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Brownfield cleanup tax credit passes Illinois Senate (SB 3212)

29 Mar

The Illinois Senate has passed Senate Bill 3212 and the bill has now moved to the House.  SB 3212 creates a state income tax credit for projects in the IEPA’s Site Remediation Program which are approved by local authorities and will “create at least 10 new jobs, retain 25 jobs, or a combination thereof.”  75% of the credit can be taken in the year the credit is initially approved and the remaining 25% can be taken once a No Further Remediation (NFR) letter is received, although the Department of Commerce and Economic Opportunity will have the authority to withhold the remaining 25% until the required jobs are created and documented.  Parties responsible for the pollution are not allowed to receive the income tax credit.

Senate Bill 3212

If you have any questions regarding SB 3212 and brownfield remediation, contact us at 773-609-5320, [email protected], or through our web contact form.

Disclaimer: This article cannot, and does not, create any attorney/client or consultant/client relationship.

RE-Powering America: EPA’s guidance on the use of contaminated properties for renewable energy development

20 Jul

Under the RE-Powering America’s Land: Siting Renewable Energy on Potentially Contaminated Land and Mine Sites Initiative, the EPA intends to take some of the ambiguity out of the redevelopment of contaminated properties for use as utility-scale renewable generation facilities. EPA’s guidance Siting Renewable Energy on Contaminated Properties: Addressing Liability Concerns provides important information on how to limit potential liability when entering into a lease contract. Several of the key takeaways are as follows: (more…)

Stephen Thorn appointed to ISBA Environmental Section Council

18 Jun

Stephen Thorn has been appointed to the Environmental Law Section Council of the Illinois State Bar Association.  The Council evaluates and makes recommendations regarding existing and proposed legislation and regulations in the environmental law field.  The Council also monitors developments in the environmental law field and disseminates relevant information to other attorneys and business, industrial, government, and agricultural interests.

If you have any questions regarding the Council, contact us at 773-609-5320 or [email protected], or through our web contact form.

Disclaimer: This article cannot, and does not, create any attorney/client or consultant/client relationship.

EPA Announces Renewed Focus on Environmental Justice

1 Apr

EPA Administrator Lisa Jackson announced environmental justice as one the agency’s priorities for 2010.  EPA intends to focus its outreach to communities that have been historically underrepresented and on protecting subpopulations that are particularly at risk, like children.  EPA recently published interim guidance on evaluating whether a project raises environmental justice issues and recently announced Plan EJ 2014, a agency roadmap for evaluating environmental justice considerations, scheduled to go into effect on the 20th anniversary of the original executive order (Executive order 12898 (Feb. 11, 1994)).  According to the EPA, (more…)

The Illinois Drycleaner Environmental Response Trust Fund

30 Mar

Most drycleaners use chlorine or hydro-carbon based solvents to clean clothes.  The most common solvent used is tetrachlroethylene (TCE) otherwise known as perchloroethylene (PCE or perc).  Unfortunately, these solvents often contaminate the surrounding soil and groundwater.  Due to the expense of these clean-ups and the relatively limited funds of the owners or operators, Illinois established the Illinois Drycleaner Environmental Response Trust Fund (Fund).  The Fund is financed through license fees, insurance premiums and solvent taxes. (more…)

Using the “contained-in” policy to lower brownfield remediation costs.

30 Mar

Often the cost of disposing soil contaminated with hazardous waste precludes removal actions at brownfield sites.  As a result, many otherwise suitable brownfield sites with low levels of soil contamination were passed over in favor of developing greenfields.  In order to rectify this negative incentive to redevelop brownfields, the EPA created the ”contained in” policy, which has subsequently been implemented in many states including Illinois.   Once a developer has received a “contained-in” determination the contaminated soil may be disposed of in a non-hazardous landfill.  It has been estimated that a “contained-in” determination can lower disposal fees by one third to one half. (more…)