|
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.
Alabama
|
Alaska
|
Arizona
|
Arkansas
|
California
|
Colorado
|
Connecticut
|
Delaware
|
District of Columbia
|
Florida
|
Georgia
|
Hawaii
|
Idaho
|
Illinois
|
Indiana
|
Iowa
|
Kansas
|
Kentucky
|
Louisiana
|
Maine
|
Maryland
|
Massachusetts
|
Michigan
|
Minnesota
|
Mississippi
|
Missouri
|
Montana
|
Nebraska
|
Nevada
|
New Hampshire
|
New Jersey
|
New Mexico
|
New York
|
North Carolina
|
North Dakota
|
Ohio
|
Oklahoma
|
Oregon
|
Pennsylvania
|
Rhode Island
|
South Carolina
|
South Dakota
|
Tennessee
|
Texas
|
Utah
|
Vermont
|
Virginia
|
Washington
|
West Virginia
|
Wisconsin
|
Wyoming
|
|