ILLINOIS POLLUTION CONTROL BOARD
    April 17, 1997
    IN THE MATTER OF:
    SITE REMEDIATION PROGRAM
    and GROUNDWATER QUALITY
    (35 ILL. ADM. CODE 740 and
    35 ILL. ADM. CODE 620)
    )
    )
    )
    )
    )
    )
    R97-11
    (Rulemaking - Land, Water)
    Proposed Rule. Second Notice.
    OPINION AND ORDER OF THE BOARD (by K.M. Hennessey, G.T. Girard and
    M. McFawn):
    This rulemaking concerns a proposal that sets forth the procedures and standards
    for the Site Remediation Program (SRP), which was established under Title XVII of
    the Illinois Environmental Protection Act. (415 ILCS 5/58-58.12, as added by P.A.
    89-431 (eff. December 15, 1995), and amended by P.A. 89-443 (eff. July 1, 1996).)
    The Illinois Environmental Protection Agency (Agency) filed this proposal on
    September 16, 1996.
    The Illinois General Assembly established the SRP to serve several important
    purposes. First, the SRP provides incentives for private parties to undertake remedial
    action at sites where contaminants are present. Second, the SRP accomplishes this
    objective through an entirely voluntary program that establishes risk-based cleanup
    objectives under the proposed rules in Tiered Approach to Corrective Action
    Objectives, (35 Ill. Adm. Code 742), R97-12 (TACO). The TACO objectives take
    into account current and anticipated uses of the land. Third, the SRP assures that if the
    use of the remediation site is modified, the adequacy of the remediation for the new use
    will be considered. Fourth, the SRP establishes expeditious alternatives for review and
    approval of site investigation and cleanup activities, including a privatized review
    process. Finally, the SRP assures that the resources of the Hazardous Waste Fund are
    used in a manner that protects human health and the environment, consistent with
    current and future uses of remediation sites. (415 ILCS 5/58.)
    On February 6, 1997, the Board proceeded to first notice on the Agency’s
    proposal for the Site Remediation Program (35 Ill. Adm. Code 740), as modified by
    the Board, pursuant to the Illinois Administrative Procedure Act (APA) (5 ILCS 100/1-
    1
    et seq
    . (1994).) The Board also proceeded to first notice on some conforming
    amendments to 35 Ill. Adm. Code 620. Subsequently, on February 21, 1997, Part 740
    and the amendments to Part 620 were published in the
    Illinois Register
    (21 Ill. Reg.
    2562, 2571), upon which a 45-day public comment period began (hereinafter referred
    to as the first notice comment period). The first notice comment period ended on April
    7, 1997. Consistent with the statutory deadline for final adoption of these rules
    imposed by Title XVII, the Board today adopts the proposed Part 740 and amendments
    2
    to Part 620 for the purpose of second notice pursuant to the APA. The rule and
    amendments now will be filed with the Joint Committee on Administrative Rules
    (JCAR) for its consideration.
    1
    PROCEDURAL MATTERS
    The Board’s responsibility in this matter arises from the Environmental
    Protection Act (Act). (415 ILCS 5/1
    et seq
    . (1994)) The Act requires the Board to
    “determine, define and implement the environmental control standards applicable in the
    State of Illinois.” (415 ILCS 5/5(b) (1994).) More generally, the Board’s rulemaking
    authority is based on the system of checks and balances integral to Illinois
    environmental governance: the Board is responsible for rulemaking and adjudication,
    while the Agency is primarily responsible for administering the Act and the Board’s
    regulations.
    The Agency filed its proposed Part 740 rules (proposal), along with a Statement
    of Reasons pursuant to 35 Ill. Adm. Code 102.121(b) on September 16, 1996. On
    September 19, 1996, the Board accepted this matter for hearing, granted the motion
    regarding incorporations by reference and directed the Agency to file an economic
    impact form pursuant to Section 102.121(c) of the Board’s rules. On October 18,
    1996, the Agency filed its economic impact form and motion for acceptance of such
    form which was granted by the Board on February 6, 1997. On October 24, 1996, a
    pre-hearing conference was held in Springfield, Illinois. Hearings were held before
    Board Hearing Officer Amy Hoogasian in Chicago on November 25-26, 1996 and in
    Springfield on December 17-18, 1996.
    P.A. 89-431, (eff. December 15, 1995), as amended by P.A. 89-443 (eff. July
    1, 1996) requires that the Board complete its rulemaking on or before June 16, 1997.
    2
    The Board notes, however, that these rules shall not become effective until the
    regulations in Part 742 have been adopted. Part 742 is the Tiered Approach to
    Corrective Action Objectives, commonly known as TACO, currently under
    consideration by the Board in R97-12. Due to the extensive cross-referencing to Part
    742 throughout this proposed rule, we find it necessary to tie the effective date of this
    rule to the effective date of the Part 742 rules. Therefore, the Board will make the Part
    740 rules and Part 620 amendments effective on July 1, 1997, the same date that we
    expect the proposed Part 742 rules to become effective.
    1
    As of today’s date, JCAR staff has undertaken a preliminary review of the text of
    today’s proposal. Based on that review, JCAR has suggested several typographical
    changes in the wording of the first notice text. These changes are incorporated into
    today’s second notice text.
    2
      
    The Board’s last regularly scheduled Board meeting before that date is on June 5,
    1997. On that date, the Board expects to vote on the final adoption of the Part 740
    rules and Part 620 amendments.
    3
    The Board received prefiled testimony and/or questions from various interested
    persons, including: Shirley Baer, Gary King, Robert O’Hara, Richard D. Lucas and
    Lawrence W. Eastep of the Agency; Emmett Dunham and Frederick Feldman on behalf
    of the Metropolitan Water Reclamation District (MWRD); Randy Muller of Bank of
    America, N.T. & S.A., on behalf of the Illinois Bankers Association and the Site
    Remediation Committee (SRAC); David Rieser of Ross & Hardies on behalf of the
    Illinois Petroleum Council (IPC) and the Illinois Steel Group; Whitney Wagner Rosen
    on behalf of the Illinois Environmental Regulatory Group (IERG); Glenn Sechen on
    behalf of the Chicagoland Chamber of Commerce; Harry Walton of Illinois Power
    Company on behalf of the Illinois State Chamber of Commerce and as Chairman of
    SRAC; Patricia Sharkey of Mayer, Brown & Platt on behalf of various clients with an
    interest in site remediation; John Watson of Gardner, Carton & Douglas and Linda
    Huff of Huff & Huff, Inc., both on behalf of the SRP Coalition, which is comprised of
    B.F. Goodrich Company, Commonwealth Edison Company, Hydrosol, Inc., INX
    International Ink Company, Northern Illinois Gas Company, W. Wrigley Jr. Company
    and Woodward Governor Company.
    Others also testified or asked questions at the hearings, including Steve
    Gobelman of the Illinois Department of Transportation; Mark Homer of the Chemical
    Industry Council of Illinois; and Peter Gates of Mobil Oil Corporation.
    Thirteen public comments and 14 exhibits were filed in this rulemaking
    proceeding. Twelve of the exhibits offered at hearing were pre-filed testimony and the
    other two were technical documents, including an errata sheet and an example of an
    Agency billing statement. A complete list of the exhibits and public comments follows.
    Exhibits
    Exhibit #1 (Ex. 1)
    Testimony of Lawrence W. Eastep on behalf of the
    Agency on Proposed Subpart A.
    Exhibit #2 (Ex. 2)
    Testimony of Shirley Baer on behalf of the Agency on
    Proposed Subparts B and C.
    Exhibit #3 (Ex. 3)
    Testimony of Robert O’Hara on behalf of the Agency on
    Proposed Subpart D.
    Exhibit #4 (Ex. 4)
    Testimony of Richard D. Lucas on behalf of the Agency
    on Proposed Subpart E.
    Exhibit #5 (Ex. 5)
    Testimony of Lawrence W. Eastep on behalf of the
    Agency on Proposed Subpart F.
    Exhibit #6 (Ex. 6)
    Agency’s Errata Sheet Number 1.
    4
    Exhibit #7 (Ex. 7)
    Agency’s Draft of Revisions to Proposed Part 740 in
    Response to Prefiled Questions from PCB hearings of
    November 25-26, 1996.
    Exhibit #8 (Ex. 8)
    Testimony of Frederick M. Feldman of the MWRD.
    Exhibit #9 (Ex. 9)
    Testimony of John Watson of Gardner, Carton & Douglas
    on behalf of the SRP Coalition.
    Exhibit #10 (Ex. 10)
    Testimony of Linda L. Huff of Huff & Huff, Inc. on
    behalf of the SRP Coalition.
    Exhibit #11 (Ex. 11)
    Testimony of Randy Muller of the Bank of America, N.T.
    & S.A. on behalf of the Illinois Bankers Association and
    the SRAC.
    Exhibit #12 (Ex. 12)
    Testimony of Harry Walton of Illinois Power Company on
    behalf of the Illinois State Chamber of Commerce and as
    Chairman of the SRAC.
    Exhibit #13 (Ex. 13)
    Agency’s Responses Regarding Certain Revisions to
    Proposed Part 740 as Suggested in the Testimonies of Ms.
    Huff and Mr. Feldman.
    Exhibit #14 (Ex. 14)
    Example of Statement of Agency Costs Incurred and Paid.
    Public Comments
    PC 1
    Comments from Judson Hite of Altheimer & Gray on
    behalf of the Chicago Development Counsel filed on
    December 9, 1996, regarding Sections 740.210, 740.215,
    740.235 and 740.310.
    PC 2
    Prefiled Testimony of Patricia Sharkey of Mayer, Brown
    & Platt on behalf of various clients filed on December 17,
    1996, regarding Sections 740.105, 740.120, 740.125,
    740.210, 740.420, 740.440, 740.510 and 740.530.
    PC 3
    Agency’s Errata Sheet Number 2 filed on January 9, 1997,
    pertaining to Sections 740.120, 740.210, 740.215,
    740.230, 740.425, 740.435, 740.440, 740.445, 740.455,
    740.505, 740.510, 740.515, 740.530, 740.620 and
    740.625.
    5
    PC 4
    Post-hearing comments of Whitney Wagner Rosen on
    behalf of IERG filed on January 10, 1997, pertaining to
    Section 740.505.
    PC 5
    Final comments of the Agency filed on January 13, 1997.
    PC 6
    Post-hearing comments of Emmett Dunham on behalf of
    the MWRD filed on January 13, 1997, regarding the
    Agency’s Errata Sheet Number 2.
    PC 7
    Comments of Patricia Sharkey of Mayer, Brown & Platt
    on behalf of various clients filed on January 13, 1997,
    regarding Sections 740.120, 740.240, 740.440, 740.445,
    740.455, 740.510, 740.515 and 740.625.
    PC 8
    Final comments of Lewis Putnam of Gardner, Carton &
    Douglas on behalf of the SRP Coalition filed on January
    14, 1997, regarding Sections 740.120, 740.310, 740.415,
    740.425 and 740.435.
    PC 9
    Comment of John H. Turner of Browning-Ferris Industries
    (BFI) filed on March 4, 1997 on Section 740.105.
    PC 10
    Comment of Emmett E. Dunham on behalf of the MWRD
    filed on April 7, 1997 on Section 740.120.
    PC 11
    Agency’s Comments to the Board’s First Notice filed on
    April 7, 1997 on Sections 740.120, 740.215(d),
    740.220(d), 740.415(d)(1), 740.430, 740.440(c),
    740.515(a), 740.530, 740.620(d) and 740.Appendix A.
    PC 12
    Comments of Lewis Putnam of Gardner, Carton &
    Douglas on behalf of the SRP Coalition to Board’s First
    Notice filed on April 7, 1997 on Sections 740.120,
    740.215(d), 740.220(d) and 740.310(c).
    PC 13
    Comments of David Piech of Ross & Hardies on behalf of
    the IPC filed on April 9, 1997 on Section 740.120.
    3
    3
       
    The IPC filed a motion to file its public comment instanter, along with its public
    comment, on April 9, 1997. Although the first notice comment period ended on April
    7, 1997, IPC states that no party will be prejudiced by this late filing. The Board
    grants the motion and accepts the IPC’s public comment.
    6
    In the first notice opinion and order, the Board set forth the procedural history
    of the proposed rules to date, gave an overview of the SRP, discussed the economic
    and technical justification for the program, analyzed each of the six subparts of the
    rule, addressed comments received on sections within each subpart, and set forth the
    text of the rule as modified by the Board. The Board concluded that the proposal, as
    modified, warranted proceeding to first notice on February 6, 1997. In this second
    notice opinion and order, the Board will give a brief overview of the SRP and address
    the issues raised during the first notice comment period. The Board will not address
    changes that have already been addressed in the first notice opinion and order and on
    which the Board no additional issues were raised.
    OVERVIEW OF THE SITE REMEDIATION PROGRAM
    The purpose of Title XVII and the proposed Part 740 rules is to establish
    procedures for the investigative and remedial activities at sites where there is a release,
    threatened release, or suspected release of hazardous substances, pesticides, or
    petroleum, and for the review and approval of those activities.
    4
    (415 ILCS
    5/58.1(a)(1).)
    The proposal, as modified by the Board, allows appeals of various Agency
    decisions in connection with a site remediation. In the SRP, appeals may be taken
    from the denial of applications and agreements (Section 740.215(d)), modifications of
    applications and agreements (Section 740.220(d)), Agency termination of service
    agreements (Section 740.230(d)), requests for payment (Section 740.310(d)),
    disapproval or approval with conditions of any of four plans or reports (Section
    740.505(h)), and voidance of No Further Remediation Letters (Section 740.625(a)).
    The SRP is voluntary; any person performing site investigation or remediation
    may elect to proceed under the SRP. However, certain sites may not enter the SRP,
    including but not limited to sites on the National Priorities List; sites that are being
    remediated under a federal court order, a United States Environmental Protection
    Agency (USEPA) administrative order; or sites that are subject to a federally delegated
    program. However, any person may use the procedures of the SRP at these excluded
    sites to the extent allowed by federal law, federal authorization, or other federal
    approval.
    4
    As noted in the first notice opinion and order, the SRP is similar to the Agency’s
    Pre-Notice Site Cleanup Program (PNSCP), which began in 1989 under the authority
    of Sections 22.2(m) and (n) of the Act, which were repealed in 1995. (P.A. 89-431,
    eff. December 15, 1995.) The first notice opinion and order details the differences
    between the PNSCP and the SRP. (See Site Remediation Program and Groundwater
    Quality (35 Ill. Adm. Code 740 and 35 Ill. Adm. Code 620) (February 6, 1997), R97-
    11, slip op. 5-6.)
    7
    The proposal requires that each SRP participant submit an application and enter
    into a service agreement with the Agency. The application and agreement shall set
    forth the objectives of the participant and the services requested from the Agency. The
    proposal generally requires that a participant in the SRP (referred to as a remediation
    applicant or RA) proceed through four stages.
    First, the RA must perform a site investigation to determine the presence or
    likely presence of any regulated substances or pesticides under conditions that would
    indicate a release or threatened release. At the RA’s option, the site investigation may
    be limited to a portion of the site or to a particular regulated substance or pesticide
    being investigated. The RA must prepare a report on the findings of the investigation.
    Second, if contamination is discovered, the RA must develop remediation
    objectives in accordance with 35 Ill. Adm. Code 742. In some cases, other
    remediation measures also may be necessary. Remediation objectives may include
    institutional controls or engineered barriers, which are subject to the Agency’s approval
    in accordance with 35 Ill. Adm. Code 742.Subparts J and K.
    Third, if remediation is necessary to achieve compliance with remediation
    objectives, the RA must propose a remedial action plan to the Agency. Fourth, after
    the remedial action plan is approved by the Agency and implemented, the RA must
    submit a remedial action completion report showing that the remediation objectives
    have been achieved.
    Upon approval of a remedial action completion report, the Agency will issue a
    No Further Remediation (NFR) Letter to the RA. The NFR Letter must be recorded
    with the Office of the Recorder or the Registrar of Titles in the county in which the site
    is located. As Title XVII states, the NFR Letter is
    prima facie
    evidence that the site
    does not constitute a threat to human health and the environment (415 ILCS
    5/58.10(a)). The NFR Letter also “signifies a release from further responsibilities
    under [the] Act in performing the approved remedial action . . . .” (
    Id
    .) The site
    must be used in accordance with the terms of the NFR Letter. (
    Id
    .) The NFR Letter
    applies in favor certain entities identified in Section 58.10(d) of the Act, including,
    among others, the owner or operator of the site, transferees of the owner of the site and
    successors in interest of the owner of the site. Finally, the NFR Letter is voidable in
    certain circumstances.
    8
    ANALYSIS
    The proposal is divided into six subparts and two appendices. Set forth below is
    a brief description of each subpart of the proposal, along with the Board’s resolution of
    any issues remaining from first notice and any other issues that arose during the first
    notice comment period.
    5
    Subpart A: General
    Subpart A sets forth the general provisions of Part 740. These provisions
    address the applicability of the SRP, permit waivers, authority of the Agency,
    definitions and incorporations by reference.
    At first notice, the Board discussed Sections 740.100 (purpose), 740.105
    (applicability), 740.115 (Agency authority), 740.120 (definitions) and 740.125
    (incorporations by reference). Issues considered during the first notice comment period
    pertain to Sections 740.105 (applicability), 740.115 (Agency authority), and 740.120
    (definitions of “authorized agent,” “recognized environmental condition,” and
    “residential property”).
    Section 740.105 Applicability. During the first notice comment period, BFI
    submitted a comment on the applicability of these rules. (PC 9.) BFI supports the
    promulgation of the rules, but notes that the relationship between the new regulations
    and the rules pertaining to municipal solid waste landfills has not been addressed. BFI
    states in part:
    An Agency position that the benefits of the 620/740 Program will not occur
    with regard to municipal solid waste disposal facilities that remained open
    beyond October 9, 1993 except in instances in which an MCL is not applicable
    would defeat the purpose of the new regulations. There are a number of
    approaches that could be utilized to “square” the proposed regulations with the
    Part 258 and IEPA MSWLF regulations. For example, since the MCLs are
    drinking water standards, if the groundwater in question is not actually or
    potentially likely used as a source of drinking water, then the groundwater could
    readily be classified in [a] manner such that the Part 740 standards would apply.
    We do not believe that it was the intention of the U.S. EPA, or the Board in
    fashioning the Illinois MSWLF regulations, to permanently reject the utilization
    of risk-based programs such [as] the proposed regulations.
    5
    The six subparts of the SRP are more thoroughly discussed in the Board’s February 6,
    1997 first notice opinion and order. (See generally Site Remediation Program and
    Groundwater Quality (February 6, 1997), R97-11, slip op.).
    9
    (PC 9 at 1.)
    The Board is not persuaded by BFI’s comment that a change in the rule is
    necessary. The Agency indicated at the first hearing that the rules developed in this
    proceeding will not apply to landfills (Tr. 1 at 47-51)
    6
    and the Board agrees. The
    regulations developed by the Board and USEPA regarding landfills and the closure of
    landfills were carefully considered over several years. (See Development, Operating,
    and Reporting Requirements for Non-Hazardous Waste Landfills (August 17, 1990),
    R88-7, slip op.) The Board does not believe that the adoption of the SRP by the
    legislature was intended to supplant the regulations adopted by the Board governing
    landfill closure. Further, the landfill regulations are protective of the environment and
    fully provide for remediation necessary as a result of landfill operations. For example,
    the landfill regulations require closure and post-closure care, and require that funds be
    available for that care. In addition, while the SRP does not apply to landfill closures,
    the SRP does not preclude the Agency from using risk-based criteria in any further
    amendments to the landfill rules.
    Section 740.115 Agency Authority. This section generally provides that Part
    740 does not limit the authority of the Agency to proceed under Section 4(q) of the Act
    or to take certain other actions under the Act. It also provides that the Agency may use
    Part 740 procedures at remediation sites at which an RA is seeking a release pursuant to
    Section 4(y) of the Act. The Agency had proposed that this Board Note follow Section
    740.115:
    BOARD NOTE: Under Section 4(y) of the Act, the Agency has the authority
    to release any person from further responsibility for preventive or corrective
    action undertaken by such person upon written request by the person. This
    release is less extensive than the No Further Remediation Letter available under
    Section 58.10 of the Act and Subpart F of this Part. However, in some
    instances, the procedures required to obtain a No Further Remediation Letter
    are not necessary, and the Remediation Applicant may prefer a more limited
    approach and the release offered under Section 4(y). This Section offers
    Remediation Applicants the opportunity, where appropriate, to work with the
    Agency within the service agreement structure and to use the procedures for
    determining remediation objectives under 35 Ill. Adm. Code 742. The Act does
    not provide for the review of decisions under Section 4(y) of the Act.
    While the Board generally agrees with the content of the proposed Board Note,
    the Board does not believe it necessary to include this information in a Board Note.
    Accordingly, the Board has stricken the proposed Board Note.
    6
       
    The transcript of the hearing on November 25 and 26, 1996 is cited as “Tr. 1 at __;”
    the transcript of the hearing on December 17 and 19, 1996 is cited as “Tr. 2 at __.”
    10
    Section 740.120 Definitions. Most of the definitions in this section are identical
    to those provided in Title XVII. Some terms used in Title XVII are not defined here
    because they are used in the proposed Part 742 rules rather than in this proposal.
    At first notice, the Board requested comment on “authorized agent,”
    “recognized environmental condition,” and “residential property.” During the first
    notice comment period, the Board received comments on each of these definitions, as
    discussed below.
    The Agency’s original proposal used the term “duly authorized agent” and gave
    three examples of who is authorized by written consent or by law to act on behalf of an
    owner, operator or RA. At hearing, the Agency agreed that if the bylaws of a
    corporation allowed someone else to act as a duly authorized agent, the Agency would
    accept that person as duly authorized. (Tr. 2 at 296-97.) Because the definition
    originally proposed suggests that only those listed in the examples may be authorized,
    the Board struck the three examples from the definition. The Board also struck the
    term “duly” as redundant; an agent not duly authorized is simply not authorized.
    Additionally, the Board made conforming changes to Sections 740.210 and 740.410.
    In its comments on the Board’s first notice opinion and order, the Agency states
    that it does not object to the Board’s deletion of the word “duly,” nor does the Agency
    object to the Board’s deletion of the three examples accompanying the definition. (PC
    11 at 1.) The Agency notes, however, that its originally proposed definition was
    consistent with the Board’s regulations for solid waste landfills, compost facilities, and
    potentially infectious medical waste facilities (35 Ill. Adm. Code 812.104, 831.105,
    and 822.106). (PC 11 at 1.) The Agency additionally points out that the word “duly”
    remains at Section 740.620(d). (PC 11 at 1.)
    The Board concludes that the definition of “authorized agent” given in the first
    notice opinion and order should remain unchanged. For consistency, the Board also
    removes the word “duly” from Section 740.620(d).
    The Board also received comments on the definition of “recognized
    environmental condition.” This term is based on ASTM E 1527-94, Standard Practice
    for Environmental Site Assessments: Phase I Environmental Site Assessment Process,
    vol. 11.04 (the ASTM Standard), which the Agency submitted as part of its original
    proposal. Section 740.420 requires that the ASTM Standard be used for a phase I
    environmental site assessment conducted as part of a comprehensive site investigation.
    The Board has modified the definition of “recognized environmental condition,” but
    defers discussion of that change, and the comments on this definition, to the Board’s
    discussion of Section 740.420. (See
    infra
    at
     
    18-20.)
    The Board also sought further comment on three aspects of the definition of
    “residential property.” First, Title XVII defines “residential property” as “any real
    property that is used for habitation by individuals and other property uses defined by
    11
    Board rules such as education, health care, child care and related uses.” (415 ILCS
    5/58.2.) The Agency’s proposed definition read as follows:
    “RESIDENTIAL PROPERTY” MEANS ANY REAL PROPERTY THAT IS
    USED FOR HABITATION BY INDIVIDUALS or where children have the
    opportunity for exposure to contaminants through ingestion or inhalation at
    educational facilities, health care facilities, child care facilities, or playgrounds.
    The Board noted that the Agency’s proposed definition equated “related uses” with
    “playgrounds.” The Board queried whether the Agency’s construction of “related
    uses” is too narrow. The Board further sought comment from the Agency and others
    on whether an alternative term to “playgrounds” should be used, or whether additional
    terms should be added to this definition.
    In its public comment, the Agency responds that the use of any broader terms
    would encompass too many locations. (PC 11 at 4.) The Agency explains that
    “playgrounds” includes locations in addition to educational, health care or child care
    facilities where children are likely to be exposed to soil and where children may be
    potentially be exposed to contaminants through inhalation or ingestion. (PC 11 at 4.)
    The Agency understands the Board’s concern with this part of the definition and does
    not object to any revisions as long as such revisions do not expand the definition to
    include too many locations. (PC 11 at 4.)
    Second, at first notice the Board questioned why the facilities listed in the latter
    part of this definition are “residential property” only if
    children
    have the opportunity
    for exposure to contaminants through ingestion or inhalation at such facilities. The
    Board stated that Title XVII makes no such distinction and the Board requested that the
    Agency provide comment on its justification for this distinction. The Board also sought
    comment on how an RA and the Agency will determine whether a particular facility is
    one at which children have an opportunity for exposure to contaminants.
    The Agency responds that “person” could be substituted for “children” without
    affecting the inhalation and soil ingestion remediation objectives under Tier One for
    residential exposures, because those objectives are based on the effect of such exposure
    on children. (PC 11 at 4-5.) The Agency believes, however, that exposure to children
    is “a better focus in the context of what this portion of the definition was attempting to
    protect.” (PC 11 at 5.)
    Third, the Board stated at first notice that it was not clear why the Agency
    added the phrase “by ingestion or inhalation” after “exposure to contaminants.” The
    Board questioned whether the added phrase is intended to exclude some pathway for
    exposure; if so, the Board sought comment on the rationale for such an exclusion.
    In its public comment, the Agency responds that the excluded pathway is
    groundwater ingestion. (PC 11 at 5.) “For this pathway the most conservative
    12
    exposure factors are not based on exposure during childhood but rather an entire
    lifetime of consumption.” (
    Id.
    )
      
    Because children are referenced, the Agency states,
    this part of the definition was not expanded beyond the soil inhalation or soil ingestion
    exposure routes. (
    Id.
    )
    The Agency’s public comment also includes two other points on the definition
    of “residential property.” First, the Agency asserts that there is not a “bright line”
    between playgrounds, education, health care and child care facilities and
    industrial/commercial facilities, especially where exposure of adults is concerned.
    Therefore, the Agency believes that an expansion of the definition may cause facilities
    of a commercial nature to be classified as residential. (PC 11 at 5.) Second, the
    Agency suggests that if such an expansive change is made, the definition must also
    change in the proposed Part 742 regulations. (
    Id
    .)
    The MWRD also comments on the definition of “residential property.” The
    MWRD believes that the word “playgrounds” should be kept in the definition as an
    example of what the term “related uses” means. (PC 10 at 1.) The MWRD further
    asserts that the “[d]evelopment of an all inclusive list of uses that might be related,
    however, would be a futile effort.” (PC 10 at 1.) The MWRD suggests that other
    “related uses” might include little league baseball fields and soccer fields. The MWRD
    states that the inclusion of a phrase such as “related uses” in this definition would allow
    for the future inclusion of uses not envisioned by the parties before the Board in this
    rulemaking. (PC 10 at 2.)
    The IPC comments that many of the uses listed in the statute -- such as
    education, health care, and child care -- “are closer to commercial than residential
    uses.” (PC 13 at 1.) The IPC continues:
    The risk associated with residential uses are the long term exposures associated
    with living at the same place for many years and the presence of sensitive
    populations of infants and children.
    These types of risk issues would not be present at these types of facilities absent
    potential for actual exposure. For example, a childcare facility or doctor’s
    office on the second floor of a downtown Chicago building, should not render
    that building a residential use. Yet a childcare facility in a single story strip
    mall with an outdoor playground is another matter and should be evaluated
    more closely. In discussions between SRAC and the Agency, it was determined
    that the best approach would be to focus on the likely pathways of exposure for
    the most sensitive population.
    (PC 13 at 1-2.) The IPC “strongly urges the Board not to expand the definition beyond
    that which is proposed.” (PC 13 at 2.)
    13
    After carefully considering these comments, the Board has decided to retain the
    Agency’s proposed definition with the following modifications. First, the Board will
    substitute “outdoor recreational areas” for “playgrounds.” The Board remains
    concerned that the term “playgrounds” is too narrow and could be construed to exclude
    many areas where children regularly play, including parks, soccer fields and theme
    parks. The Board also believes that “outdoor recreational areas” is broad enough to
    encompass recreational uses not envisioned during this rulemaking, and therefore
    addresses the MWRD’s concerns as well. The requirement that the recreational area be
    an outdoor area, on the other hand, addresses the concerns of both the IPC and the
    Agency that the definition not be expanded to include recreational facilities where there
    is little threat of exposure (
    e.g.
    , indoor recreational facilities).
    Second, the Board accepts the Agency’s rationale for excluding the groundwater
    ingestion pathway. However, the Board has added the word “soil” before the phrase
    “ingestion or inhalation” in the definition. As noted, it was the Agency’s intent to
    exclude the groundwater ingestion pathway through this phrase. (PC 11 at 5.)
    However, because the Agency’s definition included the word “ingestion,” it did not
    clearly exclude groundwater ingestion. The Board believes that the addition of “soil”
    makes the exclusion clear.
    The Board further notes that the Agency’s position is consistent with the basis
    for the groundwater remediation objectives established in Tiers 1, 2, and 3 under Part
    742. Tier 1 groundwater cleanup standards do not depend on land use (
    i.e.
    , residential
    or industrial/commercial), but on the classification of the groundwater at issue as Class
    I or II groundwater under Part 620. Tier 2 groundwater remediation objectives also do
    not turn on the use of the property at issue; in Tier 2 the groundwater must meet the
    applicable Tier 1 groundwater remediation objective at the point of human exposure,
    along with other criteria. Under Tier 3, groundwater remediation objectives must
    account for site-specific factors and are based in part upon a formal risk assessment that
    “demonstrate[s] that contaminants of concern at a site do not pose a significant risk to
    any human receptor.” (35 Ill. Adm. Code 742.915 (proposed).) Because groundwater
    remediation objectives either do not turn on the use of property (under Tier 1 and 2), or
    account for site-specific risks (under Tier 3), it is not appropriate to distinguish
    between residential and industrial/commercial property on the basis of potential
    exposure to contaminants in groundwater.
    With the changes described above, the definition reads as follows:
    "RESIDENTIAL PROPERTY" MEANS ANY REAL PROPERTY THAT IS
    USED FOR HABITATION BY INDIVIDUALS, OR where children have the
    opportunity for exposure to contaminants through soil ingestion or inhalation at
    educational facilities, health care facilities, child care facilities, or outdoor
    recreational areas playgrounds.
    14
    This revised definition is included in the attached order. An identical definition is
    included in Part 742.
    Subpart B: Applications and Agreements for Review and Evaluation Services
    Subpart B sets forth the proposed requirements that the RA is to follow when
    applying for review and evaluation services under the SRP (application). This subpart
    also provides for approval or denial of such Applications by the Agency and sets forth
    the requirements to be followed by the RA when entering into, modifying or
    terminating agreements to provide evaluation services and any related services that the
    RA may request (agreement).
    Subpart B specifies the information that the Application must contain for an RA
    to enroll in the SRP and sets forth the conditions for the Agency’s approval or denial of
    the RA’s application. Subpart B also contains the procedures for accepting, modifying
    or terminating an agreement for review and evaluation services between the RA and the
    Agency. Finally, Subpart B authorizes the use of private licensed professional
    engineers for the review and evaluation of plans and reports.
    At first notice, the Board discussed the following sections under Subpart B:
    Sections 740.210 (contents of application and agreement), 740.215 (approval or denial
    of application and agreement), 740.220 (acceptance and modification of Agreement),
    740.225 (termination of agreement by the RA) and 740.230 (termination of agreement
    by the Agency). Comments were received during the first notice comment period on
    Sections 740.215 (approval or denial of application or agreement) and 740.220
    (acceptance and modification of agreement). A discussion of these issues follows.
    Additionally, the Board discusses Sections 740.210 (contents of application and
    agreement) and 740.230 (termination of agreement by the Agency).
    Section 740.210 Contents of Application and Agreement. This section
    describes the information that must be contained in the application for an RA to enroll
    in the SRP and the conditions that may be included in the agreement. (Ex. 2 at 3.)
    The Agency’s original proposal included a Board Note stating that statutory
    restrictions prevented the Agency from refunding payments. In response to the Board’s
    concern that the note did not identify the statutory restrictions, the Agency then
    proposed eliminating the reference and adding language that the State of Illinois did not
    authorize payments or refunds without legislative appropriation, and that advance
    partial payments accompanying applications may be forfeited by the Agency if the
    application is denied. (PC 3 at 1-2.)
    At first notice, the Board deleted the Board Note at the end of Section
    740.210(c)(5)(B) altogether on the grounds that internal Agency procedures appear to
    determine whether advance partial payments accompanying applications will be
    forfeited when an application is denied. The Board stated that it was inappropriate to
    15
    place the Board Note in the regulations without identifying the standard upon which
    decisions regarding forfeitures are made. The Board received no comments on the
    changes made to Section 740.210(c) during the first notice comment period and will
    proceed to second notice with this change. The Board also notes that Section 740.210
    contains several references to a “No Further Remediation determination.” The Board
    changes this phrase to “No Further Remediation Letter” to make this section consistent
    with the remainder of Part 740 and Section 58 of the Act.
    Section 740.215 Approval or Denial of Application and Agreement. This
    section provides that the Agency shall have 30 days from receipt of an application to
    approve or deny the application. At first notice, the Board also added language to
    Section 740.215(d) to allow two options in addition to the appeal rights. The new
    options allow an RA to either resubmit an application or agreement to the Agency or
    for the RA and the Agency to file a joint request for a 90 day extension of the appeal
    period in the manner provided for extensions of permit decisions in Section 40 of the
    Act. The Board found that these additions will make Part 740 more consistent with the
    Part 732 rules,
    7
    which allow the same options when a plan or report is reviewed by the
    Agency. The Board requested comment on the language change to Section 740.215(d).
    The Agency does not object to the Board’s addition of these options. (PC 11 at
    6.) The SRP Coalition also supports the language added to Section 740.215(d). (PC
    12 at 2.) The SRP Coalition believes that these options make the Part 740 rules more
    consistent with the alternatives to appeal provided in the Part 732 rules. (PC 12 at 3.)
    The Board notes that while an RA may resubmit an application or agreement in
    lieu of an appeal, the same application or agreement may not be submitted more than
    once (unless the application or agreement was denied by operation of law). If the RA
    is not willing to change an application or agreement denied by the Agency, the RA may
    appeal.
    Section 740.220 Acceptance and Modification of Agreement. This section
    mandates that the Agreement shall become effective upon approval of the application
    by the Agency and the receipt of advance partial payment. The advance partial
    payment is determined by the conditions set forth in Section 740.210(c). The
    agreement may be modified upon mutual consent of the parties. Modifications shall be
    in writing and become effective upon signing by the RA and acceptance by the Agency
    unless another date is identified in the modification.
    At first notice, the Board struck the Agency’s proposed Section 740.220(d) and
    substituted language proposed by Ms. Huff for Section 740.220(d). Ms. Huff believed
    that the Agency’s proposed Section 740.220(d) did not provide the RA with any
    7
    The Part 732 rules refer to the Regulation of Petroleum Underground Storage Tanks
    (35 Ill. Adm. Code 732), recent amendments to which are docketed before the Board
    as R97-10.
    16
    recourse in the event the Agency denied the requested modifications. (Ex. 10 at 6-7.)
    In order to maintain consistency with the Part 732 rules and 740.215(d), which allow
    an RA to resubmit documents or seek a joint 90-day extension of the appeal period in
    lieu of an immediate appeal, the Board also added these options to the end of Section
    740.220(d). The Agency does not object to the Board’s addition of new subsection (d)
    to Section 740.220. (PC 11 at 6.) The SRP Coalition also supports the Board’s
    revisions. The SRP Coalition states that the right to appeal the Agency’s denial of a
    request to modify an agreement is “important to provide Remediation Applicants with
    recourse in the event that the Agency denies such a request.” (PC 12 at 3.)
    Section 740.230 Termination of Agreement by the Agency. This section
    provides for termination of an agreement in specified circumstances. The Board has
    added a provision to Section 740.230(d) that will allow the RA and the Agency to file a
    joint request for a 90-day extension of the appeal period. The addition makes this
    section consistent with the other appeal provisions in Part 740.
    Subpart C: Recordkeeping, Billing and Payment
    This subpart sets forth the requirements to be followed in requesting and
    submitting payments for Agency costs incurred under this Part. Specifically, this
    subpart addresses recordkeeping for Agency services, requests for payment, submittal
    of payment and the manner of payment. At first notice, the Board discussed Section
    740.310 (request for payment). During the first notice comment period, the Board
    received comment on Section 740.310, as discussed below.
    Section 740.310 Request for Payment. This section sets forth the procedures
    under which the Agency will request payment for services provided under the Review
    and Evaluation Service Agreement. At first notice, the Board added language in
    subsection (c) that allows for the appeal of Agency requests for payment on the grounds
    that the Agency’s costs for services are unreasonable. The allowance of such appeal
    rights is consistent with appeal rights granted elsewhere in the Board’s rules. In
    comments submitted during the first notice comment period, the SRP Coalition
    supports this change. (PC 12 at 3.)
    The Board also has added a provision to Section 740.310(c) that allows the RA
    and the Agency to file a joint request for a 90-day extension of the appeal period. The
    addition makes this section consistent with other appeal provisions in Part 740.
    Subpart D: Site Investigations, Determination of Remediation Objectives, Preparation
    of Plans and Reports
    Subpart D sets forth the proposed elements of and data quality objectives for
    and site remedial activities to be conducted under the SRP. The aim of these
    provisions is to provide a basis for the Agency to determine whether conditions at a site
    constitute a threat to human health and the environment or warrant further remediation
    17
    under the Act. Subpart D contains procedures and requirements for site investigations
    and remedial actions in comprehensive site investigations, in which all recognized
    environmental conditions at the remediation site are investigated, and in focused site
    investigations, in which only selected recognized environmental conditions or
    contaminants may be addressed. Furthermore, Subpart D requires that all site
    activities, investigations, plans or reports be conducted by or prepared under the
    supervision of a Licensed Professional Engineer (LPE), as required by Section 58.6 of
    the Act.
    At first notice, the Board addressed issues pertaining to Sections 740.415 (site
    investigation - general), 740.420 (comprehensive site investigation), 740.425 (site
    investigation report - comprehensive site investigation report), 740.435 (site
    investigation report - focused site investigation), 740.440 (determination of remediation
    objectives), 740.445 (remediation objectives report) and 740.455 (remedial action
    completion report). Questions and issues were raised during the first notice comment
    period on Sections 740.415
     
    (site investigation - general), 740.420 (comprehensive site
    investigation), 740.430 (focused site investigation), 740.435 (site investigation report -
    focused site investigation), 740.440 (determination of remediation objectives), and
    740.445 (remediation objectives report). A discussion of these issues follows.
    740.415 Site Investigation – General. At first notice, the Board adopted the
    suggestion of Ms. Huff to add references in Section 740.415(d)(1) to certain USEPA or
    ASTM procedures. The Board stated that it also would modify this section to require
    that Agency approval be obtained for the use of such methods. In its comments on the
    first notice, the Agency agrees to this change but notes that the first notice order does
    not incorporate the requirement for Agency approval, as the Board had intended. (PC
    11 at 6.) The Agency states that it has always been the Agency’s intent to have pre-
    approval authority over methods other than those contained in SW-846. (
    Id
    .) The
    attached order now incorporates the requirement that the Agency approve the use of
    methods other than those in SW-846.
    740.420 Comprehensive Site Investigation. Section 740.420 sets forth the
    procedures for completing a comprehensive site investigation to identify all recognized
    environmental conditions that may exist at a remediation site. The investigation is to
    be performed in two phases.
    Before first notice, several participants questioned the proposed incorporation of
    the ASTM Standard. At first notice, the Board found the use of the ASTM Standard
    appropriate. (Site Remediation Program and Groundwater Quality (February 6, 1997),
    R97-11, slip op. 24.) The Board agreed with the Agency that a “comprehensive” site
    investigation should encompass all recognized environmental conditions based on
    reasonable inquiry and the ASTM Standard provides an appropriate method of such
    inquiry.
    18
    Ms. Sharkey and Ms. Huff had raised related questions regarding the definition
    of “recognized environmental concern,” a term used in both the ASTM Standard and
    Part 740. Both Ms. Sharkey and Ms. Huff noted that the Agency’s proposed definition
    of “recognized environmental condition” did not include the
    de minimis
    exception
    contained in the ASTM Standard. Both Ms. Huff and Ms. Sharkey believed that the
    definition of recognized environmental condition was overbroad and vague, in part
    because it did not include an exemption for
    de minimis
    conditions. (PC 8 at 5-6; PC 2
    at 6.)
    At first notice, the Board agreed with the Agency’s rationale for excluding that
    portion of the ASTM Standard
    de minimis
    exemption for conditions that “generally
    would not be the subject of an enforcement action.” For several reasons, however, the
    Board was not persuaded by the Agency’s argument for excluding that portion of the
    ASTM Standard
    de minimis
    exemption for conditions “that generally do not present a
    material risk of harm to public health or the environment.” As the Board interpreted
    the ASTM Standard, the Agency has the opportunity to review the basis for the LPE’s
    conclusion. The Board found it unclear how an RA could rely on a
    de minimis
    exemption contained in the ASTM Standard definition but absent from the definition in
    Part 740. Accordingly, the Board added to the definition of “recognized environmental
    condition” an exemption for “
    de minimis
    conditions that generally do not present a
    threat to human health or the environment.” The Board substituted the term “threat”
    for “material risk” and “human health” for “public health” to conform to the terms
    used elsewhere in Part 740.
    The Board sought comment from the Agency and the public on the changes
    made to Section 740.420. In response, the SRP Coalition states that “[w]e believe that
    by adding this language to the definition of ‘recognized environmental condition,’ the
    Board has addressed the concern that the previous definition was overbroad and
    vague.” (PC 12 at 2.) The SRP Coalition agrees that the additional language makes
    this definition consistent with the ASTM Standards referenced in Part 740. (PC 12 at
    2.)
    In its public comment, the Agency notes that it originally opposed adding a
    de
    minimis
    exclusion because it did not interpret the ASTM Standard to require that the
    LPE describe conditions determined to be
    de minimis
    in the site investigation report.
    (PC 11 at 2.) The Agency states that “if such conditions and the rationale for their
    exclusion under the
    de minimis
    language are not included in the Site Investigation
    Report then the decision is made unilaterally by the LPE in the field.” (PC 11 at 2.)
    The Agency states that “[t]he Board seems to concur that the Agency should have a
    role in reviewing the LPE’s
    de minimis
    determinations but interprets the ASTM
    Standard as requiring the reporting of such judgments.” (PC 11 at 2, citing Site
    Remediation Program and Groundwater Quality (February 6, 1997), R97-11, slip op.
    26-27).
    19
    The Agency suggests adding the following language to Section 740.425(b)(5) to
    eliminate any uncertainty as to whether conditions determined to be
    de minimis
    should
    be described in the Site Investigation Report:
    Describe all conditions the LPE has determined to be
    de minimis
    along with the
    rationale for such
    de minimis
    determination.
    (PC 11 at 2.) The Agency believes that this language will allow the Agency an
    opportunity to review judgments made by the LPE in the Site Investigation Report.
    The Agency would have no objection to the Board’s change to the definition of
    “recognized environmental condition” if this language were added.
    The Board finds that the definition of “recognized environmental condition” as
    revised by the Board at first notice shall remain the same for second notice. However,
    the Board agrees with the Agency that the Agency’s proposed language should be added
    to Section 740.425(b)(5). The Board agrees that language helps to eliminate any
    uncertainty regarding the reporting requirements for the LPE’s
    de minimis
    determinations. Accordingly, we add the Agency’s proposed language to the order
    attached to this opinion.
    Before first notice, Ms. Sharkey suggested that the term “recognized
    environmental concern” be replaced by “regulated substances of concern.” At first
    notice, the Board sought additional comment on whether the term may be used even
    though the ASTM Standard has been retained and on whether additional changes would
    need to be made to accommodate that change.
    In its comments on the first notice, the Agency opposes this suggested change.
    The Agency responds to comments that the term “recognized environmental condition”
    was too broad as follows:
    In the context of the comprehensive site investigation, the statutory definition of
    “regulated substance of concern” requires identification of “any contaminant
    that is expected to be present at the site based on past and current land uses and
    associated releases that are known to the Remediation Applicant based upon
    reasonable inquiry.” (415 ILCS 5/58.2.) The ASTM Standard for phase I site
    assessments is a systematic approach for identifying recognized environmental
    conditions – potential sources of contamination “under conditions that indicated
    a release, threatened release or suspected release” – based on past and current
    land uses. If there is any significant difference between the two terms, it is that
    the use of “recognized environmental condition” narrows rather than expands
    the statutory mandate. While the statutory definition of “regulated substance of
    concern” requires identification of all contaminants that may be present at the
    site based on past and current uses, the definition of “recognized environmental
    condition” requires identification of contaminants based on past and present
    uses only under conditions that indicate a release.
    20
    (PC 11 at 3.)
    The Agency also argues that the use of the ASTM Standard phase I procedure
    will not result in guesswork, as Ms. Sharkey had suggested in her public comments.
    (PC 7 at 1-3.) The Agency states:
    Inevitably, site assessments require the exercise of professional judgment. The
    Agency and LPEs may not always agree on the conclusions resulting from that
    exercise of judgment. However, this is not the same as “guesswork.” To the
    contrary, the Agency believes that the use of systematic investigative procedures
    that are widely understood and used will increase the consistency and reliability
    of the conclusions.
    (PC 11 at 4.)
    The Board declines to adopt Ms. Sharkey’s proposed substitution of “regulated
    substance of concern” for “recognized environmental concern.” While the Board does
    not agree with the Agency’s suggestion that the term “recognized environmental
    condition” narrows the statutory mandate, the Board agrees that the term is consistent
    with the statutory mandate. The Board notes that it has added a
    de minimis
    exclusion
    to the definition of recognized environmental concern, which should alleviate concerns
    that the term will be interpreted overbroadly. In addition, the Board believes that the
    ASTM Standard incorporated into the rules can be more easily applied if the ASTM
    Standard term “recognized environmental condition” is retained.
    Section 740.430 Focused Site Investigation. At first notice, the Board noted
    that “[a]lthough a focused site investigation and limited NFR letter are not expressly
    allowed for by the Act, the Agency testified that its experience has shown that an RA
    may seek an NFR letter only for a particular release of hazardous substances. (Ex. 3 at
    15.) The Board agrees that the Agency’s approach is both sensible and acceptable
    under Title XVII.” (Site Remediation Program and Groundwater Quality (February 6,
    1997), R97-11, slip op. 30.)
    In its comments on the first notice, the Agency notes that while the Act does not
    expressly provide for the focused site investigation, it certainly implies in Sections 58.2
    (definition of ‘site’) and 58.10(b)(1) that such limited approaches should be available.”
    (PC 11 at 7.) The Board agrees and makes no changes to this section.
    Section 740.435 Site Investigation Report -- Focused Site Investigation. This
    section sets forth information required in a focused site investigation report. As
    proposed, subsection (b)(6)(A) requires an evaluation of “exposure routes excluded
    under 35 Ill. Adm. Code 742.Subpart C.” The Board has stricken “Subpart C” from
    this provision because exposure routes may be excluded under several subparts of Part
    742.
    21
    Section 740.440 Determination of Remediation Objectives. This section sets
    forth the method for determining remediation objectives. If the site investigation
    reveals one or more recognized environmental conditions, the RA shall develop
    remediation objectives under 35 Ill. Adm. Code 742 or other remediation measures as
    appropriate.
    At first notice, the Board noted that Section 740.440 contains no procedure for
    the Agency to determine whether a remediation measure has been implemented. The
    Board revised Section 740.440(c) of the Agency’s proposal to allow for such
    verification. The Board sought comment on this revision.
    In its comments on the first notice, the Agency concurs with the revisions, but
    requests that the Board modify the fourth paragraph on page 31 of its first notice
    opinion as follows:
    The Agency also clarified that remediation objectives must be developed only
    when there will be no reliance on institutional controls, but may be required if
    there is an institutional control, depending on the nature of the institutional
    control. For instance, with an institutional control prohibiting potable uses of
    groundwater on the remediation site, the compliance sampling point is moved to
    the boundary of the remediation site, but at that sampling point remediation
    objectives would be developed based on Part 742 groundwater remediation
    objectives. On the other hand, if a soil ingestion or inhalation exposure route
    can be excluded through an engineered barrier (such as a soil cap), then
    compliance would be determined based on whether the barrier meets design
    requirements and is properly maintained rather than the sampling of
    concentrations “beyond” the barrier. (PC 3 at 4-5; Tr. 2 at 324-39.)
    (PC 11 at 7-8.)
    The Board does not find it necessary to amend its first notice opinion.
    However, the Board has reviewed the Agency’s discussion and finds it appropriate.
    The thrust of the Agency’s discussion appears to be that remediation objectives may be
    required in cases in which an institutional control is used, depending on the nature of
    the institutional control. The Board agrees and did not intend to suggest otherwise in
    the first notice opinion.
    The Board believes, however, that it is necessary for the methods of
    determining compliance with remediation objectives to be set forth in the institutional
    control. This is required because the procedures in Section 740.440(b) apply only
    “[w]here there will be no reliance on an institutional control to achieve compliance.”
    Thus, the procedures for determining compliance with remediation objectives must be
    set forth in the institutional control itself.
    22
    The Agency also requests that the Board replace the last sentence of the fourth
    paragraph on page 31 of its first notice opinion with the following:
    For purposes of determining compliance, institutional controls include
    ordinances that preclude the use of groundwater and engineered barriers because
    engineered barriers must be accompanied by institutional controls. Where a
    Remediation Applicant is simply limiting site use (industrial/commercial rather
    than residential), compliance would be determined under subsection 740.440(b).
    (PC 11 at 8.)
    A potential implication of the Agency’s suggested revision is that when site use
    is limited to industrial/commercial use rather than residential use, no institutional
    control is involved and compliance may be determined under subsection 740.440(b).
    The Board does not agree. Proposed Section 742.1000 provides in part as follows:
    Institutional controls must be in place on the property when remediation
    objectives are based on any of the following assumptions:
    1)
    Industrial/Commercial property use . . . .
    Thus, under Part 742, a limitation to industrial/commercial property use will
    require an institutional control. Compliance cannot be determined under Section
    740.440(b) as proposed by the Agency, however, because that section applies only
    “[w]here there will be no reliance on an institutional control to achieve compliance.”
    To allow compliance with remediation objectives for industrial/commercial property to
    be determined under Section 740.440(b), as the Agency suggests, the Board adds the
    following language to Section 740.440(b):
    Where there will be no reliance on an institutional control to achieve
    compliance, or where an institutional control will be relied upon to limit site use
    to industrial/commercial use, compliance with remediation objectives shall be
    demonstrated as follows: . . . .
    The Board believes that this revision addresses the Agency’s concern.
    Section 740.445 Remediation Objectives Report.
    This section sets forth
    information required in a remediation objectives investigation report. As proposed,
    subsection (a) requires the RA to demonstrate “that the requirements for excluding an
    exposure route under 35 Ill. Adm. Code 742.Subpart C have been satisfied.” The
    Board has stricken “Subpart C” from this provision because exposure routes may be
    excluded under several subparts of Part 742.
    Subpart E: Submittal and Review of Plans and Reports
    23
    Subpart E provides the procedures and the standards for review of plans and
    reports. In particular, standards of review are set forth for (1) site investigation reports
    and related activities, (2) remediation objective reports, (3) remedial action plans and
    related activities and (4) remedial action completion reports and related activities. The
    standards are based on statutory standards and apply to both the Agency and the review
    and evaluation licensed professional engineer (RELPE).
    This subpart also addresses the establishment and duration of groundwater
    management zones (GMZ). If a GMZ is in effect, the otherwise applicable
    groundwater quality standards of 35 Ill. Adm. Code 620 shall not apply to the
    contaminants for which groundwater objectives have already been approved. Likewise,
    while the NFR Letter is in effect, the otherwise applicable groundwater quality
    standards of 35 Ill. Adm. Code 620 are superseded. Instead, the remediation
    objectives set forth in the NFR Letter become the groundwater quality standards for
    that area.
    At first notice, the Board discussed Sections 740.505 (review of plans and
    reports), 740.510 (standards for review of site investigation reports and related
    activities), 740.515 (standards for review of remediation objectives reports), and
    740.530 (establishment of groundwater management zones) and amendments to Part
    620 (groundwater quality). Questions and issues were raised during the first notice
    comment period with respect to Sections 740.515 (standards for review of remediation
    objectives reports), 740.530 (establishment of groundwater management zones), and
    the amendments to Part 620 (groundwater quality), as discussed below.
    Section 740.515 Standards for Review of Remediation Objectives Reports.
    This section sets forth the items that the Agency or a RELPE shall consider when
    reviewing a remediation objectives report.
    In a public comment submitted before first notice, Ms. Sharkey stated that the
    Agency’s proposed subsection (a) allows standardless decision-making and suggested
    additional language to cure this defect. (PC 7 at 6.) The Board believed that Ms.
    Sharkey’s suggestion provided a more definite standard for Agency decision-making
    and adopted her change at first notice by replacing the phrase “appropriate for the
    recognized environmental condition” with the phrase “necessary to minimize or
    eliminate any remaining . . . risk presented by the contaminants of concern.” Because
    the Agency did not have an opportunity to respond to this suggestion, the Board invited
    the Agency to comment on this change.
    In its comments on the first notice, the Agency agreed that Ms. Sharkey’s
    proposed change provided a more precise standard of review. However, the Agency
    suggested two modifications: first, adding a reference to “remediation measures,” in
    order to make this section fully consistent with Section 740.440(c) and 740.515(b)(6);
    and second, substituting “recognized environmental conditions” for “contaminants of
    24
    concern” to make this term consistent with Section 740.120. (PC 11 at 8.) With the
    Agency’s suggested changes, this section would provide as follows:
    a) Whether the report is complete and has been accompanied by the
    information and supporting documentation necessary to determine whether
    the remediation objectives have been determined in accordance with 35 Ill.
    Adm. Code 742 and whether any other remediation objectives or
    remediation measures are necessary to minimize or eliminate any remaining
    risk presented by the contaminants of concern recognized environmental
    conditions;
    (PC 11 at 8.)
    The Board agrees that adding “remediation measures” is appropriate for the
    reasons given by the Agency. However, the Board does not agree that “recognized
    environmental condition” should replace “contaminants of concern.” The use of the
    phrase “contaminants of concern” is consistent with Section 740.440(a), which
    provides in part:
    If the site investigation reveals evidence of the existence of one or more
    contaminants of concern, the RA shall develop remediation objectives in
    accordance with 35 Ill. Adm. Code 742 or other remediation measures as
    appropriate . . . .
    Under Section 740.440(a), remediation objectives are developed for contaminants of
    concern, not recognized environmental conditions. This is appropriate because an
    investigation of a recognized environmental concern --
    e.g.
    , an area of darkened soil in
    an area where oil had been used -- may reveal no contaminants of concern once
    sampled. When the Agency reviews a remediation objectives report, then, it should
    determine whether other remediation objectives or measures are necessary to minimize
    or eliminate any remaining risk presented by the contaminants of concern.
    Section 740.530 Establishment of Groundwater Management Zones. This
    section outlines the procedures for establishing GMZs. Subsection (a) provides that
    upon approval of a remedial action plan under Subpart E, groundwater that is the
    subject of the remedial action plan shall automatically be classified as a GMZ for the
    specified contaminants of concern. Subsection (b) provides that the three dimensional
    area of the GMZ is coextensive with the groundwater that is the subject of the remedial
    action plan, although it may be modified where new information and an amended
    remedial action plan warrant. If a GMZ extends across property boundaries, the
    written permission of the owners of the affected properties shall be obtained before the
    GMZ becomes effective, unless the properties are already included in the remediation
    site.
    25
    In a comment submitted before first notice, Ms. Sharkey suggested that a GMZ
    should be effective across the entire groundwater contaminant plume vis a vis Agency
    enforcement regardless of whether another “affected property owner” has provided
    written consent. (PC 2 at 14-15.) At first notice, the Board stated that it was
    disinclined to accept this change because of the Board’s concern that such a GMZ could
    cover a large area and impede the Agency’s ability to protect human health and the
    environment. The Board also stated that the suggested change did not seem to be
    appropriate unless the RA intends to remediate the entire plume. However, the Board
    sought further comment on Ms. Sharkey’s proposed change.
    In its comments on the first notice, the Agency opposes Ms. Sharkey’s proposed
    change. The Agency states that several adverse consequences could flow from
    extending enforcement protection to the entire plume when an RA is not addressing an
    entire plume. First, the Agency notes that it would undermine the Agency’s ability to
    protect human health and the environment. (PC 11 at 9.) Second, the Agency notes
    that this change would be inconsistent with Section 58.5(e) of the Act, which limits
    GMZs to “sites undergoing remedial action.” (
    Id
    .) The Agency notes that under Part
    620 and the Agency’s proposed definition, GMZs generally are three dimensional
    regions containing groundwater being managed to mitigate impairment from
    contaminants released at a site. “Certainly, the GMZ should not extend across the
    entire contamination plume if the entire plume is not the subject of the Remediation
    Action Plan, and Agency-initiated enforcement should not be blocked where no
    remediation is planned.” (
    Id
    .)
    The Agency also argues that it is not clear how the limitation proposed by Ms.
    Sharkey would work administratively. The Agency argues that Ms. Sharkey’s proposal
    would result in a “double standard” --
    i.e.
    , “suspension of Part 620 standards vis-a-vis
    the Agency with Part 620 standards still applicable for purposes of citizen enforcement
    actions and, presumably, tort claims. The Agency sees no need to adopt this bifurcated
    system.” (PC 11 at 10.)
    Finally, the Agency acknowledges that while “the refusal of an affected
    property owner to allow the GMZ to extend beneath his or her property will prevent
    the extension of the GMZ with regard to that property even if the Remedial Action
    Plan does address the entire plume.” (
    Id
    .) However, the Agency states that it “is
    highly unlikely to initiate enforcement actions against SRP participants preparing to
    perform or performing groundwater remediation, at least for the portion of the plume
    covered by the Remedial Action Plan.” (
    Id
    .) The Agency states that such an
    enforcement action would be a waste of resources, even if affected property owners
    have not consented to a GMZ in a portion of the plume covered by the Remedial
    Action Plan. (
    Id
    ., citing International Union, United Automobile, Aerospace and
    Agricultural Implement Workers of America and UAW Local 974 and Citizens for a
    Better Environment v. Caterpillar, Inc. (August 1, 1996), PCB 94-240, slip op. 36-37
    (discussing ineffectiveness of penalties in achieving compliance when development and
    26
    implementation of a corrective action plan is in progress.) On these grounds, the
    Agency urges the Board to reject Ms. Sharkey’s proposed change. (PC 11 at 10-11.)
    The Board declines to adopt Ms. Sharkey’s proposed change for the reasons
    stated in the first notice. The Board also agrees that the proposed change is
    inconsistent with the Act and could pose administrative problems. The Board notes that
    the Agency has indicated that in exercising its enforcement discretion, the Agency will
    consider an RA’s efforts to remediate contaminants in a plume.
    In its comments submitted during the first notice comment period, the Agency
    also wishes to clarify that under Section 740.530(c), a GMZ “remains in effect until
    the NFR Letter becomes effective or a Review and Evaluation Services Agreement is
    terminated.” (PC 11 at 11.) The groundwater objectives achieved as documented in
    the approved Remedial Action Completion Report become the applicable groundwater
    quality standards within the area formerly encompassed by the GMZ once the NFR
    letter is effective. (
    Id
    .) The Agency also states that “subsequent enforcement would be
    based on violation of the new standard or the Part 620 nondegredation standards.”
    (
    Id
    .) The Board finds this description accurate.
    Amendments to Part 620. In addition, at first notice the Board added language
    to Part 620 to make clear that GMZs may be established under Part 740. Specifically,
    the Board added a new Section 620.201(c); a new Section 620.250(d), (e) and (f); and
    a new Section 620.450(c). These changes generally duplicated the provisions of
    Section 740.530 and are intended simply to alert the reader of Part 620 to the
    relationship between Parts 620 and 740. The Board recognizes that the Agency
    opposed subjecting GMZs established under Part 740 to the requirements of Part 620
    (PC 3 at 8-9); however, the Board’s changes to Part 620 merely provide cross-
    references to Part 740. The Board sought comment on the proposed changes to Part
    620.
    In comments submitted during the first notice comment period, the Agency
    states that it concurs with these changes. (PC 11 at 11.) Accordingly, we shall
    proceed to second notice without any further revisions to Part 620.
    27
    Subpart F: No Further Remediation Letters and Recording Requirements
    Subpart F describes the content of NFR Letters, the recording requirements and
    the conditions under which an NFR Letter may be voided. In addition, this subpart
    allows limiting language to be contained in the NFR Letter if the RA has decided to
    limit the investigation or remediation to a portion of a parcel of property, to limited
    environmental conditions or to specific contaminants of concern. The NFR Letter must
    include the information set forth in this subpart and will be issued to RAs who have
    completed all requirements and received final approval of the remedial action
    completion report by the Agency or on appeal. If the Agency fails to issue an NFR
    Letter to an RA within 30 days after approval of the remedial action completion report,
    the NFR Letter shall issue by operation of law. NFR Letters issued by operation of
    law may be memorialized in an affidavit by the RA and recorded under Section
    740.620.
    The RA must submit the NFR Letter or affidavit to the Office of the Recorder
    or the Registrar of Titles of the county in which the remediation site is located. This
    subpart requires that if the RA is not the sole owner of the site, the owner must certify
    that he or she has reviewed the contents of the NFR Letter (or affidavit memorializing
    the NFR Letter if the NFR Letter issues by operation of law) and accepts the terms and
    conditions and any land use limitations set forth in the NFR Letter. The NFR Letter is
    not effective until it is officially recorded. After the NFR Letter is recorded, the RA
    must submit to the Agency a copy of the NFR Letter (or affidavit) as recorded and, in
    applicable situations, the owner certification, to demonstrate that the recording
    requirements have been satisfied. If the remediation site is not managed in accordance
    with the terms of the NFR Letter, the NFR Letter may be voided by the Agency. The
    Agency’s voidance of an NFR Letter may be appealed.
    At first notice, the Board discussed Sections 740.605 (issuance of a No Further
    Remediation Letter), 740.620 (duty to record a No Further Remediation letter), and
    740.625 (voidance of a No Further Remediation Letter). Questions and issues were
    raised during the first notice comment period on Section 740.620 (duty to record a No
    Further Remediation Letter).
    Section 740.620 Duty to Record a No Further Remediation Letter. This section
    addresses the steps that an RA must follow in order to record the NFR Letter (or
    affidavit memorializing an NFR Letter issued by operation of law) with the Office of
    the Recorder or the Registrar of Titles.
    The Agency suggests in its comment on the first notice that the Leaking
    Underground Storage Tank (LUST) Program raises issues similar to those involving
    the non-RA property owner in the SRP. For example, the Agency notes that the
    owners or operators of underground storage tanks (USTs) frequently are not the owners
    of the properties at which releases from USTs have occurred. The Agency also notes
    that under the LUST program, owners or operators of UST systems may restrict future
    28
    uses of a site and require long-term maintenance of institutional controls. The Agency
    requests that the Board consider amending the Part 732 regulations to add a
    requirement similar to that set forth in Section 740.620(d), under which a property
    owner would certify that it accepted such restrictions. The Agency suggests that the
    Board could consider adding this requirement in Regulation of Petroleum Leaking
    Underground Storage Tanks (35 Ill. Adm. Code 732), R97-10 or Tiered Approach to
    Corrective Action Objectives (35 Ill. Adm. Code 742), R97-12. (PC 11 at 11-12.)
    While the Board agrees that the Agency’s suggestion is worthy of consideration,
    the Board declines to include such a change in this second notice for two reasons.
    First, this issue was not raised before first notice and is not discussed at all in the first
    notice. Other participants have not had an opportunity to comment on this issue.
    Second, the APA precludes the Board from opening an entirely new part (
    i.e.
    , Part
    732) at second notice. (5 ILCS 100/5-40 (1994).) However, the Board would
    welcome a formal rulemaking proposal from the Agency with these proposed changes
    to the LUST program.
    Appendices
    Appendix A Target Compound List. In its comments on the Board’s first
    notice, the Agency proposes adding the Chemical Abstract Systems (CAS) number for
    each of the listed constituents on the Target Compound List. (PC 11 at 12.) The
    Agency states that the CAS numbers will facilitate use of the tables. The Board agrees
    and accepts this change. The attached order reflects these changes.
    CONCLUSION
    The Board believes that the Agency’s proposal, with revisions, is consistent
    with Title XVII. We find that the revised proposal establishes procedures and
    standards for the SRP that are designed to ensure cleanup of contaminated property in
    Illinois based on an analysis of risks associated with present and future uses of a site.
    The Board believes that the SRP provides new incentives to clean up abandoned or
    under-used properties within the State of Illinois. The Board believes that the revised
    proposal competently sets forth the procedures for the investigative and remedial
    activities at sites where there is a release, threatened release, or suspected release of
    hazardous substances, pesticides, or petroleum, and for the review and approval of
    those activities. We further believe that the adoption of the revised proposal will
    promote cleanups that protect human health and the environment. The Board concludes
    that the revised proposal is technically feasible and economically reasonable.
    Accordingly, we find today that the record before us justifies adopting the
    revised proposal for second notice. After review of the proposal and revisions by
    JCAR and the completion of the second notice period, the Board will vote on the final
    adoption of the revised proposal.
    29
    ORDER
    The Board hereby directs that the second notice of the following revised
    proposal be submitted to the Joint Committee on Administrative Rules.
    TITLE 35: ENVIRONMENTAL PROTECTION
    SUBTITLE G: WASTE DISPOSAL
    CHAPTER I: POLLUTION CONTROL BOARD
    PART 740
    SITE REMEDIATION PROGRAM
    SUBPART A: GENERAL
    Section
    740.100
    Purpose
    740.105
    Applicability
    740.110
    Permit Waiver
    740.115
    Agency Authority
    740.120
    Definitions
    740.125
    Incorporations by Reference
    740.130
    Severability
    SUBPART B: APPLICATIONS AND AGREEMENTS FOR REVIEW AND
    EVALUATION SERVICES
    Section
    740.200
    General
    740.205
    Submittal of Application and Agreement
    740.210
    Contents of Application and Agreement
    740.215
    Approval or Denial of Application and Agreement
    740.220
    Acceptance and Modification of Application and Agreement
    740.225
    Termination of Agreement by the Remediation Applicant (RA)
    740.230
    Termination of Agreement by the Agency
    740.235
    Use of Review and Evaluation Licensed Professional Engineer (RELPE)
    SUBPART C: RECORDKEEPING, BILLING AND PAYMENT
    Section
    740.300
    General
    740.305
    Recordkeeping for Agency Services
    740.310
    Request for Payment
    740.315
    Submittal of Payment
    740.320
    Manner of Payment
    30
    SUBPART D: SITE INVESTIGATIONS, DETERMINATION OF REMEDIATION
    OBJECTIVES, PREPARATION OF PLANS AND REPORTS
    Section
    740.400
    General
    740.405
    Conduct of Site Activities and Preparation of Plans and Reports by
    Licensed Professional Engineer (LPE)
    740.410
    Form and Delivery of Plans and Reports, Signatories and Certifications
    740.415
    Site Investigation -- General
    740.420
    Comprehensive Site Investigation
    740.425
    Site Investigation Report -- Comprehensive Site Investigation
    740.430
    Focused Site Investigation
    740.435
    Site Investigation Report -- Focused Site Investigation
    740.440
    Determination of Remediation Objectives
    740.445
    Remediation Objectives Report
    740.450
    Remedial Action Plan
    740.455
    Remedial Action Completion Report
    SUBPART E: SUBMITTAL AND REVIEW OF PLANS AND REPORTS
    Section
    740.500
    General
    740.505
    Reviews of Plans and Reports
    740.510
    Standards for Review of Site Investigation Reports and Related Activities
    740.515
    Standards for Review of Remediation Objectives Reports
    740.520
    Standards for Review of Remedial Action Plans and Related Activities
    740.525
    Standards for Review of Remedial Action Completion Reports and
    Related Activities
    740.530
    Establishment of Groundwater Management Zones
    SUBPART F: NO FURTHER REMEDIATION LETTERS AND
    RECORDING REQUIREMENTS
    Section
    740.600
    General
    740.605
    Issuance of No Further Remediation Letter
    740.610
    Contents of No Further Remediation Letter
    740.615
    Payment of Fees
    740.620
    Duty to Record No Further Remediation Letter
    740.625
    Voidance of No Further Remediation Letter
    740.Appendix A
    Target Compound List
    Table A
    Volatile Organics Analytical Parameters and Required
    Quantitation Limits
    31
    Table B
    Semivolatile Organic Analytical Parameters and Required
    Quantitation Limits
    Table C
    Pesticide and Aroclors Organic Analytical Parameters and
    Required Quantitation Limits
    Table D
    Inorganic Analytical Parameters and Required Quantitation
    Limits
    740.Appendix B
    Review and Evaluation Licensed Professional Engineer
    Information
    AUTHORITY: Implementing Sections 58 through 58.12 and authorized by Sections
    58.5, 58.6, 58.7, and 58.11 of the Environmental Protection Act [415 ILCS 5/58
    through 58.12].
    SOURCE: Adopted in R97-11 at 21 Ill. Reg. __________________, effective
    ______________________.
    NOTE: Capitalization denotes statutory language. In this Part, the abbreviation μg is
    used to indicate micrograms.
    SUBPART A: GENERAL
    Section 740.100
    Purpose
    The purpose of this Part is to ESTABLISH PROCEDURES FOR INVESTIGATION
    AND REMEDIATION AT SITES WHERE THERE IS A RELEASE, THREATENED
    RELEASE, OR SUSPECTED RELEASE OF HAZARDOUS SUBSTANCES,
    PESTICIDES, OR PETROLEUM AND FOR THE REVIEW AND APPROVAL OF
    THOSE ACTIVITIES. (Section 58.1(a)(1) of the Act)
    Section 740.105
    Applicability
    a)
    The procedures set forth in this Part may be used by any person required
    under the Act or electing to perform investigative or remedial activities
    at a site where there is a release, threatened release, or suspected release
    of hazardous substances, pesticides, or petroleum unless:
    1)
    The site is on the National Priorities List (Appendix B of 40 CFR
    300);
    2)
    The investigative and remedial activities for which Agency
    review, evaluation and approval are requested are required under
    a current State or federal solid or hazardous waste permit or are
    closure requirements for a solid or hazardous waste treatment,
    storage or disposal site under applicable State or federal laws and
    implementing regulations;
    32
    3)
    The investigative and remedial activities for which Agency
    review, evaluation and approval are requested are required under
    State or federal underground storage tank laws and implementing
    regulations; or
    4)
    The investigative and remedial activities for which Agency
    review, evaluation and approval are requested are required by a
    federal court order or an order issued by the United States
    Environmental Protection Agency and compliance with this Part
    would be contrary to the terms of that order.
    b)
    Any person whose site is excluded under subsection (a) may utilize the
    provisions of this Part to the extent allowed by federal law, federal
    authorization, or by other federal approval.
    c)
    Any person whose site has previously enrolled in the Agency voluntary
    program and whose site is otherwise eligible under Title XVII of the
    Environmental Protection Act (Act) [415 ILCS 5] and this Part may elect
    in accordance with Section 58.1(b) of the Act to use the procedures
    provided in this Part. In determining compliance with Title XVII of the
    Act and this Part for activities at such sites, the Agency may accept any
    documents that are comparable to those required to be submitted under
    this Part.
    d)
    Except for sites excluded under subsection (a), investigative or remedial
    activities at agrichemical facilities may be performed under this Part.
    e)
    All applicable requirements of this Part, including those for plans and
    reports, shall be satisfied prior to the issuance of a No Further
    Remediation Letter.
    Section 740.110
    Permit Waiver
    A STATE PERMIT OR PERMIT REVISION WHICH IS NOT OTHERWISE
    REQUIRED BY FEDERAL LAW OR REGULATIONS SHALL NOT BE
    REQUIRED FOR REMEDIAL ACTIVITIES UNDERTAKEN PURSUANT TO THE
    PROVISIONS OF THIS Part THAT OCCUR ENTIRELY ON THE remediation SITE.
    (Section 58.4 of the Act)
    Section 740.115
    Agency Authority
    NOTHING IN THIS Part SHALL LIMIT THE AUTHORITY OF THE AGENCY TO
    PROVIDE NOTICE UNDER SUBSECTION (q) OF SECTION 4 of the Act OR TO
    UNDERTAKE INVESTIGATIVE, PREVENTIVE OR CORRECTIVE ACTION
    33
    UNDER ANY OTHER APPLICABLE PROVISIONS OF the ACT. (Section 58.9(e)
    of the Act) The Agency may use the procedures of this Part, as appropriate (e.g.,
    service agreements, determination of remediation objectives, and recording
    requirements), for remediation sites where the Remediation Applicant (RA) is seeking a
    release pursuant to Section 4(y) of the Act.
    BOARD NOTE: Under Section 4(y) of the Act, the Agency has the authority to
    release any person from further responsibility for preventive or corrective action under
    the Act following the successful completion of preventive or corrective action
    undertaken by such person upon written request by the person. This release is less
    extensive than the No Further Remediation Letter available under Section 58.10 of the
    Act and Subpart F of this Part. However, in some instances, the procedures required
    to obtain a No Further Remediation Letter are not necessary, and the Remediation
    Applicant may prefer a more limited approach and the release offered under Section
    4(y). This Section offers Remediation Applicants the opportunity, where appropriate,
    to work with the Agency within the service agreement structure and to use the
    procedures for determining remediation objectives under 35 Ill. Adm. Code 742. The
    Act does not provide for the review of decisions under Section 4(y) of the Act.
    Section 740.120
    Definitions
    Except as stated in this Section, or unless a different meaning of a word or term is clear
    from the context, the definition of words or terms in this Part shall be the same as that
    applied to the same words or terms in the Environmental Protection Act.
    "Act" means the Environmental Protection Act [415 ILCS 5/1
    et seq
    .].
    "AGENCY" MEANS THE ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY (Section 3.01 of the Act)
    "Agency travel costs" means costs incurred and documented for travel in
    accordance with 80 Ill. Adm. Code 2800 and 3000 by individuals
    employed by the Agency. Such costs include costs for lodging, meals,
    travel, automobile mileage, vehicle leasing, tolls, taxi fares, parking and
    miscellaneous items.
    "AGRICHEMICAL FACILITY" MEANS A SITE ON WHICH
    AGRICULTURAL PESTICIDES ARE STORED OR HANDLED, OR
    BOTH, IN PREPARATION FOR END USE, OR DISTRIBUTED.
    THE TERM DOES NOT INCLUDE BASIC MANUFACTURING
    FACILITY SITES. (Section 58.2 of the Act)
    "ASTM" MEANS THE AMERICAN SOCIETY FOR TESTING AND
    MATERIALS. (Section 58.2 of the Act)
    34
    "Authorized agent" means a person who is authorized by written consent
    or by law to act on behalf of an owner, operator, or Remediation
    Applicant.
    "Board" means the Pollution Control Board.
    "Contaminant of concern" or "REGULATED SUBSTANCE OF
    CONCERN" MEANS ANY CONTAMINANT THAT IS EXPECTED
    TO BE PRESENT AT THE SITE BASED UPON PAST AND
    CURRENT LAND USES AND ASSOCIATED RELEASES THAT
    ARE KNOWN TO THE REMEDIATION APPLICANT BASED UPON
    REASONABLE INQUIRY. (Section 58.2 of the Act)
    "Costs" means all costs incurred by the Agency in providing services
    pursuant to a Review and Evaluation Services Agreement.
    “Groundwater management zone” or “GMZ” means a three dimensional
    region containing groundwater being managed to mitigate impairment
    caused by the release of contaminants of concern at a remediation site.
    "Indirect costs" means those costs incurred by the Agency which cannot
    be attributed directly to a specific site but are necessary to support the
    site-specific activities, including, but not limited to, such expenses as
    managerial and administrative services, building rent and maintenance,
    utilities, telephone and office supplies.
    "Laboratory costs" means costs for services and materials associated
    with identifying, analyzing, and quantifying chemical compounds in
    samples at a laboratory.
    "LICENSED PROFESSIONAL ENGINEER" OR "LPE" MEANS A
    PERSON, CORPORATION OR PARTNERSHIP LICENSED UNDER
    THE LAWS OF THIS STATE TO PRACTICE PROFESSIONAL
    ENGINEERING. (Section 58.2 of the Act)
    "Other contractual costs" means costs for contractual services not
    otherwise specifically identified, including, but not limited to, printing,
    blueprints, photography, film processing, computer services and
    overnight mail.
    "PERSON" MEANS 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
    35
    STATE, OR ANY INTERSTATE BODY, INCLUDING THE UNITED
    STATES GOVERNMENT AND EACH DEPARTMENT, AGENCY,
    AND INSTRUMENTALITY OF THE UNITED STATES. (Section
    58.2 of the Act)
    "Personal services costs" means costs relative to the employment of
    individuals by the Agency. Such costs include, but are not limited to,
    hourly wages and fringe benefits.
    "PESTICIDE" MEANS ANY SUBSTANCE OR MIXTURE OF
    SUBSTANCES INTENDED FOR PREVENTING, DESTROYING,
    REPELLING, OR MITIGATING ANY PEST OR ANY SUBSTANCE
    OR MIXTURE OF SUBSTANCES INTENDED FOR USE AS A
    PLANT REGULATOR, DEFOLIANT OR DESSICANT. (Section 58.2
    of the Act; Illinois Pesticide Act [415 ILCS 60/4])
    “Practical quantitation limit” or “PQL” or “Estimated quantitation
    limit” means the lowest concentration that can be reliably measured
    within specified limits of precision and accuracy for a specific laboratory
    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 740.125 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 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. EPA/600/R-92/129; or “Methods for the Determination
    of Organic Compounds in Drinking Water, Supplement III,” EPA
    Publication No. EPA/600/R-95/131, all of which are incorporated by
    reference at Section 740.125 of this Part.
    "Reasonably obtainable" means that a copy or reasonable facsimile of the
    record must be obtainable from a private entity or government agency by
    request and upon payment of a processing fee, if any.
    "Recognized environmental condition" means the presence or likely
    presence of any regulated substance or pesticide under conditions that
    indicate a release, threatened release or suspected release of any
    regulated substance or pesticide at, on, to or from a remediation site into
    structures, surface water, sediments, groundwater, soil, fill or geologic
    36
    materials. The term shall not include
    de minimis
    conditions that do not
    present a threat to human health or the environment.
    "REGULATED SUBSTANCE" MEANS ANY HAZARDOUS
    SUBSTANCE AS DEFINED UNDER SECTION 101(14) OF THE
    COMPREHENSIVE ENVIRONMENTAL RESPONSE,
    COMPENSATION, AND LIABILITY ACT OF 1980 (P.L. 96-510)
    AND PETROLEUM PRODUCTS INCLUDING CRUDE OIL OR ANY
    FRACTION THEREOF, NATURAL GAS, NATURAL GAS
    LIQUIDS, LIQUEFIED NATURAL GAS, OR SYNTHETIC GAS
    USABLE FOR FUEL (OR MIXTURES OF NATURAL GAS AND
    SUCH SYNTHETIC GAS). (Section 58.2 of the Act)
    "REGULATED SUBSTANCE OF CONCERN" or "contaminant of
    concern" MEANS ANY CONTAMINANT THAT IS EXPECTED TO
    BE PRESENT AT THE SITE BASED UPON PAST AND CURRENT
    LAND USES AND ASSOCIATED RELEASES THAT ARE KNOWN
    TO THE REMEDIATION APPLICANT BASED UPON
    REASONABLE INQUIRY. (Section 58.2 of the Act)
    "RELEASE" MEANS ANY SPILLING, LEAKING, PUMPING,
    POURING, EMITTING, EMPTYING, DISCHARGING, INJECTING,
    ESCAPING, LEACHING, DUMPING, OR DISPOSING INTO THE
    ENVIRONMENT, BUT EXCLUDES ANY RELEASE WHICH
    RESULTS IN EXPOSURE TO PERSONS SOLELY WITHIN A
    WORKPLACE, WITH RESPECT TO A CLAIM WHICH SUCH
    PERSONS MAY ASSERT AGAINST THE EMPLOYER OR SUCH
    PERSONS; EMISSIONS FROM THE ENGINE EXHAUST OF A
    MOTOR VEHICLE, ROLLING STOCK, AIRCRAFT, VESSEL, OR
    PIPELINE PUMPING STATION ENGINE; RELEASE OF SOURCE,
    BYPRODUCT, OR SPECIAL NUCLEAR MATERIAL FROM A
    NUCLEAR INCIDENT, AS THOSE TERMS ARE DEFINED IN THE
    FEDERAL ATOMIC ENERGY ACT OF 1954, IF SUCH RELEASE IS
    SUBJECT TO REQUIREMENTS WITH RESPECT TO FINANCIAL
    PROTECTION ESTABLISHED BY THE NUCLEAR REGULATORY
    COMMISSION UNDER SECTION 170 OF SUCH ACT; AND THE
    NORMAL APPLICATION OF FERTILIZER. (Section 3.33 of the
    Act)
    "REMEDIAL ACTION" MEANS ACTIVITIES ASSOCIATED WITH
    COMPLIANCE WITH THE PROVISIONS OF SECTIONS 58.6 AND
    58.7 of the Act, including, but not limited to, the conduct of site
    investigations, preparation of work plans and reports, removal or
    treatment of contaminants, construction and maintenance of engineered
    37
    barriers, and/or implementation of institutional controls. (Section 58.2
    of the Act)
    "REMEDIATION APPLICANT" OR "RA" MEANS ANY PERSON
    SEEKING TO PERFORM OR PERFORMING INVESTIGATIVE OR
    REMEDIAL ACTIVITIES UNDER TITLE XVII OF THE ACT
    INCLUDING THE OWNER OR OPERATOR OF THE SITE OR
    PERSONS AUTHORIZED BY LAW OR CONSENT TO ACT ON
    BEHALF OF THE OWNER OR OPERATOR OF THE SITE. (Section
    58.2 of the Act)
    “Remediation objective” means a goal to be achieved in performing
    remedial action, including, but not limited to, the concentration of a
    contaminant, an engineered barrier or engineered control, or an
    institutional control established under Section 58.5 of the Act or Section
    740.Subpart D of this Part.
    “Remediation site” means the single location, place, tract of land, or
    parcel or portion of any parcel of property, including contiguous
    property separated by a public right-of-way, for which review,
    evaluation, and approval of any plan or report has been requested by the
    Remediation Applicant in its application for review and evaluation
    services. This term also includes, but is not limited to, all buildings and
    improvements present at that location, place, or tract of land.
    “RESIDENTIAL PROPERTY” MEANS ANY REAL PROPERTY
    THAT IS USED FOR HABITATION BY INDIVIDUALS, OR where
    children have the opportunity for exposure to contaminants through soil
    ingestion or inhalation at educational facilities, health care facilities,
    child care facilities, or outdoor recreational areas playgrounds. (Section
    58.2 of the Act)
    "Review and Evaluation Licensed Professional Engineer" or "RELPE"
    means the licensed professional engineer with whom a Remediation
    Applicant (RA) has contracted to perform review and evaluation services
    under the direction of the Agency.
    "SITE" MEANS ANY SINGLE LOCATION, PLACE, TRACT OF
    LAND OR PARCEL OF PROPERTY OR PORTION THEREOF,
    INCLUDING CONTIGUOUS PROPERTY SEPARATED BY A
    PUBLIC RIGHT-OF-WAY. (Section 58.2 of the Act) This term also
    includes, but is not limited to, all buildings and improvements present at
    that location, place or tract of land.
    Section 740.125
    Incorporations by Reference
    38
    The Board incorporates the following material by reference. These incorporations
    include no later amendments or editions.
    a)
    ASTM. American Society for Testing Materials, 1916 Race Street,
    Philadelphia, PA 19103. (215) 299-5400
    ASTM E 1527-94, Standard Practice for Environmental Site
    Assessments: Phase I Environmental Site Assessment Process,
    vol. 11.04, approved April 15, 1994.
    b)
    U.S. Government Printing Office, Superintendent of Documents,
    Washington, D.C. 20402. (202) 783-3238
    "Test Methods for Evaluating Solid Wastes, Physical/Chemical
    Methods," EPA Publication No. SW-846 (Third Edition
    (September 1986), as amended by Update I (July 1992)).
    c)
    NTIS. National Technical Information Service, 5285 Port Royal Road,
    Springfield, VA 22161. (703) 487-4600
    “Methods for the Determination of Metals in Environmental
    Samples,” EPA Publication No. EPA/600/4-91/010 (June 1991);
    “Methods for the Determination of Organic Compounds in
    Drinking Water,” EPA Publication No. EPA/600/4-88/039
    (December 1988) (revised July 1991);
    “Methods for the Determination of Organic Compounds in
    Drinking Water, Supplement II,” EPA Publication No.
    EPA/600/R-92/129 (August 1992);
    “Methods for the Determination of Organic Compounds in
    Drinking Water, Supplement III,” EPA Publication No.
    EPA/600/R-95/131 (August 1995).
    d)
    United States Environmental Protection Agency, Office of Emergency
    and Remedial Response, Washington, D.C. 20460.
    “A Compendium of Superfund Field Operations Methods,”
    EPA/540/0-87-001,OSWER Directive 9355.0-14 (December
    1987);
    39
    “Subsurface Characterization and Monitoring Techniques: A
    Desk Reference Guide, Volume I: Solids and Ground Water,
    Appendices A and B,” EPA/625/R-93/003a (May 1993);
    “Subsurface Characterization and Monitoring Techniques: A
    Desk Reference Guide, Volume II: The Vadose Zone, Field
    Screening and Analytical Methods, Appendices C and D,”
    EPA/625/R-93/003b (May 1993).
    Section 740.130
    Severability
    If any Section, subsection, sentence or clause of this Part is judged invalid, such
    adjudication shall not affect the validity of this Part as a whole or any Section,
    subsection, sentence or clause thereof not judged invalid.
    SUBPART B: APPLICATIONS AND AGREEMENTS FOR REVIEW
    AND EVALUATION SERVICES
    Section 740.200
    General
    This Subpart sets forth the requirements to be followed by Remediation Applicants
    (RA) in applying for review and evaluation services from the Agency, provides for
    approval or denial of applications by the Agency, and sets forth the requirements to be
    followed in entering into or terminating agreements to provide review and evaluation
    services and any related services that the RA may request.
    Section 740.205
    Submittal of Application and Agreement
    Site Remediation Program Applications (Applications) and Review and Evaluation
    Services Agreements (Agreements) shall be submitted to the Agency on forms
    prescribed and provided by the Agency with attachments as necessary. Applications
    and Agreements may be combined into one form. Applications and Agreements shall
    be mailed or delivered to the address designated by the Agency on the forms. Requests
    that are hand-delivered shall be delivered during the Agency’s normal business hours.
    Section 740.210
    Contents of Application and Agreement
    a)
    The Application shall, at a minimum, contain the following information:
    1)
    The full legal name, address, and telephone number of the RA,
    the remediation site owner, if different from the RA, and any
    authorized agents acting on behalf of the RA or remediation site
    owner, and any contact persons to whom inquiries and
    correspondence must be addressed;
    40
    2)
    The original signature of the RA or of the authorized agent acting
    on behalf of the RA;
    3)
    For applicants other than the remediation site owner, written
    permission from the owner, or the authorized agent of the owner,
    for conducting investigative and remedial activities:
    A)
    Where the remediation site extends across property
    boundaries, written permission must be obtained from the
    owner of each affected property;
    B)
    The written permission shall clearly identify the
    remediation site for which services are sought;
    C)
    The written permission shall contain the original signature
    of the owner; and
    D)
    Where the RA is authorized by law to act on behalf of the
    owner of the remediation site, the RA shall provide
    written documentation of that authority;
    4)
    The remediation site address, site name, the Illinois inventory
    identification number, if assigned, and the approximate size of
    the remediation site in acres;
    5)
    A statement of the nature of the No Further Remediation Letter
    determinationrequested:
    A)
    The statement shall indicate whether the RA is requesting
    a No Further Remediation Letterdetermination under
    Section 58.10 of the Act for:
    i)
    A limited number of recognized environmental
    conditions and related contaminants of concern as
    specified by the RA and identified by a focused
    site investigation under Section 740.430 of this
    Part; or
    ii)
    All recognized environmental conditions and
    related contaminants of concern for the
    remediation site as identified by a comprehensive
    site investigation under Section 740.420 of this
    Part; or
    41
    B)
    The statement shall indicate whether the RA is requesting
    a release under Section 4(y) of the Act;
    6)
    A statement identifying the recognized environmental conditions
    and related contaminants of concern for which the RA is seeking
    the No Further Remediation Letterdetermination as follows:
    A)
    If the RA is requesting a No Further Remediation Letter
    determination under subsection (a)(5)(A)(i) above, the RA
    shall specify, to the extent reasonably possible, the limited
    recognized environmental conditions to be addressed,
    including the related contaminants of concern; or
    B)
    If the RA is requesting a No Further Remediation
    Letterdetermination under subsection (a)(5)(A)(ii) above,
    the RA shall generally state that all recognized
    environmental conditions and related contaminants of
    concern identified by the comprehensive site investigation
    to be conducted under Section 740.420 of this Part shall
    be addressed;
    7)
    Site base map(s) of sufficient detail and accuracy to show all of
    the following:
    A)
    A distance of at least 1,000 feet around the remediation
    site at a scale no smaller than one inch equal to 200 feet;
    B)
    Map scale, north arrow orientation, date, and location of
    the site with respect to township, range and section;
    C)
    Remediation site boundary lines, with the owners of
    property adjacent to the remediation site clearly indicated,
    if reasonably identifiable; and
    D)
    Surrounding land uses (e.g., residential property,
    industrial/commercial property, agricultural property, and
    conservation property);
    8)
    Identification of the following:
    A)
    Any support services being sought from the Agency in
    addition to the review and evaluation services; and
    B)
    Anticipated schedule;
    42
    9)
    A statement of the current use of the remediation site and of post-
    remediation uses;
    10)
    A list of all Agency permits pertaining to the remediation site
    currently held by the owner and operator;
    11)
    The Federal Employer Identification Number (FEIN) or Social
    Security Number (SSN) of the RA; and
    12)
    The signature of the RA certifying the accuracy and completeness
    of the application.
    b)
    The Agreement may include the conditions set forth in subsection (c), as
    well as any additional support services to be provided by the Agency, as
    set forth in subsection (d) and as may be requested by the RA, and any
    terms and conditions necessary to accomplish those services.
    c)
    EXCEPT FOR SITES EXCLUDED under Section 740.105 or 740.215
    of this Part, THE AGENCY SHALL, SUBJECT TO AVAILABLE
    RESOURCES, AGREE TO PROVIDE REVIEW AND EVALUATION
    SERVICES FOR ACTIVITIES CARRIED OUT PURSUANT TO THIS
    Part FOR WHICH THE RA REQUESTED THE SERVICES in writing.
    As a condition for providing services, THE AGENCY MAY REQUIRE
    THAT THE RA FOR A remediation SITE:
    1)
    CONFORM WITH THE PROCEDURES OF the Act and this
    Part;
    2)
    ALLOW FOR OR OTHERWISE ARRANGE remediation SITE
    VISITS OR OTHER remediation SITE EVALUATION BY THE
    AGENCY WHEN SO REQUESTED;
    3)
    AGREE TO PERFORM THE Remedial Action PLAN AS
    APPROVED UNDER THIS Part;
    4)
    AGREE TO PAY ANY REASONABLE COSTS INCURRED
    AND DOCUMENTED BY THE AGENCY IN PROVIDING
    SUCH SERVICES pursuant to this Part;
    5)
    MAKE AN ADVANCE PARTIAL PAYMENT TO THE
    AGENCY FOR SUCH ANTICIPATED SERVICES;
    A)
    An advance partial payment in the amount of $500 may be
    submitted along with the Application and Agreement
    forms; or
    43
    B)
    The applicant may request on a form provided by the
    Agency that the Agency estimate the total costs to the
    Agency of providing the requested services and assess an
    advance partial payment in an amount acceptable to the
    Agency but not to exceed $5,000 or one-half of the total
    anticipated costs of the Agency, whichever is less;
    6)
    DEMONSTRATE, IF NECESSARY, AUTHORITY TO ACT
    ON BEHALF OF OR IN LIEU OF THE OWNER OR
    OPERATOR. (Sections 58.7(b)(1)(A)-(F) of the Act)
    d)
    In addition to review and evaluation services, the RA may request and
    the Agency may provide other types of support services under terms and
    conditions agreed to by the parties and set forth in the Agreement.
    Additional services offered by the Agency include, but are not limited
    to:
    1)
    Sample collection and analyses;
    2)
    Assistance with community relations; and
    3)
    Coordination and communication between the RA and other
    governmental entities.
    Section 740.215
    Approval or Denial of Application and Agreement
    a)
    The Agency shall have 30 days from the receipt of an Application to
    approve or deny the Application. The Agency’s record of the date of
    receipt of an Application shall be deemed conclusive unless a contrary
    date is proved by a dated, signed receipt from the Agency or certified or
    registered mail. Reasons for denial of an Application shall include, but
    not be limited to, the following:
    1)
    The application is deemed incomplete;
    2)
    The remediation site or the investigative and remedial activities
    requested by the RA do not satisfy the applicability requirements
    set forth at Section 740.105 of this Part; or
    3)
    The Agency does not have the resources available to provide
    review and evaluation services as requested in the Application.
    b)
    The Agency shall notify the RA in writing whether the Application is
    approved or denied. The notification shall be made by certified or
    44
    registered mail postmarked with a date stamp and with return receipt
    requested. The Agency’s final determination shall be deemed to have
    taken place on the post-marked date that the notice is mailed. If the
    Agency denies an Application for services, the notice of denial shall state
    the reasons for the denial.
    c)
    The RA may agree to waive the review deadline under this Section at the
    request of the Agency or on its own discretion.
    d)
    Except for denials under subsection (a)(3) above, if the Agency denies
    an Application, the RA may, within 35 days after receipt of the final
    determination, file an appeal with the Board. If the Agency fails to
    make the final determination on an Application within the time frame
    provided under subsections (a) or (c) above, that failure shall be deemed
    a denial of the Application, which the RA may appeal within 35 days
    after the expiration of the deadline. Appeals to the Board shall be in the
    manner provided for the review of permit decisions in Section 40 of the
    Act. If the Application or Agreement is denied, in lieu of an immediate
    appeal to the Board, the RA may either resubmit the Application or
    Agreement to the Agency or file a joint request for a 90-day extension in
    the manner provided for extensions of permit decisions in Section 40 of
    the Act [415 ILCS 5/40].
    Section 740.220
    Acceptance and Modification of Application and Agreement
    a)
    A signed Agreement shall become effective upon approval by the
    Agency of the Application and the receipt of the advance partial payment
    in an amount determined under Section 740.210(c) of this Part.
    b)
    Upon approval of the Application and receipt of the signed Agreement
    and advance partial payment, recordkeeping for services conducted by
    the Agency shall be initiated as provided in Subpart C of this Part.
    c)
    Modifications to the Application or Agreement shall be by mutual
    agreement of the parties and may be initiated by the RA or the Agency at
    any time. All modifications to the Application or Agreement shall be in
    writing and shall become effective upon signing by the RA and
    acceptance by the Agency unless another date is provided in the
    modification.
    d)
    If the Agency denies any request for modifications to the Application or
    Agreement, the RA may file an appeal within 35 days after receipt of
    notice of the Agency’s denial. Appeals to the Board shall be in the
    manner provided for the review of permit decisions in Section 40 of the
    Act. If any request for modifications to the Application or Agreement is
    45
    denied, in lieu of an immediate appeal to the Board, the RA may either
    resubmit the request for modification to the Agency or file a joint
    request for a 90-day extension in the manner provided for extensions of
    permit decisions in Section 40 of the Act. [415 ILCS 5/40].
    Section 740.225
    Termination of Agreement by the Remediation Applicant (RA)
    a)
    AN RA REQUESTING SERVICES UNDER this Part MAY, AT ANY
    TIME, NOTIFY THE AGENCY, IN WRITING, THAT AGENCY
    SERVICES PREVIOUSLY REQUESTED ARE NO LONGER
    WANTED. WITHIN 180 DAYS AFTER RECEIPT OF THE
    NOTICE, THE AGENCY SHALL PROVIDE THE RA WITH A
    FINAL INVOICE FOR SERVICES PROVIDED UNTIL THE DATE
    OF receipt of SUCH NOTIFICATION. (Section 58.7(b)(3) of the Act)
    b)
    Within 45 days after the receipt of a final invoice prepared under
    subsection (a) above and Section 740.310 of this Part, the RA shall
    submit full payment to the Agency for any unpaid oversight costs the
    Agency has identified in the invoice. Submittal and manner of payment
    shall be as provided under Sections 740.315 and 740.320 of this Part.
    c)
    Upon finding that the RA has paid all oversight costs, the Agency shall
    notify the RA in writing by certified mail, return receipt requested, that
    the Agreement is terminated.
    Section 740.230
    Termination of Agreement by the Agency
    a)
    The Agency may terminate the Review and Evaluation Services
    Agreement if the RA:
    1)
    Fails to comply with the requirements of Title XVII of the Act or
    this Part;
    2)
    Violates any terms or conditions or fails to fulfill any obligations
    of the Agreement;
    3)
    Fails to proceed in a timely and appropriate manner consistent
    with the schedule set forth in the Application, Remedial Action
    Plan, or as subsequently modified by agreement with the Agency;
    or
    4)
    Fails to address an imminent and substantial threat to human life,
    health or the environment in a timely and effective manner.
    46
    b)
    Prior to termination of an Agreement the Agency shall notify the RA in
    writing of its intention to terminate the Agreement and the reasons for
    the intended termination. Except for terminations under subsection
    (a)(4) above, the Agency shall provide the RA with a reasonable
    opportunity of not less than 15 days to correct deficiencies.
    c)
    The Agency shall notify the RA in writing of its final decision to
    terminate the Agreement. The notice of termination shall be made in
    accordance with Section 740.215(b) of this Part. The notice of
    termination shall state the reasons for the termination.
    d)
    Except for terminations under subsection (a)(4) above, if the Agency
    terminates an Agreement, the RA may, within 35 days after receipt of
    the final determination, file an appeal with the Board. Appeals to the
    Board shall be in the manner provided for the review of permit decisions
    in Section 40 of the Act. In lieu of an immediate appeal to the Board,
    the RA may file a joint request for a 90-day extension of the time to file
    an appeal in the manner provided for extensions of permit decisions in
    Section 40 of the Act [415 ILCS 5/40].
    e)
    A request for payment for all unpaid costs incurred by the Agency under
    the Agreement to the date of termination may be included with the notice
    of termination or may be sent as soon thereafter as practicable, but no
    later than 180 days after the Agency’s issuance of the notice of
    termination. The request for payment shall comply with Section
    740.310 of this Part. Within 45 days after the receipt of the request for
    payment the RA shall submit full payment to the Agency. Submittal and
    manner of payment shall be as provided in Sections 740.315 and
    740.320 of this Part.
    Section 740.235
    Use of Review and Evaluation Licensed Professional Engineer
    (RELPE)
    AN RA MAY ELECT TO CONTRACT WITH A LICENSED PROFESSIONAL
    ENGINEER WHO WILL PERFORM REVIEW AND EVALUATION SERVICES ON
    BEHALF OF AND UNDER THE DIRECTION OF THE AGENCY RELATIVE TO
    THE SITE ACTIVITIES. (Section 58.7(c) of the Act)
    a)
    Prior to entering into a contract with an RA under this Part, the Review
    and Evaluation Licensed Professional Engineer (RELPE) shall provide
    the RA with the information detailed in Part 740.Appendix B.
    b)
    PRIOR TO ENTERING INTO THE CONTRACT WITH THE RELPE,
    THE RA SHALL NOTIFY THE AGENCY OF THE RELPE TO BE
    SELECTED. In making the notification, the RA shall submit the
    47
    information detailed in Part 740.Appendix B as provided by the RELPE.
    THE AGENCY AND THE RA SHALL DISCUSS THE POTENTIAL
    TERMS OF THE CONTRACT. (Section 58.7(c)(1) of the Act)
    c)
    AT A MINIMUM, THE CONTRACT WITH THE RELPE SHALL
    PROVIDE THAT THE RELPE WILL SUBMIT ANY plans or
    REPORTS DIRECTLY TO THE AGENCY, WILL TAKE HIS OR
    HER DIRECTIONS FOR WORK ASSIGNMENTS FROM THE
    AGENCY, AND WILL PERFORM THE ASSIGNED WORK ON
    BEHALF OF THE AGENCY. (Section 58.7(c)(2) of the Act)
    1)
    The contract with the RELPE shall set forth the scope of work
    for which the RA has engaged the RELPE and the effective date
    of the contract.
    2)
    Costs incurred by the RELPE shall be paid directly to the RELPE
    by the RA as provided in the contractual agreement between the
    RA and the RELPE.
    3)
    The Agency shall not be liable for any activities conducted by the
    RELPE or for any costs incurred by the RELPE.
    d)
    REASONABLE COSTS INCURRED BY THE AGENCY for oversight
    of the RELPE and its review and evaluation services SHALL BE PAID
    BY THE RA DIRECTLY TO THE AGENCY IN ACCORDANCE
    WITH THE TERMS OF THE REVIEW AND EVALUATION
    SERVICES AGREEMENT ENTERED INTO UNDER this Part.
    (Section 58.7(c)(3) of the Act)
    e)
    IN NO EVENT SHALL THE RELPE ACTING ON BEHALF OF THE
    AGENCY BE AN EMPLOYEE OF THE RA OR THE OWNER OR
    OPERATOR OF THE SITE OR BE AN EMPLOYEE OF ANY
    OTHER PERSON THE RA HAS CONTRACTED TO PROVIDE
    SERVICES RELATIVE TO THE SITE. (Section 58.7(c)(4) of the Act)
    SUBPART C: RECORDKEEPING, BILLING AND PAYMENT
    Section 740.300
    General
    This Subpart sets forth the requirements to be followed in requesting and submitting
    payments for Agency costs incurred under this Part.
    Section 740.305
    Recordkeeping for Agency Services
    48
    a)
    Costs incurred by the Agency shall be tracked within the Agency
    by the use of site-specific codes. The following types of costs
    shall be documented as applicable:
    1)
    Personal services costs and indirect costs;
    2)
    Agency travel costs;
    3)
    Professional and artistic services contractual costs;
    4)
    Laboratory costs;
    5)
    Other contractual costs; and
    6)
    Other costs as agreed.
    b)
    Vouchers associated with review and evaluation services for sites
    under this Part shall be identified by the assigned site-specific
    codes.
    c)
    All Agency personnel performing review and evaluation services
    or other support services for a site under this Part shall allocate
    their time to that site using the assigned site-specific codes.
    Section 740.310
    Request for Payment
    a)
    The Agency shall prepare a written request for payment for costs
    incurred for services provided under the Agreement. Costs shall
    be documented, and the documentation shall be made available to
    the RA upon written request. Requests for payment shall be
    submitted to the RA no more than quarterly unless the request is
    at the conclusion or termination of an Agreement.
    b)
    The first request for payment shall reflect the deduction of any
    advance partial payment from the costs incurred. A request for
    payment shall not be sent until the advance partial payment has
    been depleted.
    c)
    Within 35 days after the receipt of a request for payment, the RA may
    appeal the reasonableness of any request for payment. Appeals of any
    request which do not exceed, in the aggregate, the Agency’s cost
    estimate provided under Section 740.210(c)(5) or $5,000, whichever is
    greater, shall be limited to the grounds that the services on which the
    request is based were not actually performed. Appeals to the Board shall
    be in the manner provided for the review of permit decisions in Section
    49
    40 of the Act. In lieu of an immediate appeal to the Board, the RA may
    file a joint request for a 90-day extension of the time to file an appeal in
    the manner provided for extensions of permit decisions in Section 40 of
    the Act [415 ILCS 5/40].
    Section 740.315
    Submittal of Payment
    Unless appealed in accordance with Section 740.310(c) of this Part, payments for costs
    incurred by the Agency for the performance of services under this Part shall be
    submitted to the Agency within 45 days after receipt of the request for payment, except
    for advance partial payments, which may be submitted along with the Application and
    Agreement or subsequent to the receipt of the Agency’s determination under Section
    740.210(b)(2)(E)(ii) of this Part.
    Section 740.320
    Manner of Payment
    Payment shall be made by check or money order made payable to "Treasurer - State of
    Illinois, For Deposit in the Hazardous Waste Fund." The check or money order shall
    include the Illinois inventory identification number and the Federal Employer
    Identification Number or Social Security Number of the RA entering into an
    Agreement under this Part. Payment shall be mailed or delivered to the address
    designated by the Agency in the request for payment. Payments that are hand-
    delivered shall be delivered during the Agency’s normal business hours.
    SUBPART D: SITE INVESTIGATIONS, DETERMINATION OF REMEDIATION
    OBJECTIVES, PREPARATION OF PLANS AND REPORTS
    Section 740.400
    General
    This Subpart sets forth the requirements for site investigations, determination of
    remediation objectives, and the form and content of plans and reports submitted to the
    Agency under this Part.
    Section 740.405 Conduct of Site Activities and Preparation of Plans and Reports by
    Licensed Professional Engineer (LPE)
    All remediation site activities shall be conducted by, or under the supervision of, a
    Licensed Professional Engineer (LPE). All plans and reports submitted for review and
    evaluation shall be prepared by, or under the supervision of, an LPE.
    Section 740.410
    Form and Delivery of Plans and Reports, Signatories and
    Certifications
    a)
    All plans and reports prepared under this Part shall be submitted to the
    Agency on forms prescribed and provided by the Agency with
    50
    attachments and accompanying documentation as necessary. Plans and
    reports shall be mailed or delivered to the address designated by the
    Agency on the forms. Plans and reports that are hand-delivered to the
    Agency shall be delivered during the Agency’s normal business hours.
    b)
    All plans and reports submitted to the Agency shall include:
    1)
    The full legal name, address and telephone number of the
    Remediation Applicant (RA) or any authorized agent acting on
    behalf of the RA, and any contact persons to whom inquiries and
    correspondence must be addressed;
    2)
    The original signature of the RA or of any authorized agent
    acting on behalf of the RA;
    3)
    The name of the LPE responsible for site activities and
    preparation of the plan or report, the date of preparation,
    registration number, license expiration date, and professional
    seal; and
    4)
    Except as provided in subsection (c) below, the LPE responsible
    for the site investigations, remedial activities, and preparation of
    the plans or reports shall affirm by original signature as follows:
    I attest that all site investigations or remedial activities that are
    the subject of this plan or report were performed under my
    direction and this document and all attachments were prepared
    under my direction or reviewed by me, and to the best of my
    knowledge and belief, the work described in the plan or report
    has been designed or completed in accordance with the Act, 35
    Ill. Adm. Code 740, and generally accepted engineering
    practices, and the information presented is accurate and complete.
    c)
    If the investigation relies in whole or in part upon investigations or
    remedial activities conducted before the affirming LPE's assumption of
    responsibility for site activities, then the LPE is not required to affirm
    that those portions of the investigation or remedial activities were carried
    out under his or her direction. However, the LPE shall review the
    documentation of the prior investigations or remedial activities and
    evaluate their suitability for compliance with Title XVII of the Act and
    this Part. Such information may be submitted to the Agency for
    consideration along with the LPE’s written evaluation of suitability, but
    the Agency shall not be required to accept the information as evidence of
    compliance with any requirements of the Act or this Part.
    51
    d)
    The RA MAY ELECT TO PREPARE AND SUBMIT FOR REVIEW
    AND APPROVAL ANY AND ALL REPORTS AND PLANS
    REQUIRED UNDER THIS Part INDIVIDUALLY FOLLOWING THE
    COMPLETION OF EACH SUCH ACTIVITY or CONCURRENTLY
    FOLLOWING THE COMPLETION OF ALL ACTIVITIES, OR IN
    ANY OTHER COMBINATION. (Section 58.6(f) of the Act)
    Section 740.415
    Site Investigation -- General
    A site investigation shall be performed under this Part to identify, as indicated within
    the RA’s application for review and evaluation services, all or specified recognized
    environmental conditions existing at the remediation site, the related contaminants of
    concern, and associated factors that will aid in the identification of risks to human
    health, safety and the environment, the determination of remediation objectives, and
    the design and implementation of a Remedial Action Plan.
    a)
    If the RA has elected under the application for review and evaluation
    services to obtain a No Further Remediation Letter covering all
    recognized environmental conditions and related contaminants of concern
    for the remediation site, then the procedures provided under Sections
    740.420 and 740.425 of this Part shall be followed.
    b)
    If the RA has elected under the application for review and evaluation
    services to obtain a No Further Remediation Letter covering a limited
    number of recognized environmental conditions and related contaminants
    of concern as specified by the RA, then the procedures at Sections
    740.430 and 740.435 of this Part shall be followed.
    c)
    The RA may revise an election at anytime by initiating a modification of
    the Review and Evaluation Services Agreement under Section 740.220
    of this Part and performing the appropriate site investigation, if
    necessary.
    d)
    Site investigations shall satisfy the following data quality objectives for
    field and laboratory operations to ensure that all data is scientifically
    valid and of known precision and accuracy:
    1)
    All field sampling activities relative to sample collection,
    documentation, preparation, labeling, storage, shipment and
    security, quality assurance and quality control, acceptance
    criteria, corrective action, and decontamination procedures shall
    be conducted in accordance with "Test Methods for Evaluating
    Solid Waste, Physical/Chemical Methods” (SW-846), Vol. One,
    Ch. One (Quality Control) and Vol. Two (Field Manual),
    incorporated by reference at Section 740.125 of this Part. If
    52
    approved by the Agency, sSuch activities also may be conducted
    in accordance with ASTM standards, methods identified in “A
    Compendium of Superfund Field Operations Methods”
    (EPA/540/0-87-001,OSWER Directive 9355.0-14, December
    1987), “Subsurface Characterization and Monitoring Techniques:
    A Desk Reference Guide, Volume I: Solids and Ground Water,
    Appendices A and B” (EPA/625/R-93/003a, May 1993),
    “Subsurface Characterization and Monitoring Techniques: A
    Desk Reference Guide, Volume II: The Vadose Zone, Field
    Screening and Analytical Methods, Appendices C and D”
    (EPA/625/R-93/003b, May 1993), or other procedures as
    approved by the Agency.
    2)
    All field measurement activities relative to equipment and
    instrument operation, calibration and maintenance, corrective
    action, and data handling shall be conducted in accordance with
    "Test Methods for Evaluating Solid Waste, Physical/Chemical
    Methods” (SW-846), Vol. One, Ch. One (Quality Control),
    incorporated by reference at Section 740.125 of this Part, or with
    an equipment or instrument manufacturer’s or vendor’s published
    standard operating procedures.
    3)
    All laboratory quantitative analysis of samples to determine
    concentrations of regulated substances or pesticides shall be
    conducted fully in accordance with "Test Methods for Evaluating
    Solid Waste, Physical/Chemical Methods” (SW-846),
    incorporated by reference at Section 740.125 of this Part, relative
    to all (i) facilities, (ii) equipment and instrumentation, (iii)
    operating procedures, (iv) sample management, (v) test methods,
    (vi) equipment calibration and maintenance, (vii) quality
    assurance and quality control, (viii) corrective action, (ix) data
    reduction and validation, (x) reporting, and (xi) records
    management. The practical quantitation limit (PQL) of the test
    methods selected must be less than or equal to the PQL for the
    Target Compound List at Appendix A of this Part, or, if the site
    remediation objective concentrations have been determined, the
    PQL must be less than or equal to the remediation objective
    concentrations for the site.
    4)
    All field or laboratory measurements of samples to determine
    physical or geophysical characteristics shall be conducted in
    accordance with ASTM standards or other procedures as
    approved by the Agency.
    53
    5)
    All laboratory quantitative analyses of samples to determine
    concentrations of any regulated substances or pesticides that
    require more exacting detection limits or cannot be analyzed by
    standard methods identified in "Test Methods for Evaluating
    Solid Waste, Physical/Chemical Methods” (SW-846),
    incorporated by reference at Section 740.125 of this Part, shall be
    conducted in accordance with analytical protocols developed in
    consultation with and approved by the Agency.
    Section 740.420
    Comprehensive Site Investigation
    The comprehensive site investigation is designed to identify all recognized
    environmental conditions and all related contaminants of concern that may be expected
    to exist at a remediation site. The comprehensive site investigation shall be performed
    in two phases as set forth below.
    a)
    Unless an alternative is approved by the Agency, the phase I
    environmental site assessment shall be designed and implemented in
    accordance with the procedures for such assessments set forth in
    “Standard Practice for Environmental Site Assessments: Phase I
    Environmental Site Assessment Process” (ASTM E 1527-94),
    incorporated by reference at Section 740.125 of this Part.
    b)
    The phase II environmental site assessment shall determine the nature,
    concentration, direction and rate of movement, and extent of the
    contaminants of concern at the remediation site and the significant
    physical features of the remediation site and vicinity that may affect
    contaminant fate and transport and risk to human health, safety and the
    environment. At a minimum, the phase II environmental site assessment
    shall include:
    1)
    Sampling, analyses, and field screening measurements indicating
    the concentrations of contaminants, if any, from the Target
    Compound List at Appendix A of this Part and any other
    contaminants whose presence has been indicated by the phase I
    environmental site assessment. Based on the phase I
    environmental site assessment, the Agency may add or delete
    contaminants from the Target Compound List for sampling,
    analyses, and field screening measurements;
    2)
    Characterization of sources and potential sources of recognized
    environmental conditions and the related contaminants of
    concern, identifying:
    A)
    The sources or potential sources of contamination;
    54
    B)
    The contaminants of concern;
    C)
    Statutory or regulatory classification of the contaminants
    of concern and contaminated materials (e.g., hazardous
    waste, hazardous substance, special waste);
    3)
    Characterization of the extent of contaminants of concern,
    identifying:
    A)
    The actual contaminated medium or media;
    B)
    The three-dimensional configuration of contaminants of
    concern with concentrations delineated; and
    C)
    The nature, direction, and rate of movement of the
    contaminants of concern;
    4)
    Characterization of present and post-remediation exposure
    routes, identifying:
    A)
    All natural and man-made pathways that are on the
    remediation site, in rights-of-way attached to the
    remediation site, or in any areas surrounding the
    remediation site that may be adversely affected as a result
    of a release from the recognized environmental conditions
    and whether there is evidence of migration of
    contaminants of concern, in either solution or vapors,
    along such pathways that may potentially threaten human
    or environmental receptors or that may cause explosions
    in basements, crawl spaces, utility conduits, storm or
    sanitary sewers, vaults or other spaces;
    B)
    The locations of any human and environmental receptors
    and receptor exposure routes; and
    C)
    Current and post-remediation uses of affected or
    potentially affected land, groundwater, surface water, and
    sensitive habitats; and
    5)
    Characterization of significant physical features of the
    remediation site and vicinity that may affect contaminant fate and
    transport and risk to human health, safety and the environment.
    Section 740.425
    Site Investigation Report -- Comprehensive Site Investigation
    55
    a)
    Site investigation results for both phase I and phase II of the
    comprehensive site investigation shall be combined into one Site
    Investigation Report.
    b)
    A Site Investigation Report for a comprehensive site investigation shall
    include, but not be limited to, the following chapters:
    1)
    Executive summary. This chapter shall identify the objectives of
    the site investigation and the technical approach utilized to meet
    such objectives. It shall state whether recognized environmental
    conditions were identified and the data limitations in the
    assessment;
    2)
    Site characterization. This chapter shall include the compilation
    of all sources reviewed and information obtained as a result of
    the site investigation under Section 740.420 of this Part,
    including but not limited to:
    A)
    Sources consulted or reviewed. This subchapter shall
    contain a list of reference documents used in completing
    the site investigation;
    B)
    Site history. This subchapter shall present a chronological
    summary of the historic uses of the remediation site as
    prescribed by “Standard Practice for Environmental Site
    Assessments: Phase I Environmental Site Assessment
    Process” (ASTM E 1527-94), incorporated by reference
    at Section 740.125 of this Part;
    C)
    Site description. This subchapter shall describe the
    regional location, pertinent boundary features, general
    facility physiography, geology, hydrogeology, existing
    and potential migration pathways and exposure routes,
    and current and post-remediation uses of the remediation
    site and surrounding areas that are immediately adjacent to
    the remediation site;
    D)
    Site base map(s) meeting the requirements of Section
    740.210(a)(7) and including the following:
    i)
    The sources or potential sources of the
    contaminants of concern, spill areas, and other
    suspected areas for any or all contaminants of
    concern;
    56
    ii)
    On-site and off-site injection and withdrawal wells;
    and
    iii)
    All buildings, tanks, piles, utilities, paved areas,
    easements, rights-of-way and other features,
    including all known past and current product and
    waste underground tanks or piping; and
    E)
    A legal description or reference to a plat showing the
    boundaries of the remediation site;
    3)
    Site-specific sampling plan. This chapter shall indicate those
    applicable physical and chemical methods utilized for
    contaminant source investigations, soil and sediment
    investigations, hydrogeological investigations, surface water
    investigations, and potential receptor investigations;
    4)
    Documentation of field activities. This chapter shall include the
    results of the field activities to determine physical characteristics.
    At a minimum, this chapter shall include the following elements:
    A)
    Narrative description of the field activities conducted
    during the investigation;
    B)
    The quality assurance project plan utilized to document all
    monitoring procedures (e.g., sampling, field
    measurements and sample analyses) performed during the
    investigation, so as to ensure that all information, data and
    resulting decisions are technically sound, statistically
    valid, and properly documented; and
    C)
    Presentation of the data in an appropriate format (e.g.,
    tabular and graphical displays) such that all information is
    organized and presented logically and that relationships
    between the different investigations for each medium are
    apparent;
    5)
    Endangerment assessment. This chapter shall analyze the results
    of the field activities and characterize the extent of contamination
    (qualitative and quantitative) for contaminants of concern and
    compare the remediation site information with the applicable
    provisions of 35 Ill. Adm. Code 742. This chapter shall:
    57
    A)
    Describe any recognized environmental conditions,
    evaluate exposure routes, including threatened releases,
    and evaluate exposure routes excluded under 35 Ill. Adm.
    Code 742;
    B)
    Describe all conditions the LPE has determined to be
    de
    minimis
    along with the rationale for each such
    de
    minimis
    determination;
    CB)
    Describe the nature, concentration and extent of
    contaminants of concern within all environmental media at
    the remediation site and assess the observed and potential
    contaminant fate and transport;
    DC)
    Describe the significant physical features of the
    remediation site and vicinity that may affect contaminant
    transport and risk to human health, safety and the
    environment; and
    ED)
    Compare the concentrations of the contaminants of
    concern with the corresponding Tier 1 remediation
    objectives under 35 Ill. Adm. Code 742;
    6)
    Conclusion. This chapter shall assess the sufficiency of the data
    in the report and recommend future steps;
    7)
    Appendices. References and data sources, including but not
    limited to field logs, well logs, and reports of laboratory
    analyses, shall be incorporated into the appendices; and
    8)
    Licensed Professional Engineer affirmation in accordance with
    Section 740.410 of this Part.
    Section 740.430
    Focused Site Investigation
    The focused site investigation shall be performed where the RA has specified
    limitations on the recognized environmental conditions or contaminants of concern to
    be covered by the No Further Remediation Letter. At a minimum the focused site
    investigation shall include:
    a)
    A remediation site evaluation to identify the following features as
    relevant to the focus of the investigation:
    58
    1)
    Current and post-remediation use(s) of the remediation site and
    surrounding areas that are immediately adjacent to the
    remediation site;
    2)
    Physical setting including features relevant to geologic,
    hydrogeologic, hydrologic, and topographic conditions; structures
    or other improvements on the remediation site; public
    thoroughfares adjoining the remediation site, as well any roads,
    streets, and parking facilities on the remediation site; utilities
    located on or adjacent to the remediation site; source of potable
    water supply; and sewage disposal system;
    3)
    The presence of containers and storage tanks containing the
    selected contaminants of concern, including contents, and
    assessment of leakage or potential for leakage; and
    4)
    Any other environmental, geologic, geographic, hydrologic or
    physical conditions of concern at the remediation site and
    surrounding areas immediately adjacent to the remediation site;
    b)
    Review of reasonably obtainable records relevant to the recognized
    environmental conditions and the related contaminants of concern for the
    remediation site and areas immediately adjacent to the remediation site,
    records of environmental enforcement actions and their subsequent
    responses, any previous response actions conducted by either local,
    State, federal or private parties, and a list of documents and studies
    prepared for the remediation site;
    c)
    Characterization of sources and potential sources of recognized
    environmental conditions and the related contaminants of concern,
    identifying:
    1)
    The sources or potential sources of the contaminants of concern;
    2)
    The sampling, analyses, and field screening measurements
    indicating the concentrations of the contaminants of concern; and
    3)
    The statutory or regulatory classification of the contaminants of
    concern and contaminated materials (e.g., hazardous waste,
    hazardous substance, special waste);
    d)
    Characterization of the extent of the contaminants of concern,
    identifying:
    1)
    The actual contaminated medium or media of concern;
    59
    2)
    The three-dimensional configuration of the contaminants of
    concern with concentrations delineated; and
    3)
    The nature, direction, and rate of movement of the contaminants
    of concern and degradation products;
    e)
    Characterization of current and post-remediation exposure routes,
    identifying:
    1)
    All natural and man-made pathways that are on the remediation
    site, in rights-of-way attached to the remediation site, or in any
    areas surrounding the remediation site that may be adversely
    affected as a result of a release from the recognized
    environmental conditions and whether there is evidence of
    migration of contaminants of concern, in either solution or
    vapors, along such pathways that may potentially threaten human
    or environmental receptors or that may cause explosions in
    basements, crawl spaces, utility conduits, storm or sanitary
    sewers, vaults or other spaces;
    2)
    The locations of any human and environmental receptors and
    receptor exposure routes; and
    3)
    Current and post-remediation uses of affected or potentially
    affected land, groundwater, surface water, and sensitive habitats;
    and
    f)
    Characterization of significant physical features of the site and vicinity
    that may affect contaminant transport and risk to human health, safety
    and the environment.
    Section 740.435
    Site Investigation Report -- Focused Site Investigation
    a)
    Data and results from the focused site investigation shall be combined
    into one Site Investigation Report.
    b)
    A Site Investigation Report for the focused site investigation shall
    include the results and methodologies of the investigation performed
    pursuant to Section 740.430 of this Part and the following chapters:
    1)
    Executive summary. This chapter shall identify the objectives of
    the site investigation and the technical approach utilized to meet
    such objectives. It shall state the recognized environmental
    60
    conditions and related contaminants of concern specified by the
    RA and the data limitations in the assessment;
    2)
    Site description.
    A)
    If a phase I environmental site assessment has been
    completed in accordance with Section 740.420(a) of this
    Part, then the results may be submitted in accordance with
    Section 740.425 of this Part;
    B)
    This subchapter shall state the method used for the
    evaluation of the remediation site and areas immediately
    adjacent to the remediation site and document the
    observations obtained (e.g., grid patterns or other
    systematic approaches used for large properties). It shall
    describe the regional location, pertinent boundary
    features, general facility physiography, geology,
    hydrogeology, and current and post-remediation uses of
    the remediation site and areas immediately adjacent to the
    remediation site;
    C)
    Site base map(s) meeting the requirements of Section
    740.210(a)(7) and including the following:
    i)
    The sources or potential sources of the
    contaminants of concern, spill areas, and other
    suspected areas for the specified contaminants of
    concern;
    ii)
    On-site and off-site injection and withdrawal wells;
    and
    iii)
    All buildings, tanks, piles, utilities, paved areas,
    easements, rights-of-way and other features,
    including all known past and current product and
    waste underground tanks or piping;
    D)
    A legal description or reference to a plat showing the
    boundaries of the remediation site;
    3)
    Enforcement or response actions. This chapter shall include the
    following information as relevant to the recognized
    environmental conditions:
    61
    A)
    A summary of environmental enforcement actions for the
    remediation site and areas immediately adjacent to the
    remediation site and their subsequent responses;
    B)
    Any previous response actions conducted by either local,
    State, federal or private parties at those sites; and
    C)
    A list of documents and studies prepared for those sites;
    4)
    Site-specific sampling plan. This chapter shall indicate those
    applicable physical and chemical methods utilized for
    contaminant source investigations, soil and sediment
    investigations, hydrogeological investigations, surface water
    investigations, and potential receptor investigations;
    5)
    Documentation of field activities. This chapter shall include the
    results of the field activities to determine physical characteristics.
    At a minimum, this chapter shall include the following elements:
    A)
    Narrative description of the field activities conducted
    during the investigation;
    B)
    The quality assurance project plan utilized to document all
    monitoring procedures (e.g., sampling, field
    measurements and sample analysis) performed during the
    investigation, so as to ensure that all information, data and
    resulting decisions are technically sound, statistically
    valid, and properly documented; and
    C)
    Presentation of the data in an appropriate format (e.g.,
    tabular and graphical displays) such that all information is
    organized and presented logically and that relationships
    between the different investigations for each medium are
    apparent;
    6)
    Endangerment Assessment. This chapter shall analyze the results
    of the field activities and characterize the extent of contamination
    (qualitative and quantitative) for contaminants of concern related
    to the recognized environmental conditions and compare the site
    information with the applicable provisions of 35 Ill. Adm. Code
    742. This chapter shall:
    A)
    Describe any recognized environmental conditions,
    evaluate exposure routes, including threatened releases,
    62
    and evaluate exposure routes excluded under 35 Ill. Adm.
    Code 742.Subpart C;
    B)
    Describe the nature, concentration and extent of
    contaminants of concern within all environmental media at
    the remediation site and assess the observed and potential
    contaminant fate and transport;
    C)
    Describe the significant physical features of the
    remediation site and vicinity that may affect contaminant
    transport and risk to human health, safety and the
    environment; and
    D)
    Compare the concentrations of the contaminants of
    concern with the corresponding Tier 1 remediation
    objectives under 35 Ill. Adm. Code 742;
    7)
    Conclusion. This chapter shall assess the sufficiency of the data
    in the report and recommend future steps;
    8)
    Appendices. Supporting documentation, references and data
    sources, including, but not limited to, field logs, well logs, and
    reports of laboratory analyses, shall be incorporated into the
    appendices; and
    9)
    Licensed Professional Engineer affirmation in accordance with
    Section 740.410 of this Part.
    Section 740.440
    Determination of Remediation Objectives
    a)
    If the site investigation reveals evidence of the existence of one or more
    contaminants of concern, the RA shall develop remediation objectives in
    accordance with 35 Ill. Adm. Code 742 or other remediation measures
    as appropriate (e.g., removal of drums threatening a release).
    b)
    Where there will be no reliance on an institutional control to achieve
    compliance, or where an institutional control will be relief upon to limit
    site use to industrial/commercial use, compliance with remediation
    objectives shall be demonstrated as follows:
    1)
    For groundwater remediation objectives:
    A)
    Sampling points shall be located on the remediation site in
    areas where, following site investigation under Subpart D
    63
    of this Part, concentrations of contaminants of concern
    exceeded remediation objectives.
    B)
    Compliance with the groundwater remediation objectives
    at applicable sampling points shall be determined in
    accordance with 35 Ill. Adm. Code 742.225.
    2)
    For soil remediation objectives:
    A)
    Sampling points shall be located on the remediation site in
    areas where, following site investigation under Subpart D
    of this Part, concentrations of concern exceeded
    remediation objectives.
    B)
    Compliance with soil remediation objectives at applicable
    sampling points shall be determined in accordance with 35
    Ill. Adm. Code 742.225.
    c)
    Where an institutional control or remediation measure will be relied
    upon to achieve compliance, compliance shall be determined based on
    approval by the Agency of the institutional control or remediation
    measure and the timely implementation of the institutional control or
    remediation measure (e.g., if an institutional control prohibiting the use
    of groundwater within the boundaries of the remediation site as a potable
    water supply is obtained under 35 Ill. Adm. Code 742.Subpart J,
    sampling points shall be located at the boundary of the remediation site).
    d)
    Upon completing the determination of remediation objectives, the RA
    shall compile the information into a Remediation Objectives Report
    meeting the requirements of Section 740.445 of this Part for submittal to
    the Agency.
    Section 740.445
    Remediation Objectives Report
    The Remediation Objectives Report shall address the recognized environmental
    condition(s) and related contaminants of concern that were identified in the site
    investigation conducted pursuant to this Part.
    a)
    If an exposure route is to be excluded, the RA shall prepare a
    Remediation Objectives Report demonstrating that the requirements for
    excluding an exposure route under 35 Ill. Adm. Code 742.Subpart C
    have been satisfied.
    b)
    If the RA elects to use the Tier 1 remediation objectives under 35 Ill.
    Adm. Code 742, the RA shall prepare a Remediation Objectives Report
    64
    stating the applicable remediation objectives for the contaminants of
    concern.
    c)
    If the RA elects to develop remediation objectives appropriate for the
    remediation site using Tier 2 or Tier 3 procedures under 35 Ill. Adm.
    Code 742, the RA shall prepare a Remediation Objectives Report
    demonstrating compliance with those procedures.
    d)
    If the RA elects to develop remediation objectives appropriate for the
    remediation site using the area background procedures under 35 Ill.
    Adm. Code 742, the RA shall prepare a Remediation Objectives Report
    demonstrating compliance with those procedures.
    e)
    If the recognized environmental condition requires remediation measures
    other than, or in addition to, remediation objectives determined under 35
    Ill. Adm. Code 742 (e.g., removal of drums threatening a release), the
    Remediation Objectives Report shall describe those measures and
    demonstrate that the measures selected:
    1)
    Will prevent or eliminate the identified threat to human health
    and the environment;
    2)
    Are technically feasible and can be implemented without creating
    additional threats to human health and the environment; and
    3)
    Are not inconsistent with the Act and applicable regulations.
    f)
    IN THE EVENT THAT THE AGENCY HAS DETERMINED IN
    WRITING THAT THE BACKGROUND LEVEL FOR A
    REGULATED SUBSTANCE or pesticide POSES AN ACUTE
    THREAT TO HUMAN HEALTH OR THE ENVIRONMENT AT THE
    SITE WHEN CONSIDERING THE POST-REMEDIAL ACTION
    LAND USE, THE RA SHALL DEVELOP APPROPRIATE RISK-
    BASED REMEDIATION OBJECTIVES IN ACCORDANCE WITH
    subsections (a), (b) and/or (c) above. (Section 58.5(b)(3) of the Act)
    g)
    The Remediation Objectives Report shall contain the affirmation of a
    Licensed Professional Engineer(s) in accordance with Section 740.410 of
    this Part.
    Section 740.450
    Remedial Action Plan
    IF THE APPROVED REMEDIATION OBJECTIVES FOR ANY REGULATED
    SUBSTANCE of concern ESTABLISHED UNDER Sections 740.440 and 740.445 of
    this Part ARE LESS THAN THE LEVELS AT THE remediation SITE PRIOR TO
    65
    ANY REMEDIAL ACTION, THE RA SHALL PREPARE A REMEDIAL ACTION
    PLAN. THE PLAN SHALL DESCRIBE THE proposed REMEDY AND
    EVALUATE ITS ABILITY AND EFFECTIVENESS TO ACHIEVE THE
    REMEDIATION OBJECTIVES APPROVED FOR THE remediation SITE (Section
    58.6(d) of the Act), including but not limited to:
    a)
    Executive summary. This chapter shall identify the objectives of the
    Remedial Action Plan and the technical approach utilized to meet such
    objectives. At a minimum, this chapter shall include the following
    elements:
    1)
    The major components (e.g., treatment, containment, removal
    actions) of the Remedial Action Plan;
    2)
    The scope of the problems to be addressed by the proposed
    remedial action(s) including the specific contaminants of concern
    and the physical area to be addressed by the Remedial Action
    Plan; and
    3)
    Schedule of activities;
    b)
    Statement of remediation objectives or reference to Remediation
    Objectives Report;
    c)
    Remedial technologies selected. This chapter shall describe how each
    major remedial technology identified in the Remedial Action Plan fits
    into the overall strategy for addressing the recognized environmental
    conditions at the remediation site, including but not limited to:
    1)
    Feasibility of implementation;
    2)
    Whether the technologies will perform satisfactorily and reliably
    until the remediation objectives are achieved; and
    3)
    Whether remediation objectives will be achieved within a
    reasonable period of time;
    d)
    Confirmation sampling plan. This chapter shall describe how the
    effectiveness of the remedial action will be measured. At a minimum, a
    site-specific sampling plan and quality assurance project plan must be
    prepared in accordance with the provisions set forth in Section
    740.415(d) of this Part;
    e)
    Current and post-remediation use of the property;
    66
    f)
    Applicable engineered barriers, institutional controls, and groundwater
    monitoring. This chapter shall describe any such controls selected or
    relied upon in determining or achieving remediation objectives,
    including long-term reliability, operating and maintenance plans, and
    monitoring procedures;
    g)
    Appendices. References and other informational sources should be
    incorporated into the appendices; and
    h)
    Licensed Professional Engineer affirmation in accordance with Section
    740.410 of this Part.
    Section 740.455
    Remedial Action Completion Report
    a)
    Except as provided in subsection (b) below, UPON COMPLETION OF
    THE REMEDIAL ACTION PLAN, THE RA SHALL PREPARE A
    REMEDIAL ACTION COMPLETION REPORT. THE REPORT
    SHALL DEMONSTRATE WHETHER THE REMEDIAL ACTION
    WAS COMPLETED IN ACCORDANCE WITH THE APPROVED
    REMEDIAL ACTION PLAN AND WHETHER THE REMEDIATION
    OBJECTIVES, AS WELL AS ANY OTHER REQUIREMENTS OF
    THE PLAN, HAVE BEEN ATTAINED. (Section 58.6(e)(1) of the
    Act) The report shall include, but not be limited to:
    1)
    Executive summary. This chapter shall identify the overall
    objectives of the remedial action and the technical approach
    utilized to meet those objectives, including:
    A)
    A brief description of the remediation site, including the
    recognized environmental conditions, the contaminants of
    concern, the contaminated media, and the extent of
    contamination;
    B)
    The major components of the Remedial Action
    Completion Report;
    C)
    The scope of the problems corrected or mitigated by the
    proposed remedial action(s); and
    D)
    The anticipated post-remediation uses of the remediation
    site and areas immediately adjacent to the remediation
    site;
    2)
    Field activities. This chapter shall provide a narrative description
    of the:
    67
    A)
    Field activities conducted during the investigation;
    B)
    Remedial actions implemented at the remediation site and
    the performance of each remedial technology utilized;
    3)
    Special conditions. This chapter shall provide a description of
    any:
    A)
    Engineered barriers utilized in accordance with 35 Ill.
    Adm. Code 742 to achieve the approved remediation
    objectives;
    B)
    Institutional controls accompanying engineered barriers or
    industrial/commercial property uses in accordance with
    Section 740.450 of this Part and 35 Ill. Adm. Code 742,
    including a legible copy of any such controls, as
    appropriate;
    C)
    Post-remedial monitoring, including:
    i)
    Conditions to be monitored;
    ii)
    Purpose;
    iii)
    Locations;
    iv)
    Frequency; and
    v)
    Contingencies in the event of an exceedence; and
    D)
    Other conditions, if any, necessary for protection of
    human health and the environment that are related to the
    issuance of a No Further Remediation Letter;
    4)
    Results. This chapter shall analyze the effectiveness of the
    remedial actions by comparing the results of the confirmation
    sampling with the remediation objectives prescribed in the
    Agency-approved Remedial Action Plan. The data shall state the
    remediation objectives or reference the Remediation Objectives
    Report and be presented in an appropriate format (e.g., tabular
    and graphical displays) such that all information is organized and
    presented logically and that relationships between the different
    investigations for each medium are apparent;
    68
    5)
    Conclusion. This chapter shall identify the success of the
    remedial action in meeting objectives. This chapter shall assess
    the accuracy and completeness of the data in the report and, if
    applicable, future work;
    6)
    Appendices. References, data sources, and a completed
    environmental notice form as provided by the Agency shall be
    incorporated into the appendices. Field logs, well logs and
    reports of laboratory analyses shall be organized and presented
    logically; and
    7)
    Licensed Professional Engineer affirmation in accordance with
    Section 740.410 of this Part.
    b)
    IF THE APPROVED REMEDIATION OBJECTIVES FOR THE
    REGULATED SUBSTANCES OF CONCERN ESTABLISHED
    UNDER Sections 740.440 AND 740.445 of this Part ARE EQUAL TO
    OR ABOVE THE LEVELS EXISTING AT THE SITE PRIOR TO
    ANY REMEDIAL ACTION, NOTIFICATION AND
    DOCUMENTATION OF SUCH, including a description of any
    engineered barriers, institutional controls, and post-remedial monitoring,
    SHALL CONSTITUTE THE ENTIRE REMEDIAL ACTION
    COMPLETION REPORT FOR PURPOSES OF THIS Part. (Section
    58.6(e)(2) of the Act)
    SUBPART E: SUBMITTAL AND REVIEW OF PLANS AND REPORTS
    Section 740.500
    General
    This Subpart sets forth the requirements for the review of plans and reports submitted
    under this Part. All plans and reports shall satisfy the requirements for form and
    delivery set forth in Section 740.410 of this Part.
    Section 740.505
    Reviews of Plans and Reports
    a)
    ALL REVIEWS CARRIED OUT UNDER THIS Part SHALL BE
    CARRIED OUT BY THE AGENCY OR A RELPE (Review and
    Evaluation Licensed Professional Engineer), BOTH UNDER THE
    DIRECTION OF A LICENSED PROFESSIONAL ENGINEER.
    (Section 58.7(d) of the Act)
    b)
    PLANS, REPORTS AND RELATED ACTIVITIES WHICH THE
    AGENCY OR A RELPE MAY REVIEW INCLUDE, but are not
    limited to:
    69
    1)
    SITE INVESTIGATION REPORTS AND RELATED
    ACTIVITIES;
    2)
    REMEDIATION OBJECTIVES REPORTS;
    3)
    REMEDIAL ACTION PLANS AND RELATED ACTIVITIES;
    AND
    4)
    REMEDIAL ACTION COMPLETION REPORTS AND
    RELATED ACTIVITIES. (Section 58.7(d)(2) of the Act)
    c)
    ONLY THE AGENCY SHALL HAVE THE AUTHORITY TO
    APPROVE, DISAPPROVE, OR APPROVE WITH CONDITIONS A
    PLAN OR REPORT AS A RESULT OF THE REVIEW PROCESS,
    INCLUDING THOSE PLANS OR REPORTS REVIEWED BY A
    RELPE. (Section 58.7(d)(3) of the Act)
    d)
    Except as provided in subsection (d)(5) below, the Agency shall have 60
    days from the receipt of any plan or report to conduct a review and make
    a final determination to approve or disapprove the plan or report, or
    approve the plan or report with conditions. All reviews shall be based
    on the standards set forth in this Subpart E.
    1)
    The Agency's record of the date of receipt of a plan or report
    shall be deemed conclusive unless a contrary date is proven by a
    dated, signed receipt from the Agency or certified or registered
    mail.
    2)
    Submittal of an amended plan or report restarts the time for
    review.
    3)
    The RA may waive the time line for review upon a request from
    the Agency or at the RA's discretion.
    4)
    The Agency shall not be required to review any plan or report
    submitted out of the sequence for plans and reports set forth in
    this Part.
    5)
    If any plans or reports are submitted concurrently, the Agency’s
    timeline for review shall increase to a total of 90 days for all
    plans or reports so submitted.
    e)
    Upon completion of the review, the Agency shall notify the RA in
    writing of its final determination on the plan or report. The Agency’s
    notification shall be made in accordance with Section 740.215(b) of this
    70
    Part. If the Agency disapproves a plan or report or approves a plan or
    report with conditions, the written notification shall contain the
    following information, as applicable:
    1)
    An explanation of the specific type of information or
    documentation, if any, that the Agency deems the RA did not
    provide;
    2)
    A listing of the Sections of Title XVII of the Act or this Part that
    may be violated if the plan or report is approved as submitted;
    3)
    A statement of the specific reasons why Title XVII of the Act or
    this Part may be violated if the plan or report is approved as
    submitted;
    4)
    A statement of the reasons for conditions if conditions are
    required.
    f)
    The Agency may, to the extent consistent with review deadlines, provide
    the RA with a reasonable opportunity to correct deficiencies prior to
    sending a disapproval. However, the correction of such deficiencies by
    the submittal of additional information may, in the sole discretion of the
    Agency, restart the time for review.
    g)
    If the RA has entered into a contract with a RELPE under Subpart B of
    this Part, the Agency shall assign plans and reports submitted by the RA
    to the RELPE for initial review.
    1)
    The RELPE's review shall be conducted in accordance with this
    Subpart E.
    2)
    Upon completion of the review, the RELPE shall recommend to
    the Agency approval or disapproval of the plan or report or
    approval of the plan or report with conditions.
    3)
    Unless otherwise approved by the Agency, the RELPE shall have
    30 days to complete the review of a plan or report and forward
    the recommendation to the Agency. If any plans or reports have
    been submitted concurrently to the Agency, the RELPE shall
    have a total of 45 days to complete the review of all plans or
    reports so submitted, unless otherwise approved by the Agency.
    4)
    The recommendation of the RELPE shall be in writing, shall
    include reasons supporting the RELPE's recommendation, and
    shall be accompanied by all documents submitted by the RA and
    71
    any other information relied upon by the RELPE in reaching a
    decision.
    h)
    IF THE AGENCY DISAPPROVES OR APPROVES WITH
    CONDITIONS A PLAN OR REPORT OR FAILS TO ISSUE A FINAL
    DETERMINATION WITHIN THE applicable review PERIOD AND
    THE RA HAS NOT AGREED TO A WAIVER OF THE DEADLINE,
    THE RA MAY, WITHIN 35 DAYS after receipt of the final
    determination or expiration of the deadline, FILE AN APPEAL TO
    THE BOARD. APPEALS TO THE BOARD SHALL BE IN THE
    MANNER PROVIDED FOR THE REVIEW OF PERMIT DECISIONS
    IN SECTION 40 OF THE ACT. (Section 58.7(d)(5) of the Act)
    Section 740.510
    Standards for Review of Site Investigation Reports and Related
    Activities
    When reviewing Site Investigation Reports and related activities, the Agency or the
    RELPE shall consider:
    a)
    Whether the report is complete and has been accompanied by the
    information and supporting documentation necessary to evaluate the site
    investigation activities;
    b)
    Whether the site investigation has been conducted in accordance with the
    procedures set forth in Title XVII of the Act and Subpart D of this Part,
    including but not limited to:
    1)
    Whether a comprehensive site investigation has been designed
    and implemented in accordance with Section 740.420 of this
    Part;
    2)
    Whether a focused site investigation has been designed and
    implemented in accordance with Section 740.430 of this Part;
    and
    3)
    Whether all sampling and analysis activities have been conducted
    in accordance with Section 740.415 of this Part; and
    c)
    WHETHER THE INTERPRETATIONS AND CONCLUSIONS
    REACHED ARE SUPPORTED BY THE INFORMATION
    GATHERED. (Section 58.7(e)(1) of the Act)
    Section 740.515
    Standards for Review of Remediation Objectives Reports
    72
    When reviewing Remediation Objectives Reports, the Agency or the RELPE shall
    consider:
    a)
    Whether the report is complete and has been accompanied by the
    information and supporting documentation necessary to determine
    whether the remediation objectives have been determined in accordance
    with 35 Ill. Adm. Code 742 and whether any other remediation
    objectives or remediation measures are necessary to minimize or
    eliminate any remaining risk presented by contaminants of concern;
    b)
    WHETHER THE REMEDIATION OBJECTIVES ARE CONSISTENT
    WITH THE REQUIREMENTS OF THE APPLICABLE METHOD
    FOR SELECTING OR DETERMINING REMEDIATION
    OBJECTIVES (Section 58.7(e)(2) of the Act), including but not limited
    to:
    1)
    If exposure routes have been excluded under 35 Ill. Adm. Code
    742.Subpart C:
    A)
    Whether the requirements for the exclusion of exposure
    routes under 35 Ill. Adm. Code 742 have been satisfied;
    and
    B)
    Whether engineered barriers and institutional controls, if
    relied on for the exclusion of exposure routes, satisfy the
    requirements of 35 Ill. Adm. Code 742.
    2)
    IF THE remediation OBJECTIVES WERE BASED ON THE
    DETERMINATION OF AREA BACKGROUND LEVELS
    UNDER 35 Ill. Adm. Code 742.Subpart D:
    A)
    WHETHER THE REVIEW OF CURRENT AND
    HISTORIC CONDITIONS AT THE remediation SITE
    OR IN THE IMMEDIATE VICINITY OF THE SITE has
    been thorough (Section 58.7(e)(2)(A) of the Act);
    B)
    WHETHER THE remediation SITE SAMPLING AND
    ANALYSIS HAVE BEEN PERFORMED IN A
    MANNER RESULTING IN ACCURATE
    DETERMINATIONS as provided in 35 Ill. Adm. Code
    742 and Section 740.415(d) of this Part (Section
    58.7(e)(2)(A) of the Act);
    73
    C)
    Whether the requirements for determining area
    background concentrations under 35 Ill. Adm. Code
    742.Subpart D have been satisfied; and
    D)
    Whether an area background level for a regulated
    substance of concern poses an acute threat to human
    health or the environment at the remediation site when
    considering the post-remediation property uses.
    3)
    If the remediation objectives were determined under 35 Ill. Adm.
    Code 742.Subpart E:
    A)
    Whether the requirements for the use of Tier 1 under 35
    Ill. Adm. Code 742 have been satisfied;
    B)
    Whether the comparison of the concentrations of regulated
    substances of concern and the Tier 1 remediation
    objectives has been performed and the remediation
    objectives determined for the remediation site in
    accordance with 35 Ill. Adm. Code 742; and
    C)
    Whether engineered barriers and institutional controls, if
    relied on in the determination of remediation objectives
    or for industrial/commercial property uses, satisfy the
    requirements of 35 Ill. Adm. Code 742.
    4)
    If the remediation objectives were determined under 35 Ill. Adm.
    Code 742.Subparts F, G, and H:
    A)
    Whether the requirements for the use of Tier 2 under 35
    Ill. Adm. Code 742 have been satisfied;
    B)
    WHETHER THE CALCULATIONS performed under 35
    Ill. Adm. Code 742 WERE ACCURATELY
    PERFORMED (Section 58.7(e)(2)(B) of the Act);
    C)
    WHETHER THE SITE SPECIFIC DATA REFLECT
    ACTUAL remediation SITE CONDITIONS (Section
    58.7(e)(2)(B) of the Act);
    D)
    Whether engineered barriers and institutional controls, if
    relied on in the determination of remediation objectives or
    for industrial/commercial property uses, satisfy the
    requirements of 35 Ill. Adm. Code 742.
    74
    5)
    If the remediation objectives were determined under 35 Ill. Adm.
    Code 742.Subpart I:
    A)
    Whether the requirements for the use of Tier 3 under 35
    Ill. Adm. Code 742 have been satisfied;
    B)
    WHETHER THE CALCULATIONS performed under 35
    Ill. Adm. Code 742 WERE ACCURATELY
    PERFORMED (Section 58.7(e)(2)(C) of the Act);
    C)
    WHETHER THE SITE SPECIFIC DATA REFLECT
    ACTUAL remediation SITE CONDITIONS (Section
    58.7(e)(2)(C) of the Act);
    D)
    Whether engineered barriers and institutional controls, if
    relied on in the determination of remediation objectives
    or for industrial/commercial property uses, satisfy the
    requirements of 35 Ill. Adm. Code 742.
    6)
    If a recognized environmental condition requires remediation
    measures other than, or in addition to, remediation objectives
    determined under 35 Ill. Adm. Code 742 (e.g., removal of drums
    threatening a release), whether the remediation measures
    selected:
    A)
    Will prevent or eliminate the identified threat to human
    health and the environment;
    B)
    Are technically feasible and can be implemented without
    creating additional threats to human health and the
    environment; and
    C)
    Are not inconsistent with the Act and applicable
    regulations.
    7)
    If there are any remaining recognized environmental conditions
    not addressed in the determination of remediation objectives,
    whether those conditions have the potential to pose a significant
    threat to human health or the environment.
    Section 740.520
    Standards for Review of Remedial Action Plans and Related
    Activities
    When reviewing Remedial Action Plans and related activities, the Agency or the
    RELPE shall consider:
    75
    a)
    Whether the plan is complete and has been accompanied by the
    information and supporting documentation necessary to evaluate the
    effectiveness of the plan; and
    b)
    WHETHER THE PLAN WILL RESULT IN COMPLIANCE WITH
    Title XVII of the Act and this Part, including but not limited to:
    1)
    THE LIKELIHOOD THAT THE PLAN WILL RESULT IN
    THE ATTAINMENT OF THE APPLICABLE REMEDIATION
    OBJECTIVES (Section 58.7(e)(3)(A) of the Act);
    2)
    WHETHER THE ACTIVITIES PROPOSED ARE
    CONSISTENT WITH GENERALLY ACCEPTED
    ENGINEERING PRACTICES (Section 58.7(e)(3)(B) of the
    Act); and
    3)
    THE MANAGEMENT OF RISK RELATIVE TO ANY
    REMAINING CONTAMINATION, INCLUDING, BUT NOT
    LIMITED TO, PROVISIONS FOR THE LONG-TERM
    ENFORCEMENT, OPERATION, AND MAINTENANCE OF
    INSTITUTIONAL AND ENGINEERING CONTROLS, IF
    RELIED ON. (Section 58.7(e)(3)(C) of the Act)
    Section 740.525
    Standards for Review of Remedial Action Completion Reports and
    Related Activities
    When reviewing Remedial Action Completion Reports and related activities, the
    Agency or the RELPE shall consider:
    a)
    Whether the report is complete and has been accompanied by the
    information and supporting documentation necessary to evaluate the
    implementation of the Remedial Action Plan and the attainment of the
    applicable remediation objectives;
    b)
    WHETHER THE REMEDIAL ACTIVITIES HAVE BEEN
    COMPLETED IN ACCORDANCE WITH THE APPROVED
    REMEDIAL ACTION PLAN AND WHETHER THE APPLICABLE
    REMEDIATION OBJECTIVES HAVE BEEN ATTAINED (Section
    58.7(e)(4) of the Act); and
    c)
    If engineered barriers and institutional controls have been relied on, or if
    monitoring is required, whether the long-term maintenance, operation
    and enforcement provisions have been established.
    76
    Section 740.530
    Establishment of Groundwater Management Zones
    a)
    Except as provided in subsection (b) below, upon approval by the
    Agency of a Remedial Action Plan under Subpart E of this Part,
    groundwater that is the subject of the Remedial Action Plan shall
    automatically be classified as a groundwater management zone for the
    specified contaminants of concern.
    b)
    The three dimensional area of the groundwater management zone shall
    be deemed to be coextensive with the groundwater that is the subject of
    the Remedial Action Plan. The size of the groundwater management
    zone may be modified where new information and an amended and
    approved Remedial Action Plan warrant. Where the groundwater
    management zone extends across property boundaries, the written
    permission of the owners of the affected properties shall be obtained
    before the groundwater management zone becomes effective unless the
    affected properties already are included within the remediation site.
    c)
    Groundwater management zones designated under this Section shall
    remain in effect until a No Further Remediation Letter becomes effective
    under this Part or an Agreement is terminated.
    d)
    While a groundwater management zone is in effect, the otherwise
    applicable standards from 35 Ill. Adm. Code 620 shall not be applicable
    to the contaminants of concern for which groundwater remediation
    objectives have been approved in the Remediation Objectives Report.
    e)
    If implementation of an approved Remedial Action Plan fails to achieve
    the remediation objectives developed under Section 740.440 of this Part,
    alternative groundwater objectives may be developed under Section
    740.440 of this Part.
    1)
    Upon the development of alternative groundwater objectives, the
    Remediation Objectives Report shall be amended accordingly and
    submitted for review and approval.
    2)
    Upon approval of the amended Remediation Objectives Report,
    the Remedial Action Plan shall be amended and submitted for
    review and approval unless the RA can demonstrate that the
    alternative groundwater objectives already have been achieved.
    In that case, the RA shall submit a Remedial Action Completion
    Report documenting the achievement of the alternative
    groundwater objectives.
    77
    f)
    While the No Further Remediation Letter is in effect, the otherwise
    applicable groundwater quality standards from 35 Ill. Adm. Code
    620.Subpart D are superseded. The applicable groundwater quality
    standards for the specified contaminants of concern within the area
    formerly encompassed by the GMZ are the groundwater objectives
    achieved as documented in the approved Remedial Action Completion
    Report.
    g)
    While the No Further Remediation Letter is in effect, requirements for
    review, reporting and listing relative to groundwater remediation that
    may otherwise be applicable under 35 Ill. Adm. Code 620.250 and
    620.450(a) shall not apply to the area formerly encompassed by the
    groundwater management zone and any contaminants of concern for
    which the groundwater management zone was formerly in effect under
    this Section.
    SUBPART F: NO FURTHER REMEDIATION LETTERS AND
    RECORDING REQUIREMENTS
    Section 740.600
    General
    Subpart F provides for the issuance of No Further Remediation Letters following the
    satisfactory completion of investigative and remedial activities in accordance with Title
    XVII of the Act and this Part. Subpart F also sets forth the fee for the No Further
    Remediation Letter, the recording requirements, and the circumstances under which the
    letter may be voidable.
    Section 740.605
    Issuance of No Further Remediation Letter
    a)
    Except as provided in Section 740.615 below, WITHIN 30 DAYS
    AFTER THE AGENCY'S APPROVAL OF A REMEDIAL ACTION
    COMPLETION REPORT, THE AGENCY SHALL ISSUE A NO
    FURTHER REMEDIATION LETTER APPLICABLE TO THE
    remediation SITE. IN THE EVENT THAT THE AGENCY FAILS TO
    ISSUE THE NO FURTHER REMEDIATION LETTER WITHIN 30
    DAYS AFTER APPROVAL OF THE REMEDIAL ACTION
    COMPLETION REPORT, THE NO FURTHER REMEDIATION
    LETTER SHALL ISSUE BY OPERATION OF LAW. (Section
    58.10(b) of the Act) The No Further Remediation Letter shall have the
    legal effect prescribed in Section 58.10 of the Act.
    b)
    The No Further Remediation Letter shall be issued only to Remediation
    Applicants who have completed all requirements and received final
    approval of the Remedial Action Completion Report by the Agency or
    on appeal.
    78
    c)
    The Agency shall mail the No Further Remediation Letter by registered
    or certified mail, post-marked with a date stamp and with return receipt
    requested. If the RA is not the sole owner of the Remediation Site, the
    Agency shall send a copy of the No Further Remediation Letter
    simultaneously to the owner(s) by first class mail. Final action shall be
    deemed to have taken place on the post-marked date that the letter is
    mailed.
    Section 740.610
    Contents of No Further Remediation Letter
    a)
    Except as provided in subsection (b) below, A NO FURTHER
    REMEDIATION LETTER ISSUED PURSUANT TO Section 58.10 of
    the Act SHALL BE LIMITED TO AND INCLUDE ALL OF THE
    FOLLOWING:
    1)
    AN ACKNOWLEDGMENT THAT THE REQUIREMENTS OF
    THE REMEDIAL ACTION PLAN AND THE REMEDIAL
    ACTION COMPLETION REPORT WERE SATISFIED;
    2)
    A DESCRIPTION OF THE remediation site BY ADEQUATE
    LEGAL DESCRIPTION OR BY REFERENCE TO A PLAT
    SHOWING the BOUNDARIES;
    3)
    THE LEVEL OF THE REMEDIATION OBJECTIVES,
    SPECIFYING, AS APPROPRIATE, ANY LAND USE
    LIMITATION IMPOSED AS A RESULT OF SUCH
    REMEDIATION EFFORTS;
    4)
    A STATEMENT THAT THE AGENCY'S ISSUANCE OF THE
    NO FURTHER REMEDIATION LETTER SIGNIFIES A
    RELEASE FROM FURTHER RESPONSIBILITIES UNDER the
    ACT IN PERFORMING THE APPROVED REMEDIAL
    ACTION AND SHALL BE CONSIDERED PRIMA FACIE
    EVIDENCE THAT THE SITE DOES NOT CONSTITUTE A
    THREAT TO HUMAN HEALTH AND THE ENVIRONMENT
    AND DOES NOT REQUIRE FURTHER REMEDIATION
    UNDER THE ACT if UTILIZED IN ACCORDANCE WITH
    THE TERMS OF THE NO FURTHER REMEDIATION
    LETTER. If the remediation site includes a portion of a larger
    parcel of property or if the RA has elected to limit the recognized
    environmental conditions and related contaminants of concern to
    be remediated, or both, the No Further Remediation Letter shall
    be limited accordingly by its terms;
    79
    5)
    THE PROHIBITION AGAINST THE USE OF ANY
    remediation SITE IN A MANNER INCONSISTENT WITH
    ANY LAND USE LIMITATION IMPOSED AS A RESULT OF
    SUCH REMEDIATION EFFORTS WITHOUT ADDITIONAL
    APPROPRIATE REMEDIAL ACTIVITIES;
    6)
    A DESCRIPTION OF ANY PREVENTIVE, ENGINEERING,
    AND INSTITUTIONAL CONTROLS or monitoring
    REQUIRED IN THE APPROVED REMEDIAL ACTION PLAN
    AND NOTIFICATION THAT FAILURE TO MANAGE THE
    CONTROLS or monitoring IN FULL COMPLIANCE WITH
    THE TERMS OF THE REMEDIAL ACTION PLAN MAY
    RESULT IN VOIDANCE OF THE NO FURTHER
    REMEDIATION LETTER;
    7)
    THE RECORDING OBLIGATIONS PURSUANT TO Title
    XVII of the Act and Section 740.620 of this Part;
    8)
    THE OPPORTUNITY TO REQUEST A CHANGE IN THE
    RECORDED LAND USE PURSUANT TO Title XVII of the
    Act AND Section 740.620(c) of this Part; and
    9)
    NOTIFICATION THAT FURTHER INFORMATION
    REGARDING THE remediation SITE CAN BE OBTAINED
    FROM THE AGENCY THROUGH A REQUEST UNDER THE
    FREEDOM OF INFORMATION ACT [5 ILCS 140/1 et seq.].
    (Section 58.10 (b)(1) - (9) of the Act)
    b)
    IF ONLY A PORTION OF THE SITE OR ONLY SELECTED
    REGULATED SUBSTANCES or pesticides AT A SITE WERE THE
    SUBJECT OF CORRECTIVE ACTION, the No Further Remediation
    Letter may contain ANY OTHER PROVISIONS AGREED TO BY THE
    AGENCY AND THE RA. (Section 58.10(b)(10) of the Act)
    Section 740.615
    Payment of Fees
    a)
    THE AGENCY MAY DENY A NO FURTHER REMEDIATION
    LETTER IF FEES APPLICABLE UNDER THE REVIEW AND
    EVALUATION SERVICES AGREEMENT HAVE NOT BEEN PAID
    IN FULL. (Section 58.10(c) of the Act) The manner of payment shall
    be in accordance with Section 740.320 of this Part.
    b)
    In addition to the fees applicable under the Review and Evaluation
    Services Agreement, THE RECIPIENT OF THE No Further
    Remediation LETTER SHALL FORWARD TO THE AGENCY A NO
    80
    FURTHER REMEDIATION ASSESSMENT IN THE AMOUNT OF
    THE LESSER OF $2500 OR AN AMOUNT EQUAL TO THE COSTS
    INCURRED FOR THE SITE BY THE AGENCY UNDER THE
    Agreement. (Section 58.10(g) of the Act)
    1)
    The No Further Remediation Assessment shall be mailed or
    delivered to the Agency at the address designated by the Agency
    on the request for payment service forms no later than 45 days
    following the receipt of the request for payment. Payments that
    are hand-delivered shall be delivered during the Agency's normal
    business hours.
    2)
    The No Further Remediation Assessment shall be made by check
    or money order payable to “Treasurer - State of Illinois for
    Deposit in the Hazardous Waste Fund.” The check or money
    order shall include the Illinois inventory identification number as
    assigned and the Federal Employer Identification Number or
    Social Security Number of the RA.
    3)
    The No Further Remediation Letter shall be voidable in
    accordance with Section 740.625 if the No Further Remediation
    Assessment is not paid within 45 days after the receipt of the
    request for payment.
    Section 740.620
    Duty to Record No Further Remediation Letter
    a)
    THE RA RECEIVING A NO FURTHER REMEDIATION LETTER
    FROM THE AGENCY PURSUANT TO Title XVII of the Act and this
    Subpart F SHALL SUBMIT THE LETTER, and, where the RA is not
    the sole owner of the remediation site, an owner certification in
    accordance with subsection (d) below, TO THE OFFICE OF THE
    RECORDER OR THE REGISTRAR OF TITLES OF THE COUNTY
    IN WHICH THE remediation SITE IS LOCATED WITHIN 45 DAYS
    AFTER RECEIPT OF THE LETTER. (Section 58.8(a) of the Act)
    1)
    THE OFFICE OF THE RECORDER OR THE REGISTRAR OF
    TITLES SHALL ACCEPT AND RECORD THAT LETTER
    and, where applicable, the owner certification under subsection
    (d) below IN ACCORDANCE WITH ILLINOIS LAW SO
    THAT IT FORMS A PERMANENT PART OF THE CHAIN
    OF TITLE FOR THE SITE. (Section 58.8(a) of the Act)
    2)
    IN THE EVENT THAT A NO FURTHER REMEDIATION
    LETTER ISSUES BY OPERATION OF LAW PURSUANT TO
    Title XVII of the Act and this Subpart F, THE RA MAY record
    81
    AN AFFIDAVIT STATING THAT THE LETTER ISSUED BY
    OPERATION OF LAW. (Section 58.8(d) of the Act) Attached
    to the affidavit shall be the following information:
    A)
    An acknowledgment that the requirements of the Remedial
    Action Plan and the Remedial Action Completion Report
    were satisfied;
    B)
    A description of the location of the remediation site by
    adequate legal description or by reference to a plat
    showing its boundaries;
    C)
    The level of the remediation objectives, specifying, as
    appropriate, any land use limitation imposed as a result of
    such remediation efforts;
    D)
    A statement that the No Further Remediation Letter
    signifies a release from further responsibilities under the
    Act in performing the approved remedial action and shall
    be considered prima facie evidence that the following, as
    identified in the scope of work and the approved Remedial
    Action Plan, does not constitute a threat to human health
    and the environment and does not require further
    remediation under the Act if utilized in accordance with
    the terms of the No Further Remediation Letter:
    i)
    The remediation site;
    ii)
    Selected recognized environmental conditions and
    related contaminants of concern at the remediation
    site; and
    iii)
    Any combination of (D)(i) or (D)(ii) above;
    E)
    The prohibition against the use of any remediation site in
    a manner inconsistent with any property use limitation
    imposed as a result of such remediation efforts without
    additional appropriate remedial activities;
    F)
    A description of any preventive, engineering, and
    institutional controls or monitoring required in the
    approved Remedial Action Plan and notification that
    failure to manage the controls or monitoring in full
    compliance with the terms of the Remedial Action Plan
    82
    may result in voidance of the No Further Remediation
    Letter;
    G)
    The opportunity to request a change in the recorded land
    use pursuant to Title XVII of the Act and subsection (c)
    below;
    H)
    Notification that further information regarding the
    remediation site can be obtained from the Agency through
    a request under the Freedom of Information Act [5 ILCS
    140/1
    et seq.
    ]; and
    I)
    An owner certification in accordance with subsection (d)
    below, where applicable.
    b)
    A NO FURTHER REMEDIATION LETTER or the affidavit filed under
    subsection (a)(2) above SHALL NOT BECOME EFFECTIVE UNTIL
    OFFICIALLY RECORDED along with the owner certification under
    subsection (d) below, where applicable, IN ACCORDANCE WITH
    subsection (a) above. (Section 58.8(b) of the Act) The RA shall obtain
    and submit to the Agency, within 30 days after recording, a copy of the
    letter or affidavit and the owner certification under subsection (d) below,
    where applicable, demonstrating that the recording requirements have
    been satisfied.
    c)
    AT NO TIME SHALL ANY remediation SITE FOR WHICH A LAND
    USE LIMITATION HAS BEEN IMPOSED AS A RESULT OF
    REMEDIATION ACTIVITIES UNDER THIS TITLE BE USED IN A
    MANNER INCONSISTENT WITH THE LAND USE LIMITATION
    UNLESS FURTHER INVESTIGATION OR REMEDIAL ACTION
    HAS BEEN CONDUCTED THAT DOCUMENTS THE
    ATTAINMENT OF OBJECTIVES APPROPRIATE FOR THE NEW
    LAND USE AND A NEW No Further Remediation LETTER
    OBTAINED AND RECORDED IN ACCORDANCE WITH Title XVII
    of the Act and this Part. (Section 58.8(c) of the Act)
    d)
    Where the RA is not the sole owner of the remediation site, the RA shall
    obtain the certification by original signature of each owner, or the duly
    authorized agent of the owner(s), of the remediation site or any portion
    thereof who is not an RA. The certification shall be recorded in
    accordance with this Section, along with the No Further Remediation
    Letter or an affidavit under subsection (a)(2) above. The certification
    shall read as follows:
    83
    I hereby certify that I have reviewed the attached No Further
    Remediation Letter [or “affidavit” if filed under subsection (a)(2)
    above], and that I accept the terms and conditions and any land use
    limitations set forth in the letter [or “affidavit”].
    Section 740.625
    Voidance of No Further Remediation Letter
    a)
    THE NO FURTHER REMEDIATION LETTER SHALL BE
    VOIDABLE IF THE remediation SITE ACTIVITIES ARE NOT
    MANAGED IN FULL COMPLIANCE WITH THE PROVISIONS OF
    Title XVII of the Act, this Part, OR THE APPROVED REMEDIAL
    ACTION PLAN OR REMEDIATION OBJECTIVES UPON WHICH
    THE ISSUANCE OF THE NO FURTHER REMEDIATION LETTER
    WAS BASED. SPECIFIC ACTS OR OMISSIONS THAT MAY
    RESULT IN VOIDANCE OF THE NO FURTHER REMEDIATION
    LETTER INCLUDE, BUT SHALL NOT BE LIMITED TO:
    1)
    ANY VIOLATION OF INSTITUTIONAL CONTROLS OR
    LAND USE RESTRICTIONS, IF APPLICABLE;
    2)
    THE FAILURE OF THE OWNER, OPERATOR, RA, OR ANY
    SUBSEQUENT TRANSFEREE TO OPERATE AND
    MAINTAIN PREVENTIVE OR ENGINEERING CONTROLS
    OR TO COMPLY WITH A GROUNDWATER MONITORING
    PLAN, IF APPLICABLE;
    3)
    THE DISTURBANCE OR REMOVAL OF CONTAMINATION
    THAT HAS BEEN LEFT IN PLACE IN ACCORDANCE
    WITH THE REMEDIAL ACTION PLAN. Access to soil
    contamination may be allowed if, during and after any access,
    public health and the environment are protected consistent with
    the Remedial Action Plan;
    4)
    THE FAILURE TO COMPLY WITH THE RECORDING
    REQUIREMENTS OF Title XVII of the Act and Section
    740.620 of this Part;
    5)
    OBTAINING THE NO FURTHER REMEDIATION LETTER
    BY FRAUD OR MISREPRESENTATION;
    6)
    SUBSEQUENT DISCOVERY OF CONTAMINANTS NOT
    IDENTIFIED AS PART OF THE INVESTIGATIVE OR
    REMEDIAL ACTIVITIES UPON WHICH THE ISSUANCE OF
    THE NO FURTHER REMEDIATION LETTER WAS BASED,
    84
    THAT POSE A THREAT TO HUMAN HEALTH OR THE
    ENVIRONMENT;
    7)
    THE FAILURE TO PAY THE NO FURTHER REMEDIATION
    ASSESSMENT REQUIRED UNDER Section 740.615(b) of this
    Part. (Section 58.10(e) of the Act)
    8)
    The failure to pay in full the applicable fees under the Review
    and Evaluation Services Agreement within 45 days after receiving
    a request for final payment under Section 740.310 of this Part.
    b)
    IF THE AGENCY SEEKS TO VOID A NO FURTHER
    REMEDIATION LETTER, IT SHALL PROVIDE NOTICE TO THE
    CURRENT TITLE HOLDER OF THE remediation SITE AND TO
    THE RA AT HIS OR HER LAST KNOWN ADDRESS. (Section
    58.10(f) of the Act)
    1)
    THE NOTICE SHALL SPECIFY THE CAUSE FOR THE
    VOIDANCE AND DESCRIBE FACTS IN SUPPORT OF
    THAT CAUSE. (Section 58.10(f) of the Act)
    2)
    The Agency shall mail notices of voidance by registered or
    certified mail, date stamped with return receipt requested.
    c)
    WITHIN 35 DAYS AFTER THE RECEIPT OF THE NOTICE OF
    VOIDANCE, THE RA OR CURRENT TITLE HOLDER of the
    remediation site MAY APPEAL THE AGENCY'S DECISION TO THE
    BOARD IN THE MANNER PROVIDED FOR THE REVIEW OF
    PERMITS IN SECTION 40 OF THIS ACT. IF THE BOARD FAILS
    TO TAKE FINAL ACTION WITHIN 120 DAYS, UNLESS SUCH
    TIME PERIOD IS WAIVED BY THE PETITIONER, THE PETITION
    SHALL BE DEEMED DENIED AND THE PETITIONER SHALL BE
    ENTITLED TO AN APPELLATE COURT ORDER PURSUANT TO
    SUBSECTION (d) OF SECTION 41 OF THE ACT. THE AGENCY
    SHALL HAVE THE BURDEN OF PROOF IN ANY SUCH ACTION.
    (Section 58.10(f)(1) of the Act)
    1)
    IF THE AGENCY'S ACTION IS APPEALED, THE ACTION
    SHALL NOT BECOME EFFECTIVE UNTIL THE APPEAL
    PROCESS HAS BEEN EXHAUSTED AND A FINAL
    DECISION REACHED BY THE BOARD OR COURTS.
    (Section 58.10(f)(3) of the Act)
    A)
    UPON RECEIVING A NOTICE OF APPEAL, THE
    AGENCY SHALL FILE A NOTICE OF LIS PENDENS
    85
    WITH THE OFFICE OF THE RECORDER OR THE
    REGISTRAR OF TITLES FOR THE COUNTY IN
    WHICH THE remediation SITE IS LOCATED. THE
    NOTICE SHALL BE FILED IN ACCORDANCE WITH
    ILLINOIS LAW SO THAT IT BECOMES A PART OF
    THE CHAIN OF TITLE FOR THE SITE. (Section
    58.10(f)(4) of the Act)
    B)
    IF THE AGENCY'S ACTION IS NOT UPHELD ON
    APPEAL, THE NOTICE OF LIS PENDENS SHALL BE
    REMOVED IN ACCORDANCE WITH ILLINOIS LAW
    WITHIN 45 DAYS AFTER RECEIPT OF THE FINAL
    DECISION OF THE BOARD OR THE COURTS.
    (Section 58.10(f)(4) of the Act)
    2)
    IF THE AGENCY'S ACTION IS NOT APPEALED, THE
    AGENCY SHALL SUBMIT THE NOTICE OF VOIDANCE TO
    THE OFFICE OF THE RECORDER OR THE REGISTRAR OF
    TITLES FOR THE COUNTY IN WHICH THE SITE IS
    LOCATED. THE NOTICE SHALL BE FILED IN
    ACCORDANCE WITH ILLINOIS LAW SO THAT IT FORMS
    A PERMANENT PART OF THE CHAIN OF TITLE FOR THE
    SITE. (Section 58.10(f)(2) of the Act)
    86
    Section 740.APPENDIX A Target Compound List
    Section 740.Table A Volatile Organics Analytical Parameters and Required
    Quantitation Limits
    CAS No.
    Compound
    Water (μg/L)
    Soil (μg/Kg)
    Method
    74-87-3
    Chloromethane
    10
    10
    8260A
    74-83-9
    Bromomethane
    10
    10
    8260A
    75-01-4
    Vinyl Chloride
    10
    10
    8260A
    75-00-3
    Chloroethane
    10
    10
    8260A
    75-09-2
    Methylene Chloride
    10
    10
    8260A
    67-64-1
    Acetone
    10
    10
    8260A
    75-15-0
    Carbon Disulfide
    10
    10
    8260A
    75-35-4
    1,1-Dichloroethene
    10
    10
    8260A
    75-34-3
    1,1-Dichloroethane
    10
    10
    8260A
    540-59-0
    1,2-Dichloroethene (total)
    10
    10
    8260A
    67-66-3
    Chloroform
    10
    10
    8260A
    107-06-2
    1,2-Dichloroethane
    10
    10
    8260A
    78-93-3
    2-Butanone
    10
    10
    8260A
    71-55-6
    1,1,1-Trichloroethane
    10
    10
    8260A
    56-23-5
    Carbon Tetrachloride
    10
    10
    8260A
    75-27-4
    Bromodichloromethane
    10
    10
    8260A
    78-87-5
    1,2-Dichloropropane
    10
    10
    8260A
    10061-01-5
    cis-1,3-Dichloropropene
    10
    10
    8260A
    79-01-6
    Trichloroethene
    10
    10
    8260A
    124-48-1
    Dibromochloromethane
    10
    10
    8260A
    79-00-5
    1,1,2-Trichloroethane
    10
    10
    8260A
    71-43-2
    Benzene
    10
    10
    8260A
    10061-02-6
    trans-1,3-Dichloropropene
    10
    10
    8260A
    75-25-2
    Bromoform
    10
    10
    8260A
    108-10-1
    4-Methyl-2-pentanone
    10
    10
    8260A
    591-78-6
    2-Hexanone
    10
    10
    8260A
    127-18-4
    Tetrachloroethene
    10
    10
    8260A
    108-88-3
    Toluene
    10
    10
    8260A
    79-34-5
    1,1,2,2-Tetrechloroethane
    10
    10
    8260A
    108-90-7
    Chlorobenzene
    10
    10
    8260A
    100-41-4
    Ethylbenzene
    10
    10
    8260A
    100-42-5
    Styrene
    10
    10
    8260A
    1330-20-7
    Xylenes (total)
    10
    10
    8260A
    Required Quantitation Limits for soil are based on wet weight. Normally data is reported on a dry weight basis; therefore, Reporting
    Limits will be higher, based on the percent dry weight in each sample. The laboratory shall report nonsurrogate components, tentatively
    identified by library search conducted per the guidelines contained in the analytical method.
    87
    Section 740.Table B Semivolatile Organic Analytical Parameters and Required
    Quantitation Limits
    CAS No.
    Compound
    Water
    (μg/L)
    Soil
    (μg/Kg)
    Method
    108-95-2
    Phenol
    10
    660
    8270A
    111-44-4
    bis(2-Chloroethyl) ether
    10
    660
    8270A
    95-57-8
    2-Chlorophenol
    10
    660
    8270A
    95-50-1
    1,2-Dichlorobenzene
    10
    660
    8270A
    541-73-1
    1,3-Dichlorobenzene
    10
    660
    8270A
    106-46-7
    1,4-Dichlorobenzene
    10
    660
    8270A
    95-48-7
    2-Methylphenol
    10
    660
    8270A
    108-60-1
    2,2'-oxybis (1-chloropropane)
    10
    660
    8270A
    106-44-5
    4-Methylphenol
    10
    660
    8270A
    621-64-7
    N-Nitroso-di-n-propylamine
    10
    660
    8270A
    67-72-1
    Hexachloroethane
    10
    660
    8270A
    98-95-3
    Nitrobenzene
    10
    660
    8270A
    78-59-1
    Isophorone
    10
    660
    8270A
    88-75-5
    2-Nitrophenol
    10
    660
    8270A
    105-67-9
    2,4-Dimethylphenol
    10
    660
    8270A
    111-91-1
    bis(2-Chloroethoxy) methane
    10
    660
    8270A
    120-83-2
    2,4-Dichlorophenol
    10
    660
    8270A
    120-82-1
    1,2,4-Trichlorobenzene
    10
    660
    8270A
    91-20-3
    Naphthalene
    10
    660
    8270A
    106-47-8
    4-Chloroaniline
    10
    660
    8270A
    87-68-3
    Hexachlorobutadiene
    10
    660
    8270A
    59-50-7
    4-Chloro-3-methylphenol
    10
    660
    8270A
    91-57-6
    2-Methylnaphthalene
    10
    660
    8270A
    77-47-4
    Hexachlorocyclopentadiene
    10
    660
    8270A
    88-06-2
    2,4,6-Trichlorophenol
    10
    660
    8270A
    95-96-4
    2,4,5-Trichlorophenol
    25
    1600
    8270A
    91-58-7
    2-Chloronaphthalene
    10
    660
    8270A
    88-74-4
    2-Nitroaniline
    25
    1600
    8270A
    131-11-3
    Dimethylphthalate
    10
    660
    8270A
    208-96-8
    Acenaphthalene
    10
    660
    8270A
    606-20-2
    2,6-dinitrotoluene
    10
    660
    8270A
    99-09-2
    3-Nitroanaline
    25
    1600
    8270A
    83-32-9
    Acenaphthene
    10
    660
    8270A
    51-28-5
    2,4-Dinitrophenol
    25
    1600
    8270A
    100-02-7
    4-Nitrophenol
    25
    1600
    8270A
    132-64-9
    Dibenzofuran
    10
    330
    8270A
    121-14-2
    2,4-Dinitrotoluene
    10
    330
    8270A
    84-66-2
    Diethylphthalate
    10
    330
    8270A
    7005-72-3
    4-Chlorophenyl-phenyl ether
    10
    330
    8270A
    86-73-7
    Fluorine
    10
    330
    8270A
    100-01-6
    4-Nitroaniline
    25
    1600
    8270A
    534-52-1
    4,6-Dinitro-2-methylphenol
    25
    1600
    8270A
    86-30-6
    N-nitrosodiphenylamine
    10
    330
    8270A
    101-55-3
    4-Bromophenyl-phenyl ether
    10
    330
    8270A
    118-74-1
    Hexachlorobenzene
    10
    330
    8270A
    87-86-5
    Pentachlorophenol
    25
    1600
    8270A
    85-01-8
    Phenanthrene
    10
    660
    8270A
    120-12-7
    Anthracene
    10
    660
    8270A
    86-74-8
    Carbazole
    10
    660
    8270A
    88
    84-74-2
    Di-n-butylphthalate
    10
    660
    8270A
    206-44-0
    Fluoranthene
    10
    660
    8270A
    129-00-0
    Pyrene
    10
    660
    8270A
    85-68-7
    Butylbenzylphthalate
    10
    660
    8270A
    91-94-1
    3,3'-Dichlorobenzidine
    10
    660
    8270A
    56-55-3
    Benzo(a)anthracene
    10
    660
    8270A
    218-01-9
    Chrysene
    10
    660
    8270A
    117-81-7
    bis(2-Ethylhexyl)phthalate
    10
    660
    8270A
    117-84-0
    Di-n-octylphthalate
    10
    660
    8270A
    205-99-2
    Benzo(b)fluoranthene
    10
    660
    8270A
    207-08-9
    Benzo(k)fluoranthene
    10
    660
    8270A
    50-32-8
    Benzo(a)pyrene
    10
    660
    8270A
    193-39-5
    Indeno(1,2,3-cd)pyrene
    10
    660
    8270A
    53-70-3
    Dibenz(a,h)anthracene
    10
    660
    8270A
    191-24-2
    Benzo(g,h,i)perylene
    10
    660
    8270A
    Required Quantitation Limits for soil are based on wet weight. Normally data is reported on a dry weight basis; therefore, Reporting
    Limits will be higher, based on the percent solids in each sample. This is based on a 30-gram sample and GPC cleanup. The laboratory
    shall report non surrogate components, tentatively identified by library search conducted per the guidelines contained in the analytical
    method.
    89
    Section 740.Table C Pesticide and Aroclors Organic Analytical Parameters and
    Required Quantitation Limits
    CAS No.
    Compound
    Water (μg/L)
    Soil (μg/Kg)
    Method
    319-84-6
    alpha-BHC
    0.05
    8.0
    8081
    319-85-7
    beta-BHC
    0.05
    8.0
    8081
    319-86-8
    delta-BHC
    0.05
    8.0
    8081
    58-89-9
    gamma-BHC
    0.05
    8.0
    8081
    76-44-8
    Heptachlor
    0.05
    8.0
    8081
    309-00-2
    Aldrin
    0.05
    8.0
    8081
    1024-57-3
    Heptachlor epoxide
    0.05
    8.0
    8081
    959-98-8
    Endosulfan I
    0.05
    8.0
    8081
    60-57-1
    Dieldrin
    0.10
    16.0
    8081
    72-55-9
    4,4'-DDE
    0.10
    16.0
    8081
    72-20-8
    Endrin
    0.10
    16.0
    8081
    33213-65-9
    Endosulfan II
    0.10
    16.0
    8081
    72-54-8
    4,4'-DDD
    0.10
    16.0
    8081
    1031-07-8
    Endosulfan sulfate
    0.10
    16.0
    8081
    50-29-3
    4,4'-DDT
    0.10
    16.0
    8081
    72-43-5
    Methoxychlor
    0.50
    80.0
    8081
    53494-70-5
    Endrin ketone
    0.10
    16.0
    8081
    7421-93-4
    Endrin aldehyde
    0.10
    16.0
    8081
    5103-71-9
    alpha-Chlordane
    0.50
    80.0
    8081
    5566-34-7
    gamma-Chlordane
    0.50
    80.0
    8081
    8001-35-2
    Toxaphene
    1.0
    160.0
    8081
    12674-11-2
    Aroclor - 1016
    0.50
    80.0
    8081
    11104-28-2
    Aroclor - 1221
    0.50
    80.0
    8081
    11141-16-5
    Aroclor - 1232
    0.50
    80.0
    8081
    53469-21-9
    Aroclor - 1242
    0.50
    80.0
    8081
    12672-29-6
    Aroclor - 1248
    0.50
    80.0
    8081
    11097-69-1
    Aroclor - 1254
    1.0
    160.0
    8081
    111096-82-5
    Aroclor - 1260
    1.0
    160.0
    8081
    Required Quantitation Limits for soil are based on wet weight. Normally data is reported on a dry weight basis; therefore, Reporting
    Limits will be higher, based on the percent solids in each sample.
    See Section 1.4 for description of circumstances for the analyses of these compounds at these detection limits.
    90
    Section 740.Table D Inorganic Analytical Parameters and Required Quantitation
    Limits
    CAS No.
    Analyte
    Water
    (μg/L)
    Soil
    (mg/Kg)
    Method
    7429-90-5
    Aluminum
    200
    40
    6010A
    7440-36-0
    Antimony
    60
    12
    6010A
    7440-38-2
    Arsenic
    10
    2
    7060A/7061A/
    7062
    7440-39-3
    Barium
    200
    40
    6010A
    7440-41-7
    Beryllium
    5
    1
    6010A
    7440-43-9
    Cadmium
    5
    1
    6010A
    7440-70-2
    Calcium
    5000
    1000
    6010A
    7440-47-3
    Chromium
    10
    2
    6010A
    7440-48-4
    Cobalt
    50
    10
    6010A
    7440-50-8
    Copper
    25
    5
    6010A
    7439-89-6
    Iron
    100
    20
    6010A
    7439-92-1
    Lead
    3
    0.6
    7421
    7239-95-4
    Magnesium
    5000
    1000
    6010A
    7439-96-5
    Manganese
    15
    3
    6010A
    7439-97-6
    Mercury
    0.2
    0.04
    7470A/7471A
    7440-02-0
    Nickel
    40
    8
    6010A
    7440-09-7
    Potassium
    5000
    1000
    6010A
    7782-49-2
    Selenium
    5
    1
    7740A/7741A/
    7742
    7440-22-4
    Silver
    10
    2
    6010A
    7440-23-5
    Sodium
    5000
    1000
    6010A
    7440-28-0
    Thallium
    10
    2
    7841
    7440-62-2
    Vanadium
    50
    10
    6010A
    7440-66-6
    Zinc
    20
    4
    6010A
    57-12-5
    Cyanide
    10
    2
    9012
    Required Quantitation Limits for soil are based on wet weight. Normally data is reported on a dry weight basis; therefore, Reporting
    Limits will be higher, based on the percent dry weight in each sample.
    See Section 1.4 for description of appropriate circumstances for the analyses of these analytes at these detection limits.
    91
    Section 740.APPENDIX B Review and Evaluation Licensed Professional Engineer
    Information
    •
     
    Firm name.
    •
    Address.
    •
     
    Telephone/fax.
    •
     
    Principal officials and titles.
    •
     
    Number of full-time employees.
    •
     
    Business structure (corporation, partnership, LLP, LLC, PSC).
    •
     
    Licensed by Secretary of State? # __________________________
    •
     
    Licensed by Dept. of Professional Regulation? # ____________
    •
     
    Name of Illinois Registered Managing Agent.
    •
     
    Names of insurance carriers and amount of coverage:
    Worker’s Compensation: ________________________________
    General Liability: ____________________________________
    Professional Liability: _______________________________
    •
     
    Does the stated professional liability policy include coverage for
    “environmental” claims related to release of pollutants? If not covered, or
    covered by a different carrier or in a different amount, so state.
    •
    Has the firm or owners ever filed bankruptcy? If “yes,” state when and
    explain.
    •
     
    Is the firm an outgrowth, result, continuation or organization of a former
    business? If “yes,” explain background.
    •
     
    List RELPEs and other key full-time employees that will participate on this
    project with the RELPE. Provide resumes for each, including Illinois P.E.
    License #, certifications, project role, years of experience in related work and
    education.
    •
     
    List five projects similar in nature and identify the role of the RELPE.
    •
    Are employees to be assigned to the project in compliance with 29 CFR
    1910.120 (HAZWOPER training and medical surveillance) as applicable to
    their role on the project?
    92
    TITLE 35: ENVIRONMENTAL PROTECTION
    SUBTITLE F: PUBLIC WATER SUPPLIES
    CHAPTER I: POLLUTION CONTROL BOARD
    PART 620
    GROUNDWATER QUALITY
    SUBPART A: GENERAL
    Section
    620.105
    Purpose
    620.110
    Definitions
    620.115
    Prohibition
    620.125
    Incorporations by Reference
    620.130
    Exemption from General Use Standards and Public and Food Processing
    Water Supply Standards
    620.135
    Exclusion for Underground Water in Certain Man-Made Conduits
    SUBPART B: GROUNDWATER CLASSIFICATION
    Section
    620.201
    Groundwater Designations
    620.210
    Class I: Potable Resource Groundwater
    620.220
    Class II: General Resource Groundwater
    620.230
    Class III: Special Resource Groundwater
    620.240
    Class IV: Other Groundwater
    620.250
    Groundwater Management Zone
    620.260
    Reclassification of Groundwater by Adjusted Standard
    SUBPART C: NONDEGRADATION PROVISIONS FOR APPROPRIATE
    GROUNDWATERS
    Section
    620.301
    General Prohibition Against Use Impairment of Resource Groundwater
    620.302
    Applicability of Preventive Notification and Preventive Response
    Activities
    620.305
    Preventive Notification Procedures
    620.310
    Preventive Response Activities
    SUBPART D: GROUNDWATER QUALITY STANDARDS
    Section
    620.401
    Applicability
    93
    620.405
    General Prohibitions Against Violations of Groundwater Quality
    Standards
    620.410
    Groundwater Quality Standards for Class I: Potable Resource
    Groundwater
    620.420
    Groundwater Quality Standards for Class II: General Resource
    Groundwater
    620.430
    Groundwater Quality Standards for Class III: Special Resource
    Groundwater
    620.440
    Groundwater Quality Standards for Class IV: Other Groundwater
    620.450
    Alternative Groundwater Quality Standards
    SUBPART E: GROUNDWATER MONITORING AND ANALYTICAL
    PROCEDURES
    Section
    620.505
    Compliance Determination
    620.510
    Monitoring and Analytical Requirements
    SUBPART F: HEALTH ADVISORIES
    Section
    620.601
    Purpose of a Health Advisory
    620.605
    Issuance of a Health Advisory
    620.610
    Publishing Health Advisories
    620.615
    Additional Health Advice for Mixtures of Similar-Acting Substances
    Appendix A
    Procedures for Determining Human Threshold Toxicant Advisory
    Concentration for Class I: Potable Resource Groundwater
    Appendix B
    Procedures for Determining Hazard Indices for Class I: Potable
    Resource Groundwater for Mixtures of Similar-Acting Substances
    Appendix C
    Guidelines for Determining When Dose Addition of Similar-Acting
    Substances in Class I: Potable Resource Groundwaters is Appropriate
    Appendix D
    Confirmation of an Adequate Corrective Action Pursuant to 35 Ill.
    Adm. Code 620.250(a)(2)
    AUTHORITY: Implementing and authorized by Section 8 of the Illinois Groundwater
    Protection Act [415 ILCS 55/8].
    SOURCE: Adopted in R89-14(B) at 15 Ill. Reg. 17614, effective November 25,
    1991; amended in R89-14(C) at 16 Ill. Reg. 14667, effective September 11, 1992;
    amended at 18 Ill. Reg. 14084, effective August 24, 1994; amended in R97-11 at 21
    Ill. Reg. ___________, effective _____________________.
    SUBPART B: GROUNDWATER CLASSIFICATION
    94
    Section 620.201 Groundwater Designations
    All groundwaters of the State are designated as:
    a)
    One of the following four classes of groundwater in accordance with
    Sections 620.210 through 620.240:
    1)
    Class I: Potable Resource Groundwater;
    2)
    Class II: General Resource Groundwater;
    3)
    Class III: Special Resource Groundwater;
    4)
    Class IV: Other Groundwater; or
    b)
    A groundwater management zone in accordance with Section 620.250.;
    or
    c)
    A groundwater management zone as defined in 35 Ill. Adm. Code
    740.120 and established under 35 Ill. Adm. Code 740.530.
    (Source: Amended at 21 Ill. Reg. _________________, effective
    _____________________)
    Section 620.250 Groundwater Management Zone
    a) Within any class of groundwater, a groundwater management zone may be
    established as a three dimensional region containing groundwater being
    managed to mitigate impairment caused by the release of contaminants from
    a site:
    1) That is subject to a corrective action process approved by the
    Agency; or
     
    2) For which the owner or operator undertakes an adequate corrective
    action in a timely and appropriate manner and provides a written
    confirmation to the Agency. Such confirmation must be provided in a
    form as prescribed by the Agency.
    b) A groundwater management zone is established upon concurrence by the
    Agency that the conditions as specified in subsection (a) are met and
    groundwater management continues for a period of time consistent with the
    action described in that subsection.
     
    95
    c) A groundwater management zone expires upon the Agency's receipt of
    appropriate documentation which confirms the completion of the action
    taken pursuant to subsection (a) and which confirms the attainment of
    applicable standards as set forth in Subpart D. The Agency review the
    on-going adequacy of controls and continued management at the site if
    concentrations of chemical constituents, as specified in Section
    620.450(a)(4)(B), remain in groundwater at the site following completion of
    such action. The review must take place no less often than every 5 years and
    the results shall be presented to the Agency in a written report.
     
    d) Notwithstanding subsections (a) and (b) above, a groundwater management
    zone as defined in 35 Ill. Adm. Code 740.120 may be established in
    accordance with the requirements of 35 Ill. Adm. Code 740.530 for sites
    undergoing remediation pursuant to the Site Remediation Program. Such a
    groundwater management zone shall remain in effect until the requirements
    set forth at 35 Ill. Adm. Code 740.530(c) are met.
     
    e) While the groundwater management zone established in accordance with 35
    Ill. Adm. Code 740.530 is in effect, the otherwise applicable standards as
    specified in Subpart D of this Part shall not be applicable to the
    “contaminants of concern,” as defined at 35 Ill. Adm. Code 740.120, for
    which groundwater remediation objectives have been approved in
    accordance with the procedures of 35 Ill. Adm. Code 740.
    f) Notwithstanding subsection (c) above, the review requirements concerning
    the on-going adequacy of controls and continued management at the site
    shall not apply to groundwater within a three-dimensional region formerly
    encompassed by a groundwater management zone established in accordance
    with 35 Ill. Adm. Code 740.530 while a No Further Remediation Letter
    issued in accordance with the procedures of 35 Ill. Adm. Code 740 is in
    effect.
    (Source: Amended at 21 Ill. Reg. __________________, effective
    ____________________)
    SUBPART D: GROUNDWATER QUALITY STANDARDS
    Section 620.450 Alternative Groundwater Quality Standards
    a)
    Groundwater Quality Restoration Standards
    1)
    Any chemical constituent in groundwater within a groundwater
    management zone is subject to this Section.
    96
    2)
    Except as provided in subsections (a)(3) or (a)(4) below, the
    standards as specified in Sections 620.410, 620.420, 620.430,
    and 620.440 apply to any chemical constituent in groundwater
    within a groundwater management zone.
    3)
    Prior to completion of a corrective action described in Section
    620.250(a), the standards as specified in Sections 620.410,
    620.420, 620.430, and 620.440 are not applicable to such
    released chemical constituent, provided that the initiated action
    proceeds in a timely and appropriate manner.
    4)
    After completion of a corrective action as described in Section
    620.250(a), the standard for such released chemical constituent
    is:
    A)
    The standard as set forth in Section 620.410, 620.420,
    620.430, or 620.440, if the concentration as determined
    by groundwater monitoring of such constituent is less than
    or equal to the standard for the appropriate class set forth
    in those sections; or
    B)
    The concentration as determined by groundwater
    monitoring, if such concentration exceeds the standard for
    the appropriate class set forth in Section 620.410,
    620.420, 620.430, or 620.440 for such constituent, and:
    i)
    To the extent practicable, the exceedence has been
    minimized and beneficial use, as appropriate for
    the class of groundwater, has been returned; and
    ii)
    Any threat to public health or the environment has
    been minimized.
    5)
    The Agency shall develop and maintain a listing of concentrations
    derived pursuant to subsection (a)(4)(B) above. This list shall be
    made available to the public and be updated periodically, but no
    less frequently than semi-annually. This listing shall be
    published in the Environmental Register.
    b)
    Coal Reclamation Groundwater Quality Standards
    1)
    Any inorganic chemical constituent or pH in groundwater, within
    an underground coal mine, or within the cumulative impact area
    of groundwater for which the hydrologic balance has been
    disturbed from a permitted coal mine area pursuant to the Surface
    97
    Coal Mining Land Conservation and Reclamation Act [225 ILCS
    720] (Ill. Rev. Stat. 1989, ch. 96 1/2, pars. 7901.1 et seq., as
    amended) and 62 Ill. Adm. Code 1700 through 1850, is subject
    to this Section.
    2)
    Prior to completion of reclamation at a coal mine, the standards
    as specified in Sections 620.410(a) and (d), 620.420(a) and (e),
    620.430 and 620.440 are not applicable to inorganic constituents
    and pH.
    3)
    After completion of reclamation at a coal mine, the standards as
    specified in Sections 620.410(a) and (d), 620.420(a), 620.430,
    and 620.440 are applicable to inorganic constituents and pH,
    except:
    A)
    The concentration of total dissolved solids (TDS) must not
    exceed:
    i)
    The post-reclamation concentration or 3000 mg/L,
    whichever is less, for groundwater within the
    permitted area; or
    ii)
    The post-reclamation concentration of TDS must
    not exceed the post-reclamation concentration or
    5000 mg/L, whichever is less, for groundwater in
    underground coal mines and in permitted areas
    reclaimed after surface coal mining if the Illinois
    Department of Mines and Minerals and the Agency
    have determined that no significant resource
    groundwater existed prior to mining (62 Ill. Adm.
    Code 1780.21(f) and (g)); and
    B)
    For chloride, iron, manganese and sulfate, the
    post-reclamation concentration within the permitted area
    must not be exceeded.
    C)
    For pH, the post-reclamation concentration within the
    permitted area must not be exceeded within Class I:
    Potable Resource Groundwater as specified in Section
    620.210(a)(4).
    4)
    A refuse disposal area (not contained within the area from which
    overburden has been removed) is subject to the inorganic
    chemical constituent and pH requirements of:
    98
    A)
    35 Ill. Adm. Code 302.Subparts B and C, except due to
    natural causes, for such area that was placed into
    operation after February 1, 1983, and before the effective
    date of this Part, provided that the groundwater is a
    present or a potential source of water for public or food
    processing;
    B)
    Section 620.440(c) for such area that was placed into
    operation prior to February 1, 1983, and has remained in
    continuous operation since that date; or
    C)
    Subpart D of this Part for such area that is placed into
    operation on or after the effective date of this Part.
    5)
    For a refuse disposal area (not contained within the area from
    which overburden has been removed) that was placed into
    operation prior to February 1, 1983, and is modified after that
    date to include additional area, this Section applies to the area
    that meets the requirements of subsection (b)(4)(C) and the
    following applies to the additional area:
    A)
    35 Ill. Adm. Code 302.Subparts B and C, except due to
    natural causes, for such additional refuse disposal area
    that was placed into operation after February 1, 1983, and
    before the effective date of this Part, provided that the
    groundwater is a present or a potential source of water for
    public or food processing; and
    B)
    Subpart D for such additional area that was placed into
    operation on or after the effective date of this Part.
    6)
    A coal preparation plant (not located in an area from which
    overburden has been removed) which contains slurry material,
    sludge or other precipitated process material, is subject to the
    inorganic chemical constituent and pH requirements of:
    A)
    35 Ill. Adm. Code 302.Subparts B and C, except due to
    natural causes, for such plant that was placed into
    operation after February 1, 1983, and before the effective
    date of this Part, provided that the groundwater is a
    present or a potential source of water for public or food
    processing;
    99
    B)
    Section 620.440(c) for such plant that was placed into
    operation prior to February 1, 1983, and has remained in
    continuous operation since that date; or
    C)
    Subpart D for such plant that is placed into operation on
    or after the effective date of this Part.
    7)
    For a coal preparation plant (not located in an area from which
    overburden has been removed) which contains slurry material,
    sludge or other precipitated process material, that was placed into
    operation prior to February 1, 1983, and is modified after that
    date to include additional area, this Section applies to the area
    that meets the requirements of subsection (b)(6)(C) and the
    following applies to the additional area:
    A) 35 Ill. Adm. Code 302.Subparts B and C, except due to
    natural causes, for such additional area that was placed into
    operation after February 1, 1983, and before the effective
    date of this Part, provided that the groundwater is a present or
    a potential source of water for public or food processing; and
     
    B) Subpart D for such additional area that was placed into
    operation on or after the effective date of this Part.
    c) Groundwater Quality Standards for Certain Groundwater Subject to a No
    Further Remediation Letter under Part 740. While a No Further
    Remediation Letter is in effect for a region formerly encompassed by a
    groundwater management zone established under 35 Ill. Adm. 740.530, the
    groundwater quality standards for “contaminants of concern”, as defined in
    35 Ill. Adm. Code 740.120, within such area shall be the groundwater
    objectives achieved as documented in the approved Remedial Action
    Completion Report.
    (Source: Amended at 21 Ill. Reg. ______________, effective
    ________________________)
    100
    IT IS SO ORDERED.
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, hereby
    certify that the above opinion and order was adopted on the _____ day of
    ____________, 1997, by a vote of ___________.
    ______________________________
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board
    101

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