Chapter 415, ENVIRONMENTAL SAFETY

(415 ILCS 5/57.11) (Text of Section from P.A. 104-466) Sec. 57.11. Underground Storage Tank Fund; creation. (a) There is hereby created in the State treasury a special fund to be known as the Underground Storage Tank Fund. There shall be deposited into the Underground Storage Tan…

(415 ILCS 5/57.12) Sec. 57.12. Underground storage tanks; enforcement; liability. (a) Notwithstanding any other provision or rule of law, the owner or operator, or both, of an underground storage tank shall be liable for all costs of investigation, preventive action, corrective a…

(415 ILCS 5/57.12A) Sec. 57.12A. Lender liability; definitions. (a) Notwithstanding any other provision or rule of law, the term "owner" or "operator" does not include a holder who, without participating in the management of a facility, underground storage tank, or underground st…

(415 ILCS 5/57.13) Sec. 57.13. Underground Storage Tank Program; transition. This Title applies to all underground storage tank releases for which a No Further Remediation Letter is issued on or after the effective date of this amendatory Act of the 96th General Assembly, provide…

(415 ILCS 5/57.14A) Sec. 57.14A. Rules. (a) The Agency shall propose and the Board shall adopt amendments to the rules governing the administration of this Title to make the rules consistent with the provisions herein. (b) Until such time as the amended rules required under this …

(415 ILCS 5/57.15) Sec. 57.15. Authority to audit. The Agency has the authority to audit all data, reports, plans, documents and budgets submitted pursuant to this Title. If the data, report, plan, document or budget audited by the Agency pursuant to this Section fails to conform…

(415 ILCS 5/57.16) Sec. 57.16. Severability. The provisions of this Title are severable under Section 1.31 of the Statute on Statutes. (Source: P.A. 88-496.)

(415 ILCS 5/57.18) Sec. 57.18. Additional remedial action required by change in law; Agency's duty to propose amendment. If a change in State or federal law requires additional remedial action in response to releases for which No Further Remediation Letters have been issued, the …

(415 ILCS 5/57.19) Sec. 57.19. Costs incurred after the issuance of a No Further Remediation Letter. The following shall be considered corrective action activities eligible for payment from the Fund even when an owner or operator conducts these activities after the issuance of a …

(415 ILCS 5/57.2) (Text of Section before amendment by P.A. 104-700) 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…

(415 ILCS 5/57.3) Sec. 57.3. Underground Storage Tank Program. The General Assembly hereby establishes the Illinois Leaking Underground Storage Tank Program (LUST Program). The LUST Program shall be administered by the Office of the State Fire Marshal and the Illinois Environment…

(415 ILCS 5/57.4) Sec. 57.4. State agencies. The Office of the State Fire Marshal and the Illinois Environmental Protection Agency shall administer the Leaking Underground Storage Tank Program in accordance with the terms of this Title. (Source: P.A. 104-417, eff. 8-15-25.)

(415 ILCS 5/57.5) Sec. 57.5. Underground Storage Tanks; removal; repair; abandonment. (a) Notwithstanding the eligibility or the level of deductibility of an owner or operator under the Underground Storage Tank Fund, any owner or operator of an Underground Storage Tank may seek t…

(415 ILCS 5/57.6) Sec. 57.6. Underground storage tanks; early action. (a) Owners and operators of underground storage tanks shall, in response to all confirmed releases, comply with all applicable statutory and regulatory reporting and response requirements. (b) Notwithstanding a…

(415 ILCS 5/57.7) Sec. 57.7. Leaking underground storage tanks; site 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 investigat…

(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 Of…

(415 ILCS 5/57.8a) Sec. 57.8a. Assignment of payments from the Underground Storage Tank Fund. (a) If the Agency has formed a priority list for payment under Section 57.8(a)(3) of this Act, an owner or operator on the priority list may assign to any bank, financial institution, le…

(415 ILCS 5/57.9) (Text of Section before amendment by P.A. 104-688) Sec. 57.9. Underground Storage Tank Fund; eligibility and deductibility. (a) The Underground Storage Tank Fund shall be accessible by owners and operators who have a confirmed release from an underground storage…

(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 …

(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…

(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 p…

(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 …

(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 assi…

(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 re…

(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 m…

(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 si…

(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.…

(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 t…

(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…

(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 a…

(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. (S…

(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 subdivisio…

(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 inv…

(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 u…

(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 wit…

(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 th…

(415 ILCS 5/59) Sec. 59. Definitions. As used in this Title: "Carbon dioxide capture project" mean a project or facility that: (1) uses equipment to capture a significant quantity of carbon dioxide directly from the ambient air or uses a process to separate carbon dioxide from in…

(415 ILCS 5/59.1) Sec. 59.1. Carbon capture permit requirements. For air construction permit applications for carbon dioxide capture projects at existing sources submitted on or after July 18, 2024 (the effective date of Public Act 103-651), no permit may be issued unless all of …

(415 ILCS 5/59.10) Sec. 59.10. Financial assurance. (a) The owner or operator of a sequestration activity permitted in accordance with this Act shall maintain financial assurance in an amount equal to or greater than the cost estimate calculated in accordance with paragraph (11) …

(415 ILCS 5/59.11) Sec. 59.11. Insurance. (a) The owner or operator of a carbon sequestration facility permitted in accordance with this Act shall maintain insurance to cover wrongful death, bodily injuries, property damages, and public or private losses related to a release from…

(415 ILCS 5/59.12) Sec. 59.12. Ownership of carbon dioxide; liability. (a) The owner or operator of a sequestration activity permitted in accordance with this Act may be subject to liability for any and all damage, including, but not limited to, wrongful death, bodily injuries, o…

(415 ILCS 5/59.13) Sec. 59.13. Carbon Dioxide Sequestration Long-Term Trust Fund. The Carbon Dioxide Sequestration Long-Term Trust Fund is hereby created as a State trust fund in the State treasury. The Fund may receive deposits of moneys made available from any source. All money…

(415 ILCS 5/59.14) Sec. 59.14. Water Resources Fund. The Water Resources Fund is hereby created as a special fund in the State treasury to be administered by the Department of Natural Resources. The Fund shall be used by the Department of Natural Resources for administrative cost…

(415 ILCS 5/59.15) Sec. 59.15. Environmental Justice Grant Fund. The Environmental Justice Grant Fund is hereby created as a special fund in the State treasury to be administered by the Agency. The Fund shall be used by the Agency to make grants to eligible entities, including, b…

(415 ILCS 5/59.16) Sec. 59.16. Carbon Dioxide Sequestration Administrative Fund. The Carbon Dioxide Sequestration Administrative Fund is hereby created as a special fund within the State treasury to be administered by the Agency. Moneys in the fund may be used: (1) for Agency adm…

(415 ILCS 5/59.17) Sec. 59.17. Sequestration annual tonnage fee. (a) Beginning July 1, 2025, and each July 1 thereafter, each sequestration operator shall report to the Agency the tons of carbon dioxide injected in the prior 12 months. (b) If the sequestration operator does not p…

(415 ILCS 5/59.18) (Section scheduled to be repealed on January 1, 2032) Sec. 59.18. Mahomet Aquifer Advisory Study Commission. (a) The Mahomet Aquifer Advisory Study Commission is hereby created to study and review any reports submitted to the Mahomet Aquifer Advisory Study Comm…

(415 ILCS 5/59.2) Sec. 59.2. Report on minimum carbon capture standards and the deployment of carbon capture and sequestration technology. By December 1, 2028, the Agency, in consultation with Illinois Emergency Management Agency and Office of Homeland Security, the Illinois Comm…

(415 ILCS 5/59.3) Sec. 59.3. Minimum carbon dioxide capture efficiency rulemaking authority. The Agency may propose, and the Board may adopt, rules to establish a minimum carbon capture efficiency rate for carbon capture projects. The Agency may propose, and the Board may adopt, …