Illinois Environmental Legal Questions

I am only licensed to practice law in Ohio so my answer is qualified by that limitation. In Ohio, underground storage tank systems ("USTs") are regulated by the Bureau of Underground Storage Tank Regulations ("BUSTR").   BUSTR is part of the Department of Commerce, Division of State Fire Marshal.  The BUSTR regulations are compatible with federal laws and regulations (40 CFR Part 280) that became effective on November 8, 1984 and are implemented by the various states.  The regulations define who is a "responsible party" for an UST system based on when it was taken out of service.  With regard to that determination, the following important dates must be considered. Before January 1, 1974: If an UST was last used before January 1, 1974, then BUSTR registration is not required.  However, any UST that has been out of service for more than one year must be removed from the ground or otherwise permanently closed in accordance with the Ohio Fire Code. Before November 8, 1984 but after January 1, 1974: If an UST was last used during this time period, the “owner” is the person who owned the UST system, or the property on which it was/is located, immediately before the discontinuation of its use. On or after November 8, 1984: If an UST was last used during this time period, the “owner” is the person who owns the UST system, or the property on which it is located.  If the UST was used by anyone on or after November 8, 1984 and a release has not been reported, then the property owner may be the “owner” or “operator” and subsequently liable should a release be reported after their purchase. On or before December 22, 1988: If an UST system was permanently closed prior to this date, the “owner” is not required to perform a closure assessment, unless directed to do so by the State Fire Marshal.  “Permanent closure” is generally understood to include UST removal or the removal of all liquids and accumulated sludge and filling the UST with an inert solid material (such as concrete). Based on the situation you describe in your question, your action to drill the well, which punctured the UST and caused a release, will most likely make you the “responsible party” for release reporting and any remedial action requirements imposed by the State of Illinois.  If you determine that the UST was last in service prior to November 8, 1984, you may have a private cause of action against the owner of the property or the system at the time the UST use was discontinued.  However, that will most likely not affect the State of Illinois’ right to hold you responsible. You should contact a qualified environmental attorney in the State of Illinois to provide you with guidance and potential representation is this matter.    Good luck.... Read More

I am only licensed to practice in Ohio so my comments are subject to that limitation. Your question raises several other questions that need to be answered before a complete analysis can be provided.  First, when you say the lot"was cited" do you really mean that the lot was "suspected of being used" as a dumping ground for railroad ties about 20 years ago?  How long has your church owned the lot?  Did the individuals mentioned actually participate in the waste burial or simply know about it?  Railroad ties would be considered solid waste unless they were treated with chemical preservatives to a level that qualifies them as a hazardous waste.  Do you know anything about the condition of the buried railroad ties?  Your obligation to disclose your knowledge will depend on the answers to those questions. So, I recommend that you engage a qualified environmental attorney licensed to practice law in Illinois to advise you on your affirmative reporting obligations, if any.  Such an attorney would have the capability of engaging an environmental consultant to perform some site investigation and/or sampling to confirm your suspicions, and at the same time preserve your ability using the attorney client privilege to keep the consulting firm's findings confidential....if possible. I hope this response is helpful.  Good luck.... Read More

I suggest that you contact your local county health department and the Illinois EPA first to see if they will open an investigation on the health effects to nearby residents of the farmer's use of pesticides. The difficulty in prevailing in a private lawsuit is that you will have the burden or proving that your health issues are caused by the pesticides.  This can be an expensive and difficult task, which definitely will require a medical expert on the causation issue. On the other hand, the public agencies have an obligation to undertake a reasonable investigation in response to such a citizen's complaint. Good luck. Dan... Read More