TITLE 35: ENVIRONMENTAL PROTECTION

PART 732
PETROLEUM UNDERGROUND STORAGE TANKS
(RELEASES REPORTED SEPTEMBER 23, 1994, THROUGH JUNE 23, 2002)
SUBPART A: GENERAL
SUBPART B: EARLY ACTION
SUBPART C: SITE EVALUATION AND CLASSIFICATION
SUBPART D: CORRECTIVE ACTION
SUBPART F: PAYMENT OR REIMBURSEMENT
Subcontract or Field Eligible Handling Charges
Type of Borehole Maximum Total Amount
Well Diameter Maximum Total Amount
Geo-Technical
Metals
Soil preparation for Metals TCLP Soil (one fee per sample)
Other

SUBTITLE G: WASTE DISPOSAL

CHAPTER I: POLLUTION CONTROL BOARD

SUBCHAPTER d: UNDERGROUND INJECTION CONTROL AND

UNDERGROUND STORAGE TANK PROGRAMS

PART 732

PETROLEUM UNDERGROUND STORAGE TANKS

(RELEASES REPORTED SEPTEMBER 23, 1994, THROUGH JUNE 23, 2002)

Election to Proceed under Part 732

Incorporations by Reference

732.105

Agency Authority to Initiate Investigative, Preventive or Corrective

Action

732.106

Laboratory Certification

732.108

Licensed Professional Engineer or Licensed Professional Geologist

Supervision

732.110

Form and Delivery of Plans, Budget Plans, and Reports; Signatures and

Certifications

732.112

Notification of Field Activities

732.114

LUST Advisory Committee

SUBPART B: EARLY ACTION

Agency Authority to Initiate

Application for Payment of Early Action Costs

SUBPART C: SITE EVALUATION AND CLASSIFICATION

Agency Authority to Initiate

732.302

No Further Action Sites

Plan Submittal and Review

732.306

Deferred Site Classification; Priority List for Payment

732.307

Site Evaluation

732.308

Boring Logs and Sealing of Soil Borings and Groundwater Monitoring

Wells

732.309

Site Classification Completion Report

732.310

Indicator Contaminants

732.311

Groundwater Remediation Objectives

732.312

Classification by Exposure Pathway Exclusion

SUBPART D: CORRECTIVE ACTION

Agency Authority to Initiate

732.402

No Further Action Site

Plan Submittal and Review

732.406

Deferred Corrective Action; Priority List for Payment

732.407

Alternative Technologies

732.408

Remediation Objectives

732.409

Groundwater Monitoring and Corrective Action Completion Reports

732.410

“No Further Remediation” Letter (Repealed)

732.411

Off-site Access

SUBPART E: REVIEW OF PLANS, BUDGET PLANS, AND REPORTS

Submittal of Plans or Reports (Repealed)

732.502

Completeness Review (Repealed)

732.503

Review of Plans, Budget Plans, or Reports

732.504

Selection of Plans or Reports for Full Review (Repealed)

732.505

Standards for Review of Plans, Budget Plans, or Reports

SUBPART F: PAYMENT FROM THE FUND

Applications for Payment

732.602

Review of Applications for Payment

732.603

Authorization for Payment; Priority List

732.604

Limitations on Total Payments

732.605

Eligible Corrective Action Costs

732.606

Ineligible Corrective Action Costs

732.607

Payment for Handling Charges

732.608

Apportionment of Costs

732.609

Subrogation of Rights

732.610

Indemnification

732.611

Costs Covered by Insurance, Agreement or Court Order

732.612

Determination and Collection of Excess Payments

732.614

Audits and Access to Records; Records Retention

SUBPART G: NO FURTHER REMEDIATION LETTERS AND RECORDING

Issuance of a No Further Remediation Letter

732.702

Contents of a No Further Remediation Letter

732.703

Duty to Record a No Further Remediation Letter

732.704

Voidance of a No Further Remediation Letter

SUBPART H: MAXIMUM PAYMENT AMOUNTS

UST Removal or Abandonment Costs

732.815

Free Product or Groundwater Removal and Disposal

732.820

Drilling, Well Installation, and Well Abandonment

732.825

Soil Removal and Disposal

732.830

Drum Disposal

732.835

Sample Handling and Analysis

732.840

Concrete, Asphalt, and Paving; Destruction or Dismantling and

Reassembly of Above Grade Structures

732.845

Professional Consulting Services

732.850

Payment on Time and Materials Basis

732.855

Bidding

732.860

Unusual or Extraordinary Circumstances

732.865

Handling Charges

732.870

Increase in Maximum Payment Amounts

732.875

Agency Review of Payment Amounts

732.APPENDIX A

Indicator Contaminants

732.APPENDIX B

Additional Parameters

732.APPENDIX C

Backfill Volumes

732.APPENDIX D

Sample Handling and Analysis

732.APPENDIX E

Personnel Titles and Rates

TABLE A

Groundwater and Soil Remediation Objectives (Repealed)

TABLE B

Soil remediation Methodology: Model Parameter Values (Repealed)

TABLE C

Soil remediation Methodology: Chemical Specific Parameters

(Repealed)

TABLE D

Soil remediation Methodology: Objectives (Repealed)

ILLUSTRATION A Equation for Groundwater Transport (Repealed)

ILLUSTRATION B Equation for Soil-Groundwater Relationship (Repealed)

ILLUSTRATION C Equation for Calculating Groundwater Objectives at the Source

(Repealed)

ILLUSTRATION D Equation for Calculating Soil Objectives at the Source (Repealed)

AUTHORITY: Implementing Sections 22.12 and 57-57.17 and authorized by Section

57.14 of the Environmental Protection Act [415 ILCS 5/22.12, 57-57.17].

SOURCE: Adopted in R94-2 at 18 Ill. Reg. 15008, effective September 23, 1994;

amended in R97-10 at 21 Ill. Reg. 3617, effective July 1, 1997; amended in R01-26 at 26

Ill. Reg. 7119, effective April 29, 2002; amended in R04-22/23 at 30 Ill. Reg. 4928,

effective March 1, 2006; amended in R07-17 at 31 Ill. Reg. 16132, effective November

This Part applies to owners or operators of any underground storage tank

system used to contain petroleum and for which a release was reported to

Illinois Emergency Management Agency (IEMA) on or after September

23, 1994, but prior to June 24, 2002, in accordance with regulations

adopted by the Office of the State Fire Marshal (OSFM). It also applies to

owners or operators that, prior to June 24, 2002, elected to proceed in

accordance with this Part pursuant to Section 732.101 of this Part. This

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

does not require a report to IEMA or for which the OSFM has issued or

intends to issue a certificate of removal or abandonment pursuant to

Section 57.5 of the Act.

Upon the receipt of a corrective action order issued by the OSFM prior to

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

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

environment, the owner or operator of any underground storage tank

system used to contain petroleum and taken out of operation before

January 2, 1974, or any underground storage tank system used exclusively

to store heating oil for consumptive use on the premises where stored and

which serves other than a farm or residential unit shall conduct corrective

action in accordance with this Part.

Owners or operators subject to this Part by law or by election shall

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

regulations and to obtain the No Further Remediation Letter signifying

final disposition of the site for purposes of this Part. The Agency may use

its authority pursuant to the Act and Section 732.105 of this Part to

expedite investigative, preventive or corrective action by an owner or

operator or to initiate such action.

The following underground storage tank systems are excluded from the

requirements of this Part:

Equipment or machinery that contains petroleum substances for

operational purposes such as hydraulic lift tanks and electrical

equipment tanks.

Any underground storage tank system whose capacity is 110

gallons or less.

Any underground storage tank system that contains a de minimis

concentration of petroleum substances.

Any emergency spill or overfill containment underground storage

tank system that is expeditiously emptied after use.

Any wastewater treatment tank system that is part of a wastewater

treatment facility regulated under Section 402 or 307(b) of the

Clean Water Act (33 USC 1251

et seq

.).

Any UST system holding hazardous waste listed or identified

under Subtitle C of the Solid Waste Disposal Act (42 USC 3251

seq

.) or a mixture of such hazardous waste or other regulated

substances.

Owners or operators subject to this Part may, pursuant to 35 Ill. Adm.

Code 734.105, elect to proceed in accordance with 35 Ill. Adm. Code 734

instead of this Part.

(Source: Amended at 30 Ill. Reg. 4928, effective March 1, 2006)

Section 732.101

Election to Proceed under Part 732

Prior to June 24, 2002, owners or operators of any underground storage

tank system used to contain petroleum and for which a release was

reported to the proper State authority on or before September 12, 1993

were able to elect to proceed in accordance with this Part by submitting to

the Agency a written statement of such election signed by the owner or

operator. The election became effective upon receipt by the Agency and

shall not be withdrawn. However, an owner or operator that elected to

proceed in accordance with this Part may, pursuant to 35 Ill. Adm. Code

734.105, elect to proceed in accordance with 35 Ill. Adm. Code 734

instead of this Part.

Prior to June 24, 2002, except as provided in Section 732.100(b) of this

Part, owners or operators of underground storage tanks (USTs) used

exclusively to store heating oil for consumptive use on the premises where

stored and that serve other than a farm or residential unit were able to elect

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

written statement of such election signed by the owner or operator. The

election became effective upon receipt by the Agency and shall not be

withdrawn. However, an owner or operator that elected to proceed in

accordance with this Part may, pursuant to 35 Ill. Adm. Code 734.105,

elect to proceed in accordance with 35 Ill. Adm. Code 734 instead of this

Part.

If the owner or operator elected to proceed pursuant to this Part, corrective

action costs incurred in connection with the release and prior to the

notification of election shall be payable from the Fund in the same manner

as was allowable under the law applicable to the owner or operator prior

to the notification of election. Corrective action costs incurred after the

notification of election shall be payable from the Fund in accordance with

this Part. Corrective action costs incurred on or after the effective date of

an election to proceed in accordance with 35 Ill. Adm. Code 734 shall be

payable from the Fund in accordance with that Part.

(Source: Amended at 30 Ill. Reg. 4928, effective March 1, 2006)

Section 732.102 Severability

If any provision of this Part or its application to any person or under any circumstances

adjudged invalid, such adjudication shall not affect the validity of this Part as a whole or

of any portion not adjudged invalid.

Section 732.103

Definitions

Except as stated in this Section, or unless a different meaning of a word or term is clear

from the context, the definitions of words or terms in this Part shall be the same as that

applied to the same words or terms in the Environmental Protection Act [415 ILCS 5].

“Act” means the Environmental Protection Act [415 ILCS 5].

“Agency” means the Illinois Environmental Protection Agency.

“Alternative Technology” means a process or technique, other than

conventional technology, used to perform a corrective action with respect

to soils contaminated by releases of petroleum from an underground

storage tank.

“Board” means the Illinois Pollution Control Board.

“Bodily Injury” means bodily injury, sickness, or disease sustained by a

person, including death at any time, resulting from a release of petroleum

from an underground storage tank

[415 ILCS 5/57.2].

“Class I Groundwater”

means groundwater that meets the Class I: potable

resource groundwater criteria set forth in the Board regulations adopted

pursuant to the Illinois Groundwater Protection Act

[415 ILCS 5/57.2].

“Class III Groundwater”

means groundwater that meets the Class III:

special resource groundwater criteria set forth in the Board regulations

adopted pursuant to the Illinois Groundwater Protection Act

[415 ILCS

5/57.2].

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

is intended to serve at least 15 service connections used by residents or

regularly serves at least 25 residents

[415 ILCS 5/3.145].

“Confirmed Exceedence” means laboratory verification of an exceedence

of the applicable remediation objectives.

“Confirmation of a Release” means the confirmation of a release of

petroleum in accordance with regulations promulgated by the Office of the

State Fire Marshal at 41 Ill. Adm. Code 170.

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

confirmed in accordance with regulations promulgated by the Office of

the State Fire Marshal at 41 Ill. Adm. Code 170.

“Conventional Technology” means a process or technique to perform a

corrective action by removal, transportation and disposal of soils

contaminated by a release of petroleum from an underground storage tank

in accordance with applicable laws and regulations, but without

processing to remove petroleum from the soils.

“Corrective action” means activities associated with compliance with the

provisions of Sections 57.6 and 57.7

of the Act [415 ILCS 5/57.2].

“County Highway” means county highway as defined in the Illinois

Highway Code [605 ILCS 5].

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

Code [605 ILCS 5].

“Environmental Land Use Control” means Environmental Land Use

Control as defined in 35 Ill. Adm. Code 742.200.

“Federal Landholding Entity” means that federal department, agency or

instrumentality with the authority to occupy and control the day-to-day

use, operation and management of Federally Owned Property.

“Federally Owned Property” means real property owned in fee simple by

the United States on which an institutional control is or institutional

controls are sought to be placed in accordance with this Part.

“Fill Material”

means non-native or disturbed materials used to bed and

backfill around an underground storage tank

[415 ILCS 5/57.2].

“Financial Interest” means any ownership interest, legal or beneficial, or

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

participant in the affairs of a party. Financial interest does not include

ownership of publicly traded stock.

“Free Product” means a contaminant that is present as a non-aqueous

phase liquid for chemicals whose melting point is less than 30°C (e.g.,

liquid not dissolved in water).

“Full Accounting” means a compilation of documentation to establish,

substantiate and justify the nature and extent of the corrective action costs

incurred by an owner or operator.

“Fund”

means the Underground Storage Tank Fund

[415 ILCS 5/57.2].

“GIS” means Geographic Information System.

“GPS” means Global Positioning System.

“Groundwater”

means underground water which occurs within the

saturated zone and geologic materials where the fluid pressure in the pore

space is equal to or greater than atmospheric pressure

[415 ILCS

5/3.210].

“Half-day” means four hours, or a fraction thereof, of billable work time.

Half-days must be based upon the total number of hours worked in one

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

two.

“Handling Charges” means administrative, insurance, and interest costs

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

subcontracts and field purchases.

“Heating Oil”

means petroleum that is No. 1, No. 2, No. 4 -light, No. 4 -

heavy, No. 5 -light, No. 5 -heavy or No. 6 technical grades of fuel oil; and

other residual fuel oils including navy special fuel oil and bunker C.

[415

ILCS 5/57.2]

“Highway Authority” means the Illinois Department of Transportation

with respect to a State highway;

the Illinois State Toll Highway Authority

with respect to a toll highway;

the county board with respect to a county

highway or a county unit district road if a discretionary function is

involved and the county superintendent of highways if a ministerial

function is involved; the highway commissioner with respect to a township

or district road not in a county or unit road district; or the corporate

authorities of a municipality with respect to a municipal street

[605 ILCS

5/2-213].

“Highway Authority Agreement” means an agreement with a highway

authority that meets the requirements of 35 Ill. Adm. Code 742.1020.

“IEMA” means the Illinois Emergency Management Agency.

“Indemnification” means indemnification of an owner or operator for the

amount of judgment entered against the owner or operator in a court of

law, for the amount of any final order or determination made against the

owner or operator by any agency of State government or any subdivision

thereof, or for the amount of any settlement entered into by the owner or

operator, if the judgment, order, determination, or settlement arises out of

bodily injury or property damage suffered as a result of a release of

petroleum from an underground storage tank owned or operated by the

owner or operator

[415 ILCS 5/57.2].

“Indicator Contaminants” means the indicator contaminants set forth in

Section 732.310 of this Part.

“Institutional Control” means a legal mechanism for imposing a restriction

on land use as described in 35 Ill. Adm. Code 742, Subpart J.

“Land Use Control Memorandum of Agreement” means an agreement

entered into between one or more agencies of the United States and the

Illinois Environmental Protection Agency that limits or places

requirements upon the use of Federally Owned Property for the purpose of

protecting human health or the environment, or that is used to perfect a No

Further Remediation Letter that contains land use restrictions.

“Licensed Professional Engineer”

means a person, corporation or

partnership licensed under the laws of the State of Illinois to practice

professional engineering

[415 ILCS 5/57.2].

“Licensed Professional Geologist”

means a person licensed under the

laws of the State of Illinois to practice as a professional geologist

[415

ILCS 5/57.2].

“Man-made Pathway” means constructed routes that may allow for the

transport of mobile petroleum free-liquid or petroleum-based vapors

including, but not limited to, sewers, utility lines, utility vaults, building

foundations, basements, crawl spaces, drainage ditches or previously

excavated and filled areas.

“Monitoring Well” means a water well intended for the purpose of

determining groundwater quality or quantity.

“Natural Pathway” means natural routes for the transport of mobile

petroleum free-liquid or petroleum-based vapors including, but not limited

to, soil, groundwater, sand seams and lenses, and gravel seams and lenses.

“Non-community Water Supply”

means a public water supply that is not a

community water supply

[415 ILCS 5/3.145].

“Occurrence” means an accident, including continuous or repeated

exposure to conditions, that results in a sudden or nonsudden release from

an underground storage tank

[415 ILCS 5/57.2].

“OSFM” means the Office of the State Fire Marshal.

“Operator” means any person in control of, or having responsibility for,

the daily operation of the underground storage tank. (Derived from 42

USC 6991)

BOARD NOTE: A person who voluntarily undertakes action to remove

an underground storage tank system from the ground shall not be deemed

an “operator” merely by the undertaking of such action.

“Owner” means:

In the case of an underground storage tank in use on November 8,

1984, or brought into use after that date, any person who owns an

underground storage tank used for the storage, use or dispensing of

regulated substances;

In the case of any underground storage tank in use before

November 8, 1984, but no longer in use on that date, any person

who owned such underground storage tank immediately before the

discontinuation of its use; (Derived from 42 USC 6991)

Any person who has submitted to the Agency a written election to

proceed under

the underground storage tank program

and has

acquired an ownership interest in a site on which one or more

registered tanks have been removed, but on which corrective

action has not yet resulted in the issuance of a “No Further

Remediation Letter” by the Agency pursuant to

the underground

storage tank program [415 ILCS 5/57.2].

“Perfect” or “Perfected” means recorded or filed for record so as to place

the public on notice, or as otherwise provided in Section 732.703(c) and

(d) of this Part.

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

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

company, joint venture, consortium, commercial entity, corporation

(including a government corporation), partnership, association, state,

municipality, commission, political subdivision of a state, or any interstate

body and shall include the United States Government and each

department, agency, and instrumentality of the United States. (Derived

from 42 USC 6991)

“Petroleum” means petroleum, including crude oil or any fraction thereof

which is liquid at standard conditions of temperature and pressure (60°F

and 14.7 pounds per square inch absolute). (Derived from 42 USC 6991)

“Physical Soil Classification”

means verification

of geological conditions

consistent with regulations for identifying and protecting potable resource

groundwater or verification

that subsurface strata are as generally

mapped in the publication Illinois Geological Survey Circular (1984)

entitled “Potential For Contamination Of Shallow Aquifers In Illinois,”

by Berg, Richard C., et al. Such classification may include review of soil

borings, well logs, physical soil analysis, regional geologic maps, or other

scientific publication.

[415 ILCS 5/57.2]

“Potable”

means generally fit for human consumption in accordance with

accepted water supply principles and practices

[415 ILCS 5/3.340].

"Practical quantitation limit" or “PQL” 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 732.104 of this Part.

For filtered water samples, PQL also means the Method Detection Limit

or Estimated Detection Limit in accordance with the applicable method

revision in: "Methods for the Determination of Metals in Environmental

Samples," EPA Publication No. EPA/600/4-91/010; "Methods for the

Determination of Metals in Environmental Samples, Supplement I," EPA

Publication No. EPA/600/R-94/111; "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

732.104 of this Part.

“Property Damage”

means physical injury to, destruction of, or

contamination of tangible property

owned by a person other than an

owner or operator of the UST from which a release of petroleum has

occurred and which tangible property is located off the site where the

release occurred. Property damage includes

all resulting loss of use of

that property; or loss of use of tangible property that is not physically

injured, destroyed or contaminated, but has been evacuated, withdrawn

from use, or rendered inaccessible because of a release of petroleum from

an underground storage tank

[415 ILCS 5/57.2].

“Public Water Supply”

means all mains, pipes and structures through

which water is obtained and distributed to the public, including wells and

well structures, intakes and cribs, pumping stations, treatment plants,

reservoirs, storage tanks and appurtenances, collectively or severally,

actually used or intended for use for the purpose of furnishing water for

drinking or general domestic use and which serve at least 15 service

connections or which regularly serve at least 25 persons at least 60 days

per year. A public water supply is either a “community water supply” or

a “non-community water supply”

[415 ILCS 5/3.365].

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

OSFM in accordance with Section 4 of the Gasoline Storage Act [430

ILCS 15/4].

“Regulated recharge area” means a compact geographic area, as

determined by the Board, the geology of which renders a potable resource

groundwater particularly susceptible to contamination

[415 ILCS

5/3.390].

“Regulated Substance” means any substance defined in Section 101(14) of

the Comprehensive Environmental Response, Compensation, and Liability

Act of 1980 (42 USC Sec. 9601(14)) (but not including any substance

regulated as a hazardous waste under subtitle C of the Resource

Conservation and Recovery Act (42 USC 6921 et seq.)), and petroleum.

(Derived from 42 USC 6991)

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

leaching, or disposing of petroleum from an underground storage tank

into groundwater, surface water or subsurface soils

[415 ILCS 5/57.2].

“Residential Tank” means an underground storage tank located on

property used primarily for dwelling purposes.

“Residential Unit” means a structure used primarily for dwelling purposes

including multi-unit dwellings such as apartment buildings,

condominiums, cooperatives or dormitories.

“Right-of-way” means

the land, or interest therein, acquired for or

devoted to a highway

[605 ILCS 5/2-217].

“Setback Zone”

means a geographic area, designated pursuant to the Act

or regulations

(see 35 Ill. Adm. Code, Subtitle F)

, containing a potable

water supply well or a potential source or potential route, having a

continuous boundary, and within which certain prohibitions or

regulations are applicable in order to protect groundwater

[415 ILCS

5/3.450]

“Site”

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

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

[415

ILCS 5/57.2].

“State Highway” means a State highway as defined in the Illinois

Highway Code [605 ILCS 5].

“Stratigraphic Unit” means a site-specific geologic unit of native

deposited material and/or bedrock of varying thickness (e.g., sand, gravel,

silt, clay, bedrock, etc.). A change in stratigraphic unit is recognized by a

clearly distinct contrast in geologic material or a change in physical

features within a zone of gradation. For the purposes of this Part, a

change in stratigraphic unit is identified by one or a combination of

differences in physical features such as texture, cementation, fabric,

composition, density, and/or permeability of the native material and/or

bedrock.

“Street” means a street as defined in the Illinois Highway Code [605 ILCS

5].

“Surface Body of Water” or “Surface Water Body” means a natural or

man-made body of water on the ground surface including, but not limited

to, lakes, ponds, reservoirs, retention ponds, rivers, streams, creeks and

drainage ditches. Surface body of water does not include puddles or other

accumulations of precipitation, run-off or groundwater in UST

excavations.

“Tank Field” means all underground storage tanks at a site that reside

within a circle with a 100 foot radius.

“Toll Highway” means a toll highway as defined in the Toll Highway Act

[605 ILCS 10].

“Township Road” means a township road as defined in the Illinois

Highway Code [605 ILCS 5].

“Underground Storage Tank” or “UST” means any one or combination of

tanks (including underground pipes connected thereto) which is used to

contain an accumulation of regulated substances, and the volume of which

(including the volume of underground pipes connected thereto) is 10

percent or more beneath the surface of the ground. Such term does not

include any of the following or any pipes connected thereto:

Farm or residential tank of 1,100 gallons or less capacity used for

storing motor fuel for noncommercial purposes;

Septic tank;

Pipeline facility (including gathering lines) regulated under the

Natural Gas Pipeline Safety Act of 1968 (49 USC App. 1671 et

seq.), or the Hazardous Liquid Pipeline Safety Act of 1979 (49

USC App. 2001 et seq.), or which is an intrastate pipeline facility

regulated under State laws as provided in either of these provisions

of law, and that is determined by the Secretary of Energy to be

connected to a pipeline or to be operated or intended to be capable

of operating at pipeline pressure or as an integral part of a pipeline;

Surface impoundment, pit, pond, or lagoon;

Storm water or waste water collection system;

Flow-through process tank;

Liquid trap or associated gathering lines directly related to oil or

gas production and gathering operations; or

Storage tank situated in an underground area (such as a basement,

cellar, mineworking, drift, shaft, or tunnel) if the storage tank is

situated on or above the surface of the floor. (Derived from 42

USC 6991)

The term “underground storage tank” shall also mean an underground

storage tank used exclusively to store heating oil for consumptive use on

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

residential unit

[415 ILCS 5/57.2].

“UST System” or “Tank System” means an underground storage tank,

connected underground piping, underground ancillary equipment, and

containment system, if any.

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

community water supply well as determined under the Agency’s wellhead

protection program pursuant to 42 USC 300h-7.

(Source: Amended at 31 Ill. Reg. 16132, effective November 21, 2007)

Section 732.104

Incorporations by Reference

The Board incorporates the following material by reference:

ASTM. American Society for Testing and Materials, 100 Barr Harbor

Drive, P.O. Box C700, West Conshohocken, PA, 19428-2959 (610) 832-

9585

ASTM D 422-63, Standard Test Method for Particle-Size Analysis

of Soils, approved November 21, 1963 (reapproved 1990).

ASTM D 1140-92, Standard Test Method for Amount of Material

in Soils Finer than the No. 200 (75 μm) Sieve, approved November

15, 1992.

ASTM D 2216-92, Standard Test Method for Laboratory

Determination of Water (Moisture) Content of Soil and Rock,

approved June 15, 1992.

ASTM D 4643-93, Standard Test Method for Determination of

Water (Moisture) Content of Soil by the Microwave Oven Method,

approved July 15, 1993.

ASTM D 2487-93, Standard Test Method for Classification of

Soils for Engineering Purposes, approved September 15, 1993.

ASTM D 2488-93, Standard Practice for Description and

Identification of Soils (Visual-Manual Procedure), approved

September 15, 1993.

ASTM D 5084-90, Standard Test Method for Measurement of

Hydraulic Conductivity of Saturated Porous Materials Using a

Flexible Wall Permeameter, approved June 22, 1990.

ASTM D 4525-90, Standard Test Method for Permeability of

Rocks by Flowing Air, approved May 25, 1990.

ASTM D 1587-83, Standard Practice for Thin-Walled Tube

Sampling of Soils, approved August 17, 1983.

ISGS. Illinois State Geological Survey, 615 E. Peabody Drive,

Champaign, IL 61820-6964 (217) 333-4747

Richard C. Berg, John P. Kempton, Keros Cartwright, “Potential

for Contamination of Shallow Aquifers in Illinois” (1984), Circular

No. 532.

NTIS. National Technical Information Service, 5285 Port Royal Road,

Springfield, VA 22161 (703) 605-6000 or (800) 553-6847

"Methods for the Determination of Metals in Environmental

Samples," EPA Publication No. EPA/600/4-91/010 (June 1991);

“Methods for the Determination of Metals in Environmental

Samples, Supplement I,” EPA Publication No. EPA/600/R-94/111

(May 1994);

"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);

“Test Methods for Evaluating Solid Wastes, Physical/Chemical

Methods,” EPA Publication No. SW-846, Third Edition

(September1986), as amended by Updates I, IIA, III, and IIIA

(Final Update IIIA dated April 1998), Doc. No. 955-001-00000-1.

This Section incorporates no later editions or amendments.

(Source: Amended at

30 Ill. Reg. 4928, effective March 1, 2006)

Section 732.105 Agency Authority to Initiate Investigative, Preventive or Corrective

Action

The Agency has the authority to do either of the following:

Provide notice to the owner or operator, or both, of an

underground storage tank whenever there is a release or

substantial threat of a release of petroleum from such tank. Such

notice shall include the identified investigation or response action

and an opportunity for the owner or operator, or both, to perform

the response action.

Undertake investigative, preventive or corrective action whenever

there is a release or a substantial threat of a release of petroleum

from an underground storage tank. (Section 57.12© of the Act)

If notice has been provided under this Section, the Agency has the

authority to require the owner or operator, or both, of an underground

storage tank to undertake preventive or corrective action whenever there

is a release or substantial threat of a release of petroleum from such tank.

(Section 57.12(d) of the Act)

Section 732.106

Laboratory Certification

All quantitative analyses of samples collected on or after January 1, 2003, and utilizing

any of the approved test methods identified in 35 Ill. Adm. Code 186.180 shall be

completed by an accredited laboratory in accordance with the requirements of 35 Ill.

Adm. Code 186. A certification from the accredited laboratory stating that the samples

were analyzed in accordance with the requirements of this Section shall be included with

the sample results when they are submitted to the Agency. Quantitative analyses not

utilizing an accredited laboratory in accordance with Part 186 shall be deemed invalid.

(Source: Amended at

30 Ill. Reg. 4928, effective March 1, 2006)

Section 732.108

Licensed Professional Engineer or Licensed Professional Geologist

Supervision

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

excluding Corrective Action Completion Reports submitted pursuant to Section

732.300(b) or 732.409 of this Part, must be conducted or prepared under the supervision

of a Licensed Professional Engineer or Licensed Professional Geologist. High Priority

Corrective Action Completion Reports submitted pursuant to Section 732.300(b) or

732.409 of this Part must be prepared under the supervision of a Licensed Professional

Engineer.

(Source: Added at 30 Ill. Reg. 4928, effective March 1, 2006)

Section 732.110

Form and Delivery of Plans, Budget Plans, and Reports; Signatures

and Certifications

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

forms prescribed and provided by the Agency and, if specified by the

Agency in writing, in an electronic format. At a minimum, all site maps

submitted to the Agency must meet the following requirements:

The maps must be of sufficient detail and accuracy to show

required information;

The maps must contain the map scale, an arrow indicating north

orientation, and the date the map was created; and

The maps must show the following:

The property boundary lines of the site, properties adjacent

to the site, and other properties that are, or may be,

adversely affected by the release;

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

other properties that are, or may be, adversely affected by

the release;

The locations of all current and former USTs at the site,

and the contents of each UST; and

All structures, other improvements, and other features at

the site, properties adjacent to the site, and other properties

that are, or may be, adversely affected by the release,

including but not limited to buildings, pump islands,

canopies, roadways and other paved areas, utilities,

easements, rights-of-way, and actual or potential natural or

man-made pathways.

All plans, budget plans, and reports must be mailed or delivered to the

address designated by the Agency. The Agency’s record of the date of

receipt must be deemed conclusive unless a contrary date is proven by a

dated, signed receipt executed by Agency personnel acknowledging

receipt of documents by hand delivery or messenger or from certified or

registered mail.

All plans, budget plans, and reports must be signed by the owner or

operator and list the owner’s or operator’s full name, address, and

telephone number.

All plans, budget plans, and reports submitted pursuant to this Part,

excluding Corrective Action Completion Reports submitted pursuant to

Section 732.300(b) or 732.409 of this Part, must contain the following

certification from a Licensed Professional Engineer or Licensed

Professional Geologist. Corrective Action Completion Reports submitted

pursuant to Section 732.300(b) or 732.409 of this Part must contain the

following certification from a Licensed Professional Engineer.

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

of this plan, budget plan, or report were conducted under my

supervision or were conducted under the supervision of another

Licensed Professional Engineer or Licensed Professional Geologist

and reviewed by me; that this plan, budget plan, or report and all

attachments were prepared under my supervision; that, to the best

of my knowledge and belief, the work described in the plan,

budget plan, or report has been completed in accordance with the

Environmental Protection Act [415 ILCS 5], 35 Ill. Adm. Code

732, and generally accepted standards and practices of my

profession; and that the information presented is accurate and

complete. I am aware there are significant penalties for submitting

false statements or representations to the Agency, including but not

limited to fines, imprisonment, or both as provided in Sections 44

and 57.17 of the Environmental Protection Act [415 ILCS 5/44 and

57.17].

Except in the case of sites subject to Section 732.703(c) or (d) of this Part,

reports documenting the completion of corrective action at a site must

contain a form addressing site ownership. At a minimum, the form must

identify the land use limitations proposed for the site, if land use

limitations are proposed; the site’s common address, legal description, and

real estate tax/parcel index number; and the names and addresses of all

title holders of record of the site or any portion of the site. The form must

also contain the following certification, by original signature, of all title

holders of record of the site or any portion of the site, or the agent(s) of

such person(s):

I hereby affirm that I have reviewed the attached report entitled

and dated

, and that I accept the terms and

conditions set forth therein, including any land use limitations, that

apply to property I own. I further affirm that I have no objection to

the recording of a No Further Remediation Letter containing the

terms and conditions identified in the report upon the property I

own.

(Source: Added at 30 Ill. Reg. 4928, effective March 1, 2006)

Section 732.112

Notification of Field Activities

The Agency may require owners and operators to notify the Agency of field activities

prior to the date the field activities take place. The notice must include information

prescribed by the Agency, and may include, but is not limited to, a description of the

field activities to be conducted, the person conducting the activities, and the date, time,

and place the activities will be conducted. The Agency may, but is not required to, allow

notification by telephone, facsimile, or electronic mail. This Section does not apply to

activities conducted within 45 days plus 14 days after initial notification to IEMA of a

release, or to free product removal activities conducted within 45 days plus 14 days after

the confirmation of the presence of free product.

(Source: Added at 30 Ill. Reg. 4928, effective March 1, 2006)

Section 732.114

LUST Advisory Committee

Once each calendar quarter the Agency must meet with a LUST Advisory Committee to

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

of the Committee raise one or more issues for discussion. The LUST Advisory

Committee must consist of the following individuals: one member designated by the

Illinois Petroleum Marketers Association, one member designated by the Illinois

Petroleum Council, one member designated by the American Consulting Engineers

Council of Illinois, one member designated by the Illinois Society of Professional

Engineers, one member designated by the Illinois Chapter of the American Institute of

Professional Geologists, two members designated by the Professionals of Illinois for the

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

Environmental Laboratories, one member designated by the Illinois Environmental

Regulatory Group, one member designated by the Office of the State Fire Marshal, and

one member designated by the Illinois Department of Transportation. Members of the

LUST Advisory Committee must serve without compensation.

(Source: Added at 30 Ill. Reg. 4928, effective March 1, 2006)

SUBPART B: EARLY ACTION

Section 732.200

General

Owners and operators of underground storage tanks shall, in response to all

confirmed releases

of petroleum,

comply with all applicable statutory and

regulatory reporting and response requirements

. [415 ILCS 5/57.6] No work plan or

corresponding budget plan shall be required for conducting early action activities,

excluding free product removal activities conducted more than 45 days after confirmation

of the presence of free product.

(Source: Amended at 30 Ill. Reg. 4928, effective March 1, 2006)

Section 732.201 Agency Authority to Initiate

Pursuant to Sections 732.100 or 732.105 of this Part, the Agency shall have the authority

to require or initiate early action activities in accordance with the remainder

Upon confirmation of a release of petroleum from a UST system in

accordance with regulations promulgated by the OSFM, the owner or

operator, or both, shall perform the following initial response actions

within 24 hours after the release:

Report the release to IEMA (e.g., by telephone or electronic mail);

Take immediate action to prevent any further release of the

regulated substance to the environment; and

Identify and mitigate fire, explosion and vapor hazards.

Within 20 days after initial notification to IEMA of a release plus 14 days,

the owner or operator shall perform the following initial abatement

measures:

Remove as much of the petroleum from the UST system as is

necessary to prevent further release into the environment;

Visually inspect any aboveground releases or exposed below

ground releases and prevent further migration of the released

substance into surrounding soils and groundwater;

Continue to monitor and mitigate any additional fire and safety

hazards posed by vapors or free product that have migrated from

the UST excavation zone and entered into subsurface structures

(such as sewers or basements);

Remedy hazards posed by contaminated soils that are excavated or

exposed as a result of release confirmation, site investigation,

abatement or corrective action activities. If these remedies include

treatment or disposal of soils, the owner or operator shall comply

with 35 Ill. Adm. Code 722, 724, 725, and 807 through 815;

Measure for the presence of a release where contamination is most

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

of the release have been confirmed in accordance with regulations

promulgated by the OSFM. In selecting sample types, sample

locations, and measurement methods, the owner or operator shall

consider the nature of the stored substance, the type of backfill,

depth to groundwater and other factors as appropriate for

identifying the presence and source of the release; and

Investigate to determine the possible presence of free product, and

begin free product removal as soon as practicable and in

accordance with Section 732.203.

Within 20 days after initial notification to IEMA of a release plus 14 days,

the owner or operator shall submit a report to the Agency summarizing the

initial abatement steps taken under subsection (b) of this Section and any

resulting information or data.

Within 45 days after initial notification to IEMA of a release plus 14 days,

the owner or operator shall assemble information about the site and the

nature of the release, including information gained while confirming the

release or completing the initial abatement measures in subsections (a) and

(b) of this Section. This information shall include, but is not limited to,

the following:

Data on the nature and estimated quantity of release;

Data from available sources or site investigations concerning the

following factors: surrounding populations, water quality, use and

approximate locations of wells potentially affected by the release,

subsurface soil conditions, locations of subsurface sewers,

climatological conditions and land use;

Results of the site check required at subsection (b)(5) of this

Section; and

Results of the free product investigations required at subsection

(b)(6) of this Section, to be used by owners or operators to

determine whether free product must be recovered under Section

732.203 of this Part.

Within 45 days after initial notification to IEMA of a release plus 14 days,

the owner or operator shall submit to the Agency the information collected

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

demonstrates its applicability and technical adequacy. The information

shall be submitted on forms prescribed and provided by the Agency and, if

specified by the Agency by written notice, in an electronic format.

Notwithstanding any other corrective action taken, an owner or operator

may, at a minimum, and prior to submission of any plans to the Agency,

remove the tank system, or abandon the underground storage tank in

place, in accordance with the regulations promulgated by the Office of the

State Fire Marshal

(see 41 Ill. Adm. Code 160, 170, 180, 200).

The

owner may remove visibly contaminated fill material and any

groundwater in the excavation which exhibits a sheen

For purposes of

payment for early action costs, however, fill material shall not be removed

in an amount in excess of 4 feet from the outside dimensions of the tank.

Early action may also include disposal in accordance with applicable

regulations or ex situ treatment of contaminated fill material removed

from within 4 feet from the outside dimensions of the tank. [415 ILCS

5/57.6(b)].

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

subsection (f) of this Section shall be performed within 45 days after

initial notification to IEMA of a release plus 14 days, unless special

circumstances, approved by the Agency in writing, warrant continuing

such activities beyond 45 days plus 14 days. The owner or operator shall

notify the Agency in writing of such circumstances within 45 days after

initial notification to IEMA of a release plus 14 days. Costs incurred

beyond 45 days plus 14 days shall be eligible if the Agency determines

that they are consistent with early action.

BOARD NOTE: Owners or operators seeking payment from the Fund are

to first notify IEMA of a suspected release and then confirm the release

within 14 days to IEMA pursuant to regulations promulgated by the

OSFM. See 41 Ill. Adm. Code 170.560 and 170.580. The Board is setting

the beginning of the payment period at subsection (g) to correspond to the

notification and confirmation to IEMA.

The owner or operator shall determine whether the areas or locations of

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

excavation boundaries, piping runs) or surrounding USTs that remain in

place meet the most stringent Tier 1 remediation objectives of 35 Ill. Adm.

Code 742 for the applicable indicator contaminants.

At a minimum, for each UST that is removed, the owner or

operator shall collect and analyze soil samples as follows. The

Agency must allow an alternate location for, or excuse the

collection of, one or more samples if sample collection in the

following locations is made impracticable by site-specific

circumstances.

One sample must be collected from each UST excavation

wall. The samples must be collected from locations

representative of soil that is the most contaminated as a

result of the release. If an area of contamination cannot be

identified on a wall, the sample must be collected from the

center of the wall length at a point located one-third of the

distance from the excavation floor to the ground surface.

For walls that exceed 20 feet in length, one sample must be

collected for each 20 feet of wall length, or fraction thereof,

and the samples must be evenly spaced along the length of

the wall. For USTs abandoned in place, the samples must

be collected via borings drilled as close as practicable to

the UST backfill.

Two samples must be collected from the excavation floor

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

One sample must be collected from the excavation floor

below each UST with a volume of less than 1,000 gallons.

The samples must be collected from locations

representative of soil that is the most contaminated as a

result of the release. If areas of contamination cannot be

identified, the samples must be collected from below each

end of the UST if its volume is 1,000 gallons or more, and

from below the center of the UST if its volume is less than

1,000 gallons.

One sample must be collected from the floor of each 20

feet of UST piping run excavation, or fraction thereof. The

samples must be collected from a location representative of

soil that is the most contaminated as a result of the release.

If an area of contamination cannot be identified within a

length of piping run excavation being sampled, the sample

must be collected from the center of the length being

sampled. For UST piping abandoned in place, the samples

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

of this Section.

If backfill is returned to the excavation, one representative

sample of the backfill must be collected for each 100 cubic

yards of backfill returned to the excavation.

The samples must be analyzed for the applicable indicator

contaminants. In the case of a used oil UST, the sample

that appears to be the most contaminated as a result of a

release from the used oil UST must be analyzed in

accordance with Section 732.310(g) of this Part to

determine the indicator contaminants for used oil. The

remaining samples collected pursuant to subsections

(h)(1)(A) through (D) of this Section must then be analyzed

for the applicable used oil indicator contaminants.

At a minimum, for each UST that remains in place, the owner or

operator must collect and analyze soil samples as described in

subsections (h)(2)(A through (D). The Agency must allow an

alternate location for, or excuse the drilling of, one or more

borings if drilling in the following locations is made impracticable

by site-specific circumstances.

One boring must be drilled at the center point along each

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

multiple USTs, remaining in place. If a side exceeds 20

feet in length, one boring must be drilled for each 20 feet of

side length, or fraction thereof, and the borings must be

evenly spaced along the side. The borings must be drilled

in the native soil surrounding the UST(s) and as close

practicable to, but not more than five feet from, the backfill

material surrounding the UST(s). Each boring must be

drilled to a depth of 30 feet below grade, or until

groundwater or bedrock is encountered, whichever is less.

Borings may be drilled below the groundwater table if site

specific conditions warrant, but no more than 30 feet below

grade.

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

drilled for every 20 feet of UST piping, or fraction thereof,

that remains in place. The borings must be drilled as close

as practicable to, but not more than five feet from, the

locations of suspected piping releases. If no release is

suspected within a length of UST piping being sampled, the

borings must be drilled in the center of the length being

sampled. Each boring must be drilled to a depth of 15 feet

below grade, or until groundwater or bedrock is

encountered, whichever is less. Borings may be drilled

below the groundwater table if site specific conditions

warrant, but no more than 15 feet below grade. For UST

piping that is removed, samples must be collected from the

floor of the piping run in accordance with subsection

(h)(1)(C) of this Section.

If auger refusal occurs during the drilling of a boring

required under subsection (h)(2)(A) or (B) of this Section,

the boring must be drilled in an alternate location that will

allow the boring to be drilled to the required depth. The

alternate location must not be more than five feet from the

boring’s original location. If auger refusal occurs during

drilling of the boring in the alternate location, drilling of

the boring must cease and the soil samples collected from

the location in which the boring was drilled to the greatest

depth must be analyzed for the applicable indicator

contaminants.

One soil sample must be collected from each five-foot

interval of each boring required under subsections

(h)(2)(A) through (C) of this Section. Each sample must be

collected from the location within the five-foot interval that

is the most contaminated as a result of the release. If an

area of contamination cannot be identified within a five-

foot interval, the sample must be collected from the center

of the five-foot interval, provided, however, that soil

samples must not be collected from soil below the

groundwater table. All samples must be analyzed for the

applicable indicator contaminants.

If the most stringent Tier 1 remediation objectives of 35 Ill. Adm.

Code 742 for the applicable indicator contaminants have been met,

and if none of the criteria set forth in subsections (h)(4)(A) through

activities the owner or operator shall submit a report demonstrating

compliance with those remediation objectives. The report must

include, but is not limited to, the following:

A characterization of the site that demonstrates compliance

with the most stringent Tier 1 remediation objectives of 35

Ill. Adm. Code 742 for the applicable indicator

contaminants;

Supporting documentation, including, but not limited to,

the following:

A site map meeting the requirements of Section

732.110(a)(1) of this Part that shows the locations

of all samples collected pursuant to this subsection

(h);

ii)

Analytical results, chain of custody forms, and

laboratory certifications for all samples collected

pursuant to this subsection (h); and

iii)

A table comparing the analytical results of all

samples collected pursuant to this subsection (h) to

the most stringent Tier 1 remediation objectives of

35 Ill. Adm. Code 742 for the applicable indicator

contaminants; and

A site map containing only the information required under

Section 732.110(a)(1) of this Part.

If the most stringent Tier 1 remediation objectives of 35 Ill. Adm.

Code 742 for the applicable indicator contaminants have not been

met, or if one or more of the following criteria are met, the owner

or operator shall continue evaluation in accordance with Subpart C

of this Part.

There is evidence that groundwater wells have been

impacted by the release above the most stringent Tier 1

remediation objectives of 35 Ill. Adm. Code 742 for the

applicable indicator contaminants (e.g., as found during

release confirmation or previous corrective action

measures);

Free product that may impact groundwater is found to need

recovery in compliance with Section 732.203 of this Part;

There is evidence that contaminated soils may be or may

have been in contact with groundwater, unless:

The owner or operator pumps the excavation or

tank cavity dry, properly disposes of all

contaminated water, and demonstrates to the

Agency that no recharge is evident during the 24

hours following pumping; and

ii)

The Agency determines that further groundwater

investigation is not necessary.

(Source: Amended at

30 Ill. Reg. 4928, effective March 1, 2006)

Section 732.203

Free Product Removal

Under any circumstance in which conditions at a site indicate the presence

of free product, owners or operators shall remove, to the maximum extent

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

measured in a groundwater monitoring well, or present as a sheen on

groundwater in the tank removal excavation or on surface water, while

initiating or continuing any actions required pursuant to this Part or other

applicable laws or regulations. In meeting the requirements of this

Section, owners or operators shall:

Conduct free product removal in a manner that minimizes the

spread of contamination into previously uncontaminated zones by

using recovery and disposal techniques appropriate to the

hydrogeologic conditions at the site and that properly treats,

discharges or disposes of recovery byproducts in compliance with

applicable local, State and federal regulations;

Use abatement of free product migration as a minimum objective

for the design of the free product removal system;

Handle any flammable products in a safe and competent manner to

prevent fires or explosions;

Within 45 days after the confirmation of presence of free product

from a UST, prepare and submit to the Agency a free product

removal report. The report shall, at a minimum, provide the

following:

The name of the persons responsible for implementing the

free product removal measures;

The estimated quantity, type and thickness of free product

observed or measured in wells, boreholes and excavations;

The type of free product recovery system used;

Whether any discharge will take place on-site or off-site

during the recovery operation and where this discharge will

be located;

The type of treatment applied to, and the effluent quality

expected from, any discharge;

The steps that have been or are being taken to obtain

necessary permits for any discharge;

The disposition of the recovered free product;

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

product; and

A schedule of future activities necessary to complete the

recovery of free product still exceeding one-eighth of an

inch in depth as measured in a groundwater monitoring

well, or still present as a sheen on groundwater in the tank

removal excavation or on surface water. The schedule

must include, but not be limited to, the submission of plans

and budgets required pursuant to subsections (c) and (d) of

this Section; and

If free product removal activities are conducted more than 45 days

after the confirmation of the presence of free product, submit free

product removal reports in accordance with a schedule established

by the Agency.

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

required to obtain Agency approval for free product removal activities

conducted within 45 days after the confirmation of the presence of free

product.

If free product removal activities will be conducted more than 45 days

after the confirmation of the presence of free product, the owner or

operator must submit to the Agency for review a free product removal

plan. The plan must be submitted with the free product removal report

required under subsection (a)(4) of this Section. Free product removal

activities conducted more than 45 days after the confirmation of the

presence of free product must not be considered early action activities.

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

prior to conducting free product removal activities more than 45 days after

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

free product removal budget plan with the corresponding free product

removal plan. The budget plan must include, but not be limited to, an

estimate of all costs associated with the development, implementation, and

completion of the free product removal plan, excluding handling charges.

The budget plan should be consistent with the eligible and ineligible costs

listed in Sections 732.605 and 732.606 of this Part and the maximum

payment amounts set forth in Subpart H of this Part. As part of the budget

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

proposed method of free product removal and other methods of free

product removal.

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

otherwise directed by the Agency, the owner or operator must proceed

with free product removal in accordance with the plan.

Notwithstanding any requirement under this Part for the submission of a

free product removal plan or free product removal budget plan, an owner

or operator may proceed with free product removal in accordance with this

Section prior to the submittal or approval of an otherwise required free

product removal plan or budget plan. However, any such removal plan

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

rejection, or modification in accordance with the procedures contained in

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

issuance of a No Further Remediation Letter.

BOARD NOTE: Owners or operators proceeding under subsection (f) of

this Section are advised that they may not be entitled to full payment from

the Fund. Furthermore, applications for payment must be submitted no

later than one year after the date the Agency issues a No Further

Remediation Letter. See Subpart F of this Part.

If, following approval of any free product removal plan or associated

budget plan, an owner or operator determines that a revised removal plan

or budget plan is necessary in order to complete free product removal, the

owner or operator must submit, as applicable, an amended free product

removal plan or associated budget plan to the Agency for review. The

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

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

Part.

BOARD NOTE: Owners and operators are advised that the total payment from the

Fund for all free product removal plans and associated budget plans submitted by an

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

(Source: Amended at

30 Ill. Reg. 4928, effective March 1, 2006)

Section 732.204

Application for Payment of Early Action Costs

Owners or operators intending to seek payment for early action activities, excluding free

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

presence of free product, are not required to submit a corresponding budget plan. The

application for payment may be submitted to the Agency upon completion of the early

action activities in accordance with the requirements at Subpart F of this Part, excluding

free product removal activities conducted more than 45 days after confirmation of the

presence of free product. Applications for payment of free product removal activities

conducted more than 45 days after confirmation of the presence of free product may be

submitted upon completion of the free product removal activities.

(Source: Amended at

30 Ill. Reg. 4928, effective March 1, 2006)

SUBPART C: SITE EVALUATION AND CLASSIFICATION

Section 732.300

General

Except as provided in subsection (b) of this Section, or unless the owner

or operator submits a report pursuant to Section 732.202(h)(3) of this Part

demonstrating that the most stringent Tier 1 remediation objectives of 35

Ill. Adm. Code 742 for the applicable indicator contaminants have been

met, the owner or operator of any site subject to this Part shall evaluate

and classify the site in accordance with the requirements of this Subpart C.

All such sites shall be classified as No Further Action, Low Priority or

High Priority. Site classifications shall be based on the results of the site

evaluation, including, but not limited to, the physical soil classification

and the groundwater investigation, if applicable.

An owner or operator may choose to conduct remediation sufficient to

satisfy the remediation objectives in Section 732.408 of this Part as an

alternative to conducting site classification activities pursuant to this

Subpart C provided that:

Upon completion of the remediation the owner or operator shall

submit a corrective action completion report demonstrating

compliance with the required levels. The corrective action

completion report must include, but not be limited to, a narrative

and timetable describing the implementation and completion of all

elements of the remediation and the procedures used for the

collection and analysis of samples, soil boring logs, actual

analytical results, laboratory certification, site maps, well logs, and

any other information or documentation relied upon by the

Licensed Professional Engineer in reaching the conclusion that the

requirements of the Act and regulations have been satisfied and

that no further remediation is required at the site.

Documentation of the water supply well survey conducted

pursuant to subsection (b)(3) of this Section must include,

but is not limited to, the following:

One or more maps, to an appropriate scale, showing

the following: The location of the community

water supply wells and other potable water supply

wells identified pursuant to subsection (b)(3) of this

Section, and the setback zone for each well; the

location and extent of regulated recharge areas and

wellhead protection areas identified pursuant to

subsection (b)(3) of this Section; the current extent

of groundwater contamination exceeding the Tier 1

groundwater ingestion exposure route remediation

objectives of 35 Ill. Adm. Code 742 for the

applicable indicator contaminants; and the modeled

extent of groundwater contamination exceeding the

Tier 1 groundwater ingestion exposure route

remediation objectives of 35 Ill. Adm. Code 742 for

the applicable indicator contaminants.

ii)

One or more tables listing the setback zones for

each community water supply well and other

potable water supply wells identified pursuant to

subsection (b)(3) of this Section;

iii)

A narrative that, at a minimum, identifies each

entity contacted to identify potable water supply

wells pursuant to subsection (b)(3) of this Section,

the name and title of each person contacted at each

entity, and field observations associated with the

identification of potable water supply wells; and

iv)

A certification from a Licensed Professional

Engineer or Licensed Professional Geologist that

the water supply well survey was conducted in

accordance with the requirements of subsection

(b)(3) of this Section and that the documentation

submitted pursuant to subsection (b)(1)(A) of this

Section includes the information obtained as a result

of the survey.

The corrective action completion report must be

accompanied by a certification from a Licensed

Professional Engineer stating that the information

presented in the applicable report is accurate and complete,

that corrective action has been completed in accordance

with the requirements of the Act and subsection (b) of this

Section, and that no further remediation is required at the

site.

Unless an evaluation pursuant to 35 Ill. Adm. Code 742

demonstrates that no groundwater investigation is necessary, the

owner or operator must complete a groundwater investigation

under the following circumstances:

If there is evidence that groundwater wells have been

impacted by the release above the most stringent Tier 1

remediation objectives of 35 Ill. Adm. Code 742 for the

applicable indicator contaminants (e.g., as found during

release confirmation or previous corrective action

measures);

If free product that may impact groundwater is found to

need recovery in compliance with Section 732.203 of this

Part; or

If there is evidence that contaminated soils may be or may

have been in contact with groundwater, except that, if the

owner or operator pumps the excavation or tank cavity dry,

properly disposes of all contaminated water, and

demonstrates to the Agency that no recharge is evident

during the 24 hours following pumping, the owner or

operator does not have to complete a groundwater

investigation, unless the Agency’s review reveals that

further groundwater investigation is necessary.

As part of the remediation conducted under subsection (b) of this

Section, owners and operators must conduct a water supply well

survey in accordance with this subsection (b)(3).

At a minimum, the owner or operator must identify all

potable water supply wells located at the site or within 200

feet of the site, all community water supply wells located at

the site or within 2,500 feet of the site, and all regulated

recharge areas and wellhead protection areas in which the

site is located. Actions taken to identify the wells must

include, but is not limited to, the following:

Contacting the Agency’s Division of Public Water

Supplies to identify community water supply wells,

regulated recharge areas, and wellhead protection

areas;

ii)

Using current information from the Illinois State

Geological Survey, the Illinois State Water Survey,

and the Illinois Department of Public Health (or the

county or local health department delegated by the

Illinois Department of Public Health to permit

potable water supply wells) to identify potable

water supply wells other than community water

supply wells; and

iii)

Contacting the local public water supply entities to

identify properties that receive potable water from a

public water supply.

In addition to the potable water supply wells identified

pursuant to subsection (b)(3)(A) of this Section, the owner

or operator must extend the water supply well survey if soil

or groundwater contamination exceeding the Tier 1

groundwater ingestion exposure route remediation

objectives of 35 Ill. Adm. Code 742 for the applicable

indicator contaminants extends beyond the site’s property

boundary, or, as part of remediation, the owner or operator

leaves in place soil or groundwater contamination

exceeding the Tier 1 groundwater ingestion exposure route

remediation objectives of 35 Ill. Adm. Code 742 for the

applicable indicator contaminants and contamination

exceeding such objectives is modeled to migrate beyond

the site’s property boundary. At a minimum, the extended

water supply well survey must identify the following:

All potable water supply wells located within 200

feet, and all community water supply wells located

within 2,500 feet, of the current or modeled extent

of soil or groundwater contamination exceeding the

Tier 1 groundwater ingestion exposure route

remediation objectives of 35 Ill. Adm. Code 742 for

the applicable indicator contaminants; and

ii)

All regulated recharge areas and wellhead

protection areas in which the current or modeled

extent of soil or groundwater contamination

exceeding the Tier 1 groundwater ingestion

exposure route remediation objectives of 35 Ill.

Adm. Code 742 for the applicable indicator

contaminants is located.

The Agency may require additional investigation of potable

water supply wells, regulated recharge areas, or wellhead

protection areas if site-specific circumstances warrant.

Such circumstances must include, but are not limited to, the

existence of one or more parcels of property within 200

feet of the current or modeled extent of soil or groundwater

contamination exceeding the Tier 1 groundwater ingestion

exposure route remediation objectives of 35 Ill. Adm. Code

742 for the applicable indicator contaminants where

potable water is likely to be used, but that is not served by a

public water supply or a well identified pursuant to

subsections (b)(3)(A) or (b)(3)(b) of this Section. The

additional investigation may include, but is not limited to,

physical well surveys (e.g., interviewing property owners,

investigating individual properties for wellheads,

distributing door hangers or other material that requests

information about the existence of potable wells on the

property, etc.).

BOARD NOTE: Owners or operators proceeding under subsection (b) of

this Section are advised that they are not entitled to payment from the

Fund for costs incurred after completion of early action activities in

accordance with Subpart B. See Subpart F of this Part.

For corrective action completion reports submitted pursuant to subsection

(b) of this Section, the Agency shall issue a No Further Remediation

Letter upon approval of the report by the Agency in accordance with

Subpart E.

(Source: Amended at 30 Ill. Reg. 4928, effective March 1, 2006)

Section 732.302

No Further Action Sites

Unless an owner or operator elects to classify a site under Section

732.312, sites shall be classified as No Further Action if all of the

following criteria are satisfied:

The physical soil classification procedure completed in accordance

with Section 732.307 confirms either of the following:

“Berg Circular”

The site is located in an area designated D, E, F or

G on the Illinois State Geological Survey Circular

(1984) entitled “Potential for Contamination of

Shallow Aquifers in Illinois,” incorporated by

reference at Section 732.104 of this Part; and

ii)

The site's actual physical soil conditions are verified

as consistent with those designated D, E, F or G on

the Illinois State Geological Survey Circular (1984)

entitled “Potential for Contamination of Shallow

Aquifers in Illinois”; or

The site soil characteristics satisfy the criteria of Section

732.307(d)(3) of this Part;

The UST system is not within the minimum or maximum setback

zone of a potable water supply well or regulated recharge area of a

potable water supply well;

After completion of early action measures in accordance with

Subpart B of this Part, there is no evidence that, through natural

pathways or man-made pathways, migration of petroleum or

vapors threatens human health or human safety or may cause

explosions in basements, crawl spaces, utility conduits, storm or

sanitary sewers, vaults or other confined spaces;

There is no designated Class III special resource groundwater

within 200 feet of the UST system; and

After completing early action measures in accordance with Subpart

B of this Part, no surface bodies of water are adversely affected by

the presence of a visible sheen or free product layer as a result of a

release of petroleum.

Groundwater investigation shall be required to confirm that a site meets

the criteria of a No Further Action site if the Agency has received

information indicating that the groundwater is contaminated at levels in

excess of the most stringent Tier 1 remediation objectives of 35 Ill. Adm.

Code 742 for the applicable indicator contaminants at the property

boundary line or 200 feet from the UST system, whichever is less. In such

cases, a groundwater investigation that meets the requirements of Section

732.307(j) shall be performed. If the investigation confirms there is an

exceedence of the most stringent Tier 1 remediation objectives of 35 Ill.

Adm. Code 742 for the applicable indicator contaminants, the Agency

may reclassify the site as High Priority.

(Source: Amended at 30 Ill. Reg. 4928, effective March 1, 2006)

Section 732.303

Low Priority Sites

Unless an owner or operator elects to classify a site under Section 732.312, sites shall be

classified

as Low Priority if all of the following criteria are met:

The physical soil classification and groundwater investigation procedures

confirm the following:

The most stringent Tier 1 groundwater remediation objectives of

35 Ill. Adm. Code 742 for the applicable indicator contaminants

have not been exceeded at the property boundary line or 200 feet

from the UST system, whichever is less; and

"Berg Circular"

The site is located in an area designated A1, A2, A3, A4,

A5, AX, B1, B2, BX, C1, C2, C3, C4, or C5 on the Illinois

State Geological Survey Circular (1984) entitled, "Potential

for Contamination of Shallow Aquifers in Illinois,"

incorporated by reference at Section 732.104 of this Part;

and

The site's actual physical soil conditions are verified as

consistent with those designated A1, A2, A3, A4, A5, AX,

B1, B2, BX, C1, C2, C3, C4, or C5 on the Illinois State

Geological Survey Circular (1984) entitled, "Potential for

Contamination of Shallow Aquifers in Illinois"; or

The site soil characteristics do not satisfy the criteria of Section

732.307(d)(3) of this Part;

The UST system is not within the minimum or maximum setback zone of

a potable water supply well or regulated recharge area of a potable water

supply well;

After completing early action measures in accordance with Subpart B of

this Part, there is no evidence that, through natural or man-made

pathways, migration of petroleum or vapors threaten human health or

human safety or may cause explosions in basements, crawl spaces, utility

conduits, storm or sanitary sewers, vaults or other confined spaces;

There is no designated Class III special resource groundwater within 200

feet of the UST system; and

After completing early action measures in accordance with Subpart B of

this Part, there are no surface bodies of water adversely affected by the

presence of a visible sheen or free product layer as a result of the release

of petroleum.

(Source: Amended at 30 Ill. Reg. 4928, effective March 1, 2006)

Section 732.304

High Priority Sites

Unless an owner or operator elects to classify a site under Section 732.312, sites shall be

classified as High Priority if any of the following are met:

The physical soil classification and groundwater investigation procedures

confirm the following:

The most stringent Tier 1 groundwater remediation objectives of

35 Ill. Adm. Code 742 for the applicable indicator contaminants

have been exceeded at the property boundary line or 200 feet from

the UST system, whichever is less; and

"Berg Circular"

The site is located in an area designated A1, A2, A3, A4,

A5, AX, B1, B2, BX, C1, C2, C3, C4, or C5 on the Illinois

State Geological Survey Circular (1984) entitled, "Potential

for Contamination of Shallow Aquifers in Illinois,"

incorporated by reference at Section 732.104 of this Part;

and

The site's actual physical soil conditions are verified as

consistent with those designated A1, A2, A3, A4, A5, AX,

B1, B2, BX, C1, C2, C3, C4, or C5 on the Illinois State

Geological Survey Circular (1984) entitled, "Potential for

Contamination of Shallow Aquifers in Illinois"; or

The site soil characteristics do not satisfy the criteria of Section

732.307(d)(3) of this Part;

The UST system is within the minimum or maximum setback zone of a

potable water supply well or regulated recharge area of a potable water

supply well;

After completing early action measures in accordance with Subpart B of

this Part, there is evidence that, through natural or man-made pathways,

migration of petroleum or vapors threaten human health or human safety

or may cause explosions in basements, crawl spaces, utility conduits,

storm or sanitary sewers, vaults or other confined spaces;

There is designated Class III special resource groundwater within 200 feet

of the UST system; or

After completing early action measures in accordance with Subpart B of

this Part, a surface body of water is adversely affected by the presence of a

visible sheen or free product layer as a result of a release of petroleum.

(Source: Amended at

30 Ill. Reg. 4928, effective March 1, 2006)

Section 732.305

Plan Submittal and Review

Unless an owner or operator elects to classify a site under Section

732.312, prior to conducting any site evaluation activities, the owner or

operator shall submit to the Agency a site classification plan, including but

not limited to a physical soil classification and groundwater investigation

plan, satisfying the minimum requirements for site evaluation activities as

set forth in Section 732.307. The plans shall be designed to collect data

sufficient to determine the site classification in accordance with Section

732.302, 732.303 or 732.304 of this Part.

In addition to the plan required in subsection (a) of this Section and prior

to conducting any site evaluation activities, any owner or operator

intending to seek payment from the Fund shall submit to the Agency a site

classification budget plan with the corresponding site classification plan.

The budget plan shall include, but not be limited to, a copy of the

eligibility and deductibility determination of the OSFM and an estimate of

all costs associated with the development, implementation and completion

of the site evaluation activities required in Section 732.307, excluding

handling charges. Formulation of budget plans should be consistent with

the eligible and ineligible costs listed at Sections 732.605 and 732.606 of

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

Part.

The Agency shall have the authority to review and approve, reject or

require modification of any plan or budget plan submitted pursuant to this

Section in accordance with the procedures contained in Subpart E of this

Part.

Notwithstanding subsections (a), (b), and (e) of this Section, an owner or

operator may proceed to conduct site evaluation activities in accordance

with this Subpart C prior to the submittal or approval of an otherwise

required site classification plan or budget plan (including physical soil

classification and groundwater investigation plans, costs associated with

activities to date, and anticipated further costs). However, any such

classification plan and budget plan shall be submitted to the Agency for

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

procedures contained in Subpart E of this Part prior to payment for any

related costs or the issuance of a No Further Remediation Letter.

BOARD NOTE: Owners or operators proceeding under subsection (d) of

this Section are advised that they may not be entitled to full payment from

the Fund. Furthermore, applications for payment must be submitted no

later than one year after the date the Agency issues a No Further

Remediation Letter. See Subpart F of this Part.

If, following the approval of any site classification plan, an owner or

operator determines that revised procedures or cost estimates are

necessary in order to comply with the minimum required activities for the

site, the owner or operator shall submit, as applicable, an amended site

classification plan or associated budget plan for review by the Agency.

The Agency shall have the authority to review and approve, reject, or

require modifications of the amended classification plan or budget plan in

accordance with the procedures contained in Subpart E of this Part.

BOARD NOTE: Owners and operators are advised that the total payment from

the Fund for all site classification plans and associated budget plans submitted by

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

Part.

(Source: Amended at 30 Ill. Reg. 4928, effective March 1, 2006)

Section 732.306

Deferred Site Classification; Priority List for Payment

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

submitted pursuant to this Part and who is eligible for payment from the

Fund may elect to defer site classification activities until funds are

available in an amount equal to the amount approved in the budget plan if

the requirements of subsection (b) of this Section are met.

Approvals of budget plans shall be pursuant to Agency review in

accordance with Subpart E of this Part.

The Agency shall monitor the availability of funds and shall

provide notice of insufficient funds to owners or operators in

accordance with Section 732.503(g) of this Part.

Owners and operators must submit elections to defer site

classification activities on forms prescribed and provided by the

Agency and, if specified by the Agency by written notice, in an

electronic format. The forms must be mailed or delivered to the

address designated by the Agency. The Agency’s record of the

date of receipt must be deemed conclusive unless a contrary date is

proven by a dated, signed receipt from certified or registered mail.

The Agency must review elections to defer site classification

activities to determine whether the requirements of subsection (b)

of this Section are met. The Agency must notify the owner or

operator in writing of its final action on any such election. If the

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

within 120 days after its receipt of the election, the owner or

operator may deem the election rejected by operation of law.

The Agency must mail notices of final action on an election

by registered or certified mail, post marked with a date

stamp and with return receipt requested. Final action must

be deemed to have taken place on the post marked date that

such notice is mailed.

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

of an election by the Agency’s failure to act, is subject to

appeal to the Board within 35 days after the Agency’s final

action in the manner provided for the review of permit

decisions in Section 40 of the Act.

Upon approval of an election to defer site classification until funds

are available, the Agency shall place the site on a priority list for

payment and notification of availability of sufficient funds. Sites

shall enter the priority list for payment based solely on the date the

Agency receives a complete written election of deferral, with the

earliest dates having the highest priority.

As funds become available, the Agency shall encumber funds for

each site in the order of priority in an amount equal to the total of

the approved budget plan for which deferral was sought. The

Agency shall then notify owners or operators that sufficient funds

have been allocated for the owner or operator's site. After such

notification the owner or operator shall commence site

classification activities.

Authorization of payment of encumbered funds for deferred site

classification activities shall be approved in accordance with the

requirements of Subpart F of this Part.

The priority list for payment and notification of availability of

sufficient funds shall be the same as that used for deferred

corrective action pursuant to Section 732.406 with both types of

deferrals entering the list and moving up solely on the basis of the

date the Agency receives written notice of the deferral.

An owner or operator who elects to defer site classification activities

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

Licensed Professional Engineer or Licensed Professional Geologist

demonstrating the following:

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

classification budget plan;

The owner or operator has been determined eligible to seek

payment from the Fund;

The early action requirements of Subpart B of this Part have been

met;

Groundwater contamination does not exceed Tier 1 groundwater

ingestion exposure route remediation objectives of 35 Ill. Adm.

Code 742 for the applicable indicator contaminants as a result of

the release, modeling in accordance with 35 Ill. Adm. Code 742

shows that groundwater contamination will not exceed such Tier 1

remediation objectives as a result of the release, and no potable

water supply wells are impacted as a result of the release; and

Soil contamination exceeding the Tier 1 groundwater ingestion

exposure route remediation objectives of 35 Ill. Adm. Code 742

for the applicable indicator contaminants does not extend beyond

the site’s property boundary and is not located within a regulated

recharge area, a wellhead protection area, or the setback zone of a

potable water supply well. Documentation to demonstrate that this

subsection (b)(5) is satisfied must include, but is not limited to, the

results of a water supply well survey conducted in accordance with

Section 732.307(f) of this Part.

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

classification activities. The owner or operator must notify the Agency in

writing of the withdrawal. Upon such withdrawal, the owner or operator

shall proceed with site classification in accordance with the requirements

of this Part.

(Source: Amended at

30 Ill. Reg. 4928, effective March 1, 2006)

Section 732.307

Site Evaluation

Except as provided in Section 732.300(b), or unless an owner or operator

submits a report pursuant to Section 732.202(h)(3) of this Part

demonstrating that the most stringent Tier 1 remediation objectives of 35

Ill. Adm. Code 742 for the applicable indicator contaminants have been

met or elects to classify a site under Section 732.312, the owner or

operator of any site for which a release of petroleum has been confirmed

in accordance with regulations promulgated by the OSFM and reported to

IEMA shall arrange for site evaluation and classification in accordance

with the requirements of this Section. A Licensed Professional Engineer

or Licensed Professional Geologist (or, where appropriate, persons

working under the direction of a Licensed Professional Engineer or

Licensed Professional Geologist) shall conduct the site evaluation. The

results of the site evaluation shall provide the basis for determining the

site classification. The site classification shall be certified by the

supervising Licensed Professional Engineer or Licensed Professional

Geologist.

As a part of each site evaluation, the Licensed Professional Engineer or

Licensed Professional Geologist shall conduct a physical soil

classification in accordance with the procedures at subsection (c) or (d) of

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

elements of the chosen method of physical soil classification must be

completed for each site. In addition to the requirement for a physical soil

classification, the Licensed Professional Engineer or Licensed

Professional Geologist shall, at a minimum, complete the requirements at

subsections (f) through (j) of this Section before classifying a site as High

Priority or Low Priority and subsection (f) through (i) of this Section

before classifying a site as No Further Action.

Method One for Physical Soil Classification:

Soil Borings

Prior to conducting field activities, a review of scientific

publications and regional geologic maps shall be conducted

to determine if the subsurface strata are as generally

mapped in the Illinois State Geological Survey Circular

(1984) entitled “Potential for Contamination of Shallow

Aquifers in Illinois,” incorporated by reference in Section

732.104 of this Part. A list of the publications reviewed

and any preliminary conclusions concerning the site

geology shall be included in the site classification

completion report.

A minimum of one soil boring to a depth that includes 50

feet of native soil or to bedrock shall be performed for each

tank field with a release of petroleum.

If, during boring, bedrock is encountered or if auger refusal

occurs because of the density of a geologic material, a

sample of the bedrock or other material shall be collected

to determine permeability or an in situ test shall be

performed to determine hydraulic conductivity in

accordance with subsections (c)(3)(A) and (c)(3)(B) of this

Section. If bedrock is encountered or auger refusal occurs,

the Licensed Professional Engineer or Licensed

Professional Geologist shall verify that the conditions that

prevented the full boring are expected to be continuous

through the remaining required depth.

Borings shall be performed within 200 feet of the outer

edge of the tank field or at the property boundary,

whichever is less. If more than one boring is required per

site, borings shall be spaced to provide reasonable

representation of site characteristics. The actual spacing of

the borings shall be based on the regional hydrogeologic

information collected in accordance with subsection

(c)(1)(A) of this Section. Location shall be chosen to limit

to the greatest extent possible the vertical migration of

contamination.

Soil borings shall be continuously sampled to ensure that

no gaps appear in the sample column.

If anomalies are encountered, additional soil borings may

be necessary to verify the consistency of the site geology.

Any water bearing units encountered shall be protected as

necessary to prevent cross-contamination during drilling.

The owner or operator may utilize techniques other than

those specified in this subsection (c)(1) for soil

classification provided that:

The techniques provide equivalent, or superior,

information as required by this Section;

ii)

The techniques have been successfully utilized in

applications similar to the proposed application;

iii)

Methods for quality control can be implemented;

and

iv)

The owner or operator has received written

approval from the Agency prior to the start of the

investigation.

Soil Properties

The following tests shall be performed on a representative sample of each

of the stratigraphic units encountered in the native soil boring that has

been determined most conducive to transporting contaminants from the

source based on site factors, including but not limited to visual and tactile

observations, the classification of the soil, any prior evaluation of the site

stratigraphy, the volume of the release, the thickness or extent of the

stratigraphic unit, and the requirements of ASTM D 2488-93, Standard

Practice for Description and Identification of Soils (Visual-Manual

Procedure), approved September 15, 1993:

A soil particle analysis using the test methods specified in ASTM

(American Society for Testing and Materials) Standard D 422-63

or D 1140-92, “Standard Test Method for Particle-Size Analysis of

Soils,” or “Standard Test Method for Amount of Material in Soils

Finer than the No. 200 (75 μm) Sieve,” incorporated by reference

in Section 732.104 of this Part, or other Agency approved method;

A soil moisture content analysis using the test methods specified in

ASTM Standard D 2216-92 or D 4643-93, “Standard Test Method

for Laboratory Determination of Water (Moisture) Content of Soil

and Rock,” or “Standard Test Method for Determination of Water

(Moisture) Content of Soil by the Microwave Oven Method,”

incorporated by reference in Section 732.104 of this Part, or other

Agency approved method;

A soil classification using the test methods specified in ASTM

Standard D 2487-93 or D 2488-93, “Standard Test Method for

Classification of Soils for Engineering Purposes” or “Standard

Practice for Description and Identification of Soils (Visual-Manual

Procedure),” incorporated by reference in Section 732.104 of this

Part, or other Agency approved method;

Unconfined compression strength shall be determined in tons per

square foot by using a hand penetrometer; and

If representative samples of each stratigraphic unit are collected

for soil property testing by the use of thin-walled tube sampling, an

additional soil boring must be performed for this sampling within 5

feet of the site classification boring. Thin-walled tube sampling

must be conducted in accordance with ASTM Standard Test

Method D 1587-83, incorporated by reference in Section 732.104

of this Part, or other Agency approved method. The boring from

which the thin-walled tubes are collected must be logged in

accordance with the requirements of Section 732.308(a) of this

Part.

Hydraulic Conductivity

If a water bearing unit is encountered while performing soil

boring(s) for the physical soil classification, an in-situ hydraulic

conductivity test shall be performed in the first fully saturated

layer below the water table. If multiple water bearing units are

encountered, an insitu hydraulic conductivity test shall be

performed on each such unit.

Wells used for hydraulic conductivity testing shall be

constructed in a manner that ensures the most accurate

results.

ii)

The screen must be contained within the saturated zone.

If no water bearing unit is encountered in the required soil

boring(s), then the following laboratory analyses shall be

conducted, as applicable, on a representative sample from each

stratigraphic unit:

A hydraulic conductivity analysis of undisturbed or

laboratory compacted granular soils (i.e., clay, silt, sand or

gravel) using the test method specified in ASTM Standard

D 5084-90, “Standard Test Method for Measurement of

Hydraulic Conductivity of Saturated Porous Materials

Using a Flexible Wall Permeameter,” incorporated by

reference in Section 732.104 of this Part, or other Agency

approved method.

ii)

Granular soils that are estimated to have hydraulic

conductivity greater than 1 x 10

-3

cm/sec will fail the

minimum geologic conditions for “No Further Action”, i.e.,

rating of D, E, F, or G as described in the Berg Circular,

and therefore, no physical tests need to be run on the soils.

iii)

A hydraulic conductivity analysis of bedrock using the test

method specified in ASTM Standard D 4525-90, “Standard

Test Method for Permeability of Rocks by Flowing Air,”

incorporated by reference in Section 732.104 of this Part,

or other Agency approved method.

iv)

If representative samples of each stratigraphic unit are

collected for soil property testing by the use of thin-walled

tube sampling, an additional soil boring must be performed

for this sampling within 5 feet of the site classification

boring. Thin-walled tube sampling must be conducted in

accordance with ASTM Standard Test Method D 1587-83,

incorporated by reference in Section 732.104 of this Part,

or other Agency approved method. The boring from which

the thin-walled tubes are collected must be logged in

accordance with the requirements of Section 732.308(a) of

this Part.

If the results of the physical soil classification or groundwater

investigation reveal that the actual site geologic characteristics are

different from those generally mapped by the Illinois State

Geological Survey Circular (1984) entitled “Potential for

Contamination of Shallow Aquifers in Illinois,” incorporated by

reference at Section 732.104 of this Part, the site classification

shall be determined using the actual site geologic characteristics.

Method Two for Physical Soil Classification:

Soil Borings

A minimum of one soil boring to a depth that includes

native material from the invert elevation of the most

shallow UST to 15 feet below the invert elevation of the

deepest UST for each tank field with a release of

petroleum.

This boring shall meet the requirements of subsections

(c)(1)(C) through (c)(1)(G) of this Section.

Soil Properties

The following tests must be performed on a representative sample

of each of the stratigraphic units encountered in the native soil

boring that has been determined most conducive to transporting

contaminants from the source based on site factors including but

not limited to visual and tactile observations, the classification of

the soil, any prior evaluation of the site stratigraphy, the volume of

the release, the size or extent of the unit, and the requirements of

ASTM D 2488-93, Standard Practice for Description and

Identification of Soils (Visual-Manual Procedure), approved

September 15, 1993 and incorporated by reference in Section

732.104 of this Part:

A soil particle analysis satisfying the requirements of

subsection (c)(2)(A) of this Section; and

Either:

A pump test or equivalent to determine the yield of

the geologic material. Methodology, assumptions

and any calculations performed shall be submitted

as part of the site classification completion report.

If the aquifer geometry and transmissivity have

been obtained through a site-specific field

investigation, an analytical solution may be used to

estimate well yield. The Licensed Professional

Engineer or Licensed Professional Geologist shall

demonstrate the appropriateness of the analytical

solution to estimate well yield versus an actual field

test. Well yield should be determined for either

confined or unconfined formations. Once the yield

has been determined site-specifically, the hydraulic

conductivity shall be calculated; or

ii)

Hydraulic conductivity shall be determined in

accordance with subsection (c)(3) of this Section.

Once the hydraulic conductivity has been

determined site-specifically, the yield shall be

calculated.

If representative samples of each stratigraphic unit are

collected for soil property testing by the use of thin-walled

tube sampling, an additional soil boring must be performed

for this sampling within 5 feet of the site classification

boring. Thin-walled tube sampling must be conducted in

accordance with ASTM Standard Test Method D 1587-83,

incorporated by reference in Section 732.104 of this Part,

or other Agency approved method. The boring from which

the thin-walled tubes are collected must be logged in

accordance with the requirements of Section 732.308(a) of

this Part.

The results of the boring(s) and tests described in subsections

(d)(1) and (d)(2) of this Section shall be used to demonstrate

whether the native material from the invert elevation of the most

shallow UST to 15 feet below the invert elevation of the deepest

UST meets all of the following criteria:

Does not contain unconsolidated sand, gravel or sand and

gravel that is 5 feet or more in thickness with 12 percent or

less fines (i.e., fines that pass through a No. 200 sieve

tested according to ASTM Standard Test Method D 2487-

93, “Standard Test Method for Classification of Soils for

Engineering Purposes,” incorporated by reference at

Section 732.104 of this Part, or other Agency approved

method);

Does not contain sandstone that is 10 feet or more in

thickness, or fractured carbonate that is 15 feet or more in

thickness;

Is not capable of sustained groundwater yield, from up to a

12 inch borehole, of 150 gallons per day or more from a

thickness of 15 feet or less; and

Is not capable of hydraulic conductivity of 1 x 10

-4

cm/sec

or greater.

If, during the completion of the requirements of subsection (c) or (d) of

this Section, a Licensed Professional Engineer or Licensed Professional

Geologist determines that the site geology is not consistent with area D, E,

F or G of the Illinois State Geological Survey Circular (1984) entitled,

“Potential for Contamination of Shallow Aquifers in Illinois,”

incorporated by reference in Section 732.104 of this Part or that the

criteria of subsection (d)(3) are not satisfied, any remaining steps required

by subsection (c) or (d) may be suspended, provided that the soil

investigation has been sufficient to satisfy the requirements of subsection

(g) of this Section. If activities are suspended under this subsection (e),

the Licensed Professional Engineer or Licensed Professional Geologist

shall complete the requirements of subsections (f) through (j) of this

Section in order to determine whether the site is High Priority or Low

Priority. The site conditions upon which the suspension of the

requirements of subsection (c) or (d) of this Section is based shall be

documented in the site classification completion report.

Survey of Water Supply Wells. At a minimum, the owner or operator

must conduct a water supply well survey to identify all potable water

supply wells located at the site and within 200 feet of the site, all

community water supply wells located at the site and within 2,500 feet of

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

which the site is located. Actions taken to identify the wells must include,

but is not limited to, the following.

Contacting the Agency’s Division of Public Water Supplies to

identify community water supply wells, regulated recharge areas,

and wellhead protection areas;

Using current information from the Illinois State Geological

Survey, the Illinois State Water Survey, and the Illinois

Department of Public Health (or the county or local health

department delegated by the Illinois Department of Public Health

to permit potable water supply wells) to identify potable water

supply wells other than community water supply wells; and

Contacting the local public water supply entities to identify

properties that receive potable water from a public water supply.

Investigation of Migration Pathways

The Licensed Professional Engineer or Licensed Professional

Geologist shall conduct an investigation either separately or in

conjunction with the physical soil classification to identify all

potential natural and man-made migration pathways that are on the

site, in rights-of-way attached to the site, or in any area

surrounding the site that may be adversely affected as a result of

the release of petroleum from the UST system. Once the migration

pathways have been identified, the areas along all such pathways

shall be further investigated in a manner sufficient to determine

whether there is evidence that migration of petroleum or vapors

along such pathways:

May potentially threaten human health or human safety; or

May cause explosions in basements, crawl spaces, utility

conduits, storm or sanitary sewers, vaults or other confined

spaces.

Natural pathways shall be identified using data obtained from

investigation at the site. This must include, but is not limited to,

identification and location of groundwater if encountered during

excavation activities or soil boring activities, identification of

different soil strata during excavation activities or soil boring

activities and inspection of surface water bodies. Investigation and

evaluation of natural migration pathways shall include, for

applicable indicator contaminants along potential natural migration

pathways:

Soil sampling and laboratory analysis of samples; and

When groundwater is encountered or when there is

potential for surface water contamination, groundwater and

surface water sampling and laboratory analysis of samples.

Man-made pathways shall be identified from available sources,

including but not limited to site plans; a review of underground

utilities as identified by the Joint Utility Location Information for

Excavators (J.U.L.I.E.), the Chicago Utility Alert Network

(Digger), another public locator, or a private locator; and

interviews with site owners or personnel. The Licensed

Professional Engineer or Licensed Professional Geologist must

determine whether migration of indicator contaminants along any

of these pathways has occurred, using laboratory analytical data

for applicable indicator contaminants obtained as follows:

From prior sampling, provided that such laboratory

analytical data demonstrates that no contaminant of

concern has migrated to or along any man-made pathways;

From soil samples, and groundwater samples if

groundwater is encountered, taken between man-made

pathways and contaminated soil, provided that such

laboratory analytical data demonstrates that no contaminant

of concern has migrated to or along any man-made

pathways; or

From soil samples, and groundwater samples if

groundwater is encountered, taken along man-made

pathways.

The Licensed Professional Engineer or Licensed Professional

Geologist shall provide a map of the site and any surrounding areas

that may be adversely affected by the release of petroleum from

the UST system. At a minimum, the map shall be to scale,

oriented with north at the top, and shall show the location of the

leaking UST system(s) with any associated piping and all potential

natural and man-made pathways that are on the site, that are in

rights-of-way attached to the site, or that are in areas that may be

adversely affected as a result of the release of petroleum.

Unless the Agency's review reveals objective evidence to the

contrary, the Licensed Professional Engineer or Licensed

Professional Geologist shall be presumed correct when certifying

whether or not there is evidence that, through natural or man-made

pathways, migration of petroleum or vapors:

May potentially threaten human health or human safety; or

May cause explosions in basements, crawl spaces, utility

conduits, storm or sanitary sewers, vaults or other confined

spaces.

The Licensed Professional Engineer or Licensed Professional Geologist

shall verify whether Class III groundwater exists within 200 feet of the

UST system.

The Licensed Professional Engineer or Licensed Professional Geologist

shall locate all surface bodies of water on site and within 100 feet of the

site and provide a map noting the locations. All such surface bodies of

water shall be inspected to determine whether they have been adversely

affected by the presence of a sheen or free product layer resulting from the

release of petroleum from the UST system.

Groundwater Investigation

For sites failing to meet NFA site classification or for sites where a

groundwater investigation is necessary pursuant to Section

732.302(b) of this Part, the Licensed Professional Engineer or

Licensed Professional Geologist shall perform a groundwater

investigation as required under this Part in accordance with this

subsection (j) to determine whether the most stringent Tier 1

groundwater remediation objectives of 35 Ill. Adm. Code 742 for

the applicable indicator contaminants have been exceeded at the

property boundary or 200 feet from the UST system, whichever is

less, as a result of the UST release of petroleum.

Applicable indicator contaminants shall be those identified

pursuant to Section 732.310 of this Part.

Except as provided in subsection (j)(6) of this Section, a minimum

of four groundwater monitoring wells shall be installed at the

property boundary or 200 feet from the UST system, whichever is

less. In the event that a groundwater monitoring well cannot be

physically installed at the property line or 200 feet from the UST

system, whichever is closer, in accordance with this subsection (j),

the owner or operator shall request approval from the Agency to

place the well further out, but at the closest practical point to the

compliance point. The owner or operator may elect to place a

monitoring well in a location that is closer to the UST system than

this Part requires. However, once the election is made, the owner

or operator may not withdraw the election at a later time. The

Agency may require the installation of additional monitoring wells

to ensure that at least one monitoring well is located hydraulically

upgradient and three monitoring wells are located hydraulically

downgradient of the UST system. The wells must be installed so

that they provide the greatest likelihood of detecting migration of

groundwater contamination. At a minimum, monitoring well

construction shall satisfy the following requirements:

Construction shall be in a manner that will enable the

collection of representative groundwater samples;

All monitoring wells shall be cased in a manner that

maintains the integrity of the borehole. Casing material

shall be inert so as not to affect the water sample. Casing

requiring solvent-cement type couplings shall not be used;

Wells shall be screened to allow sampling only at the

desired interval. Annular space between the borehole wall

and well screen section shall be packed with clean, well-

rounded and uniform material sized to avoid clogging by

the material in the zone being monitored. The slot size of

the screen shall be designed to minimize clogging. Screens

shall be fabricated from material that is inert with respect to

the constituents of the groundwater to be sampled;

Annular space above the well screen section shall be sealed

with a relatively impermeable, expandable material such as

cement/bentonite grout that does not react with or in any

way affect the sample, in order to prevent contamination of

groundwater samples and groundwater and avoid

interconnections. The seal shall extend to the highest

known seasonal groundwater level;

The annular space shall be backfilled with expanding

cement grout from an elevation below the frost line and

mounded above the surface and sloped away from the

casing so as to divert surface water away;

All monitoring wells shall be covered with vented caps and

equipped with devices to protect against tampering and

damage. Locations of wells shall be clearly marked and

protected against damage from vehicular traffic or other

activities associated with expected site use; and

All wells shall be developed to allow free entry of

groundwater, minimize turbidity of the sample, and

minimize clogging.

Monitoring well construction diagrams prescribed and provided by

the Agency shall be completed for each monitoring well.

Static water elevations shall be measured for each monitoring well.

Groundwater samples shall be taken from each well and analyzed

for the applicable indicator contaminants. The data collected shall

be used to determine the direction of groundwater flow and

whether the applicable groundwater remediation objectives have

been exceeded. Samples shall be collected and analyzed in

accordance with the following procedures:

Samples shall be collected in accordance with “Test

Methods for Evaluating Solid Wastes, Physical/Chemical

Methods,” EPA Publication No. SW-846, incorporated by

reference at Section 732.104 of this Part, or other

procedures approved by the Agency.

Groundwater elevation in a groundwater monitoring well

shall be determined and recorded to establish the gradient

of the groundwater table.

The analytical methodology used for the analysis of the

indicator contaminants shall be consistent with both of the

following:

The methodology must have a practical quantitation

limit (PQL) at or below the most stringent

objectives or detection levels set forth in 35 Ill.

Adm. Code 742 or as set for mixtures or

degradation products as provided in Section

732.310 of this Part; and

ii)

The methodology must be consistent with the

methodologies contained in “Test Methods for

Evaluating Solid Wastes, Physical/Chemical

Methods,” EPA Publication No. SW-846, as

incorporated by reference at Section 732.104, or

other Agency approved methods.

In addition to analytical results, sampling and analytical

reports shall contain the following information:

Sample collection information including but not

limited to the name of sample collector, time and

date of sample collection, method of collection, and

monitoring location;

ii)

Sample preservation and shipment information

including but not limited to field quality control;

iii)

Analytical procedures including but not limited to

the method detection limits and the practical

quantitation limits (PQL);

iv)

Chain of custody and control; and

Field and lab blanks.

As an alternative to the installation of monitoring wells under

subsection (j)(3) of this Section, the Licensed Professional

Engineer or Licensed Professional Geologist may demonstrate to

the Agency through a site-specific evaluation that the groundwater

monitoring should not be required.

The evaluation shall be based on a demonstration of the

following factors:

Whether groundwater is present within the depth of

the boring used to perform physical soil

classification under the selected method (Method

One under subsection (c) of this Section or Method

Two under subsection (d) of this Section);

ii)

Whether groundwater is withdrawn for potable use

within 1000 feet of the UST system and at what

depths; and

iii)

Whether seasonal fluctuation in groundwater could

result in groundwater contacting contaminated soil

(e.g., historical records).

The presence or absence of a water bearing unit under

subsection (j)(6)(A)(i) of this Section shall be determined

on the basis of at least one soil boring to the depth

necessary to perform physical soil classification under the

selected method (Method One under subsection (c) of this

Section or Method Two under subsection (d) of this

Section), unless auger refusal occurs because of the density

of a geologic material or because bedrock is encountered.

If auger refusal occurs, then the Licensed Professional

Engineer or Licensed Professional Geologist must

demonstrate the depth to a water bearing unit from the

available site specific or regional information.

If the evaluation fails to demonstrate to the Agency that a

groundwater investigation should not be required as part of

site classification activities, then the Licensed Professional

Engineer or Licensed Professional Geologist shall perform

a groundwater investigation in accordance with the

remainder of this subsection (j).

If the evaluation demonstrates to the Agency that a

groundwater investigation should not be required, then the

site shall be classified as Low Priority, unless other High

Priority criteria are present. Upon Agency approval of the

evaluation to demonstrate that a groundwater investigation

should not be required, then the site shall be classified as

Low Priority and a No Further Remediation Letter shall be

issued to the owner or operator of the site, unless other

High Priority criteria are present.

(Source: Amended at 30 Ill. Reg. 4928, effective March 1, 2006)

Section 732.308

Boring Logs and Sealing of Soil Borings and Groundwater

Monitoring Wells

Soil boring logs shall be kept for all soil borings. The logs shall be

submitted along with the site classification completion report and shall be

on forms prescribed and provided by the Agency and, if specified by the

Agency by written notice, in an electronic format.

Soil boring logs shall contain the following information at a

minimum:

Sampling device, sample number and amount of recovery;

Total depth of boring to the nearest 6 inches;

Detailed field observations describing materials

encountered in boring, including soil constituents,

consistency, color, density, moisture, odors, and the nature

and extent of sand or gravel lenses or seams equal to or

greater than 1 inch in thickness;

Petroleum hydrocarbon vapor readings (as determined by

continuous screening of borings with field instruments

capable of detecting such vapors);

Locations of sample(s) used for physical or chemical

analysis; and

Groundwater levels while boring and at completion.

Boring logs for soil boring(s) completed for physical soil

classification also shall include the following information, as

applicable for the classification method chosen, for each

stratigraphic unit encountered at the site:

Moisture content;

Unconfined compression strength in tons per square foot

(TSF) using a hand penetrometer;

Unified Soil Classification System (USCS) soil

classification group symbol in accordance with ASTM

Standard D 2487-93, “Standard Test Method for

Classification of Soils for Engineering Purposes,”

incorporated by reference in Section 732.104 of this Part,

or other Agency approved method; and

The reasoning behind the Licensed Professional Engineer’s

or Licensed Professional Geologist’s decision to perform or

not perform soil testing pursuant to Section 732.307(c)(2)

and (d)(2) of this Part as to each identified stratigraphic

unit.

Boreholes and monitoring wells shall be abandoned pursuant to

regulations promulgated by the Illinois Department of Public Health at 77

Ill. Adm. Code 920.120.

(Source: Amended at

30 Ill. Reg. 4928, effective March 1, 2006)

Section 732.309

Site Classification Completion Report

Within 30 days after the completion of a site evaluation in accordance with

Section 732.307 of this Part, the owner or operator shall submit to the Agency a

site classification completion report addressing all applicable elements of the site

evaluation. The report shall contain all maps, diagrams, and any other

information required by Section 732.307 of this Part, the results or conclusions of

all surveys and investigations and any documentation necessary to demonstrate

those results or conclusions, and the certification of a Licensed Professional

Engineer or Licensed Professional Geologist of the site's classification as No

Further Action, Low Priority or High Priority in accordance with this Subpart C.

Documentation of the water supply well survey conducted pursuant to Section

732.307(f) of this Part must include, but is not limited to, the following:

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

The location of the community water supply wells and other

potable water supply wells identified pursuant to Section

732.307(f) of this Part, and the setback zone for each well;

The location and extent of regulated recharge areas and wellhead

protection areas identified pursuant to Section 732.307(f) of this

Part;

The current extent of groundwater contamination exceeding the

Tier 1 groundwater ingestion exposure route remediation

objectives of 35 Ill. Adm. Code 742 for the applicable indicator

contaminants; and

The modeled extent of groundwater contamination exceeding the

Tier 1 groundwater ingestion exposure route remediation

objectives of 35 Ill. Adm. Code 742 for the applicable indicator

contaminants. The information required under this subsection (D)

is not required to be shown in the site classification completion

report if modeling is not performed as part of site investigation;

One or more tables listing the setback zones for each community water

supply well and other potable water supply wells identified pursuant to

Section 732.307(f) of this Part;

A narrative that, at a minimum, identifies each entity contacted to identify

potable water supply wells pursuant to Section 732.307(f) of this Part, the

name and title of each person contacted at each entity, and field

observations associated with the identification of potable water supply

wells; and

A certification from a Licensed Professional Engineer or Licensed

Professional Geologist that the water supply well survey was conducted in

accordance with the requirements of Section 732.307(f) of this Part and

that the documentation submitted pursuant to this Section includes the

information obtained as a result of the survey.

The Agency shall have the authority to review and approve, reject or require

modification of any report submitted pursuant to this Section in accordance with

the procedures contained in Subpart E of this Part.

(Source: Amended at 30 Ill. Reg. 4928, effective March 1, 2006)

Section 732.310

Indicator Contaminants

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

parameters identified in subsections (b) through (i) of this Section.

For gasoline, including but not limited to leaded, unleaded, premium and

gasohol, the indicator contaminants shall be benzene, ethylbenzene,

toluene, total xylenes and methyl tertiary butyl ether (MTBE), except as

provided in subsection (h) of this Section. For leaded gasoline, lead shall

also be an indicator contaminant.

For aviation turbine fuels, jet fuels, diesel fuels, gas turbine fuel oils,

heating fuel oils, illuminating oils, kerosene, lubricants, liquid asphalt and

dust laying oils, cable oils, crude oil, crude oil fractions, petroleum

feedstocks, petroleum fractions and heavy oils, the indicator contaminants

shall be benzene, ethylbenzene, toluene, total xylenes and the polynuclear

aromatics listed in Section 732.Appendix B of this Part. For leaded

aviation turbine fuels, lead shall also be an indicator contaminant.

For transformer oils the indicator contaminants shall be benzene,

ethylbenzene, toluene, total xylenes, and the polynuclear aromatics and

the polychlorinated biphenyl parameters listed in Section 732.Appendix B

of this Part.

For hydraulic fluids the indicator contaminants shall be benzene,

ethylbenzene, toluene, total xylenes, the polynuclear aromatics listed in

Section 732.Appendix B of this Part and barium.

For petroleum spirits, mineral spirits, Stoddard solvents, high-flash

aromatic naphthas, moderately volatile hydrocarbon solvents and

petroleum extender oils, the indicator contaminants shall be the volatile,

base/neutral and polynuclear aromatic parameters listed in Appendix B of

this Part. The Agency may add degradation products or mixtures of any

of the above pollutants in accordance with 35 Ill. Adm. Code 620.615.

For used oil the indicator contaminants shall be determined by the results

of a used oil soil sample analysis. In accordance with Section 732.202(h)

of this Part, soil samples must be collected from the walls and floor of the

used oil UST excavation if the UST is removed, or from borings drilled

along each side of the used oil UST if the UST remains in place. The

sample that appears to be the most contaminated as a result of a release

from the used oil UST must then be analyzed for the following

parameters. If none of the samples appear to be contaminated a soil

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

below the former location of the UST if the UST is removed, or from soil

located at the same elevation as the bottom of the used oil UST if the UST

remains in place, and analyzed for the following parameters:

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

parameters listed at Appendix B of this Part and any other

parameters the Licensed Professional Engineer or Licensed

Professional Geologist suspects may be present based on UST

usage. The Agency may add degradation products or mixtures of

any of the above pollutants in accordance with 35 Ill. Adm. Code

620.615.

The used oil indicator contaminants shall be those volatile,

base/neutral, and metal parameters listed at Section 732.Appendix

B of this Part or as otherwise identified at subsection (g)(1) of this

Section that exceed their remediation objective at 35 Ill. Adm.

Code 742 in addition to benzene, ethylbenzene, toluene, total

xylenes, and polynuclear aromatics listed in Appendix B of this

Part.

If none of the parameters exceed their remediation objective, the

used oil indicator contaminants shall be benzene, ethylbenzene,

toluene, total xylenes, and the polynuclear aromatics listed in

Appendix B of this Part.

Unless an owner or operator elects otherwise pursuant to subsection (i) of

this Section, the term “indicator contaminants” shall not include MTBE

for any release reported to the Illinois Emergency Management Agency

prior to June 1, 2002 (the effective date of amendments establishing

MTBE as an indicator contaminant).

An owner or operator exempt from having to address MTBE as an

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

to include MTBE as an indicator contaminant under the circumstances

listed in subsections (1) or (2) of this subsection (i). Elections to include

MTBE as an indicator contaminant must be made by submitting to the

Agency a written notification of such election signed by the owner or

operator. The election must be effective upon the Agency’s receipt of the

notification and cannot be withdrawn once made. Owners or operators

electing to include MTBE as an indicator contaminant must remediate

MTBE contamination in accordance with the requirements of this Part.

If the Agency has not issued a No Further Remediation Letter for

the release; or

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

release and the release has caused off-site groundwater

contamination exceeding the remediation objective for MTBE set

forth in 35 Ill. Adm. Code 742.

(Source: Amended at 30 Ill. Reg. 4928, effective March 1, 2006)

Section 732.311

Groundwater Remediation Objectives

For purposes of this Part, remediation objectives for groundwater shall be the

groundwater remediation objectives specified in 35 Ill. Adm. Code 742 for the applicable

indicator contaminants. For mixtures and degradation products that have been included

as indicator contaminants in accordance with Section 732.310 of this Part, the Agency

shall determine groundwater remediation objectives on a site-by-site basis.

(Source: Amended at 30 Ill. Reg. 4928, effective March 1, 2006)

Section 732.312

Classification by Exposure Pathway Exclusion

An owner or operator electing to classify a site by exclusion of human

exposure pathways under 35 Ill. Adm. Code 742, Subpart C, shall meet

the requirements of this Section, except as provided in subsections (a)(1)

and (j) of this Section.

Such election shall be made in writing by the owner or operator as

part of the submission of the site classification plan under

subsection (b) of this Section. The election may be made at any

time until the Agency issues a No Further Remediation Letter,

provided, however, that the election must be received by the

Agency prior to March 1, 2006. On or after March 1, 2006,

owners and operators desiring to proceed with the exclusion of

human exposure pathways under 35 Ill. Adm. Code 742, Subpart

C, must elect pursuant to 35 Ill. Adm. Code 734.105 to proceed in

accordance with 35 Ill. Adm. Code 734 and conduct site

investigation and corrective action in accordance with that Part

instead of meeting the requirements of this Section.

An owner or operator who chooses to revoke an election submitted

under subsection (b) of this Section shall do so in writing.

The owner or operator, prior to conducting any site evaluation activities,

shall submit to the Agency a site classification plan including, but not

limited to, a contaminant identification and groundwater investigation

plan (if one or more of the criteria set forth in Section 732.202(h)(4)(A)

through (C) of this Part are met), satisfying the minimum requirements for

site evaluation activities as set forth in this Section. The plans shall be

designed to:

Determine the full extent of soil or groundwater contamination

exceeding the most stringent Tier 1 remediation objectives of 35

Ill. Adm. Code 742 for the applicable indicator contaminants.

Such activities may include soil borings with sampling and

analysis, groundwater monitoring wells with sampling and

analysis, groundwater modeling, or a combination of these

activities.

Collect data sufficient to determine which, if any, of the applicable

exposure routes under 35 Ill. Adm. Code 742 can be excluded

pursuant to 35 Ill. Adm. Code 742, Subpart C. The data shall

include, but is not limited to, site-specific data demonstrating the

physical characteristics of soil and groundwater.

A Licensed Professional Engineer or Licensed Professional Geologist (or,

where appropriate, persons working under the direction of a Licensed

Professional Engineer or Licensed Professional Geologist) shall conduct

the site evaluation. The results of the site evaluation shall provide the

basis for determining the site classification. The site classification shall be

certified by the supervising Licensed Professional Engineer or Licensed

Professional Geologist.

As a part of each site evaluation, the Licensed Professional Engineer or

Licensed Professional Geologist shall conduct physical soil classification

and contaminant identification in accordance with the procedures at

subsection (b) of this Section.

In addition to the plan required in subsection (b) of this Section and prior

to conducting any site evaluation activities, any owner or operator

intending to seek payment from the Fund shall submit to the Agency a site

classification budget plan with the corresponding site classification plan.

The budget plan shall include, but not be limited to, a copy of the

eligibility and deductibility determination of the OSFM and an estimate of

all costs associated with the development, implementation and completion

of the site evaluation activities required under subsection (b) of this

Section, excluding handling charges. Formulation of budget plans should

be consistent with the eligible and ineligible costs listed at Sections

732.605 and 732.606 of this Part and the maximum payment amounts set

forth in Subpart H of this Part.

Sites shall be classified as No Further Action if the Licensed Professional

Engineer or Licensed Professional Geologist determines that all applicable

exposure routes can be excluded from further consideration pursuant to 35

Ill. Adm. Code 742, Subpart C.

Sites shall be classified as High Priority if the Licensed Professional

Engineer or Licensed Professional Geologist determines that any of the

applicable exposure routes cannot be excluded from further consideration

pursuant to 35 Ill. Adm. Code 742, Subpart C.

Within 30 days after the completion of a site evaluation in accordance

with this Section, the owner or operator shall submit to the Agency a site

classification completion report addressing all applicable elements of the

site evaluation. The report shall contain all maps, diagrams, and any other

information required by this Section, the results or conclusions of all

surveys and investigations and any documentation necessary to

demonstrate those results or conclusions, and the certification of a

Licensed Professional Engineer or Licensed Professional Geologist of the

site's classification as No Further Action or High Priority in accordance

with this Section. For any site classified as High Priority, the report shall

also contain the certification of a Licensed Professional Engineer or

Licensed Professional Geologist as to which exposure routes, if any, have

been excluded from further consideration under 35 Ill. Adm. Code 742,

Subpart C.

The Agency shall have the authority to review and approve, reject or

require modification of any classification plan, budget plan, or report

submitted pursuant to this Section in accordance with the procedures

contained in Subpart E of this Part.

Notwithstanding subsections (b) and (e) of this Section, prior to March 1,

2006 an owner or operator may proceed to conduct site evaluation

activities in accordance with this Section prior to the submittal or approval

of any otherwise required site classification plan or budget plan.

However, any such classification plan and budget plan shall be submitted

to the Agency for review and approval, rejection, or modification in

accordance with the procedures contained in Subpart E of this Part prior to

payment for any related costs or the issuance of a No Further Remediation

Letter. On or after March 1, 2006, owners and operators desiring to

proceed with the exclusion of human exposure pathways under 35 Ill.

Adm. Code 742, Subpart C, must elect pursuant to 35 Ill. Adm. Code

734.105 to proceed in accordance with 35 Ill. Adm. Code 734 and conduct

site investigation and corrective action in accordance with that Part

instead of meeting the requirements of this Section.

If, following the approval of any site classification plan, an owner or

operator determines that revised procedures or cost estimates are

necessary in order to comply with the minimum required activities for the

site, the owner or operator shall submit, as applicable, an amended site

classification plan or associated budget plan for review by the Agency.

The Agency shall have the authority to review and approve, reject, or

require modification of the amended plan or budget plan in accordance

with the procedures contained in Subpart E of this Part.

BOARD NOTE: Owners or operators proceeding under subsection (a)(2) or (j) of

this Section are advised that they may not be entitled to full payment from the

Fund and that applications for payment must be submitted no later than one year

after the date the Agency issues a No Further Remediation Letter. Furthermore,

owners or operators may only be reimbursed for one method of site classification.

See Subpart F of this Part.

Owners and operators are also advised that the total payment from the Fund for

all corrective action plans and associated budget plans submitted by an owner or

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

(Source: Amended at 30 Ill. Reg. 4928, effective March 1, 2006)

SUBPART D: CORRECTIVE ACTION

Section 732.400

General

Following approval of the site evaluation and classification by the Agency

pursuant to Subpart C of this Part and except as provided in subsection (b)

or (c) of this Section, the owner or operator of a UST system subject to the

requirements of this Part shall develop and submit a corrective action plan

and perform corrective action activities in accordance with the procedures

and requirements contained in this Subpart D.

Owners or operators of sites classified in accordance with the

requirements of Subpart C as No Further Action may choose to conduct

remediation sufficient to satisfy the remediation objectives referenced in

Section 732.408 of this Part.

Owners or operators of sites classified in accordance with the

requirements of Subpart C as Low Priority may choose to conduct

remediation sufficient to satisfy the remediation objectives referenced in

Section 732.408 of this Part. Any owner or operator choosing to conduct

remediation sufficient to satisfy the remediation objectives in Section

732.408 of this Part shall so notify the Agency in writing prior to

conducting such efforts. Upon completion of the remediation activities,

owners or operators choosing to conduct remediation sufficient to satisfy

the remediation objectives in Section 732.408 of this Part shall submit a

corrective action completion report to the Agency demonstrating

compliance with the required levels. Upon approval of the corrective

action completion report by the Agency in accordance with Subpart E, a

No Further Remediation Letter shall be issued by the Agency.

BOARD NOTE: Owners or operators proceeding under subsection (b) or (c) of

this Section are advised that they may not be entitled to full payment from the

Fund. See Subpart F of this Part.

(Source: Amended at 30 Ill. Reg. 4928, effective March 1, 2006)

Section 732.401 Agency Authority to Initiate

Pursuant to Sections 732.100 or 732.105 of this Part, the Agency shall have the authority

to require or initiate corrective action activities in accordance with the remainder of this

Subpart D.

Section 732.402

No Further Action Site

The owner or operator of a site that has been certified as a No Further Action site by a

Licensed Professional Engineer or Licensed Professional Geologist and approved as such

by the Agency shall have no additional remediation responsibilities beyond those

performed pursuant to Subpart B or C of this Part. If the Agency fails to approve, reject

or modify the site classification completion report within 120 days after receipt of the

completion report pursuant to Section 732.309 or Section 732.312, the site classification

completion report is rejected by operation of law.

(Source: Amended at 30 Ill. Reg. 4928, effective March 1, 2006)

Section 732.403

Low Priority Site

The owner or operator of a site that has been certified as a Low Priority

site by a Licensed Professional Engineer or Licensed Professional

Geologist and approved as such by the Agency shall develop a

groundwater monitoring plan and perform groundwater monitoring in

accordance with the requirements of this Section.

The owner or operator shall develop a groundwater monitoring plan

designed to satisfy the following requirements at a minimum:

Groundwater monitoring shall be conducted for a period of three

years following the Agency's approval of the site classification,

unless subsection (b)(6) or subsection (i) of this Section applies;

Groundwater monitoring wells shall be placed at the property line

or 200 feet from the UST system, whichever is closer. The wells

shall be placed in a configuration designed to provide the greatest

likelihood of detecting migration of groundwater contamination.

In the event that a groundwater monitoring well cannot physically

be installed at the property line or 200 feet from the UST system,

whichever is closer, in accordance with this subsection (b)(2), the

owner or operator shall request approval from the Agency to place

the well further out, but at the closest practical point to the

compliance point. The owner or operator may elect to place a

monitoring well in a location that is closer to the UST system than

the rule requires. However, once the election is made the owner or

operator may not withdraw the election at a later time;

Groundwater monitoring wells shall satisfy the requirements at

Section 732.307(j)(3) and (4) of this Part;

During the first year of groundwater monitoring, samples from

each well shall be collected and analyzed on a quarterly basis.

During the second year of groundwater monitoring, samples from

each well shall be collected and analyzed during the second and

fourth quarters. During the third and final year of groundwater

monitoring, at a minimum, samples from each well shall be

collected and analyzed in the fourth quarter;

To determine whether groundwater remediation objectives have

been exceeded, samples for groundwater monitoring shall be

collected and analyzed in accordance with the procedures set forth

in Section 732.307(j)(5) of this Part for the applicable indicator

contaminants determined pursuant to Section 732.310 of this Part;

The owner or operator may use groundwater monitoring data that

has been collected up to 3 years prior to the site being certified as

Low Priority, if the data meets the requirements of subsections

(b)(2) through (b)(5) of this Section. This data may be used to

satisfy all or part of the three year period of groundwater

monitoring required under this Section.

Prior to the implementation of groundwater monitoring, except as

provided under subsection (b)(6) of this Section, the owner or operator

shall submit the groundwater monitoring plan to the Agency for review in

accordance with Section 732.405 of this Part. If the owner or operator

intends to seek payment from the Fund, a groundwater monitoring budget

plan also shall be submitted to the Agency for review.

Groundwater analysis results obtained pursuant to subsection (b) of this

Section shall be submitted to the Agency within 30 days after the end of

each annual sampling period, except as provided under subsection (b)(6)

of this Section. Groundwater analysis data being used pursuant to

subsection (b)(6) shall be submitted to the Agency as part of a Low

Priority groundwater monitoring plan or the Low Priority groundwater

monitoring completion report.

The information to be collected shall include, but not be limited to,

the information set forth in Section 732.307(j)(5) of this Part.

If at any time the groundwater analysis results indicate a confirmed

exceedence of the applicable indicator contaminant groundwater

remediation objectives as a result of the underground storage tank

release of petroleum, the owner or operator shall notify the Agency

of the exceedence within 30 days and provide supporting

documentation of the nature and extent of the exceedence.

Indicator contaminant groundwater remediation objectives shall be

determined in accordance with Section 732.311 of this Part.

Within 30 days after the completion of the Low Priority groundwater

monitoring plan, the owner or operator shall submit to the Agency a

groundwater monitoring completion report in accordance with Section

732.409 of this Part. If there is no confirmed exceedence of applicable

indicator contaminant objectives during the three year groundwater

monitoring period, the report shall contain a certification to that effect by

a Licensed Professional Engineer or Licensed Professional Geologist.

The Agency shall review the groundwater monitoring completion report in

accordance with the procedures set forth in Subpart E of this Part and shall

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

accordance with Subpart G of this Part upon approval of the report by the

Agency. If the owner or operator elects to appeal an Agency action to

disapprove, modify, or reject by operation of law a Low Priority

groundwater monitoring completion report, the Agency shall indicate to

the Board in conjunction with such appeal whether it intends to reclassify

the site as High Priority.

If at any time groundwater analysis results indicate a confirmed

exceedence of applicable indicator contaminant objectives, the Agency

may reclassify the site as a High Priority site any time before the Agency's

final approval of a Low Priority groundwater monitoring completion

report. The Agency shall notify the owner or operator in writing if a site

is reclassified. Notice of reclassification shall be by registered or certified

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

Final action shall be deemed to have taken place on the post marked date

that such notice is mailed. Any action by the Agency to reclassify the site

as a High Priority site shall be subject to appeal to the Board within 35

days after the Agency's final action in the manner provided for in the

review of permit decisions in Section 40 of the Act.

The owner or operator of a Low Priority site reclassified to High Priority

pursuant to subsection (g) of this Section shall develop and submit for

Agency approval a High Priority corrective action plan satisfying the

requirements of Section 732.404 of this Part within 120 days after

receiving the notice of reclassification. If the owner or operator intends to

seek payment from the Fund, a corrective action budget plan also shall be

submitted within 120 days after receiving the notice of reclassification.

As a result of the demonstration under Section 732.307(j)(6), the owner or

operator of a site classified as Low Priority by a Licensed Professional

Engineer or Licensed Professional Geologist shall prepare a report in

accordance with Section 732.409 of this Part, that supports the issuance of

a No Further Remediation Letter or reclassification of the site as a High

Priority site. In the event the site is reclassified as a High Priority site, the

owner or operator shall develop and submit for Agency approval a High

Priority corrective action plan in accordance with subsection (h) of this

Section.

(Source: Amended at 30 Ill. Reg. 4928, effective March 1, 2006)

Section 732.404

High Priority Site

The owner or operator of a site classified as High Priority shall develop a

corrective action plan and perform corrective action in accordance with

the requirements of this Section. The purpose of the corrective action plan

shall be to remediate or eliminate each of the criteria set forth in

subsection (b) of this Section that caused the site to be classified as High

Priority.

The owner or operator shall develop a corrective action plan based on site

conditions and designed to achieve the following as applicable to the site:

For sites that have submitted a site classification report under

Section 732.309, provide that:

After complete performance of the corrective action plan,

applicable indicator contaminants identified in the

groundwater investigation are not present in groundwater,

as a result of the underground storage tank release, in

concentrations exceeding the remediation objectives

referenced in Section 732.408 of this Part at the property

boundary line or 200 feet from the UST system, whichever

is less;

After complete performance of the corrective action plan,

Class III special resource groundwater quality standards for

Class III special resource groundwater within 200 feet of

the UST system are not exceeded as a result of the

underground storage tank release for any indicator

contaminant identified in the groundwater investigation;

After complete performance of the corrective action plan,

remediation of contamination in natural or man-made

exposure pathways as a result of the underground storage

tank release has been conducted in accordance with 35 Ill.

Adm. Code 742;

Threats to potable water supplies are remediated; and

Threats to bodies of surface water are remediated.

For sites that have submitted a site classification completion report

under Section 732.312 of this Part, provide that, after complete

performance of the corrective action plan, the concentrations of

applicable indicator contaminants meet the remediation objectives

developed under Section 732.408 for any applicable exposure

route not excluded from consideration under Section 732.312.

The owner or operator is not required to perform corrective action on an

adjoining or off-site property to meet the requirements of this Section,

even where complete performance of the corrective action plan under

subsection (b)(1) or (b)(2) of this Section would otherwise require such

off-site action, if the Agency determines that the owner or operator is

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

accordance with the requirements of Section 732.411 of this Part.

In developing the corrective action plan, if the Licensed Professional

Engineer or Licensed Professional Geologist selects soil or groundwater

remediation, or both, to satisfy any of the criteria set forth in subsection

(b) of this Section, remediation objectives shall be determined in

accordance with Section 732.408 of this Part. Groundwater monitoring

wells shall satisfy the requirements of Section 732.307(j)(3) and (4) of this

Part.

Except where provided otherwise pursuant to Section 732.312 of this Part,

in developing the corrective action plan, additional investigation activities

beyond those required for the site evaluation and classification may be

necessary to determine the full extent of soil or groundwater

contamination and of threats to human health or the environment. Such

activities may include, but are not limited to, additional soil borings with

sampling and analysis or additional groundwater monitoring wells with

sampling and analysis. Such activities as are technically necessary and

consistent with generally accepted engineering practices may be

performed without submitting a work plan or receiving prior approval

from the Agency, and associated costs may be included in a High Priority

corrective action budget plan. A description of these activities and the

results shall be included as a part of the corrective action plan.

In addition to the potable water supply wells identified pursuant to

Section 732.307(f) of this Part, the owner or operator must extend

the water supply well survey if soil or groundwater contamination

exceeding the Tier 1 groundwater ingestion exposure route

remediation objectives of 35 Ill. Adm. Code 742 for the applicable

indicator contaminants extends beyond the site’s property

boundary, or, as part of a corrective action plan, the owner or

operator proposes to leave in place soil or groundwater

contamination exceeding the Tier 1 groundwater ingestion

exposure route remediation objectives of 35 Ill. Adm. Code 742

for the applicable indicator contaminants and contamination

exceeding such objectives is modeled to migrate beyond the site’s

property boundary. At a minimum, the extended water supply well

survey must identify the following:

All potable water supply wells located within 200 feet, and

all community water supply wells located within 2,500

feet, of the current or modeled extent of soil or

groundwater contamination exceeding the Tier 1

groundwater ingestion exposure route remediation

objectives of 35 Ill. Adm. Code 742 for the applicable

indicator contaminants; and

All regulated recharge areas and wellhead protection areas

in which the current or modeled extent of soil or

groundwater contamination exceeding the Tier 1

groundwater ingestion exposure route remediation

objectives of 35 Ill. Adm. Code 742 for the applicable

indicator contaminants is located.

The Agency may require additional investigation of potable water

supply wells, regulated recharge areas, or wellhead protection

areas if site-specific circumstances warrant. Such circumstances

must include, but is not limited to, the existence of one or more

parcels of property within 200 feet of the current or modeled extent

of soil or groundwater contamination exceeding the Tier 1

groundwater ingestion exposure route remediation objectives of 35

Ill. Adm. Code 742 for the applicable indicator contaminants

where potable water is likely to be used, but that is not served by a

public water supply or a well identified pursuant to Section

732.307(f)(1) of this Part or subsection (e)(1) of this Section. The

additional investigation may include, but is not limited to, physical

well surveys (e.g., interviewing property owners, investigating

individual properties for wellheads, distributing door hangers or

other material that requests information about the existence of

potable wells on the property, etc.).

The owner or operator shall submit the corrective action plan to the

Agency for review in accordance with Section 732.405 of this Part. If the

owner or operator intends to seek payment from the Fund, a corrective

action budget plan also shall be submitted to the Agency for review.

Within 30 days after completing the performance of the High Priority

corrective action plan, the owner or operator shall submit to the Agency a

corrective action completion report in accordance with Section 732.409 of

this Part.

Within 120 days, the Agency shall review the corrective action completion

report in accordance with the procedures set forth in Subpart E of this Part

and shall issue a No Further Remediation Letter to the owner or operator

in accordance with Subpart G of this Part upon approval by the Agency.

(Source: Amended at 30 Ill. Reg. 4928, effective March 1, 2006)

Section 732.405

Plan Submittal and Review

Prior to conducting any corrective action activities pursuant to this

Subpart D, the owner or operator shall submit to the Agency a Low

Priority groundwater monitoring plan or a High Priority corrective action

plan satisfying the minimum requirements for such activities as set forth in

Section 732.403 or 732.404 of this Part, as applicable.

In addition to the plans required in subsections (a), (e), and (f) of this

Section and prior to conducting any groundwater monitoring or corrective

action activities, any owner or operator intending to seek payment from

the Fund shall submit to the Agency a groundwater monitoring or

corrective action budget plan with the corresponding groundwater

monitoring or corrective action plan. Such budget plans shall include, but

is not limited to, a copy of the eligibility and deductibility determination

of the OSFM and an estimate of all costs associated with the development,

implementation and completion of the applicable activities, excluding

handling charges. Formulation of budget plans should be consistent with

the eligible and ineligible costs listed at Sections 732.605 and 732.606 of

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

Part. As part of the budget plan the Agency may require a comparison

between the costs of the proposed method of remediation and other

methods of remediation.

The Agency shall have the authority to review and approve, reject or

require modification of any plan or budget plan submitted pursuant to this

Section in accordance with the procedures contained in Subpart E of this

Part.

Notwithstanding subsections (a), (b), (e), and (f) of this Section and except

as provided at Section 732.407 of this Part, an owner or operator may

proceed to conduct Low Priority groundwater monitoring or High Priority

corrective action activities in accordance with this Subpart D prior to the

submittal or approval of an otherwise required groundwater monitoring

plan or budget plan or corrective action plan or budget plan. However,

any such plan and budget plan shall be submitted to the Agency for review

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

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

or the issuance of a No Further Remediation Letter.

BOARD NOTE: Owners or operators proceeding under subsection (d) of

this Section are advised that they may not be entitled to full payment from

the Fund. Furthermore, applications for payment must be submitted no

later than one year after the date the Agency issues a No Further

Remediation Letter. See Subpart F of this Part.

If, following approval of any groundwater monitoring plan, corrective

action plan or associated budget plan, an owner or operator determines

that revised procedures or cost estimates are necessary in order to comply

with the minimum required activities for the site, the owner or operator

shall submit, as applicable, an amended groundwater monitoring plan,

corrective action plan or associated budget plan for review by the Agency.

The Agency shall review and approve, reject, or require modifications of

the amended plan or budget plan in accordance with the procedures

contained in Subpart E of this Part.

If the Agency determines any approved corrective action plan has not

achieved applicable remediation objectives within a reasonable time,

based upon the method of remediation and site specific circumstances, the

Agency may require the owner or operator to submit a revised corrective

action plan. If the owner or operator intends to seek payment from the

Fund, the owner or operator must also submit a revised budget plan. Any

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

to this subsection (f) shall be subject to appeal to the Board within 35 days

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

permit decisions in Section 40 of the Act.

BOARD NOTE: Owners and operators are advised that the total payment from

the Fund for all groundwater monitoring plans and associated budget plans, and

for all corrective action plans and associated budget plans, submitted by an owner

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

(Source: Amended at 30 Ill. Reg. 4928, effective March 1, 2006)

Section 732.406

Deferred Corrective Action; Priority List for Payment

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

submitted pursuant to this Part and who is eligible for payment from the

underground storage tank fund may elect to defer site classification, low

priority groundwater monitoring, or remediation activities until funds are

available in an amount equal to the amount approved in the budget plan if

the requirements of subsection (b) of this Section are met.

Approvals of budget plans shall be pursuant to Agency review in

accordance with Subpart E of this Part.

The Agency shall monitor the availability of funds and shall

provide notice of insufficient funds to owners or operators in

accordance with Section 732.503(g) of this Part.

Owners and operators must submit elections to defer low priority

groundwater monitoring or high priority corrective action activities

on forms prescribed and provided by the Agency and, if specified

by the Agency by written notice, in an electronic format. The

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

unless a contrary date is proven by a dated, signed receipt from

certified or registered mail.

The Agency must review elections to defer low priority

groundwater monitoring or high priority corrective action activities

to determine whether the requirements of subsection (b) of this

Section are met. The Agency must notify the owner or operator in

writing of its final action on any such election. If the Agency fails

to notify the owner or operator of its final action within 120 days

after its receipt of the election, the owner or operator may deem the

election rejected by operation of law.

The Agency must mail notices of final action on an election

to defer by registered or certified mail, postmarked with a

date stamp and with return receipt requested. Final action

must be deemed to have taken place on the post marked

date that such notice is mailed.

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

rejection of an election by the Agency’s failure to act, is

subject to appeal to the Board within 35 days after the

Agency’s final action in the manner provided for the

review of permit decisions in Section 40 of the Act.

Upon approval of an election to defer low priority groundwater

monitoring or high priority corrective action activities until funds

are available, the Agency shall place the site on a priority list for

payment and notification of availability of sufficient funds. Sites

shall enter the priority list for payment and move up based solely

on the date the Agency receives a complete written election of

deferral, with the earliest dates having the highest priority.

As funds become available the Agency shall encumber funds for

each site in the order of priority in an amount equal to the total of

the approved budget plan for which deferral was sought. The

Agency shall then notify owners or operators that sufficient funds

have been allocated for the owner's or operator's site. After such

notification the owner or operator shall commence corrective

action.

Authorization of payment of encumbered funds for deferred low

priority groundwater monitoring or high priority corrective action

activities shall be approved in accordance with the requirements of

Subpart F of this Part.

The priority list for payment and notification of availability of

sufficient funds shall be the same as that used for deferred site

classification pursuant to Section 732.306 of this Part with both

types of deferrals entering the list and moving up solely on the

basis of the date the Agency receives written notice of the deferral.

An owner or operator who elects to defer low priority groundwater

monitoring or high priority corrective action activities under subsection

(a) of this Section shall submit a report certified by a Licensed

Professional Engineer or Licensed Professional Geologist demonstrating

the following:

The Agency has approved the owner’s or operator’s low priority

groundwater monitoring or high priority corrective action budget

plan;

The owner or operator has been determined eligible to seek

payment from the Fund;

The early action requirements of Subpart B of this Part have been

met;

Groundwater contamination does not exceed the Tier 1

groundwater ingestion exposure route remediation objectives of 35

Ill. Adm. Code 742 for the applicable indicator contaminants as a

result of the release, modeling in accordance with 35 Ill. Adm.

Code 742 shows that groundwater contamination will not exceed

such Tier 1 remediation objectives as a result of the release, and no

potable water supply wells are impacted as a result of the release;

and

Soil contamination exceeding the Tier 1 groundwater ingestion

exposure route remediation objectives of 35 Ill. Adm. Code 742

for the applicable indicator contaminants does not extend beyond

the site’s property boundary and is not located within a regulated

recharge area, a wellhead protection area, or the setback zone of a

potable water supply well. Documentation to demonstrate that this

subsection (b)(5) is satisfied must include, but is not limited to, the

results of a water supply well survey conducted in accordance with

Section 732.307(f) of this Part.

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

priority groundwater monitoring or high priority corrective action

activities. The owner or operator must notify the Agency in writing of the

withdrawal. Upon such withdrawal, the owner or operator shall proceed

with corrective action in accordance with the requirements of this Part.

(Source: Amended at 30 Ill. Reg. 4928, effective March 1, 2006)

Section 732.407

Alternative Technologies

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

corrective action in response to a release of petroleum at a High Priority

site. Corrective action plans proposing the use of alternative technologies

shall be submitted to the Agency in accordance with Section 732.405 of

this Part. In addition to the requirements for corrective action plans

contained in Section 732.404, the owner or operator who seeks approval

of an alternative technology shall submit documentation along with the

corrective action plan demonstrating that:

The proposed alternative technology has a substantial likelihood of

successfully achieving compliance with all applicable regulations

and all corrective action remediation objectives necessary to

comply with the Act and regulations and to protect human health

or the environment;

The proposed alternative technology will not adversely affect

human health or the environment;

The owner or operator will obtain all Agency permits necessary to

legally authorize use of the alternative technology;

The owner or operator will implement a program to monitor

whether the requirements of subsection (a)(1) of this Section have

been met; and

Within one year from the date of Agency approval the owner or

operator will provide to the Agency monitoring program results

establishing whether the proposed alternative technology will

successfully achieve compliance with the requirements of

subsection (a)(1) of this Section and any other applicable

regulations. The Agency may require interim reports as necessary

to track the progress of the alternative technology. The Agency

will specify in the approval when those interim reports shall be

submitted to the Agency.

An owner or operator intending to seek payment for costs associated with

the use of an alternative technology shall submit a corresponding budget

plan in accordance with Section 732.405 of this Part. In addition to the

requirements for corrective action budget plans at Section 732.404 of this

Part, the budget plan must demonstrate that the cost of the alternative

technology will not exceed the cost of conventional technology and is not

substantially higher than other available alternative technologies. The

budget plan must compare the costs of at least two other alternative

technologies to the costs of the proposed alternative technology, if other

alternative technologies are available and are technically feasible.

If an owner or operator has received approval of a corrective action plan

and associated budget plan from the Agency prior to implementing the

plan and the alternative technology fails to satisfy the requirements of

subsection (a)(1) or (a)(2) of this Section, such failure shall not make the

owner or operator ineligible to seek payment for the activities associated

with the subsequent performance of a corrective action using conventional

technology. However, in no case shall the total payment for the site

exceed the statutory maximums. Owners or operators implementing

alternative technologies without obtaining pre-approval shall be ineligible

to seek payment for the subsequent performance of a corrective action

using conventional technology.

The Agency may require remote monitoring of an alternative technology.

The monitoring may include, but is not limited to, monitoring the

alternative technology’s operation and progress in achieving the

applicable remediation objectives.

(Source: Amended at 30 Ill. Reg. 4928, effective March 1, 2006)

Section 732.408

Remediation Objectives

For sites requiring High Priority corrective action or for which the owner or operator has

elected to conduct corrective action pursuant to Section 732.300(b), 732.400(b) or

732.400(c) of this Part, the owner or operator shall propose remediation objectives for

applicable indicator contaminants in accordance with 35 Ill. Adm. Code 742. Owners

and operators seeking payment from the Fund that perform on-site corrective action in

accordance with Tier 2 remediation objectives of 35 Ill. Adm. Code 742 must determine

the following parameters on a site-specific basis:

Hydraulic conductivity (K)

Soil bulk density (ρ

)

Soil particle density (ρ

)

Moisture content (w)

Organic carbon content (f

)

Board Note: Failure to use site-specific remediation objectives on-site and to utilize

available groundwater ordinances as institutional controls may result in certain corrective

action costs being ineligible for payment from the Fund. See Section 732.606(ddd) and

(eee) of this Part.

(Source: Amended at 30 Ill. Reg. 4928, effective March 1, 2006)

Section 732.409

Groundwater Monitoring and Corrective Action Completion

Reports

Within 30 days after completing the performance of a Low Priority

groundwater monitoring plan or High Priority corrective action plan, the

owner or operator shall submit to the Agency a groundwater monitoring

completion report or a corrective action completion report.

The Low Priority groundwater monitoring completion report shall

include, but is not limited to, a narrative describing the

implementation and completion of all elements of the groundwater

monitoring plan and the procedures used for collection and

analysis of samples, analytical results in tabular form, actual

analytical results, laboratory certification and any other

information or documentation relied upon by the Licensed

Professional Engineer or Licensed Professional Geologist in

reaching the conclusion that the requirements of the Act and

regulations have been satisfied and that no further remediation is

required at the site.

The High Priority corrective action completion report shall

include, but is not limited to, a narrative and timetable describing

the implementation and completion of all elements of the

corrective action plan and the procedures used for the collection

and analysis of samples, soil boring logs, actual analytical results,

laboratory certification, site maps, well logs, and any other

information or documentation relied upon by the Licensed

Professional Engineer in reaching the conclusion that the

requirements of the Act and regulations have been satisfied and

that no further remediation is required at the site. Documentation

of any water supply well survey conducted pursuant to Section

732.404(e) of this Part must include, but is not limited to, the

following:

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

following:

The location of the community water supply wells

and other potable water supply wells identified

pursuant to Section 732.404(e) of this Part, and the

setback zone for each well;

ii)

The location and extent of regulated recharge areas

and wellhead protection areas identified pursuant to

Section 732.404(e) of this Part;

iii)

The current extent of groundwater contamination

exceeding the Tier 1 groundwater ingestion

exposure route remediation objectives of 35 Ill.

Adm. Code 742 for the applicable indicator

contaminants; and

iv)

The modeled extent of groundwater contamination

exceeding the Tier 1 groundwater ingestion

exposure route remediation objectives of 35 Ill.

Adm. Code 742 for the applicable indicator

contaminants.

One or more tables listing the setback zones for each

community water supply well and other potable water

supply wells identified pursuant to Section 732.404(e) of

this Part;

A narrative that, at a minimum, identifies each entity

contacted to identify potable water supply wells pursuant to

Section 732.404(e) of this Part, the name and title of each

person contacted at each entity, and field observations

associated with the identification of potable water supply

wells; and

A certification from a Licensed Professional Engineer or

Licensed Professional Geologist that the water supply well

survey was conducted in accordance with the requirements

of Section 732.404(e) of this Part and that the

documentation submitted pursuant to this Section includes

the information obtained as a result of the survey.

A High Priority corrective action completion report shall

demonstrate the following:

For sites submitting a site classification report under

Section 732.309 of this Part:

Applicable indicator contaminant groundwater

objectives are not exceeded at the property

boundary line or 200 feet from the UST system,

whichever is less, as a result of the release of

petroleum for any indicator contaminant identified

during the groundwater investigation;

ii)

Class III resource groundwater quality standards for

Class III special use resource groundwater within

200 feet of the UST system are not exceeded as a

result of the release of petroleum for any indicator

contaminant identified during the groundwater

investigation;

iii)

The release of petroleum does not threaten human

health or human safety due to the presence or

migration, through natural or manmade pathways,

of petroleum in concentration sufficient to harm

human health or human safety or to cause

explosions in basements, crawl spaces, utility

conduits, storm or sanitary sewers, vaults or other

confined spaces;

iv)

The release of petroleum does not threaten any

surface water body; and

The release of petroleum does not threaten any

potable water supply.

For sites submitting a site classification completion report

under Section 732.312 of this Part, the concentrations of

applicable indicator contaminants meet the remediation

objectives developed under Section 732.408 of this Part for

any applicable exposure route not excluded from further

consideration under Section 732.312 of this Part.

The applicable report shall be accompanied by a certification from a

Licensed Professional Engineer, in accordance with subsection (a) of this

Section, that the information presented in the applicable report is accurate

and complete, that groundwater monitoring or corrective action have been

completed in accordance with the requirements of the Act and this Subpart

D, and that no further remediation is required at the site.

The Agency shall have the authority to review and approve, reject or

require modification of any report submitted pursuant to this Section in

accordance with the procedures contained in Subpart E of this Part.

(Source: Amended at 30 Ill. Reg. 4928, effective March 1, 2006)

Section 732.410 "No Further Remediation” letter (Repealed)

(Source: Repealed at 21 Ill. Reg. 3617, effective July 1, 1997)

Section 732.411

Off-site Access

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

of Section 732.404(c) of this Part must demonstrate compliance with the

requirements of this Section.

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

must, at a minimum, send a letter by certified mail to the owner of any off-

site property to which access is required, stating:

Citation to Title XVI of the Act stating the legal responsibility of

the owner or operator to remediate the contamination caused by

the release;

That, if the property owner denies access to the owner or operator,

the owner or operator may seek to gain entry by a court order

pursuant to Section 22.2c of the Act;

That, in performing the requested investigation, the owner or

operator will work so as to minimize any disruption on the

property, will maintain, or its consultant will maintain, appropriate

insurance and will repair any damage caused by the investigation;

If contamination results from a release by the owner or operator,

the owner or operator will conduct all associated remediation at its

own expense;

That threats to human health and the environment and diminished

property value may result from failure to remediate contamination

from the release; and

A reasonable time to respond to the letter, not less than 30 days.

An owner or operator, in demonstrating that the requirements of this

Section have been met, must provide to the Agency, as part of the

corrective action completion report, the following documentation:

A sworn affidavit, signed by the owner or operator identifying the

specific off-site property involved by address, the measures

proposed in the corrective action plan that require off-site access,

and the efforts taken to obtain access, and stating that the owner or

operator has been unable to obtain access despite the use of best

efforts; and

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

property pursuant to subsection (b) of this Section.

In determining whether the efforts an owner or operator has made

constitute best efforts to obtain access, the Agency must consider the

following factors:

The physical and chemical characteristics, including toxicity,

persistence and potential for migration, of applicable indicator

contaminants at the property boundary line;

The hydrogeological characteristics of the site and the surrounding

area, including the attenuation capacity and saturation limits of the

soil at the property boundary line;

The nature and extent of known contamination at the site,

including the levels of applicable indicator contaminants at the

property boundary line;

The potential effects of residual contamination on nearby surface

water and groundwater;

The proximity, quality and current and future uses of nearby

surface water and groundwater, including regulated recharge areas,

wellhead protection areas, and setback zones of potable water

supply wells;

Any known or suspected natural or man-made migration pathways

existing in or near the suspected area of off-site contamination;

The nature and use of the part of the off-site property that is the

suspected area of contamination;

Any existing on-site engineered barriers or institutional controls

that might have an impact on the area of suspected off-site

contamination, and the nature and extent of such impact; and

Any other applicable information assembled in compliance with

this Part.

The Agency shall issue a No Further Remediation Letter to an owner or

operator subject to this Section and otherwise entitled to such issuance

only if the owner or operator has, in accordance with this Section, either

completed any requisite off-site corrective action or demonstrated to the

Agency’s satisfaction an inability to obtain off-site access despite best

efforts.

The owner or operator is not relieved of responsibility to clean up a

release that has migrated beyond the property boundary even where off-

site access is denied.

(Source: Amended at 30 Ill. Reg. 4928, effective March 1, 2006)

SUBPART E: SELECTION AND REVIEW PROCEDURES FOR PLANS AND

REPORTS

Section 732.500

General

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

any amended plan, budget plan, or report, submitted pursuant to this Part. All such

reviews shall be subject to the procedures set forth in the Act and this Subpart E.

(Source: Amended at 30 Ill. Reg. 4928, effective March 1, 2006)

Section 732.501

Submittal of Plans or Reports (Repealed)

(Source: Repealed at 30 Ill. Reg. 4928, effective March 1, 2006)

Section 732.502

Completeness Review (Repealed)

(Source: Repealed at 30 Ill. Reg. 4928, effective March 1, 2006)

Section 732.503

Review of Plans, Budget Plans, or Reports

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

both, relied upon by the owner or operator or the Licensed Professional

Engineer or Licensed Professional Geologist in developing any plan,

budget plan, or report selected for review. The Agency may also review

any other plans, budget plans, or reports submitted in conjunction with the

site.

The Agency shall have the authority to approve, reject or require

modification of any plan, budget plan, or report it reviews. The Agency

shall notify the owner or operator in writing of its final action on any such

plan, budget plan, or report, except in the case of 20 day, 45 day or free

product removal reports, in which case no notification is necessary.

Except as provided in subsections (c) and (d) of this Section, if the

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

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

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

report rejected by operation of law. If the Agency rejects a plan, budget

plan, or report or requires modifications, the written notification shall

contain the following information, as applicable:

An explanation of the specific type of information, if any, that the

Agency needs to complete the review;

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

be violated if the plan, budget plan, or report is approved; and

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

or regulations may be violated if the plan, budget plan, or report is

approved.

For High Priority corrective action plans submitted by owners or operators

not seeking payment from the Fund, the Agency may delay final action on

such plans until 120 days after it receives the corrective action completion

report required pursuant to Section 732.409 of this Part.

An owner or operator may waive the right to a final decision within 120

days after the submittal of a complete plan, budget plan, or report by

submitting written notice to the Agency prior to the applicable deadline.

Any waiver shall be for a minimum of 60 days.

The Agency shall mail notices of final action on plans, budget plans, or

reports by registered or certified mail, post marked with a date stamp and

with return receipt requested. Final action shall be deemed to have taken

place on the post marked date that such notice is mailed.

Any action by the Agency to reject or require modification, or rejection by

failure to act, of a plan, budget plan, or report shall be subject to appeal to

the Board within 35 days after the Agency's final action in the manner

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

In accordance with Sections 732.306 and 732.406 of this Part, upon the

approval of any budget plan by the Agency, the Agency shall include as

part of the final notice to the owner or operator a notice of insufficient

funds if the Fund does not contain sufficient funds to provide payment of

the total costs approved in the budget plan.

(Source: Amended at 30 Ill. Reg. 4928, effective March 1, 2006)

Section 732.504

Selection of Plans or Reports for Full Review (Repealed)

(Source: Repealed at 30 Ill. Reg. 4928, effective March 1, 2006)

Section 732.505 Standards for Review of Plans or Reports

A full technical review shall consist of a detailed review of the steps

proposed or completed to accomplish the goals of the plan and to achieve

compliance with the Act and regulations. Items to be reviewed, if

applicable, shall include, but not be limited to, number and placement of

wells and borings, number and types of samples and analysis, results of

sample analysis, and protocols to be followed in making determinations.

The overall goal of the technical review for plans shall be to determine if

the plan is sufficient to satisfy the requirements of the Act and regulations

and has been prepared in accordance with generally accepted engineering

practices. The overall goal of the technical review for reports shall be to

determine if the plan has been fully implemented in accordance with

generally accepted engineering practices, if the conclusions are consistent

with the information obtained while implementing the plan, and if the

requirements of the Act and regulations have been satisfied.

If the Licensed Professional Engineer certifies that there is no evidence

that, through natural or manmade pathways, migration of petroleum or

vapors threaten human health or human safety or may cause explosions in

basements, crawl spaces, utility conduits, storm or sanitary sewers, vaults

or other confined spaces, the Licensed Professional Engineer’s

certification to that effect shall be presumed correct unless the Agency’s

review reveals objective evidence to the contrary.

A full financial review shall consist of a detailed review of the costs

associated with each element necessary to accomplish the goals of the plan

as required pursuant to the Act and regulations. Items to be reviewed shall

include, but not be limited to, costs associated with any materials,

activities or services that are included in the budget plan. The overall goal

of the financial review shall be to assure that costs associated with

materials, activities and services shall be reasonable, shall be consistent

with the associated technical plan, shall be incurred in the performance of

corrective action activities, and shall not be used for corrective action

activities in excess of those necessary to meet the minimum requirements

of the Act and regulations.

SUBPART F: PAYMENT OR REIMBURSEMENT

Section 732.600 General

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

reimbursement and to authorize payment or reimbursement from the Fund or such other

funds as the legislature directs for corrective action activities conducted pursuant to the

Act and this Part 732. For purposes of this Part and unless otherwise provided, the use of

the word “payment” shall include reimbursement. The submittal and review of

applications for payment and the authorization for payment shall be in accordance with

the procedures set forth in the Act and this Subpart F.

Section 732.601

Applications for Payment

An owner or operator seeking payment from the Fund shall submit to the

Agency an application for payment on forms prescribed and provided by

the Agency and, if specified by the Agency by written notice, in an

electronic format. The owner or operator may submit an application for

partial payment or final payment. Costs for which payment is sought must

be approved in a budget plan, provided, however, that no budget plan shall

be required for early action activities conducted pursuant to Subpart B of

this Part other than free product removal activities conducted more than

45 days after confirmation of the presence of free product.

A complete application for payment shall consist of the following

elements:

A certification from a Licensed Professional Engineer or a

Licensed Professional Geologist acknowledged by the owner or

operator that the work performed has been in accordance with a

technical plan approved by the Agency or, for early action

activities, in accordance with Subpart B of this Part;

A statement of the amounts approved in the corresponding budget

plan and the amounts actually sought for payment along with a

certified statement by the owner or operator that the amounts so

sought have been expended in conformance with the elements of a

budget plan approved by the Agency;

A copy of the OSFM or Agency eligibility and deductibility

determination;

Proof that approval of the payment requested will not exceed the

limitations set forth in the Act and Section 732.604 of this Part;

A federal taxpayer identification number and legal status

disclosure certification;

A private insurance coverage form;

A minority/women’s business form;

Designation of the address to which payment and notice of final

action on the application for payment are to be sent;

An accounting of all costs, including but not limited to, invoices,

receipts, and supporting documentation showing the dates and

descriptions of the work performed; and

10)

Proof of payment of subcontractor costs for which handling

charges are requested. Proof of payment may include cancelled

checks, lien waivers, or affidavits from the subcontractor.

The address designated on the application for payment may be changed

only by subsequent notification to the Agency, on a form provided by the

Agency, of a change in address.

Applications for payment and change of address forms shall be mailed or

delivered to the address designated by the Agency. The Agency's record

of the date of receipt shall be deemed conclusive unless a contrary date is

proven by a dated, signed receipt from certified or registered mail.

Applications for partial or final payment may be submitted no more

frequently than once every 90 days.

Except for applications for payment for costs of early action conducted

pursuant to Subpart B of this Part, other than costs associated with free

product removal activities conducted more than 45 days after confirmation

of the presence of free product, in no case shall the Agency review an

application for payment unless there is an approved budget plan on file

corresponding to the application for payment.

In no case shall the Agency authorize payment to an owner or operator in

amounts greater than the amounts approved by the Agency in a

corresponding budget plan. Revised cost estimates or increased costs

resulting from revised procedures must be submitted to the Agency for

review in accordance with Subpart E of this Part using amended budget

plans as required under this Part.

Applications for payment of costs associated with site classification may

not be submitted prior to approval or modification of the site classification

completion report.

Applications for payment of costs associated with site classification, low

priority groundwater monitoring, or high priority corrective action that

was deferred pursuant to Section 732.306 or 732.406 of this Part may not

be submitted prior to approval or modification of the corresponding site

classification completion report, low priority groundwater monitoring

completion report, or high priority corrective action completion report.

All applications for payment of corrective action costs must be submitted

no later than one year after the date the Agency issues a No Further

Remediation Letter pursuant to Subpart G of this Part. For releases for

which the Agency issued a No Further Remediation Letter prior to March

1, 2006, all applications for payment must be submitted no later than

March 1, 2007.

(Source: Amended at 30 Ill. Reg. 4928, effective March 1, 2006)

Section 732.602

Review of Applications for Payment

At a minimum, the Agency must review each application for payment

submitted pursuant to this Part to determine the following:

whether the application contains all of the elements and supporting

documentation required by Section 732.601(b) of this Part;

for costs incurred pursuant to Subpart B of this Part, other than

free product removal activities conducted more than 45 days after

confirmation of the presence of free product, whether the amounts

sought are reasonable, and whether there is sufficient

documentation to demonstrate that the work was completed in

accordance with the requirements of this Part;

for costs incurred pursuant to Subpart C of this Part and free

product removal activities conducted more than 45 days after

confirmation of the presence of free product, whether the amounts

sought exceed the amounts approved in the corresponding budget

plan, and whether there is sufficient documentation to demonstrate

that the work was completed in accordance with the requirements

of this Part and a plan approved by the Agency; and

Whether the amounts sought are eligible for payment.

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

may require the owner or operator to submit a full accounting supporting

all claims as provided in subsection (c) of this Section.

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

supporting documentation relied upon by the owner or operator in

developing the application for payment, including but not limited to a

review of invoices or receipts supporting all claims. The review also may

include the review of any plans, budget plans, or reports previously

submitted for the site to ensure that the application for payment is

consistent with work proposed and actually performed in conjunction with

the site.

Following a review, the Agency shall have the authority to approve, deny

or require modification of applications for payment or portions thereof.

The Agency shall notify the owner or operator in writing of its final action

on any such application for payment. Except as provided in subsection (e)

of this Section, if the Agency fails to notify the owner or operator of its

final action on an application for payment within 120 days after the receipt

of a complete application for payment, the owner or operator may deem

the application for payment approved by operation of law. If the Agency

denies payment for an application for payment or for a portion thereof or

requires modification, the written notification shall contain the following

information, as applicable:

An explanation of the specific type of information, if any, that the

Agency needs to complete the review;

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

be violated if the application for payment is approved; and

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

or regulations may be violated if the application for payment is

approved.

An owner or operator may waive the right to a final decision within 120

days after the submittal of a complete application for payment by

submitting written notice to the Agency prior to the applicable deadline.

Any waiver shall be for a minimum of 30 days.

The Agency shall mail notices of final action on applications for payment

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

return receipt requested. Final action shall be deemed to have taken place

on the post marked date that such notice is mailed. The Agency shall mail

notices of final action on applications for payment, and direct the

Comptroller to mail payments to the owner or operator, at the address

designated for receipt of payment in the application for payment or on a

change of address form, provided by the Agency, submitted subsequent to

submittal of the application for payment.

Any action by the Agency to deny payment for an application for payment

or portion thereof or to require modification shall be subject to appeal to

the Board within 35 days after the Agency's final action in the manner

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

(Source: Amended at 30 Ill. Reg. 4928, effective March 1, 2006)

Section 732.603

Authorization for Payment; Priority List

Within 60 days after notification to an owner or operator that the

application for payment or a portion thereof has been approved by the

Agency or by operation of law, the Agency shall forward to the Office of

the State Comptroller in accordance with subsection (d) or (e) of this

Section a voucher in the amount approved. If the owner or operator has

filed an appeal with the Board of the Agency's final decision on an

application for payment, the Agency shall have 60 days after the final

resolution of the appeal to forward to the Office of the State Comptroller a

voucher in the amount ordered as a result of the appeal. Notwithstanding

the time limits imposed by this Section, the Agency shall not forward

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

available to issue payment.

The following rules shall apply regarding deductibles:

Any deductible, as determined by the OSFM or the Agency, shall

be subtracted from any amount approved for payment by the

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

Only one deductible shall apply per occurrence;

If multiple incident numbers are issued for a single site in the same

calendar year, only one deductible shall apply for those incidents,

even if the incidents relate to more than one occurrence; and

Where more than one deductible determination is made, the higher

deductible shall apply.

The Agency shall instruct the Office of the State Comptroller to issue

payment to the owner or operator at the address designated in accordance

with Section 732.601(b)(8) or (c) of this Part. In no case shall the Agency

authorize the Office of the State Comptroller to issue payment to an agent,

designee, or entity that has conducted corrective action activities for the

owner or operator.

For owners or operators who have deferred site classification or corrective

action in accordance with Section 732.306 or 732.406 of this Part,

payment shall be authorized from funds encumbered pursuant to Section

732.306(a)(6) or 732.406(a)(6) of this Part upon approval of the

application for payment by the Agency or by operation of law.

For owners or operators not electing to defer site classification or

corrective action in accordance with Section 732.306 or 732.406 of this

Part, the Agency shall form a priority list for payment for the issuance of

vouchers pursuant to subsection (a) of this Section.

All such applications for payment shall be assigned a date that is

the date upon which the complete application for partial or final

payment was received by the Agency. This date shall determine

the owner’s or operator's priority for payment in accordance with

subsection (e)(2) of this Section, with the earliest dates receiving

the highest priority.

Once payment is approved by the Agency or by operation of law

or ordered by the Board or courts, the application for payment

shall be assigned priority in accordance with subsection (e)(1) of

this Section. The assigned date shall be the only factor

determining the priority for payment for those applications

approved for payment.

(Source: Amended at 30 Ill. Reg. 4928, effective March 1, 2006)

Section 732.604

Limitations on Total Payments

Limitations per occurrence:

The Agency must not approve any payment from the Fund to pay

an owner or operator for costs of corrective action incurred by the

owner or operator in an amount in excess of $1,000,000 per

occurrence.

The Agency must not approve any payment from the Fund to pay

an owner or operator for costs of indemnification of the owner or

operator in an amount in excess of $1,000,000 per occurrence.

Aggregate limitations:

Notwithstanding any other provision of this Part, the Agency must

not approve payment to an owner or operator from the Fund for

costs of corrective action or indemnification incurred during a

calendar year in excess of the following amounts based on the

number of petroleum underground storage tanks owned or

operated by the owner or operator in Illinois:

Costs incurred in excess of the aggregate amounts set forth in

subsection (b)(1) of this Section will not be eligible for payment in

subsequent years.

For purposes of

subsection (b) of this Section,

requests submitted by any

of the agencies, departments, boards, committees or commissions of the

State of Illinois shall be acted upon as claims from a single owner or

operator

[415 ILCS 5/57.8(d)(2)].

For purposes of

subsection (b) of this Section,

owner or operator

includes

;

any subsidiary, parent, or joint stock company of the owner or

operator

;

and

any company owned by any parent, subsidiary, or joint stock

company of the owner or operator

[415 ILCS 5/57.8(d)(3)].

(Source: Amended at 30 Ill. Reg. 4928, effective March 1, 2006)

Section 732.605

Eligible Corrective Action Costs

Types of costs that may be eligible for payment from the Fund include

those for corrective action activities and for materials or services provided

or performed in conjunction with corrective action activities. Such

activities and services may include but are not limited to reasonable costs

for:

Early action activities conducted pursuant to Subpart B of this

Part;

Engineer or geologist oversight services;

Remedial investigation and design;

Laboratory services necessary to determine site classification and

whether the established remediation objectives have been met;

The installation and operation of groundwater investigation and

groundwater monitoring wells;

The removal, treatment, transportation, and disposal of soil

contaminated by petroleum at levels in excess of the established

remediation objectives;

The removal, treatment, transportation, and disposal of water

contaminated by petroleum at levels in excess of the established

remediation objectives;

The placement of clean backfill to grade to replace excavated soil

contaminated by petroleum at levels in excess of the established

remediation objectives;

Groundwater corrective action systems;

10)

Alternative technology, including but not limited to feasibility

studies approved by the Agency;

11)

Recovery of free product exceeding one-eighth of an inch in depth

as measured in a groundwater monitoring well, or present as a

sheen on groundwater in the tank removal excavation or on surface

water;

12)

The removal and disposal of any UST if a release of petroleum

from the UST was identified and IEMA was notified prior to its

removal, with the exception of any UST deemed ineligible by the

OSFM;

13)

Costs incurred as a result of a release of petroleum because of

vandalism, theft or fraudulent activity by a party other than an

owner, operator or agent of an owner or operator;

14)

Engineer or geologist costs associated with seeking payment from

the Fund including, but not limited to, completion of an application

for partial or final payment;

15)

Costs associated with obtaining an Eligibility and Deductibility

Determination from the OSFM or the Agency;

16)

Costs for destruction and replacement of concrete, asphalt, or

paving to the extent necessary to conduct corrective action if the

concrete, asphalt, or paving was installed prior to the initiation of

corrective action activities, the destruction and replacement has

been certified as necessary to the performance of corrective action

by a Licensed Professional Engineer, and the destruction and

replacement and its costs are approved by the Agency in writing

prior to the destruction and replacement. The costs for destruction

and replacement of concrete, asphalt, and paving must not be paid

more than once. Costs associated with the replacement of

concrete, asphalt, or paving must not be paid in excess of the cost

to install, in the same area and to the same depth, the same material

that was destroyed (e.g., replacing four inches of concrete with

four inches of concrete);

17)

The destruction or dismantling and reassembly of above grade

structures in response to a release of petroleum if such activity has

been certified as necessary to the performance of corrective action

by a Licensed Professional Engineer and such activity and its costs

are approved by the Agency in writing prior to the destruction or

dismantling and re-assembly. Such costs must not be paid in

excess of a total $10,000 per occurrence. For purposes of this

subsection (a)(17), destruction, dismantling or reassembly of above

grade structures does not include costs associated with replacement

of pumps, pump islands, buildings, wiring, lighting, bumpers,

posts or canopies;

18)

Preparation of reports submitted pursuant to Section 732.202(h)(3)

of this Part, free product removal plans and associated budget

plans, free product removal reports, site classification plans

(including physical soil classification and groundwater

investigation plans) and associated budget plans, site classification

reports, groundwater monitoring plans and associated budget

plans, groundwater monitoring completion reports, High Priority

corrective action plans and associated budget plans, and High

Priority corrective action completion reports;

19)

Costs associated with the removal or abandonment of a potable

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

public water supply, whichever is less, if a Licensed Professional

Engineer or Licensed Professional Geologist certifies that such

activity is necessary to the performance of corrective action and

that the property served by the well cannot receive an adequate

supply of potable water from an existing source other than the

removed or abandoned well, and the Agency approves such

activity in writing. If the well being removed or abandoned is a

public water supply well, the Licensed Professional Engineer or

Licensed Professional Geologist is required to certify only that the

removal or abandonment of the well is necessary to the

performance of corrective action; and

20)

Costs associated with the repair or replacement of potable water

supply lines damaged to the point of requiring repair or

replacement as a direct result of the release, if such activity is

certified by a Licensed Professional Engineer or Licensed

Professional Geologist as necessary for the protection of the

potable water supply and approved by the Agency in writing.

An owner or operator may submit a budget plan or application for partial

or final payment that includes an itemized accounting of costs associated

with activities, materials or services not identified in subsection (a) of this

Section if the owner or operator submits detailed information

demonstrating that the activities, materials or services not identified in

subsection (a) of this Section are essential to the completion of the

minimum corrective action requirements of the Act and this Part.

(Source: Amended at 30 Ill. Reg. 4928, effective March 1, 2006)

Section 732.606

Ineligible Corrective Action Costs

Costs ineligible for payment from the Fund include but are not limited to:

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

four feet of fill material from the outside dimensions of the UST, as set

forth in Appendix C of this Part, during early action activities conducted

pursuant to Section 732.202(f), and costs for the replacement of

contaminated fill materials with clean fill materials in excess of the

amounts set forth in Appendix C of this Part during early action activities

conducted pursuant to Section 732.202(f) of this Part;

Costs or losses resulting from business interruption;

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

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

of spills, leaks or releases;

Costs associated with the replacement of above grade structures such as

pumps, pump islands, buildings, wiring, lighting, bumpers, posts or

canopies, including but not limited to those structures destroyed or

damaged during corrective action activities;

Costs of corrective action incurred by an owner or operator prior to July

28, 1989

[415 ILCS 5/57.8(j)];

Costs associated with the procurement of a generator identification

number;

Legal fees or costs, including but not limited to legal fees or costs for

seeking payment under this Part unless the owner or operator prevails

before the Board and the Board authorizes payment of such costs;

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

except that a reasonable rate may be charged for the usage of such

materials, supplies, equipment or tools;

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

Board, OSFM or Agency regulations;

Costs associated with investigative action, preventive action, corrective

action, or enforcement action taken by the State of Illinois if the owner or

operator failed, without sufficient cause, to respond to a release or

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

by the Agency pursuant to Section 732.105 of this Part and Section 57.12

of the Act;

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

removed or abandoned, or permitted for removal or abandonment, by the

OSFM before the owner or operator provided notice to IEMA of a release

of petroleum;

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

USTs and removal and disposal of USTs determined to be ineligible by

the Office of the State Fire Marshal;

Costs exceeding those contained in a budget plan or amended budget plan

approved by the Agency;

Costs of corrective action incurred before providing notification of the

release of petroleum to IEMA in accordance with Section 732.202 of this

Part;

Costs for corrective action activities and associated materials or services

exceeding the minimum requirements necessary to comply with the Act;

Costs associated with improperly installed sampling or monitoring wells;

Costs associated with improperly collected, transported, or analyzed

laboratory samples;

Costs associated with the analysis of laboratory samples not approved by

the Agency;

Costs for any corrective activities, services or materials unless

accompanied by a letter from OSFM or the Agency confirming eligibility

and deductibility in accordance with Section 57.9 of the Act;

Interest or finance costs charged as direct costs;

Insurance costs charged as direct costs;

Indirect corrective action costs for personnel, materials, service, or

equipment charged as direct costs;

Costs associated with the compaction and density testing of backfill

material;

Costs associated with sites that have not reported a release to IEMA or are

not required to report a release to IEMA;

Costs related to activities, materials or services not necessary to stop,

minimize, eliminate, or clean up a release of petroleum or its effects in

accordance with the minimum requirements of the Act [415 ILCS 5] and

regulations;

Costs incurred after completion of early action activities in accordance

with Subpart B by owners or operators choosing, pursuant to Section

732.300(b) of this Part, to conduct remediation sufficient to satisfy the

remediation objectives;

aa)

Costs incurred after completion of site classification activities in

accordance with Subpart C by owners or operators choosing, pursuant to

Section 732.400(b) or (c) of this Part, to conduct remediation sufficient to

satisfy the remediation objectives;

bb)

Costs of alternative technology that exceed the costs of conventional

technology;

cc)

Costs for activities and related services or materials that are unnecessary,

inconsistent with generally accepted engineering practices or principles of

professional geology, or unreasonable costs for justifiable activities,

materials, or services;

dd)

Costs to prepare site classification plans and associated budget plans under

Section 732.305 of this Part, to perform site classification under Section

732.307 of this Part, or to prepare site classification completion reports

under Section 732.309 of this Part, for sites where owners or operators

have elected to classify under Section 732.312 of this Part;

ee)

Costs to prepare site classification plans and associated budget plans under

Section 732.312 of this Part, to perform site classification under Section

732.312 of this Part, or to prepare site classification completion reports

under Section 732.312 of this Part, for sites where owners or operators

have performed classification activities under Sections 732.305, 732.307,

or 732.309 of this Part;

ff)

Costs requested that are based on mathematical errors;

gg)

Costs that lack supporting documentation;

hh)

Costs proposed as part of a budget plan that are unreasonable;

ii)

Costs incurred during early action that are unreasonable;

jj)

Costs incurred on or after the date the owner or operator enters the Site

Remediation Program under Title XVII of the Act and 35 Ill. Adm. Code

740 to address the UST release;

kk)

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

occurrence for which the No Further Remediation Letter was received.

This subsection (kk) does not apply to the following:

Costs incurred for MTBE remediation pursuant to Section

732.310(i)(2) of this Part;

Monitoring well abandonment costs;

County recorder or registrar of titles fees for recording the No

Further Remediation Letter;

Costs associated with seeking payment from the Fund; and

Costs associated with remediation to Tier 1 remediation objectives

on-site if a court of law voids or invalidates a No Further

Remediation Letter and orders the owner or operator to achieve

Tier 1 remediation objectives in response to the release;

ll)

Handling charges for subcontractor costs that have been billed directly to

the owner or operator;

mm) Handling charges for subcontractor costs when the contractor has not

submitted proof of payment of the subcontractor costs;

nn)

Costs associated with standby and demurrage;

oo)

Costs associated with a corrective action plan incurred after the Agency

notifies the owner or operator, pursuant to Section 732.405(f) of this Part,

that a revised corrective action plan is required, provided, however, that

costs associated with any subsequently approved corrective action plan

will be eligible for payment if they meet the requirements of this Part;

pp)

Costs incurred after the effective date of an owner’s or operator’s election

to proceed in accordance with 35 Ill. Adm. Code 734;

qq)

Costs associated with the preparation of free product removal reports not

submitted in accordance with the schedule established in Section

732.203(a)(5) of this Part;

rr)

Costs submitted more than one year after the date the Agency issues a No

Further Remediation Letter pursuant to Subpart G of this Part;

ss)

Costs for the destruction and replacement of concrete, asphalt, or paving,

except as otherwise provided in Section 732.605(a)(16) of this Part;

tt)

Costs incurred as a result of the destruction of, or damage to, any

equipment, fixtures, structures, utilities, or other items during corrective

action activities, except as otherwise provided in Section 732.605(a)(16)

or (17) of this Part;

uu)

Costs associated with oversight by an owner or operator;

vv)

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

primary contractor;

ww) Costs associated with the installation of concrete, asphalt, or paving as an

engineered barrier to the extent they exceed the cost of installing an

engineered barrier constructed of asphalt four inches in depth. This

subsection does not apply if the concrete, asphalt, or paving being used as

an engineered barrier was replaced pursuant to Section 732.605(a)(16) of

this Part;

xx)

The treatment or disposal of soil that does not exceed the applicable

remediation objectives for the release, unless approved by the Agency in

writing prior to the treatment or disposal;

yy)

Costs associated with the removal or abandonment of a potable water

supply well, or the replacement of such a well or connection to a public

water supply, except as otherwise provided in Section 732.605(a)(19) of

this Part;

zz)

Costs associated with the repair or replacement of potable water supply

lines, except as otherwise provided in Section 732.605(a)(20) of this Part;

aaa)

Costs associated with the replacement of underground structures or

utilities, including but not limited to septic tanks, utility vaults, sewer

lines, electrical lines, telephone lines, cable lines, or water supply lines,

except as otherwise provided in Sections 732.605(a)(19) or (20) of this

Part;

bbb) Costs associated with the maintenance, repair, or replacement of leased or

subcontracted equipment, other than costs associated with routine

maintenance that are approved in a budget plan;

ccc)

Costs that exceed the maximum payment amounts set forth in Subpart H

of this Part;

ddd) Costs associated with on-site corrective action to achieve remediation

objectives that are more stringent than the Tier 2 remediation objectives

developed in accordance with 35 Ill. Adm. Code 742. This subsection

(ddd) does not apply if Karst geology prevents the development of Tier 2

remediation objectives for on-site remediation, or if a court of law voids or

invalidates a No Further Remediation Letter and orders the owner or

operator to achieve Tier 1 remediation objectives on-site in response to the

release;

eee)

Costs associated with groundwater remediation if a groundwater

ordinance already approved by the Agency for use as an institutional

control in accordance with 35 Ill. Adm. Code 742 can be used as an

institutional control for the release being remediated.

(Source: Amended at 30 Ill. Reg. 4928, effective March 1, 2006)

Section 732.607

Payment for Handling Charges

Handling charges are eligible for payment only if they are equal to or less than the

amount determined by the following table:

Subcontract or Field

Eligible Handling Charges

Purchase Cost:

as a Percentage of Cost:

$0 - $5,000..............................12%

$5,001 - $15,000.....................$600 + 10% of amt. over $5,000

$15,001 - $50,000...................$1,600 + 8% of amt. over $15,000

$50,001 - $100,000.................$4,400 + 5% of amt. over $50,000

$100,001 - $1,000,000...........$6,900 + 2% of amt. over $100,000

(Source: Amended at 30 Ill. Reg. 4928, effective March 1, 2006)

Section 732.608

Apportionment of Costs

The Agency may apportion payment of costs if:

The owner or operator was deemed eligible to access the Fund for

payment of corrective action costs for some, but not all, of the

underground storage tanks at the site; and

The owner or operator failed to justify all costs attributable to

each underground storage tank at the site

. [415 ILCS 5/57.8(m)]

The Agency will determine, based on volume or number of tanks, which

method of apportionment will be most favorable to the owner or operator.

The Agency will notify the owner or operator of such determination in

writing.

(Source: Amended at 30 Ill. Reg. 4928, effective March 1, 2006)

Section 732.609

Subrogation of Rights

Payment of any amount from the fund for corrective action or indemnification shall be

subject to the State acquiring by subrogation the rights of any owner, operator, or other

person to recover the costs of corrective action or indemnification for which the fund has

compensated such owner, operator, or person from the person responsible or liable for

the release

[415 ILCS 5/57.8(h)].

(Source: Amended at 26 Ill. Reg. 7119, effective April 29, 2002)

Section 732.610

Indemnification

An owner or operator seeking indemnification from the Fund for payment

of costs incurred as a result of a release of petroleum from an underground

storage tank must submit to the Agency an application for payment on

forms prescribed and provided by the Agency and, if specified by the

Agency by written notice, in an electronic format.

A complete application for payment must contain the following:

A certified statement by the owner or operator of the

amount sought for payment;

Proof of the legally enforceable judgment, final order, or

determination against the owner or operator, or the legally

enforceable settlement entered into by the owner or

operator, for which indemnification is sought. The proof

must include, but is not limited to, the following:

A copy of the judgment certified by the court clerk

as a true and correct copy, a copy of the final order

or determination certified by the issuing agency of

State government or subdivision thereof as a true

and correct copy, or a copy of the settlement

certified by the owner or operator as a true and

correct copy; and

ii)

Documentation demonstrating that the judgment,

final order, determination, or settlement arises out

of bodily injury or property damage suffered as a

result of a release of petroleum from the UST for

which the release was reported, and that the UST is

owned or operated by the owner or operator;

A copy of the OSFM or Agency eligibility and

deductibility determination;

Proof that approval of the indemnification requested will

not exceed the limitations set forth in the Act and Section

732.604 of this Part;

A federal taxpayer identification number and legal status

disclosure certification;

A private insurance coverage form; and

Designation of the address to which payment and notice of

final action on the request for indemnification are to be sent

to the owner or operator.

The owner’s or operator’s address designated on the application

for payment may be changed only by subsequent notification to the

Agency, on a form provided by the Agency, of a change of

address.

Applications for payment must be mailed or delivered to the

address designated by the Agency. The Agency’s record of the

date of receipt must be deemed conclusive unless a contrary date is

proven by a dated, signed receipt from certified or registered mail.

The Agency shall review applications for payment in accordance with this

Subpart F. In addition, the Agency must review each application for

payment to determine the following:

Whether the application contains all of the information and

supporting documentation required by subsection (a) of this

Section;

Whether there is sufficient documentation of a legally enforceable

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

final order or determination made against the owner or operator by

an agency of State government or any subdivision thereof, or

settlement entered into by the owner or operator;

Whether there is sufficient documentation that the judgment, final

order, determination, or settlement arises out of bodily injury or

property damage suffered as a result of a release of petroleum from

an underground storage tank owned or operated by the owner or

operator; and

Whether the amounts sought for indemnification are eligible for

payment.

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

complete and otherwise satisfies all applicable requirements of this

Subpart F, the Agency shall forward the request for indemnification to the

Office of the Attorney General for review and approval in accordance with

Section 57.8(c) of the Act. The owner or operator’s request for

indemnification shall not be placed on the priority list for payment until

the Agency has received the written approval of the Attorney General.

The approved application for payment shall then enter the priority list

established at Section 732.603(e)(1) of this Part based on the date the

complete application was received by the Agency in accordance with

Section 57.8(c) of the Act.

Costs ineligible for indemnification from the Fund include, but are not

limited to:

Amounts an owner or operator is not legally obligated to pay

pursuant to a judgment entered against the owner or operator in a

court of law, a final order or determination made against the owner

or operator by an agency of State government or any subdivision

thereof, or any settlement entered into by the owner or operator;

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

that do not arise out of bodily injury or property damage suffered

as a result of a release of petroleum from an underground storage

tank owned or operated by the owner or operator;

Amounts incurred prior to July 28, 1989;

Amounts incurred prior to notification of the release of petroleum

to IEMA in accordance with Section 732.202 of this Part;

Amounts arising out of bodily injury or property damage suffered

as a result of a release of petroleum from an underground storage

tank for which the owner or operator is not eligible to access the

Fund;

Legal fees or costs, including but not limited to legal fees or costs

for seeking payment under this Part unless the owner or operator

prevails before the Board and the Board authorizes payment of

such costs;

Amounts associated with activities that violate any provision of the

Act or Board, OSFM, or Agency regulations;

Amounts associated with investigative action, preventive action,

corrective action, or enforcement action taken by the State of

Illinois if the owner or operator failed, without sufficient cause, to

respond to a release or substantial threat of a release upon, or in

accordance with, a notice issued by the Agency pursuant to

Section 732.105 of this Part and Section 57.12 of the Act;

Amounts associated with a release that has not been reported to

IEMA or is not required to be reported to IEMA;

10)

Amounts incurred on or after the date the owner or operator enters

the Site Remediation Program under Title XVII of the Act and 35

Ill. Adm. Code 740 to address the UST release; and

11)

Amounts incurred after the effective date of the owner’s or

operator’s election to proceed in accordance with 35 Ill. Adm.

Code 734.

(Source: Amended at 30 Ill. Reg. 4928, effective March 1, 2006)

Section 732.611 Costs Covered by Insurance, Agreement or Court Order

Costs of corrective action or indemnification incurred by an owner or operator which

have been paid to an owner or operator under a policy of insurance, another written

agreement, or a court order are not eligible for payment

from the Fund

. An owner or

operator who receives payment under a policy of insurance, another written agreement,

or a court order shall reimburse the State to the extent such payment covers costs for

which payment was received from the Fund.

(Section 57.8(e) of the Act)

Section 732.612

Determination and Collection of Excess Payments

If, for any reason, the Agency determines that an excess payment has been

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

amount pursuant to subsection (c) of this Section.

Upon identifying an excess payment, the Agency shall notify the

owner or operator receiving the excess payment by certified or

registered mail, return receipt requested.

The notification letter shall state the amount of the excess payment

and the basis for the Agency's determination that the payment is in

error.

The Agency's determination of an excess payment shall be subject

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

permit decisions in Section 40 of the Act.

An excess payment from the Fund includes, but is not limited to:

Payment for a non-corrective action cost;

Payment in excess of the limitations on payments set forth in

Sections 732.604 and 732.607 and Subpart H of this Part;

Payment received through fraudulent means;

Payment calculated on the basis of an arithmetic error;

Payment calculated by the Agency in reliance on incorrect

information; or

Payment of costs that are not eligible for payment.

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

Upon notification of the determination of an excess payment in

accordance with subsection (a) of this Section or pursuant to a

Board order affirming such determination upon appeal, the Agency

may attempt to negotiate a payment schedule with the owner or

operator. Nothing in this subsection (c)(1) of this Section shall

prohibit the Agency from exercising at any time its options at

subsection (c)(2) or (c)(3) of this Section or any other collection

methods available to the Agency by law.

If an owner or operator submits a subsequent claim for payment

after previously receiving an excess payment from the Fund, the

Agency may deduct the excess payment amount from any

subsequently approved payment amount. If the amount

subsequently approved is insufficient to recover the entire amount

of the excess payment, the Agency may use the procedures in this

Section or any other collection methods available to the Agency by

law to collect the remainder.

The Agency may deem an excess payment amount to be a claim or

debt owed the Agency, and the Agency may use the Comptroller's

Setoff System for collection of the claim or debt in accordance

with Section 10.5 of the "State Comptroller Act." [15 ILCS

405/10.05].

(Source: Amended at 30 Ill. Reg. 4928, effective March 1, 2006)

Section 732.614

Audits and Access to Records; Records Retention

Owners or operators that submit a report, plan, budget, application for

payment, or any other data or document under this Part must maintain all

books, records, documents, and other evidence directly pertinent to the

report, plan, budget, application for payment, data, or document, including

but not limited to all financial information and data used in the preparation

or support of applications for payment. All books, records, documents,

and other evidence must be maintained in accordance with accepted

business practices and appropriate accounting procedures and practices.

The Agency or any of its duly authorized representatives must have access

to the books, records, documents, and other evidence set forth in

subsection (a) of this Section during normal business hours for the

purpose of inspection, audit, and copying. Owners or operators must

provide proper facilities for such access and inspection.

Owners, or operators must maintain the books, records, documents, and

other evidence set forth in subsection (a) of this Section and make them

available to the Agency or its authorized representative until the latest of

the following:

The expiration of 4 years after the date the Agency issues a No

Further Remediation Letter pursuant to Subpart G of this Part;

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

appeal, litigation, or other dispute or claim, the expiration of 3

years after the date of the final disposition of the appeal, litigation,

or other dispute or claim; or

The expiration of any other applicable record retention period.

(Source: Added at 30 Ill. Reg. 4928, effective March 1, 2006)

SUBPART G: NO FURTHER REMEDIATION LETTERS

AND RECORDING REQUIREMENTS

Section 732.700 General

Subpart G provides the procedures for issuance of No Further Remediation

Letters under

Title XVI and this Part. Subpart G also sets forth the recording requirements and the

circumstances under which the letter may be voidable.

(Source: Added at 21 Ill. Reg. 3617, effective July 1, 1997)

Section 732.701

Issuance of a No Further Remediation Letter

Upon approval by the Agency of a report submitted pursuant to Section

732.202(h)(3) of this Part, a No Further Action site classification report, a

Low Priority groundwater monitoring completion report, or a High

Priority corrective action completion report, the Agency shall issue to the

owner or operator a No Further Remediation Letter. The No Further

Remediation Letter shall have the legal effect prescribed in Section 57.10

of the Act. The No Further Remediation Letter shall be denied if the

Agency rejects or requires modification of the applicable report.

The Agency shall have 120 days after the date of receipt of a complete

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

Further Remediation Letter as part of the notification of approval of the

applicable report in accordance with Subpart E of this Part. If the Agency

fails to send the No Further Remediation Letter within 120 days, it shall

be deemed denied by operation of law.

The notice of denial of a No Further Remediation Letter by the Agency

may be included with the notification of rejection or modification of the

applicable report. The reasons for the denial shall be stated in the

notification. The denial shall be considered a final determination

appealable to the Board within 35 days after the Agency's final action in

the manner provided for the review of permit decisions in Section 40 of

the Act. If any request for a No Further Remediation Letter is denied by

operation of law, in lieu of an immediate repeal to the Board the owner or

operator may either resubmit the request and applicable report to the

Agency or file a joint request for a 90 day extension in the manner

provided for extensions of permit decision in Section 40 of the Act.

The Agency shall mail the No Further Remediation Letter by registered or

certified mail, postmarked with a date stamp and with return receipt

requested. Final action shall be deemed to have taken place on the

postmarked date that the letter is mailed.

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

Letters that arise from oversight, omission or clerical mistake. Upon

correction of the No Further Remediation Letter, the Agency shall mail

the corrected letter to the owner or operator as set forth in subsection (d)

of this Section. The corrected letter shall be perfected by recording in

accordance with the requirements of Section 732.703 of this Part.

(Source: Amended at 30 Ill. Reg. 4928, effective March 1, 2006)

Section 732.702

Contents of a No Further Remediation Letter

A No Further Remediation Letter issued pursuant to this Part shall include all of the

following:

An acknowledgment that the requirements of the applicable report were

satisfied;

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

description or by reference to a plat showing its boundaries, or, for

purposes of Section 732.703(d) of this Part, other means sufficient to

identify site location with particularity;

A statement that the remediation objectives were determined in

accordance with 35 Ill. Adm. Code 742, and the identification of any land

use limitation, as applicable, required by 35 Ill. Adm. Code 742 as a

condition of the remediation objectives;

A statement that the Agency's issuance of the No Further Remediation

Letter signifies that, except for

off-site contamination related to the

occurrence that has not been remediated due to denial of access to the off-

site property

All corrective action requirements

under Title XVI of the Act and

this Part

applicable to the occurrence have been complied with;

All corrective action concerning the remediation of the occurrence

has been completed; and

No further corrective action concerning the occurrence is

necessary for the protection of human health, safety and the

environment

[415 ILCS 5/57.10(c)];

The prohibition under Section 732.703(e) of this Part against the use of

any site in a manner inconsistent with any applicable land use limitation,

without additional appropriate remedial activities;

A description of any approved preventive, engineering, and institutional

controls identified in the plan or report and notification that failure to

manage the controls in full compliance with the terms of the plan or report

may result in voidance of the No Further Remediation Letter;

The recording obligations pursuant to Section 732.703 of this Part;

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

Section 732.703(e) of this Part;

Notification that further information regarding the site can be obtained

from the Agency through a request under the Freedom of Information Act

[5 ILCS 140]; and

Any other provisions agreed to by the Agency and the owner or operator.

(Source: Amended at 31 Ill. Reg. 16132, effective November 21, 2007)

Section 732.703

Duty to Record a No Further Remediation Letter

Except as provided in subsections (c) and (d) of this Section, an owner or

operator receiving a No Further Remediation Letter from the Agency

pursuant to this Subpart G shall submit the letter, with a copy of any

applicable institutional controls (as set forth in 35 Ill. Adm. Code 742,

Subpart J) proposed as part of a corrective action completion report, to the

office of the recorder or the registrar of titles of the county in which the

site is located within 45 days after receipt of the letter. The letter and any

attachments shall be filed in accordance with Illinois law so that they form

a permanent part of the chain of title for the site. Upon the lapse of the

45-day period for recording, pursuant to Section 732.704(a)(5) of this

Part, the Agency may void an unrecorded No Further Remediation Letter

for failure to record it in a timely manner.

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

Remediation Letter shall be perfected upon the date of the official

recording of such letter. The owner or operator shall obtain and submit to

the Agency, within 30 days after the official recording date, a certified or

otherwise accurate and official copy of the letter and any attachments as

recorded. An unperfected No Further Remediation Letter is effective only

as between the Agency and the owner or operator.

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

requirements shall apply:

In order for the No Further Remediation Letter to be perfected, the

highway authority with jurisdiction over the right-of-way must

enter into a Memorandum of Agreement (MOA) with the Agency.

The MOA must include, but is not limited to:

The name of the site, if any, and any highway authority or

Agency identifiers (e.g., incident number, Illinois inventory

identification number);

The address of the site (or other description sufficient to

identify the location of the site with certainty);

A copy of the No Further Remediation Letter for each site

subject to the MOA;

Procedures for tracking sites subject to the MOA so that all

highway authority offices and personnel whose

responsibilities (e.g., land acquisition, maintenance,

construction, utility permits) may affect land use

limitations will have notice of any environmental concerns

and land use limitations applicable to a site;

Provisions addressing future conveyances (including title

or any lesser form of interest) or jurisdictional transfers of

the site to any other agency, private person or entity and the

steps that will be taken to ensure the long-term integrity of

any land use limitations including, but not limited to, the

following:

Upon creation of a deed, the recording of the No

Further Remediation Letter and any other land use

limitations requiring recording under 35 Ill. Adm.

Code 742, with copies of the recorded instruments

sent to the Agency within 30 days after recording;

ii)

Any other arrangements necessary to ensure that

property that is conveyed or transferred remains

subject to any land use limitations approved and

implemented as part of the corrective action plan

and the No Further Remediation Letter; and

iii)

Notice to the Agency at least 60 days prior to any

such intended conveyance or transfer indicating the

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

limitations will be operated or maintained as

required in the corrective action plan and No

Further Remediation Letter; and

Provisions for notifying the Agency if any actions taken by

the highway authority or its permittees at the site result in

the failure or inability to restore the site to meet the

requirements of the corrective action plan and the No

Further Remediation Letter.

Failure to comply with the requirements of this subsection (c) may

result in voidance of the No Further Remediation Letter pursuant

to Section 732.704 of this Part as well as any other penalties that

may be available.

For sites located on Federally Owned Property for which the Federal

Landholding Entity does not have the authority under federal law to

record institutional controls on the chain of title, the following

requirements shall apply:

To perfect a No Further Remediation Letter containing any

restriction on future land use(s), the Federal Landholding Entity or

Entities responsible for the site must enter into a Land Use Control

Memorandum of Agreement (LUC MOA) with the Agency that

requires the Federal Landholding Entity to do, at a minimum, the

following:

Identify the location on the Federally Owned Property of

the site subject to the No Further Remediation Letter. Such

identification shall be by means of common address,

notations in any available facility master land use plan, site

specific GIS or GPS coordinates, plat maps, or any other

means that identify the site in question with particularity;

Implement periodic site inspection procedures that ensure

oversight by the Federal Landholding Entities of any land

use limitations or restrictions imposed pursuant to the No

Further Remediation Letter;

Implement procedures for the Federal Landholding Entities

to periodically advise the Agency of continued compliance

with all maintenance and inspection requirements set forth

in the LUC MOA;

Implement procedures for the Federal Landholding Entities

to notify the Agency of any planned or emergency changes

in land use that may adversely impact land use limitations

or restrictions imposed pursuant to the No Further

Remediation Letter;

Notify the Agency at least 60 days in advance of a

conveyance by deed or fee simple title, by the Federal

Landholding Entities, of the site or sites subject to the No

Further Remediation Letter, to any entity that will not

remain or become a Federal Landholding Entity, and

provide the Agency with information about how the

Federal Landholding Entities will ensure the No Further

Remediation Letter is recorded on the chain of title upon

transfer of the property; and

Attach to the LUC MOA a copy of the No Further

Remediation Letter for each site subject to the LUC MOA.

To perfect a No Further Remediation letter containing no

restriction(s) on future land use, the Federal Landholding Entity

shall submit the letter to the Office of the Recorder or the Registrar

of Titles of the county in which the site is located within 45 days

after receipt of the letter. The letter shall be filed in accordance

with Illinois law so it forms a permanent part of the chain of title.

The Federal Landholding Entity shall obtain and submit to the

Agency, within 30 days after recording, a copy of the letter

demonstrating that the recording requirements have been satisfied.

Failure to comply with the requirements of this subsection (d) and

the LUC MOA may result in voidance of the No Further

Remediation Letter as well as any other penalties that may be

available.

At no time shall any site for which a land use limitation has been imposed

as a result of corrective action under this Part be used in a manner

inconsistent with the land use limitation set forth in the No Further

Remediation Letter. The land use limitation specified in the No Further

Remediation Letter may be revised only by the perfecting of a subsequent

No Further Remediation Letter, issued pursuant to Title XVII of the Act

and regulations thereunder, following further investigation or remediation

that demonstrates the attainment of objectives appropriate for the new land

use.

(Source: Amended at 30 Ill. Reg. 4928, effective March 1, 2006)

Section 732.704

Voidance of a No Further Remediation Letter

The No Further Remediation Letter shall be voidable if site activities are

not carried out in full compliance with the provisions of this Part, and 35

Ill. Adm. Code 742 where applicable, or the 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:

Any violations of institutional controls or land use restrictions, if

applicable;

The failure of the owner or operator or any subsequent transferee

to operate and maintain preventive, engineering and institutional

controls;

Obtaining the No Further Remediation Letter by fraud or

misrepresentation;

Subsequent discovery of indicator contaminants related to the

occurrence upon which the No Further Remediation Letter was

based which:

were not identified as part of the investigative or remedial

activities upon which the issuance of the No Further

Remediation Letter was based;

results in the following:

the site no longer satisfying the criteria of a No

Further Action site classification;

ii)

the site no longer satisfying the criteria of a Low

Priority site classification;

iii)

failing to meet the remediation objectives

established for a High Priority site; and

pose a threat to human health or the environment;

Upon the lapse of the 45 day period for recording the No Further

Remediation Letter, the failure to record and thereby perfect the

No Further Remediation Letter in a timely manner;

The disturbance or removal of contamination left in place under an

approved plan;

The failure to comply with the requirements of Section 732.703(c)

and the Memorandum of Agreement entered in accordance with

Section 732.703(c) for a site that is located in a highway authority

right-of-way;

The failure to comply with the requirements of Section 732.703(d)

and the LUC MOA entered in accordance with Section 732.703(d)

for a site located on Federally Owned Property for which the

Federal Landholding Entity does not have the authority under

federal law to record institutional controls on the chain of title;

The failure to comply with the requirements of Section 732.703(d)

of this Part or the failure to record a No Further Remediation

Letter perfected in accordance with Section 732.703(d) within 45

days following the transfer of the Federally Owned Property

subject to the No Further Remediation Letter to any entity that will

not remain or become a Federal Landholding Entity; or

10)

The failure to comply with the notice or confirmation requirements

of 35 Ill. Adm. Code 742.1015(b)(5) and (c).

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

provide Notice of Voidance to the current title holder of the site and the

owner or operator at his or her last known address.

The Notice of Voidance shall specify the cause for the voidance

and describe the facts in support of the cause.

The Agency shall mail Notices of Voidance by registered or

certified mail, date stamped with return receipt requested.

Within 35 days after receipt of the Notice of Voidance, the current title

holder and owner or operator of the site at the time the No Further

Remediation Letter was issued may appeal the Agency's decision to the

Board in the manner provided for the review of permit decisions in

Section 40 of the Act.

If the Board fails to take final action within 120 days, unless such time

period 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 such action.

If the Agency's action is appealed, the action shall not become

effective until the appeal process has been exhausted and a final

decision is reached by the Board or courts.

Upon receiving a notice of appeal, the Agency shall file a

Notice of lis pendens with the office of the recorder or the

registrar of titles for the county in which the site is located.

The notice shall be filed in accordance with Illinois law so

that it becomes a part of the chain of title for the site.

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

of lis pendens shall be removed in accordance with Illinois

law within 45 days after receipt of the final decision of the

Board or the courts.

If the Agency's action is not appealed or is upheld on appeal, the

Agency 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.

(Source: Amended at 30 Ill. Reg. 4928, effective March 1, 2006)

SUBPART H: MAXIMUM PAYMENT AMOUNTS

Section 732.800

Applicability

Methods for Determining Maximum Amounts. This Subpart H provides

three methods for determining the maximum amounts that can be paid

from the Fund for eligible corrective action costs. All costs associated

with conducting corrective action are grouped into the tasks set forth in

Sections 732.810 through 732.850 of this Part.

The first method for determining the maximum amount that can be

paid for each task is to use the maximum amounts for each task set

forth in those Sections, and in Section 732.870. In some cases the

maximum amounts are specific dollar amounts, and in other cases

the maximum amounts are determined on a site-specific basis.

As an alternative to using the amounts set forth in Sections

732.810 through 732.850 of this Part, the second method for

determining the maximum amounts that can be paid for one or

more tasks is bidding in accordance with Section 732.855 of this

Part. As stated in that Section, when bidding is used, if the lowest

bid for a particular task is less than the amount set forth in Sections

732.810 through 732.850, the amount in Sections 732.810 through

732.850 of this Part may be used instead of the lowest bid.

The third method for determining maximum amounts that can be

paid from the Fund applies to unusual or extraordinary

circumstances. The maximum amounts for such circumstances can

be determined in accordance with Section 732.860 of this Part.

The costs listed under each task set forth in Sections 732.810 through

732.850 of this Part identify only some of the costs associated with each

task. They are not intended as an exclusive list of all costs associated with

each task for the purposes of payment from the Fund.

This Subpart H sets forth only the methods that can be used to determine

the maximum amounts that can be paid from the Fund for eligible

corrective action costs. Whether a particular cost is eligible for payment

must be determined in accordance with Subpart F of this Part.

(Source: Added at 30 Ill. Reg. 4928, effective March 1, 2006)

Section 732.810

UST Removal or Abandonment Costs

Payment for costs associated with UST removal or abandonment of each UST must not

exceed the amounts set forth in this Section. Such costs must include, but are not limited

to, those associated with the excavation, removal, disposal, and abandonment of UST

systems.

UST Volume

Maximum Total Amount per UST

110 – 999 gallons

$2,100

1,000 – 14,999 gallons

$3,150

15,000 or more gallons

$4,100

(Source: Added at 30 Ill. Reg. 4928, effective March 1, 2006)

Section 732.815

Free Product or Groundwater Removal and Disposal

Payment for costs associated with the removal and disposal of free product or

groundwater must not exceed the amounts set forth in this Section. Such costs must

include, but are not limited to, those associated with the removal, transportation, and

disposal of free product or groundwater, and the design, construction, installation,

operation, maintenance, and closure of free product or groundwater removal systems.

Payment for costs associated with each round of free product or

groundwater removal via hand bailing or a vacuum truck must not exceed

a total of $0.68 per gallon or $200, whichever is greater.

Payment for costs associated with the removal of free product or

groundwater via a method other than hand bailing or vacuum truck must

be determined on a time and materials basis and must not exceed the

amounts set forth in Section 732.850 of this Part. Such costs must

include, but are not limited to, those associated with the design,

construction, installation, operation, maintenance, and closure of free

product and groundwater removal systems.

(Source: Added at 30 Ill. Reg. 4928, effective March 1, 2006)

Section 732.820

Drilling, Well Installation, and Well Abandonment

Payment for costs associated with drilling, well installation, and well abandonment must

not exceed the amounts set forth in this Section.

Payment for costs associated with each round of drilling must not exceed

the following amounts. Such costs must include, but not be limited to,

those associated with mobilization, drilling labor, decontamination, and

drilling for the purposes of soil sampling or well installation.

Type of Drilling

Maximum Total Amount

Hollow-stem auger

greater of $23 per foot or $1,500

Direct-push platform

- for sampling or other

greater of $18 per foot or $1,200

non-injection purposes

- for injection purposes

greater of $15 per foot or $1,200

Payment for costs associated with the installation of monitoring wells,

excluding drilling, must not exceed the following amounts. Such costs

must include, but are not limited to, those associated with well

construction and development.

Type of Borehole

Maximum Total Amount

Hollow-stem auger

$16.50/foot (well length)

Direct-push platform

$12.50/foot (well length)

Payment for costs associated with the installation of recovery wells,

excluding drilling, must not exceed the following amounts. Such costs

must include, but are not limited to, those associated with well

construction and development.

Well Diameter

Maximum Total Amount

4 or 6 inches

$25/foot (well length)

8 inches or greater

$41/foot (well length)

Payment for costs associated with the abandonment of monitoring wells

must not exceed $10 per foot of well length.

(Source: Added at 30 Ill. Reg. 4928, effective March 1, 2006)

Section 732.825

Soil Removal and Disposal

Payment for costs associated with soil removal, transportation, and disposal must not

exceed the amounts set forth in this Section. Such costs must include, but are not limited

to, those associated with the removal, transportation, and disposal of contaminated soil

exceeding the applicable remediation objectives or visibly contaminated fill removed

pursuant to Section 732.202(f) of this Part, and the purchase, transportation, and

placement of material used to backfill the resulting excavation.

Payment for costs associated with the removal, transportation, and

disposal of contaminated soil exceeding the applicable remediation

objectives, visibly contaminated fill removed pursuant to Section

732.202(f) of this Part, and concrete, asphalt, or paving overlying such

contaminated soil or fill must not exceed a total of $57 per cubic yard.

Except as provided in subsection (a)(2) of this Section, the volume

of soil removed and disposed of must be determined by the

following equation using the dimensions of the resulting

excavation: (Excavation Length x Excavation Width x Excavation

Depth) x 1.05. A conversion factor of 1.5 tons per cubic yard must

be used to convert tons to cubic yards.

The volume of soil removed from within four feet of the outside

dimension of the UST and disposed of pursuant to Section

732.202(f) of this Part must be determined in accordance with

Section Appendix C of this Part.

Payment for costs associated with the purchase, transportation, and

placement of material used to backfill the excavation resulting from the

removal and disposal of soil must not exceed a total of $20 per cubic yard.

Except as provided in subsection (b)(2) of this Section, the volume

of backfill material must be determined by the following equation

using the dimensions of the backfilled excavation:

(Excavation Length x Excavation Width x Excavation Depth) x

1.05.

A conversion factor of 1.5 tons per cubic yard must be used to

convert tons to cubic yards.

The volume of backfill material used to replace soil removed from

within four feet of the outside dimension of the UST and disposed

of pursuant to Section 732.202(f) of this Part must be determined

in accordance with Section Appendix C of this Part.

Payment for costs associated with the removal and subsequent return of

soil that does not exceed the applicable remediation objectives but whose

removal is required in order to conduct corrective action must not exceed

a total of $6.50 per cubic yard. The volume of soil removed and returned

must be determined by the following equation using the dimensions of the

excavation resulting from the removal of the soil:

(Excavation Length x Excavation Width x Excavation Depth).

A conversion factor of 1.5 tons per cubic yard must be used to convert

tons to cubic yards.

(Source: Added at 30 Ill. Reg. 4928, effective March 1, 2006)

Section 732.830

Drum Disposal

Payment for costs associated with the purchase, transportation, and disposal of 55-gallon

drums containing waste generated as a result of corrective action (e.g., boring cuttings,

water bailed for well development or sampling, hand-bailed free product) must not

exceed the following amounts or a total of $500, whichever is greater.

Drum Contents

Maximum Total Amount per Drum

(Source: Added at 30 Ill. Reg. 4928, effective March 1, 2006)

Section 732.835

Sample Handling and Analysis

Payment

for costs associated with sample handling and analysis must not exceed the

amounts set forth in Section Appendix D of this Part. Such costs must include, but are

not limited to, those associated with the transportation, delivery, preparation, and analysis

of samples, and the reporting of sample results. For laboratory analyses not included in

this Section, the Agency may determine reasonable maximum payment amounts on a

site-specific basis.

(Source: Added at 30 Ill. Reg. 4928, effective March 1, 2006)

Section 732.840

Concrete, Asphalt, and Paving; Destruction or Dismantling and

Reassembly of Above Grade Structures

Payment for costs associated with concrete, asphalt, and paving installed

as an engineered barrier, other than replacement concrete, asphalt, and paving,

must not exceed the following amounts. Costs associated with the replacement of

concrete, asphalt, and paving used as an engineered barrier are subject to the

maximum amounts set forth in subsection (b) of this Section instead of this

Asphalt and paving – 2 inches

Payment for costs associated with the replacement of concrete, asphalt,

and paving must not exceed the following amounts:

Depth of Material

Maximum Total Amount

per Square Foot

Asphalt and paving – 2 inches

For depths other than those listed in this subsection, the Agency must

determine reasonable maximum payment amounts on a site-specific basis.

Payment for costs associated with the destruction or the dismantling and

reassembly of above grade structures must not exceed the time and

material amounts set forth in Section 732.850 of this Part. The total cost

for the destruction or the dismantling and reassembly of above grade

structures must not exceed $10,000 per site.

(Source: Added at 30 Ill. Reg. 4928, effective March 1, 2006)

Section 732.845

Professional Consulting Services

Payment for costs associated with professional consulting will be reimbursed on a time

and materials basis pursuant to Section 732.850. Such costs must include, but are not

limited to, those associated with project planning and oversight; field work; field

oversight; travel; per diem; mileage; transportation; vehicle charges; lodging; meals; and

the preparation, review, certification, and submission of all plans, budget plans, reports,

applications for payment, and other documentation.

(Source: Added at 30 Ill. Reg. 4928, effective March 1, 2006)

Section 732.850

Payment on Time and Materials Basis

This Section sets forth the maximum amounts that may be paid when payment is allowed

on a time and materials basis.

Payment for costs associated with activities that have a maximum

payment amount set forth in other Sections of this Subpart H (e.g, sample

handling and analysis, drilling, well installation and abandonment, or

drum disposal must not exceed the amounts set forth in those Sections,

unless payment is made pursuant to Section 732.860 of this Part.

Maximum payment amounts for costs associated with activities that do not

have a maximum payment amount set forth in other Sections of this

Subpart H must be determined by the Agency on a site-specific basis,

provided, however, that personnel costs must not exceed the amounts set

forth in Section Appendix E of this Part. Personnel costs must be based

upon the work being performed, regardless of the title of the person

performing the work. Owners and operators seeking payment must

demonstrate to the Agency that the amounts sought are reasonable.

BOARD NOTE: Alternative technology costs in excess of the costs of

conventional technology are ineligible for payment from the Fund. See Sections

732.407(b) and 732.606(bb) of this Part.

(Source: Added at 30 Ill. Reg. 4928, effective March 1, 2006)

Section 732.855

Bidding

As an alternative to the maximum payment amounts set forth in this Subpart H, one or

more maximum payment amounts may be determined via bidding in accordance with this

Section. Each bid must cover all costs included in the maximum payment amount that

the bid is replacing.

A minimum of three written bids must be obtained. The bids must be

based upon the same scope of work and must remain valid for a period of

time that will allow the owner or operator to accept them upon the

Agency’s approval of the associated budget. Bids must be obtained only

from persons qualified and able to perform the work being bid. Bids must

not be obtained from persons in which the owner or operator, or the

owner’s or operator’s primary contractor, has a financial interest.

The bids must be summarized on forms prescribed and provided by the

Agency. The bid summary form, along with copies of the bid requests and

the bids obtained, must be submitted to the Agency in the associated

budget. If more than the minimum three bids are obtained, summaries and

copies of all bids must be submitted to the Agency.

The maximum payment amount for the work bid must be the amount of

the lowest bid, unless the lowest bid is less than the maximum payment

amount set forth in this Subpart H in which case the maximum payment

amount set forth in this Subpart H must be allowed. The owner or

operator is not required to use the lowest bidder to perform the work, but

instead may use another person qualified and able to perform the work,

including, but not limited to, a person in which the owner or operator, or

the owner’s or operator’s primary consultant, has a direct or indirect

financial interest. However, regardless of who performs the work, the

maximum payment amount will remain the amount of the lowest bid.

(Source: Added at 30 Ill. Reg. 4928, effective March 1, 2006)

Section 732.860

Unusual or Extraordinary Circumstances

If, as a result of unusual or extraordinary circumstances, an owner or operator incurs or

will incur eligible costs that exceed the maximum payment amounts set forth in this

Subpart H, the Agency may determine maximum payment amounts for the costs on a

site-specific basis. Owners and operators seeking to have the Agency determine

maximum payment amounts pursuant to this Section must demonstrate to the Agency that

the costs for which they are seeking a determination are eligible for payment from the

Fund, exceed the maximum payment amounts set forth in this Subpart H, are the result of

unusual or extraordinary circumstances, are unavoidable, are reasonable, and are

necessary in order to satisfy the requirements of this Part. Examples of unusual or

extraordinary circumstances may include, but are not limited to, an inability to obtain a

minimum of three bids pursuant to Section 732.855 of this Part due to a limited number

of persons providing the service needed.

(Source: Added at 30 Ill. Reg. 4928, effective March 1, 2006)

Section 732.865

Handling Charges

Payment of handling charges must not exceed the amounts set forth in Section 732.607 of

this Part.

(Source: Added at 30 Ill. Reg. 4928, effective March 1, 2006)

Section 732.870

Increase in Maximum Payment Amounts

The maximum payment amounts set forth in this Subpart H must be adjusted annually by

an inflation factor determined by the annual Implicit Price Deflator for Gross National

Product as published by the U.S. Department of Commerce in its Survey of Current

Business.

The inflation factor must be calculated each year by dividing the latest

published annual Implicit Price Deflator for Gross National Product by the

annual Implicit Price Deflator for Gross National Product for the previous

year. The inflation factor must be rounded to the nearest 1/100

. In no

case must the inflation factor be more than five percent in a single year.

Adjusted maximum payment amounts must become effective on July 1 of

each year and must remain in effect through June 30 of the following year.

The first adjustment must be made on July 1, 2006 by multiplying the

maximum payment amounts set forth in this Subpart H by the applicable

inflation factor. Subsequent adjustments must be made by multiplying the

latest adjusted maximum payment amounts by the latest inflation factor.

The Agency must post the inflation factors on its website no later than the

date they become effective. The inflation factors must remain posted on

the website in subsequent years to aid in the calculation of adjusted

maximum payment amounts.

Adjusted maximum payment amounts must be applied as follows:

For costs approved by the Agency in writing prior to the date the

costs are incurred, the applicable maximum payment amounts must

be the amounts in effect on the date the Agency received the

budget in which the costs were proposed. Once the Agency

approves a cost, the applicable maximum payment amount for the

cost must not be increased (e.g, by proposing the cost in a

subsequent budget).

For costs not approved by the Agency in writing prior to the date

the costs are incurred, including but not limited to early action

costs, the applicable maximum payments amounts must be the

amounts in effect on the date the costs were incurred.

Owners and operators must have the burden of requesting the

appropriate adjusted maximum payment amounts in budgets and

applications for payment.

(Source: Added at 30 Ill. Reg. 4928, effective March 1, 2006)

Section 732.875

Agency Review of Payment Amounts

At least every three years, the Agency must review the amounts set forth in this Subpart

H and submit a report to the Board on whether the amounts are consistent with the

prevailing market rates. The report must identify amounts that are not consistent with the

prevailing market rates and suggest changes needed to make the amounts consistent with

the prevailing market rates. The Board must publish notice of receipt of the report in the

Environmental Register and on the Board’s web page.

(Source: Added at 30 Ill. Reg. 4928, effective March 1, 2006)

Section 732.APPENDIX A Indicator Contaminants

TANK CONTENTS

INDICATOR CONTAMINANTS

GASOLINE

leaded(1), unleaded, premium, and gasohol

Methyl tertiary butyl ether (MTBE)

MIDDLE DISTILLATE AND HEAVY ENDS

aviation turbine fuels(1)

gas turbine fuel oils

Benzo (b)fluoranthene

lubricants

Benzo (k)fluoranthene

liquid asphalt and dust laying oils

Chrysene

cable oils

dibenzo(a,h)anthracene

crude oil, crude oil fractions

Indeno (1,2,3-c,d)pyrene

mineral spirits(4), Stoddard solvents(4)

Phenanthrene

high-flash aromatic naphthas(4)

VM&P naphthas(4)

moderately volatile hydrocarbon solvents(4)

petroleum extender oils(4)

USED OIL

Screening sample(5)

(1)

lead is also an indicator contaminant

(2)

the polychlorinated biphenyl parameters listed in Appendix B are also indicator

contaminants

(3)

barium is also an indicator contaminant

(4)

the volatile, base/neutral and polynuclear aromatic parameters listed in Appendix

B are also indicator contaminants

(5)

used oil indicator contaminants shall be based on the results of a used oil soil

sample analysis - refer to Section 732.310(g)

(Source: Amended at 30 Ill. Reg. 4928, effective March 1, 2006)

Section 732.APPENDIX B Additional Parameters

cis-1,2-Dichloroethylene

10.

trans-1,2-Dichloroethylene

11.

Dichloromethane (Methylene chloride)

12.

1,2-Dichloropropane

13.

1,3-Dichloropropylene (cis + trans)

1,1,1-Trichloroethane

19.

1,1,2-Trichloroethane

Bis(2-chloroethyl)ether

Bis(2-ethylhexyl)phthalate

1,2-Dichlorobenzene

1,4-Dichlorobenzene

Hexachlorobenzene

Hexachlorocyclopentadiene

-Nitrosodi-

-propylamine

-Nitrosodiphenylamine

1,2,4-Trichlorobenzene

Polynuclear Aromatics

Dibenzo(a,h)anthracene

Indeno(1,2,3-c,d)pyrene

Metals (total inorganic and organic forms)

Polychlorinated Biphenyls

(as Decachlorobiphenyl)

(Source: Amended at 30 Ill. Reg. 4928, effective March 1, 2006)

Section 732. Table A Groundwater and Soil Remediation Objectives (Repealed)

(Source: Repealed at 21 Ill. Reg. 3617, effective July 1, 1997.)

Section 732. Table B Soil Remediation Methodology: Model Parameter Values

(Repealed)

(Source: Repealed at 21 Ill. Reg. 3617, effective July 1, 1997.)

Section 732. Table C Soil Remediation Methodology: Chemical Specific

Parameters(Repealed)

(Source: Repealed at 21 Ill. Reg. 3617, effective July 1, 1997.)

Section 732. Table D Soil Remediation Methodology: Objectives (Repealed)

(Source: Repealed at 21 Ill. Reg. 3617, effective July 1, 1997.)

Section 732. Illustration A Equation For Groundwater Transport (Repealed)

(Source: Repealed at 21 Ill. Reg. 3617, effective July 1, 1997.)

Section 732. Illustration B Equation For Soil-Groundwater Relationship (Repealed)

(Source: Repealed at 21 Ill. Reg. 3617, effective July 1, 1997.)

Section 732. Illustration C Equation For Calculating Groundwater Objectives at the

Source (Repealed)

(Source: Repealed at 21 Ill. Reg. 3617, effective July 1, 1997.)

Section 732. Illustration D Equation For Calculating Soil Objectives at the Source

(Repealed)

(Source: Repealed at 21 Ill. Reg. 3617, effective July 1, 1997.)

Section 732.APPENDIX C Backfill Volumes

Volume of Tank in Gallons

Maximum amount of backfill

material to be removed:

Cubic yards

Maximum amount of backfill

material to be replaced:

A conversion factor of 1.5 tons per cubic yard must be used to convert tons to cubic

yards.

(Source: Amended at 30 Ill. Reg. 4928, effective March 1, 2006)

Section 732.APPENDIX D Sample Handling and Analysis

COD (Chemical Oxygen Demand)

$30

Corrosivity

$15

Flash Point or Ignitability Analysis EPA 1010

$33

FOC (Fraction Organic Carbon)

$38

Fat, Oil, & Grease (FOG)

$60

LUST Pollutants Soil - analysis must include all volatile,

base/neutral, polynuclear aromatic, and metal parameters listed

in Section 732.AppendixB of this Part

$693

Organic Carbon (ASTM-D 2974-87)

$33

Dissolved Oxygen (DO)

$24

Paint Filter (Free Liquids)

$14

PCB / Pesticides (combination)

Polynuclear Aromatics PNA, or PAH SOIL

$152

Polynuclear Aromatics PNA, or PAH WATER

$152

Reactivity

$68

SVOC - Soil (Semi-volatile Organic Compounds)

$313

SVOC - Water (Semi-volatile Organic Compounds)

$313

TKN (Total Kjeldahl) "nitrogen"

$44

TOC (Total Organic Carbon) EPA 9060A

$31

TPH (Total Petroleum Hydrocarbons)

$122

VOC (Volatile Organic Compound) - Soil (Non-Aqueous)

$175

VOC (Volatile Organic Compound) - Water

$169

Geo-Technical

Bulk Density ASTM D4292 / D2937

$22

Ex-Situ Hydraulic Conductivity / Permeability

$255

Moisture Content ASTM D2216-90 / D4643-87

$12

Porosity

$30

Rock Hydraulic Conductivity Ex-Situ

$350

Sieve / Particle Size Analysis ASTM D422-63 / D1140-54

$145

Soil Classification ASTM D2488-90 / D2487-90

Metals TCLP Soil (a combination of all RCRA metals)

$103

Metals Total Soil (a combination of all RCRA metals)

$94

Metals Water (a combination of all RCRA metals)

$119

Soil preparation for Metals TCLP Soil (one fee per sample)

$79

Soil preparation for Metals Total Soil (one fee per sample)

$16

Water preparation for Metals Water (one fee per sample)

$11

Other

En Core® Sampler, purge-and-trap sampler, or equivalent

sampling device

$10

Sample Shipping (*maximum total amount for shipping all

samples collected in a calendar day)

$50*

(Source: Added at 30 Ill. Reg. 4928, effective March 1, 2006)

Section 732.APPENDIX E Personnel Titles and Rates

Professional Engineer

Senior Prof. Engineer

Bachelor’s in Engineering

Professional Geologist

Senior Prof. Geologist

Bachelor’s in Geology or Hydrogeology

Bachelor’s in a Natural or Physical Science

Senior Project Manager

Account Technician II

Account Technician III

Account Technician IV

Senior Acct. Technician

Administrative Assistant I

Administrative Assistant II

Administrative Assistant III

Administrative Assistant IV

Senior Admin. Assistant

Senior Draftperson/CAD

Equivalent work-related or college level education with significant coursework in the

physical, life, or environmental sciences can be substituted for all or part of the specified

experience requirements.

Equivalent work-related or college level education with significant coursework in

accounting or business can be substituted for all or part of the specified experience

requirements.

Equivalent work-related or college level education with significant coursework in

administrative or secretarial services can be substituted for all or part of the specified

experience requirements.

Equivalent work-related or college level education with significant coursework in drafting

or computer aided design (“CAD”) can be substituted for all or part of the specified

experience requirements.

(Source: Added at 30 Ill. Reg. 4928, effective March 1, 2006)