Illinois Brownfields regulations & environmental compliance analysis

Illinois Brownfields: What you need to know

Governing Law and Regulations

Voluntary Site Remediation Program (SRP): Environmental Protection Act, 415 Illinois Compiled Statutes Annotated (ILCS) 5/58.1 to 58.17 and regulations at 35 Illinois Administrative Code (IAC) 740.100 to 740.930

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Exceptions: 415 ILCS 5/58.1

Remediation applicant: 35 IAC 740.440 to 740.455

Proportionate Share Liability: 35 IAC 741

Tiered approach to corrective action objectives (TACO): 35 IAC 742

Financial Assistance:

Municipal Brownfields Redevelopment Grant Program (MBRGP): 35 IAC 885

Illinois Brownfields Redevelopment Loan Program (BRLP): 35 IAC 886

Environmental Remediation Tax Credit (ERTC): Illinois Income Tax Act, 35 ILCS 5/201

Underground Storage Tank (UST) Fund: 35 IAC 732

Regulatory Agencies

Illinois Environmental Protection Agency (IEPA) Bureau of Land Office of Brownfields Assistance

U.S. Environmental Protection Agency (EPA) Region 5

See ADDRESSES & CONTACTS for addresses and telephone numbers.

See national section for basic information and federal regulations.

Comparison: State vs. Federal

Rules. The brownfields program in Illinois, known as the [Voluntary] Site Remediation Program (SRP), establishes procedures for the cleanup of sites where there is a release, threatened release, or suspected release of hazardous substances, pesticides, or petroleum. SRP also provides incentives to clean up abandoned or underused property within the state. TACO rules are included in the SRP, which dictate the remediation process.

IEPA uses the system of proportionate share liability to allocate the percentage of response costs that responsible parties must pay in the cost recovery process. Proportionate liability replaced joint and several liability for cleanup costs in Illinois. "Joint and ...

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