BEFORE THE ILINOIS POLLUTION CONTROL BOARD
IN THE MATTER OF:
)
)
PROPOSED AMENDMENTS TO REGULATION)
R01-26
OF PETROLEUM LEAKING UNDERGROUND
)
(Rulemaking
-
Land)
STORAGE TANKS, 35 ILL. ADM.732
)
SUGGESTED REVISIONS
SUBMITTED BY THE UNITED STATES DEPARTMENT OF DEFENSE
NOW COMES the U.S. Department ofDefense (“DoD”), through one ofits attorneys,
and submits to the Illinois Pollution Control Board (the “Board”) certain recommended changes
to the text
ofthe Part
732
rulemaking proposal filed with this Board by the Illinois
Environmental Protection Agency (the “Agency”) on December 6, 2000 and to certain proposed
changes contained in the Agency’s subsequent Motion to Amend dated February 16, 2001. DoD
recommends that the following revisions be made:
TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE G: WASTE DISPOSAL
CHAPTER I: POLLUTION CONTROL BOARD
SUBCHAPTER d: UNDERGROUND INJECTION CONTROL AND UNDERGROUND
STORAGE TANK PROGRAMS
PART 732
PETROLEUM UNDERGROUND STORAGE TANKS
SUBPART A: GENERAL
Section 732.103
Definitions
“GIS” means Geographic Information System
“GPS” means Global Positioning System
“Institutional Control” means a legal mechanism for imposing a restriction on
land use as described in
35
Ill. Adm.Code 742. Subpart J
F
~TTI
“Land Use Control Memorandum ofAgreement” means an agreement entered
into
between one or more agencies of the United States and the Illinois
Environmental Protection Agency that limits or places requirements upon the use
ofFederally Owned Property for the purpose of protecting human health or the
environment,
or that is used to perfect a No Further Remediation Letter that
contains land use restrictions
“Perfect” or “Perfected” means recorded or filed for record so as to place the
public on
notice, or as otherwise provided in subsections 732.703(c) and (d)
ofthis Part.
SUBPART G: NO FURTHER REMEDIATION LETTERS AND RECORDING
REQUIREMENTS
Section 73 2.702
Contents ofa No Further Remediation Letter
A No Further Remediation Letter issued pursuant to this Part shall include all ofthe following:
b)
A description of the location of the affected property by adequate legal
description~e* by reference to a plat showing its boundaries, or other means
sufficient to identify site location with particularity
Section 732.703
Duty to Record a No Further Remediation Letter
d)
For sites located on Federally Owned Property for which the Federal Landholding
Entity does not have the
authority under federal law to record institutional
controls on the chain of title, the following requirements shall apply:
1)
To perfect a No Further Remediation Letter containing any restriction on
future land use(s), the Federal Landholding Entity or Entities responsible
for the site must enter into a Land Use Control Memorandum of
Agreement (“LUC MOA”) with the Agency that requires the Federal
Landholding Entity
to do, at a minimum, the following:
A)
Identify the location on the Federally Owned Property of eaeh
the site subject to a the No Further Remediation Letter. Such
identification shall be by means of common address, notations in
any available facility master land use plan, site specific GIS or
GPS coordinates, plat maps, or any other means that identifies the
site in question with
particularity;
B)
Implement periodic site inspection procedures that ensure
oversight by the Federal Landholding Entities ofany land use
limitations or restrictions imposed pursuant to the No Further
Remediation Letter;
2
C)
Implement procedures for the Federal Landholding Entities to
periodically advise the Agency ofcontinued compliance with all
maintenance and inspection requirements set forth in the LUC
MOA;
D)
Implement procedures for the Federal Landholding Entities to
notify the Agency of any planned or emergency changes in land
use that may adversely impact land use limitations or restrictions
imposed pursuant to the No Further Remediation Letter;
E)
Notify the Agency at least 60 days in advance ofa conveyance by
deed or fee simple title, by the Federal Landholding Entities, ofa
the site or sites subject to a the No Further Remediation Letter, to
any entity that will not remain or become a Federal Landholding
Entity, and provide the Agency with information about how the
Federal Landholding Entities will ensure the No
Further
Remediation Letter is recorded on the chain oftitle upon transfer
of the property; and
F)
Attach to the LUC MOA a copy ofthe No Further Remediation
Letter for each site subject
to the LUC MOA.
To perfect a No Further Remediation Letter containing no restriction(s
on future land use, the Federal Landholding Entity shall submit the letter
to the Office ofthe Recorder or the Registrar of Titles ofthe county in
which the site is located within 45 days after receipt ofthe letter. The
letter shall be filed in accordance with Illinois law so it forms a permanent
part of the chain of title. The Federal Landholding Entity shall obtain and
submit to the Agency, within 30 days after recording, a copy ofthe letter
demonstrating that the recording requirements have been satisfied
Failure to comply with the requirements of this subsection and the LUC
MOA may result in voidance of the No Further Remediation Letter as well
as any other penalties that may be available.
e)
At no time shall any site for which a land use limitation has been imposed as a
result
of corrective action under this Part be used in a manner inconsistent with
the land use limitation set
forth in the No Further Remediation Letter. The land
use limitation
specified in the No Further Remediation Letter may be revised only
by the perfecting ofa subsequent No Further Remediation Letter, issued pursuant
to Title XVII ofthe Act and regulations thereunder, following further
investigation or remediation that demonstrates the attainment ofobjectives
appropriate for the new land use.
Section 732.704
Voidance of a No Further Remediation Letter
a)
9)
The failure to comply with the requirements of Section 732.703(d) of this
Part or the failure to record a No Further Remediation Letter perfected in
accordance with Section 732.703(d) within 45 days following the transfer
ofthe Federally Owned Property subject to the No Further Remediation
Letter
to any entity that will not remain or become a Federal Landholding
Entity; or
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