J

I

TITLE 35 : ENVIRONMENTAL PROTECTION

SUBTITLE

NO :

RIGHT TO KNOW

CHAPTER I

: POLLUTION CONTROL BOARD

PART 1505

STANDARDS AND REQUIREMENTS FOR POTABLE WATER SUPPLY WELL SURVEYS AND FOR

COMMUNITY RELATIONS ACTIVITIES PERFORMED IN CONJUNCTION WITH AGENCY NOTICES OF

THREATS FROM CONTAMINATION

SUBPART A

: GENERAL

Section

1505 .100

Purpose and Scope

1505

.105

Applicability

1505 .110

Definitions

1505 .115

Severability

SUBPART B

: STANDARDS AND REQUIREMENTS FOR

POTABLE WATER SUPPLY WELL SURVEYS

Section

1505 .200

Purpose and Scope

1505 .205

Applicability

1505 .210

Procedures for Potable Water Supply Well Surveys

SUBPART C

: STANDARDS AND REQUIREMENTS FOR

COMMUNITY RELATIONS ACTIVITIES

Section

1505 .300

Purpose and Scope

1505 .305

Applicability

1505 .310

Contact Lists and Fact Sheets

1505 .315

Community Relations Plans

1505

.320

Establishment of Document Repository

1505 .325

Submission of Fact Sheets and Community Relations Plans for Review

1505 .330

Agency Reviews of Fact Sheets and Community Relations Plans

1505 .335

Implementation of Community Relations Plans and Distribution of Fact

Sheets ; Compliance Monitoring and Records Retention

1505

.340

Compliance

1505 APPENDIX A

Contents of Ag

y

Model Community Relations Plan

AUTHORITY

: Implementing Sections 25d-3(c) and 25d-7(a) and authorized by

Section 25d-7(a) of the Environmental Protection Act [415 ILCS 5/25d-3(c),

S/ e

and 25d-7(a)] .

SOURCE

: Adopted in R06-23 at 30 Ill

. Reg .

, effective,

NOTE :

Italics denote statutory language .

SUBPART A : GENERAL

Section 1505 .100

Purpose and Scope

I

I

The purpose of this Part is to set forth in accordance with Section 25d-7 of the

Act [415 ILCS 5/25d-7] the minimum procedures for conducting potable water

supply well surveys pursuant to applicable Board rules and for the documentation

---

and reporting

of the results of those surveys

to the Agency . In addition,

the

purpose of this Part

is to set forth in

accordance with Section 25d-7 of the

Act

standards and requirements

for the performance of

community relations activities

when the Agency has

authorized the responsible party

to provide the notice

pursuant to subsections (a)

and (c) of Section 25d-3 of the

Act [415 ILCS 5/25d-

3(a),S/25d

3and _ (c)]

as part of the Agency-approved community relations

activities

. Subsection (a) of Section 25d-3 of the Act requires that the Agency

provide notice under certain specified circumstances while subsection (c) of

Section 25d-3 provides that the Agency may authorize a responsible party who has

implemented community relations activities to provide the notice in place of the

Agency

. The standards and requirements in Subpart C of this Part are for

community relations activities performed by those authorized to provide notice

in place of the Agency

. This Part establishes the minimum standards and

requirements for the performance of the potable water supply well surveys and

the development, review, implementation and distribution of fact sheets and

community relations plans and the establishment and maintenance of document

repositories .

Section 1505

.105

Applicability

Subparts B and C of this Part contain separate and independent applicability

provisions .

Section 1505 .110

Definitions

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

term is clear from the context, the definitions of words or terms in this Part

shall be the same as that applied to the same words or terms in Title I or Title

VI-D of the Environmental Protection Act

.

"Act" means the Environmental Protection Act- [415 ILCS

5],,

"Agency" is the Illinois Environmental Protection Agency

. [415 ILCS 5/3 .105]

"Board" is the Pollution Control Board

. [415 ILCS 5/3

.130]

"Community relations plan" or "CRP" means a plan containing goals, milestones,

and specific tasks that will accomplish two-way communications between a party

performing a response action and community members who may be interested in or

affected by site contamination or activities at the remediation site

.

"Contaminant" is any solid, liquid or gaseous matter, any odor, or any form of

energy, from whatever source

. [415 ILCS 5/3

.165]

"Contamination" or "contaminate", when used in connection with groundwater,

means water pollution of such groundwater

. [415 ILCS 5/3

.170]

"Person" means individual, trust, firm, joint stock company, joint venture,

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

partnership, association, state, municipality, commission, political subdivision

of a state, or any interstate body, including the United States Government and

each department, agency and instrumentality of the United States

. [415 ILCS

5/58 .2]

I

I

I

"Person performing a response action" means the person(s) taking responsibility

for addressing a release by authorizing or approving the performance of a

response action (e .g .,

Leaking Underground Storage Tank Program owner or

---

operator, Site Remediation

Program Remediation Applicant, permittees)

. The

phrase does not include persons who have been hired or authorized to perform the

response action by the person taking responsibility for the release or persons

with whom the person taking responsibility for the release has contracted or

subcontracted to perform the response action

.

"Release" means any spilling, leaking, pumping, pouring, emitting, emptying,

discharging, injecting, escaping, leaching, dumping, or disposing into the

environment, but excludes any release which results in exposure to persons

solely within a workplace, with respect to a claim which such persons may assert

against the employer or such persons

; emissions from the engine exhaust of a

motor vehicle, rolling stock, aircraft, vessel, or pipeline pumping station

engine

; release of source, byproduct, or special nuclear material from a nuclear

incident, as those terms are defined in the federal Atomic Energy Act of 1954,

if such release is subject to requirements with respect to financial protection

established by the Nuclear Regulatory Commission under Section 170 of such Act

;

and the normal application of fertilizer

. [415 ILCS 5/3 .3951

"Response action" means any action or series of actions taken to address a

release of contaminants or its effects as may be necessary or appropriate to

protect human health or the environment

. A response action may include, but is

not limited to, release investigation and characterization, soil remediation,

and groundwater remediation

.

Section 1505 .115

Severability

If any provision of this Part is adjudged invalid, or if the application to any

person or in any circumstance is adjudged invalid, such invalidity shall not

affect the validity of this Part as a whole or any Subpart, Section, subsection,

sentence or clause thereof not adjudged invalid .

SUBPART B

: STANDARDS AND REQUIREMENTS FOR

POTABLE WATER SUPPLY WELL SURVEYS

Section 1505 .200

Purpose and Scope

The purpose of this Subpart B is to establish minimum standards and requirements

for performing potable water supply well surveys to ensure that these wells are

accurately identified and located so that impacts and potential impacts to such

wells from soil or groundwater contamination, or both, can be identified

. The

effects of soil contamination on groundwater contamination are evaluated as the

soil component of the groundwater ingestion exposure route using modeling as

referenced in this Subpart B

. This Subpart B sets forth the procedures persons

subject to this Subpart B shall use to perform potable water supply well surveys

and for the documentation of the results of well surveys in reports to the

Agency .

Section 1505 .205

Applicability

a)

Except as provided in subsection (b) of this Section, this Subpart B

applies to persons performing response actions pursuant to applicable Board

rules

. Whenever a response action for soil or groundwater contamination, or

both, is required pursuant to applicable Board rules, the person subject to

those rules shall comply with the standards and requirements of this Subpart B

when a well survey is required to determine the existence and location of

potable water supply wells

. When determining the existence and location of

---

these wells, the person also shall identify and locate setback zones and

regulated recharge areas associated with the wells .

1)

This Subpart B does not contain an independent requirement to

perform a potable water supply well survey . If the Board rules governing or

Agency interpretations of those rules + require the performance of a well survey

as part of the response action, this Subpart B sets forth the minimum standards

and requirements that must be satisfied when performing that well survey and

preparing the documentation for submission to the Agency . In addition, the

submission and review of well survey documentation and appeals of Agency final

determinations concerning well survey procedures and reporting are subject to

the rules governing the response action

.

2)

Applicable Board rules requiring potable water supply well surveys

as part of response actions may supersede the requirements of this Subpart B

only to the extent their express provisions are equivalent to or more stringent

than the standards and requirements of this Subpart B .

b)

Persons performing response actions pursuant to applicable Board rules who

already have initiated the response action for a release as of the effective

date of this Part may be required by the Agency to perform an otherwise required

potable water supply well survey in accordance with this Subpart B if :

1)

The Agency requires the performance of a well survey in accordance with

the applicable Board rules ; and

2)

The well survey

L

8L

has not been performed as of the effective date of this Part ; or

3$) The wcll ourvcy has been performed but has not been approved by the Agency

as of the effective date of this Part and the well survey performed does not

satisfy the requirements of this Subpart B .

c)

Nothing in this Subpart B is intended to prohibit the use of all or some

of the standards and requirements set forth in this Subpart B in other rules or

contexts as authorized by those rules, Board or court orders, or other

applicable law .

Section 1505 .210

Procedures for Potable Water Supply Well Surveys

a)

When applicable Board rules require a well survey to determine the

existence and location of potable water supply wells, persons subject to this

Subpart B shall identify all private, semi-private, and non-community water

system wells located at the property where the release occurred or within 200

feet of the property where the release occurred, all community water system

("CWS") wells located at the property where the release occurred or within 2,500

feet of the property where the release occurred, and all setback zones and

regulated recharge areas in which all or any portion of the property where the

release occurred is located .

b)

Actions taken to identify the wells and associated protected areas shall

include, but not be limited to, the following :

1)

Contacting the Agency's Division of Public Water Supplies to identify

community water system wells and associated setback zones and regulated recharge

areas ;

---

2) 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 system wells, and their setback zones

;

and

3)

Contacting the local public water supply entities to identify properties

that receive potable water from a public water supply

.

c)

In addition to identifying potable water supply wells and associated

protected areas pursuant to subsections (a) and (b) of this Section, persons

subject to this Subpart B

shall expand the area of the potable water supply well

survey if measured or modeled groundwater contamination extends beyond a

boundary of the property where the release occurred in concentrations exceeding

the applicable remediation objectives of 35 Ill . Adm

. Code 742 .Appendix B : Table

E for the groundwater ingestion route or the applicable groundwater quality

standards at 35 Ill

. Adm . Code 620 (e .g ., Class I, Class III)

. If there is no

Table E objective or Part 620 standard, the objective shall be determined or

approved by the Agency in accordance with 35 Ill

. Adm . Code 620

.Subpart F .

1)

The extent of modeled groundwater contamination shall be determined

using the procedures of 35 Ill . Adm

. Code 742 or another model or methodology

approved by the Agency

. When modeling the extent of groundwater contamination,

the modeling shall include the impact from soil contamination in concentrations

exceeding the applicable remediation objectives for the soil component of the

groundwater ingestion exposure route .

2)

At a minimum, the expanded well survey shall identify the following

:

A)

All private, semi-private, and non-community water system wells located

within 200 feet, and all community water system wells located within 2,500 feet,

of the measured and modeled extent of groundwater contamination exceeding the

Part 742 or Part 620 remediation objectives for the groundwater ingestion

exposure route ; and

B)

All setback zones and regulated recharge areas in which any portion of the

measured and modeled extent of groundwater contamination exceeding the Part 742

or Part 620 remediation objectives for the groundwater ingestion exposure route

is located .

I

d)

The Agency may, based on site-specific circumstances or information

collection deficiencies (e .g .,

incomplete, conflicting or imprecise information,

information assembled from unverified sources), require additional investigation

to determine the existence or location of potable water supply wells, setback

zones or regulated recharge areas

. The additional investigation may include,

but shall not be limited to, physical well surveys

(e.g.,

interviewing property

owners, investigating individual properties for wellheads, distributing door

hangers or other materials requesting information about the existence of potable

water

s

:nnly wells) .

e)

Documentation of a potable water supply well survey conducted in

accordance with this Section shall include, but not be limited to, the

following :

---

1)

One or more maps to a scale

clearly showing the

following :

A)

The locations of

the community water

system wells and other potable water

supply wells identified pursuant to this Section

; and

B)

The location and extent of setback zones and regulated recharge areas

identified pursuant to this Section

.

2)

The maps showing the well locations, setback zones and regulated recharge

areas pursuant to subsection (e) (1) of this Section shall show those areas in

relation to the measured and modeled extent of groundwater contamination

exceeding the remediation objectives of Part 742 or Part 620 for the groundwater

ingestion exposure route .

3)

One or more tables listing the applicable setback zones and regulated

recharge areas for each community water system well and other potable water

supply wells identified pursuant to this Section

; and,

4)

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

identify potable water supply wells and protected areas pursuant to this

Section, the name and title of each person contacted at each entity, and field

observations, if any, associated with the identification and location of potable

water supply wells .

SUBPART C

: STANDARDS AND REQUIREMENTS FOR

COMMUNITY RELATIONS ACTIVITIES

Section 1505 .300

Purpose and Scope

a)

The purpose of this Subpart C is to establish the minimum standards and

requirements for the development and implementation of community relations

activities in accordance with Section 25d-7 of the Act when the Agency has

authorized the responsible party to provide the notice pursuant to subsections

(a) and (c) of Section 25d-3 of the Act as part of the Agency-approved community

relations activities

. In addition, it is the purpose of this Part to ensure

that these community relations activities fully inform communities and

individuals in a timely manner about offsite impacts or potential impacts from

soil or groundwater contamination or both and the responses to such impacts

.

This Subpart C contains requirements for the content, submission for review,

distribution and implementation of fact sheets and community relations plans,

and the establishment and maintenance of document repositories

.

I

b)

Subpart C

not alimitation :pTnt a Limitation

1)

This Subpart C establishes minimum requirements for community relations

activities when such activities are to be performed in place of a notice by the

Agency in accordance with subsection (a) of Section 25d-3 of the Act

. Nothing

in this Subpart C is intended to prohibit or prevent a person from implementing

other community relations activities sooner than required by this Subpart or

under circumstances in addition to those described in this Subpart

. The Agency

may recommend that community relations activities be performed at other times

and under other circumstances and may offer assistance with development and

implementation of such activities where resources permit

.

2)

Nothing in this Subpart C is intended to limit in any way the Agency's

authority to provide independent notice of threats of exposure to the public

from soil or groundwater contamination, or both, in accordance with Title VI-D

---

i

of the Act [415 ILCS 5/25d-1

-through 25d-10] and implementing rules or

under

any other authority .

Section 1505 .305

Applicability

a)

Whenever the Agency determines that it must provide notice pursuant to

subsection (a) of Section 25d-3 of the Act, the Agency may authorize the

responsible party to provide the notice as part of the Agency-approved community

relations activities developed and implemented in accordance with this Subpart

C .

b)

Nothing in this Subpart C requires the development and implementation of

community relations activities in accordance with this Subpart unless

:

1)

The Agency notifies the responsible party in writing that a notice

must be issued under subsection (a) of Section 25d-3 of the Act

;

2)

As a part of the written notice to the responsible party, the Agency

offers the responsible party the opportunity to provide the notice in lieu of

the Agency issuing the notice

; and

3)

The responsible party accepts the Agency's offer and notifies the

Agency in writing within seven days

e€after

receipt of the Agency's offer

(unless a longer period of time is provided in the Agency's notice letter) that

it intends to provide the notice as part of the community relations activities

developed and implemented in accordance with Subpart C of this Part in lieu of

the Agency providing the notice

.

c)

Nothing in this Subpart C is intended to prohibit the use of all or some

of the standards and requirements set forth in this Subpart C in other rules or

contexts as authorized by those rules, Board or court orders, or other

applicable law .

Section 1505 .310

Contact Lists and Fact Sheets

a)

Persons authorized by the Agency to provide notice pursuant to subsections

(a) and (c) of section 25d-3 of the Act as part of community relations

activities shall comply with community relations requirements in subsection (b)

of this Section if :

1)

Measured or modeled groundwater contamination from the site where

the release occurred (including the impact from soil contamination in

concentrations exceeding the applicable remediation objectives for the soil

component of the groundwater ingestion exposure route) poses a threat above the

Class I groundwater quality standards at 35 Ill

. Adm

. Code 620 at five or fewer

offsite private, semi-private or non-community water system wells

; or

2)

Offsite soil contamination from the site where the release occurred

poses a threat of exposure to the public above the appropriate Tier 1

remediation objectives for the current use(s) at five or fewer offsite

properties .

b)

The person authorized to provide notice as part of community relations

activities and within the limits set forth in subsection (a) of this section

shall develop a contact list and develop and distribute a fact sheet in

accordance with this subsection

(b) .

---

1)

The person shall prepare a contact list including, but not limited

to, the following affected, potentially affected or interested persons, as

applicable :

A) Owners of properties served by private, semi-private or non-

community water system wells that have been or may be impacted by groundwater

contamination from the release ;

B)

Owners of offsite properties with soil contamination posing a

threat of exposure above the appropriate Tier 1 remediation objectives for the

current use(s) ;

C)

Occupants of the properties identified in subsections

(b) (1) (A) and (b) (1) (B) of this Section to the extent reasonably practicable .

The contact list shall include the methods by which the responsible party has

attempted to identify the occupants ;

D)

Owners of properties without potable water supply wells but

with groundwater that has been or may be impacted by groundwater contamination

from the release ; and

E)

Officials of each unit of government serving the affected

properties, including otatcstate and federal legislators, county board chairs

and county clerks, township supervisors, and

mayormavors

or village presidents

and city or village clerks . Officials of specialized districts (e .g ., school,

drainage, park districts) may be excluded from the contact list unless required

pursuant to subsections (b) (1) (A) through (b) (1) (D) of this Section

.

2)

The person shall develop a fact sheet for the release and response action

.

The fact sheet shall be distributed to the contact list as derived from

subsection (b) (1) of this section . The fact sheet shall be written clearly and

concisely in non-technical, non-legal terminology . The fact sheet and any

required updates

; shall contain, at a minimum, the following information to the

extent available :

A)

The nature and extent of the contaminants identified on and off the site

where the release occurred ;

B)

A brief description of the pathways of potential exposure and the

potential adverse public health effects posed by the contaminants ;

C)

A description of any precautionary measures affected or potentially

affected parties should take to avoid or reduce potential public health impacts,

including potable water sunnly_well sampling and analysis recommendations, as

appropriate

;

D)

A non-technical description of the steps that are proposed to address the

contamination including, but not limited to, soil excavation and treatment,

disposal or redistribution, pump-and-treat, bio-remediation, reliance on

engineered barriers or institutional controls, groundwater monitoring, and so

forth ;

I

I

E)

The anticipated remediation schedule through completion of the project,

including any operation, maintenance or monitoring following construction of the

remedy ;

---

F)

The nature of

the closure documentation expected

from the Agency (e .g .,

focused

or comprehensive No Further Remediation

("NFR")

Letter, permit

modification, reliance on engineered barriers or institutional controls)

;

G)

The date of preparation of the fact sheet, the name of the

representative(s) of the business, site or facility from whom information and

site-related documents may be obtained, and e-mail address, postal address and

telephone number where the representative(s) can be reached

; and

H)

The name, e-mail address, postal address and telephone number of the

Agency's designated staff person and a statement that additional information and

site-related documents may be available by contacting the Agency's designated

staff person or by filing a request for site-specific information with the

appropriate Agency bureau in accordance with the Freedom of Information Act {15

ILCS 140}1

.

c)

For information that is not available when a fact sheet is prepared

pursuant to subsection (b) (2) of this Section, the submission of the fact sheet

to the Agency for review shall be accompanied by an explanation of why the

information is unavailable at the time of the submission of the fact sheet and

an estimate of when the missing information will be supplied in a revised fact

sheet .

d)

Fact sheets and contact lists developed in accordance with this Section

shall be updated and redistributed whenever new information is obtained or

developed or circumstances change so that there is a material change to the

information required or provided in the fact sheet

(e .g .,

completion of site

investigation and characterization of the nature and extent of contaminants,

higher concentrations of contaminants than previously detected, evidence of

additional contaminants of concern or of a larger area affected by

contamination, approval of plans or reports, completion of response action

activities) .

Section 1505

.315

I

Community Relations

glaePlans

a)

Persons authorized by the Agency to provide notice pursuant to subsections

(a) and (c) of the Act as part of community relations activities shall comply

with the community relations requirements in subsection (b) of this Section if

:

1)

Measured or modeled groundwater contamination from the site where

the release occurred (including the impact from soil contamination in

concentrations exceeding the applicable remediation objectives for the soil

component of the groundwater ingestion exposure route) poses a threat above the

Class I groundwater quality standards at 35 Ill

. Adm

. Code 620 at more than five

offsite private, semi-private or non-community water system wells or one or more

community water system wells

; or

2)

Offsite soil contamination from the site where the release occurred

poses a threat of exposure to the public above the appropriate Tier 1

remediation objectives for the current use(s) at more than five offsite

properties

.

b)

The person authorized to provide notice as part of community relations

activities and exceeding the limits set forth in subsection (a) of this Section

shall develop and implement a community relations plan and fact sheet in

accordance with this subsection (b) .

Ccction 1S0S .Appendix

A of this Part

---

contains the outline of a model community relations plan that would

be

appropriate

for

a

complex site .

1)

The CRP shall include, but not be limited to, the following elements

to the extent related to the contaminants being addressed in the response

action :

A)

A description of the site or facility and details of the release and any

related soil or groundwater contamination ;

B)

A list of community issues and concerns collected from affected,

potentially affected, and interested parties identified though the process

outlined in subsection (b) (1) (D) of this Section ;

C)

A community relations program including elements of outreach, methods for

maintaining a dialogue with affected, potentially affected, and interested

parties, and a schedule for activities and objectives ; and

D)

The process for identifying and updating the contact list, which shall

consist of affected, potentially affected, and interested parties including,

but not limited to :

i)

Owners of properties served by private, semi-private or non-community

water systems that have been or may be impacted by groundwater contamination

from the release

;

ii) Owners and operators of community water system wells that have been or may

be impacted by groundwater contamination from the release ;

iii) Owners of properties without potable water supply wells but with

groundwater that has been or may be impacted by groundwater contamination from

the release

;

iv) Owners of offsite properties with soil contamination posing a threat of

exposure above the appropriate Tier 1 remediation objectives for the current

use(s)

;

v)

Occupants of the properties identified in subsections

(b) (1) (D)(i) and (b) (1) (D)(iv) of this Section to the extent reasonably

practicable

. The community relations plan shall include the methods by which

the responsible party will attempt to identify the occupants

;

vi)

Local, otato$tatt and federal officials whose jurisdiction covers the

affected and potentially affected properties+ including : mayor or village

president, city or village clerk, township supervisors, county board chair and

county clerk, city and county health department administrators-o

t ate . State and

federal legislators ; and

I

vii) Citizens, identified groups, organizations or businesses within a minimum

of

10001 .0nn feet from the site where the release occurred that may have an

interest in learning about affected and potentially affected properties (e .g .,

public and private school adminiotrator(o)administrstnrs,

Parent-Teacher

Association (PTA) lgadcr(s) leaders

;

day care center, senior center and nursing

home management

; neighborhood or homeowner association or other community

lcladcr(n)leaders as identified

; hospital and clinic management ; and recognized

environmental or citizen advisory groups) . If approved by the Agency, the

initial minimum distance of 3.89&~ .00o feet may be expanded or contracted as the

---

CRP and contact list are

updated based on new information developed during the

response action .

2)

Along with the development of a CRP in accordance with subsection (b) (1)

of this Section, persons subject to this subsection (b) shall develop and

distribute a fact sheet for the release and response action . The fact sheet

shall be distributed to the contact list as derived in subsection

(b)(1)(D) of

this Section . The fact sheet shall be written clearly and concisely in non-

technical, non-legal terminology

. If a significant portion of the population

surrounding the site where the release occurred is non-English speaking, the

fact sheet shall be produced and distributed in both English and the other

predominant language

. The fact sheet and any required updates shall contain, at

a minimum, the following information to the extent available

:

A)

The nature and extent of the contaminants identified on-site and

offnitcoff-s ;-te of the site where the release occurred

;

B)

A brief description of the pathways of potential exposure and the

potential adverse public health effects posed by the contaminants

;

C)

A description of any precautionary measures affected or potentially

affected parties should take to avoid or reduce potential public health impacts,

including potable

water aiapnly_well sampling recommendations, as appropriate

;

D)

A non-technical description of the steps that are proposed to address the

contamination including, but not limited to, soil excavation and treatment,

disposal or redistribution, pump-and-treat, bio-remediation, reliance on

engineered barriers or institutional controls, groundwater monitoring, and so

forth ;

E)

The anticipated remediation schedule through completion of the project,

including any operation, maintenance or monitoring following construction of the

remedy ;

F)

The nature of the closure documentation expected from the Agency

(e .g .,

focused or comprehensive NFR Letter, permit modification, reliance on engineered

barriers or institutional controls) ;

G)

Responses to key community concerns as expressed by affected, potentially

affected and interested parties

;

H)

The World Wide Web address of the Document Repository established pursuant

to Section 1505

.320 of this Part and the address and hours of the document

repository established at a physical location, if also required pursuant to

Section 1505 .320 of this Part ;

I)

The date of preparation of the fact sheet, the name of the

representative(s) of the business, site or facility from whom information and

copies of repository and other site-related documents may be obtained, and e-

mail address, postal address and telephone number where the representative(s)

can be reached ; and

I

I

J)

The name, e-mail address, postal address and telephone number of the

Agency's designated staff person and a statement that additional information and

site-related documents may be available by contacting the Agency's designated

staff person or by filing a request for site-specific information with the

---

I

appropriate Agency bureau in accordance with

the Freedom of Information Act

{j5

ILCS 140}j

.

c)

For information that is

not available when a fact

sheet is prepared

pursuant to subsection

(b) (2) of this Section, the submission of the fact sheet

to the Agency for review shall be accompanied by an explanation of why the

information is unavailable at the time of the submission of the fact sheet and

an estimate of when the missing information will be supplied in a revised fact

sheet .

d)

Updates

1)

Fact sheets developed in accordance with subsection (b) (2) of this Section

shall be updated and redistributed whenever new information is obtained or

developed or circumstances change so that there is a material change to the

information required or provided in the fact sheet (e .g .,

completion of site

investigation and characterization of the nature and extent of contaminants,

higher concentrations of contaminants than previously detected, evidence of

additional contaminants of concern or of a larger area affected by

contamination, approval of plans or reports, completion of response action

activities) .

2)

The CRP_ including, but not limited to, the contact list shall be reviewed

on a regular basis and updated, as necessary, to ensure that timely and accurate

information is provided to affected, potentially affected and interested parties

and communities about releases of contaminants with actual or potential impacts

to offsite wells, offsite property uses, or both

. A current version of the

publicly available CRP shall be kept in the document repository described in

Section 1505 .320 .

Section 1505 .320

Establishment of Document Repository

Persons developing a CRP pursuant to Section 1505

.315 of this Part also shall

establish a document repository for the purpose of displaying documents and

providing copies of those documents

. The document repository shall be

established at a World Wide Web site unless the person authorized to provide the

notice as part of community relations activities or the Agency receives a

request for a document repository at a physical location

. If an individual

requests a document repository at a physical location, the person authorized to

provide the notice may satisfy the request by providing a complete set of copies

of the documents to the party making the request

. If two or more individuals,

one or more groups of individuals

(e .g .,

citizen or neighborhood groups, civic

organizations), or a local government official or administrator requests a

document repository at a physical location, the person authorized to provide the

notice shall establish and maintain the document repository at both a World Wide

Web site and at a physical location as described under subsection (c) of this

Section

.

I

a)

The document repository shall include the community relations plan, all

public notices (e .g .,

proof of publication for newspaper or other published

notices, letters, door hangers, or other forms of public notification), all fact

sheets, all applications, plans and reports submitted to the Agency for review

and approval and subsequent Agency comment packages, and all final

determinations by the Agency, such as a No Further Remediation Letter, permit

modification, or other project completion documentation

.

---

1)

The person shall update

the repository promptly and continuously as fact

sheets, plans, reports, comment packages and Agency decisions are generated

throughout the process .

2)

The documents shall be created, organized and indexed so that affected,

potentially affected, or interested persons can identify, locate and download

documents of interest .

3)

The repository shall include the business, site or facility

representative's e-mail, postal address and telephone number where inquiries can

be directed and persons can request copies of repository documents and other

site-related documents by mail .

b)

Repositories at World Wide Web oitco .$ifes

1)

The documents must be in a readily available format for downloading and

printing

(e .g, portable document format ( .pdf), graphic interchange format

( .gif), tagged image file format

( .tiff),. joint photographic group format

(

.jpgf)) with links to web sites where software to view and print the documents

may be downloaded .

2)

Documents that cannot be converted to a readily available format for

downloading and printing must be described in the document index, identified as

available upon request, and made available in accordance with subsection (a) (3)

of this Section .

c)

Repositories at phyoi al lo ationo

.phvsical T.ncatinns

1)

Repositories established at physical locations shall be established no

later than ten business days after receipt of a request for a repository at a

physical location or receipt of the Agency's notification that a request has

been made to the Agency, whichever is earlier .

2)

Repositories established at a physical location shall be at a public

location (e .g .,

public library, city hall) and open to the public at times

convenient to affected, potentially affected, or interested persons

.

d)

Information deemed trade secrets or non-disclosable in accordance with

Board procedures at 35 Ill

. Adm . Code 130 or Agency procedures at 2 Ill

. Adm .

Code 1828 may be redacted or excluded from the repository consistent with the

requirement for providing the public all documents that have not been deemed

confidential

. Information to be added to the document repository also shall be

screened to ensure that personal information identifying affected, potentially

affected, or interested persons or their exact property locations are not

disclosed .

e)

The document repository may be discontinued no less than 180 days after

the recording of the NFR Letter or the issuance of other project completion

documentation by the Agency (e .g .,

permit modification, closure letter,

"4(y)

letter"

{(see 415 ILCS 5/4(y)}1)

.

Section 1505 .325

Submission of Fact Sheets and Community Relations Plans for

Review

I

I

a)

Except as provided in subsection (b) of this Section or

oubocction (d) of

Section 1505 .330

of this Part, persons accepting the Agency's offer to

provide notice pursuant to subsections (a) and (c) of Section 25d-3 of the Act

---

as part of community relations activities shall, within 30 days efafter the date

e€after their acceptance :

1)

Submit to the Agency a fact sheet and contact list satisfying oubocction

(b) of Section 1505 .310

of this Part or a CRP, fact sheet and contact list

satisfying the requirements of oubocction (b) of Section 1505 .315jj of this

Part ; and

2)

Establish a web site document repository if required in accordance with

Section 1505 .320 of this Part .

b) Updates of CRPs, fact sheets or both and updates of contact lists prepared

pursuant to oubocction (d) of Section 1505 .310jj or oubocction (d) of Section

1505 .315jj

of this Part also shall be submitted for Agency review in accordance

with subsection (a) of this Section,, except that the updates shall be submitted

to the Agency within ten days

e€after preparing the revised CRP or developing or

obtaining new information that would materially change the information required

or provided in the fact sheet .

c)

If authorized by the Agency, CRPs or fact sheets may be filed in specified

electronic formats .

Section 1505 .330

Agency Reviews of Fact Sheets and Community Relations Plans

a)

The Agency shall have 30 days from receipt of a fact sheet, CRP, or

updates of such documents to conduct a review and approve or disapprove of the

CRP or fact sheet or approve of the CRP or fact sheet with conditions or

modifications

. All reviews shall be based on the standards for review set forth

in subsection (b) of this Section .

1)

The Agency's record of the date of receipt of a fact sheet or CRP shall be

deemed conclusive unless a contrary date is proved by a signed, dated receipt

from the Agency or certified mail or registered mail

.

2)

Persons subject to this Subpart C may waive the time period for review

upon a request from the Agency or at the person's discretion

.

b)

When reviewing a fact sheet or CRP, the Agency shall consider

:

1)

Whether the CRP contains the elements required by oubocction (b) of

Section 1505 .315

of this Part

;

2)

Whether the fact sheet contains the elements required by

oubocction (b) of

Section 1505 .310 of this PartL. or oubocction (b) of Section 1505 .315, of

this Part including, but not limited to, any explanation of why specified

information is unavailable at the time of the submission of the fact sheet and

an estimate of when the missing information will be supplied in a revised fact

sheet ;

3)

Whether the information in the fact sheet and CRP is consistent with the

information contained in the Agency's records and any field observations

; and

4)

Whether the persons subject to this Subpart C have clearly defined :

A)

Persons required to be included in the contact list for fact sheets in

accordance with oubocction

(b) of Section 1505 .310 of this Part or oubocction

(b) of

Section 1505 .315(>LL of this Part ; or

C-

---

B)

The demographics of nearby populations

that may be affected by or

concerned about site activities for purposes of notification under the

CRP.

including, but not limited to, residences, businesses, day care centers,

schools, nursing homes, hospitals and clinics .

c)

Upon completion of the review, the Agency shall notify the submitter in

writing whether the fact sheet or CRP

and accompanying fact sheet are approved,

approved with conditions or modifications, or disapproved

. The notification

shall be made by certified or registered mail postmarked with a date stamp and

with return receipt requested

. If the Agency disapproves a fact sheet or

CRP,

or approves a fact sheet or CRP

with conditions or modifications, the

notification shall contain the following information, as applicable

:

1)

An explanation of the specific information or documentation, if any, that

the Agency determines the submitter did not provide or is inconsistent with the

information contained in the Agency's records and any field observations

;

2)

A list of the provisions of this Part that may be violated if the fact

sheet or CRP is approved as submitted

;

3)

A statement of the reasons why the provisions cited in subsection (c) (2)

of this Section may be violated if the fact sheet or CRP

is approved as

submitted ; and

4)

An explanation of the reasons for conditions or modifications if

conditions or modifications are required .

d)

If the Agency disapproves of a fact sheet or

CRP or approves of a fact

sheet or CRP

with conditions or modifications, the submitter shall submit a

revised fact sheet, CRP,

or both to the Agency within ten days

e€after receiving

the Agency's denial

. If the revised fact sheet, CRP,

or both are not received

by the Agency within ten days, or if a revised fact sheet or

CRP

are not

approved on the second Agency review, the Agency, in addition to any other

remedies that may be available, may provide notice to the public and seek cost

recovery from the submitter pursuant to Title VI-D of the Act, pursue an

enforcement action against the submitter for failure to develop and implement an

Agency-approved fact sheet ; or

CRP, or both

. In addition to any other defenses

that may be available to the submitter, it shall be a defense to an Agency

action to obtain cost recovery for notification or for an alleged violation of

the requirement to develop and implement an Agency-approved fact sheet or

CRP

that the fact sheet or

CRP

submitted to the Agency and rejected satisfies the

requirements for such documents as set forth in Sections 1505

.310 and 1505

.315

of this Part

. This provision does not limit the use of this defense in other

circumstances where appropriate

.

e)

The Agency may, to the extent consistent with review deadlines, provide

the submitter with a reasonable opportunity to correct deficiencies prior to

sending a disapproval of a fact sheet or

CRP or an approval with conditions or

modifications

. However, the correction of such deficiencies by the submission

of additional information may, in the sole discretion of the Agency, restart the

time for review

.

I

I

f)

If the Agency does not issue its final determination on the fact sheet,

CRP,

or updates of such documents within 30 days

e€after the receipt of the

document, the document shall be deemed approved as submitted

.

---

Section 1505 .335

Implementation

of

Community Relations Plans and Distribution

of Fact Sheets ; Compliance Monitoring and Records Retention

a)

Implementation of the CRP or distribution of a fact sheet shall begin

within five days of rccciptofaftet the Agency's approval of the CRP or the fact

sheet or within ten days e€

the date the document (

o)

is deemed approved

pursuant to oubocction (f) of Section 1505 .3301 of this Part .

b)

Compliance MOni

n inc

1)

Persons authorized by the Agency to provide notice pursuant to subsections

(a) and (c) of Section 25d-3 of the Act as part of community relations

activities shall :

A)

Provide to the Agency copies of all public notices (including, but not

limited to, proof of publication for newspaper or other published notices-)-, news

releases, letters, door hangers, or other forms of public notificationl ; and

B)

Inform the Agency in writing two weeks in advance of plans to hold public

meetings or press conferences about site activities or developments

.

2)

The Agency may monitor the implementation of approved CRPs, the

distribution of approved fact sheets, and the establishment and maintenance of

document repositories . Steps taken by the Agency to monitor these activities

may include, but shall not be limited to :

A)

Independently contacting affected, potentially affected and interested

persons concerning the type, completeness and timeliness of information provided

under the fact sheet or CRP and at the document repository ;

B)

Cross-checking documentation received and generated by the Agency with

documentation placed in the document repository ;

C)

Attending scheduled public meetings to monitor presentations and to lend

Agency perspective ; and

D)

Making site visits to verify descriptions of site conditions and

activities as stated in community relations activities .

c)

The person authorized by the Agency to provide notice pursuant to

subsections (a) and (c) of Section 25d-3 of the Act as part of community

relations activities shall retain records and documents demonstrating compliance

with the requirements of this Subpart C for at least one year after the

recording of the NFR Letter or the issuance of other project completion

documentation by the Agency (e .g ., permit modification, closure letter, "4(y)

letter"

{(Gee

415 ILCS 5/4(y)}1) . The retention period for the records and

documents is extended automatically during the course of any disputes or

unresolved enforcement actions regarding the community relations activities or

as requested in writing by the Agency

. Records may be preserved and presented

in an electronic format .

Section 1505 .340

Compliance

I

No person authorized by the Agency to provide notice pursuant to subsections (a)

and (c) of Section 25d-3 of the Act as part of community relations activities

shall fail to comply with the requirements of this Subpart C or the provisions

of community relations activities approved by the Agency .

---

I

I

I

Section 1505

.APPENDIX A

Contents of AA Model Community Relations Plan

This Appendix A lists the key elements of a community relations plan and several

factors that should be included with each element in a community relations plan

prepared for a complex site

. Unless otherwise required by rule, all the factors

listed with each element may not be necessary for each site developing and

implementing a community relations plan pursuant to this Part

1505, but each

factor should be considered when developing any community relations plan

.

1 .

Site/Facility Description

: The CRP should provide for the development a

brief overview of the site where the release occurred,_ including, but not

limited to, a description of the business, site or facility, its current

operations, previous land uses and previous remedial activities

; the nature and

extent of known contamination

; and the known or potential threat to public

health and the environment

. The overview should include a map to an appropriate

scale detailing the site location and surrounding area and showing roads and

streets, homes and businesses, and geographic and other significant features

.

2 .

Community Issues and Concerns

: The CRP should provide for the development

of a brief summary of the demographics of the area surrounding the site where

the release occurred,_ including, but not limited to, the approximate percentage

of non-English speaking persons among the affected, potentially affected- and

interested parties and their preferred language, key community concerns, and any

preferred methods of communication as learned through research work, interviews

and surveys of a representative sample of affected, potentially affected and

interested parties identified through the process outlined in the fourth element

below

.

3 .

Community Relations Program

: The CRP should describe the community

relations program objectives, action plan and schedule to keep affected,

potentially affected and interested parties apprised of conditions at the site,

response actions, and actual or potential public health impacts

. This section

also should explain how the public will be notified of mailings or meetings

.

The contact person(s) and contact information for public inquiries should be

clearly defined

. Additionally, details about the location of, and access to,

the document repository should be outlined in this section of the CRP

.

4 .

Contact List

: The CRP should outline the process for identifying and

updating a contact list and developing a contact database of affected,

potentially affected- and interested parties, including, but not limited to

:

•

Owners and occupants of properties served by private, semi-private

or non-community water systems that have been or may be impacted by groundwater

contamination from the release ;

•

Owners and operators of community water system wells that have been

or may be impacted by groundwater contamination from the release

;

•

Owners of properties without potable water supply wells but with

groundwater that has been or may be impacted by groundwater contamination from

the release ;

I

•

Owners and occupants of

offoitenff-site

properties with soil

contamination posing a threat of exposure above the appropriate Tier 1

remediation objectives for the current use(s)

;

---

*

Local, etatc$tate

and federal officials whose

jurisdiction covers

the

affected and potentially affected properties, including

: mayor or village

president, city or village clerk, township supervisors, county board chair and

county clerk, city and county health department administrator

; otatc .

State and

federal legislators ; and

*

Citizens, identified groups, organizations or businesses within a

minimum of

10001 .000

feet from the site where the release occurred that may have

an interest in learning about affected and potentially affected properties

(e .g .,

public and private school adminiotrator(s),adm

; nis a o G : Parent-Teacher

Association

(PTA) lgadcr(o) .=_L~,p ,9

prq ; day care center, senior center and nursing

home management

; neighborhood or homeowner association or other community

lgadcr(o)leae

as identified

; hospital and clinic management

; and recognized

environmental or citizen advisory groups)

. If approved by the Agency, the

initial minimum distance of

10001

.000 feet may be expanded or contracted as the

CRP and contact list are updated based on new information developed during the

response action .

JCA?J91 -,05-0608061r01

POLLUTION CONTROL BOARD

NOTICE OF

PROPOSED RULE

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JCAR351505-0608061r01

1

TITLE 35 : ENVIRONMENTAL PROTECTION

2

SUBTITLE 0: RIGHT TO KNOW

3

CHAPTER I: POLLUTION CONTROL BOARD

4

5

PART 1505

6 STANDARDS AND REQUIREMENTS FOR POTABLE WATER SUPPLY WELL SURVEYS

7 AND FOR COMMUNITY RELATIONS ACTIVITIES PERFORMED IN CONJUNCTION

8

WITH AGENCY NOTICES OF THREATS FROM CONTAMINATION

9

10

SUBPART A

: GENERAL

11

12

Section

13 1505 .100

Purpose and Scope

14 1505 .105

Applicability

15

1505 .110

Definitions

16 1505.115

Severability

17

18

SUBPART B : STANDARDS AND REQUIREMENTS FOR

19

POTABLE WATER SUPPLY WELL SURVEYS

20

21

Section

22 1505 .200 Purpose and Scope

23 1505 .205

Applicability

24

1505 .210 Procedures for Potable Water Supply Well Surveys

25

26

SUBPART C : STANDARDS AND REQUIREMENTS FOR

27

COMMUNITY RELATIONS ACTIVITIES

28

29 Section

30 1505.300

Purpose and Scope

31 1505.305

Applicability

32 1505.310

Contact Lists and Fact Sheets

33 1505.315 Community Relations Plans

34 1505 .320 Establishment of Document Repository

35 1505 .325

Submission of Fact Sheets and Community Relations Plans for Review

36 1505 .330

Agency Reviews of Fact Sheets and Community Relations Plans

37 1505 .335

Implementation of Community Relations Plans and Distribution of Fact Sheets;

38

Compliance Monitoring and Records Retention

39 1505.340 Compliance

40

41 1505

.APPENDIX A

Contents of a Model Community Relations Plan

42

---

JCAR351505-0608061 r01

43 AUTHORITY

: Implementing Sections 25d-3(c) and 25d-7(a) and authorized by Section 25d-

44

7(a) of the Environmental Protection Act [415 ILCS 5/25d-3(c) and 25d-7(a)]

.

45

46

47

SOURCE: Adopted in R06-23 at 30 111

. Reg . ,

effective,

48

SUBPART A: GENERAL

49

50 Section 1505.100

Purpose and Scope

51

52

The purpose of this Part is to set forth in accordance with Section 25d-7 of the Act [415 ILCS

53

5/25d-7] the minimum procedures for conducting potable water supply well surveys pursuant to

54

applicable Board rules and for the documentation and reporting of the results of those surveys to

55

the Agency

. In addition, the purpose of this Part is to set forth in accordance with Section 25d-7

56

of the Act standards and requirements for the performance of community relations activities

57

when the Agency has authorized the responsible party to provide the notice pursuant to

58

subsections (a) and (c) of Section 25d-3 of the Act [415 ILLS 5/25d-3(a) and

(c)] as part of the

59

Agency-approved community relations activities

. Subsection (a) of Section 25d-3 of the Act

60

requires that the Agency provide notice under certain specified circumstances while subsection

61

(c) of Section 25d-3 provides that the Agency may authorize a responsible party who has

62

implemented community relations activities to provide the notice in place of the Agency

. The

63

standards and requirements in Subpart C of this Part are for community relations activities

64

performed by those authorized to provide notice in place of the Agency

. This Part establishes

65

the minimum standards and requirements for the performance of the potable water supply well

66

surveys and the development, review, implementation and distribution of fact sheets and

67

community relations plans and the establishment and maintenance of document repositories

.

68

69

Section 1505.105 Applicability

70

71

Subparts B and C of this Part contain separate and independent applicability provisions

.

72

73

Section 1505.110

Definitions

74

75

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

76

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

77

same words or terms in Title I or Title VI-D of the Environmental Protection Act

.

78

79

"Act" means the Environmental Protection Act [415 ILLS 5]

.

80

81

"Agency" is the Illinois Environmental Protection Agency

. [415 ILCS 5/3

.105]

82

83

"Board" is the Pollution Control Board

. [415 ILCS 5/3

.130]

84

---

JCAR351505-0608061r01

"Community relations plan" or "CRP" means a plan containing goals, milestones,

and specific tasks that will accomplish two-way communications between a party

performing a response action and community members who may be interested in

or affected by site contamination or activities at the remediation site .

"Contaminant" is any solid, liquid or gaseous matter, any odor, or any form of

energy, from whatever source. [415 ILCS 5/3 .165]

"Contamination" or "contaminate", when used in connection with groundwater,

means water pollution of such groundwater . [415 ILCS 5/3 .170]

"Person" means individual, trust, firm, joint stock company, joint venture,

consortium, commercial entity, corporation (including a government

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

subdivision of a state, or any interstate body, including the United States

Government and each department, agency and instrumentality of the United

States . [415 ILCS 5/58 .2]

"Person performing a response action" means the person(s) taking responsibility

for addressing a release by authorizing or approving the performance of a

response action (e.g.,

Leaking Underground Storage Tank Program owner or

operator, Site Remediation Program Remediation Applicant, permittees) . The

phrase does not include persons who have been hired or authorized to perform the

response action by the person taking responsibility for the release or persons with

whom the person taking responsibility for the release has contracted or

subcontracted to perform the response action .

"Release" means any spilling, leaking, pumping, pouring, emitting, emptying,

discharging, injecting, escaping, leaching, dumping, or disposing into the

environment, but excludes any release which results in exposure to persons solely

within a workplace, with respect to a claim which such persons may assert

against the employer or such persons ; emissions from the engine exhaust of a

motor vehicle, rolling stock, aircraft, vessel, or pipeline pumping station engine ;

release of source, byproduct, or special nuclear material from a nuclear incident,

as those terms are defined in the federal Atomic Energy Act of 1954, if such

release is subject to requirements with respect to f nancial protection established

by the Nuclear Regulatory Commission under Section 170 of such Act ; and the

normal application offertilizer . [415 ILCS 5/3 .395]

"Response action" means any action or series of actions taken to address a release

of contaminants or its effects as may be necessary or appropriate to protect human

health or the environment . A response action may include, but is not limited to,

---

JCAR351505-0608061rO1

127

release investigation and characterization, soil remediation, and groundwater

128

remediation.

129

130

Section 1505.115 Severability

131

132

If any provision of this Part is adjudged invalid, or if the application to any person or in any

133

circumstance is adjudged invalid, such invalidity shall not affect the validity of this Part as a

134

whole or any Subpart, Section, subsection, sentence or clause thereof not adjudged invalid .

135

136

SUBPART B : STANDARDS AND REQUIREMENTS FOR

137

POTABLE WATER SUPPLY WELL SURVEYS

138

139 Section 1505.200 Purpose and Scope

140

141

The purpose of this Subpart B is to establish minimum standards and requirements for

142

performing potable water supply well surveys to ensure that these wells are accurately identified

143

and located so that impacts and potential impacts to such wells from soil or groundwater

144

contamination, or both, can be identified. The effects of soil contamination on groundwater

145

contamination are evaluated as the soil component of the groundwater ingestion exposure route

146 using modeling as referenced in this Subpart B . This Subpart B sets forth the procedures persons

147

subject to this Subpart B shall use to perform potable water supply well surveys and for the

148

documentation of the results of well surveys in reports to the Agency .

149

150

Section 1505.205 Applicability

151

152

a)

Except as provided in subsection (b) of this Section, this Subpart B applies to

153

persons performing response actions pursuant to applicable Board rules

.

154

Whenever a response action for soil or groundwater contamination, or both, is

155

required pursuant to applicable Board rules, the person subject to those rules shall

156

comply with the standards and requirements of this Subpart B when a well survey

157

is required to determine the existence and location of potable water supply wells

.

158

When determining the existence and location of these wells, the person also shall

159

identify and locate setback zones and regulated recharge areas associated with the

160

wells.

161

162

1)

This Subpart B does not contain an independent requirement to perform a

163

potable water supply well survey

. If the Board rules governing, or Agency

164

interpretations of those rules, require the performance of a well survey as

165

part of the response action, this Subpart B sets forth the minimum

166

standards and requirements that must be satisfied when performing that

167

well survey and preparing the documentation for submission to the

168

Agency

. In addition, the submission and review of well survey

169

documentation and appeals of Agency final determinations concerning

---

JCAR351505-0608061r01

170

well survey procedures and reporting are subject to the rules governing the

171

response action .

172

173

2)

Applicable Board rules requiring potable water supply well surveys as part

174

of response actions may supersede the requirements of this Subpart B only

175

to the extent their express provisions are equivalent to or more stringent

176

than the standards and requirements of this Subpart B .

177

178

b)

Persons performing response actions pursuant to applicable Board rules who

179

already have initiated the response action for a release as of the effective date of

180

this Part may be required by the Agency to perform an otherwise required potable

181

water supply well survey in accordance with this Subpart B if :

182

183

1)

The Agency requires the performance of a well survey in accordance with

184

the applicable Board rules; and

185

186

2)

The well survey :

187

188

A)

has not been performed as of the effective date of this Part ; or

189

190

B)

has been performed but has not been approved by the Agency as of

191

the effective date of this Part and the well survey performed does

192

not satisfy the requirements of this Subpart B .

193

194

c)

Nothing in this Subpart B is intended to prohibit the use of all or some of the

195

standards and requirements set forth in this Subpart B in other rules or contexts as

196

authorized by those rules, Board or court orders, or other applicable law .

197

198 Section 1505 .210 Procedures for Potable Water Supply Well Surveys

199

200

a)

When applicable Board rules require a well survey to determine the existence and

201

location of potable water supply wells, persons subject to this Subpart B shall

202

identify all private, semi-private, and non-community water system wells located

203

at the property where the release occurred or within 200 feet of the property

204

where the release occurred, all community water system ("CWS")

wells located at

205

the property where the release occurred or within 2,500 feet of the property where

206

the release occurred, and all setback zones and regulated recharge areas in which

207

all or any portion of the property where the release occurred is located.

208

209

b)

Actions taken to identify the wells and associated protected areas shall include,

210

but not be limited to, the following :

211

---

JCAR351505-0608061r01

212

1)

Contacting the Agency's Division of Public Water Supplies to identify

213

community water system wells and associated setback zones and regulated

214

recharge areas ;

215

216

2)

Using current information from the Illinois State Geological Survey, the

217

Illinois State Water Survey, and the Illinois Department of Public Health

218

(or the county or local health department delegated by the Illinois

219

Department of Public Health to permit potable water supply wells) to

220

identify potable water supply wells, other than community water system

221

wells, and their setback zones; and

222

223

3)

Contacting the local public water supply entities to identify properties that

224

receive potable water from a public water supply

.

225

226

c)

In addition to identifying potable water supply wells and associated protected

227

areas pursuant to subsections (a) and (b) of this Section, persons subject to this

228

Subpart B shall expand the area of the potable water supply well survey if

229

measured or modeled groundwater contamination extends beyond a boundary of

230

the property where the release occurred in concentrations exceeding the

231

applicable remediation objectives of 35 Ill . Adm. Code 742 .Appendix B : Table E

232

for the groundwater ingestion route or the applicable groundwater quality

233

standards at 35 Ill . Adm. Code 620 (e.g., Class I, Class III)

. If there is no Table E

234

objective or Part 620 standard, the objective shall be determined or approved by

235

the Agency in accordance with 35 111

. Adm. Code 620 .Subpart F.

236

237

1)

The extent of modeled groundwater contamination shall be determined

238

using the procedures of 35 Ill . Adm. Code 742 or another model or

239

methodology approved by the Agency . When modeling the extent of

240

groundwater contamination, the modeling shall include the impact from

241

soil contamination in concentrations exceeding the applicable remediation

242

objectives for the soil component of the groundwater ingestion exposure

243

route .

244

245

2)

At a minimum, the expanded well survey shall identify the following :

246

247

A)

All private, semi-private, and non-community water system wells

248

located within 200 feet, and all community water system wells

249

located within 2,500 feet, of the measured and modeled extent of

250

groundwater contamination exceeding the Part 742 or Part 620

251

remediation objectives for the groundwater ingestion exposure

252

route ; and

253

---

JCAR351505-0608061r01

254

B)

All setback zones and regulated recharge areas in which any

255

portion of the measured and modeled extent of groundwater

256

contamination exceeding the Part 742 or Part 620 remediation

257

objectives for the groundwater ingestion exposure route is located

.

258

259

d)

The Agency may, based on site-specific circumstances or information collection

260

deficiencies (e.g., incomplete, conflicting or imprecise information, information

261

assembled from unverified sources), require additional investigation to determine

262

the existence or location of potable water supply wells, setback zones or regulated

263

recharge areas . The additional investigation may include, but shall not be limited

264

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

265

individual properties for wellheads, distributing door hangers or other materials

266

requesting information about the existence of potable water supply wells) .

267

268

e)

Documentation of a potable water supply well survey conducted in accordance

269

with this Section shall include, but not be limited to, the following

:

270

271

1)

One or more maps to a scale clearly showing the following

:

272

273

A)

The locations of the community water system wells and other

274

potable water supply wells identified pursuant to this Section ; and

275

276

B)

The location and extent of setback zones and regulated recharge

277

areas identified pursuant to this Section

.

278

279

2)

The maps showing the well locations, setback zones and regulated

280

recharge areas pursuant to subsection (e)(1)

of this Section shall show

281

those areas in relation to the measured and modeled extent of groundwater

282

contamination exceeding the remediation objectives of Part 742 or Part

283

620 for the groundwater ingestion exposure route .

284

285

3)

One or more tables listing the applicable setback zones and regulated

286

recharge areas for each community water system well and other potable

287

water supply wells identified pursuant to this Section .

288

289

4)

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

290

potable water supply wells and protected areas pursuant to this Section,

291

the name and title of each person contacted at each entity, and field

292

observations, if any, associated with the identification and location of

293

potable water supply wells.

294

295

SUBPART C : STANDARDS AND REQUIREMENTS FOR

296

COMMUNITY RELATIONS ACTIVITIES

---

JCAR351505-0608061 r01

297

298 Section 1505 .300 Purpose and Scope

299

300

a)

The purpose of this Subpart C is to establish the minimum standards and

301

requirements for the development and implementation of community relations

302

activities in accordance with Section 25d-7 of the Act when the Agency has

303

authorized the responsible party to provide the notice pursuant to subsections (a)

304

and (c) of Section 25d-3 of the Act as part of the Agency-approved community

305

relations activities . In addition, it is the purpose of this Part to ensure that these

306

community relations activities fully inform communities and individuals in a

307

timely manner about offsite impacts or potential impacts from soil or groundwater

308

contamination or both and the responses to such impacts

. This Subpart C contains

309

requirements for the content, submission for review, distribution and

310

implementation of fact sheets and community relations plans, and the

311

establishment and maintenance of document repositories

.

312

313

b)

Subpart C Not a Limitation

314

315

1)

This Subpart C establishes minimum requirements for community

316

relations activities when such activities are to be performed in place of a

317

notice by the Agency in accordance with subsection (a) of Section 25d-3

318

of the Act

. Nothing in this Subpart C is intended to prohibit or prevent a

319

person from implementing other community relations activities sooner

320

than required by this Subpart or under circumstances in addition to those

321

described in this Subpart

. The Agency may recommend that community

322

relations activities be performed at other times and under other

323

circumstances and may offer assistance with development and

324

implementation of such activities where resources permit

.

325

326

2)

Nothing in this Subpart C is intended to limit in any way the Agency's

327

authority to provide independent notice of threats of exposure to the public

328

from soil or groundwater contamination, or both, in accordance with Title

329

VI-D of the Act [415 ILCS 5/25d-1 through 25d-10] and implementing

330

rules or under any other authority .

331

332

Section 1505 .305 Applicability

333

334

a)

Whenever the Agency determines that it must provide notice pursuant to

335

subsection (a) of Section 25d-3 of the Act, the Agency may authorize the

336

responsible party to provide the notice as part of the Agency-approved community

337

relations activities developed and implemented in accordance with this Subpart C

.

338

---

JCAR351505-0608061r01

339

b)

Nothing in this Subpart C requires the development and implementation of

340

community relations activities in accordance with this Subpart unless

:

341

342

1)

The Agency notifies the responsible party in writing that a notice must be

343

issued under subsection (a) of Section 25d-3 of the Act

;

344

345

2)

As a part of the written notice to the responsible party, the Agency offers

346

the responsible party the opportunity to provide the notice in lieu of the

347

Agency issuing the notice

; and

348

349

3)

The responsible party accepts the Agency's offer and notifies the Agency

350

in writing within seven days after receipt of the Agency's offer (unless a

351

longer period of time is provided in the Agency's notice letter) that it

352

intends to provide the notice as part of the community relations activities

353

developed and implemented in accordance with Subpart C of this Part in

354

lieu of the Agency providing the notice

.

355

356

c)

Nothing in this Subpart C is intended to prohibit the use of all or some of the

357

standards and requirements set forth in this Subpart C in other rules or contexts as

358

authorized by those rules, Board or court orders, or other applicable law

.

359

360 Section 1505.310

Contact Lists and Fact Sheets

361

362

a)

Persons authorized by the Agency to provide notice pursuant to subsections (a)

363

and (c) of Section 25d-3 of the Act as part of community relations activities shall

364

comply with community relations requirements in subsection (b) of this Section if

:

365

366

1)

Measured or modeled groundwater contamination from the site where the

367

release occurred (including the impact from soil contamination in

368

concentrations exceeding the applicable remediation objectives for the

369

soil component of the groundwater ingestion exposure route) poses a

370

threat above the Class I groundwater quality standards at 35 Ill

. Adm

.

371

Code 620 at five or fewer offsite private, semi-private or non-community

372

water system wells ; or

373

374

2)

Offsite soil contamination from the site where the release occurred poses

375

a threat of exposure to the public above the appropriate Tier 1 remediation

376

objectives for the current use(s) at five or fewer offsite properties

.

377

378

b)

The person authorized to provide notice as part of community relations activities

379

and within the limits set forth in subsection (a) of this Section shall develop a

380

contact list and develop and distribute a fact sheet in accordance with this

381

subsection

(b) .

---

AK IC

JCAR351505-060806lrOl

382

383

1)

384

The person shall prepare a contact list including, but not limited to, the

385

following affected, potentially affected or interested persons, as applicable

:

386

A)

387

Owners of properties served by private, semi-private or non-

388

community water system wells that have been or may be impacted

389

by groundwater contamination from the release

;

390

B)

391

Owners of offsite properties with soil contamination posing a

392

threat of exposure above the appropriate Tier 1 remediation

393

objectives for the current use(s)

;

394

C)

395

Occupants of the properties identified in subsections

(b)(1)(A)

and

396

(b)(1)(B) of this Section to the extent reasonably practicable

. The

397

contact list shall include the methods by which the responsible

398

party has attempted to identify the occupants

;

399

D)

400

Owners of properties without potable water supply wells but with

401

groundwater that has been or may be impacted by groundwater

402

contamination from the release

; and

403

E)

404

Officials of each unit of government serving the affected

405

properties, including State and federal legislators, county board

406

chairs and county clerks, township supervisors, and mayors or

407

village presidents and city or village clerks

. Officials of

408

specialized districts

(e.g.,

school, drainage, park districts) may be

409

excluded from the contact list unless required pursuant to

410

subsections (b)(1)(A) through (b)(1)(D)

of this Section .

411

2)

412

The person shall develop a fact sheet for the release and response action

.

413

The fact sheet shall be distributed to the contact list as derived from

414

subsection (b)(1) of this Section

. The fact sheet shall be written clearly

415

and concisely in non-technical, non-legal terminology

. The fact sheet and

416

any required updates shall contain, at a minimum, the following

417

information to the extent available

:

418

A)

419

The nature and extent of the contaminants identified on and off the

420

site where the release occurred

;

421

B)

A brief description of the pathways of potential exposure and the

422

423

potential adverse public health effects posed by the contaminants

;

llc,~clnnn~l nr

---

JCAR351505-0608061r01

467

required or provided in the fact sheet (e .g., completion of site investigation and

468

characterization of the nature and extent of contaminants, higher concentrations of

469

contaminants than previously detected, evidence of additional contaminants of

470

concern or of a larger area affected by contamination, approval of plans or

471

reports, completion of response action activities) .

472

473 Section 1505 .315 Community Relations Plans

474

475

a)

Persons authorized by the Agency to provide notice pursuant to subsections (a)

476

and (c) of the Act as part of community relations activities shall comply with the

477

community relations requirements in subsection (b) of this Section if :

478

479

1)

Measured or modeled groundwater contamination from the site where the

480

release occurred (including the impact from soil contamination in

481

concentrations exceeding the applicable remediation objectives for the soil

482

component of the groundwater ingestion exposure route) poses a threat

483

above the Class I groundwater quality standards at 35 Ill . Adm. Code 620

484

at more than five offsite private, semi-private or non-community water

485

system wells or one or more community water system wells ; or

486

487

2)

Offsite soil contamination from the site where the release occurred poses a

488

threat of exposure to the public above the appropriate Tier 1 remediation

489

objectives for the current use(s) at more than five offsite properties

.

490

491

b)

The person authorized to provide notice as part of community relations activities

492

and exceeding the limits set forth in subsection (a) of this Section shall develop

493

and implement a community relations plan and fact sheet in accordance with this

494

subsection (b) . Appendix A of this Part contains the outline of a model

495

community relations plan that would be appropriate for a complex site .

496

497

1)

The CRP shall include, but not be limited to, the following elements to the

498

extent related to the contaminants being addressed in the response action

:

499

500

A)

A description of the site or facility and details of the release and

501

any related soil or groundwater contamination ;

502

503

B)

A list of community issues and concerns collected from affected,

504

potentially affected, and interested parties identified though the

505

process outlined in subsection (b)(1)(D) of this Section

;

506

507

C)

A community relations program including elements of outreach,

508

methods for maintaining a dialogue with affected, potentially

---

JCAR351505-0608061r01

509

affected, and interested parties, and a schedule for activities and

510

objectives

; and

511

512

D)

The process for identifying and updating the contact list, which

513

shall consist of affected, potentially affected, and interested parties,

514

including, but not limited to :

515

516

i)

Owners of properties served by private, semi-private or

517

non-community water systems that have been or may be

518

impacted by groundwater contamination from the release

;

519

520

ii)

Owners and operators of community water system wells

521

that have been or may be impacted by groundwater

522

contamination from the release

;

523

524

iii)

Owners of properties without potable water supply wells

525

but with groundwater that has been or may be impacted by

526

groundwater contamination from the release

;

527

528

iv)

Owners of offsite properties with soil contamination posing

529

a threat of exposure above the appropriate Tier 1

530

remediation objectives for the current use(s)

;

531

532

v)

Occupants of the properties identified in subsections

533

(b)(1)(D)(i) and (b)(1)(D)(iv)

of this Section to the extent

534

reasonably practicable

. The community relations plan shall

535

include the methods by which the responsible party will

536

attempt to identify the occupants ;

537

538

vi)

Local, State and federal officials whose jurisdiction covers

539

the affected and potentially affected properties, including

:

540

mayor or village president, city or village clerk, township

541

supervisors, county board chair and county clerk, city and

542 county health department administrator, State and federal

543

legislators; and

544

545

vii)

Citizens, identified groups, organizations or businesses

546

within a minimum of 1,000 feet from the site where the

547

release occurred that may have an interest in learning about

548

affected and potentially affected properties (e

.g.,

public and

549

private school administrators, Parent-Teacher Association

550

leaders

; day care center, senior center and nursing home

551

management

; neighborhood or homeowner association or

---

JCAR3 51505-060806 1 rOl

552

553

other community leaders as identified

; hospital and clinic

management

; and recognized environmental or citizen

554

555

advisory groups)

. If approved by the Agency, the initial

minimum distance of 1,000 feet may be expanded or

556

557

contracted as the CRP and contact list are updated based on

558

new information developed during the response action

.

559

2)

Along with the development of a CRP in accordance with subsection

560

561

(b)(1)

of this Section, persons subject to this subsection (b) shall develop

562

and distribute a fact sheet for the release and response action

. The fact

sheet shall be distributed to the contact list as derived in subsection

563

(b)(1)(D)

of this Section . The fact sheet shall be written clearly and

564

565

concisely in non-technical, non-legal terminology

. If a significant portion

of the population surrounding the site where the release occurred is non-

566

English speaking, the fact sheet shall be produced and distributed in both

567

568

English and the other predominant language

. The fact sheet and any

required updates shall contain, at a minimum, the following information to

569

the extent available :

570

571

A)

572

The nature and extent of the contaminants identified on-site and

573

off-site of the site where the release occurred

;

574

B)

A brief description of the pathways of potential exposure and the

575

576

potential adverse public health effects posed by the contaminants

;

577

C)

A description of any precautionary measures affected or potentially

578

affected parties should take to avoid or reduce potential public

579

health impacts, including potable water supply well sampling

580

recommendations, as appropriate

;

581

582

D)

A non-technical description of the steps that are proposed to

583

584

address the contamination, including, but not limited to, soil

excavation and treatment, disposal or redistribution, pump-and-

585

treat, bio-remediation, reliance on engineered barriers or

586

institutional controls, groundwater monitoring, and so forth ;

587

588

E)

The anticipated remediation schedule through completion of the

589

project, including any operation, maintenance or monitoring

590

following construction of the remedy

;

591

592

F)

The nature of the closure documentation expected from the

593

Agency (e.g., focused or comprehensive NFR Letter, permit

---

JCAR351505-0608061r01

594

modification, reliance on engineered barriers or institutional

595

controls);

596

597

G)

Responses to key community concerns as expressed by affected,

598

potentially affected and interested parties

;

599

600

H)

The World Wide Web address of the Document Repository

601

established pursuant to Section 1505

.320 of this Part and the

602

address and hours of the document repository established at a

603

physical location, if also required pursuant to Section 1505

.320 of

604

this Part ;

605

606

I)

The date of preparation of the fact sheet, the name of the

607

representative(s) of the business, site or facility from whom

608

information and copies of repository and other site-related

609

documents may be obtained, and e-mail address, postal address

610

and telephone number where the representative(s) can be reached

;

611

and

612

613

J)

The name, e-mail address, postal address and telephone number of

614

the Agency's designated staff person and a statement that

615

additional information and site-related documents may be available

616

by contacting the Agency's designated staff person or by filing a

617

request for site-specific information with the appropriate Agency

618

bureau in accordance with the Freedom of Information Act [5

619

ILCS 140] .

620

621

c)

For information that is not available when a fact sheet is prepared pursuant to

622

subsection (b)(2)

of this Section, the submission of the fact sheet to the Agency

623

for review shall be accompanied by an explanation of why the information is

624

unavailable at the time of the submission of the fact sheet and an estimate of when

625

the missing information will be supplied in a revised fact sheet

.

626

627

d)

Updates

628

629

1)

Fact sheets developed in accordance with subsection

(b)(2)

of this Section

630

shall be updated and redistributed whenever new information is obtained

631

or developed or circumstances change so that there is a material change to

632

the information required or provided in the fact sheet

(e.g.,

completion of

633

site investigation and characterization of the nature and extent of

634

contaminants, higher concentrations of contaminants than previously

635

detected, evidence of additional contaminants of concern or of a larger

---

JCAR351505-0608061r01

636

area affected by contamination, approval of plans or reports, completion of

637

response action activities) .

638

639

2)

The CRP, including, but not limited to, the contact list shall be reviewed

640

on a regular basis and updated, as necessary, to ensure that timely and

641

accurate information is provided to affected, potentially affected and

642

interested parties and communities about releases of contaminants with

643

actual or potential impacts to offsite wells, offsite property uses, or both

.

644

A current version of the publicly available CRP shall be kept in the

645

document repository described in Section 1505

.320.

646

647 Section 1505

.320 Establishment of Document Repository

648

649

Persons developing a CRP pursuant to Section 1505

.315 of this Part also shall establish a

650

document repository for the purpose of displaying documents and providing copies of those

651

documents

. The document repository shall be established at a World Wide Web site unless the

652

person authorized to provide the notice as part of community relations activities or the Agency

653

receives a request for a document repository at a physical location

. If an individual requests a

654

document repository at a physical location, the person authorized to provide the notice may

655

satisfy the request by providing a complete set of copies of the documents to the party making

656

the request

. If two or more individuals, one or more groups of individuals

(e.g., citizen or

657

neighborhood groups, civic organizations), or a local government official or administrator

658

requests a document repository at a physical location, the person authorized to provide the notice

659

shall establish and maintain the document repository at both a World Wide Web site and at a

660

physical location as described under subsection (c) of this Section

.

661

662

a)

The document repository shall include the community relations plan, all public

663

notices (e.g.,

proof of publication for newspaper or other published notices,

664

letters, door hangers, or other forms of public notification), all fact sheets, all

665

applications, plans and reports submitted to the Agency for review and approval

666

and subsequent Agency comment packages, and all final determinations by the

667

Agency, such as a No Further Remediation Letter, permit modification, or other

668

project completion documentation.

669

670

1)

The person shall update the repository promptly and continuously as fact

671

sheets, plans, reports, comment packages and Agency decisions are

672

generated throughout the process .

673

674

2)

The documents shall be created, organized and indexed so that affected,

675

potentially affected, or interested persons can identify, locate and

676

download documents of interest

.

677

---

JCAR351505-0608061r01

678

3)

The repository shall include the business, site or facility representative's e-

679

mail, postal address and telephone number where inquiries can be directed

680

and persons can request copies of repository documents and other site-

681

related documents by mail

.

682

683

b)

Repositories at World Wide Web Sites

684

685

1)

The documents must be in a readily available format for downloading and

686

printing (e .g,

portable document format (.pdf),

graphic interchange format

687

(

.gif), tagged image file format (

.tiff), joint photographic group format

688

(

.jpgf)) with links to web sites where software to view and print the

689

documents may be downloaded.

690

691

2)

Documents that cannot be converted to a readily available format for

692

downloading and printing must be described in the document index,

693

identified as available upon request, and made available in accordance

694

with subsection (a)(3)

of this Section .

695

696

c)

Repositories at Physical Locations

697

698

1)

Repositories established at physical locations shall be established no later

699

than ten business days after receipt of a request for a repository at a

700

physical location or receipt of the Agency's notification that a request has

701

been made to the Agency, whichever is earlier

.

702

703

2)

Repositories established at a physical location shall be at a public location

704

(e.g.,

public library, city hall) and open to the public at times convenient to

705

affected, potentially affected, or interested persons .

706

707

d)

Information deemed trade secrets or non-disclosable in accordance with Board

708

procedures at 35 Ill

. Adm. Code 130 or Agency procedures at 2111

. Adm. Code

709

1828 may be redacted or excluded from the repository consistent with the

710

requirement for providing the public all documents that have not been deemed

711

confidential

. Information to be added to the document repository also shall be

712

screened to ensure that personal information identifying affected, potentially

713

affected, or interested persons or their exact property locations are not disclosed

.

714

715

e)

The document repository may be discontinued no less than 180 days after the

716

recording of the NFR Letter or the issuance of other project completion

717

documentation by the Agency (e.g.,

permit modification, closure letter,

"4(y)

718

letter" (see 415 ILCS

5/4(y))) .

719

720

Section 1505

.325 Submission of Fact Sheets and Community Relations Plans for Review

---

721

722

723

724

725

726

727

728

729

730

731

732

733

734

735

736

737

738

739

740

741

742

743

744 Section 1505 .330

745

746

747

748

749

750

751

752

753

754

755

756

757

758

759

760

761

762

763

c)

JCAR351505-0608061 rOl

a)

Except as provided in subsection (b) of this Section or Section 1505

.330(d) of this

Part, persons accepting the Agency's offer to provide notice pursuant to

subsections (a) and (c) of Section 25d-3 of the Act as part of community relations

activities shall, within 30 days after the date after their acceptance :

1)

Submit to the Agency a fact sheet and contact list satisfying Section

1505

.3 10(b) of this Part or a CRP, fact sheet and contact list satisfying the

requirements of Section 1505 .315(b) of this Part ; and

2)

Establish a web site document repository if required in accordance with

Section 1505 .320 of this Part .

b)

Updates of CRPs, fact sheets or both and updates of contact lists prepared

pursuant to Section 1505 .310(d) or Section 1505

.315(d) of this Part also shall be

submitted for Agency review in accordance with subsection (a) of this Section,

except that the updates shall be submitted to the Agency within ten days after

preparing the revised CRP or developing or obtaining new information that would

materially change the information required or provided in the fact sheet

.

If authorized by the Agency, CRPs or fact sheets may be filed in specified

electronic formats .

Agency Reviews of Fact Sheets and Community Relations Plans

a)

The Agency shall have 30 days from receipt of a fact sheet, CRP, or updates of

such documents to conduct a review and approve or disapprove of the CRP or fact

sheet or approve of the CRP or fact sheet with conditions or modifications . All

reviews shall be based on the standards for review set forth in subsection (b) of

this Section.

1)

The Agency's record of the date of receipt of a fact sheet or CRP shall be

deemed conclusive unless a contrary date is proved by a signed, dated

receipt from the Agency or certified mail or registered mail .

2)

Persons subject to this Subpart C may waive the time period for review

upon a request from the Agency or at the person's discretion .

b)

When reviewing a fact sheet or CRP, the Agency shall consider :

1)

Whether the CRP contains the elements required by Section 1505

.315(b)

of this Part ;

---

JCAR351505-0608061r01

764

2)

Whether the fact sheet contains the elements required by Section

765

1505 .310(b) or Section 1505

.315(b) of this Part, including, but not limited

766

to, any explanation of why specified information is unavailable at the time

767

of the submission of the fact sheet and an estimate of when the missing

768

information will be supplied in a revised fact sheet

;

769

770

3)

Whether the information in the fact sheet and CRP is consistent with the

771

information contained in the Agency's records and any field observations

;

772

and

773

774

4)

775

Whether the persons subject to this Subpart C have clearly defined

:

776

A)

Persons required to be included in the contact list for fact sheets in

777

accordance with Section 1505.310(b)

or Section 1505 .315(b) of

778

this Part; or

779

780

B)

The demographics of nearby populations that may be affected by

781

or concerned about site activities for purposes of notification under

782

the CRP, including, but not limited to, residences, businesses, day

783

784

care centers, schools, nursing homes, hospitals and clinics

.

785

c)

Upon completion of the review, the Agency shall notify the submitter in writing

786

whether the fact sheet or CRP and accompanying fact sheet are approved,

787

approved with conditions or modifications, or disapproved

. The notification shall

788

be made by certified or registered mail postmarked with a date stamp and with

789

return receipt requested . If the Agency disapproves a fact sheet or CRP, or

790

approves a fact sheet or CRP with conditions or modifications, the notification

791

shall contain the following information, as applicable

:

792

793

1)

An explanation of the specific information or documentation, if any, that

794

the Agency determines the submitter did not provide or is inconsistent

795

with the information contained in the Agency's records and any field

796

observations ;

797

798

2)

A list of the provisions of this Part that may be violated if the fact sheet or

799

CRP is approved as submitted;

800

801

3)

A statement of the reasons why the provisions cited in subsection (c)(2)

of

802

this Section may be violated if the fact sheet or CRP is approved as

803

submitted ; and

804

805

4)

An explanation of the reasons for conditions or modifications if conditions

806

or modifications are required

.

---

JCAR351505-0608061r01

807

808

d)

If the Agency disapproves of a fact sheet or CRP or approves of a fact sheet or

809

CRP with conditions or modifications, the submitter shall submit a revised fact

810

sheet, CRP, or both to the Agency within ten days after receiving the Agency's

811

denial. If the revised fact sheet, CRP, or both are not received by the Agency

812

within ten days, or if a revised fact sheet or CRP are not approved on the second

813

Agency review, the Agency, in addition to any other remedies that may be

814

available, may provide notice to the public and seek cost recovery from the

815

submitter pursuant to Title VI-D of the Act, pursue an enforcement action against

816

the submitter for failure to develop and implement an Agency-approved fact sheet

817

or CRP, or both

. In addition to any other defenses that may be available to the

818

submitter, it shall be a defense to an Agency action to obtain cost recovery for

819

notification or for an alleged violation of the requirement to develop and

820

implement an Agency-approved fact sheet or CRP that the fact sheet or CRP

821

submitted to the Agency and rejected satisfies the requirements for such

822

documents as set forth in Sections 1505

.310 and 1505

.315 of this Part . This

823

provision does not limit the use of this defense in other circumstances where

824

appropriate .

825

826

e)

The Agency may, to the extent consistent with review deadlines, provide the

827

submitter with a reasonable opportunity to correct deficiencies prior to sending a

828

disapproval of a fact sheet or CRP or an approval with conditions or

829

modifications

. However, the correction of such deficiencies by the submission of

830

additional information may, in the sole discretion of the Agency, restart the time

831

for review.

832

833

f)

If the Agency does not issue its final determination on the fact sheet, CRP, or

834

updates of such documents within 30 days after the receipt of the document, the

835

document shall be deemed approved as submitted

.

836

837 Section 1505

.335 Implementation of Community Relations Plans and Distribution of Fact

838 Sheets

; Compliance Monitoring and Records Retention

839

840

a)

Implementation of the CRP or distribution of a fact sheet shall begin within five

841

days after the Agency's approval of the CRP or the fact sheet or within ten days

842

after the date the document is deemed approved pursuant to Section 1505

.330(f)

843

of this Part .

844

845

b)

Compliance Monitoring

846

847

1)

Persons authorized by the Agency to provide notice pursuant to

848

subsections (a) and (c) of Section 25d-3 of the Act as part of community

849

relations activities shall

:

---

JCAR351505-0608061r01

850

851

A)

Provide to the Agency copies of all public notices (including, but

852

not limited to, proof of publication for newspaper or other

853

published notices, news releases, letters, door hangers, or other

854

forms of public notification) ; and

855

856

B)

Inform the Agency in writing two weeks in advance of plans to

857

hold public meetings or press conferences about site activities or

858

developments

.

859

860

2)

The Agency may monitor the implementation of approved CRPs, the

861

distribution of approved fact sheets, and the establishment and

862

maintenance of document repositories . Steps taken by the Agency to

863

monitor these activities may include, but shall not be limited to

:

864

865

A)

Independently contacting affected, potentially affected and

866

interested persons concerning the type, completeness and

867

timeliness of information provided under the fact sheet or CRP and

868

at the document repository;

869

870

B)

Cross-checking documentation received and generated by the

871

Agency with documentation placed in the document repository;

872

873

C)

Attending scheduled public meetings to monitor presentations and

874

to lend Agency perspective

; and

875

876

D)

Making site visits to verify descriptions of site conditions and

877

activities as stated in community relations activities

.

878

879

c)

The person authorized by the Agency to provide notice pursuant to subsections (a)

880

and (c) of Section 25d-3 of the Act as part of community relations activities shall

881

retain records and documents demonstrating compliance with the requirements of

882

this Subpart C for at least one year after the recording of the NFR Letter or the

883

issuance of other project completion documentation by the Agency

(e.g., permit

884

modification, closure letter, "4(y) letter" (see 415 ILCS

5/4(y))) . The retention

885

period for the records and documents is extended automatically during the course

886

of any disputes or unresolved enforcement actions regarding the community

887

relations activities or as requested in writing by the Agency

. Records may be

888

preserved and presented in an electronic format

.

889

890

Section 1505 .340 Compliance

891

---

JCAR351505-0608061r01

896 Section 1505.APPENDIX

A Contents of a Model Community Relations Plan

897

898

This Appendix A lists the key elements of a community relations plan and several factors that

899

should be included with each element in a community relations plan prepared for a complex site

.

900

Unless otherwise required by rule, all the factors listed with each element may not be necessary

901

for each site developing and implementing a community relations plan pursuant to this Part, but

902

each factor should be considered when developing any community relations plan

.

903

904

1 .

Site/Facility Description

: The CRP should provide for the development a brief overview

905

of the site where the release occurred, including, but not limited to, a description of the

906

business, site or facility, its current operations, previous land uses and previous remedial

907

activities; the nature and extent of known contamination

; and the known or potential

908

threat to public health and the environment

. The overview should include a map to an

909

appropriate scale detailing the site location and surrounding area and showing roads and

910

streets, homes and businesses, and geographic and other significant features

.

911

912 2.

Community Issues and Concerns

: The CRP should provide for the development of a brief

913

summary of the demographics of the area surrounding the site where the release occurred,

914

including, but not limited to, the approximate percentage of non-English speaking

915

persons among the affected, potentially affected and interested parties and their preferred

916

language, key community concerns, and any preferred methods of communication as

917

learned through research work, interviews and surveys of a representative sample of

918

affected, potentially affected and interested parties identified through the process outlined

919

in the fourth element below .

920

921

3 .

Community Relations Program

: The CRP should describe the community relations

922

program objectives, action plan and schedule to keep affected, potentially affected and

923

interested parties apprised of conditions at the site, response actions, and actual or

924

potential public health impacts

. This section also should explain how the public will be

925

notified of mailings or meetings

. The contact person(s) and contact information for

926

public inquiries should be clearly defined

. Additionally, details about the location of, and

927

access to, the document repository should be outlined in this section of the CRP

.

928

929

4 .

Contact List

: The CRP should outline the process for identifying and updating a contact

930

list and developing a contact database of affected, potentially affected and interested

931

parties, including, but not limited to :

932

933

*

Owners and occupants of properties served by private, semi-private or non-

934

community water systems that have been or may be impacted by groundwater

935

contamination from the release

;

936

937

Owners and operators of community water system wells that have been or may be

938

impacted by groundwater contamination from the release

;

---

939

940

941

942

943

944

945

946

947

948

949

950

951

952

953

954

955

956

957

958

959

960

961

JCAR351505-0608061 r01

Owners of properties without potable water supply wells but with groundwater

that has been or may be impacted by groundwater contamination from the release

;

Owners and occupants of off-site properties with soil contamination posing a

threat of exposure above the appropriate Tier 1 remediation objectives for the

current use(s) ;

Local, State and federal officials whose jurisdiction covers the affected and

potentially affected properties, including

: mayor or village president, city or

village clerk, township supervisors, county board chair and county clerk, city and

county health department administrator, State and federal legislators

; and

Citizens, identified groups, organizations or businesses within a minimum of

1,000 feet from the site where the release occurred that may have an interest in

learning about affected and potentially affected properties

(e.g., public and private

school administrators

; Parent-Teacher Association leaders

; day care center,

senior center and nursing home management

; neighborhood or homeowner

association or other community leaders as identified

; hospital and clinic

management

; and recognized environmental or citizen advisory groups) . If

approved by the Agency, the initial minimum distance of 1,000 feet may be

expanded or contracted as the CRP and contact list are updated based on new

information developed during the response action

.