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Illinois Land Use & Environmental Law


Land Use & Environmental Law

State and federal land use and environmental laws touch many areas of business. Awareness of laws and regulations in this area can help a savvy business owner avoid substantial future costs and liability. This chapter identifies and describes some of the primary land use and environmental issues of concern to business owners.

Land Use Law

There are laws that may impose specific standards regarding how property can be used, such as how a building can be built, how big or small it can be and where it may be placed on the property. These specifications may be laid out in local regulations or in building codes. Building codes are developed to protect public health and safety. To ensure compliance with building codes, many municipalities require that property owners obtain building permits before they begin any type of construction or development.

On shorelines, the state adds other rules regarding the size and shape of buildings as well as their locations on lots to these local regulations. The additional regulations are intended to avoid adverse environmental consequences resulting from building construction.

Other kinds of land use regulations serve to protect the environment. Any development that may have an effect on the environment must conform to local, state and federal regulations. For example, the National Environmental Policy Act is a federal law that requires federal agencies to create environmental impact statements and give permission to developers planning projects that could adversely affect the environment. Such statements detail the effects of projects on areas such as air and water quality, safety and wildlife.

Zoning

Zoning regulations are a particular type of land use control. Their purpose is to control and regulate development and growth of a community in a way that is best for the general public as determined by local government. This is accomplished by dividing a community into areas (zones) that can be used only for certain purposes.

Zones generally fall into four basic categoriesresidential, commercial, industrial and agricultural. Most cities further divide property into more intricate specifications, such as a zone for single-family houses within a residential area, areas zoned for light-industrial and heavy-industrial operations.

It is important to find out exactly how a property is zoned, for this could have serious consequences on how the property can be used at the present time and in the future. Zoning ordinances are changed through amendments. Such changes can be sought by an individual property owner or local governments. The changes must be determined to be in the best interest of the community, and the opinions of persons affected must be sought through public hearings.

Another way to seek relief from zoning laws is through a variance permit. Such permits make exceptions for uses of property that are not otherwise allowed under the zoning laws. Other ways around zoning laws include conditional use promises that allow special permission for an inconsistent use that benefits the community and spot zoning, which re-zones a small area or even one plot of land. Again, this is only allowed if it benefits the community.

Water Law

With the purchase or sale of real estate comes certain air, mineral and water rights. Water rights include the use of underground water andwater that touches the owner's property. Landowners whose property touches flowing water are riparian owners, which means they have the right to use the bordering water for reasonable and beneficial use, such as boating, swimming and other recreational purposes. Riparian owners may not, however, legally divert the water to land that does not adjoin the stream or lake. An owner may not use the adjoining water in a way that affects the quality or availability of the water further upstream, downstream or down the coast, by polluting the water or changing its flow.

Environmental Law

Some business owners have become so concerned about potential liability under these laws that their concerns have become deal-breakers. These laws regulate not only obvious concerns such as the handling of dangerous chemicals and the disposal of toxic waste, but also areas such as the building of new facilities and the rights of workers to know which chemicals are present in the workplace.

Regulatory Agencies

Various governmental agencies are responsible for establishing and implementing environmental law in Illinois. Governmental regulation of the use of land, water, forests and other natural resources is a complex collaborative effort by federal and state agencies. Even local organizations may regulate this areaby dictating how its residents dispose of waste or by setting aside a wildlife preserve, for example. Most federal environmental regulation is by the United States Environmental Protection Agency (EPA), headquartered in Washington, D.C. and has regional offices nationwide. The United States Army Corps of Engineers also has oversight authority with regard to environmental issues. The Illinois Environmental Protection Agency (IEPA) is the agency responsible for environmental regulation in Illinois. The Illinois Pollution Control Board is authorized to approve or disapprove regulations, variances and enforcement orders proposed by the IEPA. The Board has many powers and when appeals are made to the court system, only the Board's records are considered by the court. The Board generally defers to the IEPA in its proposed regulations. The Board also may initiate regulations. With this structure, Illinois has taken some very progressive measures with respect to environmental concerns. It also has led to confusion and regulatory delay in other instances.

Other state agencies that administer environmental regulations include:

  • The Illinois Department of Energy and Natural Resources, which administers energy programs and coordinates state and federal initiatives. Within the Department is the Board of Natural Resources and Conservation and the Illinois Coal Development Board
  • The Illinois Department of Conservation furthers and enforces the Illinois Conservation Enhancement Act by comprehensive natural resources management plans. It also oversees two programs related to protection of soil and water quality: the Save Illinois Topsoil Program and the Illinois Natural Resource Enhancement Program
  • The Illinois Department of Agriculture has authorityalong with local agenciesover the numerous statewide Soil and Water Conservation Districts. These districts plan and maintain projects and programs relating to conservation of all natural resources

Areas of Regulation

Broad categories of environmental concern and the laws and rules with which businesses may have to comply are discussed in this section. These categories include water and soil quality, air pollution, coal and minerals, forests, hazardous waste and solid waste.

Water and Soil Quality

Businesses are responsible for the effect their operations may have on water quality. Water quality is governed by a number of different governmental entities and regulations.

Illinois pollution requirements prohibit anyone from discharging untreated sewage into state waters, which include all streams, lakes and ponds, and any other bodies of water above or below ground. Most Illinois waters are classified for general use and must be suitable for public consumption and food processing. There are some designated waters in Cook County, however, that are classified as safe only for secondary contact and indigenous aquatic life. Firms that use Illinois waters must obtain permits from the Water Resources Division of the Department of Energy and Natural Resources. Illinois also has laws, regulations and programs dealing with groundwater protection, drinking water wells, agricultural uses, pesticides, coal mining runoff, and is currently working on a coastal management plan for the Lake Michigan shoreline.

National Pollution Discharge Elimination System (NPDES) permits are required for anyone who intends to emit any pollutant into state surface waters, including noncontact cooling water and air-conditioning or heat-pump water. If the discharge goes to a public sewer, an NPDES permit is not required, except for certain types of industries. These industries include those that produce leather, glass, asbestos, rubber and timber products. Their discharges are subject to additional United States Environmental Protection Agency requirements. Illinois has authority to administer NPDES permits; firms desiring such permits should contact the IEPA. The state's pretreatment regulatory program has not been approved by the EPA. Thus, businesses or firms having pretreatment obligations must contact the IEPA and the EPA Region V office in Chicago. The IEPA regulates disposal of waste water as well as municipal, industrial and commercial discharges through the use of permits. Some of the pollutants regulated are arsenic, copper, cyanide, iron, lead, mercury, dissolved oxygen, pH, alkalinity and temperature.

In Illinois, Soil and Water Conservation Districts have been organized to plan and maintain programs and projects relating to the conservation of renewable natural resources, including soil, forests, fish, wildlife, air and water. These programs deal with the control and prevention of soil erosion, floods, flood water and sediment damages, and the impairment of dams and reservoirs. Other projects assist in maintaining the navigability of rivers and harbors, providing water supplies for domestic, industrial and agricultural uses and the development and improvement of recreational projects. The Illinois Department of Agriculture oversees these districts in cooperation with local government and other political subdivisions and agencies of the state under the Soil and Water Conservation Districts Act.

Finally, businesses in Illinois may find that their activities are controlled to the extent they may affect the state's water resources. Oversight of protection for Illinois' wetlands is handled by the Division of Water Pollution Control of the Office of Resource Conservation, Illinois Department of Natural Resources. Because Illinois has no state regulations covering its wetlands, businesses undertaking activities in the areas should consult with the United States Army Corps of Engineers. Final state approval is needed, however, before any activity in a wetlands area may commence.

Although Illinois does not have a coastal management plan in place to protect the shoreline of Lake Michigan, it is an active participant in the Great Lakes Initiative, a federal/state effort to prevent pollution in the Great Lakes. Among the activities it has taken on to protect Lake Michigan are the cleanup of Waukegan Harbor, building a wastewater overflow system to prevent backflow of sewage from the Chicago River into the lake and reducing pollution and discharge from public sources into the lake.

The Illinois Conservation Enhancement Act created two programs: the Save Illinois Topsoil Program and the Illinois Natural Resource Enhancement Program, which aim to take marginal agricultural land out of crop production or pasture to protect soil and water quality. The Director of the Department of Conservation oversees both programs. The Soil and Water Conservation Districts also regulate the use of soil in Illinois. Builders should be aware of state and local rules designed to prevent soil erosion.

Abandoned or leaking storage tanks are common sources of water and ground pollution. Many tanks that once held toxic substances such as petroleum were buried, poorly maintained and eventually forgotten. Years after they were last used, they continue to pollute the soil surrounding them and can be a major liability for property owners. Federal and state storage tank regulations are intended to prevent the release of substances hazardous to human health and the environment. The regulations also contain provisions for the cleanup of leaks and damage caused by these storage tanks.

In Illinois, water quality rules require that persons who own any stored liquid substance that may cause pollution obtain a storage permit from the IEPA. Storage tank owners are also subject to rules governing the operation of the tanks to prevent overfilling or spilling. Other regulations control the number of years that an underground tank can remain in the ground and the ways it can be repaired. All new and existing underground tanks must be monitored every month to check for releases, which must immediately be reported and mitigated. In addition, the Office of the State Fire Marshall requires that only certified contractors perform installation and removal of underground tanks. All persons who do repairs above grade level for themselves need not pay a fee or be certified.

In Illinois, an Underground Storage Tank Fund has been set up to deal with emergency spills. The IEPA's Bureau of Land and the Office of the State Fire Marshal jointly administer the regulatory programs. The State Fire Marshal oversees the daily operation and maintenance of the tank systems while the IEPA takes over once a leak has occurred.

Air Pollution

Laws regulating air pollution are designed to limit industry emission of airborne pollutants that may be harmful to people, plants and animals. In Illinois, these air quality standards are enforced by the IEPA. The standards were established by the federal government through the Clean Air Act.

As required by the EPA, the IEPA reports an air pollution standards index (PSI) for cities with 200,000 or more residents. The index is based on measured levels of major air pollutants, such as particulates, ozone, carbon monoxide, sulfur dioxide and, during summer, mold and pollen counts. In other areas, levels may be estimated through computer modeling. The levels are a major factor in the State Implementation Plan (SIP) that the IEPA must file with the EPA to demonstrate attainment of federal air quality standards. Attainment or nonattainment affects the issuance of permits to businesses emitting air pollutants.

Emission of air pollutants can occur directly or indirectly. Indirect sources include roads and the emission of heavy traffic drawn to certain businesses locations, such as hotels and shopping centers. Direct emissions are those that come from buildings, machines or processes that emit pollutants. A business that owns or operates a facility that emits pollutants must comply with all applicable air pollution controls, which often involves getting a permit from the IEPA. In most cases, at least 180 days are needed for processing a permit application.

Some IEPA rules apply even though the business does not have direct air emissions that require permits. Businesses are liable for air pollutants such as odors, dust, smoke caused by open burning that may be carried by the winds as a result of business operations. A business must notify the IEPA immediately of any release to the air that might endanger human health, damage property or create a public nuisance, and the business must take any steps necessary to prevent such releases. Businesses that should be particularly aware of air quality rules include grain elevators, concrete plants and sand and gravel and building demolition operations, as well as those that use boilers, incinerators, generators and solvent-borne coatings.

Indoor air quality has received more emphasis in recent years. "Sick-building syndrome" is more likely to occur in buildings constructed between 1973 and 1990, due in part to inadequate ventilation. Contributors to indoor air pollution include formaldehyde in particle board, plywood, furniture and carpets; benzene in synthetic fibers, plastics and cleaning supplies; mercury and lead in paint; asbestos; dust; pollen; mold; and tobacco smoke.

The Department of Energy and Natural Resources provides information regarding the state's air resources. Under the Illinois Clean Indoor Air Act, the Department of Public Health has established rules governing smoking in the workplace. Generally, smoking is prohibited in the workplace except in designated areas.

Coal

The Department of Mines and Minerals is the primary regulatory body for mining in Illinois. To prevent coal mining runoff, complex systems of surface water damage and sediment control are required. Other areas of regulation concern water treatment, disposal of mine waste and controls to protect the state's groundwater. The state programs are in coordination with the federal government under the Surface Mining Control and Reclamation Act of 1977.

The Natural Resources Act, which established the Illinois Department of Energy and Natural Resources, also encourages conservation and development of the state's natural resources, including its mineral resources. The Board of Natural Resources and Conservation was set up to decide matters pertaining to natural history, geology, water and atmospheric resources, forestry and related scientific work. The Illinois Coal Development Board was created to extract, utilize and transport Illinois coal and other fossil fuel resources, as well as provide research and technical assistance. The Illinois Industrial Coal Utilization Program was set up to increase the use of Illinois coal by operating a loan program to partially finance new coal burning facilities in Illinois.

The Surface-Mined Land Conservation and Reclamation Act provides for conservation and reclamation of lands affected by surface mining and to restore them to productive future use. Some of the activities carried out under the Act to prevent erosion, stream pollution, and other injurious effects on natural resources include planting forests, grasses and crops; enhancing wildlife and aquatic resources; establishing recreational, residential and industrial sites; and managing and conserving these natural resources for the benefit of the people of Illinois.

Forests

The Department of Conservation supervises forests in Illinois for the production of forest products, protection of watersheds, prevention of erosion, and maintenance of the purity of springs and streams in the state, and the creation of recreational areas for the people of Illinois. The following have been designated State Forests: Big River State Forest in Henderson County; Sand Ridge State Forest in Mason County; Hidden Springs State Forest in Shelby County; Trail of Tears State Forest in Union County; and Wildcat Hollow State Forest in Effingham County. Sale of timber, Christmas trees and roundwood from these lands and state nurseries is supervised by the Department. Other portions of the state forests have been set aside as sanctuaries for the protection and breeding of wildlife and fish.

Hazardous Waste

Hazardous waste is waste in any form that may cause serious illness or death or is otherwise dangerous to human health. A waste is said to exhibit a hazardous characteristic if it is flammable, oxidizable, corrosive, reactive or toxic.

Regulation of Hazardous Waste

Under the Illinois Health and Hazardous Substances Registry Act, the Illinois Department of Public Health maintains a registry of companies operating in the state that use, dispose of or transport hazardous substances in Illinois. The registry includes information on types of permits issued to a company; an inventory of hazardous substances handled by the company; the manner in which the substances are used, disposed of or transported by the company; exposure to nuclear material and hazardous substance incidents at the company; and cancer incidence and related health concerns.

The IEPA is the regulating authority for hazardous waste. Each industry generating waste is required to determine whether that waste is hazardous or not. The IEPA has a list of hazardous materials and standards for their testing. Generators and transporters of hazardous waste, as well as operators of treatment, storage and disposal facilities must comply with all applicable rules, including any federal rules not yet incorporated into the state rules. Farmers with waste pesticides and importers of hazardous waste have rules applicable to them as well.

Hazardous waste-generating facilities must receive permits from the IEPA and comply with numerous rules that apply specifically to their operations. Generators also are required to have EPA identification numbers and licenses (renewable annually), and must submit annual disclosure statements. License fees are based on the amount of waste generated and the disposal method. Fees are imposed at treatment and disposal sites based on the amount received measured in gallons or cubic yards. A transporter of hazardous waste also must have an EPA identification number and be registered to haul hazardous waste in the destination state. An experienced environmental law attorney should be familiar with other echnical rules that apply.

Each hazardous waste generator must name an emergency coordinator who is on call for disasters. All generators must post emergency notification information and locations of emergency control equipment and alarms. If a spill occurs, the emergency coordinator or person in control must contain it, clean it up and call the National Response Center and the Illinois Emergency Management Agency. A transporter who spills hazardous waste must submit a report to the Director, Officer of Hazardous Materials Regulations, Materials Transportation Bureau of the Department of Transportation in Washington, DC.

The Illinois Hazardous and Solid Waste Recycling and Treatment Act allowed the Illinois Department of Energy and Natural Resources to create the Hazardous Waste Research and Information Center. The Center's missions are to conduct research and educate; collect, analyze and disseminate information; and provide technical assistance to industry, agribusiness and communities to better manage and solve problems associated with the state's hazardous waste. Another goal of the Center is to encourage waste reduction among Illinois' hazardous waste generators. The Hazardous Materials Laboratory on the University of Illinois Urbana-Champaign campus houses the Center.

Superfund

Superfund is a federal program enacted to identify and clean up sites contaminated by hazardous substances. Illinois has adopted regulations identical to the federal regulations with the exception of a contingency plan enacted prior to Superfund. Superfund laws impose liability on those responsible for release of a hazardous substance, pollutant or contaminant. The liability is "strict," meaning that it does not matter whether the company was negligent. If it was the cause of the contamination, the company may incur liability. Further, this liability can be enacted retroactively so that the persons responsible can be liable even though the contamination occurred before the law was enacted. Penalties for noncompliance with federal and state statutes in this area are severe.

Generally, people who owned or operated a facility when it was contaminated or who transported or disposed of the contaminant can be held responsible. However, under the "innocent landowner exclusion," an owner of contaminated property may escape liability if he or she did not know of or had no reason to know of, and was in no way associated with, the contamination. In addition to the persons named by statute as responsible for the contamination, courts have extended liability to those who held interest in any corporation responsible for the contamination and had the power to prevent the damage from occurring. Therefore, corporate officers, directors and even shareholders can be held personally liable for the cleanup. In addition, parent and successor corporations also have been held liable under Superfund. An employee may be liable only if he or she knew the substance was hazardous and acted negligently, but an employer is responsible regardless of the degree of care exercised by an employee. Responsible persons are also referred to as "potentially responsible parties" or PRPs.

PRPs may have to pay the costs incurred by the state to clean up and remove the damage or contamination. In the case of release of hazardous substances, PRPs may be liable for economic loss and personal injury. The only defense to the Superfund laws recognized by the courts is that the release of contaminants was caused by an act of God, vandalism, war or a third party.

Once a contaminated site has been discovered, an extensive system of assessment, cleanup and monitoring begins. Researchers must determine the total scope and effect of the contamination as well as the best way to conduct the cleanup. Also, monitoring of the site may go on for many years after the initial cleanup has been completed.

Asbestos

Asbestos is listed as a hazardous substance covered by the Superfund Act. Different federal and state agencies regulate asbestos outside of the workplace. The EPA regulates the reporting of commercial and industrial uses of asbestos and the control and abatement of asbestos-containing materials in schools. Emissions of asbestos into the air are regulated under the federal Clean Air Act and by Illinois air pollution control standards. Various federal and state laws regulate discharge of asbestos into waters. Asbestos exposure in the workplace is governed by the federal Occupational Safety and Health Administration (OSHA) and is enforced by the Illinois Department of Labor and the Department of Public Health.

The basic legal requirement for all areas of business except construction is to maintain a workplace free of asbestos hazards. If the concentration of airborne asbestos fibers rises above a certain level (the threshold level), a business must begin air monitoring and medical surveillance of employees. If the levels rise above specified maximum levels (permissible exposure limits), businesses must provide employees with protective clothing and equipment, such as respirators, and make sure they are used. The protective gear must be removed only in designated changing rooms and stored in closed containers to prevent spreading asbestos in the air. The gear must be cleaned weekly, taking care not to release asbestos.

Requirements for construction, including alteration, repair, painting and decorating, are somewhat different from general industry standards. The strictest rules apply to asbestos abatement activities, while short-term, small-scale activities and construction operations in which asbestos does not exceed a threshold level for more than 30 days per year are exempt from some requirements. Medical surveillance is required less often under the construction standard than under the general industry standard. Demolition of buildings, except for apartment buildings with fewer than four units, must be reported to the EPA at least ten days prior to the start of asbestos removal or, if there is no asbestos involved, at least ten days prior to demolition.

Under both the general industry and construction standards, employers must institute a training program for employees who may be exposed to asbestos concentrations above a threshold level. Violations of asbestos standards may result in monetary and criminal penalties.

Employee Right-To-Know

Under the Toxic Substances Disclosure to Employees Act, all Illinois employers with 20 or more employees or five or more full-time employees are required to evaluate their workplaces for any toxic or hazardous substance and provide information and training to workers about the substances they may encounter. Written information on the hazards must be readily available to staff and substance labeling must conform to certain requirements. The standards established under the Act to assist employers in evaluating their worksites include lists of hazardous substances and harmful physical agents. The Act is administered by the Illinois Department of Labor.

Community Right-To-Know

Under federal law, businesses that manufacture, store or use hazardous substances must report their inventories to local emergency-planning agencies to help these agencies in the event of an unplanned release, fire or similar disaster. In Illinois, the Emergency Management Agency in the Department of Transportation collects the information. In addition to an inventory, each business is required to report estimates of maximum combined quantities of hazardous substances and the name of a responsible person who is always on-call in case of emergency. Filing fees are determined by a formula based on the number of chemicals reported.

Solid and Infectious Waste

Solid waste is defined as garbage, refuse, sludge and other waste materials resulting from industrial activities, including mining and agricultural operations. Certain wastes are specifically excluded from the definition because they are covered by different regulations. These include hazardous waste, earthen fill and sewage sludge.

Solid waste management in Illinois is the subject of numerous legislative acts and the responsibility of a host of administrative agencies, but jurisdiction lies with local governments to prepare solid waste management plans for the disposal of solid wastes. Under the Solid Waste Management Act, communities are given an economic incentive to seek alternatives to landfill for handling their waste. Among the preferred alternatives are waste reduction, recycling, resources recovery incineration and traditional incineration. All solid waste facilities must have permits. In addition, Illinois has a separate special waste category that includes many forms of nonhazardous industrial byproduct materials for which there are disposal requirements. Disposal of ash from solid waste incinerators also is regulated.

Illinois law prohibits placing waste tires, lead-acid batteries, used motor oil and other materials in landfills. Often the rules regulating what can be placed in the trash are more strict for businesses than for households.

Recycling in Illinois is governed by numerous state, county and municipal regulations. Recently, municipalities have dramatically increased their involvement in recycling by directly entering the market as recyclers, by contracting out recycling services and increasing regulation of recycling businesses.

The Department of Energy and Natural Resources is in charge of running the Illinois Hazardous and Solid Waste Recycling and Treatment Program. The Department operates a research grant and operating loan program to partially finance projects to develop and commercialize new and developing methods of recycling. The state also has an advisory task force on developing markets for recyclable materials and encourages state agencies, schools and businesses to develop recycling programs.

Infectious waste includes laboratory waste, blood and blood products, certain body fluids, research animal waste and sharp instruments such as needles and scalpel blades. Under the Illinois Potentially Infectious Medical Waste Program, such waste must not be deposited in landfills unless explicitly exempted, as in the case of treated or packaged "sharps." Facilities and transporters of this waste must have permits. Fact sheets summarizing the statuary requirements are available from the permit section of the Illinois Bureau of Land.

Electromagnetic Fields and Stray Voltage

Electrical and magnetic fields surround all electrical conductors, such as radio, television and microwave transmitters; transmission lines; and personal computers. Concern over possible deleterious health effects has resulted in job-related litigation involving claims of detrimental on-the-job exposures to electromagnetic fields (EMFs). Large commercial buildings often have transformer and switching rooms that can generate extremely strong electromagnetic fields, and office wiring can produce high fields. Computer monitors and copy machines are two common types of office equipment that produce intense magnetic fields. The field projected by a computer monitor is much stronger at the back and sides of the monitor than at the front. Offices can be designed to minimize workers' exposure to the sides and backs of other workers' monitors, thereby reducing their exposure to EMFs. OSHA currently does not regulate EMF exposure in the workplace. As more research on the topic is completed, it is expected that litigation and regulation related to EMFs will increase.

Stray voltage is a phenomenon that has become an issue in dairy farming. Under certain circumstances, electrical usage and distribution lines on a farm can result in low voltage electrical current that flows through cows, affecting the animals in various ways and often resulting in a decrease in milk production. Dairy farmers have successfully sued electrical utilities for their responsibility in the production loss. In many cases, the source of the problem is incorrect or improper wiring, faulty electrical equipment, improper grounding, dirt, moisture or bad connections.

Liability for Environmental Damage

In addition to a responsibility to comply with government regulation of the environment, businesses should be aware of the potential for civil liability. Some states have provided for a cause of action in civil litigation called a "toxic tort." A toxic tort is a personal injury or property damage caused by exposure to toxic substances. A person who keeps a potentially dangerous substance on his or her land may be held strictly liable if the substance escapes and causes injury, regardless of whether the escape resulted from negligence. Although Illinois has not yet specifically adopted this tort, negligence, trespass and nuisance are other theories of liability that may apply to environmentally caused injuries and damage. While some states have set caps on the amount recoverable in personal and property damage, Illinois has not yet set any caps on recovery.

Even in its real estate transactions, a business must take care not to incur liability. The Responsible Property Transfer Act of 1988 was passed to ensure that parties involved in certain real estate transactions are made aware of the existing environmental liabilities associated with ownership of certain properties and the past use and environmental status of such properties. This law was meant to encourage people to act in a responsible manner so as to fulfill the purpose and intent of existing environmental laws. For property subject to the Act, the seller must provide a disclosure statement to the buyer and lender revealing any environmental defects. If it reveals defects previously unknown to the buyer, or if the seller fails to provide the disclosure, the transfer may be voided. This disclosure report is to be filed along with the deed. The Act also provides for certain penalties and causes of action if the disclosure report was not provided or contained false information.

Often, an ounce of prevention is worth a pound of cure when it comes to environmental problems. Businesses always should have thorough site investigations performed before purchasing property that may be contaminated or that, because of its location, might be subject to environmental regulation. An experienced environmental and natural resources law attorney can advise on how best to protect one's business and to ensure compliance with all applicable laws.

Resources

The IEPA has numerous locations in Illinois:
  • Main Office: 2200 Churchill Road, Springfield, IL 62794-9276, (217) 782-5562 (or emergency response unit at (217) 782-3637).
  • Region 1: P.O. Box 915, 4302 Main Street North, Rockford, IL 61103, phone: (815) 987-7404.
  • Region 2: 1701 First Avenue, Maywood, IL 60153, (708) 345-9780; 595 State Street South, Elgin, IL 60120, phone: (708) 741-7771 (public water supplies only).
  • Region 3: 5415 University North, Peoria, IL 61614, phone: (309) 693-5460.
  • Region 4: 2125 First Street South, Champaign, IL 61820, phone: (217) 333-8361.
  • Region 5: 4500 Sixth Street Road South, Springfield, IL 62706, phone: (217) 786-6892.
  • Region 6: 2009 Mall Street, Collinsville, IL 62234, phone: (618) 346-5120.
  • Region 7: 2309 Main Street West, Marion, IL 62959, phone: (618) 993-7200.
Emergency coordinators required to report hazardous waste spills must contact the National Response Center at (800) 424-8802 and the Illinois Emergency Management Agency, 110 Addams Street East, Springfield, IL 62706, phone: (217) 782-4694, (217) 782-7860 or (800) 782-7860. These numbers are 24-hour lines to report all spills.

Department of Conversation, Division of Information/Education, 524 Second Street South, Fifth Floor, Springfield, IL 62701-1787, (217) 782-7454.

Department of Energy and Natural Resources, 325 Addams West, Springfield, IL 62706, (217) 785-2800 is the regulatory agency for numerous environmental issues. Water Resources Division: 524 Second Street South, Springfield, IL 62701-1787, phone: (217) 782-2152.

Contact the United States EPA, Region V, Environmental Impact Section, 230 Dearborn South, Chicago, IL 60604, phone: (312) 886-3000 for environmental impact statements or NPDES permits.

Contact the United States Army Corps of Engineers, North Central Division, 536 Clark Street South, Chicago, IL 60605, phone: (312) 734-8403 for information about flooding or wetlands.

Department of Mines and Minerals, Division of Land Reclamation, 300 Jefferson West, Springfield, IL 62791, phone: (217) 782-6791 is the regulatory agency for mining issues. Public Information Officer, phone: (217) 782-7756.

Pollution Control Board, State of Illinois Center, 100 Randolph Street West Suite 11-500, Chicago, IL 60601, phone: (312) 814-3620.

Department of Public Safety, Springfield Office, One Old State Capitol Plaza West Suite 300, Springfield, IL 62701, phone: (217) 782-1488.

For information on regulation of infectious waste disposal, including permitting, contact the Illinois Bureau of Land at (217) 254-3300.

Inquiries regarding underground storage tanks should be directed to Underground Storage Tank Coordinator, Division of Fire Prevention, Office of the State Fire Marshal, 1035 Stevenson Drive, Springfield, IL 62703-4259, phone: (217) 785-4714 or (217) 782-6760.

Contact the Department of Public Health for rules about indoor smoking or hazardous waste issues at 525 Jefferson Street West, Springfield, IL 62761, phone: (217) 782-5830.

Employees who need assistance evaluating their workplaces for toxic or hazardous substances should contact the Illinois Department of Labor at 160 LaSalle Street North, Suite C-1300, Chicago, IL 60601, phone: (312) 793-2800.

The United States Department of Transportation also regulates the transport and disposal of hazardous materials. Contract the DOT at 400 7th Street SW, Washington DC, 20590, phone: (202) 366-0656.

Department of Agriculture, Springfield, IL 62706-1001, phone: (217) 785-2427.

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