Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 741 - PROPORTIONATE SHARE LIABILITY › Subpart A - GENERAL › Section 741.110 - Definitions

Current through Register Vol. 48, No. 28, July 12, 2024
Except as stated in this Section, or unless a different
				  meaning of a word or term is clear from the context, the definition of words or
				  terms in this Part is the same as that applied to the same words or terms in
				  the Environmental Protection Act [415 ILCS 5 ].
"Act" means the Environmental Protection Act [415 ILCS 5
				  ].
"Agency" means the Illinois Environmental Protection
				  Agency.
"Board" means the Pollution Control Board.
"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. (Section 58.2 of the Act)
"Pesticide" means any substance or mixture of substances
				  intended for preventing, destroying, repelling, or mitigating any pest or any
				  substance or mixture of substances intended for use as a plant regulator,
				  defoliant or desiccant. (Section 3.71 of the Act)
"Proportionate Share" means a person's share of the
				  performance or costs of a response based on the degree to which the performance
				  or costs result from the person's proximate causation of or contribution to the
				  release or substantial threat of a release.
"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). (Section 58.2 of the Act)
"Release" means any spilling, leaking, pumping, pouring,
				  emitting, emptying, discharging, injecting, escaping, leaching, dumping, or
				  disposing into the environment, but excludes any release which results in
				  exposure to persons solely within a workplace, with respect to a claim which
				  such persons may assert against the employer of such persons; emissions from
				  the engine exhaust of a motor vehicle, rolling stock, aircraft, vessel, or
				  pipeline pumping station engine; release of source, byproduct, or special
				  nuclear material from a nuclear incident, as those terms are defined in the
				  Atomic Energy Act of 1954, if such release is subject to requirements with
				  respect to financial protection established by the Nuclear Regulatory
				  Commission under Section 170 of such Act; and the normal application of
				  fertilizer. (Section 3.33 of the Act)
"Remedial Action" means those actions consistent with
				  permanent remedy taken instead of or in addition to removal actions in the
				  event of a release or threatened release of a regulated substance or pesticides
				  into the environment, to prevent or minimize the release of regulated
				  substances or pesticides so that they do not migrate to cause substantial
				  danger to present or future public health or welfare or the environment. The
				  term includes, but is not limited to, such actions at the location of the
				  release as storage, confinement, perimeter protection using dikes, trenches or
				  ditches, clay cover, neutralization, cleanup of released regulated substances
				  or pesticides or contaminated materials, recycling or reuse, diversion
				  destruction, segregation of reactivesubstances,dredging or excavations, repair
				  or replacement of leaking containers, collection of leachate and runoff, onsite
				  treatment or incineration, provision of alternative water supplies, and any
				  monitoring reasonably required to assure that such actions protect the public
				  health and welfare and the environment. The term includes the costs of
				  permanent relocation of residents and businesses and community facilities where
				  the Governor and Director determine that, alone or in combination with other
				  measures, such relocation is more cost-effective than and evironmentally
				  preferable to the transportation, storage, treatment, destruction, or secure
				  disposition offsite of regulated substances or pesticides, or may otherwise be
				  necessary to protect the public health or welfare. The term includes offsite
				  transport of regulated substances or pesticides, or the storage, treatment,
				  destruction, or secure disposition offsite of such regulated substances or
				  pesticides or contaminated materials. Remedial action also includes activities
				  associated with compliance with the provisions of Sections 58.6 and 58.7 of the
				  Act, including, but not limited to, the conduct of site investigations,
				  preparations of work plans and reports, removal or treatment of contaminants,
				  construction and maintenance of engineered barriers, and/or implementation of
				  institutional controls. (Sections 3.34 and 58.2 of the Act)
"Remove" or "Removal" means the cleanup or removal of
				  released regulated substances or pesticides from the environment, actions as
				  may be necessary to take in the event of the threat of release of regulated
				  substances or pesticides into the environment, actions as may be necessary to
				  monitor, assess, and evaluate the release or threat of release of regulated
				  substances or pesticides, the disposal of removed material, or the taking of
				  other actions as may be necessary to prevent, minimize, or mitigate damage to
				  the public health or welfare of the environment, that may otherwise result from
				  a release or threat of release. The term includes, in addition, without being
				  limited to, security fencing or other measures to limit access, provision of
				  alternative water supplies, temporary evacuation and housing of threatened
				  individuals, and any emergency assistance that may be provided under the
				  Illinois Emergency Management Act or any other law. (Section 3.35 of the
				  Act)
"Respond" or "Response" means remove, removal, remedy, and
				  remedial action. (Section 3.40 of the 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. (Section 58.2 of the Act) This term also includes,
				  but is not limited to, all buildings and improvements present at that location,
				  place or tract of land.