Bill Text: IL HB1421 | 2013-2014 | 98th General Assembly | Amended

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Bill Title: Amends the Environmental Protection Act. Makes a technical change in a Section concerning the short title.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2014-12-03 - Session Sine Die [HB1421 Detail]

Download: Illinois-2013-HB1421-Amended.html

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Rep. John E. Bradley

Filed: 3/19/2013

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AMENDMENT TO HOUSE BILL 1421
AMENDMENT NO. ______. Amend House Bill 1421 by replacing
everything after the enacting clause with the following:
"Section 5. The Environmental Protection Act is amended by
changing Sections 57.2, 57.7, and 57.8 and by adding Section
57.11A as follows:
(415 ILCS 5/57.2)
Sec. 57.2. Definitions. As used in this Title:
"Audit" means a systematic inspection or examination of
plans, reports, records, or documents to determine the
completeness and accuracy of the data and conclusions contained
therein.
"Bodily injury" means bodily injury, sickness, or disease
sustained by a person, including death at any time, resulting
from a release of petroleum from an underground storage tank.
"Release" means any spilling, leaking, emitting,

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discharging, escaping, leaching or disposing of petroleum from
an underground storage tank into groundwater, surface water or
subsurface soils.
"Fill material" means non-native or disturbed materials
used to bed and backfill around an underground storage tank.
"Fund" means the Underground Storage Tank Fund.
"Heating Oil" means petroleum that is No. 1, No. 2, No. 4 -
light, No. 4 - heavy, No. 5 - light, No. 5 - heavy or No. 6
technical grades of fuel oil; and other residual fuel oils
including Navy Special Fuel Oil and Bunker C.
"Indemnification" means indemnification of an owner or
operator for the amount of any judgment entered against the
owner or operator in a court of law, for the amount of any
final order or determination made against the owner or operator
by an agency of State government or any subdivision thereof, or
for the amount of any settlement entered into by the owner or
operator, if the judgment, order, determination, or settlement
arises out of bodily injury or property damage suffered as a
result of a release of petroleum from an underground storage
tank owned or operated by the owner or operator.
"Corrective action" means activities associated with
compliance with the provisions of Sections 57.6 and 57.7 of
this Title.
"Occurrence" means an accident, including continuous or
repeated exposure to conditions, that results in a sudden or
nonsudden release from an underground storage tank.

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When used in connection with, or when otherwise relating
to, underground storage tanks, the terms "facility", "owner",
"operator", "underground storage tank", "(UST)", "petroleum"
and "regulated substance" shall have the meanings ascribed to
them in Subtitle I of the Hazardous and Solid Waste Amendments
of 1984 (P.L. 98-616), of the Resource Conservation and
Recovery Act of 1976 (P.L. 94-580); provided however that the
term "underground storage tank" shall also mean an underground
storage tank used exclusively to store heating oil for
consumptive use on the premises where stored and which serves
other than a farm or residential unit; provided further however
that the term "owner" shall also mean any person who has
submitted to the Agency a written election to proceed under
this Title and has acquired an ownership interest in a site on
which one or more registered tanks have been removed, but on
which corrective action has not yet resulted in the issuance of
a "no further remediation letter" by the Agency pursuant to
this Title.
"Labor organization" means any organization that qualifies
as a labor organization under Section 2 of the National Labor
Relations Act (29 U.S.C. 152).
"Licensed Professional Engineer" means a person,
corporation, or partnership licensed under the laws of the
State of Illinois to practice professional engineering.
"Licensed Professional Geologist" means a person licensed
under the laws of the State of Illinois to practice as a

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professional geologist.
"Site" means any single location, place, tract of land or
parcel of property including contiguous property not separated
by a public right-of-way.
"Site investigation" means activities associated with
compliance with the provisions of subsection (a) of Section
57.7.
"Property damage" means physical injury to, destruction
of, or contamination of tangible property, including all
resulting loss of use of that property; or loss of use of
tangible property that is not physically injured, destroyed, or
contaminated, but has been evacuated, withdrawn from use, or
rendered inaccessible because of a release of petroleum from an
underground storage tank.
"Class I Groundwater" means groundwater that meets the
Class I: Potable Resource Groundwater criteria set forth in the
Board regulations adopted pursuant to the Illinois Groundwater
Protection Act.
"Class III Groundwater" means groundwater that meets the
Class III: Special Resource Groundwater criteria set forth in
the Board regulations adopted pursuant to the Illinois
Groundwater Protection Act.
(Source: P.A. 94-274, eff. 1-1-06.)
(415 ILCS 5/57.7)
Sec. 57.7. Leaking underground storage tanks; site

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investigation and corrective action.
(a) Site investigation.
(1) For any site investigation activities required by
statute or rule, the owner or operator shall submit to the
Agency for approval a site investigation plan designed to
determine the nature, concentration, direction of
movement, rate of movement, and extent of the contamination
as well as the significant physical features of the site
and surrounding area that may affect contaminant transport
and risk to human health and safety and the environment.
(2) Any owner or operator intending to seek payment
from the Fund shall submit to the Agency for approval a
site investigation budget that includes, but is not limited
to, an accounting of all costs associated with the
implementation and completion of the site investigation
plan.
(3) Remediation objectives for the applicable
indicator contaminants shall be determined using the
tiered approach to corrective action objectives rules
adopted by the Board pursuant to this Title and Title XVII
of this Act. For the purposes of this Title, "Contaminant
of Concern" or "Regulated Substance of Concern" in the
rules means the applicable indicator contaminants set
forth in subsection (d) of this Section and the rules
adopted thereunder.
(4) Upon the Agency's approval of a site investigation

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plan, or as otherwise directed by the Agency, the owner or
operator shall conduct a site investigation in accordance
with the plan.
(5) Within 30 days after completing the site
investigation, the owner or operator shall submit to the
Agency for approval a site investigation completion
report. At a minimum the report shall include all of the
following:
(A) Executive summary.
(B) Site history.
(C) Site-specific sampling methods and results.
(D) Documentation of all field activities,
including quality assurance.
(E) Documentation regarding the development of
proposed remediation objectives.
(F) Interpretation of results.
(G) Conclusions.
(b) Corrective action.
(1) If the site investigation confirms none of the
applicable indicator contaminants exceed the proposed
remediation objectives, within 30 days after completing
the site investigation the owner or operator shall submit
to the Agency for approval a corrective action completion
report in accordance with this Section.
(2) If any of the applicable indicator contaminants
exceed the remediation objectives approved for the site,

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within 30 days after the Agency approves the site
investigation completion report the owner or operator
shall submit to the Agency for approval a corrective action
plan designed to mitigate any threat to human health, human
safety, or the environment resulting from the underground
storage tank release. The 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 report shall include all of the
following:
(A) Executive summary.
(B) Statement of remediation objectives.
(C) Remedial technologies selected.
(D) Confirmation sampling plan.
(E) Current and projected future use of the
property.
(F) Applicable preventive, engineering, and
institutional controls including long-term
reliability, operating, and maintenance plans, and
monitoring procedures.
(G) A schedule for implementation and completion
of the plan.
(3) Any owner or operator intending to seek payment
from the Fund shall submit to the Agency for approval a
corrective action budget that includes, but is not limited
to, an accounting of all costs associated with the

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implementation and completion of the corrective action
plan.
(4) Upon the Agency's approval of a corrective action
plan, or as otherwise directed by the Agency, the owner or
operator shall proceed with corrective action in
accordance with the plan.
(5) Within 30 days after the completion of a corrective
action plan that achieves applicable remediation
objectives the owner or operator shall submit to the Agency
for approval a corrective action completion report. The
report shall demonstrate whether corrective action was
completed in accordance with the approved corrective
action plan and whether the remediation objectives
approved for the site, as well as any other requirements of
the plan, have been achieved.
(6) If within 4 years after the approval of any
corrective action plan the applicable remediation
objectives have not been achieved and the owner or operator
has not submitted a corrective action completion report,
the owner or operator must submit a status report for
Agency review. The status report must include, but is not
limited to, a description of the remediation activities
taken to date, the effectiveness of the method of
remediation being used, the likelihood of meeting the
applicable remediation objectives using the current method
of remediation, and the date the applicable remediation

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objectives are expected to be achieved.
(7) If the Agency determines any approved corrective
action plan will not achieve applicable remediation
objectives within a reasonable time, based upon the method
of remediation and site specific circumstances, the Agency
may require the owner or operator to submit to the Agency
for approval a revised corrective action plan. If the owner
or operator intends to seek payment from the Fund, the
owner or operator must also submit a revised budget.
(c) Agency review and approval.
(1) Agency approval of any plan and associated budget,
as described in this subsection (c), shall be considered
final approval for purposes of seeking and obtaining
payment from the Underground Storage Tank Fund if the costs
associated with the completion of any such plan are less
than or equal to the amounts approved in such budget.
(2) In the event the Agency fails to approve,
disapprove, or modify any plan or report submitted pursuant
to this Title in writing within 120 days of the receipt by
the Agency, the plan or report shall be considered to be
rejected by operation of law for purposes of this Title and
rejected for purposes of payment from the Underground
Storage Tank Fund.
(A) For purposes of those plans as identified in
paragraph (5) of this subsection (c), the Agency's
review may be an audit procedure. Such review or audit

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shall be consistent with the procedure for such review
or audit as promulgated by the Board under Section
57.14. The Agency has the authority to establish an
auditing program to verify compliance of such plans
with the provisions of this Title.
(B) For purposes of corrective action plans
submitted pursuant to subsection (b) of this Section
for which payment from the Fund is not being sought,
the Agency need not take action on such plan until 120
days after it receives the corrective action
completion report required under subsection (b) of
this Section. In the event the Agency approved the
plan, it shall proceed under the provisions of this
subsection (c).
(3) In approving any plan submitted pursuant to
subsection (a) or (b) of this Section, the Agency shall
determine, by a procedure promulgated by the Board under
Section 57.14, that the costs associated with the plan are
reasonable, will be incurred in the performance of site
investigation or corrective action, and will not be used
for site investigation or corrective action activities in
excess of those required to meet the minimum requirements
of this Title.
(A) For purposes of payment from the Fund,
corrective action activities required to meet the
minimum requirements of this Title shall include, but

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not be limited to, the following use of the Board's
Tiered Approach to Corrective Action Objectives rules
adopted under Title XVII of this Act:
(i) For the site where the release occurred,
the use of Tier 2 remediation objectives that are
no more stringent than Tier 1 remediation
objectives.
(ii) The use of industrial/commercial property
remediation objectives, unless the owner or
operator demonstrates that the property being
remediated is residential property or being
developed into residential property.
(iii) The use of groundwater ordinances as
institutional controls in accordance with Board
rules.
(iv) The use of on-site groundwater use
restrictions as institutional controls in
accordance with Board rules.
(B) Any bidding process adopted under Board rules
to determine the reasonableness of costs of corrective
action must provide for a publicly-noticed,
competitive, and sealed bidding process that includes,
at a minimum, the following:
(i) The owner or operator must issue
invitations for bids that include, at a minimum, a
description of the work being bid and applicable

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contractual terms and conditions. The invitation
for bids must require the bidder to supply (and all
accepted bids must also supply) all of the
following information: documents evidencing the
bidder's compliance with all applicable laws and
ordinances prerequisite to doing business in this
State; the bidder's federal employer tax
identification number or, if the bidder is doing
business as an individual, his or her social
security number; a statement of the bidder's
compliance with federal Equal Employment
Opportunity laws; a disclosure, by the bidder, of
the name and address of each subcontractor with
whom the contractor has contracted, or intends to
contract, to complete any portion of the work bid
upon; certificates of insurance showing the
bidder's general liability, workers' compensation,
and automobile liability coverage; a statement of
the bidder's compliance with all provisions of the
Illinois Prevailing Wage Act; evidence of the
bidder's participation in apprenticeship and
training programs approved and registered with the
U.S. Department of Labor Office of Apprenticeship
or a successor organization; documents evidencing
the bidder's safety and health activities and
programs; a statement by the bidder that

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individuals who will perform the bid upon work are
properly classified as either an employee or
independent contractor under all applicable State
and federal laws and local ordinances; a statement
that all employees are covered under a current
workers' compensation insurance policy and
properly classified under the policy; a statement
by the bidder listing all employees who will
perform the bid upon work and evidence that all
listed employees are covered by a health and
welfare plan and a retirement plan; and documents
evidencing any professional or trade license
required by law or local ordinance for any trade or
specialty group employed or contracted with by the
bidder to perform the bid upon work. The criteria
on which the bids will be evaluated must be set
forth in the invitation for bids. The criteria may
include, but shall not be limited to, criteria for
determining acceptability, such as inspection,
testing, quality, workmanship, delivery, and
suitability for a particular purpose. Criteria
that will affect the bid price and be considered in
the evaluation of a bid, such as discounts, shall
be objectively measurable.
(ii) At least 14 days prior to the date set in
the invitation for the opening of bids, public

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notice of the invitation for bids must be published
in a local paper of general circulation for the
area in which the site is located.
(iii) Bids must be opened publicly in the
presence of one or more witnesses at the time and
place designated in the invitation for bids. The
name of each bidder, the amount of each bid, and
other relevant information as specified in Board
rules must be recorded and submitted to the Agency
in the applicable budget. After selection of the
winning bid, the winning bid and the record of each
unsuccessful bid shall be open to public
inspection.
(iv) Bids must be unconditionally accepted
without alteration or correction. Bids must be
evaluated based on the requirements set forth in
the invitation for bids, which may include
criteria for determining acceptability, such as
inspection, testing, quality, workmanship,
delivery, and suitability for a particular
purpose. Criteria that will affect the bid price
and be considered in the evaluation of a bid, such
as discounts, shall be objectively measurable. The
invitation for bids shall set forth the evaluation
criteria to be used.
(v) Correction or withdrawal of inadvertently

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erroneous bids before or after selection of the
winning bid, or cancellation of winning bids based
on bid mistakes, shall be allowed in accordance
with Board rules. After bid opening, no changes in
bid prices or other provisions of bids prejudicial
to the owner or operator or fair competition shall
be allowed. All decisions to allow the correction
or withdrawal of bids based on bid mistakes shall
be supported by a written determination made by the
owner or operator.
(vi) The owner or operator shall select the
winning bid with reasonable promptness by written
notice to the lowest responsible and responsive
bidder whose bid meets the requirements and
criteria set forth in the invitation for bids. The
winning bid and other relevant information as
specified in Board rules must be recorded and
submitted to the Agency in the applicable budget.
(vii) All bidding documentation must be
retained by the owner or operator for a minimum of
3 years after the costs bid are submitted in an
application for payment, except that documentation
relating to an appeal, litigation, or other
disputed claim must be maintained until at least 3
years after the date of the final disposition of
the appeal, litigation, or other disputed claim.

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All bidding documentation must be made available
to the Agency for inspection and copying during
normal business hours.
(C) Any bidding process adopted under Board rules
to determine the reasonableness of costs of corrective
action shall (i) be optional and (ii) allow bidding
only if the owner or operator demonstrates that
corrective action cannot be performed for amounts less
than or equal to maximum payment amounts adopted by the
Board.
(4) For any plan or report received after June 24,
2002, any action by the Agency to disapprove or modify a
plan submitted pursuant to this Title shall be provided to
the owner or operator in writing within 120 days of the
receipt by the Agency or, in the case of a site
investigation plan or corrective action plan for which
payment is not being sought, within 120 days of receipt of
the site investigation completion report or corrective
action completion report, respectively, and shall be
accompanied by:
(A) an explanation of the Sections of this Act
which may be violated if the plans were approved;
(B) an explanation of the provisions of the
regulations, promulgated under this Act, which may be
violated if the plan were approved;
(C) an explanation of the specific type of

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information, if any, which the Agency deems the
applicant did not provide the Agency; and
(D) a statement of specific reasons why the Act and
the regulations might not be met if the plan were
approved.
Any action by the Agency to disapprove or modify a plan
or report or the rejection of any plan or report by
operation of law shall be subject to appeal to the Board in
accordance with the procedures of Section 40. If the owner
or operator elects to incorporate modifications required
by the Agency rather than appeal, an amended plan shall be
submitted to the Agency within 35 days of receipt of the
Agency's written notification.
(5) For purposes of this Title, the term "plan" shall
include:
(A) Any site investigation plan submitted pursuant
to subsection (a) of this Section;
(B) Any site investigation budget submitted
pursuant to subsection (a) of this Section;
(C) Any corrective action plan submitted pursuant
to subsection (b) of this Section; or
(D) Any corrective action plan budget submitted
pursuant to subsection (b) of this Section.
(d) For purposes of this Title, the term "indicator
contaminant" shall mean, unless and until the Board promulgates
regulations to the contrary, the following: (i) if an

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underground storage tank contains gasoline, the indicator
parameter shall be BTEX and Benzene; (ii) if the tank contained
petroleum products consisting of middle distillate or heavy
ends, then the indicator parameter shall be determined by a
scan of PNA's taken from the location where contamination is
most likely to be present; and (iii) if the tank contained used
oil, then the indicator contaminant shall be those chemical
constituents which indicate the type of petroleum stored in an
underground storage tank. All references in this Title to
groundwater objectives shall mean Class I groundwater
standards or objectives as applicable.
(e) (1) Notwithstanding the provisions of this Section, an
owner or operator may proceed to conduct site investigation
or corrective action prior to the submittal or approval of
an otherwise required plan. If the owner or operator elects
to so proceed, an applicable plan shall be filed with the
Agency at any time. Such plan shall detail the steps taken
to determine the type of site investigation or corrective
action which was necessary at the site along with the site
investigation or corrective action taken or to be taken, in
addition to costs associated with activities to date and
anticipated costs.
(2) Upon receipt of a plan submitted after activities
have commenced at a site, the Agency shall proceed to
review in the same manner as required under this Title. In
the event the Agency disapproves all or part of the costs,

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the owner or operator may appeal such decision to the
Board. The owner or operator shall not be eligible to be
reimbursed for such disapproved costs unless and until the
Board determines that such costs were eligible for payment.
(f) All investigations, plans, and reports conducted or
prepared under this Section shall be conducted or prepared
under the supervision of a licensed professional engineer and
in accordance with the requirements of this Title.
(Source: P.A. 95-331, eff. 8-21-07; 96-908, eff. 6-8-10.)
(415 ILCS 5/57.8)
Sec. 57.8. Underground Storage Tank Fund; payment; options
for State payment; deferred correction election to commence
corrective action upon availability of funds. If an owner or
operator is eligible to access the Underground Storage Tank
Fund pursuant to an Office of State Fire Marshal
eligibility/deductible final determination letter issued in
accordance with Section 57.9, the owner or operator may submit
a complete application for final or partial payment to the
Agency for activities taken in response to a confirmed release.
An owner or operator may submit a request for partial or final
payment regarding a site no more frequently than once every 90
days.
(a) Payment after completion of corrective action
measures. The owner or operator may submit an application for
payment for activities performed at a site after completion of

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the requirements of Sections 57.6 and 57.7, or after completion
of any other required activities at the underground storage
tank site.
(1) In the case of any approved plan and budget for
which payment is being sought, the Agency shall make a
payment determination within 120 days of receipt of the
application. Such determination shall be considered a
final decision. The Agency's review shall be limited to
generally accepted auditing and accounting practices. In
no case shall the Agency conduct additional review of any
plan which was completed within the budget, beyond auditing
for adherence to the corrective action measures in the
proposal. If the Agency fails to approve the payment
application within 120 days, such application shall be
deemed approved by operation of law and the Agency shall
proceed to reimburse the owner or operator the amount
requested in the payment application. However, in no event
shall the Agency reimburse the owner or operator an amount
greater than the amount approved in the plan.
(2) If sufficient funds are available in the
Underground Storage Tank Fund, the Agency shall, within 60
days, forward to the Office of the State Comptroller a
voucher in the amount approved under the payment
application.
(3) In the case of insufficient funds, the Agency shall
form a priority list for payment and shall notify persons

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in such priority list monthly of the availability of funds
and when payment shall be made. Payment shall be made to
the owner or operator at such time as sufficient funds
become available for the costs associated with site
investigation and corrective action and costs expended for
activities performed where no proposal is required, if
applicable. Such priority list shall be available to any
owner or operator upon request. Priority for payment shall
be determined by the date the Agency receives a complete
request for partial or final payment. Upon receipt of
notification from the Agency that the requirements of this
Title have been met, the Comptroller shall make payment to
the owner or operator of the amount approved by the Agency,
if sufficient money exists in the Fund. If there is
insufficient money in the Fund, then payment shall not be
made. If the owner or operator appeals a final Agency
payment determination and it is determined that the owner
or operator is eligible for payment or additional payment,
the priority date for the payment or additional payment
shall be the same as the priority date assigned to the
original request for partial or final payment.
(4) Any deductible, as determined pursuant to the
Office of the State Fire Marshal's eligibility and
deductibility final determination in accordance with
Section 57.9, shall be subtracted from any payment invoice
paid to an eligible owner or operator. Only one deductible

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shall apply per underground storage tank site.
(5) In the event that costs are or will be incurred in
addition to those approved by the Agency, or after payment,
the owner or operator may submit successive plans
containing amended budgets. The requirements of Section
57.7 shall apply to any amended plans.
(6) For purposes of this Section, a complete
application shall consist of:
(A) A certification from a Licensed Professional
Engineer or Licensed Professional Geologist as
required under this Title and acknowledged by the owner
or operator.
(B) A statement of the amounts approved in the
budget and the amounts actually sought for payment
along with a certified statement by the owner or
operator that the amounts so sought were expended in
conformance with the approved budget.
(C) A copy of the Office of the State Fire
Marshal's eligibility and deductibility determination.
(D) Proof that approval of the payment requested
will not result in the limitations set forth in
subsection (g) of this Section being exceeded.
(E) A federal taxpayer identification number and
legal status disclosure certification on a form
prescribed and provided by the Agency.
(F) A fully executed project labor agreement that

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satisfies the requirements of Section 57.11A of this
Act for actions taken in response to releases reported
on or after the effective date of this amendatory Act
of the 98th General Assembly.
(b) Commencement of site investigation or corrective
action upon availability of funds. The Board shall adopt
regulations setting forth procedures based on risk to human
health or the environment under which the owner or operator who
has received approval for any budget plan submitted pursuant to
Section 57.7, and who is eligible for payment from the
Underground Storage Tank Fund pursuant to an Office of the
State Fire Marshal eligibility and deductibility
determination, may elect to defer site investigation or
corrective action activities until funds are available in an
amount equal to the amount approved in the budget. The
regulations shall establish criteria based on risk to human
health or the environment to be used for determining on a
site-by-site basis whether deferral is appropriate. The
regulations also shall establish the minimum investigatory
requirements for determining whether the risk based criteria
are present at a site considering deferral and procedures for
the notification of owners or operators of insufficient funds,
Agency review of request for deferral, notification of Agency
final decisions, returning deferred sites to active status, and
earmarking of funds for payment.
(c) When the owner or operator requests indemnification for

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payment of costs incurred as a result of a release of petroleum
from an underground storage tank, if the owner or operator has
satisfied the requirements of subsection (a) of this Section,
the Agency shall forward a copy of the request to the Attorney
General. The Attorney General shall review and approve the
request for indemnification if:
(1) there is a legally enforceable judgment entered
against the owner or operator and such judgment was entered
due to harm caused by a release of petroleum from an
underground storage tank and such judgment was not entered
as a result of fraud; or
(2) a settlement with a third party due to a release of
petroleum from an underground storage tank is reasonable.
(d) Notwithstanding any other provision of this Title, the
Agency shall not approve payment to an owner or operator from
the Fund for costs of corrective action or indemnification
incurred during a calendar year in excess of the following
aggregate amounts based on the number of petroleum underground
storage tanks owned or operated by such owner or operator in
Illinois.
Amount Number of Tanks
$2,000,000........................fewer than 101
$3,000,000................................101 or more
(1) Costs incurred in excess of the aggregate amounts
set forth in paragraph (1) of this subsection shall not be
eligible for payment in subsequent years.

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(2) For purposes of this subsection, requests
submitted by any of the agencies, departments, boards,
committees or commissions of the State of Illinois shall be
acted upon as claims from a single owner or operator.
(3) For purposes of this subsection, owner or operator
includes (i) any subsidiary, parent, or joint stock company
of the owner or operator and (ii) any company owned by any
parent, subsidiary, or joint stock company of the owner or
operator.
(e) Costs of corrective action or indemnification incurred
by an owner or operator which have been paid to an owner or
operator under a policy of insurance, another written
agreement, or a court order are not eligible for payment under
this Section. An owner or operator who receives payment under a
policy of insurance, another written agreement, or a court
order shall reimburse the State to the extent such payment
covers costs for which payment was received from the Fund. Any
monies received by the State under this subsection (e) shall be
deposited into the Fund.
(f) (Blank.)
(g) The Agency shall not approve any payment from the Fund
to pay an owner or operator:
(1) for costs of corrective action incurred by such
owner or operator in an amount in excess of $1,500,000 per
occurrence; and
(2) for costs of indemnification of such owner or

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operator in an amount in excess of $1,500,000 per
occurrence.
(h) Payment of any amount from the Fund for corrective
action or indemnification shall be subject to the State
acquiring by subrogation the rights of any owner, operator, or
other person to recover the costs of corrective action or
indemnification for which the Fund has compensated such owner,
operator, or person from the person responsible or liable for
the release.
(i) If the Agency refuses to pay or authorizes only a
partial payment, the affected owner or operator may petition
the Board for a hearing in the manner provided for the review
of permit decisions in Section 40 of this Act.
(j) Costs of corrective action or indemnification incurred
by an owner or operator prior to July 28, 1989, shall not be
eligible for payment or reimbursement under this Section.
(k) The Agency shall not pay costs of corrective action or
indemnification incurred before providing notification of the
release of petroleum in accordance with the provisions of this
Title.
(l) Corrective action does not include legal defense costs.
Legal defense costs include legal costs for seeking payment
under this Title unless the owner or operator prevails before
the Board in which case the Board may authorize payment of
legal fees.
(m) The Agency may apportion payment of costs for plans

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submitted under Section 57.7 if:
(1) the owner or operator was deemed eligible to access
the Fund for payment of corrective action costs for some,
but not all, of the underground storage tanks at the site;
and
(2) the owner or operator failed to justify all costs
attributable to each underground storage tank at the site.
(n) The Agency shall not pay costs associated with a
corrective action plan incurred after the Agency provides
notification to the owner or operator pursuant to item (7) of
subsection (b) of Section 57.7 that a revised corrective action
plan is required. Costs associated with any subsequently
approved corrective action plan shall be eligible for
reimbursement if they meet the requirements of this Title.
(Source: P.A. 95-331, eff. 8-21-07.)
(415 ILCS 5/57.11A new)
Sec. 57.11A. Project labor agreements. A project labor
agreement required under this Title shall:
(1) set forth established standard hourly wages for
each class of labor organization employee;
(2) set forth area standard benefits and other
compensation for each class of labor organization
employee;
(3) contain provisions guaranteeing that there will
not be a strike, job interruption, or delay by covered

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employees;
(4) set forth effective, immediate, and mutually
binding procedures for resolving jurisdictional labor
disputes and grievances arising before the completion of
work;
(5) ensure a reliable source of skilled and experienced
labor;
(6) provide for improved employment opportunities for
minorities and women in the construction industry to the
extent permitted by State and federal law;
(7) permit the selection of the most qualified lowest
responsible bidder, without regard to union or non-union
status at other construction sites;
(8) bind all contractors and subcontractors on the
project through the inclusion of appropriate bid
specifications in all relevant bid documents;
(9) include the names, addresses, and occupations of
the owner of the site and the individuals representing the
labor organization employees participating in the project
labor agreement; and
(10) include other terms as the parties deem
appropriate.".