(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 prima facie evidence that the site does not constitute a threat to human health and the environment and does not require further remediation under this Act, so long as the site is utilized in accordance with the terms of the No Further Remediation Letter.
     (b) Within 30 days of the Agency’s approval of a Remedial Action Completion Report, the Agency shall issue a No Further Remediation Letter applicable to the site. In the event that the Agency fails to issue the No Further Remediation Letter within 30 days after approval of the Remedial Action Completion Report, the No Further Remediation Letter shall issue by operation of law. A No Further Remediation Letter issued pursuant to this Section shall be limited to and shall include all of the following:
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Terms Used In Illinois Compiled Statutes 415 ILCS 5/58.10

  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
  • 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.
  • Deed: The legal instrument used to transfer title in real property from one person to another.
  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Executor: A male person named in a will to carry out the decedent
  • Fiduciary: A trustee, executor, or administrator.
  • Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. Source: OCC
  • Freedom of Information Act: A federal law that mandates that all the records created and kept by federal agencies in the executive branch of government must be open for public inspection and copying. The only exceptions are those records that fall into one of nine exempted categories listed in the statute. Source: OCC
  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • Inter vivos: Transfer of property from one living person to another living person.
  • Mortgagee: The person to whom property is mortgaged and who has loaned the money.
  • 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. See Illinois Compiled Statutes 415 ILCS 5/58.2
  • Remedial action: means activities associated with compliance with the provisions of Sections 58. See Illinois Compiled Statutes 415 ILCS 5/58.2
  • 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.
  • Site: means any single location, place, tract of land or parcel of property, or portion thereof, including contiguous property separated by a public right-of-way. See Illinois Compiled Statutes 415 ILCS 5/58.2
  • State: when applied to different parts of the United States, may be construed to include the District of Columbia and the several territories, and the words "United States" may be construed to include the said district and territories. See Illinois Compiled Statutes 5 ILCS 70/1.14
  • Trustee: A person or institution holding and administering property in trust.

        (1) An acknowledgment that the requirements of the
    
Remedial Action Plan and the Remedial Action Completion Report were satisfied;
        (2) A description of the location of the affected
    
property by adequate legal description or by reference to a plat showing its boundaries;
        (3) The level of the remediation objectives,
    
specifying, as appropriate, any land use limitation imposed as a result of such remediation efforts;
        (4) A statement that 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 prima facie evidence that the site does not constitute a threat to human health and the environment and does not require further remediation under the Act, so long as the site is utilized in accordance with the terms of the No Further Remediation Letter;
        (5) The prohibition against the use of any site in a
    
manner inconsistent with any land use limitation imposed as a result of such remediation efforts without additional appropriate remedial activities;
        (6) A description of any preventive, engineering, and
    
institutional controls required in the approved Remedial Action Plan and notification that failure to manage the controls in full compliance with the terms of the Remedial Action Plan may result in voidance of the No Further Remediation Letter;
        (7) The recording obligations pursuant to Section
    
58.8;
        (8) The opportunity to request a change in the
    
recorded land use pursuant to Section 58.8;
        (9) Notification that further information regarding
    
the site can be obtained from the Agency through a request under the Freedom of Information Act (5 ILCS 140); and
        (10) If only a portion of the site or only selected
    
regulated substances at a site were the subject of corrective action, any other provisions agreed to by the Agency and the RA.
    (c) The Agency may deny a No Further Remediation Letter if fees applicable under the review and evaluation services agreement have not been paid in full.
     (d) The No Further Remediation Letter shall apply in favor of the following persons:
        (1) The RA or other person to whom the letter was
    
issued.
        (2) The owner and operator of the site.
        (3) Any parent corporation or subsidiary of the owner
    
of the site.
        (4) Any co-owner, either by joint-tenancy, right of
    
survivorship, or any other party sharing a legal relationship with the owner of the site.
        (5) Any holder of a beneficial interest of a land
    
trust or inter vivos trust, whether revocable or irrevocable, involving the site.
        (6) Any mortgagee or trustee of a deed of trust of
    
the owner of the site or any assignee, transferee, or any successor-in-interest thereto.
        (7) Any successor-in-interest of the owner of the
    
site.
        (8) Any transferee of the owner of the site whether
    
the transfer was by sale, bankruptcy proceeding, partition, dissolution of marriage, settlement or adjudication of any civil action, charitable gift, or bequest.
        (9) Any heir or devisee of the owner of the site.
        (10) Any financial institution, as that term is
    
defined in § 2 of the Illinois Banking Act and to include the Illinois Housing Development Authority, that has acquired the ownership, operation, management, or control of a site through foreclosure or under the terms of a security interest held by the financial institution, under the terms of an extension of credit made by the financial institution, or any successor in interest thereto.
        (11) In the case of a fiduciary (other than a land
    
trustee), the estate, trust estate, or other interest in property held in a fiduciary capacity, and a trustee, executor, administrator, guardian, receiver, conservator, or other person who holds the remediated site in a fiduciary capacity, or a transferee of such party.
    (e) The No Further Remediation Letter shall be voidable if the site activities are not managed in full compliance with the provisions of this Title, any rules adopted under it, or the approved Remedial Action Plan or remediation objectives upon which the issuance of the No Further Remediation Letter was based. Specific acts or omissions that may result in voidance of the No Further Remediation Letter include, but shall not be limited to:
        (1) Any violation of institutional controls or land
    
use restrictions, if applicable;
        (2) The failure of the owner, operator, RA, or any
    
subsequent transferee to operate and maintain preventive or engineering controls or comply with a groundwater monitoring plan, if applicable;
        (3) The disturbance or removal of contamination that
    
has been left in place in accordance with the Remedial Action Plan;
        (4) The failure to comply with the recording
    
requirements of Section 58.8;
        (5) Obtaining the No Further Remediation Letter by
    
fraud or misrepresentation;
        (6) Subsequent discovery of contaminants, not
    
identified as part of the investigative or remedial activities upon which the issuance of the No Further Remediation Letter was based, that pose a threat to human health or the environment; or
        (7) The failure to pay the No Further Remediation
    
Assessment required under subsection (g) of this Section.
    (f) If the Agency seeks to void a No Further Remediation Letter, it shall provide notice by certified letter to the current title holder of the site and to the RA at his or her last known address. The notice shall specify the cause for the voidance and describe facts in support of that cause.
        (1) Within 35 days of the receipt of the notice of
    
voidance, the RA or current title holder may appeal the Agency’s decision to the Board in the manner provided for the review of permits in Section 40 of this Act. If the Board fails to take final action on the petition within 120 days, unless such time period is waived by the petitioner, the petition shall be deemed denied and the petitioner shall be entitled to an Appellate Court order pursuant to subsection (d) of Section 41 of this Act. The Agency shall have the burden of proof in any such action.
        (2) If the Agency’s action is not appealed, the
    
Agency shall submit the notice of voidance to the Office of the Recorder or the Registrar of Titles for the county in which the site is located. The notice shall be filed in accordance with Illinois law so that it forms a permanent part of the chain of title for the site.
        (3) If the Agency’s action is appealed, the action
    
shall not become effective until the appeal process has been exhausted and a final decision reached by the Board or courts.
        (4) Upon receiving notice of appeal, the Agency shall
    
file a notice of lis pendens with the Office of the Recorder or the Registrar of Titles for the county in which the site is located. The notice shall be filed in accordance with Illinois law so that it becomes a part of the chain of title for the site. However, if the Agency’s action is not upheld on appeal, the notice of lis pendens shall be removed in accordance with Illinois law within 45 days of receipt of the final decision of the Board or the courts.
    (g) Within 30 days after the receipt of a No Further Remediation Letter issued by the Agency or by operation of law pursuant to this Section, the recipient of the letter shall forward to the Agency a No Further Remediation Assessment in the amount of the lesser of $2,500 or an amount equal to the costs incurred for the site by the Agency under Section 58.7. The assessment shall be made payable to the State of Illinois, for deposit in the Hazardous Waste Fund. The No Further Remediation Assessment is in addition to any other costs that may be incurred by the Agency pursuant to Section 58.7.
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