ILCS » Chapter 415 · Act 5
Illinois Compiled Statutes

415 ILCS 5/3.395 (2026)

Release

✓ current as of May 2026
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(415 ILCS 5/3.395) (was 415 ILCS 5/3.33)
    Sec. 3.395. Release. "Release" means any spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, leaching, dumping, or disposing into the environment, but excludes (a) any release which results in exposure to persons solely within a workplace, with respect to a claim which such persons may assert against the employer of such persons; (b) emissions from the engine exhaust of a motor vehicle, rolling stock, aircraft, vessel, or pipeline pumping station engine; (c) release of source, byproduct, or special nuclear material from a nuclear incident, as those terms are defined in the Atomic Energy Act of 1954, if such release is subject to requirements with respect to financial protection established by the Nuclear Regulatory Commission under Section 170 of such Act; and (d) the normal application of fertilizer.
(Source: P.A. 92-574, eff. 6-26-02.)

    
Notes of Decisions
Cited in 2 cases, 2015–2015 · leading case: Motorola Solutions, Inc. v. Zurich Ins. Co., 2015 IL App (1st) 131529 (Ill. App. Ct. 2015).
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Motorola Solutions, Inc. v. Zurich Ins. Co., 2015 IL App (1st) 131529 (Ill. App. Ct. 2015). “ronmental Protection Agency had consistently limited its authority under the federal Clean Air Act to outdoor air and that the legislature had given the agency the authority to take action whenever hazardous substances were “ ‘release[d] into the environment’ ” but specifically…”
Motorola Solutions, Inc. v. Zurich Ins. Co., 2015 IL App (1st) 131529 (Ill. App. Ct. 2015). “’ ” (quoting 415 ILCS 5/3.395 (West 2010)). ¶ 24 The trial court found that “[t]he language used in the Releases to define environmental/toxic tort is the prototypical language used in pollution exclusions for insurance policies.”
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