Sec. 25. Powers and duties of the Agency and Board.

578 words·~3 min read·/il/chapter-415/act-135/25

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)The Agency shall have all of the general powers reasonably necessary and convenient to carry out this Act, including, but not limited to, the power to:

(1)Take actions and enter into agreements necessary to:

(A)reimburse claimants for eligible remedial action expenses;

(B)protect the environment from releases for which claimants are eligible for

reimbursement under this Act by, among other things, performing investigative, remedial, or other appropriate actions in response to those releases;

(C)reduce costs associated with remedial actions; and

(D)pay eligible claims in accordance with coverage provided under Section 45 of

this Act.

(2)Acquire and hold personal property to be used for the purpose of remedial action.

(3)(Blank).

(4)(Blank).

(5)(Blank).

(6)(Blank).

(7)Except as otherwise provided by law, inspect any document in the possession of an

owner, operator, service provider, or any other person if the document is relevant to a claim for reimbursement under this Section or may inspect a drycleaning facility for which a claim for benefits under this Act has been submitted.

(b)(Blank).

(c)The Agency shall, in accordance with Board rules, prioritize the expenditure of funds from the remedial action account whenever it determines that there are not sufficient funds to settle all current claims. In prioritizing, the Agency shall consider, among other things, the following:

(1)the degree to which human health is affected by the exposure posed by the release;

(2)the reduction of risk to human health derived from remedial action compared to the

cost of the remedial action;

(3)the present and planned uses of the impacted property;

(4)whether the claimant is currently licensed, insured, and has paid all fees and

premiums due under this Act; and

(5)other factors as determined by the Board.

(d)The Board may adopt rules allowing the direct payment from the Fund to a contractor who performs remediation. The rules concerning the direct payment shall include a provision that any applicable deductible must be paid by the drycleaning facility prior to any direct payment from the Fund.

(e)(Blank).

(f)The Agency may, in accordance with constitutional limitations, enter at all reasonable times upon any private or public property for the purpose of inspecting and investigating to ascertain possible violations of this Act, any rule adopted under this Act, or any order entered pursuant to this Act.

(g)If the Agency becomes aware of a violation of this Act or any rule adopted under this Act, it may refer the matter to the Attorney General for enforcement.

(h)In calendar years 2021 and 2022 and as deemed necessary by the Director of the Agency thereafter, the Agency shall prepare a report on the status of the Fund and convene a public meeting for purposes of disseminating the information in the report and accepting questions from members of the public on its contents. The reports prepared by the Agency under this subsection shall, at a minimum, describe the current financial status of the Fund, identify administrative expenses incurred by the Agency in its administration of the Fund, identify amounts from the Fund that have been applied toward remedial action and insurance claims under the Act, and list the drycleaning facilities in the State eligible for reimbursement from the Fund that have completed remedial action. The Agency shall make available on its website an electronic copy of the reports required under this subsection.