Environmental Progress - Summer 2005

Landmark legislation to expand notification of citizens of potential environmental threats at polluters' expense and to give the Illinois EPA authority for the first time to issue "administrative orders" to compel cleanups or containment of hazardous contaminants was among several significant environmentally-related bills to be passed by Illinois lawmakers and signed into law by Governor Rod Blagojevich this summer.

The Illinois Statehouse

On July 24, Governor Blagojevich signed into law Senate Bill 241, making it Public Act 94-314.

For newly identified contamination, IEPA will evaluate the scientific information available to identify the responsible parties for any "off-site" spill or release which poses a significant public health threat, and work with the state and local health departments to notify area residents. For existing sites, IEPA will review case files to determine if there is a potential off-site public health risk that warrants additional notification.

The specific process and range of notification tools are being developed by the IEPA with the participation of the public and the regulated community. They could include direct mail notices, phone calls, door-to-door visits, small group meetings, and public service announcements and flyers, depending on the type and nature of contamination. While all of these tools have been used by IEPA for several years, the new law codifies a systematic approach and makes polluters responsible for reasonable notification costs.

"The people of Illinois have the right to know if there's dangerous pollution in their own communities," said Gov. Blagojevich. "Signing this landmark legislation puts Illinois at the forefront of protecting families, empowering communities and championing public health. This law gives Illinois EPA the long overdue authority it needs to order polluters to clean up contamination quickly."

The new law requires responsible parties to bear the costs of all reasonable measures taken to inform the affected public of exposure risks from any off-site contamination. This will now be mandatory in cases where groundwater and drinking water sources have been contaminated, at sites where entry and access have been prohibited to protect public safety, as well as emergencies involving the release of a hazardous substance.

Another key part of the legislation gives IEPA an authority that many other state environmental agencies already had, to issue "administrative orders" which compel responsible parties to clean up or contain hazardous contaminants released into the environment. Previously, the Agency had to ask the Attorney General to seek a court order in such cases. The IEPA is developing proposed regulations to implement the authority and alleged responsible parties will be able to contest orders before the Illinois Pollution Control Board.

"Thanks to this new law, for the first time in its history, IEPA will be able to require immediate public notification and action when pollution puts public health at risk," said Sen. John Cullerton (D-Chicago), the chief Senate sponsor. "It guarantees due process while underscoring a vital tenet of environmental law: the polluter pays." "Senate Bill 241 is one of the most important pieces of environmental legislation ever passed in this state," said Thomas Holbrook (D-Belleville), chief House sponsor. "It ensures that citizens get meaningful information and helps IEPA do its job better."

Illinois legislators also approved Governor Blagojevich's IRID (Illinois Removes Illegal Dumps) initiative (Senate Bill 431 — Public Act 904-272) to give the IEPA additional authority to make sure landfills and other solid waste disposal facilities are properly operated and additional resources to combat open dumping.

The law authorizes IEPA to use part of existing landfill fee revenues to provide increased grants to counties that are delegated to inspect landfills and for additional IEPA inspection staff, as well as authorizing $3 million from the same source for the first time to hire contractors to clean up "open dumps" where responsible parties can not be located or where various specific imminent threats, such as fire, are present. The new legislation also provides for phasing in IEPA permitting and regulation of the disposal of construction and demolition debris, such as in former quarries, and would more clearly define the thresholds for seal orders issued by the Agency Director.

Other Significant New Laws Include:

House Bill 931-Public Act 94-62: The law makes several changes to the Alternate Fuels Act, with a primary objective of promoting increased usage of 20 percent or higher blends of biodiesel fuel by making those blends, which can be used in vehicles without special retrofitting, eligible for rebates from IEPA through the Alternate Fuels Rebate Program and the Department of Commerce and Economic Opportunity's (DCEO) Alternate Fuels Infrastructure Grant Program. Previously, only 80 percent or more biodiesel blends were eligible.

House Bill 112-Public Act 94-346: Another part of Governor Blagojevich's multi-faceted effort to encourage the use of this environmentally-friendly fuel typically made from soybeans grown by Illinois farmers, requires that beginning July 1, 2006, diesel-powered fleet vehicles owned or operated by the State, any county or local unit of government, any state college or university, any school district, or any mass transit agency to use no less than 2 percent biodiesel fuel. It exempts vehicles designed or retrofitted to run on higher percentage grade of biodiesel or those designed or retrofitted to run on ultra low sulfur fuel.

Senate Bill 2040-Public Act 94-276: This law clarifies that a "No Further Remediation" (NFR) letter issued to a property owner by the Illinois EPA following an Agency-approved cleanup of a leaking underground storage tank (LUST) site also applies to any adjoining property owner to the extent that the final, approved cleanup also covered the adjoining property.

House Bill 1149-Public Act 94-518: This law creates the Computer Equipment Disposal and Recycling Commission and requires the Commission to: 1) issue a report of its findings and recommendations related to the disposal and recycling of computer equipment on or before May 31, 2006; 2) beginning on May 31, 2007, evaluate the implementation of programs by the State relating to computer equipment disposal and recycling; and 3) issue a report of its finding and recommendations on or before December 31, 2008.

Senate Bill 397-Public Act 94-526: This law makes changes in the state's Vehicle Emissions Inspection Program, Starting February 1, 2007, it will eliminate the dynamometer ("treadmill") based testing entirely, that is now in effect for vehicles older than 1996, and require emissions testing within the same current geographical areas for model years 1996 and newer vehicles only, using On Board Diagnostics (readouts from the car's computer). It also allows IEPA to contract with one or more vendors supplying testing services for a period of an additional five years beyond the previous 2007 cutoff.