Illinois § 22.2b

§ 22.2b.

Limit of liability for prospective purchasers of real property. (a) The State of Illinois may grant a release of liability that provides that a person is not potentially liable under subsection (f) of Section 22.2 of this Act as a result of a release or a threatened release of a hazardous substance or pesticide if: (1) the person performs the response actions to remove or remedy all releases or threatened releases of a hazardous substance or pesticide at an identified area or at identified areas of the property in accordance with a response action plan approved by the Agency under this Section; (2) the person did not cause, allow, or contribute to the release or threatened release of a hazardous substance or pesticide through any act or omission; (3) the person requests, in writing, that the Agency provide review and evaluation services and the Agency agrees to provide the review and evaluation services; and (4) the person is not otherwise liable under subsection (f) of Section 22.2 under, and complies with, regulations adopted by the Agency under subsection (e). (b) The Agency may approve a response action plan under this Section, including but not limited to a response action plan that does not require the removal or remedy of all releases or threatened releases of hazardous substances or pesticides, if the person described under subsection (a) proves: (1) the response action will prevent or mitigate immediate and significant risk of harm to human life and health and the environment; (2) activities at the property will not cause, allow, contribute to, or aggravate the release or threatened release of a hazardous substance or pesticide; (3) due consideration has been given to the effect that activities at the property will have on the health of those persons likely to be present at the property; (4) irrevocable access to the property is given to the State of Illinois and its authorized representatives; (5) the person is financially capable of performing the proposed response action; and (6) the person complies with regulations adopted by the Agency under subsection (e). (c) The limit of liability granted by the State of Illinois under this Section does not apply to any person: (1) Who is potentially liable under subsection (f) of Section 22.2 of this Act for any costs of removal or remedial action incurred by the State of Illinois or any unit of local government as a result of the release or substantial threat of a release of a hazardous substance or pesticide that was the subject of the response action plan approved by the Agency under this Section. (2) Who agrees to perform the response action contained in a response action plan approved by the Agency under this Section and fails to perform in accordance with the approved response action plan. (3) Whose willful and wanton conduct contributes to a release or threatened release of a hazardous substance or pesticide. (4) Whose negligent conduct contributes to a release or threatened release of a hazardous substance or pesticide. (5) Who is seeking a construction or development permit for a new municipal waste incinerator or other new waste-to-energy facility. (d) If a release or threatened release of a hazardous substance or pesticide occurs within the area identified in the response action plan approved by the Agency under this Section and such release or threatened release is not specifically identified in the response action plan, for any person to whom this Section applies, the numeric cleanup level established by the Agency in the response action plan shall also apply to the release or threatened release not specifically identified in the response action plan if the response action plan has a numeric cleanup level for the hazardous substance or pesticide released or threatened to be released. Nothing in this subsection (d) shall limit the authority of the Agency to require, for any person to whom this Section does not apply, a numeric cleanup level that differs from the numeric cleanup level established in the response action plan approved by the Agency under this Section. (e) The Agency may adopt regulations relating to this Section. The regulations may include, but are not limited to, both of the following: (1) Requirements and procedures for a response action plan. (2) Additional requirements that a person must meet in order not to be liable under subsection (f) of Section 22.2. (Source: P.A. 92-574, eff. 6-26-02.)