(a) Within 120 days of the Agency’s receipt of a corrective action completion report, the Agency shall issue to the owner or operator a “no further remediation letter” unless the Agency has requested a modification, issued a rejection under subsection (d) of this Section, or the report has been rejected by operation of law.
     (b) By certifying such a statement, a Licensed Professional Engineer or Licensed Professional Geologist shall in no way be liable thereon, unless the engineer or geologist gave such certification despite his or her actual knowledge that the performed measures were not in compliance with applicable statutory or regulatory requirements or any plan submitted to the Agency.
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Terms Used In Illinois Compiled Statutes 415 ILCS 5/57.10

  • Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
  • Bequest: Property gifted by will.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Corrective action: means activities associated with compliance with the provisions of Sections 57. See Illinois Compiled Statutes 415 ILCS 5/57.2
  • Deed: The legal instrument used to transfer title in real property from one person to another.
  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • Inter vivos: Transfer of property from one living person to another living person.
  • Licensed Professional Engineer: means a person, corporation, or partnership licensed under the laws of the State of Illinois to practice professional engineering. See Illinois Compiled Statutes 415 ILCS 5/57.2
  • Licensed Professional Geologist: means a person licensed under the laws of the State of Illinois to practice as a professional geologist. See Illinois Compiled Statutes 415 ILCS 5/57.2
  • Mortgagee: The person to whom property is mortgaged and who has loaned the money.
  • Occurrence: means an accident, including continuous or repeated exposure to conditions, that results in a sudden or nonsudden release from an underground storage tank. See Illinois Compiled Statutes 415 ILCS 5/57.2
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • Release: means any spilling, leaking, emitting, discharging, escaping, leaching or disposing of petroleum from an underground storage tank into groundwater, surface water or subsurface soils. See Illinois Compiled Statutes 415 ILCS 5/57.2
  • Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
  • Trustee: A person or institution holding and administering property in trust.

     (c) The Agency’s issuance of a no further remediation letter shall signify, based on the certification of the Licensed Professional Engineer, that:
        (1) all statutory and regulatory corrective action
    
requirements applicable to the occurrence have been complied with;
        (2) all corrective action concerning the remediation
    
of the occurrence has been completed; and
        (3) no further corrective action concerning the
    
occurrence is necessary for the protection of human health, safety and the environment.
This subsection (c) does not apply to off-site contamination related to the occurrence that has not been remediated due to denial of access to the off-site property.
     (d) The no further remediation letter issued under this Section shall apply in favor of the following parties:
        (1) The owner or operator to whom the letter was
    
issued.
        (2) Any parent corporation or subsidiary of such
    
owner or operator.
        (3) Any co-owner or co-operator, either by joint
    
tenancy, right-of-survivorship, or any other party sharing a legal relationship with the owner or operator to whom the letter is issued.
        (4) Any holder of a beneficial interest of a land
    
trust or inter vivos trust whether revocable or irrevocable.
        (5) Any mortgagee or trustee of a deed of trust of
    
such owner or operator.
        (6) Any successor-in-interest of such owner or
    
operator.
        (7) Any transferee of such owner or operator whether
    
the transfer was by sale, bankruptcy proceeding, partition, dissolution of marriage, settlement or adjudication of any civil action, charitable gift, or bequest.
        (8) Any heir or devisee or such owner or operator.
        (9) An owner of a parcel of real property to the
    
extent that the no further remediation letter under subsection (c) of this Section applies to the occurrence on that parcel.
    (e) If the Agency notifies the owner or operator that the “no further remediation” letter has been rejected, the grounds for such rejection shall be described in the notice. Such a decision shall be a final determination which may be appealed by the owner or operator.
     (f) The Board shall adopt rules setting forth the criteria under which the Agency may require an owner or operator to conduct further investigation or remediation related to a release for which a no further remediation letter has been issued.
     (g) Holders of security interests in sites subject to the requirements of this Title XVI shall be entitled to the same protections and subject to the same responsibilities provided under general regulations promulgated under 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).
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