TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE G: WASTE DISPOSAL
1. CHAPTER I: POLLUTION CONTROL BOARD
2. SUBCHAPTER d: UNDERGROUND INJECTION CONTROL AND UNDERGROUND STORAGE TANK PROGRAMS
SUBPART D: MISCELLANEOUS PROVISIONS
1. Section 734.400 General
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

TITLE 35: ENVIRONMENTAL PROTECTION

SUBTITLE G: WASTE DISPOSAL

CHAPTER I: POLLUTION CONTROL BOARD

SUBCHAPTER d: UNDERGROUND INJECTION

CONTROL AND UNDERGROUND

STORAGE TANK PROGRAMS

PART 734

PETROLEUM UNDERGROUND STORAGE TANKS

(RELEASES REPORTED ON OR AFTER JUNE 24, 2002)

Election to Proceed under Part 734

Incorporations by Reference

734.125

Agency Authority to Initiate Investigative, Preventive, or Corrective

Action

734.130

Licensed Professional Engineer or Licensed Professional Geologist

Supervision

734.135

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

Certifications

734.140

Development of Remediation Objectives

734.145

Notification of Field Activities

734.150

LUST Advisory Committee

SUBPART B: EARLY ACTION

Agency Authority to Initiate

Application for Payment of Early Action Costs

SUBPART C: SITE INVESTIGATION AND CORRECTIVE ACTION

Agency Authority to Initiate

734.310

Site Investigation – General

734.315

Stage 1 Site Investigation

734.320

Stage 2 Site Investigation

734.325

Stage 3 Site Investigation

734.330

Site Investigation Completion Report

734.335

Corrective Action Plan

734.340

Alternative Technologies

734.345

Corrective Action Completion Report

SUBPART D: MISCELLANEOUS PROVISIONS

Indicator Contaminants

734.410

Remediation Objectives

734.415

Data Quality

734.420

Laboratory Certification

734.425

Soil Borings

734.430

Monitoring Well Construction and Sampling

734.435

Sealing of Soil Borings and Groundwater Monitoring Wells

734.440

Site Map Requirements

734.445

Water Supply Well Survey

734.450

Deferred Site Investigation or Corrective Action; Priority List for Payment

SUBPART E: REVIEW OF PLANS, BUDGETS, AND REPORTS

Review of Plans, Budgets, or Reports

734.510

Standards for Review of Plans, Budgets, or Reports

SUBPART F: PAYMENT FROM THE FUND

Applications for Payment

734.610

Review of Applications for Payment

734.615

Authorization for Payment; Priority List

734.620

Limitations on Total Payments

734.625

Eligible Corrective Action Costs

734.630

Ineligible Corrective Action Costs

734.635

Payment for Handling Charges

734.640

Apportionment of Costs

734.645

Subrogation of Rights

734.650

Indemnification

734.655

Costs Covered by Insurance, Agreement, or Court Order

734.660

Determination and Collection of Excess Payments

734.665

Audits and Access to Records; Records Retention

SUBPART G: NO FURTHER REMEDIATION LETTERS

AND RECORDING REQUIREMENTS

Issuance of a No Further Remediation Letter

734.710

Contents of a No Further Remediation Letter

734.715

Duty to Record a No Further Remediation Letter

734.720

Voidance of a No Further Remediation Letter

SUBPART H: MAXIMUM PAYMENT AMOUNTS

UST Removal or Abandonment Costs

734.815

Free Product or Groundwater Removal and Disposal

734.820

Drilling, Well Installation, and Well Abandonment

734.825

Soil Removal and Disposal

734.830

Drum Disposal

734.835

Sample Handling and Analysis

734.840

Concrete, Asphalt, and Paving; Destruction or Dismantling and

Reassembly of Above Grade Structures

734.845

Professional Consulting Services

734.850

Payment on Time and Materials Basis

734.855

Bidding

734.860

Unusual or Extraordinary Circumstances

734.865

Handling Charges

734.870

Increase in Maximum Payment Amounts

734.875

Agency Review of Payment Amounts

734.APPENDIX A

Indicator Contaminants

734.APPENDIX B

Additional Parameters

734.APPENDIX C

Backfill Volumes

734.APPENDIX D

Sample Handling and Analysis

734.APPENDIX E

Personnel Titles and Rates

AUTHORITY: Implementing Sections 22.12 and 57 - 57.17 and authorized by Sections 5, 22,

27, and 57.14A of the Environmental Protection Act [415 ILCS 5/5, 22, 22.12, 27, and 57 -

57.17]

SOURCE: Adopted in R04-22/23 at 30 Ill. Reg.5090, effective March 1, 2006; amended in R07-

17 at 31 Ill. Reg. 16151, effective November 21, 2007.

NOTE: Italics denotes statutory language.

SUBPART A: GENERAL

Section 734.100

Applicability

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

used to contain petroleum and for which a release is reported to Illinois

Emergency Management Agency (IEMA) on or after March 1, 2006 in

accordance with the Office of State Fire Marshal (OSFM) regulations. 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 [415

ILCS 5/57.5].

For releases reported on or after June 24, 2002, but prior to March 1, 2006,

and for owners and operators electing prior to March 1, 2006 to proceed in

accordance with Title XVI of the Act as amended by P.A. 92-0554, the

Agency may deem that one or more requirements of this Part have been

satisfied, based upon activities conducted prior to March 1, 2006, even

though the activities were not conducted in strict accordance with the

requirements of this Part. For example, an owner or operator that

adequately defined the extent of on-site contamination prior to March 1,

2006 may be deemed to have satisfied Sections 734.210(h) and 734.315

even though sampling was not conducted in strict accordance with those

Sections.

Costs incurred pursuant to a budget approved prior to March 1, 2006 must

be reimbursed in accordance with the amounts approved in the budget and

must not be subject to the maximum payment amounts set forth in Subpart

H of this Part.

Owners or operators of any underground storage tank system used to contain

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

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

Section 734.105 of this Part.

Upon the receipt of a corrective action order issued by the OSFM on or after June

24, 2002, and pursuant to Section 57.5(g) of the Act [415 ILCS 5/57.5(g)], where

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

environment, the owner or operator of any underground storage tank system used

to contain petroleum and taken out of operation before January 2, 1974, or any

underground storage tank system used exclusively to store heating oil for

consumptive use on the premises where stored and which serves other than a farm

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

Owners or operators subject to this Part by law or by election must proceed

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

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

for purposes of this Part. The Agency may use its authority pursuant to the Act

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

corrective action by 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

. (1972)].

Any UST system holding hazardous waste listed or identified under

Subtitle C of the Solid Waste Disposal Act [42 USC 3251

et seq

.] or a

mixture of such hazardous waste or other regulated substances.

Section 734.105

Election to Proceed under Part 734

Owners or operators of any underground storage tank system used to contain

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

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

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

operator. Such election must be submitted on forms prescribed and provided by

the Agency and, if specified by the Agency in writing, in an electronic format.

Corrective action must then follow the requirements of this Part. The election

must be effective upon receipt by the Agency and must not be withdrawn once

made.

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

underground storage tanks used exclusively to store heating oil for consumptive

use on the premises where stored and that serve other than a farm or residential

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

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

Such election must be submitted on forms prescribed and provided by the Agency

and, if specified by the Agency in writing, in an electronic format. Corrective

action must then follow the requirements of this Part. The election must be

effective upon receipt by the Agency and must not be withdrawn once made.

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

with this Part must submit with their election a summary of the activities

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

The Agency must review and approve, reject, or modify the submission in

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

may deem a requirement of this Part to have been met, based upon activities

conducted prior to an owner’s or operator’s election, even though the activities

were not conducted in strict accordance with the requirement. For example, an

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

prior to the election may be deemed to have satisfied Sections 734.210(h) and

734.315 even though sampling was not conducted in strict accordance with those

Sections.

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

costs incurred in connection with the release and prior to the notification of

election must be payable from the Underground Storage Tank Fund in the same

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

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

notification of election must be payable from the Fund in accordance with this

Part.

This Section does not apply to any release for which the Agency has issued a No

Further Remediation Letter.

Section 734.110

Severability

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

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

portion not adjudged invalid.

Section 734.115

Definitions

Except as stated in this Section, or unless a different meaning

of a word or term is clear from the

context, the definitions of words or terms in this Part must be the same as those applied to the

same words or terms in the Environmental Protection Act [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].

“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].

“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 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

734.405 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 a constructed route that may allow for the transport

of mobile petroleum free-liquid or petroleum-based vapors including but not

limited to sewers, utility 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 a natural route 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 must 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 Sections 734.715(c) and (d) of this

Part.

"Person" means, for the purposes of interpreting the definitions of the terms

"owner" or "operator," an individual, trust, firm, joint stock company, joint

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

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

subdivision of a State, or any interstate body and must include the United States

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

States. (Derived from 42 USC 6991)

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

liquid at standard conditions of temperature and pressure (60°F and 14.7 pounds

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

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

means the Method Detection Limit or Estimated Detection Limit in accordance

with the applicable method revision in: "Methods for the Determination of Metals

in Environmental Samples," EPA Publication No. EPA/600/4-91/010; "Methods

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

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 734.120 of this Part.

“Property Damage”

means physical injury to, destruction of, or contamination of

tangible property

owned by a person other than an owner or 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,

[(35 Ill. Adm. Code Subtitle F)],

the geology of which renders a

potable resource groundwater particularly susceptible to contamination

[415

ILCS 5/3.390].

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

Comprehensive Environmental Response, Compensation, and Liability Act of

1980 (42 USC 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

[415

ILCS 5/14.1, 5/14.2, 5/14.3]

or regulations

[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].

“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.

“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 per centum 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. 16151, effective November 21, 2007)

Section 734.120

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 2487-93, Standard Test Method for Classification of Soils for

Engineering Purposes, approved September 15, 1993.

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

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

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

EPA Publication No. 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 (September 1986), 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.

Section 734.125

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

[415 ILCS 5/57.12(c)].

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

[415 ILCS 5/57.12(d)].

Section 734.130

Licensed Professional Engineer or Licensed

Professional Geologist

Supervision

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

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

be conducted or prepared under the supervision of a Licensed Professional Engineer or Licensed

Professional Geologist. Corrective Action Completion Reports submitted pursuant to Section

734.345 of this Part must be prepared under the supervision of a Licensed Professional Engineer.

Section 734.135

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

Certifications

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

prescribed and provided by the Agency and, if specified by the Agency in writing,

in an electronic format.

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

the owner’s or operator’s full name, address, and telephone number.

All plans, budgets, and reports submitted pursuant to this Part, excluding

Corrective Action Completion Reports submitted pursuant to Section 734.345 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 734.345 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, or report were conducted under my supervision or were

conducted under the supervision of another Licensed Professional

Engineer or Licensed Professional Geologist and reviewed by me; that this

plan, budget, or report and all attachments were prepared under my

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

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

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

734, and generally accepted standards and practices of my profession; and

that the information presented is accurate and complete. I am aware there

are significant penalties for submitting false statements or representations

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

provided in Sections 44 and 57.17 of the Environmental Protection Act

[415 ILCS 5/44 and 57.17].

Except in the case of sites subject to Section 734.715(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.

Section 734.140

Development of Remediation Objectives

The owner or operator must propose remediation objectives for the applicable indicator

contaminants in accordance with 35 Ill. Adm. Code 742.

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

whether contamination exceeds the most stringent Tier 1 remediation objectives of 35 Ill. Adm.

Code 742. Please note that these requirements do not limit the owner’s or operator’s ability to

use Tier 2 or Tier 3 remediation objectives in accordance with 35 Ill. Adm. Code 742.

The owner or operator may develop remediation objectives at any time during site

investigation or corrective action. Prior to developing Tier 2 or Tier 3

remediation objectives the owner or operator must propose the development of

remediation objectives in the appropriate site investigation plan or corrective

action plan. Documentation of the development of remediation objectives must

be included as a part of the appropriate plan or report.

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

development of Tier 2 or Tier 3 remediation objectives, propose the costs for such

activities in the appropriate budget. The costs should be consistent with the

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

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

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

remediation objectives, the owner or operator must proceed to develop

remediation objectives in accordance with the plan.

If, following the approval of any plan or associated budget that includes the

development of remediation objectives, an owner or operator determines that a

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

applicable, an amended plan or associated budget to the Agency for review. The

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

plan or budget in accordance with Subpart E of this Part.

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

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

operator may proceed to develop remediation objectives prior to the submittal or

approval of an otherwise required plan or budget. However, any such plan or

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

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

Part prior to receiving payment for any related costs or the issuance of a No

Further Remediation Letter.

BOARD NOTE: Owners or operators proceeding under subsection (e) of this Section are

advised that they may not be entitled to full payment. Furthermore, applications for payment

must be submitted no later than one year after the date the Agency issues a No Further

Remediation Letter. See Subpart F of this Part.

Section 734.145

Notification of Field Activities

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

date the field activities take place. The notice must include information prescribed by the

Agency, and may include, but is not be limited to, a description of the field activities to 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.

Section 734.150

LUST Advisory Committee

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

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

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

consist of the following individuals: one member designated by the Illinois Petroleum Marketers

Association, one member designated by the Illinois Petroleum Council, one member designated

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

Society of Professional Engineers, one member designated by the Illinois Chapter of the

American Institute of Professional Geologists, 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.

SUBPART B: EARLY ACTION

Section 734.200

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(a)]. No work plan or corresponding budget must

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.

Section 734.205

Agency Authority to Initiate

Pursuant to Sections 734.100 or 734.125 of this Part, the Agency must

have the authority to

require or initiate early action activities in accordance with the remainder of this Subpart B.

Section 734.210

Early Action

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

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

perform the following initial response actions within 24 hours after the release:

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

Take immediate action to prevent any further release of the regulated

substance to the environment; and

Identify and mitigate fire, explosion and vapor hazards.

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

owner or operator must perform the following initial abatement measures:

Remove as much of the petroleum from the UST system as 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 must comply with 35 Ill. Adm.

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

Measure for the presence of a release where contamination is most likely

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

have been confirmed in accordance with regulations promulgated by the

OSFM. In selecting sample types, sample locations, and measurement

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

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

appropriate for identifying the presence and source of the release; and

Investigate to determine the possible presence of free product, and begin

removal of free product as soon as practicable and in accordance with

Section 734.215 of this Part.

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

owner or operator must submit a report to the Agency summarizing the initial

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

information or data.

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

owner or operator must assemble information about the site and the nature of the

release, including information gained while confirming the release or completing

the initial abatement measures in subsections (a) and (b) of this Section. This

information must include, but is not limited to, the following:

Data on the nature and estimated quantity of release;

Data from available sources or site investigations concerning the

following factors: surrounding populations, water quality, use and

approximate locations of wells potentially affected by the release,

subsurface soil conditions, locations of subsurface sewers, 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 734.215 of this Part.

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

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

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

applicability and technical adequacy.

Notwithstanding any other corrective action taken, an owner 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 of 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

[415 ILCS 5/57.6(b)]

Early action may also include disposal in accordance with

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

from within 4 feet from the outside dimensions of the tank.

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

this Section must 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 must 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 must be eligible if the Agency determines

that they are consistent with early action.

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

notify IEMA of a suspected release and then confirm the release within 14 days to

IEMA pursuant to regulations promulgated by the OSFM. See 41 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 must determine whether the areas or locations of soil

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

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

stringent Tier 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 must

collect and analyze soil samples as indicated in subsections (h)(1)(A). The

Agency must allow an alternate location for, or excuse the collection of,

one or more samples if sample collection in the following locations is

made impracticable by site-specific circumstances.

One sample must be collected from each UST excavation wall.

The samples must be collected from locations representative of soil

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

of contamination cannot be identified on a wall, the sample must

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

one-third of the distance from the excavation floor to the ground

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

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

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

Two samples must be collected from the excavation floor below

each 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

734.405(g) of this Part to determine the indicator contaminants for

used oil. The remaining samples collected pursuant to subsections

(h)(1)(A) and (B) of this Section must then be analyzed for the

applicable used oil indicator contaminants.

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

must collect and analyze soil samples as follows. The Agency must allow

an alternate location for, or excuse the drilling of, one or more borings 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 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 (C) of this Section

are met, within 30 days after the completion of early action activities the

owner or operator must submit a report demonstrating compliance with

those remediation objectives. The report must include, but not be limited

to, the following:

A characterization of the site that demonstrates compliance with

the most stringent Tier 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 734.440 of

this Part that shows the locations of all samples collected

pursuant to this subsection (h);

ii)

Analytical results, chain of custody forms, and laboratory

certifications for all samples collected pursuant to this

subsection (h); and

iii)

A table comparing the analytical results of all samples

collected pursuant to this subsection (h) to the most

stringent Tier 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

734.440 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 must

continue in accordance with Subpart C of this Part:

There is evidence that groundwater wells have been impacted by

the release above the most 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 734.215 of this Part; or

There is evidence that contaminated soils may be or may have

been in contact with groundwater, unless:

The owner or operator pumps the excavation or tank cavity

dry, properly disposes of all contaminated water, and

demonstrates to the Agency that no recharge is evident

during the 24 hours following pumping; and

ii)

The Agency determines that further groundwater

investigation is not necessary.

Section 734.215

Free Product Removal

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

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

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 must:

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 must, at a minimum, provide the following:

The name of the persons responsible for implementing the free

product removal measures;

The estimated quantity, type and thickness of free product

observed or measured in wells, 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

If free product removal activities are conducted more than 45 days after

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

reports quarterly or in accordance with a schedule established by the

Agency.

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

obtain Agency approval for free product removal activities conducted within 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 with the corresponding free product removal plan. The budget

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 should be consistent with the eligible

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

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

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

method of free product removal and other methods of free product removal.

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

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

removal in accordance with the plan.

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

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

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

submittal or approval of an otherwise required free product removal plan or

budget. However, any such 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, an

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

complete free product removal, the owner or operator must submit, as applicable,

an amended free product removal plan or associated budget to the Agency for

review. The Agency must review and approve, reject, or require modification of

the amended removal plan and 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 budgets submitted by

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

Part.

Section 734.220

Application for Payment of Early Action Costs

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

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.

SUBPART C: SITE INVESTIGATION AND CORRECTIVE ACTION

Section 734.300

General

Unless the owner or operator submits

a report pursuant to Section 734.210(h)(3) of this Part

demonstrating that the most stringent Tier 1 remediation objectives of 35 Ill. Adm. Code 742 for

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

site, conduct corrective action, and prepare plans, budgets, and reports in accordance with the

requirements of this Subpart C.

Section 734.305

Agency Authority to Initiate

Pursuant to Section 734.100 or 734.125 of this Part, the Agency has the authority to require or

initiate site investigation and corrective action activities in accordance with the remainder of this

Subpart C.

Section 734.310

Site Investigation – General

The investigation of the release must proceed in three stages as set forth in this Part. If, after the

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

most stringent Tier 1 remediation objectives of 35 Ill. Adm. Code 742 for the applicable

indicator contaminants as a result of the release has been defined, the owner or operator must

cease investigation and proceed with the submission of a site investigation completion report in

accordance with Section 734.330 of this Part.

Prior to conducting site investigation activities pursuant to Section 734.315,

734.320, or 734.325 of this Part, the owner or operator must submit to the Agency

for review a site investigation plan. The plan must be designed to satisfy the

minimum requirements set forth in the applicable Section and to collect the

information required to be reported in the site investigation plan for the next stage

of the site investigation, or in the site investigation completion report, whichever

is applicable.

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

conducting any site investigation activities, submit to the Agency a site

investigation budget with the corresponding site investigation plan. The budget

must include, 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 investigation plan,

excluding handling charges and costs associated with monitoring well

abandonment. Costs associated with monitoring well abandonment must be

included in the corrective action budget. Site investigation budgets should be

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

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

this Part. A budget for a Stage 1 site investigation must consist of a certification

signed by the owner or operator, and by a Licensed Professional Engineer or

Licensed Professional Geologist, that the costs of the Stage 1 site investigation

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

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

by the Agency, the owner or operator shall conduct a site investigation in

accordance with the plan

[415 ILCS 5/57.7(a)(4)].

If, following the approval of any site investigation plan or associated budget, an

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

determine, within the area addressed in the applicable stage of the investigation,

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

the contamination, or the significant physical features of the site and surrounding

area that may affect contaminant transport and risk to human health and safety

and the environment, the owner or operator must submit, as applicable, an

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

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

amended plan or budget in accordance with Subpart E of this Part.

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

the Fund for all site investigation plans and associated budgets submitted by an

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

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

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

investigation activities in accordance with this Subpart C prior to the submittal or

approval of an otherwise required site investigation plan or budget. However, any

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

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

E of this Part prior to receiving payment for any related costs or the issuance of a

No Further Remediation Letter.

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

Section are advised that they may not be entitled to full payment. Furthermore,

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

the Agency issues a No Further Remediation Letter. See Subpart F of this Part.

Section 734.315

Stage 1 Site Investigation

The Stage 1 site investigation must be designed to gather initial information regarding the extent

of on-site soil and groundwater contamination that, as a result of the release, exceeds the most

stringent Tier 1 remediation objectives of 35 Ill. Adm. Code 742 for the applicable indicator

contaminants.

The Stage 1 site investigation must consist of the following:

Soil investigation.

Up to four borings must be drilled around each independent UST

field where one or more UST excavation samples collected

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

most stringent Tier 1 remediation objectives of 35 Ill. Adm. Code

742 for the applicable indicator contaminants. One additional

boring must be drilled as close as practicable to each UST field if a

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

of this Section. The borings must be advanced through the entire

vertical extent of contamination, based upon field observations and

field screening for organic vapors, provided that borings must be

drilled below the groundwater table only if site- specific conditions

warrant.

Up to two borings must be drilled around each UST piping run

where one or more piping run samples collected pursuant to

Section 734.210(h) exceed the most stringent Tier 1 remediation

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

contaminants. One additional boring must be drilled as close as

practicable to each UST piping run if a groundwater investigation

is not required under subsection (a)(2) of this Section. The borings

must be advanced through the entire vertical extent of

contamination, based upon field observations and field screening

for organic vapors, provided that borings must be drilled below the

groundwater table only if site-specific conditions warrant.

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

each boring drilled pursuant to subsections (a)(1)(A) and (B) of

this Section. Each sample must be collected from the location

within the five-foot interval that is the most contaminated as a

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

identified within a five-foot interval, the sample must be collected

from the center of the five-foot interval. All samples must be

analyzed for the applicable indicator contaminants.

Groundwater investigation.

A groundwater investigation is required under the following

circumstances:

There is evidence that groundwater wells have been

impacted by the release above the most stringent Tier 1

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

applicable indicator contaminants;

ii)

Free product that may impact groundwater is found to need

recovery in compliance with Section 734.215 of this Part;

iii)

There is evidence that contaminated soils may be or may

have been in contact with groundwater, except that, 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.

If a groundwater investigation is required, the owner or operator

must install five groundwater monitoring wells. One monitoring

well must be installed in the location where groundwater

contamination is most likely to be present. The four remaining

wells must be installed at the property boundary line or 200 feet

from the UST system, whichever is less, in opposite directions

from each other. The wells must be installed in locations where

they are most likely to detect groundwater contamination resulting

from the release and provide information regarding the

groundwater gradient and direction of flow.

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

each monitoring well installation boring drilled pursuant to

subsection (a)(2)(B) of this Section. Each sample must be

collected from the location within the five-foot interval that is the

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

contamination cannot be identified within a five-foot interval, the

sample must be collected from the center of the five-foot interval.

All soil samples exhibiting signs of contamination must be

analyzed for the applicable indicator contaminants. For borings

that do not exhibit any signs of soil contamination, samples from

the following intervals must be analyzed for the applicable

indicator contaminants, provided that the samples must not be

analyzed if other soil sampling conducted to date indicates that soil

contamination does not extend to the location of the monitoring

well installation boring:

The five-foot intervals intersecting the elevations of soil

samples collected pursuant to Section 734.210(h),

excluding backfill samples, that exceed the most stringent

Tier 1 remediation objectives of 35 Ill. Adm. Code 742 for

the applicable indicator contaminants.

ii)

The five-foot interval immediately above each five-foot

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

and

iii)

The five-foot interval immediately below each five-foot

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

Following the installation of the groundwater monitoring wells,

groundwater samples must be collected from each well and

analyzed for the applicable indicator contaminants.

As a part of the groundwater investigation an in-situ hydraulic

conductivity test must be performed in the first fully saturated

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

encountered, an in-situ hydraulic conductivity test must be

performed on each such unit.

Wells used for hydraulic conductivity testing must be

constructed in a manner that ensures the most accurate

results.

ii)

The screen must be contained within the saturated zone.

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

of this Part.

The Stage 1 site investigation plan must consist of a certification signed by the

owner or operator, and by a Licensed Professional Engineer or Licensed

Professional Geologist, that the Stage 1 site investigation will be conducted in

accordance with this Section.

If none of the samples collected as part of the Stage 1 site investigation exceed the

most stringent Tier 1 remediation objectives of 35 Ill. Adm. Code 742 for the

applicable indicator contaminants, the owner or operator must cease site

investigation and proceed with the submission of a site investigation completion

report in accordance with Section 734.330 of this Part. If one or more of the

samples collected as part of the Stage 1 site investigation exceed the most

stringent Tier 1 remediation objectives of 35 Ill. Adm. Code 742 for the

applicable indicator contaminants, within 30 days after completing the Stage 1

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

Stage 2 site investigation plan in accordance with Section 734.320 of this Part.

Section 734.320

Stage 2 Site Investigation

The Stage 2 site investigation must be designed to complete the identification of the extent of

soil and groundwater contamination at the site that, as a result of the release, exceeds the most

stringent Tier 1 remediation objectives of 35 Ill. Adm. Code 742 for the applicable indicator

contaminants. The investigation of any off-site contamination must be conducted as part of the

Stage 3 site investigation.

The Stage 2 site investigation must consist of the following:

The additional drilling of soil borings and collection of soil samples

necessary to identify the extent of soil contamination at the site that

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

Code 742 for the applicable indicator contaminants. Soil samples must be

collected in appropriate locations and at appropriate depths, based upon

the results of the soil sampling and other investigation activities conducted

to date, provided, however, that soil samples must not be collected below

the groundwater table. All samples must be analyzed for the applicable

indicator contaminants; and

The additional installation of groundwater monitoring wells and collection

of groundwater samples necessary to identify the extent of groundwater

contamination at the site that exceeds the most stringent Tier 1

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

indicator contaminants. If soil samples are collected from a monitoring

well boring, the samples must be collected in appropriate locations and at

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

investigation activities conducted to date, provided, however, that soil

samples must not be collected below the groundwater table. All samples

must be analyzed for the applicable indicator contaminants.

The Stage 2 site investigation plan must include, but not be limited to, the

following:

An executive summary of Stage 1 site investigation activities and actions

proposed in the Stage 2 site investigation plan to complete the

identification of the extent of soil and groundwater contamination at the

site that exceeds the most stringent Tier 1 remediation objectives of 35 Ill.

Adm. Code 742 for the applicable indicator contaminants;

A characterization of the site and surrounding area, including, but not

limited to, the following:

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

surrounding properties; and

The physical setting of the site and surrounding area including, but

not limited to, features relevant to environmental, geographic,

geologic, hydrologic, hydrogeologic, and topographic conditions;

The results of the Stage 1 site investigation, including but not limited to

the following:

One or more site maps meeting the requirements of Section

734.440 that show the locations of all borings and groundwater

monitoring wells completed to date, and the groundwater flow

direction;

One or more site maps meeting the requirements of Section

734.440 that show the locations of all samples collected to date and

analyzed for the applicable indicator contaminants;

One or more site maps meeting the requirements of Section

734.440 that show the extent of soil and groundwater

contamination at the site that exceeds the most stringent Tier 1

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

indicator contaminants;

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

site and the horizontal and vertical extent of soil and groundwater

contamination at the site that exceeds the most stringent Tier 1

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

indicator contaminants;

Analytical results, chain of custody forms, and laboratory

certifications for all samples analyzed for the applicable indicator

contaminants as part of the Stage 1 site investigation;

One or more tables comparing the analytical results of the samples

collected to date to the most stringent Tier 1 remediation objectives

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

Water supply well survey documentation required pursuant to

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

activities conducted as part of the Stage 1 site investigation; and

For soil borings and groundwater monitoring wells installed as part

of the Stage 1 site investigation, soil boring logs and monitoring

well construction diagrams meeting the requirements of Sections

734.425 and 734.430 of this Part; and

A Stage 2 sampling plan that includes, but is not limited to, the following:

A narrative justifying the activities proposed as part of the Stage 2

site investigation;

A map depicting the location of additional soil borings and

groundwater monitoring wells proposed to complete the

identification of the extent of soil and groundwater contamination

at the site that exceeds the most stringent Tier 1 remediation

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

contaminants; and

The depth and construction details of the proposed soil borings and

groundwater monitoring wells.

If the owner or operator proposes no site investigation activities in the Stage 2 site

investigation plan and none of the applicable indicator contaminants that exceed

the most stringent Tier 1 remediation objectives of 35 Ill. Adm. Code 742 as a

result of the release extend beyond the site’s property boundaries, upon

submission of the Stage 2 site investigation plan the owner or operator must cease

site investigation and proceed with the submission of a site investigation

completion report in accordance with Section 734.330 of this Part. If the owner

or operator proposes no site investigation activities in the Stage 2 site

investigation plan and applicable indicator contaminants that exceed the most

stringent Tier 1 remediation objectives of 35 Ill. Adm. Code 742 as a result of the

release extend beyond the site’s property boundaries, within 30 days after the

submission of the Stage 2 site investigation plan the owner or operator must

submit to the Agency for review a Stage 3 site investigation plan in accordance

with Section 734.325 of this Part.

If the results of a Stage 2 site investigation indicate that none of the applicable

indicator contaminants that exceed the most stringent Tier 1 remediation

objectives of 35 Ill. Adm. Code 742 as a result of the release extend beyond the

site’s property boundaries, upon completion of the Stage 2 site investigation the

owner or operator must cease site investigation and proceed with the submission

of a site investigation completion report in accordance with Section 734.330 of

this Part. If the results of the Stage 2 site investigation indicate that applicable

indicator contaminants that exceed the most stringent Tier 1 remediation

objectives of 35 Ill. Adm. Code 742 as a result of the release extend beyond the

site’s property boundaries, within 30 days after the completion of the Stage 2 site

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

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

Section 734.325

Stage 3 Site Investigation

The Stage 3 site investigation must be designed to identify the extent of off-site soil and

groundwater contamination that, as a result of the release, exceeds the most stringent Tier 1

remediation objectives of 35 Ill. Adm. Code 742 for the applicable indicator contaminants.

The Stage 3 site investigation must consist of the following:

The drilling of soil borings and collection of soil samples necessary to

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

boundaries that exceeds the most stringent Tier 1 remediation objectives

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

samples must be collected in appropriate locations and at appropriate

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

activities conducted to date, provided, however, that soil samples must not

be collected below the groundwater table. All samples must be analyzed

for the applicable indicator contaminants; and

The installation of groundwater monitoring wells and collection of

groundwater samples necessary to identify the extent of groundwater

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

stringent Tier 1 remediation objectives of 35 Ill. Adm. Code 742 for the

applicable indicator contaminants. If soil samples are collected from a

monitoring well boring, the samples must be collected in appropriate

locations and at appropriate depths, based upon the results of the soil

sampling and other investigation activities conducted to date, provided,

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

table. All samples must be analyzed for the applicable indicator

contaminants.

The Stage 3 site investigation plan must include, but is not limited to, the

following:

An executive summary of Stage 2 site investigation activities and actions

proposed in the Stage 3 site investigation plan to identify the extent of soil

and groundwater contamination beyond the site’s property boundaries that

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

Code 742 for the applicable indicator contaminants;

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

the following:

One or more site maps meeting the requirements of Section

734.440 that show the locations of all borings and groundwater

monitoring wells completed as part of the Stage 2 site

investigation;

One or more site maps meeting the requirements of Section

734.440 that show the locations of all groundwater monitoring

wells completed to date, and the groundwater flow direction;

One or more site maps meeting the requirements of Section

734.440 that show the extent of soil and groundwater

contamination at the site that exceeds the most stringent Tier 1

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

indicator contaminants;

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

site and the horizontal and vertical extent of soil and groundwater

contamination at the site that exceeds the most stringent Tier 1

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

indicator contaminants;

Analytical results, chain of custody forms, and laboratory

certifications for all samples analyzed for the applicable indicator

contaminants as part of the Stage 2 site investigation;

One or more tables comparing the analytical results of the samples

collected to date to the most stringent Tier 1 remediation objectives

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

and

For soil borings and groundwater monitoring wells installed as part

of the Stage 2 site investigation, soil boring logs and monitoring

well construction diagrams meeting the requirements of Sections

734.425 and 734.430 of this Part; and

A Stage 3 sampling plan that includes, but is not limited to, the following:

A narrative justifying the activities proposed as part of the Stage 3

site investigation;

A map depicting the location of soil borings and groundwater

monitoring wells proposed to identify the extent of soil and

groundwater contamination beyond the site’s property boundaries

that exceeds the most stringent Tier 1 remediation objectives of 35

Ill. Adm. Code 742 for the applicable indicator contaminants; and

The depth and construction details of the proposed soil borings and

groundwater monitoring wells.

Upon completion of the Stage 3 site investigation the owner or operator must

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

the requirements of Section 734.330 of this Part.

Section 734.330

Site Investigation Completion Report

Within 30 days after completing the site investigation, the owner or operator shall submit to the

Agency for approval a site investigation completion report

[415 ILCS 5/57.7(a)(5)]. At a

minimum,

a site investigation completion report must contain the following:

A history of the site with respect to the release;

A description of the site, including but not limited to the following:

General site information, including but not limited to the site’s and

surrounding area’s regional location; geography, hydrology, geology,

hydrogeology, and topography; existing and potential migration pathways

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

One or more maps meeting the requirements of Section 734.440 that show

the locations of all borings and groundwater monitoring wells completed

as part of site investigation, and the groundwater flow direction;

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

contamination exceeding the most stringent Tier 1 remediation objectives

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

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

of soil and groundwater contamination exceeding the most stringent Tier 1

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

indicator contaminants;

Soil boring logs and monitoring well construction diagrams meeting the

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

drilled and all groundwater monitoring wells installed as part of site

investigation;

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

all samples analyzed for the applicable indicator contaminants as part of

site investigation;

A table comparing the analytical results of samples collected as part of site

investigation to the most stringent Tier 1 remediation objectives of 35 Ill.

Adm. Code 742 for the applicable indicator contaminants; and

The water supply well survey documentation required pursuant to Section

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

as part of site investigation; and

A conclusion that includes, but is not limited to, an assessment of the sufficiency

of the data in the report.

Section 734.335

Corrective Action Plan

If any of

the applicable indicator contaminants exceed the

most stringent Tier 1

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

contaminants

, within 30 days after the Agency approves the site investigation

completion report

the owner or operator shall submit to the Agency for approval

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

safety, or the environment resulting from the underground storage tank release.

[415 ILCS 5/57.7(b)(2)]. The corrective action plan must address all media

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

information:

An executive summary that identifies the objectives of the corrective

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

objectives. At a minimum, the summary must include the following

information:

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

the corrective action plan;

The scope of the problems to be addressed by the proposed

corrective action, including but not limited to the specific indicator

contaminants and the physical area; and

A schedule for implementation and completion of the plan;

A statement of the remediation objectives proposed for the site;

A description of the remedial technologies selected and how each fits into

the overall corrective action strategy, including but not limited to the

following:

The feasibility of implementing the remedial technologies;

Whether the remedial technologies will perform satisfactorily and

reliably until the remediation objectives are achieved;

A schedule of when the remedial technologies are expected to

achieve the applicable remediation objectives and a rationale for

the schedule; and

For alternative technologies, the information required under

Section 734.340 of this Part;

A confirmation sampling plan that describes how the effectiveness of the

corrective action activities will be monitored or measured during their

implementation and after their completion;

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

A description of any engineered barriers or institutional controls proposed

for the site that will be relied upon to achieve remediation objectives. The

description must include, but not be limited to, an assessment of their

long-term reliability and operating and maintenance plans;

A description of water supply well survey activities required pursuant to

Sections 734.445(b) and (c) of this Part that were conducted as part of site

investigation; and

Appendices containing references and data sources relied upon in the

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

to field logs, well logs, and reports of laboratory analyses.

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

conducting any corrective action activities beyond site investigation, submit to the

Agency a corrective action budget with the corresponding corrective action plan.

The budget must include, 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 corrective action

plan, excluding handling charges. The budget should be consistent with the

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

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

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

proposed method of remediation and other methods of remediation.

Upon the Agency’s approval of a corrective action plan, or as otherwise directed

by the Agency, the owner or operator shall proceed with corrective action in

accordance with the plan

[415 ILCS 5/57.7(b)(4)].

Notwithstanding any requirement under this Part for the submission of a

corrective action plan or corrective action budget, except as provided at Section

734.340 of this Part, an owner or operator may proceed to conduct corrective

action activities in accordance with this Subpart C prior to the submittal or

approval of an otherwise required corrective action plan or budget. However, any

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

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

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 corrective action plan or associated budget, an

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

mitigate any threat to human health, human safety, or the environment resulting

from the underground storage tank release, the owner or operator must submit, as

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

for review. The Agency must review and approve, reject, or require modification

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

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

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

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

Section 734.340

Alternative Technologies

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

action in response to a release. Corrective action plans proposing the use of

alternative technologies must be submitted to the Agency in accordance with

Section 734.335 of this Part. In addition to the requirements for corrective action

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

an alternative technology must submit documentation along with the corrective

action plan demonstrating that:

The proposed alternative technology has a substantial likelihood of

successfully achieving compliance with all applicable regulations and

remediation objectives necessary to comply with the Act and regulations

and to protect human health and safety and the environment;

The proposed alternative technology will not adversely affect human

health and safety or the environment;

The owner or 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 must be

submitted to the Agency.

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

of an alternative technology must submit a corresponding budget in accordance

with Section 734.335 of this Part. In addition to the requirements for a corrective

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

the cost of the alternative technology will not exceed the cost of conventional

technology and is not substantially higher than other available alternative

technologies. The budget plan must compare the costs of at least two other

available alternative technologies to the costs of the proposed alternative

technology, if 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 from the Agency prior to implementing the plan and the

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

(a)(2) of this Section, such failure must not make the owner or operator ineligible

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

corrective action using conventional technology. However, in no case must the

total payment for the site exceed the statutory maximums. Owners or operators

implementing alternative technologies without obtaining pre-approval must be

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

using conventional technology.

The Agency may require remote monitoring of an alternative technology. The

monitoring may include, but is not limited to, monitoring the alternative

technology’s operation and progress in achieving the applicable remediation

objectives.

Section 734.345

Corrective Action Completion Report

Within 30 days after the completion of a corrective action plan that achieves

applicable remediation objectives the owner or operator shall submit to the

Agency for approval a corrective action completion report. The report shall

demonstrate whether corrective action was completed in accordance with the

approved corrective action plan and whether the remediation objectives approved

for the site, as well as any other requirements of the plan, have been achieved

[415 ILCS 5/57.7(b)(5)]. At a minimum, the report must contain the following

information:

An executive summary that identifies the overall objectives of the

corrective action and the technical approach utilized to meet those

objectives. At a minimum, the summary must contain the following

information:

A brief description of the site, including but not limited to a

description of the release, the applicable indicator contaminants,

the contaminated media, and the extent of soil and groundwater

contamination that exceeded the most stringent Tier 1 remediation

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

contaminants;

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

the corrective action;

The scope of the problems corrected or mitigated by the corrective

action; and

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

immediately adjacent to the site;

A description of the corrective action activities conducted, including but

not limited to the following:

A narrative description of the field activities conducted as part of

corrective action;

A narrative description of the remedial actions implemented at the

site and the performance of each remedial technology utilized;

Documentation of sampling activities conducted as part of

corrective action, including but not limited to the following:

Sample collection information, including but not limited to

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

collection, the collection method, and the sample location;

ii)

Sample preservation and shipment information, including

but not limited to field quality control;

iii)

Analytical procedure information, including but not limited

to the method detection limits and the practical quantitation

limits;

iv)

Chain of custody and control; and

Field and lab blanks; and

Soil boring logs and monitoring well construction diagrams

meeting the requirements of Sections 734.425 and 734.430 of this

Part for all borings drilled and all groundwater monitoring wells

installed as part of corrective action;

A narrative description of any special conditions relied upon as part of

corrective action, including but not limited to information regarding the

following:

Engineered barriers utilized in accordance with 35 Ill. Adm. Code

742 to achieve the approved remediation objectives;

Institutional controls utilized in accordance with 35 Ill. Adm. Code

742 to achieve the approved remediation objectives, including but

not limited to a legible copy of any such controls;

Other conditions, if any, necessary for protection of human health

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

No Further Remediation Letter; and

Any information required pursuant to Section 734.350 of this Part

regarding off-site access;

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

confirmation sampling results to the remediation objectives approved for

the site. The analysis must present the remediation objectives in an

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

information is organized and presented logically and the relationships

between the different investigations for each medium are apparent;

A conclusion that identifies the success in meeting the remediation

objectives approved for the site, including but not limited to an assessment

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

Appendices containing references and data sources relied upon in the

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

to field logs, well logs, and reports of laboratory analyses;

The water supply well survey documentation required pursuant to Section

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

as part of corrective action; and

A site map containing only the information required under Section

734.440 of this Part. The site map must also show any engineered barriers

utilized to achieve remediation objectives.

The owner or operator is not required to perform remedial action on an off-site

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

otherwise require such off-site action, if the Agency determines that the owner or

operator is unable to obtain access to the property despite the use of best efforts in

accordance with the requirements of Section 734.350 of this Part.

Section 734.350

Off-site Access

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

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

requirements of this Section.

In conducting best efforts to obtain off-site access, an owner or operator must, at a

minimum, send a letter by certified mail to the owner of any off-site property to

which access is required, stating:

Citation to Title XVI of the Act stating the legal responsibility of the

owner or operator to remediate the contamination caused by the release;

That, if the property owner denies access to the owner or operator, the

owner or 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 must issue a No Further Remediation Letter to an owner or operator

subject to this Section and otherwise entitled to such issuance only if the owner or

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

site corrective action or demonstrated to the Agency’s satisfaction an inability to

obtain off-site access despite best efforts.

The owner or operator is not relieved of responsibility to clean up a release that

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

Section 734.355

Status Report

If within 4 years after the approval of any corrective action plan the applicable

remediation objectives have

not been achieved and the owner or operator has not

submitted a corrective action completion report, the owner or operator shall

submit a status report for Agency review. The status report shall include, but is

not limited to, a description of the remediation activities taken to date, the

effectiveness of the method of remediation being used, the likelihood of meeting

the applicable remediation objectives using the current method of remediation,

and the date the applicable remediation objectives are expected to be achieved

[415 ILCS 5/57.7(b)(6)].

If the Agency determines any approved corrective action plan will not achieve

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 to the Agency for approval a revised corrective

action plan. If the owner or operator intends to seek payment from the Fund, the

owner or operator shall also submit a revised budget

[415 ILCS 5/57.7(b)(7)].

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

accordance with Section 734.335 of this Part.

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

subsection (b) of this Section must be subject to appeal to the Board within 35

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

permit decisions in Section 40 of the Act.

SUBPART D: MISCELLANEOUS PROVISIONS

Section 734.400

General

This Subpart D applies to all activities conducted under this Part and all plans, budgets, reports,

and other documents submitted under this Part.

Section 734.405

Indicator Contaminants

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

parameters identified in subsections (b) through (i) of this Section.

For gasoline, including but not limited to leaded, unleaded, premium and gasohol,

the indicator contaminants must 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 must also be an indicator contaminant.

For aviation turbine fuels, jet fuels, diesel fuels, gas turbine fuel oils, heating fuel

oils, illuminating oils, kerosene, lubricants, liquid asphalt and dust laying oils,

cable oils, crude oil, crude oil fractions, petroleum feedstocks, petroleum

fractions, and heavy oils, the indicator contaminants must be benzene,

ethylbenzene, toluene, total xylenes, and the polynuclear aromatics listed in

Appendix B of this Part. For leaded aviation turbine fuels, lead must also be an

indicator contaminant.

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

toluene, total xylenes, and the polynuclear aromatics and the polychlorinated

biphenyl parameters listed in Appendix B of this Part.

For hydraulic fluids the indicator contaminants must be benzene, ethylbenzene,

toluene, total xylenes, the polynuclear aromatics listed in 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 must 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 must be determined by the results of a

used oil soil sample analysis. In accordance with Section 734.210(h) of this Part,

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

excavation 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 must be those volatile, base/neutral,

and metal parameters listed at 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 must 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” must 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.

Section 734.410

Remediation Objectives

The owner or operator must 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 734.630(aaa) and (bbb) of this Part.

Section 734.415

Data Quality

The following activities must be conducted in accordance with “Test Methods for

Evaluating Solid Wastes, Physical/Chemical Methods,” EPA Publication No.

SW-846, incorporated by reference at Section 734.120 of this Part, or other

procedures as approved by the Agency:

All field sampling activities, including but not limited to activities relative

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

shipment, security, quality assurance and quality control, acceptance

criteria, corrective action, and decontamination procedures;

All field measurement activities, including but not limited to activities

relative to equipment and instrument operation, calibration and

maintenance, corrective action, and data handling; and

All quantitative analysis of samples to determine concentrations of

indicator contaminants, including but not limited to activities relative to

facilities, equipment and instrumentation, operating procedures, sample

management, test methods, equipment calibration and maintenance,

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

validation, reporting, and records management. Analyses of samples that

require more exacting detection limits than, or that cannot be analyzed by

standard methods identified in, “Test Methods for Evaluating Solid

Wastes, Physical/Chemical Methods,” EPA Publication No. SW-846,

must be conducted in accordance with analytical protocols developed in

consultation with and approved by the Agency.

The analytical methodology used for the analysis of indicator contaminants must

have a practical quantitation limit at or below the most stringent objectives or

detection levels set forth in 35 Ill. Adm. Code 742 or determined by the Agency

pursuant to Section 734.140 of this Part.

All field or laboratory measurements of samples to determine physical or

geophysical characteristics must be conducted in accordance with applicable

ASTM standards incorporated by reference at 35 Ill. Adm. Code 742.210, or other

procedures as approved by the Agency.

Section 734.420

Laboratory Certification

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

the approved test methods identified in 35 Ill. Adm. Code 186.180 must be completed by 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 must 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 must be deemed invalid.

Section 734.425

Soil Borings

Soil borings must be continuously sampled to ensure that no gaps appear in the

sample column.

Any water bearing unit encountered must be protected as necessary to prevent

cross-contamination during drilling.

Soil boring logs must be kept for all soil borings. The logs must be submitted in

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

corrective action completion report on forms prescribed and provided by the

Agency and, if specified by the Agency in writing, in an electronic format. At a

minimum, soil boring logs must contain the following information:

Sampling device, sample number, and amount of recovery;

Total depth of boring to the nearest 6 inches;

Detailed field observations describing materials encountered in boring,

including but not limited to soil constituents, consistency, color, density,

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

seams equal to or greater than 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;

Groundwater levels while boring and at completion; and

Unified Soil Classification System (USCS) soil classification group

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

Method for Classification of Soils for Engineering Purposes,”

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

approved method.

Section 734.430

Monitoring Well Construction and Sampling

At a minimum, all monitoring well construction must satisfy the following

requirements:

Wells must be constructed in a manner that will enable the collection of

representative groundwater samples;

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

borehole. Casing material must be inert so as not to affect the water

sample. Casing requiring solvent-cement type couplings must not be

used;

Wells must be screened to allow sampling only at the desired interval.

Annular space between the borehole wall and well screen section must 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 must be designed to minimize clogging. Screens must be

fabricated from material that is inert with respect to the constituents of the

groundwater to be sampled;

Annular space above the well screen section must 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 must extend to the highest known seasonal

groundwater level;

The annular space must be backfilled with expanding cement grout from

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

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

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

protect against tampering and damage. Locations of wells must be clearly

marked and protected against damage from vehicular traffic or other

activities associated with expected site use; and

Wells must be developed to allow free entry of groundwater, minimize

turbidity of the sample, and minimize clogging.

Monitoring well construction diagrams must be completed for each monitoring

well. The well construction diagrams must be submitted in the corresponding site

investigation plan, site investigation completion report, or corrective action

completion report on forms prescribed and provided by the Agency and, if

specified by the Agency in writing, in an electronic format.

Static groundwater elevations in each well must be determined and recorded

following well construction and prior to each sample collection to determine the

gradient of the groundwater table, and must be reported in the corresponding site

investigation plan, site investigation completion report or corrective action

completion report.

Section 734.435

Sealing of Soil Borings and Groundwater Monitoring Wells

Boreholes and monitoring wells must be abandoned pursuant to regulations promulgated by the

Illinois Department of Public Health at 77 Ill. Adm. Code 920.120.

Section 734.440

Site Map Requirements

At a minimum, all site maps submitted to the Agency must meet the following requirements:

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

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

the date the map was created; and

The maps must show the following:

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

other properties that are, 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.

Section 734.445

Water Supply Well Survey

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 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 not be

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.

In addition to the potable water supply wells identified pursuant to subsection (a)

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

soil or groundwater contamination exceeding the Tier 1 groundwater ingestion

exposure route remediation objectives of 35 Ill. Adm. Code 742 for the applicable

indicator contaminants extends beyond the site’s property boundary, or, as 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 not be 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 (a) or (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.).

Documentation of the water supply well survey conducted pursuant to this

Section must include, but not be limited to, the following:

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

The location of the community water supply wells and other

potable water supply wells identified pursuant to this Section, and

the setback zone for each well;

The location and extent of regulated recharge areas and wellhead

protection areas identified pursuant to this Section;

The current extent of groundwater contamination exceeding the

Tier 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)(1)(D) is not required to be shown in a site investigation report

if modeling is not performed as part of site investigation;

One or more tables listing the setback zones for each community water

supply well and other potable water supply wells identified pursuant to

this Section;

A narrative that, at a minimum, identifies each entity contacted to identify

potable water supply wells pursuant to this Section, the name and title of

each person contacted at each entity, and field observations associated

with the identification of potable water supply wells; and

A certification from a Licensed Professional Engineer or Licensed

Professional Geologist that the water supply well survey was conducted in

accordance with the requirements of this Section and that the

documentation submitted pursuant to subsection (d) of this Section

includes the information obtained as a result of the survey.

Section 734.450

Deferred Site Investigation or Corrective Action; Priority List for Payment

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

pursuant to this Part and who is eligible for payment from the Fund may elect to

defer site investigation or corrective action activities until funds are available in

an amount equal to the amount approved in the budget if the requirements of

subsection (b) of this Section are met.

Approvals of budgets must be pursuant to Agency review in accordance

with Subpart E of this Part.

The Agency must monitor the availability of funds and must provide

notice of insufficient funds to owners or operators in accordance with

Section 734.505(g) of this Part.

Owners and operators must submit elections to defer site investigation or

corrective action activities on forms prescribed and provided by the

Agency and, 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 site investigation or corrective

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

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

writing of its final action on any such election. If the Agency fails to

notify the owner or operator of its final action within 120 days after its

receipt of the election, the owner or operator may deem the election

rejected by operation of law.

The Agency must mail notices of final action on an election to

defer by registered or certified mail, post marked with a date stamp

and with return receipt requested. Final action must be deemed 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 site investigation or corrective

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

on a priority list for payment and notification of availability of sufficient

funds. Sites must enter the priority list for payment based solely on the

date the Agency receives a complete written election of deferral, with the

earliest dates having the highest priority.

As funds become available the Agency must encumber funds for each site

in the order of priority in an amount equal to the total of the approved

budget for which deferral was sought. The Agency must then notify

owners or operators that sufficient funds have been allocated for the owner

or operator's site. After such notification the owner or operator must

commence site investigation or corrective action activities.

Authorization of payment of encumbered funds for deferred site

investigation or corrective action activities must be approved in

accordance with the requirements of Subpart F of this Part.

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

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

Licensed Professional Engineer or Licensed Professional Geologist demonstrating

the following:

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

budget or corrective action budget;

The owner or operator has been determined eligible to seek payment from

the Fund;

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

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 not be limited to, the results of a water supply well survey

conducted in accordance with Section 734.445 of this Part.

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

investigation or corrective action activities. The Agency must be notified in

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

proceed with site investigation or corrective action, as applicable, in accordance

with the requirements of this Part.

SUBPART E: REVIEW OF PLANS, BUDGETS, AND REPORTS

Section 734.500

General

The Agency has the authority to review any plan, budget, or report, including any amended plan,

budget, or report, submitted pursuant to this Part. All such reviews are subject to the procedures

set forth in the Act and this Subpart E.

Section 734.505

Review of Plans, Budgets, or Reports

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

relied upon by the owner or operator or the Licensed Professional Engineer or

Licensed Professional Geologist in developing any plan, budget, or report selected

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

submitted in conjunction with the site.

The Agency has the authority to approve, reject, or require modification of any

plan, budget, or report it reviews. The Agency must notify the owner or operator

in writing of its final action on any such plan, budget, 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,

or report within 120 days after the receipt of a plan, budget, or report, the owner

or operator may deem the plan, budget, or report rejected by operation of law. If

the Agency rejects a plan, budget, or report or requires modifications, the written

notification must contain the following information, as applicable:

An explanation of the specific type of information, if any, that the Agency

needs to complete its review;

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

violated if the plan, budget, or report is approved; and

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

regulations may be violated if the plan, budget, or report is approved.

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

from the Fund, the Agency may delay final action on such plans until 120 days

after it receives the corrective action completion report required pursuant to

Section 734.345 of this Part.

An owner or operator may waive the right to a final decision within 120 days after

the submittal of a complete plan, budget, or report by submitting written notice to

the Agency prior to the applicable deadline. Any waiver must be for a minimum

of 60 days.

The Agency must mail notices of final action on plans, budgets, or reports by

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

requested. Final action must be deemed to have taken place on the post marked

date that such notice is mailed.

Any action by the Agency to reject or require modifications, or rejection by

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

within 35 days after the Agency's final action in the manner provided for the

review of permit decisions in Section 40 of the Act.

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

by the Agency, the Agency must include as part of the final notice to the owner or

operator a notice of insufficient funds if the Fund does not contain sufficient

funds to provide payment of the total costs approved in the budget.

Section 734.510

Standards for Review of Plans, Budgets, or Reports

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

completed to accomplish the goals of the plan and to achieve compliance with the

Act and regulations. Items to be reviewed, if applicable, must include, but not be

limited to, number and placement of wells and borings, number and types of

samples and analysis, results of sample analysis, and protocols to be followed in

making determinations. The overall goal of the technical review for plans must

be to determine if the plan is sufficient to satisfy the requirements of the Act and

regulations and has been prepared in accordance with generally accepted

engineering practices or principles of professional geology. The overall goal of

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

implemented in accordance with generally accepted engineering practices or

principles of professional geology, 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.

A financial review must consist of a detailed review of the costs associated with

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

the Act and regulations. Items to be reviewed must include, but are not limited to,

costs associated with any materials, activities, or services that are included in the

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

associated with materials, activities, and services must be reasonable, must be

consistent with the associated technical plan, must be incurred in the performance

of corrective action activities, must not be used for corrective action activities in

excess of those necessary to meet the minimum requirements of the Act and

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

Subpart H of this Part.

SUBPART F: PAYMENT FROM THE FUND

Section 734.600

General

The Agency has the authority to review any application for payment or reimbursement and to

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

for corrective action activities conducted pursuant to the Act and this Part. For purposes of this

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

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

in accordance with the procedures set forth in the Act and this Subpart F.

Section 734.605

Applications for Payment

An owner or operator seeking payment from the Fund 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. 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, provided, however,

that no budget must be required for early action activities conducted pursuant to

Subpart B of this Part other than free product removal activities conducted more

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

A complete application for payment must consist of the following elements:

A certification from a Licensed Professional Engineer or a Licensed

Professional Geologist acknowledged by the owner or operator that the

work performed has been in accordance with a technical plan approved by

the Agency or, for early action activities, in accordance with Subpart B of

this Part;

A statement of the amounts approved in the corresponding budget 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 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 734.620 of this Part;

A federal taxpayer identification number and legal status disclosure

certification;

Private insurance coverage form(s);

A minority/women's business form;

Designation of the address to which payment and notice of final action on

the application for payment are to be sent;

An accounting of all costs, including but not limited to, invoices, receipts,

and supporting documentation showing the dates and descriptions of the

work performed; and

10)

Proof of payment of subcontractor costs for which handling charges are

requested. Proof of payment may include cancelled checks, lien waivers,

or affidavits from the subcontractor.

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 must be mailed or

delivered to the address designated by the Agency. The Agency's record of the

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

dated, signed receipt from certified or registered mail.

Applications for partial or final payment may be submitted no more frequently

than once every 90 days.

Except for applications for payment for costs of early action conducted pursuant

to Subpart 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 must the Agency review an application for payment unless

there is an approved budget on file corresponding to the application for payment.

In no case must the Agency authorize payment to an owner or operator in

amounts greater than the amounts approved by the Agency in a corresponding

budget. Revised cost estimates or increased costs resulting from revised

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

Subpart E of this Part using amended budgets plans as required under this Part.

Applications for payment of costs associated with a Stage 1, Stage 2, or Stage 3

site investigation may not be submitted prior to the approval or modification of a

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

investigation completion report, whichever is applicable.

Applications for payment of costs associated with site investigation or corrective

action that was deferred pursuant to Section 734.450 of this Part may not be

submitted prior to approval or modification of the corresponding site investigation

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

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

than one year after the date the Agency issues a No Further Remediation Letter

pursuant to Subpart G of this Part. For releases for which the Agency issued a No

Further Remediation Letter prior to March 1, 2006, all applications for payment

must be submitted no later than March 1, 2007.

Section 734.610

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 734.605(b) of this Part;

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

product removal activities conducted more than 45 days after confirmation

of the presence of free product, whether the amounts sought are

reasonable, and whether there is sufficient documentation to demonstrate

that the work was completed in accordance with the requirements of this

Part;

For costs incurred pursuant to Subpart 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, 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 a 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,

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

for payment is consistent with work proposed and actually performed in

conjunction with the site.

Following a review, the Agency has the authority to approve, deny or require

modification of applications for payment or portions thereof. The Agency must

notify the owner or operator in writing of its final action on any such application

for payment. Except as provided in subsection (e) of this Section, if the Agency

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

contain the following information, as applicable:

An explanation of the specific type of information, if any, that the Agency

needs to complete the review;

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 must be for a

minimum of 30 days.

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

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

requested. Final action must be deemed to have taken place on the post marked

date that such notice is mailed. The Agency must mail notices of final action on

applications for payment, and direct the Comptroller to mail payments to the

owner or operator, at the address designated for receipt of payment in the

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

submitted subsequent to submittal of the application for payment.

Any action by the Agency to deny payment for an application for payment or

portion thereof or to require modification must be subject to appeal to the Board

within 35 days after the Agency's final action in the manner provided for the

review of permit decisions in Section 40 of the Act.

Section 734.615

Authorization for Payment; Priority List

Within 60 days after notification to an owner or operator that the application for

payment or a portion thereof has been approved by the Agency or by operation of

law, the Agency must forward to the Office of the State Comptroller in

accordance with subsection (d) or (e) of this Section a voucher in the amount

approved. If the owner or operator has filed an appeal with the Board of the

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

days after the final resolution of the appeal to forward to the Office of the State

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

Notwithstanding the time limits imposed by this Section, the Agency must not

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

available to issue payment.

The following rules must apply regarding deductibles:

Any deductible, as determined by the OSFM or the Agency, must be

subtracted from any amount approved for payment by the Agency or by

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

Only one deductible must apply per occurrence;

If multiple incident numbers are issued for a single site in the same

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

the incidents relate to more than one occurrence; and

Where more than one deductible determination is made, the higher

deductible must apply.

The Agency must instruct the Office of the State Comptroller to issue payment to

the owner or operator at the address designated in accordance with Section

734.605(b)(8) or (c) of this Part. In no case must 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 734.450 of this Part, payment must be authorized from

funds encumbered pursuant to Section 734.450(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 investigation or corrective action

in accordance with Section 734.450 of this Part, the Agency must form a priority

list for payment for the issuance of vouchers pursuant to subsection (a) of this

Section.

All such applications for payment must be assigned a date that is the date

upon which the complete application for partial or final payment was

received by the Agency. This date must determine the owner’s or

operator's priority for payment in accordance with subsection (e)(2) of this

Section, with the earliest dates receiving the highest priority.

Once payment is approved by the Agency or by operation of law or

ordered by the Board or courts, the application for payment must be

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

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

for those applications approved for payment.

Section 734.620

Limitations on Total Payments

Limitations

per occurrence:

The Agency shall not approve any payment from the Fund to pay an owner

or operator for costs of corrective action incurred by such owner or

operator in an amount in excess of $1,500,000 per occurrence

[415 ILCS

5/57.8(g)(1)]; and

The Agency shall not approve any payment from the Fund to pay an owner

or operator for costs of indemnification of such owner or operator in an

amount in excess of $1,500,000 per occurrence

[415 ILCS 5/57.8(g)(2)].

Aggregate limitations:

Notwithstanding any other provision of this

Part

, the Agency shall not

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

corrective action or indemnification incurred during a calendar year in

excess of the following amounts based on the number of petroleum

underground storage tanks owned or operated by such owner or operator

in Illinois:

For calendar years prior to 2002:

For calendar years 2002 and later:

Costs incurred in excess of the aggregate amounts set forth in

subsection

(b)(1) of this Section

shall not be eligible for payment in subsequent years.

[415 ILCS 5/57.8(d)(1)]

For purposes of

subsection (b) of this Section,

requests submitted by any of the

agencies, departments, boards, committees or commissions of the State 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)]

Section 734.625

Eligible Corrective Action Costs

Types of costs that may be eligible for payment from the Fund include those for

corrective action activities and for materials or services provided or performed 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 investigation and whether

the established remediation objectives have been met;

The installation and operation of groundwater investigation and

groundwater monitoring wells;

The removal, treatment, transportation, and disposal of soil contaminated

by petroleum at 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 or 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 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 of $10,000 per occurrence.

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

reassembly of above grade structures does not include costs associated

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

bumpers, posts, or canopies;

18)

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

Part, free product removal plans and associated budgets, free product

removal reports, site investigation plans and associated budgets, site

investigation completion reports, corrective action plans and associated

budgets, and corrective action completion reports;

19)

Costs associated with the removal or abandonment of a potable water

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

supply, whichever is less, if a Licensed Professional Engineer or Licensed

Professional Geologist certifies that such activity 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 or application for partial or final

payment that includes an itemized accounting of costs associated with activities,

materials, or services not identified in subsection (a) of this Section if the owner

or operator submits detailed information demonstrating that the activities,

materials, or services not identified in subsection (a) of this Section are essential

to the completion of the minimum corrective action requirements of the Act and

this Part.

Section 734.630

Ineligible Corrective Action Costs

Costs ineligible for payment from the Fund include but are not limited to:

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

feet of fill material from the outside dimensions of the UST, as set forth in

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

Section 734.210(f) of this Part, 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

734.210(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

734.125 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 OSFM;

Costs exceeding those contained in a budget or amended budget approved by the

Agency;

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

petroleum to IEMA in accordance with Section 734.210 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 and regulations;

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

aa)

Costs for activities and related services or materials that are unnecessary,

inconsistent with generally accepted engineering practices or principles of

professional geology, or unreasonable costs for justifiable activities, materials, or

services;

bb)

Costs requested that are based on mathematical errors;

cc)

Costs that lack supporting documentation;

dd)

Costs proposed as part of a budget that are unreasonable;

ee)

Costs incurred during early action that are unreasonable;

ff)

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;

gg)

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

for which the No Further Remediation Letter was received. This subsection (gg)

does not apply to the following:

Costs incurred for MTBE remediation pursuant to Section 734.405(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;

hh)

Handling charges for subcontractor costs that have been billed directly to the

owner or operator;

ii)

Handling charges for subcontractor costs when the contractor has not submitted

proof of payment of the subcontractor costs;

jj)

Costs associated with standby and demurrage;

kk)

Costs associated with a corrective action plan incurred after the Agency notifies

the owner or operator, pursuant to Section 734.355(b) 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;

ll)

Costs incurred prior to the effective date of an owner’s or operator’s election to

proceed in accordance with this Part, unless such costs were incurred for activities

approved as corrective action under this Part;

mm) Costs associated with the preparation of free product removal reports not

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

this Part;

nn)

Costs submitted more than one year after the date the Agency issues a No Further

Remediation Letter pursuant to Subpart G of this Part;

oo)

Costs for the destruction and replacement of concrete, asphalt, or paving, except

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

pp)

Costs incurred as a result of the destruction of, or damage to, any equipment,

fixtures, structures, utilities, or other items during corrective action activities,

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

qq)

Costs associated with oversight by an owner or operator;

rr)

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

primary contractor;

ss)

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 734.625(a)(16) of this Part;

tt)

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;

uu)

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 734.625(a)(19) of this Part;

vv)

Costs associated with the repair or replacement of potable water supply lines,

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

ww) 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 734.625(a)(19) or (20) of this Part;

xx)

For sites electing under Section 734.105 of this Part to proceed in accordance with

this Part, costs incurred pursuant to Section 734.210 of this Part;

yy)

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;

zz)

Costs that exceed the maximum payment amounts set forth in Subpart H of this

Part;

aaa)

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 (aaa) 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.

bbb) 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.

Section 734.635

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

Section 734.640

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.

Section 734.645

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)].

Section 734.650

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 a request 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 not

be limited to, the following:

A copy of the judgment certified by the court clerk as a true

and correct copy, a copy of the final order or determination

certified by the issuing agency of State government or

subdivision thereof as a true and correct copy, or a copy of

the settlement certified by the owner or operator as a true

and correct copy; and

ii)

Documentation demonstrating that the judgment, final

order, determination, or settlement arises out of bodily

injury or property damage suffered as a result of a release

of petroleum from the UST for which the release was

reported, and that the UST is owned or operated by the

owner or operator;

A copy of the OSFM or Agency eligibility and deductibility

determination;

Proof that approval of the indemnification requested will not

exceed the limitations set forth in the Act and Section 734.620 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 must 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

must 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 must not be placed on the

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

Attorney General. The approved application for payment must then enter the

priority list established at Section 734.615(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 734.210 of this Part;

Amounts arising out of bodily injury or property damage suffered as a

result of a release of petroleum from an underground storage tank for

which the owner or operator is not eligible to access the Fund;

Legal fees or costs, including but not limited to, legal fees or costs for

seeking payment under this Part, unless the owner or operator prevails

before the Board and the Board authorizes payment of such costs;

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

Board, OSFM, or Agency regulations;

Amounts associated with investigative action, preventive action,

corrective action, or enforcement action taken by the State of Illinois if the

owner or operator failed, without sufficient cause, to respond to a release

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

issued by the Agency pursuant to Section 734.125 of this Part and Section

57.12 of the Act;

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

is not required to be reported to 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 prior to the effective date of the owner’s or operator’s

election to proceed in accordance with this Part.

Section 734.655

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

[415 ILCS 5/57.8(e)].

Section 734.660

Determination and Collection of Excess Payments

If, for any reason, the Agency determines that an excess payment has been paid

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

to subsection (c) of this Section.

Upon identifying an excess payment, the Agency must notify the owner or

operator receiving the excess payment by certified or registered mail,

return receipt requested.

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

basis for the Agency's determination that the payment is in error.

The Agency's determination of an excess payment must 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

734.620 and 734.635 and Subpart H of this Part;

Payment received through fraudulent means;

Payment calculated on the basis of an arithmetic error;

Payment calculated by the Agency in reliance on incorrect information; or

Payment of costs that are not eligible for payment.

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

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 must prohibit the Agency from exercising

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

other collection methods available to the Agency by law.

If an owner or operator submits 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]

Section 734.665

Audits and Access to Records; Records Retention

Owners or operators that submit a report, plan, budget, application for payment,

or any other data or document 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;

The expiration of any other applicable record retention period.

SUBPART G: NO FURTHER REMEDIATION LETTERS

AND RECORDING REQUIREMENTS

Section 734.700

General

Subpart G provides the procedures for the 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.

Section 734.705

Issuance of a No Further Remediation Letter

Upon approval by the Agency of a report submitted pursuant to Section

734.210(h)(3) of this Part or a corrective action completion report, the Agency

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

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

of the Act. The No Further Remediation Letter must be denied if the Agency

rejects or requires modification of the applicable report.

The Agency must have 120 days after the date of receipt of the applicable report

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

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

accordance with Subpart E of this Part. If the Agency fails to send the No Further

Remediation Letter within 120 days, it must be deemed denied by operation of

law.

The notice of denial of a No Further Remediation Letter by the Agency may be

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

The reasons for the denial of the letter must be stated in the notification. The

denial must be considered a final determination appealable to the Board within 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 must mail the No Further Remediation Letter by registered or

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

Final action must be deemed to have taken place on the post marked 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 must mail the corrected letter to the

owner or operator as set forth in subsection (d) of this Section. The corrected

letter must be perfected by recording in accordance with the requirements of

Section 734.715 of this Part.

Section 734.710

Contents of a No Further Remediation

Letter

A No Further Remediation Letter issued pursuant to this Part must include all of the following:

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

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

description or by reference to a plat showing its boundaries, or, for the purposes

of Section 734.715(d) of this Part, other means sufficient to identify the site

location with particularity;

A statement that the remediation objectives were determined in accordance with

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 statutory and regulatory corrective action requirements applicable to

the occurrence have been complied with;

All corrective action concerning the remediation of the occurrence has

been completed; and

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 734.715(e) of this Part against the use of any site in

a manner inconsistent with any applicable land use limitation, without additional

appropriate remedial activities;

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

identified 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 734.715 of this Part;

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

734.715(e) of this Part;

Notification that further information regarding the site can be obtained from the

Agency through a request under the Freedom of Information Act [5 ILCS 140];

and

Any other provisions agreed to by the Agency and the owner or operator.

(Source: Amended at 31 Ill. Reg. 16151, effective November 21, 2007)

Section 734.715

Duty to Record a No Further Remediation Letter

Except as provided in subsections (c) and (d) of this Section, an owner or operator

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

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

controls (as set forth in 35 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 must be filed in accordance with Illinois

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

lapse of the 45 day period for recording, pursuant to Section 734.720(a)(5) of this

Part the Agency may void an unrecorded No Further Remediation Letter for

failure to record it in a timely manner.

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

Remediation Letter must be perfected upon the date of the official recording of

such letter. The owner or operator must 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

must apply:

In order for the No Further Remediation Letter to be perfected, the

highway authority with jurisdiction over the right-of-way must enter into 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

734.720 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 must apply:

To perfect a No Further Remediation Letter containing any restriction on

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

for the site must enter into a Land Use Control Memorandum of

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

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

Identify the location on the Federally Owned Property of the site

subject to the No Further Remediation Letter. Such identification

must be by means of common address, notations in any available

facility master land use plan, site specific GIS or GPS coordinates,

plat maps, or any other means that identify the site in question with

particularity;

Implement periodic site inspection procedures that ensure

oversight by the Federal Landholding Entities of any land use

limitations or restrictions imposed pursuant to the No Further

Remediation Letter;

Implement procedures for the Federal Landholding Entities to

periodically advise the Agency of continued compliance with all

maintenance and inspection requirements set forth in the LUC

MOA;

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 must submit the letter to

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

the site is located within 45 days after receipt of the letter. The letter must

be filed in accordance with Illinois law so it forms a permanent part of the

chain of title. The Federal Landholding Entity must obtain and submit to

the Agency, within 30 days after recording, a copy of the letter

demonstrating that the recording requirements have been satisfied.

Failure to comply with the requirements of this subsection (d) and the

LUC MOA may result in voidance of the No Further Remediation Letter

as well as any other penalties that may be available.

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

result of corrective action under this Part be used in a manner inconsistent with

the land use limitation set forth in the No Further Remediation Letter. The land

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

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.

Section 734.720

Voidance of a No Further Remediation Letter

The No Further Remediation Letter must be voidable if site activities are not

carried out in full compliance with the provisions of this Part, and 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 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 that:

were not identified as part of the investigative or remedial

activities upon which the issuance of the No Further Remediation

Letter was based;

results in the failure to meet the remediation objectives established

for the site; and

pose a threat to human health or the environment;

Upon the lapse of the 45 day period for recording the No Further

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

Further Remediation Letter in a timely manner;

The disturbance or removal of contamination left in place under an

approved plan;

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

Part and the Memorandum of Agreement entered in accordance with

Section 734.715(c) of this Part for a site that is located in a highway

authority right-of-way;

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

Part and the LUC MOA entered in accordance with Section 734.715(d) of

this Part for a site located on Federally Owned Property for which the

Federal Landholding Entity does not have the authority under federal law

to record institutional controls on the chain of title;

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

Part or the failure to record a No Further Remediation Letter perfected in

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

the transfer of the Federally Owned Property subject to the No Further

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 must provide a

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 must specify the cause for the voidance and

describe the facts in support of the cause.

The Agency must mail Notices of Voidance by registered or certified mail,

date stamped with return receipt requested.

Within 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 must be deemed denied and the petitioner

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

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

If the Agency's action is appealed, the action must not become effective

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 must file a Notice

of lis pendens with the office of the recorder or the registrar of

titles for the county in which the site is located. The notice must

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 must 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

must 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

must be filed in accordance with Illinois law so that it forms a permanent

part of the chain of title for the site.

SUBPART H: MAXIMUM PAYMENT AMOUNTS

Section 734.800

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 734.810 through

734.850 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 Section 734.870. 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 734.810

through 734.850 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 734.855 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 734.810 through 734.850, the amount in

Sections 734.810 through 734.850 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 734.860 of this Part.

The costs listed under each task set forth in Sections 734.810 through 734.850 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.

Section 734.810

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 not be 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

Section 734.815

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 not be 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 734.850

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.

Section 734.820

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 are not 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 not

be limited to, those associated with well construction and development.

Well Diameter

Maximum Total Amount

4 or 6 inches

$25.00/foot (well length)

8 inches or greater

$41.00/foot (well length)

Payment for costs associated with the abandonment of monitoring wells must not

exceed $10 per foot of well length.

Section 734.825

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

734.210(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 734.210(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 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 734.210(f) of

this Part must be determined in accordance with 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 734.210(f) of this Part must be determined in accordance with

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.

Section 734.830

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

Sample Handling and Analysis

Payment for costs associated with sample handling and analysis must not exceed the amounts set

forth in Section 734.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.

Section 734.840

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 subsection (a).

Depth of Material

Maximum Total Amount

per Square Foot

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

734.850 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.

Section 734.845

Professional Consulting Services

Payment for costs associated with professional consulting services will be reimbursed on a time

and materials basis pursuant to Section 734.850. 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, budgets, reports, applications for payment, and other

documentation.

Section 734.850

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 734.860 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 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 734.340(b) and 734.630(z) of this Part.

Section 734.855

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.

Section 734.860

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 include, but are not limited to, an inability

to obtain a minimum of three bids pursuant to Section 734.855 of this Part due to a limited

number of persons providing the service needed.

Section 734.865

Handling Charges

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

Part.

Section 734.870

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 1/100th. 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 payment 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.

Section 734.875

Agency Review of Payment Amounts

No less than 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.

Section 734.APPENDIX A Indicator Contaminants

TANK CONTENTS

INDICATOR CONTAMINANTS

GASOLINE

leaded

, unleaded, premium and gasohol

Methyl tertiary butyl ether (MTBE)

MIDDLE DISTILLATE AND HEAVY ENDS

aviation turbine fuels

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

high-flash aromatic naphthas

VM&P naphthas

moderately volatile hydrocarbon solvents

petroleum extender oils

USED OIL

Screening sample

lead is also an indicator contaminant

the polychlorinated biphenyl parameters listed in Appendix B are also indicator

contaminants

barium is also an indicator contaminant

the volatile, base/neutral and polynuclear aromatic parameters listed in Appendix B are

also indicator contaminants

used oil indicator contaminants must be based on the results of a used oil soil sample

analysis - refer to Section 734.405(g) of this Part

Section 734.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)

Section 734.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.

Section 734.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 734.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*

Section 734.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.