Illinois Compiled Statutes > 415 ILCS 5 – Environmental Protection Act

lawyer at desk" />

Ask a legal question, get an answer ASAP!
Click here to chat with a lawyer about your rights.

Terms Used In Illinois Compiled Statutes > 415 ILCS 5 - Environmental Protection Act

• Advice and consent : Under the Constitution, presidential nominations for executive and judicial posts take effect only when confirmed by the Senate, and international treaties become effective only when the Senate approves them by a two-thirds vote.
• Affidavit : A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
• Affirmed : In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
• Agency : means the Illinois Environmental Protection Agency. See Illinois Compiled Statutes 415 ILCS 5/19.2
• Amendment : A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
• Answer : The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
• Appeal : A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
• Appellate : About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
• Appropriation : The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
• Area background : means concentrations of regulated substances that are consistently present in the environment in the vicinity of a site that are the result of natural conditions or human activities, and not the result solely of releases at the site. See Illinois Compiled Statutes 415 ILCS 5/58.2
• Arrest : Taking physical custody of a person by lawful authority.
• Audit : means a systematic inspection or examination of plans, reports, records, or documents to determine the completeness and accuracy of the data and conclusions contained therein. See Illinois Compiled Statutes 415 ILCS 5/57.2
• Bankruptcy : Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
• Baseline : Projection of the receipts, outlays, and other budget amounts that would ensue in the future without any change in existing policy. Baseline projections are used to gauge the extent to which proposed legislation, if enacted into law, would alter current spending and revenue levels.
• Bequest : Property gifted by will.
• Bodily injury : means bodily injury, sickness, or disease sustained by a person, including death at any time, resulting from a release of petroleum from an underground storage tank. See Illinois Compiled Statutes 415 ILCS 5/57.2
• brownfields : means a parcel of real property, or a portion of the parcel, that has actual or perceived contamination and an active potential for redevelopment. See Illinois Compiled Statutes 415 ILCS 5/58.2
• Carcinogen : means a contaminant that is classified as a Category A1 or A2 Carcinogen by the American Conference of Governmental Industrial Hygienists; or a Category 1 or 2A/2B Carcinogen by the World Health Organizations International Agency for Research on Cancer; or a "Human Carcinogen" or "Anticipated Human Carcinogen" by the United States Department of Health and Human Service National Toxicological Program; or a Category A or B1/B2 Carcinogen by the United States Environmental Protection Agency in Integrated Risk Information System or a Final Rule issued in a Federal Register notice by the USEPA as of the effective date of this amendatory Act of 1995. See Illinois Compiled Statutes 415 ILCS 5/58.2
• Charity : An agency, institution, or organization in existence and operating for the benefit of an indefinite number of persons and conducted for educational, religious, scientific, medical, or other beneficent purposes.
• Class III groundwater : means groundwater that meets the Class III Special Resource Groundwater criteria set forth in the Board rules adopted under the Illinois Groundwater Protection Act. See Illinois Compiled Statutes 415 ILCS 5/58.2
• Common law : The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
• Complaint : A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Construction : means any one or more of the following which is undertaken for a public purpose: preliminary planning to determine the feasibility of the treatment works or public water supply, engineering, architectural, legal, fiscal or economic investigations or studies, surveys, designs, plans, working drawings, specifications, procedures or other necessary actions, erection, building, acquisition, alteration, remodeling, improvement or extension of treatment works or public water supplies, or the inspection or supervision of any of the foregoing items. See Illinois Compiled Statutes 415 ILCS 5/19.2
• Conviction : A judgement of guilt against a criminal defendant.
• Corrective action : means activities associated with compliance with the provisions of Sections 57. See Illinois Compiled Statutes 415 ILCS 5/57.2
• Damages : Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• decree : is synonymous with the word "judgment". See Illinois Compiled Statutes 5 ILCS 70/1.24
• Deed : The legal instrument used to transfer title in real property from one person to another.
• Defendant : In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
• Dependent : A person dependent for support upon another.
• Deposition : An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial.
• Discovery : Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
• Docket : A log containing brief entries of court proceedings.
• Equitable : Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
• Escheat : Reversion of real or personal property to the state when 1) a person dies without leaving a will and has no heirs, or 2) when the property (such as a bank account) has been inactive for a certain period of time. Source: OCC
• Escrow : Money given to a third party to be held for payment until certain conditions are met.
• Ex officio : Literally, by virtue of one's office.
• Executor : A male person named in a will to carry out the decedent
• Fiduciary : A trustee, executor, or administrator.
• Fill material : means non-native or disturbed materials used to bed and backfill around an underground storage tank. See Illinois Compiled Statutes 415 ILCS 5/57.2
• Fiscal year : The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
• Fixed Rate : Having a "fixed" rate means that the APR doesn't change based on fluctuations of some external rate (such as the "Prime Rate"). In other words, a fixed rate is a rate that is not a variable rate. A fixed APR can change over time, in several circumstances:
  • You are late making a payment or commit some other default, triggering an increase to a penalty rate
  • The bank changes the terms of your account and you do not reject the change.
  • The rate expires (if the rate was fixed for only a certain period of time).

  Illinois Commerce Commission regulation and operating as a separate and distinct water utility;

  (2) a not-for-profit water corporation, if operating

  specifically as a water utility; and

  (3) a mutually owned or cooperatively owned community