Illinois Property Transfer regulations & environmental compliance analysis

Illinois Property Transfer: What you need to know

Governing Law and Regulations

Landfills: 35 Illinois Administrative Code 811.110(g)

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Hazardous waste disposal sites: 415 Illinois Compiled Statutes (ILCS) 5/21 and 415 ILCS 5/39

Reclamation liens: 415 ILCS 5/21.3

Regulatory Agency

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 On August 9, 2001, Illinois repealed the Illinois Responsible Property Transfer Act of 1988 (IRPTA).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.

State Programs

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 ...


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Illinois Property Transfer Resources

Type Title
Forms Well Disclosure Certificate
See all Property Transfer Resources