ELECTRONIC

FILING,

RECEIVED,

CLERK’S OFFICE, AUGUST

3, 2005

5****

PC #5

~n,r’~jS enr

it~c~J

Woodkwn.

62898

tar

free

800.3/2.8746

phone

~5.24

f~~x

618

735.2007

www.

unitedscience.

corn

August 2,2005

Ms. Marie Tipsord

Illinois Pollution Control

Board

100

West Randolph, Suite

11-500

Chicago, illinois 60601

Re:

Rulemakings R04-22

and R04-23

Dear Ms. Tipsord:

Please find

attached

the

red-line

version of USFs proposed

modifications to Subpart

you

requested at the

July

27n11

hearing.

The attached red-line version is consistent

with the version of

Subpart H

provided

to you

the hearing on

July

27th

with the following exceptions:

A number of grammatical and typographical errors have been corrected.

A definition has been

added to Section

734.115 for “Alternative Expedited Unit

Rate”

The provisions of Section

734.630 (aaa) have been modified

so that the provisions of that

subparagraph are consistent

with the proposed modifications

to Subpart H.

The reference to Appendix Fi in the

first paragraph of Section

734.860 has been modified

to clarify

that Section

734.860 pertains to only those Products

and Services listed in

Sections 734.810 through

734.840.

The Bill Method Table in Appendix F relating to Drilling, Well Installation

and Well

Abandonment has been

modified to clarify the Unit of Measure for each Service.

The tables in Appendix

F relating to the conventional remediation services

have

been

modified to clarify

the

Bill

Method

and Unit of Measure for each service listed.

The narrative provided in Appendix F relating to professional oversight

of Asphalt

and

Paving Services mistakenly referred to “tank removal

or abandonment”.

That mistake

has been corrected.

Should

you

have any questions or comments, please do

not hesitate to contact me.

Sincerely,

c~~~ted~p.tdustries.

Inc.

President

ELECTRONIC

FILING,

RECEIVED, CLERKS OFFICE, AUGUST

3, 2005

TITLE

35:

ENVIRONMENTAL

PROTECTION

OR! G/NA I

SUBTITLE 0:

WASTE DISPOSAL

CHAPTER

POLLUTION

CONTROL BOARD

SUBCHAPTER

UNDERGROUND

INJECTION

CONTROL

AND

UNDERGROUND

STORAGE

TANK PROGRAMS

PART 734

PETROLEUM

UNDERGROUND

STORAGE TANKS

(RELEASES REPORTED

ON OR AFTER JUNE 24, 2002)

SUBPART

GENERAL

Section

734.100

Applicability

734.105

Election to Proceed under Part

734

734.110

Severability

734.115

Definitions

734.120

Incorporations

by Reference

734.125

Agency Authority to Initiate

Investigative,

Preventive,

or Corrective

Action

734.130

Licensed

Professional Engineer

or Licensed Professional Gcologist..Supervision

734.135

Form

and Delivery of Plans,

Budgets, and

Reports; Signatures and

Certifications

734. 140

Development

of Remediation

Objectives

734.145

Notification of Field Activities

734.150

LUST

Advisory Committee

SUBPART

EARLY ACTION

Section

734.200

General

734.205

Agency Authority to Initiate

734.2 10

Early Action

734.215

Free Product

Removal

734.220

Application

for Payment of Early Action Costs

SUBPART

SITE INVESTIGATION

AND

CORRECTIVE ACTION

Section

734.300

General

734.305

Agency Authority to Initiate

.734.310

Site Investigation

—

General

734.3 15

Stage

Site Investigation

734.320

Stage

2 Site

Investigation

734.325

Stage

3 Site Investigation

734.330

Site Investigation Completion Report

734.335

Corrective Action Plan

734.340

Alternative Technologies

734.345

Corrective Action Completion Report

ELECTRONIC

FILING,

RECEIVEb,

CLERK’S OFFICE,RUUUbI

734.350

Off-site Access

734.355

Status Report

SUBPART

MISCELLANEOUS

PROVISIONS

Section

734.400

General

734.405

Indicator Contaminants

734.4 10

Rernediation Objectives

734.415

Data Quality

734.420

Laboratory Certification

734.425

Soil Borings

734,430

Monitoring Well Construction and Sampling

734.435

Sealing

of Soil Borings and Groundwater Monitoring

Wells

734.440

Site Map Requirements

734.445

Water Supply Well

Survey

734.450

Deferred Site Investigation

or Corrective

Action;

Priority List for Payment

SUBPART

E: REVIEW OF PLANS,

BUDGETS, AND REPORTS

Section

734.500

General

734.505

Review of Plans, Budgets,

or Reports

734.5 ID

Standards for Review of Plans. Budgets,

or Reports

SUBPART F: PAYMENT

FROM

THE

FUND

Section

734.600

General

734.605

Applications for Payment

734.6 10

Review of Applications

for Payment

734.6 15

Authorization

for Payment; Priority List

734.620

Limitations

Total Payments

734.625

Eligible Corrective Action Costs

734.630

Ineligible Corrective Action

Costs

734.635

Payment for Handling Charges

734.640

Apportionment

of Costs

734.645

Subrogation of Rights

734.650

Indemnification

734.655

Costs Covered by

Insurance, Agreement, or Court Order

734.660

Determination

and Collection of Excess Payments

734.665

Audits

and Access to Records;

Records Retention

ELECTRONIC

FILING,

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CLERK’S OFFICE, AUGUST 3, 2005

SUBPART 0:

NO FURTHER REMEDIATION

LETTERS

AND RECORDING REQUREMENTS

Section

734.700

General

734.705

Issuance

of a No Further Remediation Letter

734.7 10

Contents of a No Further Remediation Letter

734.715

Duty to Record a No Further Remediation Letter

734.720

Voidance of a No Further Remediation Letter

SUBPART H:

EXPEDITED UNIT RATES & MAXIMUM UNIT_RATES PM.~~NiIJ

4O14Nf~

Section

734.800

Applicability

734.805

General

734.8 10

UST Removal or Abandonment ceM&-Serviccs

734.815

Free Product or

Groundwater Removal

and Disposal Services

734.820

Drilling, Well Installation, and Well Abandonment Services

734.825

Soil Removal and Disposal Services

734.830

Drum Disposal Services

734.835

Concrete and Asphalt

Paving Services Sample-Mantfl4ng-anthAiiely&:

734.840

Analytical

& Testine ServicesCone~erMpha1h-aftdPai~-Desrnc4~w

Reeeth-Ah+~C~+ude Structures

734.845

Professional Consulting Services

734~47

Mileage, Lo4gjpg & Per

Diems

734.850

Field Services-Payment

on Time and Materials Basis

734.855

çc~etiti~e

Bidding

734.860

Cost Justification

734.862

Unusual or Extraordinary Circumstances

734.865

~~j~linChar’es,Ufiusuul

o~E*tiaordinary

Circ-umMances

734.870

Increase

in Expediled

Unit Rates Maximum

Payment Amounts

734.875

Agency Review of Payment-Ame&ts Standardized Tasks

734.APPENDIX A Indicator Contaminants

734.APPENDIX B Additional Parameters

734.APPENDIX C Backfill

Volumes

734.APPENDIX D Standard Task List Sample Handling and Analysis

734.APPENDIX E Schedule of Standard Products & Services

Personnel—TitIe& and Rates

734.APPENDIX P Scope of Services

& Reasonable Qu~piit Gui4~pççfor Standard Products &

Services Listed in Appendix E

AUTHORITY: Implementing Sections 22.12 and

57 -57.17

and authorized by Sections

5,22,

27, and 57.14A of the Environmental

Protection Act 415

ILCS

5/5,

22, 22.12. 27, and 57-

ELECTRONIC

FILING,

RECEIVED,

CLERK’S OFFICE,

AUGUST 3,

2005

57.

17J

SOURCE:

Adopted in

R at Ill. Reg.

effective.

NOTE:

Italics denotes statutory language.

SUBPART A:

GENERAL

Section 734.100 Applicability

This Part applies to owners or

operators of any underground storage tank system

used to

contain petroleum and for which a release is reported to

Illinois

Emergency Management Agency (IEMA) on or after the effective date of these

rules

in accordance with Office of State Fire Marshal

(OSFM) regulations.

does

not apply to owners or operators of sites for which the OSFM does not

require a report to IEMA or for which the OSFM has issued or intends to issue a

certificate of removal

or abandonment

pursuant to Section

57.5

of the

Act 415

ILCS 5/57.5J.

For releases reported on or after June 24, 2002, hut prior to the effective

date of these rules, and for owners and operators electing prior to the

effective date of these rules to proceed in accordance with Title XVI of the

Act as amended by PA.

92-0554,

the Agency may deem that one or more

requirements of this Part have been

satisfied, based

upon activities

conducted prior to the effective date of these rules, even

though the

activities were not conducted in strict accordance with the requirements of

this Part.

For example,

an owner or operator that

adequately defined the

extent of on-site contamination prior to the effective date of these rules

may be deemed to have satisfied Sections 734.210(h) and 734.3 15 even

though sampling was not conducted

in strict accordance with those

Sections.

Costs incurred pursuant to a budget approved prior to

the effective date of

these rules

must be reimbursed in

accordance with the amounts

approved

in the budget and must not be subject

to the maximum payment amounts

set forth in Subpart

H of this

Part.

Owners or operators of any underground storage

tank system used to

contain

petroleum and for which a release was reported to the proper State authority prior

to June 24, 2002, may elect to proceed in accordance with this Part pursuant to

Section 734.105

of this Part.

Upon the

receipt of a corrective action order issued by the OSFM on

after June

24, 2002, and pursuant to Section 57.5(g) of the Act 415

ILCS 5/57.5(g)), where

the OSFM has determined that a release poses a threat to human health or the

environment,

the owner or operator of any underground storage tank system used

to contain petroleum and taken out of operation before January 2,

1974, or

any

ELECTRONIC FILING,

RECEIVED, CLERK’S OFFICE,

AUGUST

3, 2005

underground

storage tank system used

exclusively to store heating oil

for

consumptive use on

the

premises where stored and which serves other than a farm

or residential unit, must conduct corrective action in accordance with this Part.

Owners

or operators subject

this Part by law or

by election must proceed

expeditiously to comply with all requirements of the Act and the regulations

and

to obtain the No Further Remediation Letter signifying final disposition of the site

for purposes of this Part. The Agency may use its

authority pursuant to the Act

and Section 734.125 of this Part to expedite investigative, preventive, or

corrective action by

owner or operator or to initiate such action.

The following

underground storage

tank systems are excluded from the

requirements

of this Part:

Equipment

or machinery that contains petroleum

substances for

operational purposes, such

as hydraulic lift tanks and electrical equipment

tanks.

Any underground storage tank system whose capacity is

110 gallons or

less.

Any underground storage

tank system

that contains a de minimis

concentration of petroleum substances.

Any emergency spill or overfill containment underground storage tank

system that

is expeditiously emptied after use.

Any wastewater treatment tank system that is part of a wastewater

treatment

facility regulated under Section 402 or

307(b) of the Clean

Water Act

USC

1251

etseq. (1972)1.

Any UST system holding hazardous waste listed or identified under

Subtitle C of the Solid Waste Disposal Act 42

USC 3251

et seq.

or a

mixture

of such hazardous

waste or other regulated substances.

Section 734.105

Election to Proceed under Part 734

Owners

or operators

of any underground

storage tank system used to contain petroleum

and for which a release was reported to the proper State authority prior to June 24. 2002,

may elect to proceed in accordance with this Part by submitting to the Agency a written

statement of such election signed by the owner or operator.

Such election must be

submitted on forms prescribed and provided

by the Agency and, if specified by

the

Agency in writing,

in an electronic format.Corrective action must then follow the

requirements

of this Part.

The election must be effective upon receipt by the Agency and

must not be withdrawn

once made.

ELECTRONIC

FILING,

RECEIVED,

CLERK’S

OFFICE, AUGUST

2005

Except

as provided in Section 734.100(c) of this Part, owners or operators of

underground storage tanks

used exclusively to store heating oil for consumptive

use on the premises

where stored and that serve other than a farm or residential

unit may elect to proceed in accordance with this Part by submitting to the

Agency a written statement of such election signed by

the

owner or operator.

Such election must be submitted on

forms

prescribed and provided by the Agency

and, if specified by the Agency

in writing, in an electronic format.

Corrective

action must then follow the requirements of this Part.

The election must be

effective upon receipt by the Agency and must not

be withdrawn once made.

Owners and operators electing pursuant to this Section to proceed in accordance

with

this Part must submit with their election

a summary of the activities

conducted to date and a proposed starting point forcompliance with this Part.

The Agency must review and approve,

reject,

or modify the

submission in

accordance with

the procedures contained

in Subpart E of this Part.

The Agency

may deem a requirement of this Part

to have been met,

based upon activities

conducted prior to

an owner’s or operator’s election, even though

the activities

were not conducted in

strict accordance with

the requirement.

For example, an

owner or operator that adequately defined the extent of on-site contamination

prior to the election may be deemed

to have satisfied Sections 734.210(h)

and

734.315 even though sampling was

not conducted

in strict

accordance with those

Sections.

If the owner

or operator elects

to proceed pursuant to this Part, corrective action

costs incurred in

connection with the

release and prior to the notification of

election must be payable from

the Fund in the

same manner as was

allowable

under the law applicable to the owner or operator prior to the

notification of

election. Corrective action costs incurred after the notification of election must be

payable from the Fund

in accordance with this Part.

This Section

does not

apply to any release for which the Agency has

issued a No

Further Remediation Letter.

Section 734.110 Severability

If any provision of this Part or

its application to any person

or under any circumstances

adjudged

invalid, such adjudication must not affect the validity of this Part as a whole or of any

portion not adjudged invalid.

Section 734.115 Definitions

Except

as stated in this Section,

or unless a different meaning of a word or term

is clear from the

context,

the

definitions of words or terms

in this Part must be the same as those applied to the

same words or terms in

the Environmental Protection Act 1415

ILCS 5.

“Act” means

the Environmental Protection Act

415

ILCS 5.

ELECTRONIC

FILING,

RECEIVED,

CLERK’S OFFICE,

AUGUST 3,

2005

“Agency”

nieans the Illinois

Environmental Protection

Agency.

“Alternative Expedited

Unit Rate:

A unit rate that is

approved by the Agency

pursuant to the provisions of suhpar~g~h

(a) of Section 734.805.

The three

types of Alternative Expedited Unit

Ratcs are Justified

Unit

Rates,

Bid Unit

Rates,

Extraordinary Unit

Rates.

An Alternative Expedited

Unit

Rate shall he

considered reasonable for

purposes of reimbursement.

“Alternative Technology” means a process

or technique, other than conventional

technology,

used to perform a corrective action with respect to soils contaminated

by releases of petroleum from an

underground storagc tank.

“Bid Unit

Ratc”

The lowest hid

price per

Unit

of Meastire for a Product or

Seivice that is obtained via competitive bidding pursuant to Section 7343.855.

The price may he more than the

Maximum Unit

Rate.

ifthe Bid Unit Rate

more than the Expedited Unit

Rate

or the Maximum Unit Rate

the

Bid

Unit

Rate

shall he presutned

reasonable forpnrposes of reimbursement.

If the

Bid Unit

Rate

is less

than

the Expedited Unit Rate the work

may he

performed for the Expedited

Unit

Rate and

the Expedited

Unit Rate

shall he

presumed reasonable for purposes

of reimbursement.

“Billing Method”

The Agency-accepted method tbr pricing a Standard Product

Service.

The~ççetable Billing Methods for Standard Products and Services

provided in Appendix

are: “unit

price” and “time and materials”.

“Board” means the

Illinois Pollution

Control Board.

“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 415

ILCS

5/57.21.

“Community water supply” means a public water supply which serves or

intended to serve at least

15 service connections used

by residents or regularly

serves

at least

25 residents 415

ILCS

5/3.145.

“Confirmation of a release”

means the confirmation of a release of petroleum in

accordance with regulations promulgated by the Office of the State Fire Marshal

at 41111. Adm. Code

170.

“Confirmed Release” means a release of petroleum that has been confirmed in

accordance with regulations promulgated by the Office of the State Fire Marshal

at 41111.

Adm. Code

170.

“Conventional Technology”

means a process

or technique to perform a corrective

action by removal, transportation, and disposal of soils contaminated by a release

ELECTRONIC

FILING,

RECEIVED,

CLERK’S OFFICE, AUGUST

3, 2005

of petroleum from an

underground storage tank in accordance with applicable

laws and regulations, hut without processing to remove petroleum from the soils.

“Corrective action”

means activities associated

with compliance

with the

provisions of Sections

57.6 and 57.7 of the Act

1415

ILCS 5/57.2.

“County highway” means

county highway as defined in the Illinois

Highway

Code 605

ILCS 5J.

“District road” means district road as defined in the Illinois Highway Code

605

ILCS

“Environmental

Land Use Control” means

Environmental Land Use Control as

defined in 35

Ill. Adm. Code 742.200.

“Expedited Unit Rate”

The

rate/price per unit

of measure of

a Product

or Service

published

in Appendix

E of this Part.

For

purposes

of administering

and making

payments from

the

Fund, the Agency

shall presume

that a unit price for a Product

or Service less

than or equal to the Expedited

Unit Price

reasonable.

“Extended Cost”

The product of the Expedited

Unit

Rate

or allowable Maximum

Unit Rate for a Standard Product

or Service multiplied

by the

Reasonable

Quantity.

“Extraordinary Unit

Rate”:

A unit rate for a Product

Service that

is approved

pursuant to the provisions of Section 734,862

“Federal

Landholding

Entity” means that

federal department, agency, or

instmmentality with the authority to occupy

and control the day-to-day use,

operation, and management of Federally Owned Property.

“Federally

Owned Property” means real property owned in fee

simple by the

United States on

which an institutional control

or institutional controls are

sought to be placed in accordance with this Part.

“Fill

material” means non-native

or disturbed materials used to bed and backfill

around an underground

storage

tank

1415 ILCS 5/57.2.

“Financial

interest” means any ownership interest, legal

or beneficial, or being in

the relationship of director, officer, employee, or other active participant in the

affairs of a party.

Financial interest does not include ownership of publicly traded

stock.

“Free Product”

means

a contaminant that is present as

a non-aqueous phase liquid

for chemicals whose melting point is less than 30°C (e.g., liquid not dissolved in

water).

ELECTRONIC

FILING,

RECEIVED,

CLERK’S OFFICE, AUGUST 3, 2005

“Full Accounting”

means a compilation of documentation

to establish,

substantiate, and justify the nature

and extent of the corrective action costs

incurred by an

owner or operator.

“Fund” means the Underground Storage Tank Fund

415

ILCS 5/57.2.

“GIS” means Geographic Information System.

“GPS” means Global Positioning System.

“Groundwater” means underground

water which occurs within the saturated

zone and geologic materials where

the fluid pressure in the pore space

is equal to

or greater than atmospheric pressure 1415

ILCS

5/3.210.

“Half-day” means four hours,

or a fraction thereof, of billable work time.

Half-

days must be based

upon the total number of hours worked in one calendar

day.

The total number of half-days per calendar day may exceed

two.

“Handling Charges” means administrative, insurance, and interest

costs and a

reasonable profit for procurement, oversight, and payment of subcontracts and

field purchases.

“Heating oil” means

petroleum that is No.

1, No.

No.4-light, No.4 -heavy,

No.

-light,

No.

-heavy or No. 6 technical grades of fuel oil;

and other residual

fuel

oils including

navy special

fuel oil and bunker c

415

ILCS 5/57.2.

“Highway authority”

means the Illinois Department of Transportation with

respect to a State highway; the Illinois State Toll

Highway Authority with respect

to a toll highway; the county board with respect to a county highway or a county

unit district road if a discretionary function is

involved and the county

superintendent of highways if a ministerial function is involved; the highway

commissioner with respect to a township or district road not in a county or unit

road district; or the corporate authorities of a municipality with respect to a

municipal street 605

ILCS 5/2-213j.

“Highway Authority Agreement” means an agreement

with a highway authority

that meets the requirements of 35

Ill. Adm.

Code 742.1020.

“TEMA” means

the Illinois Emergency Management Agency.

“lndenmification”

means

indemnification of an owner or operator for the amount

.pfjudgment entered against

the owner or operator

in a court of law, for the

amount of any final order

or determination made against the owner or operator

by any agency of State government or any subdivision thereof, or for the amount

of any settlement entered

into

the owner or operator, if the judgment,

order,

determination, or settlement arises out of bodily injury or property damage

ELECTRONIC FILING,

RECEIVED, CLERK’S OFHCE, AUGUS1

~UUb

suffered

as a result of a release of petroleum from an

underground storage tank

owned

or operated by the owner or operator 415

ILCS

5/57.2.

“Indicator contaminants” means

the indicator contaminants set

forth in Section

734.405 of this

Part.

“Institutional Control” means

a legal

mechanism for imposing a restriction

land use

as described in 35

Ill.

Adm. Code 742.Subpart I.

tinit

of Measure foraProdtict

or Service that is

g~~er

than the

Expedited I Init Rate. but

less than

the Maximum

Unit Rate

hut

that is a~ç~tahj~jo~jjur

osesofreinihurscnient due to the fact

that tIle product

for

justification pursuant

to the

~sioi~sof~tion734.860.

“Land Use Control

Memorandum of Agreement” means

agreement entered

jnto

between one or more agencies of the United States

and the Illinois

Environmental

Protection Agency that limits or places requirements upon

the use

Federally Owned Property for the purpose of protecting human health or the

environment, or that is used to perfect a No Further Remediation Letter that~

contains land use restrictions.

“Licensed

Professional Engineer” means

a person,

corporation or partnership

licensed

under the

laws of the State of Illinois to practice professional engineering

415

ILCS

5/57.2).

“Licensed Professional Geologist” means a person licensed under the laws of the

State of Illinois to practice as

a professional geologist 415

ILCS 5/57.2.

“Man-made Pathway” means a constructed route that may allow for

the transport

of mobile petroleum

free-liquid or petroleum-based vapors including but not

limited to sewers, utility tines, utility vaults, building foundations, basements,

crawl spaces, drainage ditches, or previously excavated and filled areas.

“Maximum Unit Rate”

The maximum price per

unit of measure that the Agency

m~afrom

the Fund for Stapdard Products and Services Jjsted

in Appendixj~

or pursuant to the provisions

of Section 734.800

(h)

(ii).

This unit

rate is equal to

the average costs

of the

Product or Service from the

LEPA’s database, plus two

standard deviations.

The Maximum

Unit Rate

is not published

and available on a

confidential basis to the LUST Advisory Committee, the Age~c~and

the Board,

“Monitoring Well” means

a water well intended for the purpose of determining

groundwater quality or quantity.

“Natural Pathway” means

a natural route

for the transport of mobile petroleum

free-liquid

or petroleum-based vapors including but not limited to soil,

ELECTRONIC

FILING,

RECEIVED,

CLERK’S

OFACE, AUGUST 3,

2UUb

groundwater, sand seams and

lenses, and gravel

seams and

lenses.

“Non-community water

supply”

means a public water supply that is

not a

community water supply

415

ILCS 5/3.1451.

“Occurrence” means an accident, including continuous or repeated exposure to

conditions,

that results

in a sudden or nonsudden release from an

underground

storage tank

1415

ILCS 5/57.21.

“OSFM”

means the Office of the

State Fire Marshal.

“Operator” means

any person in control of, or having responsibility for,

the daily

operation of the underground storage tank.

(Derived

from 42

USC 6991)

BOARD

NOTE:

A person who voluntarily undertakes action to remove an

underground storage tank system from the ground must not

be deemed

‘operator” merely by the undertaking of such action.

“Owner” means:

the case of an underground storage tank in use on November

1984, or

_hrought into use after that date,

any person who owns an underground

storage tank used for the storage,

use, or dispensing of regulated

substances;

In the case of any underground storage tank in use before November

1984, hut

no longcr in use on that date, any person who owned

such

underground storage tank immediately before the discontinuation of

its

use.

(Derived from 42 USC 6991)

“Perfect” or “Perfected” means

recorded or filed for record

so as to place the

public on

notice, or

as otherwise provided in Sections 734.715(c) and (d) of this

Part.

“Person” means, for the purposes of interpreting the definitions of the terms

“owner” or “operator,” an individual, trust, firm, joint

stock company, joint

venture, consortium, commercial entity, corporation (including a government

corporation), partnership, association, State, municipality, commission, political

subdivision of a State, or any interstate body

and must include the United States

Government and each department, agency, and instrumentality of the United

States.

(Derived from 42 USC 6991)

“Petroleum” means

petroleum, including crude oil or any fraction thereof which is

liquid at standard conditions of temperature and pressure (60°Fand

14.7 pounds

per square inch absolute).

(Derived from 42

USC 6991)

ELECTRONIC FILING,

RECEIVED, CLERKS OFFICE,

AUGUST

2005

‘‘Phase of Work

The s~gfljj

want testes

ol work

to ~çç~flfl letedj?ursuant to

this Part.

Ehese

at-c the_

rl’AcuonPha5e,theSite

Investigation Phase and the

(:orrecnve Action Phase,

“Potable” means

generally fit for human consumption in accordance with

acccptcd water supply

principles and practices 415

ILCS

5/3.340J.

“Practical quantitation

limit” (“PQL”) means the lowest concentration that can

reliably measured within specified limits of precision and accuracy for a specific

aboratory analytical method during routine laboratory operating conditions in

accordance with

“Test

Methods for Evaluating Solid Wastes,

Physical/Chemical

Methods,”

EPA Publication

No. SW-846, incorporated by reference at Section

734.120 of this Part. For filtered water samples, PQL also means

the Method

Detection

Limit or Estimated Detection Limit in accordance with the applicable

method revision in:

“Methods for the Determination of Metals in Environmental

Samples,” EPA Publication

No.

EPA/600/4-91/010;

“Methods

for the

Determination of Metals

in Environmental Samples. Supplement

I,” EPA

~ublication

No. EPAI600IR-94/l Ii;

“Methods for the Determination

of Organic

Compounds in Drinking Water,”

EPA Publication

No.

EPA/600/4-88/039;

“Methods for the Determination of Organic Compounds in Drinking Water,

Supplement II,” EPA

Publication

No.

EPAJ600/R-92/129; or “Methods for the

Determination of Organic Compounds

in Drinking Water, Supplement

ill,” EPA

Publication

No. EPAI600/R-95/l 31, all of which

are incorporated by reference at

Section 734.120 of this Part.

“Property damage” means physical injury

to, destruction of, or contamination of

tangible property owned by a person other than an owner or operatorof the UST

from which a release of petroleum has occurred and which tangible property

located off the

site where

the release occurred.

Property damage includes all

yesulting loss of use of that propcrty;

or loss of use of tangible

property that is not

physically injured, destroyed or contaminated,

but has been evacuated,withdrawn

from use, or rendered

inaccessible because of arelease of petroleum from an

underground storage tank ~415 ILCS 5/57.21.

“Public water supply” means

all mains, pipes and structures

through which water

is obtained and distributed to the public, including wells and well structures,

intakes and cribs,

pumping stations, treatment plants, reservoirs, storage tanks

and appurtenances,

collectively or severally, actually used

or intended for use for

the purpose of furnishing water for drinking or general domestic use and which

serve at least

15 service connections or which regularly serve at least 25 persons

at least

60 days per

year. A public water supply

is either a “community water

supply” or

a “non-community water supply” 415

ILCS

5/3.365.

“Reasonable Quaiitity’~’fhe

number of Units of Measure of a Standard

Product

Service that are considered to he reasonable

relation to the

pcrforrnance of a

particular Task per

the

provisions of 734.805

ELECTRONIC

FILING,

RECEIVED,

CLERICS

OFFICE, AUGUS

zuuu

--d

“Registration” means registration of an underground storage tank with the

OSFM

in accordance with Section 4 of the Gasoline Storage Act 430

ILCS

15/4.

“Regulated recharge area”

means a compact geographic area,

as determined

the

Board, 35

III.

Adm. Code Suhlitle F) the geology of which renders a potable

resource groundwater particularly susceptible to contamination

415

ILCS

5/3.390).

“Regulated Substance”

means any substance defined in Section

101(14) of the

Comprehensive

Environmental Response, Compensation, and Liability Act of

1980142 USC 9601(14)

(hut not

including any substance regulated as

hazardous waste under subtitle

of the Resource Conservation

and Recovery

Act

142 USC 6921

et seq.),

and petroleum.

(Derived from 42 USC 6991)

“Release” means any spilling, leaking, emitting, discharging, escaping, leaching,

or disposing of petroleum from an underground storage tank into groundwater,

surface water or subsurface soils 415

ILCS

5/57.2.

“Residential Tank” means an underground

storage tank located on property used

primarily for dwelling purposes.

“Residential Unit” means a structure used

primarily for dwelling purposes

including multi-unit dwellings such as apartment buildings, condominiums,

cooperatives, or dormitories.

“Right-of-way”

meaiis the land, or interest

therein, acquired for or devoted to a

highway

605

ILCS 5/2-217.

“Setback Zone” means a geographic

area, designated pursuant to the

Act j415

ILCS

5/14.1,

5/14.2,

5/14.3

or regulations l3~III.

Admn.

Code

Subtitle F),

sontaining a potable water supply well or a potential source or potential route,

having a continuous boundary, and within

which certain prohibitions or

,yegulations

are applicable

in order to protect groundwater 415

ILCS 5/3.450).

“Site” means any single location, place, tract of land or parcel of property

including contiguous property not separated by a public right-of-way

415

ILCS

5/57.2.

“Standard Products

and Services”

The standardized environmental products and

services

that may be necessa~yp~

a Task by Task basis in order to comply with

thI~irovisions

of this Part.

Standard

Products and Services are listed

in Appendix

~Ap~od~tcigr

service

not

listed in Appendix E may be approved as

a Standard

Product or Service

011

a site- specific basis pursuant to the

provisions o~4.800

(a) (ii).

I Also referred to as

“Products and Services”I

ELECTRONIC FILING,

RECEIVED,

CLERK’S OFFICE,

RUUtJ51

“Siandtrd,iecfaskAnindividtjal

work acflV4)J~i4

may he required

to be

the provi~ol)~ofAifls

Part

Standardized task

are published

in Appendix D of this

Part. jAlso referred to as Taskl.

“State highway” means state highway as defined in

the Illinois

Highway Code

605

ILCS 5.

“Street”

means

street as defined

in the Illinois Highway Code 605

ILCS

5).

“Surface Body of Water”

or “Surface Water Body”

means a natural or man-made

body of water on the ground surface including but

not

limited to lakes, ponds,

reservoirs, retention ponds, rivers, streams, creeks, and drainage ditches.

Surface

hody of water does

not include puddles

or other accumulations of precipitation,

run-off, or groundwater in

UST excavations.

“Toll highway”

means toll highway as defined in the Toll Highway Act, 605

ILCS

10.

“Township road” means

township road as defined

in the Illinois

Highway Code

605

JLCS

5J,

“Underground Storage Tank” or

“UST”

means any one or combination of tanks

(including underground pipes connected thereto)

which is used to contain an

accumulation of regulated substances, and the volume of which (including the

volume of underground pipes

connected thereto)

10 per centum or

moi’e

beneath

the surface

of the ground.

Such term does not

include any of the

following

or any pipes connected thereto:

Farm or residential tank of

1,100 gallons or less capacity used for storing

motor fuel for noncommercial purposes;

Septic tank;

Pipeline facility (including gathering lines) regulated under the Natural

Gas Pipeline Safety Act of

1968

USC

App.

1671 et seq.,

or the

Hazardous Liquid Pipeline Safety Act of 1979 I~9

USC App. 2001

seq.), or which is

an intrastate pipeline facility regulated under State laws

as provided in either of these provisions of law, and that is

determined by

the Secretary of Energy to be connected to apipeline or to be operated or

intended to be capable of operating at pipeline pressure or

as an integral

part of a pipeline;

Surface impoundment, pit.

pond, or

lagoon;

Storm water or waste water collection system;

ELECTRONIC

FtLING, RECEIVED,

CLERKS

1.’UOI

Flow-through process tank;

Liquid trap

or associated gathering lines directly related to

oil or gas

production and gathering operations; or

Storage tank situated in an

underground area (such as a basement,

cellar,

mineworking,

drift, shaft,

tunnel) if the storage tank is

situated

on or

above the surface of the floor.

(Derived

from 42 USC

§ 6991)

The term “underground storage tank”

shall also mean an

underground

storage tank used

exclusively to store heating oil

for consumptive use on

the premises where stored and which serves other than a farm or

residential unit

1415

ILCS 5/57.2.

~its~isisfor

pricing a prodijcsjr service.

Examples

include,

but

are not

limited

‘‘gallon’’,

‘‘hour’’. “cubic

yard’’.

“UST system” or “tank system”

means

an underground storage tank, connected

underground piping,

underground ancillary equipment, and containment system,

any.

“Wellhead Protection Area” means the wellhead protection area of a community

water supply well as determined under the Agency’s

welihead protection program

pursuant to 42

USC

§ 300h-7.

Section 734.120

Ineorporations by Reference

The Board incorporates the following material

reference:

ASTM.

American Society for Testing

and Materiats,

100 Barr Harbor Drive,

P.O.

Box C700, West

Conshohocken, PA 19428-2959

(610) 832-9585

ASTM D 2487-93,

Standard Test Method for Classification of Soils for

Engineering Purposes,

approved September

15,

1993.

NTIS.

National Technical Information Service, 5285

Port Royal Road,

Springfield,

VA 22161

(703) 605-6000

or (800)

553-6847

“Methods for the Determination of Metals in Environmental Samples.”

EPA Publication No. EPAI600/4-91/01O (June

1991);

“Methods for the Determination of Metals in Environmental

Samples,

Supplement I,” EPA Publication

No. EPA/6001R-94/1 11

(May

1994);

LLEU

RONIC

FlUNG,

RECEIVED

CLERK’S

OFFICE,

AUGUST 3,

2005

“Methods

for the Determination of Organic Compounds

in Drinking

Water,” EPA Publication

No. EPAJ600/4-88/039 (December

1988)

(revised

July 1991);

“Methods

for the Determination of Organic Compounds

in Drinking

Water,

Supplement

11,” EPA Publication

No. EPAI600IR-92/129 (August

1992);

“Methods for the Determination of Organic Compounds

Drinking

Water, Supplement

111,” EPA Publication

No. EPA/600/R-95/131

(August

1995);

“Test Methods for Evaluating

Solid Wastes, Physical/Chemical

Methods,”

EPA Publication

No.

SW-846, Third Edition (September 1986),

amended

by tJpdates

1, hA,

III, and lilA (Final Update

lILA dated April

1998),

Doc.

No. 955-001-00000-1.

This Section incorporates no later editions or amendments.

Section 734.125

Agency Authority

to Initiate Investigative, Preventive,

or Corrective

Action

The

Agency

has the

authority to do either ofthe following:

Provide notice to the owner or operator.

or both,

of an underground

storage tank

whenever there is a release or substantial threat of a re/cave

of petroleum from such

tank

Such notice shall include the idenittied

investigation or response action and an opportunityfor the owner or

operator, or both,

to perform the response action.

Undertake investigative,

preventive or corrective action whenever there is

release ora substantial threat ofa release of petroleum from

underground storage tank

415

ILCS 5/57.12(e).

if notice has

been provided under this Section,

the Agency has the authority to

require the owner or operator, or both, ofan underground storage tank to

undertake preventive orcorrective action

whenever there is a release or

substantial threat of a release ofpetroleum from

such tank

415

TLCS

5/57.12(d).

Section 734.130

Licensed Professional Engineer or Licensed Professional Geologist

Supervision

ELECTRONIC

FILING,

RECEIVED,

CLERK’S

OFFICE,

AUGUST 3,

2005

All investigations, plans, budgets, and reports conducted or prepared under this Part, excluding

Corrective Action Completion Reports submitted pursuant to Section 734.345 of this Part, must

conducted or prepared under the supervision of a Licensed Professional

Engineer or Licensed

Professional Geologist.

Corrective Action Completion Reports submitted pursuant to Section

734.345 of this Part

must be prepared under

the

supervision of a Licensed Professional Engineer.

Section 734.135

Form and Delivery of Plans, Budgets,

and Reports;

Signatures and

Certifications

All plans, budgets, and reports must be submitted to the Agency on forms

prescribed

and provided

by the Agency and, ifspecified by the Agency in writing,

in an

electronic format.

All

plans, budgets, and reports must be mailed or delivered to the address

designated

the Agency.

The Agency’s record of the date of receipt must he

deemed conclusive unless a contrary date

is proven

by a dated, signed

receipt

from certified or registered mail.

All plans, budgets, and reports must be signed by the owner or operator and list

the owner’s or operator’s

full

name, address, and telephone

number.

All

plans, budgets, and reports submitted pursuant to this

Part, excluding

Corrective Action Completion Reports submitted pursuant to Section 734.345

this Part, must contain the following certification from a Licensed Professional

Engineer or Licensed Professional Geologist.

Corrective Action Completion

Reports

submitted pursuant to Section

734.345 of this Part must contain the

following certification

from a Licensed Professional Engineer.

certify under penalty of law that all activities that are the subject of this

plan, budget, or report were conducted under my supervision or were

conducted under the supervision of another Licensed Professional

Engineer or Licensed Professional

Geologist and reviewed by

me; that this

plan,

budget, or

report and all attachments

were prepared under my

supervision; that, to the best of my knowledge and belief, the work

described

the plan, budget, or report has been completed

in accordance

with the Environmental Protection Act 415

ILCS

Ill. Adm.

Code

734,

and generally accepted standards and practices of my profession; and

that the information presented

is accurate

and complete.

I am aware there

are significant penalties for submitting false statements

or representations

to the Agency, including but not limited to fines, imprisonment, or both as

provided in Sections 44 and 57.17 of the Environmental Protection Act

f415

ILCS 5/44 and 57.17.

Except in the case of sites subject to Section 734.715(e) or (d) of this Part, reports

documenting the completion of corrective action at a site must contain a form

ELECTRONIC

FILING,

RECEIVED,

CLERK’S

OFFICE, AUGUST 3, 20Gb

addressing site ownership.

a minimum, the form must identify the land use

limitations proposed for the site,

if land use limitations

are proposed; the site’s

common address,

legal description, andreal estate tax/parcel index number;

and

the

names and addresses of all title holders of record of the site

or any portion of

the site.

The form must also contain the following

certification, by original

signature,

of all title holders of record of the site

or any portion of the site, or the

agent(s) of such person(s):

I hereby affirm that

I have

reviewed the

attached report entitled

and dated

and that accept

the terms

and conditions set forth

therein,

including any

and

use limitations, that apply to property

own.

further affirm that

I have

no objection to the recording of a No Further

Remediation Letter containing the

terms and conditions

identified in the

report

upon

the property

I own.

Section 734.140

Development of Reniediation Objectives

The owner or operator must propose remediation

objectives for the

applicable indicator

contaminants in accordance

with 35

III. Adm. Code 742.

BOARD NOTE:

Several provisions of this Part require the owner or operator to determine

whether contamination exceeds the most stringent Tier

remediation objectives

of 35

III.

Adm.

Code 742.

Please note that these requirements do

not limit

the owner’s or operator’s

ability to

use Tier 2 or Tier

remediation objectives

in accordance with 35

UI. Adm. Code

742.

The owner or operator may developremediation

objectives at any time during site

investigation or corrective action.

Prior to developing Tier 2 or Tier

remediation objectives the owner or

operatormust propose the development of

remediation objectives in the appropriate site investigation plan or corrective

action plan.

Documentation of the development of remediation objectives must

be included as a part

of the appropriate plan or leport.

Any owner or operator intending to seek payment from the

Fund

shall, prior to the

development of Tier 2 or Tier 3

remediation objectives, propose the costs for such

activities

in the appropriate budget.

The costs

should be consistent with the

eligible and ineligible costs listed at Sections 734.625 and 734.630 of this Part

and the maximum payment amounts set forth in Subpart H of this Part.

Upon the Agency’s approval of a plan that includes the development of

remediation objectives, the owner or operator must proceed to develop

remediation objectives in accordance with the plan.

If, following the

approval of any plan or associated budget that includes the

development of rernediation objectives, an owner or operator determines

that a

revised plan or budget is necessary, the owner or operator must submit, as

ELECTRONIC

FILING,

RECEIVED, CLERKS OFFiCE,

AUt3U~

applicable, an amended plan or associated budget to the Agency

for review.

The

Agency must review and approve,

reject,

or require modification of the amended

plan or budget in

accordance with

Subpart E of this Part.

Notwithstanding any requirement under this Part for the submission of a plan or

budget that includes the development of remediation objectives, an owner or

operator may proceed to develop remediation

objectives prior to the submittal or

approval

of an otherwise required plan or budget.

However, any such plan or

budget must be submitted to the

Agency for review and approval, rejection, or

modification in accordance with the procedures contained in Subpart F of this

Part prior to receiving payment for any related costs

or the issuance of a No

Further Reniediation Letter.

BOARD NOTE:

Owners or operators proceeding under subsection (e) of this Section

are

advised that they may not be entitled

to full payment.

Furthermore, applications

for payment

must be submitted no later than one year after the date the

Agency issues a No Further

Remediation Letter.

See Subpart

F of this

Part.

Section 734.145

Notification of Field Activities

The Agency may require owners

and operators to notify the

Agency of field activities prior to the

date the field activities take place.

The notice must

include information prescribed by the

Agency, and may include, but is

not

be limited

to,

a description of

the field activities to he

conducted, the person conducting the activities, and the date,

time, and place the activities will

conducted.

The Agency may. but

is not required to, allow notification by telephone,

facsimile, or electronic mail.

This

Section does not apply to activities conducted within

days

plus

days after initial

notification to IBMA of a release, or to free product removal

activities

conducted

within 45 days plus

days after the confirmation of the presence of free product.

Section 734.150

LUST Advisory Committee

Once each calendar

quarter the Agency must meet with a LUST Advisory Committee to discuss

the Agency’s implementation of this Part, provided that the Agency or members of the

Committee raise one or more issues

for discussion.

The LUST Advisory Committee must

consist of the following individuals:

one member designated by

the

Illinois Petroleum Marketers

Association, one member designated by

the illinois Petroleum Council,

one member designated

by the American Consulting Engineers Council of Illinois, one member designated by the Illinois

Society of Professional Engineers,

one member designated by the Illinois Chapter of the

American Institute of Professional Geologists, one member designated by the Professionals of

Illinois for the Protection of the Environment, one member designated by the Illinois Association

of Environmental

Laboratories, one member designated by the illinois Environmental

Regulatory Group, one member

designated by the Office of the State Fire Marshal, and dne

member designated by the

Illinois Department of Transportation.

Members of the LUST

Advisory Committee must serve without compensation.

ELECTRONIC

FILING,

RECEIVED, CLERKS OFFICE,

AUGUSfl

2005

Section

734.2 10

Early

Action

Upon confirmation

of a release of petroleum from an

UST system in accordance

with regulations promulgated by the OSFM, the owner or operator, or both, must

perform the following initial response actions

within

24 hours after

the

release:

Report the

release to IEMA

(e.g.,

by telephone or electronic mail);

Take immediate action to prevent any further release of the regulated

substance to the environment;

and

Identify and mitigate

fire, explosion and vapor hazards.

Within 20

days after initial notification

to IEMA

of a release plus

14 days. the

owner or operator must perform the

following initial abatement measures:

Remove as

much of the petroleum from the UST system as

necessary to

prevent further release into the environment;

Visually inspect any aboveground releases or exposed below ground

releases and prevent further migration of the

released substance

into

surrounding soils and groundwater;

Continue to

monitor and mitigate any additional fire and safety hazards

posed by vapors or free product that have migrated from the UST

excavation zone and entered into subsurface structures

(such as

sewers or

basements);

Remedy hazards

posed by contaminated soils

that are

excavated or

exposed

as a result of release confirmation, site investigation, abatement

or corrective action activities.

If these remedies include treatment or

disposal of soils, the owner or operator must comply with 35

Ill. Adm.

Code 722, 724, 725, and 807 through 815;

Measure for the presence of a release where contamination

is most likely

to be present at the UST site, unless the presence and source of the release

have

been confirmed in accordance with regulations promulgated by the

OSFM.

In selecting sample types, sample locations, and measurement

methods, the owner or operator must consider the nature of the stored

substance, the type of backfill, depth to groundwater and other factors as

appropriate

for identifying the presence and source of the release; and

Investigate

to determine the possible

presence of free product, and begin

removal

of free product as

soon as practicable and in accordance

with

Section 734.2 15 of this Part.

ELECTRONIC FILING,

RECEIVED,

CLERK’S

OFFICE, AUGUST

3, 2005

Within 20 days after initial notification

to IEMA of a release plus

14 days, the

owner or

operator must submit a report to

the Agency summarizing the initial

abatement steps taken under subsection (b) of this Section

and any resulting

information or data.

Within 45

days after initial notification to IEMA of a release plus

14 days. the

owner or operator must assemble information about the site and the

nature of the

release,

including information gained while confirming the release

or completing

the

initial abatement mcasures

in subsections (a) and

(h) of

this Section.

This

information must include, but

is not limited

to, the following:

Data on the nature

and estimated quantity of release;

Data

from available sources or

site investigations

concerning the

following factors: surrounding populations, water

quality, use and

approximate locations of wells potentially affected by the release.

subsurface soil conditions, locations

of subsurface

sewers, climatologieal

conditions

and land use;

Results of the

site cheek required

at subsection

(b)(5) of this Section;

and

Results of the free product investigations required at subsection (b)(6) of

this Section, to he used

by owners or operators

to determine whether free

product

must be recovered under Section 734.2 15 of this Part.

Within 45

days

after initial notification to

IEMA of a release plus

14 days. the

owner or operator must submit to the Agency the information collected in

compliance with subsection (d) of this Section in a manner that demonstrates its

applicability and technical adequacy.

Notwithstanding any other corrective action

taken,

an owner oroperator

may,

a minimum,

and prior to submission ofany plans to 1/i.e Agency, remove the tank

system, or abandon

the

underground

storage

tank in place,

accordance with

the regulations promulgated by the Office of the State

Fire Marshal

(see 41111.

Adm. Code

160,

170,

180, 200).

The owner may

remove visibly contaminated

fill

material and any groundwater in the

excavation which exhibits a sheen.

For

purposes ofpayment of early action

costs, however, fill

material shall not be

removed in an amount

excess of4feet

from the outside dimensions

ofthe tank

415

ILCS 5/57.6(b)l.

Early action may also include disposal in accordance with

applicable regulations or ex-situ treatment of contaminated fill material removed

from within 4 feet

from the outside dimensions of the tank.

For purposes of payment from the Fund, the activities set forth in subsection

(1) of

this Section must be performed within

days after initial notification to IEMA

of a release

plus

days, unless special

circumstances, approved by the Agency

in writing, warrant continuing

such activities

beyond 45 days plus

14 days.

The

ELECTRONIC

FILING,

RECEWED,

CLERK’S OFFICE,

AUGUST

2005

owner or operator must notify the Agency

writing of such circumstances within

days after initial notification to

LEMA

of a release plus

14 days.

Costs

incurred beyond 45

days

plus

days must be

eligible if the Agency determines

that they are

consistent with early action.

BOARD NOTE:

Owners or operators seeking

payment from the Fund are to first

notify IEMA

of a suspected release and then confirm the release within

14 days to

IEMA

pursuant to regulations promulgated by the OSFM.

See 41!!!. Adm,

Code

170.560 and

170.580.

The Board

is setting the beginning of the payment period

at subsection (g) to correspond to the notification and confirmation

to IEMA.

The owner or operator must determine whether the

areas or locations of soil

contamination exposed

as a result of early action excavation (e.g.,

excavation

boundaries, piping runs) or surrounding USTs that remain in place meet the most

stringent Tier

remediation objectives of 35

III.

Adm. Code 742 for the

applicable indicator contaminants.

At a minimum,

for each liST that is renioved, the owner or operator

must

collect and analyze

soil

samples as follows.

The Agency must allow an

alternate location for, or excuse the collection of, one or

more samples if

sample collection in the

following

locations is made impracticable by

site-

specific

circumstances.

One sample must be collected from each

UST excavation wall.

The samples

must be collected from locations representative of soil

that is the most contaminated

as a result of the release,

If an area

of contamination cannot be identified

on a wall, the sample must

be collected from the center of the wall length at a point located

one-third of

the distance from the excavation floor to the ground

surface.

For walls

that exceed 20 feet in length, one sample must

be collected for each 20 feet of wall length,

or fraction thereof, and

the samples must be evenly spaced along the length of the wall.

Two samples must be collected from the excavation floor below

each liST with a volume of 1,000 gallons or more.

One sample

must be collected from the excavation floor below each UST with

a volume of less than 1.000 gallons.

The samples must be

collected from

locations representative of soil that is the most

contaminated

as a result of the release,

If areas of contamination

cannot

be identified, the samples

must be collected from below

each end of the UST if its volume

1,000 gallons or more,

and

from below

the center of the liST if its volume

is less

than

1,000

gallons.

One sample must be collected from the floor of each

20 feet of

liST piping

run

excavation, or fraction thereof.

The samples must

ELECTRONIC

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OFFTCE, AUGUST 3,

2005

be collected from a location representative of soil that is the most

contaminated

as a result of the release.

If an area of contamination

cannot be

identified

within a length of piping run excavation

being

sampled, the sample must be collected

from the center of the

length being

sampled.

For

UST piping abandoned in place,

the

samples

must be collected in accordance with subsection (h)(2)(B)

of this Section.

If backfill

is returned to the excavation,

one representative sample

of the backfill must be collected

for each

100 cubic yards

backfill

returned to the excavation.

The samples must he analyzed for the applicable indicator

contaminants.

In the case of a used oil liST, the sample that

appears to be the most contaminated

as a result of

a release from

the

used oil liST must be analyzed

accordance with Section

734.405(g) of this Part to determine the

indicator contaminants

for

used oil.

The remaining samples collected pursuant to

subsections

(h)(l)(A) and (B) of this Section must then be analyzed for the

applicable used

oil indicator contaminants.

At a minimum, for each

UST that remains in

place, the owner or operator

must collect and analyze soil samples as follows.

The

Agency must allow

an alternate location for, or excuse the

drilling of, one or more borings

drilling

in the following locations is made impracticable by site-specific

circumstances.

One boring must he drilled at the center point along each side of

each

UST, or along each side of each cluster of multiple liSTs,

remaining in place.

If a side

exceeds 20 feet in length, one boring

must be drilled for each

20 feet of side length, or fraction thereof,

and the borings

must be evenly spaced along the side.

The borings

must he drilled in the native soil surrounding the UST(s)

and as

close practicable

to, but

not more than five feet from, the backfill

material surrounding the UST(s).

Each boring must be drilled to a

depth of 30 feet below grade, or until groundwater or bedrock is

encountered, whichever is less.

Borings may be drilled below the

groundwater table ifsite specific conditions warrant, but no

than 30 feet below grade.

Two borings, one on each side of the piping, must be drilled for

every 20 feet of UST piping, or fraction thereof, that remains

place.

The borings must be drilled as close practicable

to, but not

more than

five feet from, the locations of suspected piping

releases.

If no release is suspected within a length of UST piping

being sampled, the borings must be drilled

in the center of the

ELECTRONIC

FILING,

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2005

length being sampled.

Each boring

must he drilled to a depth of

feet below

grade, or until groundwater or bedrock

is encountered,

whichever is less.

Borings may be drilled below the groundwater

table

if site specific

conditions warrant, but no more than

feet

below

grade.

For UST piping that is removed, samples must be

collected from the floor of the piping run in accordance with

subsection

(h)(I)(C) of this Section.

If auger refusal occurs during the drilling of a boring required

under subsection (h)(2)(A) or (B) of this Section, the boring must

be drilled in an alternate

location that wit! allow the boring

to be

drilled to the required depth.

The alternate

location must not be

more than five feet from the boring’s original

location.

If auger

refusal occurs during drilling of the boring in

the alternate

location,

drilling of the boring must cease and the soil

samples collected

from the location in which the boring

was drilled to the

greatest

depth must be

analyzed for the applicable indicator contaminants.

One soil sample must be collected from each five-foot interval of

each boring required under subsections (h)(2)(A) through (C) of

this Section.

Each sample must be collected from the location

within the five-foot interval that is the most contaminated

as a

result of the release.

If an area of contamination cannot be

identified within a five-foot interval, the

sample must he collected

from the center of the five-foot

interval, provided, however,

that

soil samples must not

be collected

from soil below the

groundwater table.

All

samples must be analyzed for the

applicable indicator contaminants.

If the most stringent Tier

remediation objectives of

111. Adm. Code

742 for the applicable indicator contaminants have been met, and ifnone

of the criteria

set forth in subsections (h)(4)(A) through (C) of this Section

are met,

within

days after

the completion of early action activities the

owner or operator must submit a report demonstrating compliance with

those remediation objectives.

The report must include, but not be limited

to,

the following:

A characterization of the site that demonstrates compliance with

the most stringent Tier

remediation objectives of 35

II!. Adm.

Code 742 for the applicable indicator contaminants;

Supporting documentation,

including, but

not limited

to, the

following:

ELECTRONIC

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AUGUST 3, 2005

A site map meeting the requirements of Section 734.440 of

this Part that shows the locations of all

samples collected

pursuant to this subsection

(h);

ii)

Analytical results, chain of custody forms, and laboratory

certifications for all samples collected pursuant to this

subsection (h); and

iii)

A table comparing the analytical results

of all samples

collected pursuant to this subsection (h) to the most

stringent Tier

remediation objectives

of 35

III. Adm.

Code 742 for the

applicable indicator contaminants; and

A site map containing only the information required under Section

734.440 of this Part.

If the most stringent Tier

remediation objectives of 35

III. Adm. Code

742 for the applicable indicator contaminants have not been

met, or ifone

or more of the following criteria

are met,

the owner or operator must

continue in accordance with Subpart

C of this Part:

There

is evidence that groundwater wells have been impacted by

the release above the most stringentTier

remediation objectives

111.

Adm. Code 742 for the applicable indicator contaminants

(e.g..

as found

during release confirmation or

previous corrective

action measures);

Free product

that may impact groundwater is found

to need

recovery in compliance with Section 734.2 15

of this Part; or

There is

evidence that contaminated soils may be or may have

been in contact with groundwater, unless:

The owner or operator pumps the excavation or tank cavity

dry, properly disposes of all contaminated water, and

demonstrates to the Agency that no recharge is evident

during the 24 hours following pumping; and

ii)

The Agency determines that further groundwater

investigation is not necessary.

Section 734.215

Free Product Removal

Under any circumstance in which conditions

at a site

indicate the presence of free

product, owners or operators must remove, to the maximum extent practicable.

ELECTRONIC FILING,

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2005

free product

exceeding one-eighth of an inch in depth as measured

groundwater monitoring well, or present as a sheen

on groundwater in the tank

removal

excavation or on

surface water, while initiating

or continuing any actions

required pursuant to this Part or other applicable

laws or regulations.

In meeting

the requirements of this Section,

owners or operators must:

Conduct free product removal

in a manner that minimizes the spread

contamination into previously uncontaminated

zones

by using recovery

and

disposal techniques appropriate to the hydrogeologic conditions at the

site and that properly treats, discharges or disposes of recovery byproducts

compliance with applicable local, State. and

federal regulations:

Usc

abatement of free product migration

as a minimum objective for the

design of the free product removal

system;

Handle any flammable products

in a safe and competent manner to

prevent fires or explosions:

Within 45

days after

the confirmation

of presence of free product

from a

UST, prepare and submit to the Agency a free product removal report.

The report must, at a minimum, provide the following:

The name of the persons responsible

for implementing

the free

product removal measures;

The estimated quantity, type and thickness of free product

observed or measured

in wells, horeholes,

and excavations;

The type of free product recovery system used;

Whether any discharge will take place on-site

or off-site during the

recovery operation and where this discharge will be located;

The type of treatment applied to, and the effluent

quality expected

from,

any discharge;

The steps that have been or

are being taken to obtain necessary

permits for any discharge;

The disposition of the recovered free

product;

The steps taken to identify the source and extent of the free

product;

and

A schedule of future activities

necessary to

complete the recovery

of free product still exceeding one-eighth of an inch in depth as

ELECTRONIC

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2005

measured

in a groundwater monitoring well, or still

present

as a

sheen

on groundwater in the tank removal excavation or

on surface

water.

The schedule must include, but

not be limited to,

the

submission of plans and budgets required pursuant

to subsections

(e)

and (d) of this Section; and

If free product removal

activities are conducted more than 45

days after

confirmation of the presence of free product, submit free product

removal

reports quarterly or

in accordance with a schedule established by

the

Agency.

For purposes of payment from the Fund, owners or operators are not

required to

obtain Agency approval for free

product removal activities conducted within

days

after the confirmation of the presence of free

product.

If free product

removal activities will

be conducted

more than 45 days after the

confirmation of the presence of free product, the owner or operator must submit to

the Agency for review a free product removal plan.

The plan must he submitted

with the free product removal report required under subsection (a)(4) of this

Section.

Free product removal activities conducted more than 45

days after the

confirmation of the presence of free

product must not be considered early action

activities.

Any owner or operator intending to seek payment from the

Fund must, prior to

conducting free product removal activities more than 45 days after the

confirmation of the presence of free product, submit to the Agency a free

product

removal budget with the

corresponding free product removal plan.

The budget

must include, hut not be limited

to, an estimate of all costs associated with the

development, implementation, and completion of the free product removal

plan,

excluding handling charges.

The budget

should be consistent with the eligible

and ineligible costs listed in Sections 734.625 and 734.630 of this Part and the

maximum payment amounts set forth in Subpart H of this Part.

As part

of the

budget the Agency may require a comparison between the costs of the proposed

method of free product removal

and other methods

of free product removal.

Upon the Agency’s approval of a free product removal plan, or

as otherwise

directed by the Agency, the owner or operator must proceed with free product

removal

in accordance with the plan.

Notwithstanding any requirement under this Part for the submission of a free

product

removal plan or free product removal budget, an owner

or operator may

proceed with free product removal in accordance with this Section prior to the

submittal or approval

of an otherwise required free product removal plan or

budget.

However, any such plan and budget must be submitted to

the Agency for

review and approval, rejection, or modification in accordance with the procedures

contained in Subpart E of this Part prior to payment for any related costs or the

ELECTRONIC

FILING,

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OFFICE, AUGUST 3, 2005

issuance of a No Further Remediation

Letter.

BOARD NOTE:

Owners or operators proceeding under subsection

(f) of this

Section are

advised that they may not be entitled to full payment from the Fund.

Furthermore, applications for payment must be

submitted no later than one year

after the date the Agency issues

a No Further Remediation Letter.

See Subpart

of this Part.

If, following approval of any free product

removal plan or

associated budget, an

owner or operator

determines that a revised plan or budget is necessary in order to

complete free

product removal, the owner or operator must submit, as

applicable,

an amended

free product removal

plan or associated budget to the

Agency for

review.

The Agency must review and approve,

reject, or require modification

the amended

plan or budget

in accordance with Subpart E of this

Part.

BOARD NOTE:

Owners and operators are

advised that the total payment from

the Fund for all

free product removal

plans and associated budgets submitted by

an owner or operator must not exceed the

amounts set

forth in Subpart

I-I of this

Part.

Section 734.220

Application

for Payment of Early Action Costs

Owners or operators intending

to seek payment for early action activities, excluding free product

renioval activities

conducted more than 45

days after confirmation of the presence of free

product, are not required to submit

a corresponding budget.

The application for payment may be

submitted

to the Agency upon completion of the early action activities in accordance with the

requirements at Subpart

F of this Part, excluding free product removal activities conducted more

than 45 days after confirmation of the presence of free product.

Applications for payment of free

product

removal activities conducted more than 45 days after confirmation of the presence of

free

product may be

submitted upon completion of the free product removal

activities,

SUBPART C:

SITE INVESTIGATION

AND CORRECTIVE

ACTION

Section 734.300

General

Unless the owner or operator submits a report pursuant to Section 734.210(h)(3) of this Part

demonstrating that the most stringent Tier

remediation objectives of

111. Adm.

Code 742 for

the applicable indicator contaminants have been met, the owner or operator must investigate the

site, conduct corrective action,

and prepare plans, budgets, and reports

in accordance with the

requirements of this Subpart C.

ELECTRONIC FILING,

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3, 2005

Section 734.305

Agency Authority to

Initiate

Pursuant to Sections 734.100 or 734.125 of this Part,

the Agency must have the authority to

require

or initiate

site investigation and corrective action activities in accordance with the

remainder of this Subpart

Section

734.3 10

Site Investigation

—

General

The

investigation of the release must proceed in three stages

as set forth

in this Part.

If,

after the

completion of any stage, the extent of the soil and groundwater contamination exceeding the

most stringent Tier

remediation objectives of

Ill.

Adm.

Code

742 for the applicable

indicator contaminants as a result

of the release has been defined,

the owner or operator must

cease investigation and proceed

with the submission of a site investigation completion report

accordance with Section 734.330 of this Part.

Prior to conducting site investigation activities pursuant to Section 734.3 15,

734.320, or 734.325

of this Part, the owner

or operator must submit to the Agency

for

review a site investigation plan.

The plan must

be designed

satisfy the

minimum requirements

sct forth in the applicable section and to collect the

information required to be reported in

the site investigation plan for the next stage

of the site investigation, or

in the site investigation completion report,

whichever

is applicable.

Any owner or operator intending to seek payment from the

Fund must, prior to

conducting any site investigation activities,

submit to the Agency a site

investigation budget with the corresponding site

investigation plan.

The budget

must include, hut not be limited

to,

a copy of the eligibility and deductibility

determination of the OSFM and an estimate of

all costs associated with the

development, implementation, and completion of the site investigation plan,

excluding handling charges and costs

associated with monitoring well

abandonment.

Costs associated

with monitoring

well abandonment must be

included in the

corrective action budget.

Site investigation

budgets should be

consistent with the eligible and ineligible costs listed at Sections 734.625 and

734.630 of this Part and the maximum payment amounts set forth in Subpart H of

this Part.

A budget for a Stage

site investigation must consist of a certification

signed by

the

owner or operator, and by a Licensed Professional Engineer or

Licensed Professional Geologist, that the costs of the Stage

site investigation

will not exceed the amounts set forth in Subpart H of this Part.

Upon the Agency’s approval of a site investigation plan, or as otherwise directed

by the

Agency,

the

owner or operator shall conduct a site investigation in

accordance with

the

plan

415

ILCS 5/57.7(a)(4fl.

If. following the approval

of any site investigation plan or associated budget, an

owner or operator determines that a revised plan or budget is necessary in order

ELECTRONIC

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OFFICE, AUGUST

2005

deternune,

within the area addressed in

the applicable stage of the

investigation,

the nature,

concentration, direction of movement, rate of movement, and extent of

the contamination, or

the

significant physical

features of the site

and surrounding

area that may affect contaminant

transport and risk to human health and safety

and the environment, the

owner or operator must submit,

as applicable, an

amended site investigation plan or associated budget to the Agency for review.

The

Agency must review and approve, reject, or require modification of the

amended

plan or budget in

accordance with Subpart E of this Part.

BOARD NOTE:

Owners and operators are advised that the total

payment from

the Fund for all site investigation

pLans and associated budgets

submitted by an

owner or operator must not exceed the amounts set forth in Subpart H of this Part.

Notwithstanding any requirement under this Part for the submission of a site

investigation plan or budget, an owner or operator may proceed to conduct site

investigation activities in accordance with this Subpart

C prior to the

submittal or

approval of an otherwise required site

investigation plan or

budget.

However,

any

such plan or budget must be submitted to the Agency for review and approval,

rejection, or modification in accordance with the procedures contained

in Subpart

E of this Part prior to receiving payment for any related costs

the

issuance of a

No Further Remediation Letter.

BOARD NOTE:

Owners

or operators proceeding under subsection (e) of this

Section

are

advised that they may not be entitled

to full

payment.

Furthermore,

applications for payment must he submitted no later than one year after the

date

the Agency

issues a No Further Remediation

Letter.

See Subpart

F of this

Part.

Section 734.315

Stage

Site

Investigation

The Stage

site investigation must be designed to gather initial information regarding the extent

of on-site soil and groundwater contamination that,

a result of the release, exceeds

the most

stringent Tier

remediation objectives of

III. Adm. Code 742 for the applicable indicator

contaminants.

The Stage

1 site investigation must consist of the following:

Soil

investigation.

to four borings must be drilled

around each independent UST

field where one or more UST excavation samples collected

pursuant to 734.210(h), excluding backfill samples, exceed the

most stringent Tier

1 remediation objectives of 35

III. Adm. Code

742 for the applicable

indicator contaminants.

One additional

boring must be drilled as close as

practicable to each

UST field if a

groundwater investigation is not required under subsection (a)(2)

of this Section.

The borings must be advanced through the entire

ELECTRONIC FILING,

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CLERK’S OFFICE, AUGUST

2005

vertical extent of contamination, based

upon field observations and

field screening

fororganic

vapors, provided that borings

must be

drilled below the

groundwater table only if site- specific conditions

warrant.

to two borings must be drilled around each UST piping run

where one or more piping run samples

collected pursuant to

734.210(h) exceed the most stringent Tier

remediation objectives

of 35

Ill.

Adm. Code 742 for the applicable indicator contaminants.

One additional boring must be drilled a close as practicable to each

UST piping run if a groundwater investigation

is not

required

under subsection (a)(2) of this Section.

The borings must be

advanced through the entire vertical extent of contamination, based

upon field observations and field screening for organic vapors.

provided that borings must be drilled below the groundwater table

only

if site-specific conditions warrant.

One soil sample must be collected from each five-foot interval of

each

boring drilled pursuant to subsections (a)(l )(A) and (B) of

this Section.

Each sample must be collected from the location

within

the

five-foot interval that

is the most contaminated as a

result of the release.

If an area of contamination cannot be

identified within

a five-foot interval,

the sample must be collected

from the center of the five-foot interval.

All

samples must be

analyzed for the applicable indicator contaminants.

Groundwater investigation.

A groundwater investigation is required under the following

circumstances:

There is

evidence that groundwater wells

have been

impacted by the release above the most stringent Tier

remediation objectives

of 35

Ill.

Adm. Code 742 for the

applicable indicator contaminants;

ii)

Free productthat may impact groundwater is found to need

recovery in compliance

with Section 734.215 of this Part;

iii)

There is evidence that contaminated soils may be or may

have been in contact with

groundwater, except that, ifthe

owner or

operator pumps the excavation or tank cavity dry,

properly disposes of

all contaminated water, and

demonstrates to the Agency that no recharge is evident

during the 24 hours following pumping, the owner or

ELECTRONIC FILING,

~EbEIVED, CLERK’S OFFICE, AUGUST

3,2005

operator does not have to complete a groundwater

investigation, unless the Agency’s review reveals that

further groundwater investigation is necessary.

If a groundwater investigation

is required, the owner or

operator

must install five groundwater monitoring

wells.

One monitoring

well must be

installed

in the

location where groundwater

contamination is most likely to be present.

The four remaining

wells must be

installed at the property boundary line or 200

feet

from the UST system, whichever is less,

in opposite

directions

from

each other.

The wells must be installed

locations where

they

are most likely

detect groundwater contamination resulting

from

the release and provide

information regarding

the

groundwater gradient

and direction of flow.

One

soil sample must he collected from each five-foot interval of

each monitoring well installation boring drilled pursuant to

subsection (a)(2)(B) of this Section.

Each sample must be

collected from the

location within

the

five-foot interval that is the

most contaminated

as a result of the release,

If an

area of

contamination cannot be

identified within a five-foot interval, the

sample must be collected from the

center of the five-foot interval.

All soil samples exhibiting signs of contamination must be

analyzed for the

applicable indicator contaminants.

For borings

that do

not exhibit

any signs of soil contamination, samples

from

the following intervals must be

analyzed for the

applicable

indicator contaminants, provided that the samples must not be

analyzed ifother soil sampling conducted

date indicates

that soil

contamination does

not extend to the location of the

monitoring

well

installation boring:

The five-foot intervals intersecting the elevations

of soil

samples collected pursuant to Section 734.2 10(h),

excluding backfill samples, that exceed the

most stringent

Tier

1 remediation objectives of 35

III.

Adm. Code 742 for

the applicable indicator contaminants.

ii)

The five-foot interval immediately

above each five-foot

interval identified in subsection (a)(2)(C)(i) of this Section;

and

iii)

The five-foot interval

immediately below each five-foot

interval

identified in subsection (a)(2)(C)(i) of this Section.

ELECTRONIC FILING,

RECEIVED, CLERKS OFFICE,

AUGUST 3,

2005

Following the installation of the groundwater monitoring wells,

groundwater samples must be collected from each well and

analyzed for the

applicable indicator contaminants.

As a part of the groundwater investigation an

in-situ hydraulic

conductivity test must be performed in the first fully saturated

layer below the water table.

If multiple water bearing units

are

encountered,

an in-situ hydraulic conductivity test must be

performed on each such unit.

Wells

used for hydraulic conductivity testing must he

constructed in

a manner that

ensures the most accurate

results.

ii)

The screen must he contained

within the saturated

zone.

initial water supply well survey in accordance with Section 734.445(a)

of this Part.

The Stage

site investigation plan must consist of a certification

signed by

the

owner or operator.

and by a Licensed

Professional Engineer or

Licensed

Professional Geologist, that the Stage

site investigation will be conducted in

accordance with this Section.

If none of the samples collected as part of the Stage

I site

investigation exceed the

most

stringent Tier

1 remediation objectives of 35

111. Adm.

Code 742 for the

applicable indicator contaminants, the owner or operator must cease site

investigation and proceed with the submission of a site investigation completion

report in accordance with

Section 734.330 of this Part.

If one or more of the

samples collected as

part of the Stage

site investigation exceed the most

stringent Tier I

remediation objectives of

Ill. Adm.

Code 742 for the

applicable indicator contaminants, within

days after completing the

Stage

site investigation the owner or operator must submit to the Agency for review a

Stage

site investigation plan in accordance with Section 734.320 of this Part.

Section 734.320

Stage 2 Site Investigation

The Stage 2 site investigation must he designed to complete

the identification of the extent of

soil and groundwater contamination

at the site that,

as a result of the release, exceeds the most

stringent Tier

remediation objectives of

111. Adm. Code 742 for the applicable indicator

contaminants.

The investigation of any off-site contamination must be conducted

as part of the

Stage

3 site investigation.

The Stage

2 site investigation must consist of the following:

ELECTRONIC FILING,

RECEIVED,

CLERK’S OFFICE, AUGUST

2005

The additional drilling of

soil borings

and collection of soil samples

necessary to identify the extent of soil contamination at the

site that

exceeds the most stringent Tier

remediation objectives of 35

Ill. Adm.

Code 742 for the

applicable indicator contaminants.

Soil samples

must be

collected in appropriate locations and at appropriate depths, based upon

the results of the soil sampling and other investigation activities conducted

to date, provided, however,

that soil samples must not

be collected below

the groundwater table.

All

samples must be analyzed for the applicable

indicator contaminants; and

The

additional

installation of groundwater monitoring wells and collection

of groundwater samples necessary to identify the extent of groundwater

contamination at the site that exceeds

the most stringent Tier

remediation objectives of

III.

Adm. Code 742 for

the applicable

indicator contaminants.

If soil samples are collected from a monitoring

well boring, the samples must

he collected

in appropriate locations

and at

appropriate depths, based upon the results of the soil sampling and other

investigation activities

conducted to date, provided, however, that soil

samples

must not be collected below the groundwater table.

All

samples

must

he analyzed for the

applicable indicator contaminants.

The

Stage 2

site investigation plan must include,

but

not be limited to, the

following:

An executive

summary of Stage

1 site

investigation activities

and actions

proposed in the Stage

2 site

investigation plan to complete the

identification

of the extent of soil and groundwater contamination at the

site that exceeds the most stringent Tier

1 remediation objectives of 35

Ill.

Adm. Code 742 for the applicable indicator contaminants;

A characterization of the site and surrounding area,

including, but

not

limited to,

the following:

The current and post-remediation uses of the site and surrounding

properties; and

The physical

setting of the site

and surrounding area including, but

not

limited to,

features relevant to environmental, geographic,

geologic, hydrologic, hydrogeologie, and topographic conditions;

The results

of the Stage

site investigation,

including but not limited to

the

following:

One or more site maps meeting the requirements of Section

734.440 that show

the locations of all borings and groundwater

ELECTRONIC

FILING,

RECEIVED,

CLERK’S OFFiCE, AUGUST

3, 2005

monitoring wells completed to date, and the groundwater flow

direction;

One

or more site maps meeting the requirements of Section

734.440 that

show the locations of

all samples collected to date and

analyzed for the

applicable

indicator

contaminants;

One or more site maps

meeting the requirements of Section

734.440 that show the extent of soil and groundwater

contamination at the

site that exceeds the most stringent Tier

remediation objectives of 35

III.

Adm. Code 742 for the applicable

indicator contaminants;

One or more cross-sections of the site that show the geology of the

site and the horizontal

and vertical extent of soil and groundwater

contamination at

the site that exceeds the most stringent Tier

remediation objectives of

Ill. Adm. Code

742 for the applicable

indicator contaminants;

Analytical results, chain of custody forms, and laboratory

certifications

for all samples analyzed for the applicable indicator

contaminants as

part of the Stage

site investigation;

One or more tables comparing the analytical results of the samples

collected to date to the most stringent Tier

remediation

objectives

of 35

Ill. Adm.

Code 742 for the applicahle indicator contaminants;

Water supply well survey documentation required pursuant to

Section 734.445(d) of this Part for water supply well survey

activities conducted

as part of the Stage

site

investigation; and

I-I)

For soil borings and groundwater monitoring wells installed

part

of the Stage

site

investigation, soil boring logs

and monitoring

well construction diagrams meeting the requirements of Sections

734.425

and 734.430 of this Part; and

A Stage 2 sampling plan that

includes, but

not be limited to, the following:

A narrative justifying the activities proposed

as part of the Stage

site investigation;

A map depicting

the location of additional soil borings

and

groundwater monitoring wells

proposed to complete the

identification of the extent of soil and groundwater contamination

at the site that exceeds

the most

stringent

Tier

remediation

ELECTRONIC

FILING,

RECEIVED,

CLERK’S OFFICE, AUGUST

2005

objectives of 35

II!.

Adm.

Code 742

for the

applicable indicator

contaminants; and

The

depth and construction details of the proposed soil borings and

groundwater monitoring wells.

If the owner or operator proposes

site

investigation activities

in the Stage

2 site

investigation

plan and none of the applicable indicator contaminants that exceed

the most stringent Tier

remediation objectives of 35

111.

Adm. Code 742 as

result of the release extend beyond the

site’s property boundaries,

upon

submission of the Stage

2 site

investigation plan the owner or operator must cease

site investigation and proceed with the

submission of a site

investigation

completion report

in accordance with

Section 734.330 of this Part.

If the owner

or operator proposes

no site investigation activities

in the

Stage

2 site

investigation plan and applicable indicator contaminants that exceed the most

stringent Tier

remediation objectives of 35

111. Adm. Code 742 as a result

of the

release extend beyond the site’s property boundaries,

within

30 days

alter the

submission of the Stage

2 site

investigation plan the owner

or operator must

submit to the Agency

for review a Stage

3 site investigation plan

in accordance

with Section

734.325 of this Part.

If the results of a Stage 2 site investigation

indicate that none of the

applicable

indicator contaminants that exceed the most stringent Tier

remediation

objectives

of 35

Ill.

Adm.

Code 742

as a result of the release extend beyond the

site’s property boundaries,

upon completion of the Stage 2

site

investigation the

owner or operator must cease site

investigation and proceed with the

submission

of a site investigation completion report

in accordance with Section 734.330 of

this Part.

If the results

of the Stage 2

site investigation

indicate that applicable

indicator contaminants that exceed the most stringent i’ier

remediation

objectives of

Ill. Adm. Code 742

as a result of the release extend heyond the

site’s property boundaries,

within

days after the completion of the Stage

site

investigation the owner or

operator must submit to the Agency for review a Stage

site investigation plan in accordance with Section 734.325 of this Part.

Section 734.325

Stage

3 Site Investigation

The Stage

3 site investigation must he designed to identify the extent of off-site soil and

groundwater contamination that,

as a result of the release, exceeds the most stringent Tier

remediation objectives of 35

ill. Adm. Code 742 for

the applicable indicator contaminants.

ELECTRONK~FILING,

RECEIVED,

CLERK’S OFFICE, AUGUST

2005

The Stage

site investigation must consist of the following:

The drilling of soil borings and collection of soil samples

necessary to

identify the extent of soil contamination beyond the site’s property

boundaries

that exceeds the most stringent Tier

remediation

objectives

of 35

Ill. Adm. Code 742 for the

applicable indicator contaminants.

Soil

samples

must he collected in

appropriate locations and at appropriate

depths,

hased upon

the

results of the soil sampling and other investigation

activities conducted to date, provided, however, that

soil samples

must not

be collected

below the groundwater table.

All

samples must he analyzed

for the applicable indicator contaminants; and

The installation of groundwater

monitoring wells and collection of

groundwater samples necessary to identify the extent of groundwater

contamination beyond the site’s property boundaries that exceeds the most

stringent Tier

remediation objectives

of 35

Ill.

Adm. Code 742 for the

applicable

indicator contaminants.

If soil samples are collected from a

monitoring well boring,

the samples must he collected in appropriate

locations

and at appropriate depths,

based upon the results of the soil

sampling and other investigation activities

conducted to date, provided,

however, that soil samples must not be collected below the groundwater

table.

All

samples must be analyzed for the applicable indicator

contaminants.

The Stage

3 site

investigation plan must include,

hut not he limited to,

the

following:

An executive summary of Stage

site investigation activities

and actions

proposed in the Stage

3 site investigation plan to identify the extent of soil

and groundwater contamination beyond the site’s

property boundaries that

exceeds the most

stringent Tier

remediation objectives of

III.

Adm.

Code 742 for the applicable indicator contaminants;

The results

of the Stage 2 site investigation, including but not limited to

the following:

One or more

site maps meeting the requirements of Section

734.440 that show the locations

of all borings and groundwater

monitoring wells completed as part of the Stage 2 site

investigation;

One

or more site maps meeting

the requirements of Section

734.440 that show the

locations

of all groundwater monitoring

wells completed to date, and the groundwater flow direction;

ELECTRONIC

FILING,

RECEIVED,

CLERK’S

OFFICE, AUGUST

2005

One or more site

maps meeting the requirements of Section

734.440 that show the extent of

soil

and groundwater

contamination at the site that exceeds the most stringent

Tier

remediation objectives of

Ill.

Adm.

Code 742

for the applicable

indicator contaminants;

One or more cross-sections of

the site that show the geology of the

site and the horizontal

and

vertical extent of soil and groundwater

contamination at the site

that exceeds the most stringent Tier

remediation objectives of 35

III. Adm. Code 742 for the

applicable

indicator contaminants;

Analytical

results, chain of custody forms, and laboratory

certifications

for all

samples analyzed for the

applicable indicator

contaminants as part of the Stage

2 site

investigation;

One

or more tables comparing the analytical

results of the samples

collected to dale to the most stringent Tier

1 remediation objectives

of 35

III. Adm.

Code 742 for the applicable

indicator contaminants;

and

For soil

borings and groundwater monitoring wells installed

as part

of the Stage 2 site investigation, soil boring

logs and monitoring

well construction diagrams meeting the requirements of Sections

734.425 and 734.430 of this Part; and

A Stage 3

sampling plan that includes, but

not be limited to,

the following:

A narrative justifying the activities proposed

as part of the Stage

site

investigation;

A map depicting the location of soil borings and groundwater

monitoring wells proposed to identify the extent of soil and

groundwater contamination beyond the site’s property boundaries

that exceeds the

most stringent Tier

remediation

objectives of 35

Ill. Adm. Code 742 for the

applicable indicator contaminants;

and

The depth and construction details of the proposed soil borings and

groundwater monitoring wells.

Upon completion of the Stage

site investigation the owner or operator must

proceed with the submission of a site investigation completion report that meets

the requirements of Section 734.330 of this Part.

ELECTRONIC

FILING,

RECEIVED,

CLERK’S OFFICE, AUGUST

2005

Section

734.330

Site Investigation

Completion

Report

Within 30 days after completing

the site investigation,

the owner or operator

s/tall submit to

the

Agency fur approval

a site investigation

completion

report

1415 ILCS 5/57.7(a)(5).

At a

minimum,

a site investigation completion report must

contain the following:

A history of the site

with respect to the release;

description of the site,

including but not limited to the following:

General

site information,

including but not

limited to the site’s and

surrounding area’s

regional location; geography, hydrology, geology,

hydrogeology. and topography: existing and potential migration pathways

and exposure routes; and current and post-remediation uses;

One

or more maps meeting the requirements of Section 734.440 that show

the

locations of

all borings and groundwater monitoring wells completed

as part

of site investigation, and the

groundwater flow direction;

One or more maps showing the horizontal extent of soil and groundwater

contamination exceeding the most stringent Tier

I remediation objectives

of 35

III. Adni. Code 742 for the applicable indicator contaminants;

One or more map cross-sections showing the horizontal and vertical extent

of soil and groundwater contamination exceeding the most stringent Tier

remediation objectives of 35

III. Adm.

Code 742 for

the applicable

indicator contaminants;

Soil boring logs

and monitoring well construction diagrams meeting the

requirements of Sections 734.425 and 734.430 of this Part for all borings

drilled and all groundwater monitoring wells installed

as part of site

investigation;

Analytical results, chain of custody forms, and laboratory certifications for

all

samples analyzed for the applicable indicator contaminants

as part of

site investigation;

A table comparing the analytical results of samples collected as

part of site

investigation to the most stringent Tier

remediation objectives of 35

Ill.

Adm.

Code 742 for the applicable indicator contaminants; and

The water supply well survey documentation required pursuant to Section

734.445(d) of this Part forwater

supply well survey activities conducted

as part of site investigation; and

ELECTRONIC

FILING,

RECEIVED, CLERk’S OFFICE, AUGUST 3,

2005

A conclusion that

includes, but

not limited

to, an assessment of the sufficiency

of the data in the report.

Section

734.335

Corrective

Action Plan

Ifany oft/ic applicable indicator contaminants exceed

the

most stringent Tier

remediation objectives of

III.

Adm. Code 742 for the applicable indicator

contaminants,

within

30 days after the Agency approves the site investigation

completion

report, the owner or operator shall submit to the Agency

for

approval

a corrective action plan designed to mitigate any threat to human health,

human

safety,

orthe environment resultingfrom

the underground storage

tank release.

415

ILCS 5/57.7(b)(2)J.

The corrective action plan must address all media

impacted by the UST release and must contain, at a minimum, the

following

information:

An executive summary that identifies the objectives of the corrective

action plan and the technical approach to be utilized to meet such

objectives.

At a minimum, the summary must

include the following

information:

The major components (e.g., treatment, containment,

removal) of

the corrective action plan;

The

scope of the problems to be addressed by

the proposed

corrective action, including but not limited to the

specific indicator

contaminants and the physical

area; and

A schedule for implementation

and completion of the plan;

statement

of the remediation objectives proposed for the site;

A description of the remedial

technologies selected and how each

fits

into

the overall corrective action strategy, including but

not limited to the

following:

The feasibility of implementing the remedial technologies;

Whether the remedial technologies will perform

satisfactorily and

reliably until

the remediation objectives

are achieved;

A schedule of when the remedial

technologies are expected to

achieve the applicable remediation objectives and a rationale for

the schedule; and

ELECTRONIC FILING,

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CLERK’S OFFICE,

AUGUST 3, 2005

For alternative technologies, the

information required under

Section 734.340 of this Part;

A confirmation sampling plan that describes how the effectiveness of the

corrective action activities

will be monitored or measured during their

implementation and after their completion;

A description of the current and projected future uses of the site;

A description of any engineered barriers

or institutional

controls proposed

for the

site that will he relied upon to achieve remediation objectives.

The

description must include,

but not be limited

to, an

assessment of their

long-term reliability and operating and maintenance plans;

A description of water supply well survey

activities required pursuant to

Sections 734.445(b) and

that were conducted

as part of site

investigation; and

Appendices containing references and data sources

relied upon

in the

report that are organized and presented logically,

including hut not limited

to field

logs, well

logs, and reports of laboratory analyses.

Any owner or operator intending to seek payment from the Fund must, prior to

conducting any corrective action activities beyond

site investigation, submit to the

Agency a corrective action budget with the

corresponding corrective action plan.

The budget must include,

hut

not be limited

to, a copy of the eligibility and

deductibility determination of the OSFM and an

estimate of all

costs associated

with the development, implementation, and completion of the corrective action

plan, excluding handling

charges.

The budget should be consistent

with the

eligible and ineligible costs listed at Sections 734.625

and 734.630 of this Part

and the maximum payment amounts

set forth in

Subpart H of this Part.

As part of

the budget the Agency may require a comparison between the costs of the

proposed method of remediation and other methods of remediation.

Upon the Agency’s approval of a corrective action plan,

oras otherwise directed

by the Agency,

the owner or operator s/ia/I proceed with corrective action

accordance with the p/an

415

ILCS 5/57.7(b)(4)J.

Notwithstanding any requirement under this Part for the

submission of a

corrective action plan or corrective action budget,

except as provided at Section

734.340 of this Part, an owner or operator mayproceed

to conduct corrective

action activities

in accordance with this Subpart C prior to the submittal or

approval of an

otherwise required corrective action plan or budget.

However,

any

such plan and budget must be submitted to the Agency for review and approval,

rejection, or modification in accordance with the procedures contained in Subpart

of this Part prior to payment for any related costs

or the issuance of a No

ELECTRONIC

FILING, RECEIVED,

CLERK’S

OFFICE, AUGUS

2UU~

Further Remediation

Letter.

BOARD NOTE:

Owners

or operators proceeding under subsection (d) of this

Section

are advised that

they may not

be entitled to full

payment from the

Fund.

Furthermore, applications for payment must be submitted no

later than one year

after

the date the Agency issues a No Further Remediation Letter.

See Subpart F

of this

Part.

If, following approval of any corrective

action plan or associated budget, an

owner or operator determines that a revised plan or budget is

necessary in order to

mitigate any threat to hitman health, human safety, or the

environment resulting

from the underground storage tank

release, the owner or operator must submit, as

applicable, an amended corrective action plan or associated budget to the

Agency

for review.

The

Agency must review and approve,

reject, or

require modification

of the amended plan or budget in accordance with Subpart E of this

Part.

BOARD NOTE:

Owners

and operators are advised that the total payment

from

the Fund for all corrective action plans and associated budgets submitted by

owner or operator must not exceed

the amounts

set forth in Subpart H of this Part.

Section 734.340

Alternative Teclmologies

An owner or operator may choose to use an alternative technology for corrective

action in response to a release.

Corrective action plans proposing the use of

alternative technologies

must be submitted to the Agency

in accordance with

Section 734.335 of this Part.

addition to the requirements for corrective action

plans contained in Section 734.335, the owner or operatorwho seeks approval of

an alternative technology must submit documentation along with the corrective

action plan demonstrating that:

The proposed alternative technology has a substantial

likelihood

successfully achieving compliance with all applicable regulations and

remediation objectives necessary to comply with the

Act and regulations

and to protect human health and safety and the environment;

The proposed alternative technology will

not adversely affect human

health and safety

or the environment;

The owner or operatorwill obtain all Agency permits necessary to legally

authorize use of the alternative technology;

The owner or operator will implement a program to monitor whether the

requirements of subsection (a)(I) of this Section have been met; and

Within

one year from the date of Agency approval

the owner or operator

will provide to the Agency monitoring program results establishing

ELECTRONIC

FILING,

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CLERK’S OFFICE, AUGUS

ZUUO

whether the proposed alternative technology will

successfully achieve

compliance with the requirements

of subsection (a)( I) of this Section and

any other applicable regulations.

The Agency

may require interim reports

necessary to track the progress of the alternative technology.

The

Agency will specify

in the approval when those interim reports must be

submitted

to the Agency.

An owner or operator intending to seek payment for costs associatcd with the use

of an alternative technology must

submit a corresponding budget

in accordance

with Section 734.335 of this Part.

addition

to the requirements for a corrective

action budget at Section 734.335 of this Part, the budget must demonstrate that

the cost of the alternative technology will

not exceed the cost

of conventional

technology and is not substantially higher than other available alternative

technologies.

The budget plan must compare the

costs of at least

two other

available alternative technologies to the costs of

the proposed alternative

technology.

If an

owner or operator has received approval of a corrective action plan and

associated budget from the Agency prior to implementing

the

plan and the

alternative technology fails to satisfy the requirements of subsection (a)(1) or

(a)(2) of this Section, such failure

must not make the

owner or operator ineligible

to seek payment for the activities associated with the subsequent performance of a

corrective action using conventional technology.

However,

in no ease must

the

total payment for the

site exceed the statutory maximums.

Owners or operators

implementing alternative

technologies without obtaining pre-approval must be

ineligible to seek payment for the subsequent performance of a corrective action

using conventional technology.

The Agency may require remote monitoring of an

alternative technology.

The

monitoring may

include, but

not be limited

to, monitoring the alternative

technology’s operation

and progress in achieving the applicable remediation

objectives.

Section

734.345

Corrective Action

Completion Report

Within 30 days after the completion ofa corrective action plan that achieves

applicable remediation objectives the owner or operator s/ia/I submit to the

Agency for approval a corrective action

completion

report.

The

report shall

demonstrate whether corrective action

was completed in accordance with the

approved corrective action plan and

whether the remediation

objectives approved

for

the site,

as well as any other requirements

of the plan,

have been achieved

415

ILCS 57.7(h)(5)J.

At a minimum, the report must contain the following

information:

ELECTRONIC

FILING,

RECEIVED,

CLERK’S OFFICE,

AUGUST 3,

2005

An executive

summary that identifies

the overall

objectives of

the

corrective action and the

technical approach utilized to meet those

objectives.

a minimum, the

summary must contain the following

information:

A brief description of the site,

including but not limited to a

description of the release,

the applicable indicator contaminants,

the contaminated media, and the extent of soil and groundwater

contamination that exceeded the most stringent Tier I

remediation

objectives of 35

III.

Adm. Code 742 for the applicable

indicator

contaminants;

The major components (e.g., treatment, containment, removal) of

the corrective action;

The scope of the problems corrected or mitigated by

the

corrective

action; and

The anticipated post-corrective action uses of the site and areas

immediately adjacent to the site;

A description of the corrective action activities conducted, including but

not limited

to the following:

A narrative description of the field activities conducted

as part

corrective

action;

narrative description of the remedial actions

implemented at the

site and the performance of each remedial technology utilized;

Documentation of sampling activities conducted

as part of

corrective action,

including but not

limited to the following:

Sample collection information,

including but

not limited to

the sample collector’s name, the date and time of sample

collection, the collection method,

and the sample location;

ii)

Sample preservation and shipment information,

including

but not limited to field

quality control;

iii)

Analytical procedure information,

including but not limited

to the method detection limits and the practical quantitation

limits;

iv)

Chain of custody and control; and

ELECTRONIC

FILING,

RECEIVED,

CLERK’S OFFICE, AUGUST 3,

2005

Field and

lab blanks;

and

Soil boring logs and monitoring well constniction diagrams

meeting the requirements of Sections

734.425 and 734.430 of this

Part for all borings drilled and

all groundwater monitoring wells

installed

as part of corrective action;

A narrative description

of any special conditions

relied upon

as part of

corrective action,

including but not limited to information regarding the

fol lowing:

Engineered barriers utilized

in accordance with

111. Adm. Code

742

to achieve the approved remediation objectives;

Institutional controls utilized

in accordance with 35

Ill. Adm. Code

742 to achieve the approved remediatiori objectives, including but

not limited to a legible copy of

any such controls;

Other conditions,

if any, necessary for protection of human health

and safety and the environment that are related to the issuance of a

No Further Remediation Letter; and

Any information required pursuant to Section 734.350 of this Part

regarding off-site access;

An analysis of the effectiveness of the corrective action that compares the

confirmation sampling

results to the remediation objectives

approved for

the site.

The analysis must present

the remediation objectives

in an

appropriate format (e.g., tabular and graphical displays) such that the

information is organized and presented logically and the relationships

between the different investigations for each medium

are apparent;

A conclusion that identifies the success in meeting the remediation

objectives

approved for the site, including

but not limited to an assessment

of the accuracy and completeness of the data in the report;

Appendices containing references and data sources relied upon in the

report that are organized and presented logically, including but not limited

to field logs, well logs, and reports of laboratory

analyses;

The water supply well survey documentation required pursuant to Section

734.445(d) of this Part for

water supply well survey activities conducted

as part

of corrective action; and

A site

map containing only the information required under Section

734.440 of this Part.

The site

map must also show any engineered barriers

ELECTRONIC

FILING,

RECEIVED,

CLERK’S

OFFICE,

AUGUST

2005

utilized

to achieve remediation objectives.

The owner or operator is not required to perform remedial action on

an off-site

property, even where complete performance of a corrective action plan would

otherwise require such off-site action, if the

Agency determines that the owner or

operator is

unable to obtain access to the property despite the use of best efforts

accordance with

the

requirements of Section 734.350 of this Part.

Section 734.350

Off-site Access

An owner or operator seeking to comply with the best efforts requirements of

Section

734.345(b) of this Part must demonstrate compliance with the

requirements of this Section.

In conducting best efforts to obtain off-site access, an owner

or operator must,

at a

minimum, send a letter by certified mail

to the owner of any off-site property to

which access

is required, stating:

Citation to Title

XVI of

the

Act stating the legal

responsibility of the

owner or

operator to remediate the contamination caused by

the release;

That, if the property owner denies access to the

owner or operator,

the

owner or

operatormay seek to gain entry by a court order pursuant to

Section 22.2c of the Act;

That, in performing the requested investigation, the owner or operator will

work so as to minimize any disruption on the property, will maintain,

its consultant will maintain, appropriate insurance and will

repair any

damage caused by the investigation;

If contamination results

from a release by the

owner or operator, the

owner or operator will conduct all associated remediation at its own

expense;

That threats to

human health and the environment and diminished property

value may result from failure to remediate contamination from the release;

and

A reasonable time to respond to the letter, not less than

30 days.

An owner or operator,

in demonstrating that the requirements of this Section have

been met, must provide to the Agency, as

part of the corrective action completion

report,

the

following documentation:

A sworn

affidavit, signed by the owner or operator, identifying the

specific off-site property involved by address, the

measures proposed

ELECTRONIC

FILING,

RECEIVED,

CLERK’S OFFICE, AUGUST

20U5

the corrective action plan that

require off-site access, and

the efforts

taken

to obtain access, and stating that the owner or operator has been unable

obtain

access despite the use of best efforts; and

A copy of the certified letter sent to the owner of the off-site property

pursuant to subsection (h) of this Section.

In determining whether the efforts an

owner or

operatorhas

made constitute best

efforts to obtain

access, the Agency must consider the following factors:

The physical and chemical

characteristics, including toxicity, persistence

and potential for migration, of applicable indicator contaminants at the

property boundary line;

The hydrogeological characteristics of the site and the surrounding area,

including the attenuation capacity and saturation limits of the soil at the

property boundary line;

The nature

and extent of known contamination at the site,

including the

levels of applicable indicator contaminants at the property boundary line;

The potential effects of residual contamination on nearby surface water

and groundwater;

The proximity, quality and current and future uses of nearby surface water

and groundwater,

including regulated recharge areas, wellhead protection

areas,

and setback zones of a potable water supply

wells;

Any known or suspected natural or man-made migration pathways

existing in

or near the suspected area of off-site contamination;

The nature

and use of the part of the off-site property that

is the suspected

area of contamination;

Any existing on-site engineered

barriers or institutional controls

that might

have an impact on the area of suspected off-site contamination, and the

nature and extent of such impact; and

Any other applicable information assembled in compliance with this Part.

The Agency must issue

a No Further Remediation Letter to an owner or operator

subject to this Section

and otherwise entitled to such issuance only if the owner or

operator has,

in accordance with this Section, either completed any requisite off-

site corrective action or demonstrated

to the Agency’s satisfaction

an inability to

obtain off-site access despite best efforts.

ELECTRONIC

FILING, RECEIVED,

CLERK’S OFFICE,

P~U-’U~

The owner or operator is not relieved of responsibility to clean

up a release that

has migrated beyond the property boundary even where off-site access

is denied.

Section

734.355

Status Report

within 4 years ofter the approval of any corrective action plan the applicable

remediation objecu vet have not been achieved and

the

owner or operator has not

submitted a corrective action

completion report.

(lie owner oroperator situ/i

submit a staiu.c report JbrAgency review.

The status report shall include,

but is

not limited to,

a description of the remediation activities taken to date,

the

efj?ctiveness ofthe method of remediation being used, the likelihood ofmeeting

the applicable remediation objectives using the current method of reinedianon.

and the

date the applicable

remediation objectives are expected to

achieved

415

!LCS

5/57.7(bg6fl.

If the Agency determines any approved corrective action plan wi/I

nor achieve

applicable reinediation objectives within a reasonable time, based upon the

ineüod oJ remediadon and site .cpeciflc circumstances,

(lie Agency may require

the

owner or operator to submit to the Agencyfor approval a revised corrective

action plan.

If the owner or operator intend~cto seek paymentfrom

the Fund, the

owner or operator shall also submit a revised budget

415

ILCS 5/57.7(b)(7)1.

The revised corrective action plan and any associated budget must be submitted in

accordance with Section 734.335 of this Part.

Any action by the Agency to require a revised corrective action plan pursuant to

subsection (b) of this Section must be subject to appeal

to the Board within

days

after the

Agency’s final action in

the manner provided for the review of

permit

decisions in Section 40 of the Act.

SUBPART D:

MISCELLANEOUS PROVISIONS

Section 734.400

General

This Subpart D applies to all activities

conducted under this Part and all plans, budgets, reports,

and other documents submitted under this Part.

Section

734.405

Indicator Contaminants

For purposes of this Part, the term “indicator contaminants” must mean the

parameters identified

in subsections

(h) through

(i) of this Section.

For gasoline, including hut

not limited to leaded, unleaded,

premium and gasohol,

the indicator contaminants must be ben’zene, ethylbenzene, toluene, total

xylenes,

ELECTRONIC FILING,

RECEIVED, CLERKS

OFFICE,

AUUU5T

j1LUU~J

and

methyl

tertiary butyl ether (MTBE). except as provided

in subsection (h)

this Section.

For leaded

gasoline, lead

must also be an indicator contaminant.

For aviation turbine fuels, jet

fuels, diesel

fuels, gas turbine fuel oils, heating fuel

oils,

illuminating oils, kerosene,

lubricants, liquid asphalt and dust laying oils,

cable oils, crude oil, crude oil fractions, petroleum feedsiocks, petroleum

fractions,

and heavy oils, the

indicator contaminants must be benzenc,

ethylbenzene, toluene, total

xylenes. and the polynuclear aromatics listed in

Section 734.Appendix B of this Part.

For leaded aviation turbine fuels, lead must

also be an indicator contaminant.

For transformer oils the indicator contaminants must be benzene, ethylhenzenc,

toluene, total

xylenes, and the polynuclear aromatics and the polychiorinared

biphcnyl parameters listed in Section

734,Appendix

of this

Part.

For hydraulic fluids the

indicator contaminants must be benzene, ethylhenzenc,

toluene, total xylenes,

the polynuclear aromatics listed in

Section 734.Appendix

of this Part, and barium.

For petroleum spirits,

mineral

spirits, Stoddard solvents, high-flash aromatic

naphthas, moderately volatile hydrocarbon solvents, and petroleum extender oils,

the indicator contaminants must be the volatile,

base/neutral and polynuelcar

aromatic parameters listed in Section 734.Appendix B

of this Part.

The Agency

may add degradation products or mixtures of any of the above pollutants

accordance with 35

III.

Adm, Code 620.615.

For used

oil,

the indicator contaminants must be determined by

the results of a

used oil

soil sample analysis.

In accordance with Section 734.210(h) of this Part,

soil samples must be collected from the walls and floor of the used

oil

UST

excavation ifthe UST is removed,

or from borings drilled along each side

of the

used oil

UST if the UST remains in place.

The sample that appears

to be the most

contaminated as a result of a release from the used oil UST must then be analyzed

for the

following parameters.

If none of the samples

appear

to be contaminated a

soil sample must be collected from the floor of the used oil UST excavation below

the former location of the UST ifthe UST is removed,

from soil located at the

same elevation as the bottom of the used oil UST if the UST remains in place, and

analyzed forthe following parameters:

All

volatile, base/neutral, polynuclear aromatic, and metal parameters

listed at Section 734.Appendix B of this Part and anyother parameters the

Licensed Professional Engineer or Licensed Professional Geologist

suspects may be present based

on UST

usage.

The Agency may add

degradation products

or mixtures of any of the above

pollutants in

accordance with 3511!.

Adm. Code 620.615.

ELECTRONIC

FILING,

RECEIVED, CLERKS OFFICE,

AUGUST 3,

2UUb

used

oil

indicator contaminanis must he those volatile, base/neutral,

and metal parameters

listed at Section

734.Appendix B of this Pan or

otherwise identified at subsection (g)(l) of this Section that exceed

their

remediation objective at 35

111. Mm.

Code 742 in addition

to benzene,

cthylbenzene, toluene, total

xylenes, and polynuclear aromatics listed

Section 734.Appendix

B of this Part.

If none of the parameters exceed their remediation objective, the used oil

indicator contaminants must he benzene,

cthylhenzene, toluene, total

xylencs, and the polynuclear aromatics listed in Section 734.Appendix B

of this

Part.

Unless

an owner or operator elects otherwise pursuant to

subsection (i) of this

Section, the term “indicator contaminants”

must not

include MTBE for any

release reported to the Illinois

Emergency Management Agency prior to June

2002

(the effective date of amendments establishing MTBE as

an indicator

contaminant).

An owner or operator exempt from having to

address MTBE as an indicator

contaminant pursuant to subsection (h) of this Section may elect to include MTBE

as an indicator contaminant under the circumstances listed

in subsections

(1) or

(2) of this subsection (i).

Elections to include

MTBE as

indicator contaminant

must be made by submitting to the Agency a written notification of such election

signed by

the owner or operator.

The election must be effective upon the

Agency’s receipt of the notification and caimot be withdrawn once made.

Owners

or operators electing to include

MTBE as

indicator contaminant must

remediate MTBE contamination

in accordance with the requirements

of this Part.

If the Agency has not issued a No Further Remediation

Letter for the

release; or

If the Agency has issued a No Further Remediation Letter for the release

and the release has caused off-site groundwater contamination exceeding

the remcdiation objective for MTBE set forth in 35

Ill. Adrn. Code 742.

Section 734.410

Remediation Objectives

The owner or operator must propose remediation objectives

for applicable

indicator

contaminants in accordance with 35

Ill.

Adni. Code 742. Owners

and operators seeking payment

from the Fund

that perform on-site corrective action in accordance with Tier 2 remediation

objectives of

Ill.

Adm. Code 742 must determine the

following parameters on a site-specific

basis:

Hydraulic conductivity

(K)

Soil bulk density

(?h)

ELECTRONIC

FILING,

RECEIVED,

CLERK’S OFFICE,

AUGUST 3, 2005

Soil particle density (73

Moisture content (w)

Organic

carbon content (f~)

Board

Note:

Failure to use site-specific remediation objectives on-site and to utilize available

groundwater ordinances as

institutional controls

may result

in certain corrective

action costs

being ineligible for payment from the Fund. See Sections 734.630(bbh) and (ccc) of this Part.

Section 734.4 15

Data Quality

The

following activities

must he conducted in accordance with “Test Methods for

Evaluating Solid Wastes, Physical/Chemical Methods,”

EPA Publication

No.

SW-846,

incorporated by reference at

Section 734.120 of this Part, or other

procedures

as approved by the Agency:

All

field sampling activities,

including but not limited to activities relative

to sample collection, documentation, preparation, labeling, storage and

shipment, security,

quality

assurance and quality control, acceptance

criteria, corrective

action,

and decontamination procedures;

All field measurement activities, including hut not limited to activities

relative to equipment and instrument operation, calibration and

maintenance, corrective action, and data handling; and

All quantitative analysis of samples

to determine concentrations of

indicator contaminants,

including but not limited to activities relative to

facilities, equipment and instrumentation, operating procedures,

sample

management, test methods, equipment

calibration and maintenance,

quality assurance and quality control, corrective action, data reduction and

validation, reporting, and records management.

Analyses of samples that

require more exacting detection limits

than, or that cannot

be analyzed

standard methods identified

in, “Test Methods for Evaluating Solid

Wastes, Physical/Chemical Methods,” EPA Publication

No.

SW-846,

must be conducted in

accordance with analytical

protocols developed in

consultation

with and approved by the Agency.

The analytical methodology used for the analysis of indicator contaminants must

have a practical quantitation limit

at or below the most stringent objectives or

detection levels set forth in 35

Ill.

Adm. Code 742 or determined by the Agency

pursuant to Section 734.140 of this Part.

All field

or laboratory measurements of samples to determine physical or

geophysical characteristics must be conducted

accordance with applicable

ELECTRONIC FILING,

RECEIVED,

CLERK’S OFFICE, AUGUST

2005

ASTM standards incorporated

by reference at 35

Ill. Adm. Code 742.210. or other

procedures

as approved by

the Agency.

Section 734.420

Laboratory Certification

All quantitative

analyses of samples collected on

or after January

1,2003, and utilizing any of

the approved test

methods identified in 35

Ill. Adm.

Code 186.180 must be completed by

accredited

laboratory

in accordance with the requirements of

Ill. Adm. Code 186.

certification from the accredited laboratory stating that the samples were analyzed

in accordance

with the requirements of this Section must he included

with the

sample results

when they are

submitted to the Agency.

Quantitative analyses

not utilizing an accredited

laboratory

accordance with Part

186 must

be deemed

invalid.

Section 734.425

Soil

Borings

Soil borings

must be

continuously sampled to ensure that no

gaps appear

in the

sample

column.

Any water bearing unit encountered must be

protected as necessary to prevent

cross-contamination during drilling.

Soil boring logs must be

kept for all

soil borings.

The

logs

must be submitted in

the corresponding site investigation plan, site investigation completion report, or

corrective action completion report on forms prescribed and provided

by the

Agency and, if specified by

the

Agency

in writing,

in an electronic format.

At a

minimuni, soil boring logs

must contain the following information:

Sampling device, sample number, and amount of recovery;

Total

depth of boring to the nearest 6 inches;

Detailed field observations describing materials encountered in boring,

including but

not

limited

to soil constituents, consistency, color, density,

moisture, odors, and the nature and extent of sand or gravel

lenses or

seams equal to or greater than

inch in thickness;

Petroleum hydrocarbon vapor readings (as determined by continuous

screening of borings with field

instruments capable of detecting such

vapors);

Locations of sample(s) used for physical or chemical analysis;

Groundwater levels while boring and at completion; and

Unified Soil Classification System (USCS) soil classification group

symbol

in accordance with ASTM Standard D 2487-93, “Standard Test

ELECTRONIC

FILING,

RECEIVED,

CLERK’S

OFFICE, AUGUST 3, 2005

Method for Classification of Soils for Engineering Purposes,”

incorporated by reference in Section 734.120 of this Part, or other Agency

approved method.

Section 734.430

Monitoring

Well

Construction

and Sampling

At a minimum, all monitoring

well construction must satisfy the following

requirements:

Wells

must be constructed

in a manner that will enable the collection of

representative groundwater samples:

Wells

must be cased in a manner that maintains the integrity of the

borehole.

Casing material must be inert so

not to affect

the water

sample.

Casing requiring solvent-cement type couplings must not

used:

Wells must be screened to allow sampling only at the desired

interval.

Annular space between the borehole wall and well screen section must he

packed with clean, well-rounded

and uniform material sized to avoid

clogging by the material in the zone being monitored.

The slot size of the

screen must he designed to minimize clogging.

Screens must be

fabricated from material

that is inert with respect to the constituents of the

groundwater to be sampled;

Annular

space above the well screen section must he sealed with a

relatively impermeable,

expandable material

such

as cement/bentonite

grout that does not react with or

in any way affect

the sample, in order to

prevent contamination of groundwater samples and groundwater and avoid

interconnections.

The seal must extend to the highest known seasonal

groundwater level;

The annular space must be backfilled with expanding cement grout from

an elevation below the frost line and mounded above the surface and

sloped away from the casing so as to divert surface water away;

Wells must be covered with vented caps and equipped with devices to

protect against tampering and damage.

Locations of wells must be clearly

marked and protected against damage from vehiculartraffic or other

activities associated with expected

site use; and

Wells

must be developed to allow free entry of groundwater, minimize

turbidity of the sample, and minimize clogging.

ELECTRONIC

FlUNG,

RECEIVED, CLERK’S OFFICE, AUGUST

2005

Monitoring

well construction diagrams must

he completed for each monitoring

well.

The

well construction

diagrams

must be submitted in

the corresponding site

investigation plan,

site investigation completion

report, or corrective action

completion report

on forms prescribed and provided

by the Agency and, if

specified hy

the

Agency in writing, in an electronic

format.

Static groundwater elevations

in each well must he

determined and recorded

following

well construction

and prior to each sample collection to determine the

gradient of the groundwatcr table, and must

be reported

in the corresponding site

investigation

plan, site investigation completion report

or corrective action

completion report.

Section

734.435

Sealing of

Soil

Borings and Groundwater Monitoring Wells

Boreholes and monitoring wells

must be

abandoned pursuant to regulations promulgated by

the

Illinois

Department of Public health at 77111. Adm.

Code 920.120.

Section 734.440

Site Map Requirements

At a minimum, all site maps submitted to

the Agency must meet the following requirements:

The maps

must be of sufficient detail and accuracy to show required information;

The maps

must contain the map scale, an arrow indicating north orientation, and

the date the map was created; and

The maps

must show the folLowing:

The property boundary lines of the site, properties adjacent to the site, and

other properties that are,

may be, adversely affected by

the

release:

The uses of the site, properties adjacent to the site, and other properties

that are,

or may he,

adversely affected by the release;

The locations of all current and former USTs

at the site, and the contents

of each UST; and

All structures, other improvements, and other features at the site,

properties adjacent to the

site, and other properties that are,

or may be,

adversely affected by the release, including but not limited to buildings,

pump islands,

canopies, roadways and other paved areas, utilities,

easements, rights-of-way, and actual

or potential natural or man-made

pathways.

ELECTRONIC

FILING,

RECEIVED, CLERK’S

OFFICE, AUGUST

3, 2005

Section 734.445

Water Supply Well Survey

a minimum, the owner or operator must conduct a water supply well survey to

identify all potable water supply

wells located

at the site

or within 200 feet of the

site,

all

community water supply wells located at the site

or within 2,500 feet of

the site, and all regulated recharge areas and wellhead protection areas in which

the site

located.

Actions taken to identify the wells must include.

hut

not he

limited

to,

the following:

Contacting the Agency’s

Division of Public Water Supplies to identify

community water supply wells, regulated recharge areas,

and wehihead

protection areas;

Using current information from the Illinois State Geological

Survey, the

Illinois State Water Survey, and the

Illinois Department of Public Health

(or the county or local health department delegated

by the Illinois

Department of Public Health

to permit potable water supply wells) to

identify potable water supply wells

other than community water supply

wells;

and

Contacting the local

public water supply entities to

identify properties that

receive potable water from a public water supply.

In addition to the potable water supply wells identified

pursuant to subsection (a)

of this Section, the owner or operator must extend the water supply well survey if

soil or groundwater contamination exceeding the Tier

1 groundwater

ingestion

exposure route remediation objectives

of 35

Ill. Adm. Code 742 for the applicable

indicator contaminants extends beyond the site’s

property boundary, or,

as pan

a corrective action plan, the owner or operator proposes to leave in place soil or

groundwater contamination exceeding the Tier

groundwater ingestion exposure

route remediation objectives of

III. Adm. Code 742

for the

applicable indicator

contaminants and contamination exceeding such objectives is

modeled to migrate

beyond the site’s property boundary.

At a minimum, the extended water supply

well survey must identify the following:

ALL potable water supply wells located within 200 feet, and all community

water supply wells

located within 2,500

feet, of the current or modeled

extent of soil or groundwater contamination exceeding the Tier I

groundwateringestion exposure route remediation objectives of 35

III.

Adm. Code 742 for the applicable indicator contaminants; and

All

reguhated recharge areas and wellhead protection areas in which the

current

or modeled extent of soil or groundwater contamination exceeding

ELECTRONIC

FILING,

RECEIVED,

CLERK’S OFFICE,

AUGUST 3, 2005

the Tier

groundwater ingestion exposure route reinediation objectives of

LII.

Adm. Code 742

for the applicable indicator contaminants

is located.

The

Agency may require additional

investigation of potable water supply

wells,

regulated

recharge areas, or

wehihead protection areas if site-specific

circumstances warrant.

Such circumstances must include,

hut not be limited

to,

the

existence of one or more parcels of property within 200 feet of the current

modeled extent of

soil or groundwater contamination exceeding

the Tier

groundwater ingestion exposure route remediation objectives of 35

III.

Adm.

Code 742 for the applicable indicator contaminants where potable water

is likely

he used, hut

that is not served by a public water supply or

well identified

pursuant to subsections (a)

or (b) of this Section.

The

additional

investigation

may include,

but

not

he limited

to,

physical well surveys (e.g.,

interviewing

property owners,

investigating individual properties for wellheads, distributing

door hangers or other material that requests

information about the existence of

potable wells

on the property, etc.).

Documentation of the water supply well survey conducted pursuant to this

Section must include,

hut

not be limited

to,

the following:

One or more maps, to an appropriate scale, showing the following:

The location of the community water supply

wells and other

potable water supply wells identified pursuant to

this Section,

and

the sôtback zone for each well;

The location and extent of regulated recharge areas and wellhead

protection areas identified pursuant to this Section;

The current extent of groundwater contamination exceeding the

Tier

groundwater ingestion exposure route remediation

objectives of 35

Ill.

Adm. Code 742 for the applicable indicator

contaminants; and

The modeled extent of groundwater contamination exceeding the

Tier

groundwater ingestion exposure route remediation

objectives

of 35

ILl. Adm. Code 742 for the applicable indicator

contaminants.

The information required under this subsection (D)

is not required to be shown in a site investigation report if

modeling is not performed as part

of site investigation;

One or more tables listing the setback zones for each community

water

supply well

and other potable water supply

wells identified pursuant to

this Section;

ELECTRONIC

FILING,

RECEIVED,

CLERK’S OFFICE,

AUGUST 3,

2005

A narrative that,

at a minimum,

identifies each entity contacted to

identify

potable water supply wells pursuant to

this Section, the name and title of

each person contacted

at each entity, and field

observations associated

with the identification of potable water supply wells;

and

A certification from a Licensed ProfessionaL

Engineer or Licensed

Professional Geologist

that the water supply well survey

was conducted

accordance with the

requirements of this

Section and that the

documentation submitted pursuant to subsection (d) of this Section

includes

the information obtained as a result of the survey.

Section

734.450

Deferred

Site Investigation

or Corrective

Action;

Priority

List

for Payment

An owner or operator who has received approval for any budget submitted

pursuant to this Part

and who is eligible

for payment from the Fund may elect to

defer site

investigation or

corrective action activities until

funds are available

an amount equal to the amount approved

in the budget if the requirements of

subsection (b) of this Section are met.

Approvals of budgets

must be pursuant to Agency review in

accordance

with Subpart E of this Part.

The Agency must monitor the availability of funds and must

provide

notice of insufficient funds to owners or operators in accordance with

Section 734.505(g) of this Part.

Owners and operators must submit elections to defer site

investigation or

corrective action activities on forms

prescribed and provided by the

Agency and, ifspecified by the Agency

by written notice,

in an electronic

format.

The Agency’s record of the date of receipt must be deemed

conclusive unless a contrary date

is proven by a dated, signed receipt from

certified or

registered mail.

The Agency must review elections to defer site

investigation or corrective

action activities to determine whether the requirements of subsection (b)

of this Section are met.

The Agency must notify the

owner or operator in

writing of

its final action on any such election.

If the Agency fails to

notify the

owner or operator of its

final

action within

120 days after

its

ELECTRONIC

FILING,

RECEIVED, CLERK’S OFFICE, AUGUST 3,2005

receipt of the election,

the owner or

operator may deem

the election

rejected by operation of law.

The Agency must mail notices of final action on

an election to

defer by registered

or certified mail,

post marked with

a date stamp

and with return receipt requested.

Final action must be deemed

have

taken place

the

post marked date that such

notice

maiLed.

Any action by the Agency to reject an election, or the rejection of

an ejection by the Agency’s failure to act, is subject to appeal to

the Board within

days

after the Agency’s

fina’ action in the

manner provided for the review of permit

decisions in Section 40

of the Act.

Upon approval of an eLection to defer site

investigation or corrective

action activities until funds are available, the Agency must place the site

on a

priority

List for payment and notification of availahility of sufficient

funds.

Sites must

enter the

priority list for payment based solely on the

date the Agency receives

a complete written election of deferral, with the

earliest dates having the highest

priority.

As funds become available the Agency must encumber funds for each

site

in the order of priority in an

amount equal

the total of the approved

budget for which

deferral was

sought.

The Agency must then notify

owners or

operators that sufficient. funds have been allocated for the owner

or operator’s site.

After such notification the owner or operator must

commence site investigation

or corrective action activities.

Authorization of payment of encumbered funds for deferred site

investigation or corrective action activities must

be approved in

accordance with the requirements

of Subpart

F of this

Part.

owner or operator who elects to defer site investigation or corrective action

activities

under subsection (a) of this Section must submit a report certified by a

Licensed Professional

Engineer or Licensed Professional Geologist demonstrating

the following:

The Agency has approved the owner’s or operator’s site investigation

budget or corrective action budget;

The owner or operator has been determined eligible

to seek payment from

the Fund;

The early action requirements of Subpart

B of this Part have been met;

ELECTRON1CFThINO~ECEIVEDCLERK’S OFFICE,

AUGUST 3,

2005

Groundwater contamination does

not exceed the Tier

groundwater

ingestion exposure route remediati

n objectives of

III.

Adm. Code 742

for the applicable indicator contaminants as

a result of the release,

modeling in accordance with 35

Ill. Adm. Code 742

shows that

groundwater contamination will

not exceed

such Tier

remediation

objectives as a result of the release, and no potable water supply wells are

impacted

as a result of the release;

and

Soil contamination exceeding the Tier

groundwater ingestion exposure

route remediation objectives of 35

Ill. Adm. Code 742 for the applicable

indicator contaminants does

not extend beyond the site’s property

boundary and

is not

located within a regulated recharge area,

a wellhead

protection area,

or the setback zone of a potable water supply well.

Documentation to demonstrate that this subsection (b)(5)

is satisfied must

include, but not be limited

to, the results of a water supply well survey

conducted

in accordance with Section 734.445 of this

Part.

An owner or operator may, at any time, withdraw the election to defer

site

investigation or corrective action activities.

The Agency must he notified

writing

of the withdrawal,

Upon such withdrawal, the owner or operator must

proceed with site investigation or corrective action,

as applicable, in accordance

with

the requirements of this Part.

SUBPART F:

REVIEW OF PLANS, BUDGETS, AND REPORTS

Section

734.500

General

The Agency must have the authority to review any plan, budget, or report, including any

amended plan,

budget, or report, submitted pursuant to this Part.

All such reviews must be

subject to the procedures

set forth in the Act and this Subpart

Section

734.505

Review of Plans, Budgets,

or Reports

The Agency may review any or all technical or financial information, or both,

relied upon by

the owner or

operator or the Licensed Professional Engineer or

Licensed Professional

Geologist in developing any plan, budget, or report selected

for review.

The Agency may also review any other plans, budgets, or reports

submitted in conjunction with

the site.

The Agency must have the authority to

approve, reject, or

require modification

any plan, budget,

or report

it reviews.

The Agency must notify the owner

operator in writing of its final action on any such plan, budget, or report, except in

the case of 20 day.

day, or free product removal reports, in which case no

ELECTRONIC

FILING,

RECEIVED,

CLERK’S OFFICE, AUGUST 3~

2005

notification

is necessary.

Except

as provided

in subsections

(c)

and (d) of this

Section.

if the Agency fails to notify the owner or operator of

its final action on a

plan, budget, or report within

120 days after the receipt of a plan, budget, or

report,

the

owner or operator may deem the plan, budget, or report rejected

operation of law.

If the Agency rejects

a plan. budget,

or report

or requires

modifications, the

written notification must contain the following information, as

applicable:

An explanation of the specific

type of infonnation, ifany, that the Agency

needs

to complete

its review;

An explanation of the Sections of the Act or regulations that may be

violated if the plan,

budget. or

report

approved; and

A statement

of specific reasons why the cited Sections

of the Act or

regulations may be violated

if the plan, budget, or report

is approved.

For corrective action plans submitted by owners or operators not seeking payment

from

the Fund, the Agency may delay final action on

such plans until

120 days

after it receives

the corrective action completion report required

pursuant to

Section 734,345

of this Part.

An owner or operator

may waive the right to a final decision within

120 days

after

the

submittal of a complete plan, budget, or report

submitting written notice to

the Agency prior to the applicable deadline.

Any waiver must be for a minimum

of 60 days.

The Agency must mail

notices of final action on plans, budgets, or reports by

registered or certified mail, post marked with a date stamp and with return receipt

requested.

Final action must be deemed

to have taken place

on the post marked

date that such notice is mailed.

Any

action by

the Agency

reject or require modifications, or rejection by

failure to act,

of a plan, budget, or report must be subject to appeal to the

Board

within 35 days after

the Agency’s

final action

in the

manner provided for the

review of permit decisions in Section 40 of the Act.

In accordance

with Section 734.450 of this Part, upon the approval of any budget

by the

Agency, the Agency must include as part of the final

notice to the owner or

operator a

notice of insufficient funds if

the Fund does not contain sufficient

funds to provide payment of the total costs

approved in the budget.

Section 734.510

Standards

for Review of Plans, Budgets, or Reports

ELECTRONIC

FILING,

RECEIVED,

CLERK’S OFFICE, AUGUST

3, 2005

A technical review must consist of a detailed review of the steps proposed or

completed to accomplish the goals

of the plan and to achieve

compliance with the

Act and regulations.

Items

be reviewed, if applicable, must include, but not be

limited

to, number and placement of wells and borings,

number and types of

samples and analysis, results of sample analysis,

and protocols to be followed in

making determinations.

The overall goal of the technical review for plans must

be to determine if the plan is sufficient

to satisfy the requirements of the Act and

regulations and has been prepared in accordance

with generally accepted

engineering practices or principics of professional geology.

The overall goal of

the technical review for reports must be to determine ifthe plan has been fully

implemented in accordance with generally accepted engineering practices or

principles of professional geology,

ifthe conclusions are

consistent with the

information obtained while implementing the plan, and if the requirements of the

Act and regulations

have been satisfied.

A financial review must

consist of a detailed review of the costs

associated with

each element necessary to accomplish the goals of the plan as required pursuant to

the Act and regulations.

Items to be reviewed must

include,

but

not

be limited

to,

costs associated

with any materials, activities,

or services that are included in the

budget.

The overall goal of the financial review must be to assure that costs

associated with materials, activities,

and services must be reasonable, must

consistent with the associated

technical plan, must be incurred in the

performance

of corrective action activities,

must not be used for corrective

action activities in

excess

of those necessary to meet the

minimum requirements of the Act and

regulations, and must not exceed the maximum payment amounts set forth in

Subpart H of this Part.

SUBPART F:

PAYMENT FROM

THE FUND

Section 734.600

General

The Agency must have the authority to review any application for payment or reimbursement

and to authorize payment or reimbursement from the Fund or such other funds as the legislature

directs for corrective action activities conducted pursuant to the Act and this Part.

For purposes

of this Part and unless otherwise provided, the use of the word “payment” must include

reimbursement.

The submittal and review of applications for payment and the authorization for

payment must be in accordance with the procedures set forth

in the Act and this Subpart

Section

734.605

Applications

for Payment

An owner or operator seeking payment from the Fund must submit to the Agency

application for payment on forms prescribed and provided

the Agency and,

ELEbtRONIC

FILING,

RECEIVED,

CLERK’S OFFICE, AUGUST 3,

2005

if specified

by the Agency

by written notice,

in an electronic format.

The owner

or operator may stibmit an application for partial payment or final payment.

Costs

for which payment is sought must be approved in a budget,

provided, however,

that no

budget must be required for early action activities conducted pursuant to

Subpart

B of this Part other than free product removal

activities conducted more

than 45

days after confirmation of the presence of free

product.

A complete application for payment must consist of the following

elements:

A certification from a Licensed Professional Engineer or a Licensed

Professional Geologist acknowledged by the owner or operator that the

work performed has been in

accordance with a technical plan approved by

the Agency or, for early action activities,

accordance with Subpart

this Part;

A statement of the amounts approved in the corresponding budget and the

amounts actually sought for payment along with a certified statement

the owner or operator that the amounts so sought have been expended

conformance with the elements of a budget approved by

the Agency;

A copy of

the OSFM or Agency eligibility and deductibility

determination;

Proof that approval of the payment requested will

not exceed the

limitations set forth

the Act and Section 734.620 of this Part;

A federal

taxpayer identification number and

legal status disclosure

certification;

Private insurance

coverage form(s);

A minority/women’s business

form;

Designation of the address to which payment and notice of final

action on

the application for payment are to be sent;

An accounting of

all costs, including but not limited

to, invoices, receipts,

and supporting documentation showing the dates and descriptions

of the

work performed;

and

10)

Proof of payment of subcontractor costs

for which handling charges are

requested.

Proof of payment may include cancelled checks, lien waivers,

or affidavits from the subcontractor.

ELECTRONIC

FILING,

RECEIVED, CLERK’S OFFICE,

AUGUST 3,

2005

The address designated on

the application for payment may he changed only by

subsequent notification to the Agency,

on a form provided by

the

Agency, of a

change

in address.

Applications for payment and change of address forms

must be mailed or

delivered to

the address designated by

the

Agency.

The

Agency’s record of

the

date of receipt must be deemed conclusive unless a contrary date

is proven by a

dated, signed receipt from certified or registered

mail.

Applications

for partial

or final payment may be submitted no more frequently

than once every 90 days.

Except for applications

for payment for costs of early action conducted pursuant

to Subpart

of this Part, other than costs associated with free product

removal

activities conducted

more than 45 days after confirmation of the presence of free

product, in no case must the Agency review an

application for payment unless

there is an approved budget

on file corresponding to the application for payment.

In no case must

the Agency authorize payment to

an owner or operator in

amounts

greater than the

amounts approved by the Agency

in a corresponding

budget.

Revised cost estimates or increased costs resulting from revised

procedures must be submitted to the Agency for review in accordance with

Subpart E of this Part using amended budgets as

required under this Part.

Applications for payment of costs associated

with a Stage

1, Stage 2, or Stage 3

site investigation may

not be submitted prior to the approval or modification of a

site

investigation plan for the next stage of the site investigation or the

site

investigation completion report, whichever is applicable.

Applications for payment of costs associated

with site investigation or corrective

action that was

deferred pursuant to Section 734.450 of this Part may not be

submitted prior to approval or

modification of the corresponding site investigation

plan, site investigation completion report, or corrective action completion report.

All applications for payment of corrective action costs must be submitted no

later

than one year after the date the Agency issues

a No Further Remediation Letter

pursuant to Subpart G of this Part.

For releases for which the Agency issued a No

Further Remediation Letter prior to the effective date of this subsection (j),

all

applications for payment must be submitted no later than one year after the

effective date of this subsection (j).

Section

734.610

Review ofApplications for Payment

At a minimum, the Agency must

review each application for payment submitted

pursuant to this Part to determine the following:

ELECTRONIC F!LING,

RECEIVED, CLERK’S OFFICE,

AUGUST 3,

2005

Whether the application contains all

of the

elements and supporting

documentation required by Section 734.605(b) of this Part;

For costs incurred pursuant to Subpart B of this Part, other

than free

product removal

activities conducted more than 45

days after confirmation

of the presence of free product, whether the amounts sought

are

reasonable, and whether there is sufficient documentation

to demonstrate

that the

work was

completed in accordance with the requirements

of this

Part;

For costs

incurred pursuant to Subpart

of this Part and free product

removal activities conducted more than

days

after confirmation of the

presence of free product, whether the

amounts sought exceed

the amounts

approved in the corresponding budget,

and whether there is

sufficient

documentation to demonstrate that the

work was completed in accordance

with the requirements of this Pan and a plan approved by the Agency;

and

Whether the

amounts sought are eligible for payment.

When conducting a review of any application for payment, the Agency may

require

the

owner or operator to

submit a

full accounting supporting

all claims as

provided

in subsection (c) of this Section.

The Agency’s review may include a review of any or all elements and supporting

documentation relied upon

the owner or operator in developing the application

for payment, including but

not

limited to a review of invoices or receipts

supporting

all claims.

The review also may include the review of any plans,

budgets, or reports previously submitted for the site to ensure that the application

for payment

is consistent

with

work proposed and actually performed in

conjunction with the

site.

Following a review, the Agency must

have the authority to approve, deny or

require modification of applications for payment or portions thereof.

The Agency

must notify the

owner or operator in writing of its final

action on any such

application for payment.

Except as provided in subsection (e) of this Section, if

the Agency fails to notify the owner or operator of its final action on

application for payment within

120 days after the receipt of a complete

application for payment, the owner or operator may deem the application for

payment approved by operation of law.

If the Agency denies payment for an

application for payment or for a portion thereof or requires modification,

the

written notification must contain the following

information, as applicable:

An explanation of the specific type of information,

if any,

that the Agency

needs to complete the review;

ELECTRONIC

FILING,

RECEIVED,

CLERK’S OFFICE,

AUUUb

~UUU

An explanation of the Sections of the Act or regulations

that may

violated if the application for payment is approved:

and

A statement of specific reasons why the cited Sections of the Act or

regulations may be violated if the application for payment is approved.

An owner or operator may waive the right to a final decision within

120 days after

the submittal of a complete application for payment

by submitting written notice

to the Agency prior to the applicable deadline.

Any waiver must be for a

minimum of

30 days.

The Agency must mail notices of final action on applications for payment by

registered or certified mail, post marked with a date stamp and with return receipt

requested.

Final action must be deemed to have

taken place on

the post marked

date that

such noticc is

mailed.

The

Agency must mail notices of final action on

applications for payment, and direct

the Comptroller to mail

payments to the

owner or operator,

at the address designated for receipt of payment in the

application for payment or on a change of address form, provided

by the Agency,

submitted subsequent to submittal of the application for payment.

Any action by

the

Agency to deny payment for an application for payment or

portion thereof or to require

modification must be

subject to appeal to the

Board

within

days after the Agency’s final action

in the manner provided

for the

review of permit decisions

in Section

40 of the Act.

Section

734.615

Authorization

for Payment: Priority List

Within 60

days

after notification to an

owner or operator that the

application for

payment or a portion thereof has been

approved by the Agency or by operation of

law, the Agency

must forward to the Office of the

State Comptroller in

accordance with subsection (d) or

(e) of this Section a voucher in the amount

approved.

If the owner or operator has

filed an appeal

with the Board of the

Agency’s final decision on an application for payment, the Agency must have 60

days after the final resolution of the

appeal to forward to the Office of the State

Comptroller a voucher in the amount ordered as a result of the

appeal.

Notwithstanding

the time limits imposed by this Section,

the Agency must not

forward vouchers to the Office of the State Comptroller until sufficient funds are

available to issue payment.

The following rules must apply

regarding deductibles:

Any deductible, as determined by the OSFM or the

Agency, must be

subtracted from any amount approved for payment by the Agency

operation of law, or ordered by the Board or courts;

Only one deductible must apply per occurrence;

ELECTRONIC

FILING,

RECEIVED,

CLERK’S OFFICETAUGUST

37U0

If multiple incident numbers are

issued for a single

site in the

same

calendar year, only one deductible must apply for those incidents, even if

the incidents relate to more than one occurrence; and

Where more than one deductible determination

made, the higher

deductible must apply.

The Agency must

instruct the Office of the State Comptroller to issue payment to

the owner or operator at

the address designated

in accordance with Sections

734.605(b)(8) or

no case must the Agency authorize the Office

thc State Comptroller to issue payment to an agent, designee, or entity that has

conducted corrective action activities for the owner or operator.

For owners or operators who have deferred site classification

or corrective action

in accordance with Section 734.450 of this Part,

payment must be authorized

from

funds

encumbered pursuant to Section

734.450(a)(6) of this Part

upon approval

the application for payment by

the Agency or

by operation of law.

For owners or operators

not electing to defer site investigation

or corrective action

in accordance with Section

734.450

of this Part, the

Agency must form a priority

list for payment for the issuance

of vouchers pursuant to subsection (a) of this

Section.

All

such applications for payment must be assigned a date that is

the date

upon which the complete

application for partial or final payment was

received by the Agency.

This

date must determine the owner’s or

operator’s

priority for payment in accordance with subsection

(e)(2) of this

Section, with the earliest dates receiving the highest priority.

Once payment

is approved by the

Agency or

by operation of law or

ordered by

the Board or

courts, the application for payment must be

assigned priority

in accordance with subsection (e)(1) of this Section.

The

assigned date must be the only factor determining the priority for payment

for those applications approved for payment.

Section 734.620

Limitations on Total Payments

Limitations per occurrence:

The Agency shall not approve anypayment from the Fund to pay

an owner

oroperatorfor costs of corrective action incurred by such owner or

operator in an

amount

excess of $1,500,000per occurrence

415

ILCS

5157.8(g)(l);

and

ELECTRONIC

FILING,

RECEIVED,

CLERK’S OFFICE,

AUGUST 3,

2005

The Agency

shall not app rove any paymentfrom the Fiuid topay

an owner

oroperator tar costs of indemnification ofsuch owner or operator

in an

amount

in exces~cof $1,500,000 per occurrence

1415

1LCS

5/57.8(g)(2).

Aggregate limitations:

Notwithstanding

an)’ other provision of this

Part,

the Agency shall not

approve payment to an owner or operator from the Fund for costs of

corrective action or indemnification

incurred during a calendar year in

excess of the following atnounts based on the tiumber ofpetroleum

underground storage tanks owned or operated by such owner or operator

in Illinois:

For calendar years prior to 2002:

Amount

Number of Tanks

$1,000,000

fewer than

101

$2,000,000

101

or more

For calendar years

2002 and later:

Amount

Number of Tanks

$2,000,000

fewer than

101

$3,000,000

101

or more

415

ILCS

5/57.8(d).

Costs incurred

in excess of the aggregate amounts setfhrth

subsection

(b)(1)

of this Section

shall not be

eligiblefor payment in subsequent years

415

ILCS

5/57.8(d)(1).

For

purposes

of subsection (b) of this Section,

requests submitted by any of the

agencies,

departments, boards,

committees or commissions of the State ofIllinois

shall be acted upon

as claims from a single owner or operator

415

ILCS

5/57.8(d)(2).

For purposes

ofsubsection (b) of this Section.

owner or operator includes;

any subsidiary,

parent, orjoint stock company of the owner oroperator;

and

any company

owned by any parent,

subsidiary, orjoint stock company of

the owner or operator

415

ILCS

5/57.8(d)(3).

ELECTRONIC

FILING,

RECEIVER CLERK’S OFFICE, AUGUS

ITJ,

Section

734.625

Eligible Corrective Action Costs

Types of costs that may be eligible

for payment from the

Fund include those for

corrective action activities

and for materials or

services provided or performed

conjunction with corrective action activities.

Such activities

and services may

include,

hut are not limited

to, reasonable

costs for:

Early action activities conducted pursuant

to Subpart

B of this Part;

Engineer or geologist oversight

services;

Remedial investigation and dcsign;

Laboratory services neccssary to determine site investigation and whether

the established remediation objectives have been met;

The

installation and operation of groundwater investigation and

groundwater monitoring wells;

The removal,

treatment, transportation, and disposal of soil contaminated

by petroleum at Ievcls

in excess of the established remediation objectives;

The removal, treatment,

transportation, and disposal of water

contaminated by petroleum at levels in

excess of the established

remediation objectives;

The placement of clean backfill to grade to replace excavated soil

contaminated

by petroleum at levels

in excess of the established

remediation objectives;

Groundwater corrective action systems;

10)

Alternative technology, including but not limited to feasibility

studies

approved by the Agency;

11)

Recovery of free product exceeding

one-eighth of

an inch in

depth as

measured

in a groundwater monitoring well, or present as

a sheen

groundwater in the tank removal excavation or

on surface water;

12)

The removal and disposal of any UST ifa release of petroleum from the

UST was identified and IEMA

was notified prior to its removal,

with the

exception

of any UST deemed ineligible by the OSFM;

13)

Costs incurred

as a result of a release of petroleum

because of vandalism,

theft, or fraudulent activity

a party other than an owner or operator or

agent of an owner or

operator;

ELECTRONIC

FILING,

RECEIVED, CLERK’S

OFFICE, AUGUST

2005

14)

Engineer or geologist

costs associated with

seeking payment from the

Fund including but

not

limited to completion of an application for partial

or final

payment;

IS)

Costs associated with obtaining an Eligibility and Deductibility

Determination from the OSEM

or the Agency;

16)

Costs

for destruction and replacement of concrete,

asphalt, or paving to

the extent necessary to conduct corrective action if the concrete, asphalt,

paving was installed

prior to the initiation

of corrective action activities,

the

destruction and replacement has been certified as

necessary to the

performance of corrective action by a Licensed Professional

Engineer, and

the destruction and replacement and its

costs are approved by the Agency

writing prior to the

destruction and replacement.

The destruction and

replacement of concrete, asphalt, and paving must not

paid more

than

once.

Costs

associated

with the replacement of concrete,

asphalt, or

paving must not be paid in excess of the cost

lo install,

in the same area

and to the sante depth, the same material

that was

destroyed (e.g.,

replacing four inches

of concrete with four inches

of concrete);

17)

The destruction or dismantling and reassembly of above grade structures

in response to a release of petroleum if such activity has been certified as

necessary to the performance of corrective action by

a Licensed

Professional

Engineer and such activity and

its costs

are approved by

the

Agency in writing prior to the destruction or dismantling and re-assembly.

Such

costs must not be paid in excess of a total of $10,000 per

occurrence.

For purposes of this subsection (a)(17), destruction, dismantling, or

reassembly of above

grade structures does

not

include costs associated

with replacement of pumps, pump islands, buildings, wiring, lighting,

bumpers, posts, or

canopies;

18)

Preparation of reports submitted pursuant to Section 734.210(h)(3) of this

Part, free product removal plans and associated budgets,

free product

removal

reports, site investigation plans and associated budgets, site

investigation completion reports, corrective action plans and associated

budgets, and corrective action completion reports;

19)

Costs

associated with the removal

or abandonment of a potable water

supply well, and replacement of the well or connection to a public water

supply, whichever is

less, if a Licensed Professional Engineer or Licensed

Professional

Geologist certifies that such activity

necessary to the

performance of corrective action and that the property served by

the well

cannot receive an adequate supply of potable water from

an existing

source other than the removed or abandoned well, and the Agency

approves such activity in writing,

if the well being removed or abandoned

ELECTRONIC

FILING,

RECEIVED,

CLERK’S OFFICE, AUGUST 3,

2005

is a public water supply well, the

Licensed Professional

Engineer or

Licensed Professional Geologist

is required to certify only that the

removal or abandonment

of the well

is necessary to the p~rfonnanceof

corrective action; and

20)

Costs

associated with the repair or replacement of potable water supply

lines damaged

to the point of requiring repair or replacement as a direct

result of the

release,

if such activity

is certified

by a Licensed Professional

Engineer or Licensed Professional Geologist as necessary for the

protection

of the potable water supply

and approved by the Agency

writing.

An owner

or operator may submit a budget or application for partial

or final

payment that includes an

itemized accounting of costs

associated with activities,

materials,

or services not

identified

in subsection

(a) of this

Section if the owner

or operator submits detailed information demonstrating that the activities,

materials, or services not identified in subsection

(a) of this Section

are essential

to the completion of the minimum

corrective action requirements

of the Act and

this Part.

Section

734.630

Ineligible

Corrective Action Costs

Costs ineligible for payment from the

Fund include but

are

not limited

to:

Costs for the removal, treatment, transportation, and disposal of more than four

feet of fill material

from the outside dimensions of the UST, as

set forth in Section

734.Appcndix C of this Part, during early action activities conducted pursuant to

Section 734.210(f) of this Pan, and costs for the

replacement of contaminated fill

materials with

clean fill materials

in excess

of the amounts set

forth in Section

734.Appendix C of this Part during early action activities conducted pursuant to

Section 734.210(1) of this Part;

Costs or losses resulting from business interruption;

Costs incurred as a result of vandalism, theft, or fraudulent activity by the owner

or operator or agent of an owner or operator, including the creation of spills,

leaks, or

releases;

Costs associated with the replacement of above grade structures such

as pumps,

pump islands, buildings, wiring, lighting, bumpers, posts, or canopies, including

hut

not limited to those

structures destroyed or damaged during corrective action

activities;

Costs qf

corrective

action

incurred by an owner or operator prior

to July

28,

1989

~415 ILCS 5/57.8(j);

ELECTRONIC

FILING, RECEIVED,

CLERK’S OFFICE,

AUGUST

2UUb

(:O~t~

associated

with the procurement of a generator

identification number;

Legal

fees

or costs, including

but not limited to legal fees

or costs

for seeking

payment under this Part unless

the owner or operator prevails before the Board

and the Board authorizes payment of such costs;

Purchase costs of non-expendable materials, supplies, equipment,

or tools, except

that a reasonable rate may be charged for the usage of such materials, supplies,

equipment, or tools;

Costs associated with activities that violate any provision of the Act or Board,

OSFM, or Agency regulations;

,j)

Costs associated with investigative action,

preventive action, corrective action, or

enforcement action taken by

the

State of Illinois if the owner or operator failed,

without sufficient cause, to respond to a release or substantial

threat of a release

upon. or

in accordance

with, a notice issued by

the Agency pursuant to Section

734.125

of this Part and Section

57.12

of the Act;

Costs for removal, disposal, or abandonment of UST if the tank was

removed or

abandoned, or permitted for

removal or abandonment,

the

OSFM before the

owner

or operator provided notice to IEMA of a release of petroleum;

Costs

associated with the installation of new USTs, the repair of existing USTs,

and removal and disposal

of USTs determined to be ineligible by

the OSFM;

Costs exceeding those contained in a budget or amended budget approved

by the

Agency;

Costs of corrective action incurred before providing notification of the release of

petroleum to IEMA

in accordance with Section 734.2 10 of this Part;

Costs

for corrective action activities and associated materials or services

exceeding the minimumrequirements necessary

to comply with the Act;

Costs associated with improperJy installed sampling or

monitoring wells;

Costs

associated with improperly collected, transported, or analyzed laboratory

samples;

Costs associated

with the analysis of laboratory samples not approved by the

Agency;

Costs for any corrective activities,

services, or materials unless

accompanied by a

letter from OSFM or the Agency confirming eligibility and deductibility

accordance with Section

57.9

of the

Act;

ELECTRONIC FILING,

RECEIVED,

CLERK’S

OFFICE, AUGUST

2005

Interest or finance costs charged as direct costs;

Insurance costs charged as direct costs;

Indirect corrective action

costs for personnel,

materials, service, or equipment

charged

as direct costs;

Costs associated with

the compaction and density testing of backfill

material;

Costs associated with

sites that have not

reported a release to IEMA or

are not

required to report a release to IEMA;

Costs

related to activities,

materials, or

services not necessary to stop, minimize,

eliminate, or clean

up a release of petroleum or

its effects

in accordance with the

minimum requirements of the

Act and regulations;

Costs of alternative technology that exceed the costs of conventional technology;

aa)

Costs for

activities and related

services

or materials that are unnecessary,

inconsistent with generally accepted engineering practices or principles

professional

geology,

or unreasonable

costs forjustifiahle activities, materials,

services;

bb)

Costs requested that are based

mathematical errors;

cc)

Costs that lack supporting

documentation;

dd)

Costs proposed

as part of a budget that are unreasonable;

ee)

Costs incurred during early action that are

unreasonable;

fl)

Costs incurred on

or after

the date the

owner or operator enters

the Site

Remediation Program under Title XVII and 35

III. Adm. Code 740 to address the

UST release;

gg)

Costs incurred after receipt of a No Further Remediation Letter for the

occurrence

for which the No Further Remediation Letter was received.

This subsection (gg)

does not apply to the

following:

Costs incurred for MTBE rernediation pursuant to Section

734.405(i)(2) of

this Part;

Monitoring well abandonment costs;

ELECTRONIC

FILING,

RECEIVED,

CLERK’S OFFICE,

AUGUST

2005

County recorder or

registrar of titles fees

for recording the No

Further

Rcmediation Letter;

Costs associated with seeking payment from the Fund; and

Costs associated with remediation to Tier

remediation objectives on-site

if a court of law voids or invalidates a No Further Remediation Letter and

orders the owner or operator to achieve Tier

remediation objectives in

response to the release;

hh)

Handling

charges for subcontractor costs that have been billed directly to the

owner or operator;

ii)

Handling

charges for subcontractor

costs when the contractor has not

submitted

proof of payment of the subcontractor costs;

jj)

Costs

associated with standby and demurrage;

kk)

Costs

associated with a cotTective

action plan incurred after the Agency notifies

the owner or operator, pursuant to Section 734.355(h) of this Part, that a revised

corrective action plan is required, provided, however, that costs associated with

any subsequently approved corrective action plan

will be eligible for payment if

they meet the requirements of this Part;

Il)

Costs incurred prior to the effective date of

an owner’s or operator’s election to

proceed in accordance with this Part, unless such

costs were incurred for activities

approved as corrective action under this Pail;

mm)

Costs associated with the preparation of free product removal reports not

submitted in accordance with the schedule established in Section 734.215(a)(5) of

this Part;

nn)

Costs submitted more than one year after the date the Agency issues

a No Further

Remediation Letter pursuant to Subpart G of this

Part;

oo)

Handling charges

for subcontractor costs where any person with a direct or

indirect financial interest in the contractor has a direct or

indirect financial interest

in the subcontractor;

pp)

Costs for the destruction and replacement of concrete,

asphalt, or paving, except

as otherwise provided in Section 734.625(a)(16) of this Part;

ELECTRONIC

FILING,

RECEIVED,

CLERK’S OFFICE, AUGUST

2005

qq)

Costs incurred

as a result of the destruction

of,

or damage

to, any equipment,

fixtures, structures, utilities,

or other items during

corrective action activities,

except as otherwise provided in Sections 734.625(a)(16) or (17) of this Part:

rr)

Costs associated with oversight by

an owner or operator;

ss)

Handling charges charged by persons other than the owner’s or operator’s

primary contractor;

tt)

Costs associated

with the

installation of concrete,

asphalt, or paving as an

engineered barrier to the extent they

exceed the cost

of installing

an engineered

barrier constructed of asphalt

four inches

depth.

This subsection

does

not apply

if the concrete,

asphalt, or paving being used

as an engineered harrier

was

replaced

pursuant to Section 734625(a)(16)

of this Part;

uu)

The treatment or disposal

of soil that does

not exceed the applicable remediation

objectives for the release, unless approved by

the Agency

writing prior to the

treatment or disposal;

vv)

Costs

associated with the removal

or abandonment of a potable water supply well,

the replacenient of such a well or connection to a public water supply, except

as otherwise provided in Section 734.625(a)(l9) of this Part;

ww)

Costs associated with the repair

or replacement of potable water supply lines,

except as otherwise provided in Section 734.625(a)(20) of this Part;

xx)

Costs associated with the replacement of underground structures or utilities,

including but

not

limited to septic tanks, utility

vaults, sewer lines,

electrical lines,

telephone lines, cable lines, or water supply lines, except as

otherwise provided

Sections 734.625(a)(19)

or (20) of this Part;

yy)

For sites electing under Section 734.105

of this Part to proceed

in accordance with

this Part, costs

incurred pursuant to Section

734.210 of this Part;

zz)

Costs associated with the maintenance, repair,

or replacement of leased or

subcontracted

equipment, other than costs associated with routine maintenance

that are approved in a budget;

aaa)

Costs that exceed the maKitnum payment amounu;Expedited Unit Rate set forth in

Subpart H et4hi&-Pact provided that no Alternative Expedited

Unit Rate has

been

proposed/approved

bhh)

Costs associated with on-site corrective action to achieve remediation objectives

that are more stringent than the Tier 2 remediation objectives developed in

accordance with 35

Ill. Adm. Code 742.

This subsection (bbb) does not apply if

Karst geology prevents the development of Tier

2 remediation objectives

for on-

ELECTRONIC

FILING,

RECEIVED,

CLERK’S OFFICE, AUGUST 3, 2005

site remediation, or if a court of law voids or invalidates a No Further

Remediation

Letter and orders the owner or operator to achieve Tier

remediation

objectives on-site in response to the release.

ccc)

Costs

associated with groundwater remediation if a groundwater ordinance

already approved by

the Agency for use as

an institutional control

in accordance

with 35

Ill. Adm. Code 742 can be used

institutional

control for the release

being remediated.

Section

734.635

Payment

t6r Handling

Charges

Handling charges are eligible for payment only ifthey are equal

to or less

than the amount

determined by the following table:

Subcontract

or Field

Eligible Handling Charges

Purchase Cost:

as a Percentage of Cost:

$5,000

$5,001

$15,000

$600

of amt.

over $5,000

$15,001 -$50,000

$1,600

ofamt.

over $15,000

$50,001

-$100,000

$4,400

of amt.

over $50,000

$100,001

$1,000,000

$6,900

of amt. over $100,000

Section 734.640

Apportionment of Costs

The

Agency may apportion payment of costs

if:

The owner or operator was deemed eligible to accesw the Fundfor

payment of corrective action costsfor some,

but not all, ofthe

underground storage tanks at the site;

and

The owner or operatorfailed to justify all

costs attributable to each

underground storage tank at the site.

415

ILCS 5/57.8(m)~

The Agency

will determine, based

on volume or number of tanks, which method

of apportionment will he most favorable to the

owner or operator.

The Agency

will

notify the owner or operator of such determination in writing.

Section 734.645

Subrogation ofRights

Payment of any amountfrom

thefundfor corrective action or indemnification shall be subject to

the State acquiring

by subrogation the rights ofany owner,

operator,

or otherperson to recover

ELECTRONIC

FILING,

RECEIVED,

CLERK’S

OFFICE, AUGUST

2005

the costs oJ corrective action or indemnification tbr which the fund has compensated such owner,

operator, orperson from

the person responsible or liablebr

the

re/ease

415

ILCS

5/57.8(h)I.

Section 734.650

Indemnification

owner or operator seeking indemnification

from the Fund for payment of costs

incurred as

a result of a release of petroleum

from an underground storage

tank

must submit to the Agency a request for payment on forms prescribed

and

provided

the Agency and, if specified

the Agency

by written notice,

in an

electronic format

A complete

application for payment

must contain the following:

A certified statement

by the owner or operator of the amount

sought for payment;

Proof of the legally enforceable judgment, final order, or

determination against

the owner or operator, or

the legally

enforceable settlement entered into

by the owner or

operator. for

which indemnification

is sought.

The proof must

include,

but

not

be limited

to, the following:

A copy of

the judgment certified

by the court clerk as

a true

and correct copy, a copy of the final

order or determination

certified by

the issuing agency of State government or

subdivision thereof as a true and correct copy,

or a copy of

the settlement certified by the owner or operator as a true

and correct copy; and

ii)

Documentation demonstrating that the judgment, final

order, determination, or settlement arises out of bodily

injury

or property damage suffered as

a result of a release

of petroleum from the

UST for which the release was

reported, and that

the UST is owned or operated by

the

owner or operator;

A copy of the OSFM or Agency eligibility and deductibility

determination;

Proof that approval of the indemnification requested will

not

exceed the limitations

set forth

the Act and Section 734.620 of

this

Part;

A federal taxpayer identiftcation number and legal status

disclosure certification;

ELECTRONIC

FILING,

RECEIVED, CLERK’S OFFICE,

AUGUST

2005

A private insurance coverage

form; and

Designation of the address to which payment and notice of final

action on

the request for indemnification are to he sent to the

owner or operator.

The owner’s

or operator’s address designated

on the application for

payment may be changed

only by subsequent notification

to the Agency,

a form provided

by the Agency, of a change of address.

Applications for payment must be mailed or delivered to the address

designated

by the Agency.

The Agency’s

record of the date of receipt

must he deemed conclusive unless a contrary date

is proven by

a dated,

signed receipt from certified or

registered mail.

The Agency must review applications

for payment in accordance with

this

Subpart

In addition, the Agency must review each application for payment to

determine

the following:

Whether the application contains

all of the information and supporting

documentation required by subsection (a) of this Section;

Whether there is sufficient documentation of a legally enforceable

judgment entered against the owner or

operator in a court of law, final

order or determination

made against

the

owner or operator by an agency of

State government or any subdivision thereof, or settlement entered into by

the owner or operator;

Whether there is sufficient documentation that the judgment, final order,

determination, or

settlement arises out of bodily injury

property damage

suffered

as a result of a release of petroleum from

an underground storage

tank owned

or operated by the owner or operator;

and

Whether the amounts sought for indemnification are eligible forpayment.

If the application for payment of the costs of indemnification is deemed complete

and otherwise satisfies all applicable requirements

of this Subpart F, the Agency

must forward the request for

indemnification to the Office of the Attorney

General for review and approval in accordance with

Section 57.8(e) of the Act.

The owner or operator’s

request for indemnification must not be placed on the

priority list for payment until the Agency has received the written approval

of the

Attorney General.

The approved application for payment must then enter the

priority list established at Section

734.61

5(e)(J)

of this Part based on

the date the

complete application was

received by the Agency in accordance with Section

57.8(c) of the Act.

ELECTRONIC

FILING,

RECEIVED,

CLERK’S OFFICE, AUGUST

2005

Costs

ineligible for indemnification from the Fund

include, but

are not limited to:

Amounts an owner or operator is not legally obligated to pay pursuant to a

judgment entered against the owner or operator in court of law,

a final

order or determination made against the owner or operator by

an agency of

State government

or any subdivision thereof, or any settlement entered

into

the

owner or operator;

Amounts of a judgment, final order, determination, or settlement that do

not arise out of bodily

injury or property damage suffered

as a result of a

release

of petroleum from

an underground storage

tank owned or

operated

the owner or operator;

Amounts

incurred prior to

July 28.

1989;

Amounts incurred prior to

notification of the

release of petroleum to

IEMA

in accordance with Section 734.210 of this Part;

Amounts

arising out of bodily injury or property damage suffered

as a

result of a release of petroleum from an underground

storage tank for

which the owner or operator is not

eligible to access the Fund;

Legal

fees or costs,

including but

not limited to legal

fees or costs for

seeking payment under this Part unless the owner or operator prevails

before

the Board and the Board authorizes payment of such costs;

Amounts associated with activities that violate any provision of the Act or

Board, OSFM, or Agency regulations;

Amounts associated with investigative action, preventive action,

corrective action,

or enforcement action taken by the State

of Illinois if the

owner or operator failed, without sufficient cause,

to respond

to a release

or substantial threat of a release upon, or in accordance with, a notice

issued by the Agency pursuant

to Section 734.125

of this Part and Section

57.12 of the Act;

Amounts associated with a release that has not been reported to IEMA or

is not required to be reported to

JEMA;

10)

Amounts incurred on

or after the

date the owner or operator enters the Site

Remediation Program under Title XVII and 35

III.

Adm. Code 740 to

address the UST release; and

II)

Amounts incurred prior to the effective date of the owner’s or operator’s

election to proceed

accordance with this Part.

ELECTRONIC

FILING,

RECEIVED, CLERKS OFFICE, AUGUST

2005

Section

734.655

Costs Covered

by Insurance, Agreement, or

Court Order

Costs ofcorrective action or

indemnification

incurred by an

owner oroperator

which

have been

paid to an owner or operator under a pa/ic)’ of

insurance,

another

written agreement, or a court

order are not

eligible/or

payment

from

the Fund

owner or

operator who receives payment

under a policy

of insurance,

another

written agreement,

or a court order shall reimburse the

State

to the extent such payment covers

costs

for

which payment

was

receivedfrom

the Fund

415

ILCS

5/57.8(e)J.

Section 734.660

Determination

and Collection

of Excess Payments

If, for

any reason, the Agency determines that an excess

payment has been paid

from the Fund, the Agency may take steps to collect the excess

amount pursuaut

to subsection (e) of this Section.

Upon identifying an excess

payment, the Agency must notify the owner or

operator receiving the excess

payment by certified or registered mail,

return receipt requested.

The notification letter must state the amount of the excess payment and the

basis for the Agency’s determination that the payment

in error.

The Agency’s determination of an

excess payment must be subject

appeal to the Board in the manner provided for the review of permit

decisions in Section 40 of the Act.

An excess payment from the Fund

includes, but is not limited

to:

Payment for a non-corrective action cost;

Payment

in excess of the limitations

on payments set forth in Sections

734.620

and

734.635 and

Subpart

H of this Part;

Payment received through fraudulent means;

Payment calculated on

the basis of an arithmetic

error;

Payment calculated by the Agency

in reliance on incorrect

information; or

Payment of costs that

are

not eligible for payment.

Excess payments may be collected using any of the following procedures:

ELECTRONIC

FILING,

RECEIVED, CLERKS OFFICE, AUGUST

2UUb

Upon notification

of the determination of

an excess

payment in

accordance with subsection (a) of this Section

or pursuant to a Board order

affirming such determination upon

appeal, the Agency may attenipt

negotiate a payment schedule with the owner or operator.

Nothing

in this

subsection (e)(I) of this Section must prohibit the Agency from

exercising

at any time its options at subsection (c)(2) or (c)(3) of this Section or any

other collection methods available to the Agency by

law.

If an owner or operator submits

subsequent claim for payment after

previously receiving an

excess

payment from

the Fund, the Agency may

deduct the excess payment amount

from

any subsequently approved

payment amount.

If the amount

subsequently approved is insufficient

recover

the entire amount of the excess

payment, the Agency may use the

procedures

in this Section or any other collection

methods available to the

Agency by

law to collect

the remainder.

The Agency may deem an

excess payment amount to be a claim or debt

owed the Agency, and the Agency may use the Comptroller’s Setoff

System

for collection of the claim or debt

in accordance

with Section

10.5

of the

“State Comptroller Act.”

ILCS 405(10.05 (1993).

Section

734.665

Audits

and

Access

to Records;

Records Retention

Owners

or operators that submit a report,

plan, budget, application for payment,

or any other data or document tinder this Part, and Licensed Professional

Engineers and Licensed Professional Geologists that certify such report, plan.

budget, application for payment,

data,

or document, must maintain all books,

records,

documents, and other evidence directly pertinent to the report. plan,

budget, application for payment, data, or document, including but not limited to

all financial information and data used

in the preparation or support of

applications for payment.

All hooks, records, documents, and other evidence

must be maintained

in accordance with accepted business

practices and

appropriate accounting procedures and

practices.

The Agency

or any of its duly authorized representatives must have access to the

books, records,

documents, and other evidence

set

forth in subsection (a) of this

Section during normal business hours for the purpose of inspection, audit, and

copying.

Owners, operators, Licensed Professional Engineers,

and Licensed

Professional Geologists must provide proper facilities for such access and

inspection.

Owners, operators, Licensed

Professional Engineers,

and Licensed Professional

Geologists must maintain the books, records, documents,

and other evidence

set

forth in subsection (a) of this Section and make them available to the Agency

its authorized representative until

the latest

of the following:

ELECTRONIC

FILING,

RECEIVED,

CLERK’S

OFFICE, AUGUST 3,

2005

The expiration of 4 years

after the date the Agency

issues a No Further

Remediation Letter issued pursuant to

Subpart 0 of this Part;

For books, records, documents, or other evidence relating to an appeal,

litigation, or

other dispute or claim,

the expiration of

3 years after the date

of the final disposition of the appeal, litigation, or other dispute or claim;

The expiration of any other applicable record retention period.

SUBPART G:

NO FURTHER REMEDIATION

LETTERS

AND RECORDING REQUIREMENTS

Section

734.700

General

Subpart 0 provides the procedures for the

issuance of No Further Remediation Letters under

Title XVI and this Part.

Subpart C also sets forth the recording requirements and the

circumstances under which the

letter may be voidable.

Section

734.705

Issuance of a No

Further Remediation

Letter

Upon approval by the

Agency of a report submitted pursuant to Section

734.210(h)(3) of this Part or a corrective

action completion report, the Agency

must

issue to the owner or operator a No Further Remediation Letter.

The No

Further Remediation Letter must have the legal effect prescribed in Section 57.10

of the Act.

The

No Further Remediation Letter must be denied if the Agency

rejects

or requires modification of the applicable report.

The Agency must have

120 days after the date of receipt of the applicable report

to issue a No Further Remediation Letter and may include the No Further

Remediation Letter as part of the notification of approval of the report in

accordance with Subpart E of this Part.

If the Agency fails to send the No Further

Remediation Letter within

120 days,

it must be deemed denied by operation of

law.

The notice of denial of a No Further Remediation Letter by

the Agency may be

included with the notification of rejection or modification of the applicable report.

The reasons for the denial of the

letter must be stated in the notification.

The

denial must be considered a final

determination appealable to the Board within

days after the Agency’s final action in the manner provided for the review of

permit decisions in Section 40 of the Act.

If any request for a No Further

ELECTRONIC

FILING,

RECEIVED, CLERKS OFFICE, AUGUST

2005

Remediation Letter

is denied by

operation of law, in

lieu of an

immediate repeal

to the

Board the owner or operator may either resubmit the request and applicable

report to the Agency

or file a joint request

for a 90 day extension in the manner

provided for extensions of permit decision in

Section

40 of the Act.

The Agency must mail

the No

Further Remediation Letter by registered or

certified mail, post marked with a date stamp and with return receipt requested.

Final

action must be deemed

have taken place

on the

post marked date that the

letter

mailed.

The Agency at any time may correct errors in No Further Remediation Letters

that arise from oversight, omission, or clerical mistake.

Upon correction of the

No Further Remediation

Letter, the Agency must mail the corrected letter to the

owner or operator as

set

forth

in subsection (d) of this Section.

The corrected

letter must be perfected by recording

in accordance with

the requirements of

Section 734.7 15 of this Pail.

Section 734.7

Contents of a

No Further Remediation Letter

A No

Further Remediation Letter issued pursuant to this Part must include all of the following:

An acknowledgment that the requirements of the applicable report were satisfied;

A description of the location of the affected property by adequate legal

description or

by reference to a plat showing

its boundaries, or, for the purposes

of Section 734.715(d) of this Part, other means sufficient

to identify the

site

location

with particularity;

A statement that the remediation objectives

were determined in accordance

with

Ill.

Admit. Code 742, and

the identification of any land use limitation, as

applicable, required by

III.

Adm.

Code 742

as a condition of the remediation

objectives;

A statement that the Agency’s issuance of the No

Further

Remediation Letter

signifies that:

All statutory and regulatory corrective action

requirements applicable to

the occurrence have been complied

with;

All corrective action concerning the remediation of the occurrence has

been completed; and

Nofunher

corrective action

concerning the occurrence is necessary fhr

the protection of human

health,

safety and the environment

415

ILCS

5/57. 10(c)(

1 )-(3), or, if the No Further Remediation Letter

is issued

V4MI.

ELECTRONIC FILING,

RECEIVED, CLERK’SOFFtEAW~-~J.

pursuant

to Section 734.350(e)

of this Part, that the

owner or operator has

demonstrated to the Agency’s

satisfaction an inability to obtain access

an off-site property despite best efforts

and therefore is not required

perform

corrective action on the off-site property in order to satisfy the

corrective action requirements of this Part, but

is not relieved of

responsibility to clean

up portions of the release that have migrated off-

site.

The prohibition under Section 734.715(e) of this Part against the use of any site in

a manner inconsistent with any applicable land use

limitation, without

additional

appropriate remedial activities;

A description of any approved preventive, engineering, and institutional controls

identified

the plan or report and notification that failure to manage the controls

in full compliance with the

ternis of the plan or report may result

in voidance of

the No Further Reniediation Letter;

The recording obligations pursuant to Section 734.715 of this Part;

The opportunity to request a change in the recorded land use pursuant to Section

734.715(e) of this Part;

Notification that further information regarding

the

site can be obtained from the

Agency through a request under the Freedom of Information Act

ILCS

140;

and

Any other provisions agreed to by the Agency and the owner

or operator.

Section

734.715

Duty

to Record a No Further Remediation

Letter

Except as

provided in subsections (c)

and (d) of this Section, an owner or operator

receiving a No Further Reniediation Letter from the Agency pursuant to this

Subpart G must submit the letter, with a copy of any applicable

institutional

controls

(as set forth in 35 III.

Adm. Code 742.

Subpart J) proposed as part of a

corrective action completion report, to the Office of the Recorder or the Registrar

of Titles of the county in which the site

is located within

45 days after receipt of

the letter.

The letter and any attachments must be filed in accordance with Illinois

law so that they form a permanent part of the chain of title for the site.

Upon the

lapse of the

dayperiod

for recording, pursuant to Section 734.720(a)(5) of this

Part the Agency

may void an unrecorded No Further Remediation Letter for

failure to record

in a timely manner.

Except as provided in subsections (c) and (d) of this Section, a No Further

Remediation Letter must

be perfected upon the date of the official recording

such letter.

The owner or operator must obtain and submit to the Agency, within

ELECTRONIC

FILING,

RECEIVED, CLERK’S OFFICE, AUGUST 3, 2005

days after

the official

recording date, a certified

or otherwise accurate and

official

copy of the letter and any attachments

as recorded.

An tinperfected No

Further Remediation Letter

is effective

only as between the Agency

~tndthe

owner or

operator.

For

sites located in a highway authority right-of-way, the following requirements

must apply:

In order for the No Further Remediation Letter

to be perfected,

the

highway authority with jurisdiction over the

right-of-way must enter into

Memorandum of Agreement (MOA) with the Agency.

The MOA must

include, but

is not limited

to:

The name of

the site, if any, and any highway authority or Agency

identifiers (e.g.,

incident number. Illinois inventory identification

number);

The address of the site (or other description sufficient to

identify

the location of the

site with certainty);

A copy of the No Further Remediation

Letter for each site subject

to the MOA;

Procedures for tracking sites subject to the MOA so that all

highway authority offices and personnel whose responsibilities

(e.g.,

land acquisition, maintenance, construction, utility permits)

may

affect land use limitations

will have notice of any

environmental

concerns and land use

limitations applicable to

site;

Provisions

addressing future conveyances (including title

or any

lesser form of interest)

or jurisdictional

transfers of the site to any

other agency, private person or entity and the steps that will be

taken to ensure the

long-term integrity of any land use limitations

including, but not limited

to, the

following:

Upon creation of a deed, the recording of the

No Further

Remediation Letter and any other land use limitations

requiring recording under 35

111.

Adm.

Code 742, with

copies

of the recorded

instruments sent to the Agency

within

days after recording;

ii)

Any other

arrangements necessary

to ensure that property

that is conveyed or transferred remains subject to any land

use limitations

approved and implemented as part of the

ELECTRONIC FILING,

RECEIVED, CLERK’S

OFFICE, AUGUS

ZUUt

corrective action plan and the No Further Remcdiation

Letter;

and

iii)

Notice to the Agency at least 60 days prior to any such

intended conveyance or transfer indicating

the

mechanism(s) to be used to ensure that any land use

limitations

will

he operated or

maintained as required in the

corrective action plan and

No Further Remediation Letter;

and

Provisions for notifying

the Agency ifany actions taken

by the

highway authority or its permittees at the site result in

the failure or

inability to restore the site to meet the requirements of the

corrective action plan and the No Further Remediation

Letter.

Failure

to comply with the reqtnrements of this subsection (c) ‘nay result

in voidance of the No Further Remediation Letter pursuant to Section

734.720 of this Part as well as any other penalties that niay be

available.

For sites located on Federally Owned Property for which the FedeTal Landholding

Entity does not

have the

authority under federal

law to record institutional

controls on the chain of title, the following requirements must

apply:

To perfect a No Further Remediation

Letter containing any restriction on

future land

use(s), the Federal Landholding Entity or Entities responsible

for the site must enter into a Land Use Control

Memorandum of

Agreement (LUC MOA) with the Agency that requires the Federal

Landholding Entity to do, at a minimum, the following:

Identify the location on the Federally Owned Property of the site

subject to the No Further

Remediation Letter.

Such identification

must be by

means of common address, notations in any available

facility

master land use plan, site specific

GIS

or GPS coordinates,

plat maps, or any other means that identify the site

in question

with

particularity;

Implement periodic

site inspection procedures that ensure

oversight by the Federal Landholding Entities

of any land use

limitations

or restrictions

imposed pursuant to the No Further

Remediation Letter;

Implement procedures

for the Federal Landholding Entities to

periodically advise the

Agency of continued compliance with all

maintenance and inspection requirements set forth in the LUC

MOA;

ELECTRONIC

FILING,

RECEIVED,

CLERK’S

OFFICE, AUGUST

2005

Implement procedures for the Federal Landholding Entities to

notify

the Agency of any planned

or emergency changes

in land

use that may adversely impact land use limitations or restrictions

imposed pursuant to the

No Further Remcdiation Letter;

Notify the Agency at least

days

in advance of a conveyance by

deed or

fee simple title, by the Federal Landholding Entities, of the

site or sites

subject to the No Further Remediation Letter,

to any

entity

that will

not

remain or become a Federal Landholding

Entity,

and provide the Agency with information about how the

Federal Landholding Entities will

ensure the No Further

Remediation Letter is recorded on

the chain of title upon transfer

of the property; and

Attach

to the LUC

MOA

a copy of the No Further Rernediation

Letter for each

site subject

to the LUC

MOA.

To perfect a No

Further Remediation letter containing no restriction(s)

future land use,

the Federal Landholding Entity must submit the letter to

the

Office of the Recorder or the Registrar of Titles of the county

in which

the

site

is located

within

days after receipt of the letter.

The letter must

be filed in accordance

with Illinois law so it forms a permanent

part of the

chain of title.

The Federal Landholding Entity must

obtain and submit to

the Agency,

within

30 days

after recording, a copy of the letter

demonstrating that the recording requirements have been satisfied.

Failure to comply with the requirements

of this subsection

(d) and the

LUC

MOA may result in voidance of the No Further Remediation Letter

well as any other penalties that may be

available.

no time must any site for which a land use limitation has been

imposed

as a

result of corrective action under this Part be used

in a manner inconsistent with

the land use limitation

set forth

in the No

Further Remediation Letter.

The land

use limitation specified in the No Further Remediation Letter may be revised only

the perfecting of a subsequent No Further Remediation Letter,

issued pursuant

to Title

XVII

of the Act and regulations thereunder, following further

investigation or remediation that demonstrates the attainment of objectives

appropriate for the new land use.

Section 734.720

Voidance of

No Further Remediation Letter

The No Further Remediation Letter must be voidable if site activities

are not

carried out

in full compliance with the provisions of this Part, and 35111. Adm.

Code 742 where applicable, or

the remediation objectives upon which the

issuance of the No Further Remediation Letter was based.

Specific

acts

ELECTRONIC

FILING,

RECEIVED,

CLERK’S OFFICE, AUGUST 3, 2005

omissions that may result

in voidance

of the No Further Remediation Letter

include,

but

not

limited

to:

Any violations of institutional controls or land use restrictions,

applicable;

The

failure of the

owner or operator

or any subsequent transferee to

operate and maintain preventive, engineering,

and institutional controls;

Obtaining the No

Further Remediation Letter

by fraud or

misrepresentation;

Subsequent discovery of indicator contaminants related to the occurrence

upon which the No Further

Remediation Letter was based

that:

were not identified

as part of the investigative or remedial

activities

upon

which the issuance of the No Further Remediation

Letter was based;

results in

the failure to meet the remediation objectives established

for the

site; and

pose a threat to human health or

the environment;

Upon the lapse of the 45

day period for recording the No Further

Remediation Letter, the failure to record and thereby perfect the No

Further Remediation Letter

in a timely

manner;

The disturbance or removal of contamination left in place under

approved plan;

The failure to comply with the requirements of Section 734.715(c) of this

Part and the Memorandum of Agreement entered

in accordance with

Section 734.7 15(e) of this Part for a site that is located in a highway

authority right-of-way;

The failure to comply with the requirements of Section 734.715(d) of this

Part and the LUC

MOA entered in accordance with Section 734.715(d) of

this Part for a site

located on Federally Owned Property for which the

Federal Landholding Entity does

not have the authority under federal law

to record institutional controls on the chain of title;

The failure to comply with the requirements of Section 734.715(d) of this

Part or the failure to record

aNo Further Remediation Letter perfected in

accordance with Section 734.715(d) of this Part within 45 days following

the transfer of the

Federally Owned Property subject to the No Further

ELECTRONIC

FILING,

RECEIVED, CLERK’S OFFICE,

AUGUST

2005

Remediation Letter to any entity that will

not remain or become a Federal

Landholding Entity; or

10)

The failure to comply with the notice or confirmation requirements of 35

Ill. Adm. Code 742.1015(b)(5) and

(c).

If the Agency seeks to void a No Further Remediation Letter,

must

provide a

Notice of Voidance to the cunent

title holder of the site and the owner or operator

at his or her last known address.

The

Notice of Voidance

must specify the

cause for

the voidance

and

describe

the facts

in support

of the cause.

The

Agency must

mail Notices

of Voidance by registered

or certified mail,

date stamped with return receipt requested.

Within

days after receipt of the Notice of Voidance,

the current title holder and

owner

or operator of the site at the time the

No Further Remediation Letter was

issued may appeal

the Agency’s decision to the

Board in the manner provided for

the review of permit decisions in Section 40 of the Act.

If the Board fails to take final

action within

120 days, unless such time period

waived by

the petitioner, the petition must be deemed denied and the petitioner

must be entitled to an appellate court order pursuant to subsection (d) of Section

of the Act.

The Agency must have the burden of proof in such action.

If the Agency’s action

is appealed, the

action must not become effective

uut.il the appeal

process has been exhausted and a final decision

is reached

the Board or courts.

Upon receiving a notice of appeal, the

Agency must file

a Notice

of lis pendens

with the Office of

the Recorder or the Registrar of

Titles for the county in which the site

is located.

The notice must

he filed in accordance with Illinois

law so that

it becomes a part of

the chain of title for the

site.

If the Agency’s action is not upheld on appeal, the Notice of

lis

pendens must be removed in accordance with Illinois law within

days

after receipt of the final

decision of the Board or the

courts.

If the Agency’s action is not

appealed or is upheld on appeal, the Agency

must submit the Notice of Voidanee

to the

Office of the

Recorder or the

Registrar of Titles forthe

county in which the site

is located.

The Notice

must he

filed in accordance

with Illinois

law so that

it forms a permanent

part

the chain of title

for the site.

ELECTRONIC FILING,

RECEIVED,

CLERK’S oFFICE,

AUGUST 3, 2005

--S

SUBPART

FL:

EXPEDITED

UNIT

RATES

& MAXIMUM

PAYMENT AMOUNTSUNLT RATES

Section 734.800

Applicability

This

Subpart

U provides

the

L~j~ediied

U,zit

Rates

and

Maunnun

Uqj~_Thiles

that

can

paid

from

the

Fund

for ihej~pduclsand

services

necessary to

comply

with this

Part

and

pfovIØ~_g~ndance

for dctermiijjjjg the

Quantity

of_products and_services that

are considered

reasonable

or purposes of reimbursement

front

the

Fund,

also

provides the

method

for determining

the

Ertendcd (‘acts

per product

or service

that

are reasonable

for purposes of

reimbursement

the

Fnnd

In this

Su~p~çL.

prodocts and

services

that

may

typically

necessiiry

order

to comply

with

this

Par

are

grouped

into

three catcgorie~~.

The

first

of these

held

Pmd,,cis

and

Scrricei

which typically

includes,

but

are

not

limited

to,

products.

,~~l1(I

Ncmc?~

atiflhihe

necess~fl

during

activities such

as, hut

not limited to

oduct

removal.

drilling, probing,

excavation.

enaineered

harrier

installation.

etc.

Expedited

Unit

Rates

for

Field Products

and Services

are

covered

Sections

734.810

through

734.835

and

App~jj~jix

The

second

category

Professioua/

(‘onsultin.g

Products

Services.

These

are_products

and

services

that

arc

necessary to

design, oversee,

analyze,

manage

and document

ulvestigative

and

remedial

activities

during

corrective

action

proiect,

weJl_

the

professional

consulting

services

necessary

perform

all

Agency

required,

planning,

budgeting,

reporting,

correspondence, etc~~~pedited

Unit

Rates

for Professional

Consulting Products

and

Services

are

covered

Section

734.845

and

Appendix

Hereinafter,

Field

Products

and

Services,

~pItieal&

Testing

Products

and

Services and

Professional

consulting

Products

& Services

are collectively referred to as

Standard Products

& Services.

This Sukpart

also

groups

work activities

required tQhe conducted

in order

to comply

with

this

part

into

the

Standardized Tacks

set

forth

in Appendix I) (hereinafter referred to as l’ask(s)).

Appendtx

Schedule

Standard

Products

Services,

sets

forth

list

standardized

Products & Services

that

are commonly used

in relation

to varioq~J~ks

conducted

order

comply

with

this

Part.

Also

provided

Appendix

arc

the

Agency-approved

Billin.g

Methods,

Units of Measure

and

EKpedited

Unit Rates

for

each

Standard

Product

Service

listed.

Section 734.805

Genera!

When seeking reimbursement from the

Fund, owners or4p~ratorsmust utilize one or more of

the

Standard

Products

and

Services

listed

Appendix

All

budg~jproposalsand claims

for

reimbursement

shall

identify

the Appendix

Task(s) being

performed

wcll

the

~ppheahlc

Standard Prod~jc~fs)

or Service(s) and their associated Bill~ij~~~thod

and Units of

Measure as provided

in Appendix F.

ELECTRONIC

FILING,

RECEIVED, CLERKS OFFICE, AUGUST

20(Th

An owner or operator

that

incurs

cx~(~oi~uLaunit rate 1’~~ri’

Standard

Prodtict

Sejyice

excess

the Expedited

Unit

Ra~~iDvisjed_jB_ppi~daj~maseektprecover_costs

in excess

oflhe~~itedVnitRptepmfwuj~reYrQi’Lcioti.c¶

either

Section 731.855 or 734.860

this Subpart If

ii.)

An owner or qpp~atprjpayobtain, on

a sitç~peeificbasis, an

Expedited (lint Rate

for the cost of a

product or service not

isied in App~pdixE by dcmonstrai

pgjjiat

the product or

service

is not coveie~h

ope or

more of the Standard Products

Services listed

in Appendix

is reasonable

and meets the

r~iuirementsof Sections 734.625 and 734.630 of Su~pp~F.Ii

making

this den ions

I ration

the

OWIICr/Operator

may

obtain

hice

bids

for services pursuant to Section

734.855.

iii.)

Ati owner or qpcr!gpr that

tucurs or anticipates incunj~gcosts

iii

excess of the Expedited Unit

Rate may recover costs

site-specific

basis

in excess of

the Expedited

Unit Rate

ineetipg

the

requirements

of Section

734.862.

For purposes of reimbursement

from

the Fund,

a proposed or

claimed eo~_pgrj~pit

rneasure_çqpjiito

or less

than the

Evpedited Unit

Rj~pj~~vided

Appendix

E, or unit

rate otherwise approved

pprsuant to suhparagraphs

i.),

ii.)

iii.) of this paragraph (a)

shall hc_pçç~timedto be reasonable.

h)__Aa.pwlier/gp~rais~r

seekipg rejmbursement from

the

Fund must demonstrate thiattjj~_Qppptit

of ~

Qur~

uant

sob

xmi

rahu.

ijj

ara

rahija.Lof

this

Subpart

thereinafter

~Standard

Products

and

Service~)~

are

reasonable

for

the

Task

~jpg

p~rformcdand

not

exceed

the

mininxum

requirements

the

Act.

order

validate

that

the_proposed/claimed

Quantity

Standard

roduct

or Service

reasonable

the owner or operator shall demonstrate th~~jjQwii2gj

~prT~iskserformed

pursuant to Subpart

of this

Pa~1

and

with the

~Metionoihose

Tasks associated with~ert2ductremovah

perjhrmed

pursuant to an

approved pjp~the owner or operator shall

demonstrate that the Task

performed is necessary to meet

the minimum

~quirements of the Act, or

is otherwi~ehiihkfor_reimhurserpent

from the Fun4

and that the Quantity of Products and Services provided

relation to a particular Task

does

not exceed the quantity neces~r

(i.e.

determination astothe

number ofProfess;onq/_~Qt~c:ilti1;’,Seryice

!,ou,ic that are appropj fat

6~J’a,vksconduced,urc,tant to this

ELECTRONIC

FILING,

RECEIVED,

CLERK’S OFFICE,

AUGUST 3, 2005

the

shall (ft/hen

t/icJ~uIdonciJ?zoiufrd

i/i

4JIIitiI?LRL

jjj_)7ptFask,s associated

with free productrcnuwjjpç4oj~edtijstijpitto

734.210

or Tasks

performed ptirsttant

to Stibpart C or D of

(his

Lii~pwier~r

operator must obtain prior~g~jjçyj~pproval

of a

Wsirk Plan and Budget._The

approved

Work Plan and Budget shall

~j~cifyjhe

Tasks

that

are required

in order to meet

the mininitm~

requiremenisof the

Act

arid the

Qoant it v

of each Prodtict and Service

~uired

per Task.

The Agency

shall consider a Task to he

necessary if

the

work

activities_associated

with

the

Task are reasonahjyreqpircd

order

to achiex

orsoioiiacfflevementofconiphiance

with the Aç~

and shall eonS

the

uantitv of a

Product or Service to be

reasonable

isqpg~pvedin

the correspo

inie\~orkPh

Budget.

In niakirigadeterinination

is io the Qu~jjijtttsJofaclaimed

QLproposed Product(s) and/or Seixiccs) that

are reasonable for each of

ad!iereto

the

Quantity

gtndanee

provided

in Sections 734.810 throtigh 734.845

ofthi&+u+4-Appcndix

toi.his Subpart.

Quantity that it

proved

in a

Budget or otherwise

flppfove.d

pursuant to the

Provisions of Secnon 734.810 thj~pg~

234~84jprApendixF shall he

known

as a

i?eavonah/ç.Quantitv.

Owner/Operator

seeking

reimbursement

from

the Fund

must

demonstrate that

the

Evtended

Costs

Standard

Products

and

Services

reasonable.

For

purposes

determining whether the

Evtended

Costs

for

a partictilar Standard

Product or

Service

reasonable the

Agency shall

multiply the Expedited

Unit Rate

the

rate

that

may

have

been

approved

pursuant

the

provisions

734.805

(a).

whichever

higher,

for the Standard Product(s) and/or Service(s)

the

Reasonable Quantity approved in

the

Bu4gç_t

claimed

the

reimbursement

request

(provided

that

the

number

units

claimed

the

reiirihursenicnt

request

does

not

exceed

the

remaining

Reasonable Quantity balance).

The

product of

the

applicable Expedited

Unit Rate

rate

approved

pursuant

734.805

(a),

multiplied

the

remaining

Reasonable

Quantity

shall

presumed

reasonable

Extended

Costs

for

purposes

reimbursement from

the Fund.

three methods for deteimining the

maximum amounts that can

he paid from the

Fund for eligible corrective action costs

All

costs associated with conducting

corrective action are grouped

into

the tasks

set

forth

in Sections 731.810 through

731.S5O

of this Part.

The

first method

for determining the

maximum

amount

that

can

he paid for each tusk

is to ase

the

maximum amounts for each task set forth in

those Sections,

and Section 731.870.

In some cases the maximum

amounts are

specific dollar amounts, aR4in other cases the maximum amounts are

determined

on a site

specilic basis.

——As

alternative to using the amounts set

forl.h

in Sections 731.810

through 731.850 of thti~—Pamt,the second

method fordetenmining the

nmximn-re

ELECTRONIC

FILING,

RECEIVED,

CLERK’S OFFICE, AUGUST 3, 2005

ft~a+~44e

H~~&~nh*kImg-34*aetettbtflte-W4+h

Seefi++3+—fl-4-r&S5-++f4hi-s--Pais.

As stated

in that

Section. when hidd im—is-w+e4-4f

the—lswe,4— hid

for a partictmkr4÷.;k

less

than the

amount

set

forth

in-Seetiew4

h..~..piv±’~i.

n’Ap,ir!

tkr•

J(-~~k.n’~m

h~r4

Pi.,,,~.ily.

ili~~

ihir~I

,1ath4~4._4~a.r

paid-free÷the-Fuiifl-ttpf4ie~4e-f14*lM’

,~,-

,.,,.,i,,.,,,.,,.,~.

TI..

,-~,-.-‘

‘‘‘nn’qi’.

~i,i~h

rirenI4’~thnri~:

J—..—...

—---,,...,‘-

-eth~H~~

theppot,e.-

of payment Ironi

the Ftm4~

c4--- ——-Th1s

1hafl—4-l—-set*—h-wth—en-l-’.~

the methods

that can

he used

tt*-defe~+4*e4he

maxiniom ameunts that

can he paid

from 4he—~kmk14

eUf~44e—~wfeb4-e—aeueH

ee*4---

Whether—nt particular cost

is eligible for payment

most

he determined

Section 734.810

UST Removal or Abandonment Services

Costs

a.)

The

Billing Methods,

Units of Measure and Expedited

Unit

Rates

for LiST removal

abandonment services are

set forth in

Section

1.1 of Appendi.v E

h±iiiescope of services associated with LiST removal or abandonment services for

pLirposes of estab!ishiu~Altç~

iveExiedited

Unit Rates

pursuant

to the provisions

oSccttons

734.855

and 734,860 arc provided

Appendix F.

e.)

Guidance for determnining

tile

Reasonable Quantity of UST Removal

or Abandonment

Services that arc

regitit-ed arç.ç~pvidedin Appendix F.

d.)

Guidance outlining the Icv& of professional oversight required for the Field services

required

in this Section is

provided

in Appendix

--—•-----—Payme*~t--fo~nsts

associated

with

UST removal or abandonment of each UST must not

exceed the amounts

set forth

in this Section.

Sueh—eosts

must ineltide,

hut

not he

limited t&

those

associated with the excavation

-UST

Volume

——•

imum Total Amount per UST

-1—14)---—---99~--g’aIlons

~—--—-—

.~7

100(M)

I ,(X)0

11.999 gallons

—-

$31

50.00

IC !Ifl~

 -.11

t

4

 I/Itt (V~

ELECTRONIC

FILING,

RECEIVED,

CLERK’S

OFFICE, AUGUST

3, 2005

Section

734.815

Free Product

or Groundwater Removal and Disposal

Services

~±Ihe

Bmllui~~thods,

Units of

Measure

amid

Expedited Unit Rates

for Free Product

Removal and Groundwater Removal

Disposal Services

are set

forth

Section

1.2

~fAppe,uIix

h.)

The

scope of services associated

with Free Prodtict

Removal

and Groundwater

Removal

& Disposal

Serviccs for

purposes of estahl~hinuAlternative Expedited

Unit

Rates pursuant toj~gp~ovisions

of Sections 734855

and 734.860 are

provided

Appcpdix

±1

de~j°mi~construct

on, operation,

maintenance and ckisur~j4jre~p~odnci

~~groondwater

removal_ortreatmlients systems

is not covered

in these services.

The services

neeess~to_desien.constru

qp~ite,mnmaintain and chase

flee product ogjpondwater

removal or treatments

system

is considered

a Professional Consulting Service and

reinihnm~mni.Lor

those

services

is stit~ctto Section

734.845 anci~cctiomiIll ol±pp~pdix

çj

Guidance for determining the Reasonable

Quantity

of Free

Prodoct_Removal

and

Groundwater Removal

~QjgosaI

Services that

am-c

required ~fgprovKledin

~ppendix

Guidance

outlining the level

of professional oversiehi required

for the Field Services_rg~jreclin

this

Sect

ion

is provided

Appendix

Paymem—fec—eoMs es~+oci-ated

-with—-the removal and

disposal of

free product

~rowidwuter

must

not

exceed the

amounts set forth in

this Section.

Such

cost’;

nitis1—me-ltide,

hut

riot

he limited tth—those associated

with—the-removal,

transpomiat iomira-ad

disposal -of-free product

e*—~-roondwaier,and the

desi-gm--eon.stroction,

free

prathiet—tw-grotm-uidwater removal systeim~-

a)—

—Payment for costs

w~reiat-e4witheaeh.ceuwl_ef~ficeepio4nte#_ec

grottndwater—remov-.tI

via

hand—ha11-ing--ec--a-vacunni

truck must not

exceed a total

ef-$Q~6S

per

ga#ewer$200440

hichever is greater.

—-————-h)--—

—Payment

for costs

associated

h-the removal

of free product or

gcetm4watec-#+e-a method

other than

hand hailing or

vaeuttm truck must

determined on a time and

watecials

heMc, and must

not exceed the amounts set

forth in Section

734.SM) of this Part.

Such

costs

must include,

hut not

he limited

to. those—acsociated

with

the—4esign,

construction,

installation, operation,

mamtenance. and closure of free

product

and groundwater removal

systeni~

Section 734.820

Drilling, Well Installation,

and Well Abandonment Services

a.)

The Billing~gfflods.Units of Measure and Expedited

Umut

Rates

for Drillij~

Well

installation

and Well Abandonment Services are

set

fomlh

Sect/u,,

1.3

ofAppena’ix

ELECTRONIC

FILING,

RECEIVED,

CLERK’S

OFFICE, AUGUST

2005

f’u.

JnY:’

I:

~m’..-...

.,4’

n.,~II:.,..

~4+m+ath4i**

‘A

m.,,

I

A

t,.”..—”,.

for sampl imig or other

greater of

$1 8.00 per loot or

1 .200(X)

non

injection

ptirposes

for

injectiomm purposes

greater of

SI 5.00 per

foot

1,200.00

h3-————

Payment

for

cost; associated

with

he installation

monitoring wells.

excltmding

drilling,

must not exceed

the following

umounts.

-&a?h costs

nmst

inch

ode,

hut

not

limited

to,

those associated

with well -constrtmct

ion and developnient.

Type of Borehole

—---.

Maximum

Total Amount

Hollow

stem auger

$16.50/foot

(v.-ell

length)

Direct

push platform

—~—41~-.50/foot

(wehl

length)

e*—

Paymcnt for costs associated

v.’ith

the

installation ol recovery wells, excluding

drilling, most

not exceed the following amounts. —Such costs

must include,

hut not

limited to;

those

associated

with well construction and development.

Well

Diameter—-----—----—-—

Maximum Total

Amount

4 or 6 inches

$25.00/foot

(well

length)

g4nehcs

or greater

——

——-—-

5-4

.00/loot (well

length)

4)-..

h.j

The scope of services associated

with

Drilling.

Well

Installation and

Well

Ahandonment Services

for purposes of establishing Alternative Expeditcd

Unit Rates

pursuant to

the

pm’ovisions of Sections 734.855

and 734.860 are

provided

in Appendix

I~.

e. )

Guidance

for determining

the

Reasomiable quantity

of Drilhing~el I

Installation

and

Well Abandonment Services that

arc

required are

provided

in Appendix

j~j~

Gmtidamace_outlining the

hcvcl of professiomial

oversight reqtured for the Field

Scm-vices

required

in this

Section

provided

in Appendix

F’.

—

--——Payment

fom- cot~associated

v.-ith

drilling, well

installation.

amid

well

ahandonment—rntr.-r

I ,.:.I

iii

..-m~-,.-

~-,,,,.

I,~l_~~

k.~

iti~

a,.;

, ..±.hA~

i.~

.-~....

,.-.~m

ELECTRONIC

FILING,

RECEiVED,

CLERKS

OFRCE, AUGUS1

ZUUD

Section 734.825

Soil Removal and Disposal

Services

a.)

The Bllhing_~g~l~ts

Units of Measure

anti Expedited

Unit Rates for

Soil

Removal

Disposal Services arc set

forth

.Sectun,

1.4

of Appenth.~

It’.

b.) The scqp~

services associated

with

Soil Removal

& Disj~p~il

Services for purposes

g~ghhishilJ.AItejm~jiti\-e

Ekpedited

Unit Ratchj2tlrstlajfljotheirj2visipris!ifSeclipmls

734.855

and 734j~Qj~rej~rovided

Appendix

gj~~jiclamice

for determining

the

~jjsQjjahIctIam1tit~QfSniRejpQ~jji.&Di~j)silServiccs

that

are required jge~~yidg4_

in Appendix

required

in this

Section

us provided jpj~ppcndixF.

42prPuei*44we&as_a+tM4Iaft4ed~w1+h~~4em~l

removal .—nansportat ion-—ftB*1—4H-fmsal

nmust

not exceed

11w

Fefl-3ed1it++n--eleel-m~~’isihIy-eo41tan1-i-mtated

fill

reniovcd—purstmant to Section

731.2144ffl—o-f

t-44s-

Pa*ttd-the-jiucehase~-trantip?-~am.and pfacemenl of mate+iaI—w~.ed-to-baek144I4he

~~~./

a-)——-—----

Payment foi—ee#s--w;soei’~ued

with

the removal,

coutatntnatcd soil

exceeding the applicabLe reniediatiowohjectives.

visibLy

contani mated

i’i II renioved—jm-rsuant

to Section 731.2 I 0( f4—ef4h-ei-—Piwt.

and

overlying such

contanth+a4-ed

soml~t44i—niw+4—ns4

e9?eeed—tt-cetal of 557.00 per

cuhie-yamh

1+——E*eept—a&provided

in subsection

(-a-)(2) ofthis-See4ie~4heeI-uffle~af-:*il

t1emeved~an4disposedmust

hefletermilied-by4he-4½410wmg--eqef#ien

at44fig—the dimensions

of the resulting excavation:

(Excavation

Leng4h—*

4ee~.-pef-cnhie—yardmust

be used to

convert tons to cubic yard+-

The

volume of soil removed from withii+-fcur

feet of the outside

dimension

of the UST and disposed of purstmant

to Section

7344444f13-ef

this Part must

he—deternilned

in accordance with Section 734.Appendix

C’

h4-——----Paymef~feeeeM-s-as:ei’svith the purchase.

transpertation, and placement

material

used

backfill—the excavation

resulting

fre~—the—cemovai

anti disposal

Mid

must

not

exceed—a-total of

$20.00

per cubic

yacd~

~±——

Except as-provided in suhseetion-(h)(2)-++f-#’:’-ction,

the volume

ELECTRONIC

FILING,

RECEIVED,

CLERK’S OFFICE, AUGUST~

20O5

backfill-material

nlnsi—be_eIete-uo-i1-ied--b-~’-41ie_144I4ew43+~—e+ut*44ei+-w~-i-1t~4he

E-xeiwat.+on

Width—x—E*-cavatimi

Depth)*-I .05.

A—e004

n—.uf

1.5

2-)-————

The

\oitinie

of hack fill niaterma ~

1oaf-TeeH$4he-eH+4dde dimension

of the

UST 4+tdth~spo+~ed—ef-NH*lae4-4e

10(f) of

hj&-11pu--4nust

he determined

iii

accordaiwe with

Section--734.Appendix-(

of this

Pam-t.

?4----

—

—P-aj-+flefi4--ffti—-e-e-.t,-

‘0

~Iat,u

-..

I

-reme-istI- anElub~eqae1-H—fe+tt11*4+4--tierI4ha+

dee,--ne4--e\ceed

the.app1ieid4e-ceo4ed4a4eH-ohJectives-hk+4-4ie#e-ceH*w~~

~‘iu

red

-f

4~c—4-e--eead-uet-con-cut i

act ion

rntmst not

exceed

a total of

$4-544—pef

cub ie \-anL—The-~+4+4~1eo*-~1emfwed-af+de+±+fnethnwa-he-deiefmhie4-by-the

f-e*l-h-iw-+-u-g—eq-ua-uion tising

the di lien; ions

the—excavation re:ti Iting

from the

removal of

the

so~-b—4-E*&4e3.m—Length—x-—~*e’-~i-ewWithlt*--E*eiwai-+on

fla4ath4-_A

~-r

Lan-frietei_4-

-L5•

4oims

per cubic ya+d

nm-st he~+m4A_~..n~tait

kuh-tw-enhie- y-ard~

Section 734.830

Drum Disposal

Services

a.)

The

Billimie

Mcthodsjlnits

of Measure and

Expedited

Unit Rates for Drum

Disposal

Services

are

set

forth

Section

1.5 of ~4ppenth.v K

h.) The scope of services associated

with

Soil

Removal

& Disposal

Services for puJipc~sesof

establishing Alteniative

Expedited

Unit Rates pursuant tp_~~~pvisions

of Sections

734.855

amid 734.860 are provided

in ~ppg~4jx~

c.)

Guidance for deterp~jnin

the Reasonable

quantity

of Drum Disposal

Services that

are

c~tiiredare

provided in Appendix F.

Gtndance outlining the level

of professional

oversight required

l’or the

Field Services required

this Section

is provided

in Appendix

Paynient4er-costsa:;ociated

with the

purchase. transportation, and disposal

of 55

gallon drums

eatit-aisag- waste generated as-a--fe~ut

of corrective action (e.g..

boringcutting~,water

hailed—fec

wel1—dei’e1ep~iient

or sampling,

hand

hailed—icee—pt’oduet)

must not exceed the

following amounts

ty,~,~.mum

Total Amount

per Drum

$250.00

___________

_______

Sl50~Q(4

Section

734.835 Concrete

and Asphalt Paviij~erviecs

ELECTRONIC

FILING,

RECEIV

b7ë1~RK’~5ffIdEAJ5UST

a.)

The

Billing Methods.

huts

Measure

amid

Expedited Unit

Rates for (omicrete

and

Asphalt

Paving Services

are

set

forth

Seclion

1.6

Af)/)c)l(ILV

It.

h.)

The

scope of services

associated

with

Concrete and Asphalt Pavine Services

for

purposes of establishing Alter uative Expedited Unit Rates

pursuamit to the provisions

of Sections 734.855

and

734.860 me

piovided

in Appendix

C.)

Guidance for determining

the Reasonable quantity

of Concrete

and Asphalt Paving

Services that arc

reoujj~j.are provided

in Appendix

~jj_ Guidance outlinina

the level

of professional oversi tzht

reqtmired for the

Field

Services

required

in this

Section

is provided

in Appendix

F-.

Section 731.835

---——---ampIe—WrndTh4gatid~n4y&i:

Payme4+*eost&tsteh4ed—w4I:+*eple—handh-e~--aad—arn4ysismust

not

exceed the

amounts set

fth— in

Sect ion

734.Appendix

D of this

Part

Such

costs

mtist include,

htit not he-ti niited to.

the,e—w~o-aie4—wiTh—the

ramusportation.

delivery.

preparation,

and analysis

samples.

and the

reporung

of sample results.

riot included

in thi-r~Section.

the Agency

H-Ia

*isefmiae-re4otiah1eH+a.iimmwpaymeR#-ametHTh4-e*+-t* ~ite--spee444t-bti

s-i-s.

SecUi484Oljtieat

& Testing

Services

a.)

The Billing Methods,

Units of Measure

and Expedited

Unit

Rates for

Analytical &

Testing

Services

are set forth

Section

2 of Appendix K

b.)

The scope

of services associated with

Analytical

& Testing

Services for

purposes of

establishing Alternative Expedited Unit Rates

pursuant to the provisions of Sections

734.855 and 734.860 are provided

Appendix F.

c.)

Guidance for determining the Reasonable Quantity of Analyticat

Testing

Services

that are required

are

provided in Appendix

required for the Field Services

d.)

Guidance outlining the level pfprofessional oversight

required

in this Section

is provided

in Appendix F.

11A

—

Concrete,

Asphalt, and Paving; Destruction or Dismantling and

Ah~’-.~ ~

 CI,..

a)—-—-

Payment for costs associated with

concrete, asphalt. and paving installed

as an engln~!~

hanier, other than replacement concrete, asphalt, and paving,

must not exceed the

following amounts.

Costs associated

with the replacement of concrete. asphalt, and

paving used

an engineered harrier are subject to the

maximum amounts

set forth

subsection

(h) of this Section instead of this subsection (a)-

ELECTRONIC

FILING,

RECEIVED,

CLERK’S

OFFICE, AUGUST

3, 2005

—----—------—--——-—-------——-—--——-—---—Ma.xmnium

Iota

“

per Square

Foot

Asphalt

amud

...rl-,~c

~LjI•.~I•~

$1.86

‘I

inches

S2 .38

—

$2.38

-Pa-wi-ueai—f-ef-ee4s-

-associated

with

the

replacemneiut

concrete. asphalt. and

n:”~”

Depth

Nluteñai--

4.,~

T,-.,,

A

2 inches

----

~1..iza4-rhac-.-_..,-_

-_____

inclies-—-——-——-——

$3.08

Concrete

-—-———--~—~che&-—-—-——-——

$2.45

$2.93

4—aiehe&-----——-—-——

$3.11

inches

83.8’)

inches

$1.36

g iuehes

$5.31

 ‘LI

iLl

ian

tfuosc

listed above,

the

c~n’

ttmuutu:,

she

.ji..~sl it.

L~i~,I’

,.,,~

with the d~structews~he4~mw*th,,5

am,

.-‘-‘~-l-nrJ

above grade structures

must not exceed

tha time and material

amounts set forth

Section

~a444~4)—ef-d+i.~—Pi’÷t~—me

total

cost for the

destruction or

the dismantling and reassembly

,.r’.4~

I,,.rtnin~4mlLI

nfl

~~C~r’cI

~Ju\

(1110 iii

 n,’r

Jla_

Section

734.845 Professional Consulting Services

a.)

The Billing Methods,

Units of Measure and Expedited

Unit Rates for Professional

Consulting Services are set

forth in

Section

Appenthx Li

h.) The scope of services associated

with

Professional Consulting Services

provided

Appendix

Alternative Expedited Unit

Rates are

not applicable to Professiomial

Consulting Services

listed

in Section 3.1

of Appendix

e.)

Guidance

for determining the

Reasonable

Quantity

of Professional Consulting Services

ELECTRONIC FILING,

RECEIVED,

CLERK’S OFFICE,

AUGUST 3, 2005

that

are requied

are

provided

iii

/\ptuendix

Fmon

the efFective date of this rule,

the

Agency

shall track,

~~~ect-h

-Project

amid Task-h~~isk

isis

the

qu unity

Ich

Pmotcssion

tI Consultijjgfj~dtlct

Sci

\ILL

itenu

listed

in Section

~ 2

incl

3.3. of Ap~ndixF. that are proposed and

approved,

The

urQseQf thi

rakinshall

be to develppit

statisticallydiahiedatahasetiurppmposes of evaluatingcosts trends.

Not

lamer than_the s~cpnsJ

anniversarcjiti~2itheiInpiemnelliatiQmnfthijsrule, the

ctshallcomu!pjje,

amud

provide to the

Board,

report outlining

the average

statewide cost

For Professional ConsuItiijgfçpd~mc~’rviccs

an Item

Item

and Task

by Task basis.

This report shalt atso

provide

the

Board with the standard deviation

iii cost

For each

item

or each task.

I~ponthe Board’s r~ç~iiof

that

report, the A~eneymay

propose

iiodihcatmomisto

the

B ii ti ng Methods

and/pjfxpç~diteejjJnit

R,-ttes for the Proie~ipmi~iICpmusultipg

Products

and Services listed

in Section

Ill

oF_Appendix!

dthat s~ju ipposalsare based upomu

statistically_reliable_means.

c~.,:.,..

v~1

cAc

Paymnent—fof—e3M-s—*.saet4e4

with

profc.’;.’-.ional

eon.’-#dl-im

—-

vices

n3uM—n04--e*e-eed--the-i+met1-ah

set—fonh~

imu

Ut is Section.

Such

costs

must

inc

I tide.

btit

not he

I iou

ted

to,

ttik*~e—w4seQ-i-atek4—w4t4*

r~t~-ee~—

pI-aniui

ig—c*nd—o*e+~ight:—l-i-eId~

i,.~-l

‘‘.,~-~aLrt44arl

.-,fl,,.,,t;,~,1

.,ubmi-,’-,iomi

all

p fan

—bfldee-,

reports,

-application-

for

pay

rnent, and

other do”’

uwntution’

a-)---

-~atlyAction

amid

Free Prodttet

Removal.

P-aymeat—of-eeM~~—for—pcefe~.:ieiat

constilthug services

associated with curly action -a144—-free-edaet-+e+iawa!

activities

conducted

pursuant to Subpart

B of thi~Part

miiust

not—exceed the

15,11

1—)-—---

Payrnemut for costs associated

with

preparation

for

tI~ieabandonment

removal--of USTs nuust not

exceed a

total—of $960.04).

2-)--—

Payment for

costs associated

with

curly action-11e14 work-and

field

oversight must not exceed

-a

total of $390.00 per half -day—pwr-tfiwet-ee&:

in accordance with subsection

(e) of this See4on.

The—number of half-

days

nmtist not exceed

the following:

one or

nuore

USTs

are

removed,

one half d*fy

for each

lcuking

UST

that i

removed, not to exceed a

total

of ten half days, plus

one half

day

for eaeh

225

eubie—yards,

or 4Met4efi—thefeef~--ef

visibly contanuinated fill material

removed and disposed of in

flhfvfi,~r,k;.

D.,,.t.

If one ot nuore

liSTs

remain-ii—plaee~--onc

half

day for-every four

soil boring’;,

or fraction thereof, drilled pursuant to Section

731.21 0(hl(2) of

ihi’

D~ffl

(‘i

fln~

l.~iF

,-l.-.~.~r

I 1Q~I;.-,,.

,1

“‘~‘‘~-~‘-‘

tLtU

NUNIC

FILING,

RECEIVED,

CLERK’S

OFFICE, AUGUST

3, 2005

4a~ntk-~

day

reports.

incfuditug.

hut uw44nti4tl-~fie1+~*I~o

exceed a4e4ahd

4)—

Paytuient for

cost; associated—with

the preparation arid

subnnssion of free

pt-oduct

vciiuoval

plsns—ai-td—the tn~til4*Hwnotfree product removal

systetw~

nit

t—he-de4e’n4ned—a-4--I~d—m4tterialsha,;F~-and—ni+3M—ne4—excecdthe

~4--

-aieit-fer---::’aned

‘

(4------ ~

**ied-w

0(h)(3) of

ibm’; Pan

n-inst—not

—&4e—hwe~t-4-°-r4+oH-----Paymen4-

costs -for

essi*+ofll—eens+11itn-sefv-’:

-I,

,.fl~

nth~ffi~.

2-)-

Paynuent

for co4+e4—m,sneiated .w4th—Snlge~4-4ie44l-efh—f*f4-4ekl-4¾’e~:4gh~

R*4e44—not

exceed

a total

of S390.00 per haWdeyr$u*4riwe1~eost&4n

“~‘~‘:

-:.“‘,

—

i++~ta4tat4on-

of nuonitoring—wehI~—Borings

in which

monitoring

we4-l-s-are—j+~:t+44e4-mesi-

he included in

subsection (h)(2XB) of thi-~

~—-;‘

8*-

One-huh-f day

for each monitoring

well

installed

part of the Stage

—

fn~costs

associated

with the-preparation and submission-cf-Stage

2-she investigation plants-must not exceed aotftl~e1~S3,2OO.043r

Payment for costs

associated with—Stage

field—work and field oversight

must

no?

exceed—a—total of 3390(X)

per-lie-I-f

day—p4-w; travel costs

iuujnbec-o4 half days

must not

exceed the

following:

ELECTRONIC

FILING,

RECEIVED,

CLERK’S OFFICE, AUGUST 3, 2005

--One

~Y-tt0’Sftfl-~.

4iaci4oe-i-heces1-~-4ri14ed

a&-jati--t4-the-$~tage2 site

inveM-igation

hut

004—+med--44÷F—1-he

wells

are

5ee4-towMeud-s?-this—sehsect

jomu fb44434-A-)-:—and

Ewtngwell-ituM+UIed-a4-j3arr-01--dIe--&age

~4———----42w,~i4e++4—li3r-eost~4-asso?4ated—~-4th4he—pm’eparatien—aHd

suhnnssien—ef—Sl-aue

3~sit-e~-iiwe’+tigut

ion

ph amy;

nuust

not exceed

tntal—of—S3-724444-4)4-.

O+———-——-—-Ptwniew--kur costs associated

with—S-ta

e3iield

w(wh—and-4+e141—-o-versll Itt

nec-unite-ti-ce -wil-h-Mmhseelion—(e) of

this—ectauu.

~4he’nu.nbe-r—o?-h-a-I-f—*4ays

fltlir

t,~

I

arnAa.~,rl ,1

A—--One-h+*W-d:iv

~ll4~’k,---B+~anu~wioek-nofHte

wefl*—are-iosutUed—me-Mhe

tithed

imu

subtiec-homu

(h)(6)(B-)—of—th*

Seetion—ie-steed—oIljiis subsection

(h)(6)(A):

and

nion#eri-iug well

installed as

part of the

Stage

site ifl’.csti~’atioth

_1\

,-“.,-.-,--,.,*

‘J

‘“J’’”’”’”

.~‘~nv~)cmflt~flflJ

Section

734A15(h) of this Part

must not exceed

‘a total of$ (60.00.

Peyee49st~it~:-’atefJ--w’h--wel-4-sur;eys

conducted

pw-sutmnl—ts

See-ti-on--7-3444-54’fuf this Part

must

he—deternuined

on a-inie--an4-mj*tei’:

basis and

nuust not

‘ “““

“~-

~w-•

°\

‘~“.“‘‘“,

‘,,

-TnjJ~rrnt.~7Tr

Lflfld

,,~,L,’”I,-,,’,I,

.,,..,

—

._.

_,A

.,.,,,

,,c

0-I

z,nn

fun

-“

,.,Z,.,-,

f,..-,,.,,1t

I.:

F’’”’

l”””’”~”

associated

with

corrective action ‘activities conducted pw’stiant

to Subpart

9-———ofeenventieniit-teehnslegy-paymenf--ftw-costs

‘associated with the

preparation and xuhmission of con’ective action

plans—mnsi

not exceed a

tota1—of

55,120.00.

—For alternative

technologies,—pftyme~f-ee~Q::

t;~,,

am”’~~~’-

,~s

l’c,,-tI,

,,V~rt~,.,’7tl

Qcn,a’tk,,-

D,.,q

-—‘7

~LgãTRONTh FILING,

RECEIVED,

CLERK’S

OFFICE, AUGUST

2005

2-3

—-—

Pa’,-mnemut

for costs -ate*eeioted—w-ith—cormeen*e—iiction field

‘.-.-ork

amid field

oversight

must not exceed the

f(4h\~Hi~—-aHj4*t+fib-~

1-or

cony emitioiual

teelunolo~’,’,a total o-f4~3-90.0

exceed one

luau’

day for each

225

cubic

yards.

half

day.

muot

fraction

thuercol,

e1—soit renlo\-ed

and disposed;

pftis travel costs

aeeord-anc-e-—w+th

~uhsection

(c)

of tluis Section.

h-nr~thern~t,vo

~If

lortlu in

Sectioiu —7348-50

of’ this Part,

34-—- --—--Paymeni—fun--?ests—rr;sociated

withu

hriviwmumneuttd--t_aiud

Use

(:omuti-nls

and

Highway Authority Agree

nuents

Lised

-as—imust it

Lit

con trots pt

in;

tiLl! It 40

III.

Adnu. Code

mnust—nete*eeed—a-—l-era1—et4~44444)44—per

Env iromumuiemital

Land

Use—coft4-rf+I—er--1-1-i-ghwa’,

Anther-i-tv A2reenuelut.

—

—Pay-nienu—t-er—eost-;

associated

witlu

the -~weji*wat-ien—s-id—

snhnuissiomi

eotTective ticlion

coiulflt~t~an

4~’-~~4~-tHns4--nefexeXd

a total of- $5.

I 20(X).

--~

-s~-~

r’~-—-~--

tittA,

~anct.

..,,..

th~

1,,II

dcvclopmc;;tof;eniediation

objective;;

per-half-day.

pItt

travel costs

in accord

-t—90t

exceed a total of $390

:iII~~-..h,.

a~tinthL,aj

Q,,.,’ti~,,’,

Thn

Ln±~~S&

,l,,~

-~,i~tm

A~

(u~-,

-I-,..

I’”’

~

Borings in

which

nuoiiitorimug

wells

are

installed must

included

k,-~,,th-..,

I,Iuelu(t?u

 ,,Irh-

 c~,,,i,..i,,,-t,-,,,,

,r,I,,,-,,I,-,,_,.,—.,

(d)(

I )(M; and

One half

day

for each

monitoring

‘.velt installed solely

for-the

purpose

of developing rcmediation ob~cctives.

24—-——---

Exck ding

costs

set

forth

subsection (d)( 1+-of this Section, payment

for

—‘-‘F—

•

“.,.,,‘—--‘

--‘..-‘.

“,

“

-....t,

---

“-,

‘-‘.

4-)----

4*---——-Devetopment

‘~‘

Tier

2 and

:—.,,m

I-.’

—-—I

Dnsnnani_nL,

I-,

III

A

 1,,.,

 (‘.,.L. 1In

‘-“•‘~t~’-””~

tLLU

KONIG

FILING,

RECEIVED,

CLERK’S OFFICE, AUGUST

3, 2005

mm; i-he-uI Io~ve4~4~-when

speei-6e~ewItene4*r4hi&T2ari-

tlamud

mites)

t)t~’;29

614

nu ore

—-——-————-——

—_—--———

~441444Q

t-)-i-4k1+w-es

nuust

he—niee-sored—in—gruwud

nuiles—an-d

routu-kd-4-u-t-f-le--f*eanesu- miii I~.

-44—a

c-nn*tt-l-oeri—e~affl+afw4-I-HoFe-tha4+-ee-e--e14tee-~-chMoaee-ro-1-he-t44e-4ow~4e-mew,-kffed

fct*u4heeensaka4#*~45ee-that-is-t-i-w.esf4s~

the ~4te

ee5-(*-+N~,44e*tle4-W44li

the~H44h&j4rni-

Section 734847

Mileage. Lodeiiug &

Per

Dictum

Lodging~~jjçaae

anti Per Diem expenses

shall he

permitted for

all

reasonable overnight

M~sfor

Professional

and

Field Personnel

performing Tasks that are

eligible

ror

reinuhursement.

The

Lodging, Mileag~jmd

Per

Diem

rates are provided

Section 3.4 of

~reasoiu

able

the Field Service Personnel

or Consultant

is required to work at a job

site

location

~tusixt60t~uilesfromiuitsofficettmidot~-siteoversi~taetivitieslustraveitinuetothie

site from

the constmtanr’s

office will require more than eight (8)

hours

per work day,

miles and rounded to the nearest

mile,__Ifaconsuliantor

contractor

nuaintaitus

more than

one office,_distamiec

the site

must,b~_nue~~uredtmxnntjjeJosest

office

that

normally

Section 734.850 Field

Servieesj~ypuetuton Time

and Matei’ialsBasts

For any_Field

Product

or Service

that has a time and

coals Bill Method

rescrihed in

$ections 734,810

throug~j34.835

or any Field

Product or Service that

not

otherwise list

Sectio

734.810 through

734.835, the owner or

operator

will

be I~çuairedto doet me

its

costs

tim~nd_niaterials_hast~utilizing

the

Products &

Services

listed in

Section

1.7 of Appen,

Payment-en-Time

and Materials

Basis

This Section sets forth the maximum

amount&—thut maybe paid when payment

is allowed

a-)-—--

Payment

for—easts

a’;soeiated

v.-ith—a-’ities tluat

h-twe

a maxiniunu

payiuuent

an&-ys4¼~dH4hog,wel1—

instahlation—and—-ab-undonment,

drumuu

disposal. or—eees*+h+eg

--‘7

tLtU

KUNIC

FILING,

RECEIVED,

CLERK’S OFFICE,

AUGUST

2005

mud report~.

) nmnM--nel—e*eeed4he

af+offt’4ti--sel--kwth-m i-htm’;e Sect ion±-ta+le,’~.

-paymet+Ht4-+IMI+le-j44+FM+aHt-tk-rm

7-3~4O44-O1this Pout

Ni ax

i iuiutuu

paynuents

amottnts for costs u-r~ee4eted~vith ae4~4ties—thfit—de--no4—-htwe

u-inaxiiuuumuu ~

d~ternuiiu~d

the--Age4Iey—84—ti—M

e—~pee+~?—-hte~-s-—p4’0v-t4ed--—h*4We-’.’-el—4hat

pe-nounmuel -eo4+-fH-u~’*4—nej--e*eeed-the-aHusantsset—fo4h—in-Seei-4ea—73’Ap-pciudit—I~

o-t-ihis

P-art-r-

P~i’somun-e-l--ee+*-inw~4--be-htut~e4-upomu-

tIme

work being periormed-

fe-ga4’-d-l-et~—44f--fhe—t441e—t$--the—pee~eH—-pe’f-fen-H1Iug

flue

‘.-.-ork.

O’.vnei’s-a+id—op~rators

~eek-ou~-j3anie-n4---H-*o~’--eflieaM-Ft4+e--a3--i-h-e—Agcncy

that

tlue

Lta-14*mw-s

soti~ht—are

ceas

mua

Ic.

BOARD NOTE:

Alternative technology costs

in excess of the

costs of conventional technology

are

ineligible for payment from the Fund.

See Sections 734.340(b) and

734,630(z)

of this

Part.

Section 734.855

Con~petitiveBidding

Asan

alterimative to~

nit

Ratessetfm’om’th

insctinns

734,810 througiu734,~~~ft~is

5,jj~jart1lane~~rmmuare

Expedited Unit

Rates

nuity he

determined9~ite-~ysmjebj~5jsviah’ddiflgjp

accordance with this Section.

Each hid must cov~Lallcasts

mel

ded in

the Exited

Unit Rate that

the

bid

is replacing

aiud be consistent

with theSç

ofWprjcrnavid~dfor

the apphie~i~ProditciJ2rSrviee

JLArpendix F-Hh±$~b~—H,

The bids

sluall also utilize

the

same Billing_Method and

Unit of Measure

~Tt’ovidedi

n~pp~jjdixF.

nut

uuuofthreewrittem

bids

nutist

he obtain~4 The hi

snuust

he based upon

the

sanue scope of work and

muuust

I’enuailu

valid

for a

period of tiin~thtt~vflj~ijow

the owner

~~r~ttprto

accept them upon

the A_g~çy~sgppruval

of the associated budget, The bids

nmusthefornuatted to correspotud

with

the Tasks listed

the

Standard Task List set

fortlu

imu_Appendix ft

Bids

muuust he obtained ~

!hs~

work beinr bid-

Bids

must not be obtaitied

~pçrator.or

the

erator’spnmary

eon

ctorhsahmmaneial

interest.

The bids

nuust

sitnunuarized

forms prescribed and

provided by

the

Agency.

The bid

~jj~imj~rfojjjiaIo~g

with copies of the

hid requests and

the

bids obtained, must he

~uhmittesiJa the

A’eiucy in the associated

~q4ggijf

oretaiu

the minimum three bids

al-c obtained, summaries and eo

ies

of all

snumthesuh

itted to the

Agency.

The

Expedited Unit Rate for the

work bid must

thi

mountofhelowest

Expedited

Unit Rate hid, unless the

lowest

bid

less than the Expedited Unit Rate

set faith

Appenth~~,~f

this

Subpart

in which ease the Expe~j~~d

Unit Rate

set forth

Ap~ndixE of this Subpart

H must be allowed.

The

owner or operator is not

required

useilu,iu~stidsJertQperformthe work, but

instead

may use another per~p~

qualified

andablei~rfprnuthesvorkjncj~diiubujjioijinuited

to,

persamu

itu

which the owner

operator, otffi~ow-mueri~~rj?~ratar’

primary consultant, has

a direct

or indirect

financial interest. However. regardless of who performs th~j~jurk

the’x’ditcd

Unit

Rate

will

renugin the

anuaunt of the

lowest

ted

ate

hid

or the Expedited Unit

ELECTRONIC

FILING,

RECEIVED,

CLERK’S OFFICE,

AUGUST 3,

2005

~L) _,_Jiic

lowest

bid obtained

via

conupetitive biddine

sluall

Lmiowmm

the

Bid

Unit

Rate.

this Sect

lOt)

not

-uppl ~ ~hlc to

ilte

l’iolessiomu

CoijMijtin’Scrvices

I iskd

tim

So. ttomu

Appendix

As—itmu alternal i’.-e

to the

max inutinu payment

muuotiluts set

forth

in—this

S tihpurt H.

one or

ruuoi’c

n-taxituuwuu

paynuetut anteaat&-mtw be determined

hiddimug

it)

aeeordatk’e

svith—t-h-i-s—Sec-t-i-om

~+wh

hid

mmtst-et÷ve-c--a11eo-4s--inektded-in the

nuaxinunnu

paynuemut

anuouiut tluat

the hid--k

replacing.

a-—--—-——-4—tuuiluinutilmu-t4—4-wee-’r-fueH—h144-m+lsl

be ohlaitucth--—I—he-bids

rttnst

based ttpon

the

samume seope-et

work—and-mtist

retnttiiu valid

for a period

timume

tluau—w-il-l-a4-1-o-w

the-e-wt-+twtw ~

upon

the A~ency

‘s approval of th—~

ttssociated

h’odget.-—Bid

m-nnM-he-4.hn*i-ned—e+dy

lromuu p~rsotus

quttlmlied

mud

able to

owner -(-i-F—operator,

the

ov,-iuer’

operator’s

pri tnar~-

comutraetor, has a—fiiuatueial

itutcre—.t.

t—,,.,t

s,.,-’

The—hi4-&wtunuai’y -fst+it--tt1eeg-wiTh--eep4e&÷’4he-

hid reqttests

-ft+i4

obtained- nuust

he suhnmitted

to the Ageiuey in -the associated

budget.

-the--h44s

If nuore

luan

thainin.i.nnn~a_th

sls.

flie-_~443th~4~d

sumuumades and copies

all

hids

nuust

subin itt ed to the

Agency.

e3-————4he--mtu~

inutttuu

pavmuuetut

arnoutut for the-werk—hi4-mnst

he the

anuount

of—the

h-3weM—h44-- unless the lowest

hid is 1-e~s-4han—the—mfi*i-n-tu-m—payrtuentunuotuut set

1-0c4F.n+—tluis Stthpart

~‘.-lu

iclu

ease the max imuutmmui

peyi+uenu—-amounl—sei—forth

+hi+-Stthpaci--l=l--nitmM—be—a11ewe4— TIuc owner or operatoc4s

not required to tise the

~-LaxJ

,,l,,,.-t~.st

.,,tk-,,,,-.,

owner

or operator,

or the

owmuer’s or

uperntom-’s primary consttltant,

luas

a direct

,‘~,,.sr,Itsa~s~niThs,h,~

fs.,’,ns-

ti,’,

‘nnr1~ibn

nraximumn

payment amount

will

remuimu

the tuniciunt

of the

lowest

hid.

Section

734.860 Cost Justification

If aiu owner or operator

itueurs or anticipates

will

incur eligible

costs

that exceed

the Expedited

Unit

Rates set

forth

in Appendix

ET tar the Products

or Services listed

in Sections 734.8 lOtlurough 734.840,

th~~geney

may determine that the proposed/incurred rate is iustified for

purposes of reimhitrsetnent

the

owner or operator nuakine the demonstrations required in

this Section. Owners

and operators se~~j~g

to have the Agency

approve

one or

nuore unit

rates

pursuant to this Section

must:

a,)

For ProdUcts and/or

Services listed

in Appendix

the owner or operator

nuust

demonstrate to

the Agency that the cost of the Product or Service for

which thee

~kinga

deternmination are eligible

for

payment

from

the Fund, exceeds the Expedited

Utuit Rate(s) set

forth

in Appendix E,

are

unavoidable, are reasonable, are necessary

order to sjitisfy_~j~~~pjreniemuts

of the

Act ortluis Part, are

not the

result of unusual

extriordtn-uiy cmmcuiumst tnces

~nddo not

exceed

the Mixtnuunu Untt Rate

for the Ptoduct

ELECTRONIC

FILING,

RECEIVED,

CLERK’S

OFFICE, AUGUST

2005

!!icJstt-WLkti

arc

not

linmited to.

atm

itual~jjftyto ohtamtu

ttmtiuitumutuu

of three bids pttrsuant

to Section

734.855

of this Part

dtme

to a

lijmuiled

nttnuhcr of

person

providitug the

Product

or Service

needecAg~nc~~çqtt_ted

dcv

iatmumus

lie

Scope

Work

from

that

provided

For the

unn!,icahle Pioduct or Service in Appendix

h. )

For Products

atid/or

Services not

listed in

Appendix

F, the owner or operator

must

denuotustrate that

tlue

Pm’oduct or Service

not listed

covered by_one or more of

the

Products

r~ic

ft~sslliuAppendix

the

price is reasonable,

tIme product or service

was/is !ic~1essaFvip

imuect

(he

mitu imuuu

rmu

rcqtti rcnmcnts of the

Act or this

Part

and does

not

e,x_c~edtiuc

mmuituituuummu

requirements of this Part.

tim)

it rate approved

ruum’stiamml to_tlusSectwn shall he

kmtowiu

as aJustitied

Vita

Rate’’.

See44*4e—73-t,S60

—-‘-———Untu,ual

li*ti’aordinar’,’ (~it’cnmumstamuce

l1——t+t~e~~re

ahathta

‘s~s-

sn-l-t—e-I—-u-ffl

-tt-,’.t

m4~u-~*l—em—e-x

vs,’,.,,-t

-‘ti-’

it’,-~

,,,,

ot’dim

iat’

y circtttth.tance~

..au

owuer-ew-operat

,‘,,,.-,-n~,xt

,,,,‘,,,,

-,aiis,,’ttain_ibit_C,

ot’

incurs or

will

itictir

I,,.,,,

it’,..

Intt~’—deteFtH4-He-

tumax

imuutttuu payment

amuuoumut

;

for—the

costs

omu

—Ownecs-anrl

e.17ert+tfW&-~.eekttIgto have tlte

Agency deterntine

rmtaximuuttmuu

paymnctut~anioumuts pttrsttatut

to41-i-m-s

~~eer-4ew+n+H-dem(I!ustrate4s--the—Ageney

that—the

costs

lot v.hich

they ure

seeki

ug a

de-4erruunatiotm -are eligible for

paymuuent

fronuhe

Etimud, exceed

tlue

max

i mum-pfit-nee4—ameut#t~

set

lorIlu

iii

this

Stmhpam’t

H, ate

tlue

resti1-t—ot

umuusual

extraordinary circumstances.

ace

unn-v4-*-t-4ahle,

are

reasonable,

and

are

necessary in

oi’dcr to

satisfy

the

requiremeim;

this

Part.

Exaimup Ic; -of—tttuttstmal or extraordinary

circttn-uThtIiees

may include, hut

not he

limuit led

to.

umm

niahih-ty—to ohtahu a

nmutnutinu

of three hids

pne4uamut to

Sectiomu 73-1.555 of this

Ptwi—dne4e—a

,,,m. k~,’

,‘,c

,~.,.

734.862

Unusual or Extraordinary Circunustances

If, as a result

unusual

or extraordinary circunustamices.

owner or operator incurs or anticipates

will

incur eligible

costs that

exceed the Expedited Unit Rate

set

forth

iiu this Subpart

I-I,

the

Agency

nuay allow

tinit

price luighertlian

the

Expedited

Unit Rate and

the

Maxinuunu

Unit Rate

by the owner or operator

detitomistratiug

on a site-specific

basis

that the

cost

of the

Product or Service is either not coveted

Appcndix

or that

the

costs was/is

higher than

the Expedited Unit Rate provided in

Appendix F and

that

~osts-

arc/will

incunx,d due to extra-ordinary circtitumstaruces. are

tmnavoidable,

are

reasonable, and

are tiecessa~yJn

order

to satisfy the_~reguiretuuelutsof this Part.

Unit prices for Products

and/or Services

approved

pnrsttanl

to shiaSe,ction shall he known

an Extraordinary Unit Price.

Section

734.865

Handling

Charges

Payment of handling

charges must not exceed the amounts set forth in Section 734.635 of this

Part.

Section

734,870jpç~egs~Jpfx

editnd

Unit R~i~

Ihef~peditedUnit Rates

set

forth

in this Subpart H nuust he adiusted

uot less than

every

year b_yj~g

Agency

first conduct~g

a statistically sig~uificant

ammalysis of the costs

of Products and Services proposed

CLCA.J

NUN IC

I-lUNG,

RECEIVED,

CLERK’S

OFFICE, AUGUST 3, 2005

mers or ouciators

Budeets

atmd

Work P~ums The Agency,5pjit,~jjnclude

iti

timis

aimaiy’~s

the

costs

Pmducha:mdServicesp~Qppscdwhich did

mmot coofornu

the Mnc~iQQtuy’iLSs~es2I_~4fldafl~

Products

& ~

purstian

Eluer Section 734.S5~jdUtuLie~)j34~8O0

~Justttcd

Vtmtt

tft

sJ of thjs Suhu

mmd

ttid’actccksstt kdJ~~jn’lmudtL ‘utt~cofistttisttc ‘til\

sigtutftcint

trend coneernine the

nornual and customary ftjfQrtmiance of tluel’ask

henuc

roosedt.

The statistical

edited Unit Rat~p~hlished

itm

AQpcludix that_dotuot

ace ttra~~~yjel1cct

custotnjjjyjiticl acc~piedmtuarketj~-icesas

ellasp~wPtpcltjçf~atud/ot’

,~~j1vi~~es

Qit-~t

tmt!lt,cd

st tust~~jjjy

Nuhunutarel j~

to the

Roum-d

whether the Expedited Unit Rates

for St

imPodus

amid Services are

conststcnt

ssttli tlj~pjj~es

tmm tlvi~d mi

the

sUttsttc

ml~_ijssN

Rates

tlmat

are

not consistwu

with

tiuc

stati.stica(a

sis and stmggm~stchances needed to nuake,t~

~p~jjte4

Unit Rates

cotusistent ~

Stuhtimission of

the

above descrihed

i~p~flthe~gçmmc

shal

suhnuit to

tluc Boardarcpnrt

otttlininc

the

Extraordtmuary_UnU

Ratait

oved

iorthe~fe4iImot\vely~jjJoIutl~pçriiad..

of Stattdard

Proditcts_artd Services on

its

website

mo later tlman

due date

it heconues cflëetix-e.

~)_Adj~tedExeditedUniLRatcs

iuuttst be~ppjjedas follows:

~jcnsts_j~p~vedhy

the Agemucy

iiuwrititue

rtor to the

date

the Pimets

E~edited

be the

anmoutits

in effect ott the djjt~theA

ency received the

htidget

in which the

Service.

thmej~ppNcahleEx

ted

Unit Ratepr Altertiative Ex~edited_UnttRate

for the

Product or

Service_nuust not be

increasedf

using

tlue

cost

itu a

stthse~ttenthudetJ.

For

Products or Service~j2ota

rovedh-theA

ciuc

itu

wrttmju

rjor to the

date

the

costs are incurredJncJuthng~utnot hmitedj~,floductsor Services

providing

dw;m

the Earl

çtion

Phase

the ap

jHe Expedited Unit

Ra~

must

the amounts

in effect ott

the

date the

costs

were

incurred.

aditisted Exp~j~~d

Unit Rate

in hudgetsj~dalicationst’o~p~yjjuetut.

—-———-increase

in Mavinuum Payment-Amounts

The—nuaximurn payment-amounts set

forth-in this Subpart H must bc adjusted annually by

arm

inflation factor deternThued by the annual

Implicit

Price Deflator of—Cross

National

Pred-ue+—as

published by the U.S.

Departrmment of

Commerce

in its Survey of Current Business.

a)--

The inflation

factor must he calculated each

year hy dividing the latest published

annual

Implicit Price

Deflator for Gross Notional

Product

by the annual

Inuplieit

Price Deflator for Gross National—Preduct for the prevIous

year.

The inflation

a single year.

h~——-----44jns+ed—ma*i*nts+n-peymentacnennts must—beeeme--effective on July

1—el—each

year

amid must remain in eflèct through-4u44c

31) of the-following year.

The fint

EUhU

I kONIC

FILING,

RECEIVED,

CUERK’S

OFFICE, AUGUST

2005

a4~usitmmemmttuiw+t—be—tuuade

on July

1. 2006.

h~L_4+~++h4f4’n3~g__the_41fa*hfI4+441_j4*+~fme4-

anuoututssethffth-144—thf~-&44pw-t—H—by—the-~jflThcuhIe

uk4~

facuur.

-&thseqae+#

a4~+eMimuent-&~

luum-t

tmde—b,’—mul-t-m-pl-\’ine

due

latest

adjtlMed-mi**i+nem--payeie*4

uniot

t.’-~

by—

lie

latest

itmflutiotu

foe

tot.

e4—-—-—---4heteet4ey--mw±peM--the4nflat1en-faek:otu

its ‘.veh,ite

FlU

later

thatu the date

chey—heeeme—e11ee4we~—4he--t++44tefe4+-fuctors—wustrerruuin

posted

otu

the wehsite -in

s.uh~efli-te-a4yeata~-4e—.a4~k-n—the—enlctIlation

adj

wted niaxinuttni —payme-4~4—ai-He+met

~---a-paye~en~.t

4~eappheth+~4eH*+w::

U—-.

—

—Pec—ees+&-appf*wed—-hy-the—?

geticv—in--w÷1thm~—prior

to the date the costs

ui-c

+n-e-urred, the

applicable

umax

ituuofli-payme-t*4 ~

H*ethe.4~t-Aet~e4#hteHSthe-ee~,:

w-w-e proposed. —4444ee—the.-A2ei4c-yappro~e~—a

co-I,

the applicahle

mumax

m muutt

muu

pnyrtuetmt aiim ott

m~_r t lie

c4&s4—44u—-u—-s-+414~,et~&te441—l~4+d-ge4*

2-)-

—--

l-er

mu o

-a~÷

e—-y--e-t

~~+aig-~wie~--te-the-tl*+4e-the--e*m4:

applicable

tuiaxituutttuu pay nuents

aiuiotuut.s -must—-he—the--amounts

effect

otu

the—chtie--tlue costs

were hucurred.

3)--—---.-QwHec&-aml-epefttIe+:ffittst

have the

bw-detu oeq*ein~-#he-apprepct’

adj rmsted

mmmxinuutim

paytuuetmt -anuoumuts—iiu

budget;

amud application;

for

Section 734.875

Agency Review of Staiudardized Tasks

Payment-

meeats

jhatm

ever

two

ears

the

gene

nuustje~

iesvh

tantiard Task List

set forth

in this Subpart

H and submit a

rer~rtto the

Board on

whether the

Tasks

are lull

consistent

with the tasks

that are

beinc approved to

tuieet

the

goals

of approved

wom-k

plamus.

The

usdentify both

Standard

Task

List ta~sthat

ate

imot beta

sedormastatisticalty significant Fmutmij~ç~Qfsi4~saJJdtask~wliich

are

not

lu the Standard Task List but are

being

approved on

a ~

significant

nuniher of

mimstaiuces.

Based on

such data, the

Agenç~jj~st

reconunmend

6mw Tasks for

deletion

fj:pnu

the Standard Task_List

and

new tasks for

inelusiomt

in the Standard Task List, provided

h9w~eL

that each

new task must have

a clear and distitiguishable relationship to a

specific

provision

of thcj~uIations

and

must accommodate statisticafi

-jcnificantj~ppflingofthe

cost

of Products

and Services req~pred

to complete the

Task.

N~-4ess

than every three years

the Agency

must review the anuounts set

forth

imu

this Suhpact-44

and

.suhmuuit

report to the Board on whether

the

amsutit., arc con’;istent with the prevuiling

H+afket ratesr-4he—ceper~-n*w~t--idet#i4~’-amo+tnh

that—uce-not comusktent with the prevailing matket

EUECTRONIC FILING,

RECEIVED,

CLERK’S OFFICE, AUGUST

2005

Section 734.APPENDIX A

Indicator Contaminants

TANK CONTENTS

INDICATOR CONTAMINANTS

GASOLINE

benzene

leaded(l), unleaded, premium and gasohol

ethylbenzene

toluene

xylene

Methyl tertiary butyl ether (MTBE)

MIDDLE DISTILLATE AND HEAVY ENDS

aviation turbine fuels(1)

benzene

jet

fuels

ethylbenzene

toluene

xylenc

diesel fuels

acenaphthene

gas turbine fuel oils

anthracene

heating fuel oils

henzo(a)anthracene

illuminating oils

benzo(a)pyrene

Kerosene

benzo(b)fluoranthemue

Lttbricants

benzo(k)fluoranthene

liquid asphalt and dust laying oils

chrysene

cable oils

dibenzo(a,h)anthracene

crude oil, crude oil fractions

fluoranthene

petroleum feedstoeks

fluorenc

petroleum fractions

indeno( I ,2,3-c,d)pyrene

heavy oils

naphthalene

transformer oils(2)

pyrene

hydraulic fluids(3)

Acenaphthylene

petroleum spirits(4)

Benzo(g,h,i)perylerte

mineral spirits(4),

Stoddard solvents(4)

Phenanthrene

high-flash aromatic naphthas(4)

VM&P naphthas(4)

moderately volatile hydrocarbon sotvents(4)

petroleum extender oils(4)

USED OIL

Screening sample(S)

(1)

lead

is also an

indicator contaminant

(2)

the

polychlorinated biphenyl parameters listed in Appendix

B are also indicator

Contaminants

(3)

barium

is also an indicator contaminant

ELECTRONIC

FILING,

RECEIVED,

CLERK’S OFFICE, AUGUST

2005

(4)

the

volatile, base/neutral

and polynucicar aromatic parameters

listed

in Appendix

B are

also indicator contaminants

(5)

used oil

indicator contaminants

must he based

on the results of a used oil soil sample

analysis

refer to Section 734,405(g) of this Part

Section

734.APPENDIX

Additional

Parameters

VolatiIcs

Benzene

Bromofornm

Carbon tetrachloride

Chlorohenzene

Chloroform

Dichlorobromomethane

t,2-Dichloroethane

1,1 -Dichloroethane

cis-

,2-Dichloroethane

ID.

Trans-l.2-Dichloroethylene

II.

Dichloronmethane (Methylene chloride)

I ,2-Dichloropropane

13.

I ,3-Dichloropropylene (cis

trans)

14.

Ethylbenzene

IS.

Styrene

16.

Tetrachloroethylene

17.

Toluene

18.

1,1,

-Trichloroethane

19.

1,1 ,2-Trichloroethane

20.

Trichloroethylene

21.

Vinyl chloride

22.

Xylenes

(total)

Base/Neutrals

Bis(2-chloroethyl)ether

Bis(2-ethylhexyl)phthalate

1 ,2-Dichlorobenzene

1 ,4-Dichlorobenzene

Hexachlorobemmzene

Hexachlorocyclopentadiene

n-Nitrosodi-n-propylamine

n-Nitrosodiphenylamine

ELECTRONIC

FILING,

RECEIVED, CLERK’S OFFICE, AUGUST

2005

Section

734.APPENDIX I) ~uimuple

Huudliiue~tnt1—Aeal*~4Standatd

Task List

~7jmoiTask

210(e)

210(f)

210(h)(l,2)

210(hjfJ)

21 5(a)(

215(a)(4)

220

625(a)( IS)

Detailed_Task

Complete 24hr Respottsc Actiutms &IEMA_Reporting

734.2 lO(j~J(l)

flçpprt Release toILMA

734.2 l0(a)LJ

Take Inutmuediate acuotu to

pttvcmmt furtlucr release

734.21 0c~(3J

ldeimtify

atud

imuit igaic

Fire, explosion,

& vapor hazards

llQshl

çynduct

20dav

Abatenuemut_Measures

734.2

I Otb)(

)

J~~pve

Pctrolcutmu to prevent fumiher release

734.2

I (It b)(h

Visually inspect Release and prevent

further

tmuigrai iomm

734.21_0~t)(3j

Motutor/tmuiugaie

fimc, explosiotm, & vapor luazards

734.2 lthb44)

RemcthJ~a~trds_posed

excavated orexpused

soils

734.21 0( tu)(5 )

Measure for the

presence of a release

73421_0(b)(6)

Dcterimnmmc the possible

prescmmce of free product

Prepare

& Submit

20—day

Report

Pmc pare

45-day

report

_____

$nhmit

45-Day

j~pggt

_____

Conduct Applicable Early Action

Field Activities

734.2l0(ffl

Tank Remuuoval

734.21 0( f)2

Tank Ahandotumemmt

734.2 lQffll

EAETD&l3

734.210(04

Fix-situ Treatnueni

Optioiual ~ugof

EA Extension

Determpinc

Areas and locations of

soil

ccuiutanmination

734.2

O(Im)(

I )

Collect and analyze soil

sanuples for

eaclu tank removed

734.21 0(h)(2)

Collect and analyze soil samples

for each

tammk

remaining

Prepare

& Submit m~pQflfor LA

Closure, ifTier

Obiectives are tu~

________

Pcrfornu

day Free Product

Removal

Prepare & Subnuit

45 day Free Product

Removal RepQji

Prepare &

Subtimit Application for Payment of Early Actioiu

Costs

Detailed Task

Fr~ar~~

Submit Post 45

day Free Prodtict Removal Plan

Negotiate Off-Site

Access

?r~iare& Submit Post 45

day

Free Product

Removal Budget

Perfornu Free Product

Removal

Prepare & Submit

Plan Amendments as Necessary

Prepare & Suhrntt Budget Anueiudtnents asNecessaty

Prepare

& Submit EDD Annlication

M?lor Task

2 15(c)

350

2 15(d)

605(h)

(uOS(h)(3)

Miijor Task

Thth)

310ttuJ

3I~j~)jjJ

St a 1(2)

5(a 03).

330

~QSU)i))

ipjtmi&SithtmumtApfllmcaiiolm

Icr Paytmuent

Ptcpare &

Submimit EDt.) AppI ieat

icmtu

ELECTRONIC

FILING,

RECEIVED,

CLERK’S

OFFICE, AUGUST

2005

___________

Detailed Task

?rciarc..~

S uhnu

it Work Plan

Stage

Prcpar!&Suhnuit

Budget (Staec

Perlortu

Site Soil

Iu~.estigaliomt_(Staeejj

_____________

Perform

Site

Grott nd ~ atertimvestigation

(SLigslj

5(aX2)(B)

lrmstall Mouitodni~Well(s)

315(a)(2)(C)

Collect Soil

nmple(s)

31 5(a)(~)f~)Sjunple Moimitcrtq& Wells

315C1)(2)( F)

Perform Flvdraul ic

Comuductivity Testitme

_________

~nc!yct

Water Su~pg~~

Well

Surv.gy

Ptcpare and

Suluimmit Completion

Report (St~jg~fl

Prepare and Subutit Applicariotm

for

Paynmetmi

(Stage I)

Prepare & Stmhmmiit

EDD_appjication

320(aJjl)

Advance Soil

Borings & Collect Samples

3 20(a )(2)

m stall &

Sample

Moittion

Wel l( ~

Prepare and Submit Completiotm

Repomi

(Stage 2)

Ep~pe&

Subtmuit Plan Amendments as

Necessary

(Stage 2)

_______

Prepare & Subnit

Budget

Atneimdnments as

Necessary (Stage

_______

Prepare

amud

Submit Application

for Pa.yipeiit.c$tagdj

P/lajor Task

310(h)

320(jU(jj

32~pi(2)

330

310(d)2

005(h)

çjf)~5(h)(

Major Task

350

5(~j(jj

Detailed

Task

Prepare & Submit

Work

Plan (Stage

Ea~are&SubrmtitBudget tStage~

Perform

Site

Soil

Invcstigat iq~j~pjg~~j

Performuu

Site

Groundwater Itmvestigat ham (Stare

Prepare & Submit EDD Application

Negotiate Off-Site

Access

Prepare &

Submit

RudgciLSta~cJj

Perform

Off—Site Soil lnvestigption

(Stage

Perform Off—Stte Groundwater

lnvestigatiotm (Stage

Detailed Task

Prepare & Submit Work Plan

(Stage

325(aj~)

Advance

Soil

Borings & Collect Samples

ELECTRONIC

FILING,

RECEIVED,

CLERK’S OFFICE, AUGUST 3, 2005

1),5U~jl2j

itmstal I & S~mIukidotmtior~n_Y~1if~J

Prepare

amud

St,hmmmmt Cunuplet

iomu Report

(Stage 3)

Prepare &

Sttbiuuit

Plami

Amencltmietmts as Necessary (Stagg~j

Prepare&

Suhmuuit Budget

Auuendniemuts

is Neccs~jm~_(Stajj

are

atm d

Suhnu it

A ppl icat iotm

for Pa ymetut (Stage2)

Suhttmit

EDDApplicatioti

335(c)

335(e)

33 5( e)2

340

A Iteriu at i

350

Prepare &

Subtumit Work Han

Prepare & SuhtmuitBudeet

Pretormum

Corrective Aedoiu

Aft

pprovat

Ppj~~~e&Subtuiit

Plaim

AtumendmetdsasNecess~1ry

Prepare & Submit Btideet A

dimments

as Necessary

Prepare_&

Subnut

Work Plan

Er~pare& Submit Budget

Preform Corrective

Action

After Approval

:340 a)

________

________________________

340(h)

___________________

~4~~jdj

Agency

Reciujred

Remote

Moiuttoritug

335(e)I

Prepare & Suhiuuit

Plan

Amendtmìen

~Necessaiy

335(e)2

~~pare

& Submit

Budget

Anuendnicnts as

Necessary

Negotiate_OIl-Site Access

~orT1isk

335

Detailed_Task

Cotu

ventional

335(a)

335(c)

335(e)

~e2

340

Alternative

340(a)

340(h)

340(c)

340(d)

335(e)

330

3l0(dH

~cl2

~I))

(u05(b)(3)

Major lask

2,35

Detailed Task

Comm \‘etit

otmal

Prepare & Subnuit Work Plan

Prepare & Suhnuit

Budget

Preform

Corrective_Action After

Appjpyal

are & Submit Plan

Ametidnueuts as Necessary

Er~pare& Submit Budget Anuendments as

Necessary

Pitnare & Suhmit Work Plan

Prepare &

Subtmuit Budget

Preform

Corrective

Actiotu After Approvztl

Agency

Regttired Remote Moiuito~jp’

Et~nare& Submit Plan Amendmeimts as Necessary

~f~p.4fe &

Submit Budget

Anmendments

as Necessary

ELECTRONIC

FILING,

RECEIVED,

CLERK’S

OFFICE,

AUGUST

2005

Negotiate Oil-Site

Access

Pmepame & Submit Work Plan

~ççare

Suhmuit Budg~

Preform_Corrective Action

After Appl

Prepare & Suhnuit

Plati

Anueimdmetuts as Necessary

Prepare &

Suhnmit Budeet

Atuieiudtmuetmts

Necessary

Pte pare & S

htmi

it Work

P1 a

PreparQ~thnJjtBrt~l’et

Prelorimi Corrective

Act

ton Alter Approval

340rt)

_______

335(e)

N~’otiaIe

Oil-Site Access

Agency

Required Remote

Motmiioripg

Prepare & Submit Plan Aiuuetudments as Necessary

Prepare &

Suhimuit

Budget

Atmuendumcnts as Neces~tn

Mator

Task

.355(a)

~5Iu

605(h)t3)

Detailed

Task

Prepare

& Subimitt

Correettve_Ae~j5nuc_ojppletion

Report

!rcp~trc_ilnd

Suhtmuit Status Report

withimi 4years

Prepare

and

Stttutuu

Application for

Payimmetut (Stage 3)

Prepare

& Submit F.DD AppI icatiott

Sat~p1eHandIi ng

anti

Amual y.

Max. Total

Amoumut

Chemical

BETX Soil with

MTBE

$145440

BEfl

Water with MTBE

*144-440

COD (Chemical

Oxygeti

Demand)

$30.00

Cono~ivity

$4-54444

Flash

Point

Ignitability Atialysis EPA 4410

$33.00

FOC

(Fraction Organic Carbon)

S3&00

~O~4~-G~QQ3

S60440

l~t:JSf_Poll+14ffllts_Se4_

ammalysk

tum~timueltmde

all

volatile,

5603.(.)0

ha~e/netttraI,polynttelear

urotmuatie, and

metal paratiiaf~-fMe4

in Section

73 tAppendixB

thL; Part

35(1

via ior Task

335

Detailed

task

Conventional

335(e)I

340

Altertmat

340(a)

350

ELECTRONIC

FILING,

RECEIVED,

CLERK’S

OFFICE, AUGUST

2005

Ceo

Tecluiuie+4

t),tt,

fln~i,

cTK~Lit17W)

0;,.

Lh,i...t;-.

C’

.t.,..;,;.,

.—

“‘.,‘.,-

~.t

:.,...,.

 A C~flA_flflflic

5)9,1

D16134?-7

$22.00

$4~

()natuic

(‘arhotm (\STN4

297

I-8~7-)

4i;33440

D1~:4)xygeii-fDOj

&24444

1k+m4-F~iker-(

Free

Ligttids)

$rQO

PCB / Pe:,tieicIe~(eomiuhiiuutioti)

5222(X)

pc~

Pe~,ticides

~—l-40A4Q

P41

$4400

Plueuol

*3~4440

P*+lynuclear Aronuttic~

PNA,

PAR SOIL

SI 5200

P44yt+ueIe~*Aronmatics

PN\,

PAIl

WJVFER

Reaetivil-y

S4-52449

&Ei4~4944

SVOC

—-Soil (Semi

volatmie Or~anie(~euupotJnd,)

S3—l-34444

SVO(~

Water (Setuli

volatile

Organic

Comupoittuth-)

*3—1400

4~4—fI4flalKjeldahl)

“muitrogeti

@44—.00

TIOC (Total

Orgutuie

Carhotu) EPA

9060A

*1-:44c)

P11

(Total

Petroleujum

F-1-ydtocarbotu~4

~422 AX)

VOC (V~k

Oirg~++$eCoiuupoutud) -Sf14

fNomm

Aqfteou.s)

S4-7~A40

V43C.fVolal.ile_Q+tgan4c

Conm1uotind)

Water

169.00

~1etal::

An;ctuicTCLP

Soil

Sd-b209

Ae~eHieTetal-Sei4

$45440

Arsei+ic-W*t4e,

$444440

Barium

TCLP Soil

$10.00

Buriumui Total Soil

$40440

Bariunu Water

*1—2—09

Cadnuium TCLP

Soil

$4-&00

Cadmium Total Soil

S-1-&00

ClidrnimmWat&

54-14440

Chromium

TCLP

Soil

S10.00

Chromium

Total &*i1

SI 0.00

Chroiuuiumwwinec

5-1-2-00

C_~

~00

Cynnide Total Soil

$3100

Cyanide Water

$3100

Poro.’~)y

u:’~.t

I~1.-i—..,i;~. 1’

C;...

Sieve!

P~rtft~c

C1r’,~•,;.t~,;

;~.

T&zt

flAil

(.2

c7m

Jc~.-I_i±i~-

ACP~t4

rrilQQ

(1(\

ri)AQ7

lam

$3 0.( K)

15(K)

~&00

ELECTRONIC

FILING,

RECEIVED,

CLERK’S OFFICE, AUGUST

3, 2005

1-rotu

4-Cl P

Soil

54-04)0

I romu

Total -Soil

54-44440

kewW~

$16.0()

Lead Total Soil

~~n~jg

12ea4-Water

Sl~.(X)

Mere-ury-TCLP Soil

5494)0

Meretiry Total

Soil

*344-044

Mercury Water

~a(~g~j

Selenium

TCLP Soil

$44444)

SeIef1i+ffl4 Total

Soil

5-1404)

54~09

S-4ver TC4~P-Se41

S 10.00

S4#er-Fotal-Se+l

5-144-90

54l~eeWntcr

$12.00

Metak TCLP

Soil

fa—eemNai++4ew*4al1

RCRA

muuetak)

5—1-0344(4

4.4et-aI~.Total

Soil

(a eonuhinailemef—aIt—RcR,A

mmuetals)

$91.00

N4etiil*—\½4*wconmhmxiati&’im

ot—al-l—R-?—RA—HIet-454

5—I

4—OvOO

4ili

Core® Sa-tnp4et—pitrge

and

trap sanupler. or

equivalctit

.sftm$ing-deviee

I 0.00

Snmiule

Shipping

( “mua\

iluuttmmu

total

amount

for sluipping

all

S5Q4)0~

sutiuplot; collected

in a calendar

day)

c.:t

4....

•1f.~I.qclLiC..;i,

~~‘‘‘

.J’,&,

~~~‘f~’I

~Lrr~1?~~./

C..a

C..

~i_...’.

‘i...i

ç.:

C..

—~

——,,

—.———

-.,—

XT,..

I,-.,.

?‘4~.,,

‘~/,,i-..-

,....-.

V.....

 ,.—-..,.I.

,..-.

1.’””.”...-,,

“‘‘‘~‘“~~‘‘-“‘-

C’-,

‘““‘V”/

~00

$16.00

~40

ELECTRONIC

FILING,

RECEIVED,

CLERK’S OFFICE, AUGUST

3, 2005

Section 734APPENDIX E

Selmedttle

Standard

Products

& Servtces

Sect iotm

liST_Rcnioval/Abandomutuuemut

Products_&

Se rv

ices

7348

10)

UST Removal

110-999 gallons

Unit Price

Eaclm

U SI

nova

.000—

I 4,999_gplloius

Unit Price

Each

315000

I:sT

Retmuoval

5.000+

gailomms

Unit

Price

Each

4100.00

1.51

Akumçkuim!ci

Timume & Materials

N/A

Seetiotm

1.2—

Free Product

& Groundwater

Remuuova

Disposal

Sei vices

(7~4

Free ProductJGroutmd~vaterRemoval

& Disposal

Unit Prtce

Gal

Sect

ioim

Dritjjtmg, \Vell

ltmstal lam iotu

atud

WeI1

Ahatmdonnuetut Services (734.820)

Purchase,

Tratusnortation & Placement of

Backfill

Unit Price

Cubic

Hollow

Stcmuu

Auguritug for Samplitig Purposes

Utuit Price

Foot

2300

i?irectttsh_~.dyatmcenietmt

for

Sm_umtulttmg Purtuoses

Unit Price

Foot

18.00

Well Placenuent

imm hollow

Stern

Satiunled Borehole

Unit

Prtce

Foot

16.50

Well

Placcimient

irm Probe

Advatmced/Satmu pled Borehole

titmit Price

Foot

Direct Pitsh

Imuiectiomus

Unit

Price

Foot

250

15.00

Well

Iiustallatiouu

exclusive of

Drilliiug.

4—6

inch

Unit Price

Foot

2500

cI~tnmeter

Well

lnsmallatiotm

exclusive of

Drillitutz

8+ inelu

dianueter

Wel l~

Abatudommmnen

Unit Price

Foot

4100

Unit

Price

Foot

Equipjpcnt

atmd

Crew Mohilizatioiu

Unit

Price

Eaclm

Renuoval. Tramusportatioti & Disposal

of Conianuinated

Retmuoval

Contamit

amid

Return of Clean Soil to Access

mated Soil

10.00

‘t’ard

250.00

Section

1.4

Soil

Removal

& D~spc)salServices

(734825)

~c&

Utmit Price

Cubic

Yard

5700

20.00

Unit

Price

Cubic Yard

Section

1.5

Drunu

Disposal Servie~j7634830

Solid Waste

Drunu Disposal

Unit Price

Drum

250.00

Lh~tid

Waste Drum DI~s~jl

Unit Price

Drum

150.00

Drunm

Disposal Minimum Billing

Lump Sum

Eaclu

500.00

1.6 Cone ccte

l~altand Payitu

Serv ice s

(734835)

A~phaIt

and Paving as

Etugineered

Barrier, 2 inches

Unit Price

S~uareFoot

1.65

Asphalt

atid

Paving as Engineered Barrier.

inelues

FIELD

PRODUCTS & SERVICES

Unit Price

~~~reF~t

1.86

ELECTRONIC

FILING,

RECEIVED,

CLERK’S

OFFICE, AUGUST 3,

2005

,A.sph;tltattd

Pay itug as

Engjtmeerecl

B,urriet. 4

tmmclmes

Retulacenueiut

of Asphalt

and

Pavitug, 4

inches

Re place

mue nt

Asphalt

and

placetumetmt of Concrete.

placenuent

Replace

mumen

(‘oimctete,

Pay

mug.

ittches

inches

Concrele,_4

inelmes

Replacenuemut of

Cotmcrete.

accrue ni

Rcplacetuietmt of

(‘onetiMe.

Concrete.

inches

inelmes

inches

Sota

Foot

Sn~n’~fP.o

Square Foot

Square Foo

Satiate Foot

Sauare

Foot

Square

Foot

Square

FOOL

Uimit

Price

2.35

Unit Price

Unit

Price

Unit Price

2,38

Unit Price

lJtmit

Price

3.08

Unit Price

2.45

tjtmit

Price

2.93

Utuit

Price

3.41

3.89

4.3_~

5.31

(‘otmcrete

Etug itmeered Barrier. atu

depth

Unit

Price

Square Foot

2.38

Replacement of Asphalt

atmd

Paving.

inches

Umuit Price

Square Foot

1.65

Renlacenmetmt of Asohati

and Paving .3

inches

Unit Price

Suuare Foot

1.86

Sectiomi

Field Services

Pet’fom’tmmcd

otu

Time

atmd

Materials Basis (734.850)

5ILe.StJn~rtffletmdetml

‘Fimne

and Materials

Hour

80.00

Laborer

Tinmc

atmd Materials

ilottr

54.00

Operator

IijumcillL~L~e±ais

Hoitr

5QP

Fleet

Supervisor

‘I’ituue

amud Materials

flour

I-Jour

55.00

48.00

Driver

I-A CDI.

Titmie

atmd

Materials

Driver

Il-A Oversize

Loads

Time

aimd

Materials

Hottr

55,00

Drilling Forenuan

Time

aimd

Materials

Hour

50440

Rig

Haimd

Thuie and Materials

Hour

45.00

Tinue and Materials

FOOT

0,75

Visqueen

20X

100 Roll

Gallotm

Drums

Tinue

and Materials

EACH

50.00

Absorbent Materials 2SLh/Bae

Tiiuue

and Materials

BAG

IS/JO

PVC

Gloves

Time

and Materials

PAIR

3.50

Neoprene Gloves

Tinue and Materials

PAIR

5.00

Nitrile Gloves

‘finue and Materials

PAW

Grade

Breathing Air

Tinme

aimd

Materials

BOTFLE

~QQ0

Sawzall

Blades

Timime_atmd

Materials

EACH

195

OVA/HEPA Respirator Cartridg~

Time

and Materials

EAIR

16.50

Absorbent Socks Ermmergency Response

Time

atmd

Materials

EACH

30.00

Orange Safety

Fence

(50’ Roll)

Time and Materials

EACH

85(X)

Boot

Covers

Time and Materials

EACH

5.00

Per

Dieimm

Tinue and Materials

EACH

28.00

Absorbent Pads

Time

atmd

Materials

EACH

1.05

Ituiectioiu

Sys Expendable

Poimmt

Time

aimd Materials

EACH

5.00

Chemical

Oxidation Compound

Time

and

Materials

12.00

Chenu. Oxidation Comp.

Typg~

Time

and Materials

4.00

Poly Tubing

Tinue and Materials

Fl’

(US

Silicone Tubing

Time

and Materials

3.00

1-1/2” Inch Absorbent Sock

Time

and Materials

EACH

1150

Shelby Tttbes

3”

30”

Time

and Materials

EACH

12.00

Eimd

Cap

3” Shelby Tubes

Time

and Materials

EACH

(140

Skid Steer With Concrete Break

iirtme and Materials

HOUR

35440

Skid Steer

Tinme

ammd Materials

HOUR

15.00

Skid Steer

Drilling Attatelu

Timmue

and Materials

HQ~R

35.00

ELECTRONIC

FILING,

RECEIVED,

CLERK’S OFFICE, AUGUST 3,

2005

Backluoc

I’immme

atmd

Materiril_s

lAY

2(81.00

Excavator

‘FitmmcaimdNlaierials

~),A~\’

77~Q0

Air Compressor (Trailered)

Tinue aiJdMaten’als

DAY

I 21)00

Dozer

Tinue and Materials

DAY

435.00

445.00

Wlueel Loader

T itmue atmd

Materials

DAY

Conmposi

~preader

Ti nue and Materials

DAY

100.00

Skid Steer With

Swe

TinmeatidMatedals

HOUR

35.00

~il(-’al. Speed Air Compressor

Timg~mdNjj~terials

DAY

5(100

Cotmci’ete

Saw (Walk

Belmind)

Timmue and Malcrials

DAY

100.00

115

Volt Getuerat.or

Tituuc

acmd Materials

DAY

50.00

5(100

rjraslu

Put~w

Titm~~.td

Marertals

DAY

Power/Pressitre Washer

Timmue

aiud

Materials

DAY

75.00

Drill

itme ~jg

Pressure Waslmer

Tinmeammrl Materials

DAY

50.00

½tlatmmnmer

Drill

Time

atmd Materials

DAY

50.01)

Laser Level

Iitiw.~n~)

Materials

DAY

60.00

Bitilders Level

Thneim4.M2terials

DAY

30.Ot)

tor

Ti nue a mmd Materia Is

DAY

2?).00

5j)0G~tl.P~~lJatmk

Time

and Materials

DAY

2500

I 000

Gal

Poly

Tank

Time

and Materials

DAY

35.00

51)0

Gal. PpftTatmk

Titume and Materials

PAl

45.00

Sulumuuersible

Punup

Titne

and Materials

DAY

15.00

Ox v/Aemieiu’orclu

Out Fit

‘I’ituue

ammd

Materials

DAY

40.00

60.00

Drttiuu

Vae.

Tinue

and Materials

Sawzal

Titume arid Materials

DAY

30.00

Atr

Dtaphra gm

Punmp

Timume and

Materials

DAY

60.00

Full

Face Air

Purifying Respir

Time

amid Materials

DAY

25.00

Half Face Air Purifying Re,~pjr

Tiiuue

atmd

Materials

PAl

Frmll

Face Supplied Air Respira

Time atud

M?tcñn

DAY

—

45.01)

Breathing Air Regitlator

Tinue and Materials

DAY

25.00

Mm.

SCBA

Tinme and Matetlals

DAY

75.00

Lift

hug Cable

Time

ammd

Materials

DAY

15.00

C:otmuhust ible

Gas

imidieator

Ti nme

amid

Materials

DAY

75.00

3” Trash

Pump

Time and Materials

DAY

75.00

Traffic Control Devices

(Set)

Time

and Materials

DAY

40.00

17”

19” Absorbent

Pad

Tinme

and Materials

EACH

L25

In-Situ

lmujeetion

Systenu

Time

and Materials

DAY

275.00

Tandemmm

Dump

Tinue and Materials

HOUR

25.00

Tractor Wtth

Dump Trailer

Time

and Materials

HOUR

~50

Tractor With

Lowboy Trailer

Time

and Materials

HOUR

55.00

Service Truck

With

Tools

Time

and Materials

DAY

60,00

Remediation Utiltty Vehicle

Time

and Materials

DAY

60.00

Tanker Semt

Truck

Time

and Materials

HOUR

65.00

Cargo Trailer

Time

and Materials

DAY

75.00

Dovetail Trailer

Time

and Materials

DAY

50.00

Uttlitv

Trailer

Ti.m~iic1_MateriaIs

PAl

45.00

Sqi.IYrohin~.Uni.t

Time

atud

Materials

HOUR

80/)0

Drilling Rig Utility Trailer

r~tuuHauler Box Truck

Tinue

aiud Materials

ilnue

and Materials

DAY

HOURJ

45.00

18.50

ELECTI~bI~TO

FILING,

RECEIVED,

CLERK’S OFFICE, AUGUST

2005

11(1)

Drtll Rig

‘ii mmue

atmd

NIaterial s

80,00

‘\J~

With

Utility

Bed

‘HnmeaiudMatetlals

DAY

24(101)

Free Product

Renuuval

Sysleimm

Titmue

and

Materials

WEEK

250.00

Poh’coated Tyvek

i~timeand Materials

EACH

27.50

IJ-±N~LYTICAL

& TESTING PRODUCTS

SERVICES

Sectiutm2.lClteniical

Analysis

Services

BETX

Soil with MTBE

Utuit Price

Each

85.01)

BE’FX

Water witlu

MTBE

Utuit Price

Each

81.00

COD ~Cluetimieal

Oxygetm

Detmuatmd)

Utuit Price

Each

30.00

Corrosiyjjy

Unit Prtce

Each

Eaclm

I~P_0

Flash

Poitmt

lgtutabilit,y,~\jjpl~sis

EPA

1010

I,Thit Pdce

33.00

FOfiFictionO

~zanicCarhotm)

lliuLPt:tcc

Each

38.00

Fat. Oil, & Grease

1FOGJ

Ummit

Price

Each

60.00

1._UST

Pollntamuts Soil

—

analysts

tmuusl

itmelttde

all

Utmit

Price

Eaclu

693.00

iQIatiIe.base/mueunal,

polvimuclear arotmuatie

and metal

paratuueters listed

in Section

734

Appemmdix

of thts

Pat’t

Organic

Cn’hotu (ASTM-D

2974-87)

Ummit Price

Each

3100

Dissolved

Oxygetm

IDQ)

Unit Price

Each

24.00

Paint Filter (Free

Liquids)

UtmitPilce

~iich

I*Q~

PCB

Pesticides

(cormmhitmatioim)

Unit Price

Each

222.00

PCI3s

Utut Price

Each

111,00

Pestmcides

Ummit Price

Each

140.00

P11

Unit Price

—

Each

14.00

Utmit Price

34,00

Phenol

Polytuuclear Aronuatics PNA. or PAH

SOIL

Unit Price

Each

152.

fpjynnclear Aromuuaties PNA. or PAIl WATER

Utmit Price

Each

152.00

Reactivity

tJtmit Price

Each

68.00

SVOC

Soil (Semi-volatile

Orgammic

Conmpounds)

Ummit

Price

313,00

SVOC

Water (Sermui-volatile Organic

Conu~p~4~)

Unit Price

Each

313.00

TKN (Total Kieldahl)

“nitrogen”

Unit

Price

Each

4400

TOC (Total

Organic Carbon) EPA 9060A

Uiuit Price

Etch

31.00

TPH (Total Petroleum

Hydrocarbons)

Unit

Price

Each

122.00

VOC

(Volatile

Orgammic

Conupontud)

Soil (Non-

Unit Price

Each

75.00

Aqueous)

VOC

(Volatile Organic

Conupouimd)

Water

Unit Price

Each

169.00

Section

2.2 Geo-Technical

Analysis Services

Bulk

Detmsity

ASTM

D4292 / D2937

Unit

Price

Each

22,00

Ex-Situ Hydraulic Conductivity/ Permeability

Utmit Price

~cli

255,00

Moisture Cotitent

ASTM D22 16-90 /

D4643-87

Unit Price

Each

12.00

Porosity

UniI Price

Each

30.00

Rock

Hydraulic

Conductivity

Ex-Situ

Unit Price

Each

350.00

Sieve / Particle Size

Analysis

AS’FM D422-63/

Unit Pdce

Each

145.00

40-54

Soil Classificatiotm ASTM D2488-90 /

D2487-90

Utmit Price

Ej~ch

68.00

ELECTRONIC FILING,

RECEIVED,

CLERK’S OFFICE,

AUGUST

2005

Sectiomu

2.3 Metals

Analysis

Services

—

Arsenic TCLP Soil

Utmit

Price

F.c~ch

Arsenic

Total

Soil

Utmit

Price

Each

16.00

Arsemuic Water

Ummit

Price

Each

18.00

Baciutmu

TCLP Soil

Unit

Price

Each

1(100

3artutuu

Total

Soil

Unit

Price

Each

10.00

Harittiuu Water

Urm it Price

Each

12,00

Cadnuiutn

TCLP Soil

Utmit Price

Each

.L~2Q

Cajmmiittnu 1oial

Soil

tltu it

Price

Each

l~00

Cadtmmium

Water

(‘Imtotuuiutui

TCLP Soil

Unit Price

Each

I 8.00

Unit Pticc

Laclu

10,00

Clutoimu iutuu Total

Soil

Utuit

Price

Each

I 0.00

~IutuiutuuWater

it Price

Each

2.00

Cyatmitic TCLP

Soil

Unit Price

Eaclu

28.00

Cyanide

Total

Soil

Utuit Price

Eaclm

~4.rP0

Cvammide

Water

Umuit Price

Eaclm

—

34.00

Iron TCLP Soil

Unit Price

Iromt

total Soil

Uimit Price

Eaclu

1(100

Iron Water

Unit Price

Each

124)0

1&00

1~ead

‘l’CLP Sod

Utuit

Price

Each

Lead Total

Soil

Unit Price

Each

16.00

18.00

Lead Water

Unit Price

Each

—

Each

Mercury TCLP

Soil

Unit Price

19.00

McrcuryJp~alSpH

Unit Price

Each

10.00

Mercury Total Water

Unit Price

Each

26.00

Selctminium

TCLP Soil

Un it

Pm’ice

Each

16.00

Selenium Total

Soil

Uiuit Price

Each

16.00

Selent um

Water

Unit Price

Each

15,00

Silver TCLP Soil

—

Utuit Price

Each

10.00

Silver Total

Soil

Unit

Price

Each

10.00

SilverTotal Water

Metals TCLP SoJjJj~~o~JmhinatiQtmofaIlRCRA

tumctats)

Utuit Price

Each

12.00

Unit Price

Eaclu

103.00

Metals Total ~

Mcialsl

Unit Price

Eaclm

94.00

Metals

Water

cotmuhinatiotu

of all

RCRA metai~i)

Unit Price

Each

—

Each

I 9.00

Soil

preparation

for Metals TCLP Soil

(one

fee

per

Unit Price

79~QQ

sanuple)

SoiLpreparation for

M.~inisTotal

Soil

(one fe~p~r

UnitPrice

Each

15LX2

~jttuj~e

Water ~-e~ration

for Metals Water

(one

fee

per

Uimit Price

11.00

~jnpje

Se.-tion

2.3 Other Analytical

Products & Services

Etu

Core Sampler, purge-and-trap sampler or

Unit Price

Each

10.00

ç~ivaIent

sanupling device

ELECTRONIC

FILING,

RECEIVED,

CLERK’S OFFICE, AUGUST

2005

Sammmple

Sjjj,ppitme

(

mumaxinuutmu

total

iimimmutmt

for

sluitupitme

l’or all

s;mmmmplcs collected

in acleimtlar tlay)

pitt

Prtce

50.00

ill_PROFESSIONAL. CONSULTING PRODUCTS

S ER V IC ES

Sectton3.i

Professiotmal

Consultitmg Services

gi iueer

Ti nmc’t

mmd Materials

Ilottr

(J3

Professiotial

F.tmcttmcer

lime and

Materials

Hour

126,76

Geolocist

Timmue

and Materials

Hour

93.37

Th’c!L.c.~plo~I

‘lime

atmd

Materials

Hour

121,94

Sciciutist

Timmic attd Materials

Hottr

83,00

Pt’oicct

Matmacer

‘i’itmmc

atud

Materials

llcior

.U2~5

Techtuician

Tituuc

ammd

Materials

Jlottr

64.17

Accomtnt

Teclmtm

ic iamu

lime

aiud Materials,

Hour

79.

Adtuutnistrative

Assistaiut

Titime

amud

Materials

Hour

49.79

Draftperson/CAD

ThimcipidMaterioj~

Hour

65.52

Scctiomu

3.2 ProfessjpIujjl~~tusultimmEqniptncut &

lims

r o tm mci

mmat i o

Ph Meter

Timmmc and Materials

DAY

35.00

Electrotmie Water Level Intlicator

muue and Materials

DAY

30,00

Metal Detector

Time

ammd

Materials

DAY

25.00

Damalogger

Time

aiud

Materials

DAY

150.00

lransdtmcer

Tiimie

ammd

Materials

DAY

50,00

Well

Putuup

Time

and Matertals

DAY

60(X)

Colorinueter

‘T’itnc and Materials

DAY

100.00

Colorituueter

Rcageiut

Titiueatmd

Materials

EACH

(195

Pliotoionization Detector

Titnc

and Materials

DAY

105.00

Hatmd Auger

Tinue and Materials

DAY

32,00

Oil/Water Interface

Meter

Timmme

atud

Materials

DAY

2~P~

Peristaltie Punup

Tinue

and Materials

QAI.

65.00

Bacterial

Growth

Test

Kit

Time

ammd

Materials

EACH

4.01)

Skimuumer

Time

and Materials

WEEK

50.000

Multi-Meter

Tittme

atmd

Materials

DAY

50.00

Site

Survey

lnstrumenUEquip.

Time

and Materials

DAY

250.~

Environmemmtal

Utility

Vehicle

Time

atmd Materials

DAY

60(X)

Section

3.3 Professional Consultimmg Materials &

Supplies

Latex

Gloves

Time and Materials

PAIR

0,40

Manifest

Tinmc and Materials

EACH

3.00

Disposable

Catuiera

Time and Materials

EACH

10.00

lleadspaee Analysis Containers

Timmuc and

Materials

EACH

0.15

VoaSammmpling/Preservation

Kit

(9000-9001-9002)

Tinuc

aimd

Materials

EACH

04)0

Dedicated Poly

Bailer

Tinme and Materials

EACH

20.00

Qlass

Drunm~immtr

Tinuc and

Matedals

EACH

4.50

Digital

Catmuera

Time

ammd

Materials

DAY

25.00

EcLrous Sttlfaie

Time

and Materials

POUND

1.00

ELECTRONIC

FILING,

RECEIVED,

CLERK’S

OFFICE, AUGUST 3, 2005

j\Vf,gg~es

_________

________________________

Lmmmme

amid

Marcmials

FACE!

(LID

Color C~pjcs

Timmic

atmd

Materials

EACH

___________________

Sectiomm

3.4 Per Diem,

Mileage,

Lodgimue

Per

Dictmm

Timmmc and Materials

EACh

28.00

Mileane

‘lime

and

Matem’ials

MILE

0.38

Lodnipg

Iituuc

atmd

Materials

NIGHT

100

n__s

44~4e

Deeree44eqmThred

h4c-em.e

Mitu.

peiwmuee

P.4-a±

14ow4

R~e

Etu$imuccr

F-++?m~wev-Ij

kn-e4+weF-114

Pe,+4em+aI-44w+neet

~e+*w424*4~-bfw4He~’

BfieTerH~’s-4uu-E*g’’g

&+e4meh44c4uI~444wJ14eei4t+e

Bachelors

ui-f mu~mee’1~g

BaclucItw-E~+mieei4i+e

I4aehehA-4+*-Enghiee44l+g

N+s+e

Nsiue

Nene

PVE-.

P4L

&7-?4444

W404X4

~,-l-l444)0

I 30.04)

Gek4Lu~i*4-4

c~+h.~~i-44

(2e*u.k.4

Ill

Prof c~,cioiuaI

4e?4eg4M

Sen~~4+EIa44.4te4nI4*git4

L4~1ehe4e+4e+~-eEI=Iyt4i-c*geeleg*

Bfteluel+w—s—*n—Geolog~or Hydrogeology

f4aehe4**t~-in-.GeeIogyor Hydrogeologv

Hydrogcology

B*icluelor’:;

imu Geology

or 1-lydrogeology

N+*me

N4÷+4e

None

P4~

PA4

~44440

‘MX4

~l44&044

M)Q4X9

10.00

Set*t+s4—L

Seuem÷4~41I

Scicmmtisl

Se-ien4.TV

8e*i*w-Seieo4t+4

B*lebe4+w2-&4e-a--Nafural or Physienl

Science

Bachelor’s

Nahmral

oc- Physical

Scietuce

Bechelor’s

itm

Na4Ltral+n~PluysicalScietuec

Rae hehar’s-ifi-if Nal++fM-ef-Physea1-Sdeeee

I4aehekw-~+-i+ma

Natut’al or Physical Science

None

56(100

$65.00

$744)Q

&7v5v4400

SSM400

Senior

ProJec-m-.Managef

None

~one

None

42’

$~)th0Q

S4-QQMQ

Technician

Tecluimiciaiu

l’cclumuiciatu

l’echniciaim

Setuior Technician

None

6’

~,4S444)

$5444)

$55Qp

60v00

ses..oo

Accottmut Technician I

Account

Technician

Aecowut Technician

Ill

Aee+nitut

Tcclmnician IV

Semmior

Aect.

Teclunmeiun

Adnuinistrtmtive

As~,istw34-4

Aclni-ioi4fntive Assistant

None

§~

~1,354X)

$404X4

$15.00

$a4MX)

£.~Q~)

$MX)

4Y~4)4)Q

$35.00

~40vQQ

$15.00

None

4’~

4’

8’

Adtuuimuistrative Msistanl

ILl

A-drn+mw,n-atkLe~M#44a44~P1

Senior

Admuuin

Assistant

Draftperson/CAD

None

2’

*4444(4

*454400

Draftperson/CAD

ELECTRONIC

FILING,

RECEIVED,

CLERK’S OFFICE, AUGUST

2005

Dral’tpcrson/CAE)

144

None

*54)44(4

Draftperatm/GAP—W

-None

None

(3’

8’

£5$44(4

4404)0

Scmuior DraIlpcrsotu!CAD

hgtmmvaletmt

work -cenle+l—oc—col4en?-le’,el

er~.5.1~

•,,~...

co1trscwo’4—+4+—flie—pl+wn’~th4+4t

ef—e++tfOnfnenHt1-sciemuce.’,

can he

suhstituted-for

:mll

or putt of the

Eqtmi ‘,alonl- work —iek*ted—t.c—?el1ege—1e’el— educatiotu

wiOu

sigiulficatut cour.ev,’orh—

accotmtmt iimg or

im44e_eanJ~_~_nh~.~rlmtp(l

tur

parl—o4—Flme

speeded

ex~uer~emuce

reqtnremuments.

n1t

trY V

s”

nv’rrn

fl,

4e#e4-edoca(4+M+-wkh--i4~tu+W4eonF

tim’

‘~‘

‘s,ep~ei*be,.~n1i~tmtuted

?~E±I*4s~ahen4_woth~

cml

cob Ieee be~eTedueinion...4tli4eni4:ie’

eo44ffie’.’’l~~n4n44ni~-+w

colmm~umm4eF—1nde4desigImLCAD’’+ef*4+—he—subMinmted for all

or part of thespecified

espcrienee

req

u ire

mume

ELECTRONIC

FILING,

RECEIVED:

CLERK’S

OFFICE, AUGUST 3,

2005

Appendix

F-

Scope

of Services

Reasonable Quantity

Gthidance

for Standard

Products &

Services Listed

Appendix

Scetiomu_734.810:

LIST

Remuuoval/Ahatmdotumuueiut Services

Avn~tuThxESeetion: Secttotm

LIST

rcrumoval

services

immcludc all

lahot’. cqtmipnuemut,

tumaterials and supplies typically

necessary lo permji.

y~uorfive, excavate.

rcnuove, purge, cut, clcq~transport

atmd

properly

dispose of

underground

storage

tamuk

us wej

the

rviecs

,mtmd

mmmaterial necessary to backfill

iheexcavattomi.

(Excavaliotu, tramusportatiotu

~mud

sposq

c orm

muu

m n

ite cI

luic

soil

m mud

liii mumpum~ c o

mmneri rmt

utud

dm’~pos~Lo

hrjpm~~js

muot

itucluded)

LIST

atuatudonnmemum

Sen ices

inclm.mdcs

all

labor.

eçj~jptmuctit.tuiatcria K

supphes

ammd

suhcotmtracior~ervices

typically

necessary to

ruermmuit,

vapor free,

excavate

(if

n~ç~ysjt~y),

fill

withu slurry

atud

properly ahamudorm

atu

ummdereround

storage

tamuk

imu

conupl iatuce

with

the

requiretuuetuts of th~jI

ilmois

State

Fire

Marshal.

Excavation.

ramusportatiomm

mmd disposal of contatiu imuatcd

hackl’ilt or soil

mud

Pu tnpin g, eotutaitucrizat ion

and disposal of liquids

muot

iiuelitded

BilLing

Met/mod

Unit of Measure:

Pursuant to Appendtx

E, the

Bill

Method

for Tank

Renuoval

services

is Unit Rate

amid

the

Bill

Method

for

lmk

Ahandonmeimt Services is Tinue

and Materials.

The

Utuit of M~surefor

Tatmk

Reimmoval Services is

“Each’.

Reasonable Q,u~ni

ii y Gm,n/anee:

These services will

generally be

rendered

iiu association

with Task 734.2i0(l)çlJ~.

(e)

ammd

340 (e).

A quantity of one (I) unit shall he presumed reasonable for each taiuk renuoveda,~c.p~jjof

a corrective

action

provided thaI

the

Office

of the

Lhhinois

State

Fire Marshal considered

the

tank

to be

a r~gp~ated

and

eligible

underground storage tank

and

that

the removal did not occur

prior to the

Lncident Date

The

~ndard

Product

or Service code shall

bc_selected_based ttp~irthesize of the

tank

hemng removed.

Professional oversight

of these Field Services is appropriate.

cnvironnuetmtai.professional should be on

site at

all

inmes durimmg

tank

renuoval activities.

The hours necessary for the environmental

professional to

ttavel

from

his or her office to and fronu the

job site prior and subseq~~

mnkreiuuoval or ahandonnuent

services

is reasonahle

as are associated per

dienms, lodging and

nuileage.

An engj~eer,technician or

geologist would typically

he expected to staff this field oversight aglivily.

ltmstrtttuuemutat

iomm

and equipment

that

would

typic.j~jjy

~3,pççiedtcm

tue

associated

with tluis

professmonal

oversight

includeLhur ate iuot limited to, the

l’ollowing:

Comhustihlc

Gas Lndicator, Photo-Ionization

Detector. D.j~osahie

Canmera, Headspaee

Aiualysis Containcis,

Utility Vehicle.

ELECTRONIC

FILING,

RECEIVED,

CLERK’S OFFICE, AUGUST

2005

c’s:

Free

product

rctuuova

and disposal

services

atmçj_gfouimdwater rctuuoval

and disposal services

imuc lude

all

labor,

erlu ipmm tent,

mumaterials,

sqppj_ies mmd

stmhcontractt

services

typically

ruecessary to remove2

coimmainei’ic.

tratmspOrt

mud

propet’l y

dismuose c_f free j

u4_c_iTgrorwdwfiier

via

vacmmmmlmm

trttck

or other

html k

d msposal

mmuethod.

The design.

eocustructioim

opematiomu.

tumai mmtemuaiuce and clostmre

of free

prodtict

gfl~uudwaterremoval or

treatimuerut

svstetuus

is !J~Lcovctvdj!m_these

services

The di,~posalof liquid waste

___________

imi

Otis Service,

Disposal

liqtmid waste

via

gallon_druimi

covered

/3/i/in

Meritod

(,/pj

of Measm

oi’:

Ptmrstmatmt

Appendix

E_~tlucBill

Method

for these

services

I.mmit

Rate.

Tlue

Unit of Measure for these

services

is “Gallon”.

Rc’asonah/e Quantity Guidance:

These_scnic’es

wi.ft,getmerally

retudered

associatiotm

with Task 734.2

0(h) (I). 734.210

(Ii)

(3),

734.2Wth)

(6).

734.210 (f) (I), 734.210(f) (2).

734.210 (f) (3),

215

(a) fj_),.~214Le~Jl5

(a)

I), 315

(a)

f~k320(a)(l ),320 (a)(2).

325

(a) (l),325 (a~J~I_335(c)and

340

(c).

quantity of one

)unit shall

prestmmmued

reasonable

for each g~jjonof free product

or ~rourudwaterdocunuented

as hejpg properly

disposed.

If time

nunmher of

ga lions actually disposed

less than

294

gallotms. the

tmmirm

itumtmmmm

quantity of

two—lutmmmdred

mm iuety

four (294)

gallons

slua II

reasommable

aimd

paid for atm

otue disposal episode.

Pt’ufesstotual oversisht

of these Field Services

~_a propriate.

Arm cimvironmental

professtonal should be

smtc

~ll tmiuucs dttru~g_fl~e

psi

torimu ince of thesc scrs ices

4he houts mmecessary

for

the

environnteimt

professional to travel from

his or her office to_~p4Ionj_ffic_js!ftsjAe

prior to and subsequemut to these

services

reasotmable

as are associated

per diems,

Iodizing and

nuileage.

Teehniciamu. Geologist or

$ci~!1Uswould

iuornmally he expected to staff this oversight

activity.

Ltmstrunmentarion and Materials and Supplies that

wottid typically

he expected to he associated

with the

Sectioti

734.815:

Free Prodttel

Renuoval&Grotttudwater

Remmioval

& Disposal_Services

A ppemmdix

Seettotu:

Sect ion

I .2

gall&’tt

druttu

snot

itmchimded

imu

Section

734.830.

professional oversight

of these services

include, hut are

not limited to, the following:

Conmhustible

Gas

liudicator, Disposable

Cammmera.

Oil

Water/Limterface

Meter,

Utility

Vehicle, waste manifest.

ELECTRONIC

FILING,

RECEIVED,

CLERKS OFFICE,

AUGUST 3,

2005

Sectmotu

734.820:

l)rr Iittmrz.

\Vel I

liustal lat

ion

amud Wel

Ahamudotuiuuemut

Services

Appctudix

E Section:

Sectiomu

1.3

.S(

0/fl’

.S’ert’i( es:

‘fhese services

are

suheatceori icr

i muto

the

follow inc

Services:

I lol low

stemuu augurirug for satuupjj~g.

jDirect push

advatteetmmetut

for satnp~img

3.) Well

placenueiut

luol low

stcj~j_

sammmpled borehole 4. ) Well

Placetuuemim

iim

proc

advaimcedfsarmipled

luoreimole

5.) 1)ireet

pusit

irm ect ions,

6.)

l~_ç~ftow_~fçruu

auettring/wcll

immsta!larioru

ommly;

7.) l)ircet push advancemmment/weII

iiustallatiomi only, 8,) Well

ahatudoiurmuctut,

9.)

Eqtmipnmemmt

and Crew

Mobilization.

Iollow

stctiu

attg,ttritu~satiupl

i tug atud direct

ptrslu

advatueeiuuciut/sammu p1

imu g services

imucl ude

all

labor,

~?jupnuerut,

immateria Is. stmpplies

amid

subeotutractor set’viccs ty ruicaII y necessary_to

advance a

horeiuole

nto

tiuc

stmhstmrface

for purposes of collcctimug

atm

atual vOcal sanuple.

Tluis

mmcl

ides

tlue cost

deeormtatuumate

dril

It rue eqti !pJmcP_t.

betwecru

sarmuples

atmdlor borehole locariotus

btmt does not

mmmcl ode

time costs

rmecessary

to set

monmtori tug well.

Well

placenuemut

imu hollow

stemuu

satuuple horeluoles

arud wefl

placetmient in probe advanced/sammupled

horeholes

includes

due costs

of all

labor, equjpjuucrut

muuaterials, supplies

atudl subcontractors to

p~~pcrLy

install

nuomuitorttue well

in an

au,gured or probed luole. hut

not

the costs to advance

time

hole

situce the costs of advarmeimug

tlue

luole

are

itueluded

the costs

to advamuce the

luole for

sampling purposes.

Direct push itujeetions

include

all

labor,

etjrtipruucrut,

nuaterials

armd

supplies

and subcontractor

services necessary to utilize a direct push utuil to

imujeet

compoumud.s

into

tire subsurface for bio-

augmetutal iomu,

hio-eruluamuccment or other

purposes.

Hollow stem augitring/well

installation only and direct push advancermuent/well installation omily

ineLtide the costs of all

labor,

egLtiptnent.

materials, supplies

and subcontractor services necessary

advamuce

a hole

into the subsurface for the cxelitsive

ptmrpose of

rtustallitug a tnonitoritig,

recovery or

treatriuent well.

Well

ahamudonment services

include all labor, equipment, tuaterials, supplies

arid

suheotitractor

services necessary to

properly fill, seal and abandon a t’nonitoring, recovery or treatment well.

Mobilization services include all

labor, equipment, nuaterials, supplies and subcontractors

necessary to transport

all

persomunel arid equipment

from

tIme contractor’s primary office location

to and from the job

site.

ELECTRONIC

FILING,

RECEIVED,

CLERK’S

OFFICE, AUGUST 3,

2005

Billing 4kiLu’ci

Cit ii

(i/Measure:

Pmmrsmtant

to_Appetidix

E, the

B ill

Metlmod for these services

Bill

Metluods

‘l’ahle

st moulated

tlue

‘Fable Below

Hollow

Stcnu

Auguritug

for

I,Jruit Rate

Foot

Satumpl

mg Pumioses

Direct Pttslu

Advamucctiucrmt 1~

ljmuit Rate

Foot

for Suniplttug Purposes

~Vel

Placenmeiut

imu Hollow

Stcruu

1ss~Uimit

Rate

Foot

Samuupled

l3oreluole.

~Vcll Plaeertuctut

iru Probe

~sM

Utuit Rate

Foot

Advanced/Sampled

Bor’cluole

Direct

Puslu

Imujectiorus

14+e+

Utmit

Rate

Foot

Hollow

stem augurirug/well

l~se4Ijtuit Rate

Foot

irustallatiomms 4-6”

Probe advamuecttmetut/wcl

Pest

Urm rt

Rate

Foot

installatiomus

8+’’

Well

aharud

cumu tiuemu t

Fe444

Utnt Rate

Foot

Equmpnuemut

& Crew Mobilization

Unit Rate

Rea.cunable Quantity (;iudanc(’:

Drill immg.

well

irusrallatiorm

atmd well

_______________

Task

listed

time

L,~~jg_Jurovided

below.

Products

Services Associated Task Table

Hollow

Sterum Augum’imug/Sanmpling

211 ) (h) (2),

215

(a)

(l),2l5

(e),315 (a) (I),

315

(a) (2), 320

( a) (I).

320 (a), (2).

325

(a)

(I).

325 (a) (2), 340 (c),

Direct Push

Advancemuueiut Sampliqg

210

(lu) (2),

215

(a)

(1 ),2 15

(c).3 IS (a)

(I),

315

(a)

(2), 320 (a)

(IL 320

(a), (2

), 325

(1),

325

(a)

(2), 340 (c),

Well

Placemnemut in Hollow

Stem Sampled

215

(a) (I),

315

(a)

(2) (B), 320

(A) (2),

—

Borehole.

325 (a)

(2),

340 (c),

Well

Placenuent in Probe

315

(a)

(2) (B), 320

(A)

(2).

325

(a)

(2),

Advanced/Sampled

Borehole

340 (c),

Direct Push

Injections

340

(c)

Hollow

stem

auguring/well

installations

315

(a)

(2) (B)

Probe

advancement/well

installations

315

(a)

(2) (B)

Well

abandonment

315

(a) (2),

320 (a)

(2),

325

(a)

(2),

340 ~gj

Eqtmipruuent

& Crew Mobilization

All

time

above,

ahaimdonnuent

services

will generally

rendered in association

with

ELECTRONIC

FILING,

RECEIVED,

CLERK’S

OFFICE, AUGUST 3, 2005

condticted pursuant

to Subpart B

of this Part, with the

excepliorm of those

Tasks associated

witlu free product

retiuoval

perforruued

pursuant to

arm

approved

plan.

tiuc

owrmer

or operator shall

dertucumustrate tluat the

drill irmg,

well

installation

aiud

well

ahaiudomuiument

serv i,çç_~jwere necessary to

aclu ievc

the objective of Suhpart

Each foot

of drilling validated as tuecessary tocç~jfljl

witlu S,uhpan

B shall

dceitued reasotmable.

sirmgle

nmoiuilization

sluall

deenued reasonahle frur each

drillirmg episode required

in assoc jam iotm

witim Task

performed

itu order

to rmueet

the

iequ irenucruts of~~pp~t_B.

For services

pert orrumed pursuatut

tru

Subpart

C of

tlmis

Part, a

unit of one

foot

siua

II he

decnued reasonable

for each

foot

horeimole/prohehole advatmced

locatiort

atud

toa deptiu

mmecessary to

cotmmp!y w rtlu

tlue

S ire

mu vest i gal

ioru

provisions of

Sttbruart

For drilling, well

i nstal Urtion

atud well

aharudotmtmuetmt

services

pcrfortmted

pursuatut

to Subpart

uruit

of one

foot

slual

deermucd

reasotuahle

for’ eaclm foot

hot’ehoielprobchole advarmced for purnoscs of renuediatiorm

provided that

the

ajuproxttuuate

locatiorm

and

depth of the borehole was approved

time coiTesponding ~vorkplan.

For hollow

stenm aumztmrin~satnpl

ing

services

and drm’ect

puslu

arlvanceiuuerut/sarum p1 iru g services

ruuiiui nmrituu quantity of scveruty

t 70) feet

shall he

coimsidered reasonable and paid

per augtmriru&prohing event even

the

actual feet augured!p~ohed

less.

For direct push irujectioru services,

nuiniimmunm ~

he corusidered reasonable

armd

paid per direct

puslu

iniectiorm

evermt

evelu

if the

number of feet actually

advarmced

is less.

Tlue origirmal

depth

of the

well advanced shall serve

as the reasonable quantity in determirurng the

nurmuber of feet that

reasotu able for well

ahatidotuumerut.

Professional oversight

of these Field Services is appropriate.

envirotmmuucnt,a_,professtonal

sluoirld

~fteit

all

times during

tiug

iifornuaruce of these services.

The

hours luecessary for the enviroiunuemmtal

pçqfessional to travel

from

his

or her oFf tee to and from the

job sj&,pfrpr to mid

suhsequeiut to

he:

services

is reasonable as are associated per diems, lodging and

nuileage.

Atu engjncer

technician.

geologist or scientist would

noriuually he expected to staff this ovcrsicht activity.

Professional oversight

services

would

not he expected for Equipnuent and Crew Mobilization

servrees aiud

Well

Ahamudonmiment

Services.

Instrunuentation

aiud Materials and Supplies

that

wotmld typically h_~g~çted

to be associated with the

prQfr~sionaloversight of these services

include, but are not limited to, the following:

Metal

DetectoL

Photo-Ionization Detector, Disposable Camera. Headspace

Analysis çorutainers, Utility Vehicle,

Electronic

Water Level Iimdicator, Latex Gloyes,~Matmifest,Site Survey Instruments/Equipment, VOA

Sampling Preservation Kit.

None of

the instrumentation or

equipnuent

would

be expected for Well

Ahandoniuuent Services or Equipment and Crew Mobilization

Services.

Section

734.825:

Soil Removal

and Disposal

Appendix

E Section:

Section

1.4

ELECTRONIC

FILING,

RECEIVED,

CLERK’S OFFICE,

AUGUST

2005

SrurJ

renmioval

and

disposal servrces are

cat~oriied

:mnmto

three sen ices

Irsted

the

Scope of Sem’viee

ItlulL,

Be lo~

flue

scope

st 0. lets

mtmrme

toe

m’.meu

tI so pros tded

rrm

the

Scope ol Ser~

ices

‘f’aiule

he low.

Scope

of Services Table

This

service includes

all

labor.

equipmerut,

muuaterials, stipplies

and subcontractors

imecessdtry to excavate,

load. transport and

dispose,

a permitted

l’acil it y, all

con tan

i nmated

soil

and

all

corucrete, asphalt

pavimug

overlyitug suclu

contanuinated

soil.

Billing Method

(hr

Measure:

The Bill

Method

for

these services is provided

in the

Billing Method Table

Below’

Renuoval, transportation anud

disposal of eontanuinated

soil

Cubic Yard Unit Rate

Cubic Yard

Reasonable Quantity

Guidance:

Contanmiimated soil, hackli!

hug arud clean

overburden

Imarudling services

nmay

be expected to he provided

association

with the

followine tasks:

734.2l0j~)j3),734.210 (h) (2), 734.210(b) (4), 734.210 tfl (3).

Retmmoval(rarmspoi’natioim

ammd

disposal

contarmuitmated soil

~tnihiisetmiimmsptitationarmd

placenuetmtof

clean backfill

This

service

includes all

labor,

equipnmemut,

ruuaterials.

strppl ies

and suheomutraetors

necessary to acquire.

transport, tinload and

place clean

backfill

riuto an excavation.

Removal

armd

Return of Clearm_Overburden

This service

irueludes

all

labor, equipmetut,

nuatermals,

supplres and subcorutractors

necessary to excavate, load, transport,

uruload

arud store clean overburden

the

oh site arrd then load,

transport and place

the

nuaterial back into the excavation

after

renmedial services

are

completed.

It does

not

include costs to store nuaterial off-site if

the

job site

location is

rmot large enough

permit

orm site

stockpiling.

Purchase, transportation

arud

pjacetnent

of clean

backfill

Cubic Yard Unit Rate

Cubic Yard

Removal

and Return

of Clean

Cubic

Yard Unit Rate

Cubic Yard

Overhtirden

ELECTRONIC FILING,

RECEIVED,

CLERKS

OFFICE, AUGUST 3,

2005

734.2 it)

(4 t(4),2lStc

335 K). 340

(ci_tcortthmnation

soil

cromrndwaterrcimiediattomt).

For ptmçppses of cletertuuinimug a Reasoiuahle Quarutity the

guidatuce provided

imu

tIme Reasonable

Quarutity Guidaruce Table

below

sluall he

I ize’d.

3~rtutld’gflr.~urj~ses

a Reasotualule

Quatutit_yi~~lthe

time estiniatect

lenetim &x

width &xdepttrol

the

excavation multiplied

tiruues

1)5.

For

purposes

reinmbursement flue Reasonable

Quantity

shatl

flue

ntmmriber

mit

tons

ntisiu.mseml divmded

1.5

a sire specific

csrmvens!on factor: calculated b~scientmficalIyacceptahtc

meamus,

Soil

volumuues renioced from

time

areim

irimrumediatet~adiacent

time

extermor of attS’F

durrtuc

early action shall

not

exceed the

vat

ues

turovictscLm

A.imctmdix

C’.

Purctuase.

iranspcirt~mrim.nand

placenuent

clean

kincktilJ

Cubic

Yard

Unit

Rate

Cubic

Yard

Unit

Rate

Cubic

Y~rrd

For

hudgetitie..Ptirpmises

a Reasonuahle

Qnmarutily

shall

the estimated length

width

& depth

the excavation

ojfflsU

tied

tinues

I .05.

For

ptmrruoses

of reinihutsememmi

ttuc

Reasonatule Quantity

shall

time

ruumuutuer of

toils

disposed divided

1.5

or a site speciflc conversion

factor calculated

sciermtificatty acceptable mearus,

Soil

volumes

removed

fronu

the area inunuediately adjacent

the exterior of a

USE

durujg eajJ~ec m

shalt

muot

exceed the values

provided in

Appendix

Renuova! and Return

Cleamu

Ovemhutdemm

Cubic

Yard

For hudgetingand reimhurscnuent purposes a

Reasonable Qu~ntityshall

the esninuatcd

tcmmgth

width

& depth of the excavatjppj!mufljj

lied

tinues

.05

Professiotual oversight of

timese Field Services

appropriate.

Art environiuuetutitl

professional should he

orm site at

alt tinues during these services.

The hotrrs

muecessary for the

eimvironiuuental professional

travel

from

his or her ofl’ice to and

i’ronu the

job site prior aiud

subsequent to the performance of the Field

Services listed in this Section

is reasonable as are

associated

per dienus,

lodging and

nuileage,

Personnel

that

xx ould

appropm late to

perlom

oversieht of

tlmts Servrce

itmciude

Geojpgist,

hrn,rimeer

Feehmmmciuu

arid Project Manager.

Itmstrumentation and equipnueiut

that would

typically be

exNcted to

he associated with

the professional

oversight of this Field Service

include,

but

are not

linuited

to1 the following:

Combustible Gas

indicator,

Photo-Ionization Detector, Disposable Canuera, Hea~yrace

Analysis

Containers, Utrlrty

Vchrcle,

Latex

Gloves. Site Survey Itustrnments/Equipment.

VOA Sampling Preservation Kit, Maiuifest.

Rcasonehle

Ouammtitv Grtidance

Table

Remumoval,

Cubic

Yard

‘

Cubic’

Yard

transportatiomu amud

timuit

Rate

disposal_of

connammmi

muaresl

ELECTRONIC

FILING,

RECEIVED,

CLERK’S

OFFICE, AUGUST

2005

Section 734.830:

Drttmuu Disposal

Services

~Qpetudix F Section:

Seeticuru

1.5

Sm ope of

Sen

ic es:

SQiliL~asteDrum Disposal

services_include

all

hibor,

equipnment,

subcorutractors

typically

iuecessary

Ptmreiuase. transport

aimd

rh sluose of 55

galloru dru mmus

conutairm imug muon—hazardous solid

waste

~enerated

during a corrective

action.

kiqpid

~Va.ste

Drtmium

Distuosal services

include

all

labor.

equipnuent, rmuatertais.

stipples

aimd

subcontractors

typically necessary

to p~~hase,

transport

amud dispose

of 55

gallon

drunus

coiutaining

non-

hazardous

liquid

waste

geruerated during

a coilective actron.

am/lug

Met/maci &L/jiiLo

Measiuut’

Purstmamut

to Section

1.5

of Appendix

tire

B ill Method for these services

Urmit

Rate.

The Unit

Measure

for Drunu

Disposal

Services

provide

Section

of’ Appendix Es

iiPnmtum”

ReasonabIeQgnri~yjiuiid~uncc:

Pnmudisrusi4ssavices

will

generally

reiudered in

associatiorm with Task 734.2 10

(f)

(jJ~35(c)an_çj

340 (c).

~quantiLy

representing eaclu

gallon

drunu or portion thereof

that

is required to be disposed

pursuant to

the

provisions of the Act shall be considered

to he

reasoiuahle.

mininuttnu Quantity of foyiji

uid waste

drunnsis reasonable per disposal event and a

nuiruinmttnu

quantity of two

solid waste drums

is reasonable

per disposal

event, even

if the

actual quantity of drunms disposed

per event

is less

than these levels.

Professional oversight of these Field Services

is not necessary~

ELECTRONIC FILING,

RECEIVED,

CLERKS

OFFICE, AUGUST

2005

Sectionu

734.835:

Concrete.

Asphalt

Paving Services

Appenudnx

E Seclioti:

Section

1.6

Commcrete ~

necessary to insutl!c211

rete or as

tualt as

aim

~pJucrere ns

asstnrmued to he ~

Pursuant

to Sec~j~i~.6of

Apperudi~~j~~ili

Method for these services

Uruit

Rare.

The Unih2f

Measure for Coruci~.As

alt &

‘av

iide

iii_Sectiotui.6ofAp~IixEis’?~fl!nreFQQt”.

Re’ctvoncth/e-

Qraotit

Guidance.’

in association

with Task 335(c)

anud

340 jç~

of the excavation as

calculated

aecordanuee with Section

734,825 shall

he ~

concrete

asphalt ,A

reasoiuahle

uaptitof

shall

i~eien~tnijuesth~’idthoftareatluat

is covered

the engjj~eredhan’ier.

Professiormal

oversight of

these Field Services is_apprpp~jate.An environmental professional should hg_~

sii~aalItimes during

concrete or asphalt repiacenueot

services.

The hours ~

tlu~

for

the

environnueiutalprofessioiual

to travel fronu his or her office to and from ~

tank

renuo’.al or

abaiudonmerit asphalt and paving

services

is reasonable as are associated

per diermms,

f~gingand mileage.

These services would

be expected to he overseen

imu the fieId~y.arueqgjpgç~

tec~ciaru~pfQe4nuaflg~r.

instrunuentation and equiprmucnt

that would

typically he expected to he

associated with this

professroiual

oveL~Ightinclude

hut are not limited to

the

folfowingt.$ite Survey

JnstrurncntatiomVEuu~pment.

ELECTRONIC FILING,

RECEIVED,

CLERK’S OFFICE, AUGUST

2005

Section

734.84ft.

Analytical

& Testing

Services

Appendix

Sectiomu:

Sectiorm

S(Ojr’ o~

Seem

m’s:

Ai~i~JyiIcai

anud

‘Festiimmz Services

inmelude all

labon

cqoipnmrerit,

nnuaterials

arucl stmpplies typically

tmecessai’v to

traimspQg~jeliver.prepare

arud

aimalyze

saruuples

anud

report the results

suhiect

to the appropriate riwthods,

i~’

Xh’t/iomi

Lijiut

of Meri.cn

pm’:

Ptirstmarmt to Sect nonu

II of AppeiudixF,

tlue

Bill

Metluod for these services

Uruit

Rate.

lie

Urmit

Me tsure

for

Arm

~tnc

md Testrrug

vrces pro’ ntis

Sect ion

Appenmdm x

F-

‘nelu

8i~LVLYLfLI!Lf

(Than/it

Guidam

i’:

Analytical

armd Tes

ne Services will

genuerally

be rendered in

associatiorm

with Task 734.2 ID fh) (5),

734.210(h)

(I). 734.211) (h)_L),3l5 (a)(~J(C),315

(a) (2flD), 3i5

(a)

(2) (E),320

(a) (2),325

(a)

t2),

3.35

ççj,

340

(c),

345

(a). 35j(3j~

A reasonable qinantity of sanuple analysis

shall he equal to the

nuinimmuunmm

rmuniuher of samples required by

~ç~g~pcy

order to

meet time

reqtnin’erumemmts of tirisParL

Professional oversight

of these Field Services

is not necessary.

Professional

Conmsultinm&Services

imecessary to collect saruuples is covered

by Sectionr

734.845.

ELECTRONIC

FILING,

RECEIVED, CLERK’S

OFFICE, AUGUST 3,

2005

Sectionu 734.845:

Professiotual

Corusultinj,g Services

Appendix

Sectionu:

Sectionu

3.1

3.2.

3.3

‘,Sc’,’m

Eiesson~lP~d~jcty_auclSenjce~inuclude

all

labor,

equipnuent, nuaterials.

stnppiky.~nmd

suhcontrgctors

ecessary

aimd

assoc iztted

with~

nioversight

anualysi~jpaiuagcnuenut

adnuinistration

anud

doermiumeimtationof iruvestigative

re~medial_activitiesdurinme a

correc!i_ve action proj~çtas

well as

tIme

rurolessiomual

conusu Itirue

anud associated services

nuecess ary

perliurruu all

Age~çy.~eqtnred,

plaiunuing.

btndgetinug,

certification, reporting, corrg~ponudcnee.Profcssiomuai

consul tmnu~servicesalso

include

all

scrvrcesnecc~ajyJ!rud~tssQcjjfle~,~’iti,çostreituuhrtrsenuenut

fromuu

tlue

Frntmd

Ri/li,, c

Met/nod

Unit of

Mecusimre

Pursuant

to Sectioru 3.1.3.2 and 3.3 of Appendix E, the

Bill

Method

for these services

Tituue

aflri

Materials.

The

i.Jnuits of Measure for Professional

Coiustrltirug

charges which

nuay ctunsist of

Professiorual

Consulting LjthsmProfessional Coimsulting Equinmenut

& Iiustrttmentatioiu

and Profes~jQrEfl

(‘onsulting Materials &

S upniLes are

found

iiu Section

3 .2jm4 3.3_jespectivelyjif A

endix

Rm’asonalile OucuntUv Gn,iduncm’:

Prokssron-ml Const~jrmLSer\ ices

tre

trutre

ned

provided

riu

mel

itmon toe

tch

of the

I ~tsky.~jiec

in Appendix

For Professional Consulting Services listed in Section

3.1

of Appendix

H the

total number of hoursfor

all

listed labor classifications,

mrtcluding

personnuel

performing field oversight, shall be ag2regated atmd

the

A2ency shall

pr’esunue

that

any quantity of total hours_that

is~qual

to or

less

than tho.s~iiste&belowshall

be reasonable

on a per Phase of

Work

basis provided that each

hour

is documented as

heitug

perfornued

arid that

the

work activity

iustified,

himniy

Act mm

220

Site

lnuvcstrganmnn

460

Lcprrecm ive

Act

)