Illinois “Right to Know/Response” Bill

Bill legislation proposed by Governor Rod Blagojevich and the Illinois EPA that gives the agency new powers to expedite cleanups when the public is at risk of exposure to contaminants was unanimously approved by the Illinois House on a 112–0 vote. SB 241 goes back to the Senate for concurrence with a House amendment before it can be sent to the Governor.

The legislation would require parties responsible for off-site contamination posing a threat to the public or the environment to pay for the cost of all reasonable measures taken to inform the affected public of the exposure risks. The bill provides for the Illinois EPA to adopt specific rules on the costs that would be covered.

Another key part of the legislation would allow Illinois EPA to join most other state environmental agencies around the nation in having “administrative order” authority to order responsible parties to clean up or contain hazardous contaminants released into the environment. Currently, the agency must ask the attorney general to seek a court order in such cases.

Parties who are issued an administrative order would have the right to appeal to the Pollution Control Board.

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