New Illinois Law Requires Notification of Off-Site Soil and Groundwater Contamination, Strengthens IEPA Power to Expedite Cleanups
July 25, 2005
On July 25, Illinois Governor Blagojevich signed into law a bill that requires the Illinois Environmental Protection Agency (IEPA) to notify affected parties regarding off-site soil and groundwater contamination, and gives IEPA new powers to expedite cleanups where it finds that the public is at risk of exposure to contaminants.
The new law requires IEPA to evaluate releases of contaminants whenever contaminants have migrated off-site, and take any appropriate actions in response to the release, including public notification. Beginning in 2006, notification is required if IEPA determines that off-site soil contamination poses a risk of exposure in excess of appropriate "Tier 1" remediation objectives, or if groundwater contamination poses a risk above Class I groundwater standards. Notice will be given to affected property owners and water users, and information regarding the notices must be made available on the Internet. Responsible parties must bear the costs of all reasonable measures taken by IEPA to inform the affected public of the exposure risks.
By July, 2006, IEPA must make available on the Internet agency databases containing information about releases or suspected releases of contaminants in the state.
Another key part of the new law gives IEPA the authority to issue “administrative orders” which compel responsible parties to clean up or contain hazardous contaminants released into the environment and migrated off-site. Until now, the Agency had to ask the Attorney General to seek a court order in such cases. Illinois EPA sought this authority to order responsible parties to clean up contamination quickly. Parties who are issued an administrative order have the right to appeal to the Pollution Control Board. Prevailing parties can obtain reimbursement for any response costs incurred while the appeal was pending as well as reasonable costs associated with the appeal.
Additional requirements under the new law are expected; the Agency is required to evaluate the Board's rules and propose amendments to require potable water well surveys and community relations activities whenever off-site potable water supplies are at risk. The Agency is also required to propose rules concerning the costs for which it can seek reimbursement in connection with public notification of off-site releases.
