to the applicant approving, disapproving, or modifying the remediation
costs submitted in the application.  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.
(2) If a preliminary review of a budget plan has been obtained under
subdivision (B)(i), the Remediation Applicant may submit, with the application
and
supporting documentation under subdivision (B)(e) or (B)(f), 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 may approve costs as
submitted.
(3) 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.
(i)(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 must be set forth on forms prescribed and
provided by the Agency and must include, but is not 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 must 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.
(2) If the Remedial Action Plan is amended by the Remediation Applicant
or
as a result of Agency action, the corresponding budget plan must be revised
accordingly and resubmitted for Agency review.
(3) The budget plan must be accompanied by the applicable fee as set
forth
in subdivision (B)(j).
(4) Submittal of a budget plan must be deemed an automatic 60-day
waiver of the Remedial Action Plan review deadlines set forth in this
subsection (B)
and rules adopted under this subsection (B).
(5) Within the applicable period of review, the Agency must 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, the
Agency's letter must set forth the reasons for the disapproval or modification.
(6) 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 in
Section 40 of this Act.
(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:
(1) The fee for an application for review of     remediation costs is $1,000 for each site reviewed.
(2) The fee for the review of the budget plan     submitted under subdivision (B)(i) is $500 for each site reviewed.
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:
(1) a Phase I Environmental Audit, conducted in     accordance with Section 22.2 of this Act, is obtained;
(2) if the Phase I Environmental Audit discloses the     presence or likely presence of a release or a substantial threat of a release of a regulated substance at, on, to, or from the real property, a Phase II Environmental Audit, conducted in accordance with Section 22.2 of this Act, is obtained; and
(3) if the Phase II Environmental Audit discloses the     presence or likely presence of a release or a substantial threat of a release of a regulated substance at, on, to, or from the real property: (i) the real property is enrolled in the Site Remediation Program, and (ii)  the remedial action plan is approved by the Agency, if a remedial action plan is required by Board regulations.
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.)