September, 2005 

From Environmental Resources eNews at www.ercweb.com/:

Governor Rod R. Blagojevich signed into law a bill making Illinois the nation's leader in ensuring communities' right-to-know about potentially dangerous local environmental threats. The new law also gives the Illinois Environmental Protection Agency (IEPA) new powers to expedite cleanups in instances when the public may be at risk of exposure to contaminants.

The Community Right-to-Know bill, proposed by IEPA, was prompted by the Agency's experience with homeowners in DuPage County. IEPA conducted an unprecedented sampling of hundreds of private wells in the area after initial samples indicated a plume of groundwater contamination in the vicinity of the Lockformer plant in Lisle.

Lockformer denied that it caused off-site contamination from spills of solvents containing the same VOCs that were later detected in the homeowners' wells. Although IEPA has no legal jurisdiction over private wells, the Agency worked successfully with lawmakers and county and local officials to help more than 700 homeowners connect to a public water supply.

Under the new law, Illinois EPA and the Illinois Department of Public Health will work with county and local health departments to determine the best notification method depending on the type of pollution, the community, and other circumstances. Methods could include direct mail notices, phone calls, door-to-door visits, community and small group meetings, public service announcements and flyers. While all of these techniques have been used by IEPA for several years, the new legislation codifies a systematic approach and makes polluters financially responsible for bearing reasonable notification costs.

The new law requires responsible parties to bear the costs of all reasonable measures taken to inform the affected public of exposure risks from any off-site contamination. This will now be mandatory in cases where groundwater and drinking water sources have been contaminated, at sites where entry and access have been prohibited to protect public safety, as well any emergency involving the release of a hazardous substance.

Illinois new comprehensive system for notifying communities about pollution combined with its new power to force polluters to cover notification costs puts the state at the nation's forefront in terms of community-right-to-know laws.

Another key part of the legislation gives IEPA an authority that most other state environmental agencies already have, to issue "administrative orders" which compel responsible parties to clean up or contain hazardous contaminants released into the environment. Until now, the Agency had to ask the Attorney General to seek a court order in such cases.

Thanks to this new law, which would not have been possible except for the exemplary work of former IEPA Director Renee Cipriano, for the first time in its history, IEPA will be able to require immediate public notification and action when pollution puts public health at risk,"said Sen. John Cullerton (D-Chicago), the chief Senate sponsor. "It guarantees due process while underscoring a vital tenet of environmental law: the polluter pays."

Parties who are issued an administrative order have the right to appeal to the Pollution Control board. The law, which goes into effect immediately, provides for IEPA to adopt specific rules on the costs that will be covered under the law.