Title Xvii

(415 ILCS 5/Tit. XVII heading)\nTITLE XVII: SITE REMEDIATION PROGRAM\n(415 ILCS 5/58)\nSec. 58. Intent. It is the intent of this Title:\n(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.\n(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.\n(3) To provide incentives to the private sector to undertake remedial action.\n(4) To establish expeditious alternatives for the review of site investigation and remedial activities, including a privatized review process.\n(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.\n(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

ted 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.\n7-21-97; 91-36, eff. 6-15-99.)\n(415 ILCS 5/58.1)\nSec. 58.1. Applicability.\n(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.\n(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

us 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.\n(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.\n(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

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.\n(Source: P.A. 89-431, eff. 12-15-95; 89-443, eff. 7-1-96.)\n(415 ILCS 5/58.2)\nSec. 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:\n'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.\n'ASTM' means the American Society for Testing and Materials.\n'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

lated 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.\n'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.\n'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.\n'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.\n'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

al 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.\n'Licensed Professional Engineer' (LPE) means a person, corporation, or partnership licensed under the laws of this State to practice professional engineering.\n'Licensed Professional Geologist' means a person licensed under the laws of the State of Illinois to practice as a professional geologist.\n'RELPEG' means a Licensed Professional Engineer or a Licensed Professional Geologist engaged in review and evaluation under this Title.\n'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.\n'Municipality' means an incorporated city,

mited to, sewers, utility lines, utility vaults, building foundations, basements, crawl spaces, drainage ditches, or previously excavated and filled areas.\n'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.\n'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.\n'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.\n'Regulated substance' means any hazardous substance as defined under Section 101(14) of the Comprehensive Environmental Response, Compensation,

ent, agency, and instrumentality of the United States.\n'Regulated substance' means any hazardous substance as defined under Section 101(14) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980