Governing Law and Regulations
Illinois Environmental Protection Agency (IEPA) Bureau of Land
See ADDRESSES & CONTACTS for addresses and telephone numbers.
See national section for basic information and federal regulations.
Comparison: State vs. Federal
• Rules. IEPA does not restrict the sale of environmentally contaminated property. On August 9, 2001, Illinois repealed the Illinois Responsible Property Transfer Act of 1988 (IRPTA). The legislation did not affect the residential property disclosure requirements that are established by the Illinois Residential Real Property Disclosure Act. The information included in an IRPTA disclosure is already otherwise available to purchasers through Phase I Environmental Site Assessments, which have become a standard part of due diligence in property acquisitions. See the national section PROPERTY TRANSFER for a discussion of "all appropriate inquiry" process.
Illinois follows federal rules 40 CFR 258.60 that require a notation on the deed to a landfill facility following closure. See the state section LANDFILLS for additional information. In addition, written notification must be made to IEPA of all transfers of hazardous waste disposal sites.
• Administration and enforcement. IEPA administers and enforces both the hazardous and solid (nonhazardous) waste landfill requirements in Illinois.
HAZARDOUS WASTE DISPOSAL
415 ILCS 5/21 and 415 ILCS 5/39
In Illinois, no person may transfer interest in any land that has been used as a hazardous waste disposal site ...