BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
IN THE MATTER OF:
REGULATION OF PETROLEUM
LEAKING UNDERGROUND STORAGE
TANKS (PROPOSED NEW
35
ILL.
ADM. CODE 734)
)
)
)
)
)
)
(Rulemaking
—
Land)
NOTICE OF FILING
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board
James R. Thompson Center
100 West Randolph Street, Suite 11-500
Chicago, Illinois 60601
Jonathan Fun, Chief Legal Counsel
Department ofNatural Resources
One Natural Resources Way
Springfield, IL 62702-1271
Matthew Dunn, Chief
Environmental ~ureaü
Office ofthe Attorney General
100 W. Randolph,
12th
Floor
Chicago, Illinois 60601
PLEASE TAKE NOTICE that I have filed today with the Illinois Pollution Control
Board the Motion for Acceptance: Appearance: Statement ofReasons, Synopsis ofTestimony,
and Statement Regarding Material Incorporated by Reference: and proposed
35
Ill. Adm. Code
734 by the ILLiNOIS ENVIRONMENTAL PROTECTION AGENCY, a copy ofwhich is
herewith served upon you.
Dated:
1021 North Grand Avenue East
P.O. Box 19276
Springfield, Illinois 62794-9276
(217)
782-5544
ILLiNOIS ENVIRONMENTAL
PROTECTION AGENCY
By:
Kyle ~ominger
Assistant Counsel
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
)
R
~Z3
)
(Rulemaking
—
Land)
)
)
MOTION FOR ACCEPTANCE
‘—i:~ ~
“I/i,
ro,&O,
NOW COMES the Illinois Environmental Protection Agency (“Illinois EPA”) and
moves, pursuant to
35
Ill. Adm. Code 102.200 and 102.202, that the Illinois Pollution Control
Board (“Board”) accept for hearing the Illinois EPA’s proposal for the addition ofa new
35
Iii.
Adm. Code 734 to the Board’s Leaking Underground Storage Tank rules. This proposal
includes: 1) the proposed rules; 2) a Statement ofReasons, Synopsis ofTestimony, and
Statement Regarding Material Incorporated by Reference; 3) proofofservice upon all persons
required to be served pursuant to
35
Ill. Adm. Code 102.422; 4) an electronic version ofthe
proposed amendments; and
5)
an appearance forthe attorneys representing the Agency.
DATED:
I- 7-O’j
1021 North Grand Avenue East
P.O. Box 19276
Springfield, IL 62794-9276
(217) 782-3397
Respectfullysubmitted,
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY
IN THE MATTER OF:
REGULATION OF PETROLEUM
LEAKING UNDERGROUND STORAGE
TANKS (PROPOSED NEW 35 ILL.
ADM. CODE 734)
Renee
Director
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
R
I2-~,
(Rulemaking
—
Land)
IN THE MATTER OF:
)
)
REGULATION OF PETROLEUM
)
_______
LEAKING UNDERGROUND STORAGE
)
TANKS (PROPOSED NEW 35 ILL.
)
ADM. CODE 734)
)
The undersigned hereby enter their appearance as attorneys on behalf ofthe Illinois
APPEARANCE
Respectfully submitted,
Dated:
/
1021 North Grand Avenue East
P.O. Box 19276
Springfield, Illinois 62794-9276
(217) 782-5544
ILLINOIS ENVIRONMENTAL
PROTECTION-AGENCY
Kyle Rofiiinger
Assistant Counsel
0
Gina Roccaforte
Assistant Counsel
Environmental Protection Agency.
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
IN THE MATTER OF:
)
REGULATION OF PETROLEUM
)
R
&-1 ~
LEAKING UNDERGROUND STORAGE
)
(Rulemaking
-
Land)
TANKS (PROPOSED NEW 35 ILL.
)
ADM. CODE 734)
)
STATEMENT
OF
REASONS, SYNOPSIS OF TESTIMONY, AND STATEMENT
REGARDING MATERIAL INCORPORATED
BY
REFERENCE
NOW COMES the Illinois Environmental Protection Agency (“Illinois EPA”) and,
pursuant to 35 Ill. Adm. Code 102.202, submits its Statement ofReasons, Synopsis of
Testimony, and Statement Regarding Material Incorporated by Reference for the above
referenced proceeding.
I.
STATEMENT
OF
REASONS
A.
Facts in Support, Purpose and Effect
1.
Background
In this proposal the Illinois EPA submits a proposed new 35 Ill. Adm. Code 734 (“Part
734”) as an addition to the Illinois Pollution Control Board (“Board”) rules governing the
Leaking Underground Storage Tank (“LUST”) Program. The proposed Part 734 is applicable to
petroleum underground storage tank (“UST”) releases reported on or afterJune 24, 2002, the
effective date ofPublic Act
92-0554,
and is identical in substance to 35 Iii. Adm. Code 732
(“Part 732”), as amended in the concurrent Part 732 proposal, except forchanges enacted in
Public Act 92-05
54.
Those changes are different corrective action requirementsiand increased
caps on the total amount owners and operators can be paid from the Underground Storage Tank
Fund (“UST Fund”). The following is a table showing the locations ofsimilar provisions in
Parts 734 and Part 732.
PART 734
PART 732
734.100
732.100
734.105
732.101
734.110
732.102
734.115
732.103
734.120
732.104
734.125
732.105
734.130
732.108
734.135
732.110
734.200
732.200
734.205
732.201
734.2 10
732.202
734.215
732.203
734.220
732.204
734.340
732.407
734.350
732.411
734.355(b) and (c)
732.405(f)
734.405
732.310
734.410
732.408
734.415
732.307(j)(5)(A) and (C)
734.420
732.106
734.425
732.307(c)(1)(E) and (G), 732.308
734.430
732.307(j)(3) through
(5)
734.435
732.308(b)
734.440
732.1 10(a)(1)
734.445
732.307(f), 732.309(a), 732.404(e)(1), and
732.409(a)(2)
734.450
732.306 and 732.406
734.500
732.500
734.505
732.503
734.510
732.505
734.600
732.600
734.605
732.601
734.610
732.602
734.615
732.603
2
734.620
732.604
734.625
732.605
734.630
732.606
734.635
732.607
734.640
732.608
734.645
732.609
734.650
732.610
734.655~
732.611
734.660
732.6 12
734.665
732.614
734.700
732.700
734.705
732.701
734.710
732.702
734.715
732.703
734.720
732.704
734.800
732.800
734.810
732.810
734.815
732.815
734.820
732.820
734.825
732.825
734.830
732.830
734.835
732.835
734.840
732.840
734.845
732.845
734.850
732.850
734.855
732.855
734.860
732.860
734.865
732.865
734.APPEND]IX A
732.APPENDLX A
734.APPENDLX B
732.APPENDIX B
734.APPENDIX C
732.APPENDIX C
734.APPENDIX D
732.APPENDIX D
734.APPENDLX E
732.APPENDIX E
Concurrent with this proposal the Illinois EPA is submitting a separate proposal for the
amendment ofPart 732. Because Parts 732 and 734 both apply to UST releases and their
applicability depends only upon the date the release was reported, or whether the UST owner or
operator elects to proceed under Part 734, the Illinois EPA respectfully requests that the dockets
3
for this proposal and the Part 732 proposal be combined.
2.
Regulatory Development
The Illinois EPA developed the proposed regulations with input from the regulated
community. The amendments in response to Public Acts 92-0554 and
92-0735
were initially
drafted by an Illinois EPA workgroup and then distributed to members ofthe Illinois
Environmental Regulatory Group, the Illinois Petroleum Marketers Association, and the Illinois
Petroleum Council for comment. Meetings have been held with these groups to discuss the
amendments, and changes to the amendments have beenmadeas a result ofthe meetings. In
addition, the Illinois EPA met with the following parties during its development ofthe proposed
rules relating to payment from the UST Fund: the Consulting Engineers Council ofIllinois, the
Illinois Petroleum Contractors Association, and the Illinois Association ofEnvironmental
Laboratories. Comments received from members ofthese parties were used in the development
ofproposed Subpart H. The Illinois EPA believes it has addressed most ofthe concerns brought
to its attention. However, some outstanding issues may remaim Items that may generate
discussion in this rulemaking include the following:
a.
Quantifyingthe amount offree product that triggers the free product
removal requirements.
b.
The staged site investigation, as proposed in Subpart C.
c.
Provisions relating to elections to defer response activities.
d.
The proposed deadline for submitting applications for payment from the
UST Fund (one year after the issuance ofa No Further Remediation Letter).
e.
Various additions to the list of costs ineligible for payment from the UST
Fund.
4
f.
The auditing provisions in Section
734.665.
g.
Issues related to Subpart H, including, but not limited to, the proposed
maximum payment amounts and payment by lump sums or unit rates.
3.
Description ofthe Proposed Regulations
As discussed above, most ofPart 734 is identical in substance to Part 732, as amended in
the concurrent Part 732 propOsal. Therefore, for economy, this section identifies provisions in
Part 732, as amended, that correspond to provisions in Part 734 and provides a detailed
discussion of only the Part 734 provisions that do not have a corresponding Part 732 provision.
Subpart A: General
Section 734.100— Applicability. 35 Ill. Adm. Code 734.100 (“Section 734.100”) is
based upon 35 Ill. Adm. Code 732.100 (“Section 732.100”), except that Section 734.100 makes
Part 734 applicable to UST releases reported on or after June 24, 2002, the effective date of
Public Act
92-0554,
and to persons receiving a corrective action order from the Office ofthe
-
State Fire Marshal on or after that date. The applicability dates of Section 734.100 dovetail with
the applicability dates ofSection 732.100. Section 732.100(b), similar to proposed Section
732.100(e), notes that owners and operators with releases reported prior to June 24, 2002, may
elect to proceed in accordance with Part 734.
Section 734.105
—
Election to Proceed under Part 734. Section 734.105 is based upon
Section 732.101, and sets forth the procedural requirements for elections to proceed under Part
734. Section 734.105(c) requires an owner or operator electing to proceed under Part 734 to
submit a summary ofthe Part 734 requirements the owner or operator has already satisfied. This
summary is required to help the Illinois EPA determine which requirements ofPart 734 the
owner or operator still needs to complete. Section 734.105(e) notes that a person that has already
5
received a No Further Remediation Letter for a particular release may not elect to proceed under
Part 734 with respect to that release.
Section 734.110
—
Severability. Section 734.110 is identical to Section 732.102
Section 734.115
—
Definitions. Section 734.115 is identical to Section 732.103.
Section 734.120
—
Incorporations by Reference. Section 734.120 is identical to Section
732.104.
Section 734.125
—
Agency Authority to Initiate Investigate, Preventive, or Corrective
Action. Section 734.125 is identical to Section 732.105.
Section 734.130
—
Licensed Professional Engineer or Licensed Professional Geologist
Supervision. Section 734.100 is based upon Section 732.108.
Section 734.135
—
Form and Delivery ofPlans, Budgets, and Reports: Signatures and
Certifications. Section 734.135 is based upon Section 732.110. In Part 734, the minimum map
requirements added in Section 732.100(a) are found in Section 734.440.
Subpart B: Early Action
Section 734.200
—
General. Section 734.200 is identical to Section 732.200.
Section 734.205
—
Agency Authority to Initiate. Section 734.205 is identical to Section
732.201.
Section 734.2 10— Early Action. Section 734.2 10 is identical to Section 732.202.
Section 734.215
—
Free Product Removal. Section 734.2 15 is identical to Section
732.203.
Section 734.220
—
Application for Payment of Early Action Costs. Section 734.220 is
identical to Section 732.204.
6
Subpart C: Site Investigation and Corrective Action
Section 734.300
—
General. Section 734.300 is based upon Section 732.300(a). Part 734
does not contain provisions corresponding to Sections 732.300(b) and (c), which provide an
alternative to site classification and classification based remediation requirements, because Part
734 does not require site classification and classification based remediation.
Section 734.305
—
Agency Authority to Initiate. Section 734.305 is identical to Section
732.301.
Section 734.310
—
Site Investigation
—
General. The first paragraph ofSection 734.310
explains that site investigation shall proceed in three stages, as set forth in Section 734.315
through 734.325. Ifthe extent ofcontamination exceeding the applicable remediation objectives
is fully defined after completing any ofthe stages, the owner or operatormust skip the remaining
stages ofthe site investigation and proceed directly to the submission of a site investigation
completion report under Section 734.330. Sections 734.3 10(a) through (e) are based upon
-
Sections 732.305(a) through’(e), excluding Section 732.305(c) which is not repeated due to its
redundancy with provisions in Subpart E.
Section 734.315
—
Stage 1 Site Investigation. Section 734.315 sets forth the requirements
forthe Stage 1 site investigation, which is designed to gather initial information on the extent of
-
contamination. Section 734.3 15(a)(1) requires the collection of soil samples from borings drilled
15 feet out from early action soil samples that exceed the most stringent Tier 1 remediation
objectives of35 Iii. Adm. Code 742 for the applicable indicator contaminants (“Tier 1
remediation objectives”). Section 734.31
5(a)(2)(A)
requires a groundwater investigation under
certain circumstances, which are taken from Sections 732.202(h)(4) and 732.300(b)(2). Ifa
groundwater investigation is required, Section 734.31
5(a)(2)(B)
requires the installation offive
7
groundwater monitoring wells: one where groundwater contamination is most likely to be
present and the remaining four installed at the property boundaries or 200 feet from the UST
system, whichever is less. Section 734.3
15(a)(2)(B)
further requires the collection ofsoil
samples from groundwater monitoring well installation borings that are located beyond early
action soil samples that exceed the Tier 1 remediation objectives. In addition to the initial soil
and groundwater investigations, Section 734.31
5(a)(3)
requires an initial water supply well
survey in accordance with Section 734.445(a).
Section 734.3
15(b)
requires the Stage 1 site investigation planto consist ofa certification
signed by the owner or operator and by a Licensed Professional Engineer or Licensed
Professional Geologist. A certification is required for ease ofadministration because the Stage 1
site investigation is the same for all sites. Ifnone ofthe samples collected as part ofthe Stage 1
site investigation exceed the Tier 1 remediation objectives, Section 734.315(c) directs the owner
or operator to submit a site investigation completion report. Ifone or more samples exceed the
-
Tier 1 remediation objectives; Section 734.315(c) directs the owneror operator to Stage 2 of the
site investigation.
Section 734.320
—
Stage 2 Site Investigation. Section 734.320 sets forth the requirements
for defining the remaining extent ofon-site contamination that exceeds the Tier 1 remediation
objectives. Section 734.320(a) requires additional soil borings and groundwater monitoring
wells to the extent necessary to define the extent ofon-site contamination that exceeds the Tier 1
remediation objectives. Section 734.320(b) sets forth the requirements forthe Stage 2 site
investigation plan, which must include the results ofthe Stage 1 site investigation as well
activities proposed for Stage 2 ofthe site investigation.
Ifthe owner or operator does not propose additional on-site investigation in the Stage 2
8
site investigation plan and contamination exceeding the Tier 1 remediation objectives does not
extend off-site (i.e., Stage 1 samples exceed the Tier 1 remediation objectives but no additional
investigation is needed to define the extent ofcontamination exceeding the Tier 1 remediation
objectives), Section 734.320(c) requires the owner or operator to proceed with the submission of
a site investigation completion report. Ifthe owner or operator does not propose addition on-site
investigation in the Stage 2 site investigation plan but contamination exceeding the Tier I
remediation objectives extends off-site (i.e., Stage 1 sampling is adequate to define the extent of
on-site contamination that exceeds the Tier 1 remediation objectives), Section 734.320(c)
requires the owner or operator to submit a Stage 3 site investigation plan.
Ifthe results ofa Stage 2 site investigation indicate that contamination exceeding the Tier
1 remediation objectives does not extend off-site, Section 734.320(d) directs the owner or
operator to proceed with the submission ofa site investigation completion report. If the results
ofa Stage 2 site investigation indicate that contamination exceeding the Tier 1 remediation
-
objectives extends off-site, Section 734.320(d) requires the owner or operator to submit a Stage 3
site investigation plan.
Section 734.325
—
Stage 3 Site Investigation. Section 734.325 sets forth the
requirements for defining the extent of off-site contamination that exceeds the Tier 1 remediation
objectives. Section 734.325(a) requires additional soil borings and groundwater monitoring
wells to the extent necessary to define the extent ofoff-site contamination exceeding the Tier 1
remediation objectives. Section 734.325(b) sets forth the requirements for the Stage 3 site
investigation plan, which must include the results of the Stage 2 site investigation as well as
activities proposed for Stage 3 ofthe site investigation. Section 734.325(c) requires owners and
operators to proceed with the submission of a site investigation completion report after the Stage
9
3 site investigation is complete.
Section 734.330
—
Site Investigation Completion Report. Section 734.330 prescribes the
contents ofthe site classification completion report.
Section 734.335
—
Corrective Action Plan. Section 734.335(a) prescribes the contents of
the corrective action plan, which is required if any ofthe applicable indicator contaminants
exceed their Tier 1 remediation objectives. Sections 734.335(b), (d), and (e) are based upon
Sections 732.405(b), (d), and (e).
Section 734.340
—
Alternative Technologies. Section 734.340 is identical to 732.407.
Section 734.345
—
Corrective Action Completion Report. Section 734.345(a) prescribes
the contents ofthe corrective action completion report. Section 734.345(b) is identical to
732.404(c).
Section 734.350
—
Off-site Access. Section 734.350 is identical to Section 732.411.
Section 734.355
—
Status Report. Sections 734.355(a) and (b) are taken from the
Environmental Protection Act. Sections 734.355 (b) and (c) are similar to Section
732.405(f).
Subpart D: Miscellaneous Provisions
Section 734.400
—
General. Section 734.400 explains that the provisions ofSubpart D
apply to all activities conducted under Part 734 and all plans, budgets, and reports submitted
under Part 734.
Section 734.405
—
Indicator Contaminants. Section 734.405 is identical to Section
732.310.
Section 734.4 10
—
Remediation Objectives. Section 734.410 is based upon Section
732.408.
10
Section 734.4 15
—
Data Quality. Section 734.415 is based upon Sections
‘732.307(j)(5)(A) and (C).
Section 734.420
—
Laboratory Certification. Section 734.420 is identical to Section
732.106.
Section 734.425
—
Soil Borings. Sections 734.425(a) and (b) are identical to Sections
732.307(c)(1)(E) and (G). Section 734.425(c) is identical to Sections 732.308(a)(1) and
(a)(2)(C).
Section 734.430
—
Monitoring Well Construction and Sampling. Section 734.430 is
based upon Sections 732.307(j)(3) through
(5).
Section 734.435
—
Sealing of Soil Borings and Groundwater Monitoring Wells. Section
734.435 is identical to Section 732.308(b).
Section 734.440
—
Site Map Requirements. Section 734.440 sets forth the basic
requirements for all site maps. It is identical to 732.1 10(a)(1).
Section 734.445
—
Water Supply Well Survey. Section 734.445 contains water supply
well survey requirements. Section 734.445(a) sets forth the minimum requirements for the initial
water supply well survey performed as part ofthe Stage 1 site investigation (see 734.31
5(a)(3)).
The Section is identical to Section 732.307(f). Sections 734.445(b) and (c) address additional
water supply well survey activities that may be required, depending upon site specific
circumstances. Sections 734.445(b) and (c) are identical to Section 732.404(e)(l). Section
734.445(d) sets forth water supply well survey documentation that must be submitted in site
investigation plans, site investigation completion reports, and corrective action completion
reports (see 734.320(b)(3)(G), 734.330(b)(8), and 734.345(a)(7)). Section 734.445(d) is
identical to Sections 732.309(a) and 732.409(a)(2).
11
Section 734.450
—
Deferred Site Investigation or Corrective Action: Priority List for
Payment. Section 734.45 0 is identical to Sections 732.3 06 and 732.406.
Subpart E: Review ofPlans, Budgets, and Reports
Section 734.500
—
General. Section 734.500 is identical to Section 732.500.
Section 734.505
—
Review ofPlans, Budgets, or Reports. Section 734.505 is identical to
Section
732.5
03.
Section 734.5 10— Standards for Review ofPlans, Budgets, or Reports. Section 734.5 10
is identical to Section 732.505(a) and (c).
Subpart F: Payment from the Fund
Section 734.600
—
General. Section 734.600 is identical to Section 732.600.
Section 734.605
—
Applications for Payment. Section 734.605 is identical to Section
732.601.
Section 734.6 10
—
Review ofApplications for Payment. Section 734.610 is identical to
Section 732.602.
Section 734.615
—
Authorization for Payment; Priority List. Section 734.615 is identical
to Section 732.603.
Section 734.620
—
Limitations on Total Payments. Section 734.620 contains statutory
language enacted by Public Act 92-0554 that sets forth the increased limitations on payments
from the UST Fund. The Section is identical to Section 732.604, except for the caps on the
amounts that may be paid.
Section 734.625
—
Eligible Costs. Section 734.625 is identical to Section 732.605.
Section 734.630
—
Ineligible Costs. Section 734.630 is identical to Section 732.606,
except to the extent that there are differences in the corrective action requirements ofPart 732
12
and Part 734.
Section 734.635
—
Payment for Handling Charges. Section 734.635 is identical to
Section 732.607.
Section 734.640
—
Apportionment ofCosts. Section 734.640 contains statutory language
and is identical to Section 732.608.
Section 734.645
—
Subrogation ofRights. Section 734.645 contains statutory language
and is identical to Section 732.609.
Section 734.650
—
Indemnification. Section 734.650 is identical to Section 732.6 10.
Section
734.655
—
Costs Covered by Insurance, Agreement, or Court Order. Section
734.655 contains statutory language and is identical to Section 732.611.
Section 734.660
—
Determination and Collection ofExcess Payments. Section 734.660 is
identical to Section 732.6 12.
Section 734.665
—
Audits and Access to Records; Records Retention. Section 734.665
-
contains statutory language and is identical to Section 732.6 14.
Subpart G: No Further Remediation Letters and Recording Requirements
Section 734.700
—
General. Section 734.700 is identical to Section 732.700.
Section 734.705
—
Issuance of a No Further Remediation Letter. Section 734.705 is
identical to Section 732.701, except for the differences in the final reports submitted under Parts
732 and 734.
Section 734.7 10
—
Contents ofNo Further Remediation Letters. Section 734.7 10 is
identical to Section 732.702.
Section 734.7 15
—
Duty to Record a No Further Remediation Letter. Section 734.7 15 is
identical to Section 732.703.
13
Section 734.720
—
Voidance ofa No Further Remediation Letter. Section 734.720 is
identical to Section 732.704.
Subpart H: Maximum Payment Amounts
Except for the differences between Sections 734.845 and 732.845 (Professional
Consulting Services) due to differences in corrective action and reporting requirements, Subpart
H in Part 734 is identical to Subpart H in Part 732.
Appendices
The Appendices in Part 734 are identical to the Appendices in Part 732.
B.
Technical Feasibility and Economic Reasonableness
1.
Technical Feasibility
New technical requirements created by the proposed amendments are the result ofthe
enactment ofPublic Act
92-0554.
They are not, however, dissimilar in substance from the
requirements applicable to sites classified as high priority under Part 732 orremediated pursuarit
to Section 732.300(b). Under both Part 734 and Part 732 the sites are remediated in accordance
with the Tiered Approach to Corrective Action Objectives (TACO) rules of35 Ill. Adm. Code
742. Therefore, the Illinois EPA believes that no issues oftechnical feasibility are raised by this
proposal.
2.
Economic Reasonableness
This proposal
mayresult
in
both increased and decreased incidental costs ta the
Illinois
EPA and the Board. As a result ofproposed Part 734, the Illinois EPA anticipates incurring
costs related to forms revisions, internal training, and public outreach. Some of these costs,
however, are due to the enactment ofPublic Act 92-0554 and will not be incurred solely as a
result ofthe proposed rules. The Illinois EPA anticipates a costs savings as a result ofthe
14
streamlinedplan, budget, and report review process provided in Subparts E and H. In addition,
as a result ofthe new standardized payment process provided by Subpart H, the Illinois EPA
hopes to see an overall reduction in the number ofappeals to the Board, which should result in
additional savings to the Illinois EPA as well as savings to the Board and owners and operators
seeking payment from the UST Fund. The Illinois EPA believes that any cost increases
associated with the proposed rules will be reasonable.
II.
SYNOPSIS OF TESTIMONY
The Illinois EPA plans to provide the following witnesses at hearing: Gary King, Doug
Clay, Hemando Albarracin, Harry Chappel, Brian Bauer, and Doug Oakley. Mr. Clay, Manager
ofthe Illinois EPA’s LUST Section, will testify about the proposed rules in general as well as
niles relating specifically to deferred corrective action; indicator contaminants; the review of
plans, budgets, and reports; payment from the UST Fund; and No Further Remediation Letters
and their recording requirements. Mr. Albarracin, a unit manager in the LUST Section, will
-
testify about the general provisions of Subpart A, early action requirements, site investigation
requirements, and corrective action requirements. Mr. Chappel, a unit manager in the LUST
Section, and Mr. Bauer, a project manager in the LUST Section, will testify about Subpart H and
related appendices. Mr. Oakley, manager ofthe Illinois EPA’s LUST Claims Unit, will testify
about proposed rules relating to payment from the UST Fund. Mr. King, Manager ofthe
Division ofRemediation Management in the Illinois EPA’s Bureau ofLand, will not offer
prepared testimony but will assist in answering questions as a part ofthe panel requested below.
Written testimony will be submitted prior to hearing in accordance with the Board’s
procedural rules. The Illinois EPA respectfullyrequests that the Board allow Illinois EPA
witnesses to present their oral testimony in panel form rather than calling each individually. A
15
panel format should streamline the hearing process, and has proved beneficial in past
rulemakings.
III.
STATEMENT REGARDING MATERIAL INCORPORATED BY REFERENCE
The material incorporated
by reference in Section 734.120
is the same
material already
it~icorporated
by reference in Section 732.104, or
new material proposed to be incorporated by
reference in the concurrent Part
732 rulemaking and, according to the Board’s technical staff, is
already in
the Board’s possession. Therefore, the Illinois EPA respectfullyrequests that the
Board waive the submission ofcopies ofthe material incorporated by reference as required under
35 Iii. Adm. Code 102.202(d).
Respectfully submitted,
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY
-
Kyle Rominger
Assistant Counsel
DATED:
/
-
1021 North Grand Avenue East
P.O. Box 19276
Springfield, Illinois 62794-9276
(217) 782-5544
16
TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE G: WASTE DISPOSAL
CHAPTER I: POLLUTION CONTROL BOARD
SUBCHAPTER d: UNDERGROUND INJECTION CONTROL AND
UNDERGROUND STORAGE TANK PROGRAMS
PART 734
PETROLEUM UNDERGROUND STORAGE TANKS
(RELEASES REPORTED ON OR AFTER JUNE 24, 2002)
SUBPART A: GENERAL
Section
734.100
Applicability
734.105
Election to Proceed under Part 734
734.110
Severability
734.115
Definitions
734.120
Incorporations by Reference
734.125
Agency Authority to Initiate Investigative, Preventive, or Corrective
Action
734.130
Licensed Professional Engineer or Licensed Professional Geologist
Supervision
734.135
Form and Delivery of Plans, Budgets, and Reports; Signatures and
Certifications
SUBPART B: EARLY ACTION
Section
734.200
General
734.205
Agency Authority to Initiate
734.210
Early Action
734.215
Free Product Removal
734.220
Application for Payment of Early Action Costs
SUBPART C: SITE INVESTIGATION AND CORRECTIVE ACTION
Section
734.300
General
734.305
Agency Authority to Initiate
734.310
Site Investigation – General
734.315
Stage 1 Site Investigation
734.320
Stage 2 Site Investigation
734.325
Stage 3 Site Investigation
734.330
Site Investigation Completion Report
734.335
Corrective Action Plan
734.340
Alternative Technologies
734.345
Corrective Action Completion Report
734.350
Off-site Access
1
734.355
Status Report
SUBPART D: MISCELLANEOUS PROVISIONS
Section
734.400
General
734.405
Indicator Contaminants
734.410
Remediation Objectives
734.415
Data Quality
734.420
Laboratory Certification
734.425
Soil Borings
734.430
Monitoring Well Construction and Sampling
734.435
Sealing of Soil Borings and Groundwater Monitoring Wells
734.440
Site Map Requirements
734.445
Water Supply Well Survey
734.450
Deferred Site Investigation or Corrective Action; Priority List for Payment
SUBPART E: REVIEW OF PLANS, BUDGETS, AND REPORTS
Section
734.500
General
734.505
Review of Plans, Budgets, or Reports
734.510
Standards for Review of Plans, Budgets, or Reports
SUBPART F: PAYMENT FROM THE FUND
Section
734.600
General
734.605
Applications for Payment
734.610
Review of Applications for Payment
734.615
Authorization for Payment; Priority List
734.620
Limitations on Total Payments
734.625
Eligible Corrective Action Costs
734.630
Ineligible Corrective Action Costs
734.635
Payment for Handling Charges
734.640
Apportionment of Costs
734.645
Subrogation of Rights
734.650
Indemnification
734.655
Costs Covered by Insurance, Agreement, or Court Order
734.660
Determination and Collection of Excess Payments
734.665
Audits and Access to Records; Records Retention
2
SUBPART G: NO FURTHER REMEDIATION LETTERS
AND RECORDING REQUIREMENTS
Section
734.700
General
734.705
Issuance of a No Further Remediation Letter
734.710
Contents of a No Further Remediation Letter
734.715
Duty to Record a No Further Remediation Letter
734.720
Voidance of a No Further Remediation Letter
SUBPART H: MAXIMUM PAYMENT AMOUNTS
Section
734.800
Applicability
734.810
UST Removal or Abandonment Costs
734.815
Free Product or Groundwater Removal and Disposal
734.820
Drilling, Well Installation, and Well Abandonment
734.825
Soil Removal and Disposal
734.830
Drum Disposal
734.835
Sample Handling and Analysis
734.840
Replacement of Concrete, Asphalt, or Paving; Destruction or Dismantling
and Reassembly of Above Grade Structures
734.845
Professional Consulting Services
734.850
Payment on Time and Materials Basis
734.855
Unusual or Extraordinary Expenses
734.860
Handling Charges
734.865
Agency Review of Payment Amounts
734.APPENDIX A
Indicator Contaminants
734.APPENDIX B
Additional Parameters
734.APPENDIX C
Backfill Volumes
734.APPENDIX D
Sample Handling and Analysis
734.APPENDIX E
Personnel Titles and Rates
AUTHORITY: Implementing Sections 22.12 and 57 - 57.17 and authorized by Sections
5, 22, 27, and 57.14A of the Environmental Protection Act [415 ILCS 5/5, 22, 22.12, 27,
and 57 - 57.17]
SOURCE: Adopted in R
at
Ill. Reg.
, effective
.
NOTE: Italics denotes statutory language.
3
SUBPART A: GENERAL
Section 734.100
Applicability
a)
This Part applies to owners or operators of any underground storage tank
system used to contain petroleum and for which a release is reported to
IEMA on or after June 24, 2002, in accordance with OSFM regulations. It
does not apply to owners or operators of sites for which the OSFM does
not require a report to IEMA or for which the OSFM has issued or intends
to issue a certificate of removal or abandonment pursuant to Section 57.5
of the Act.
b)
Owners or operators of any underground storage tank system used to
contain petroleum and for which a release was reported to the proper State
authority prior to June 24, 2002, may elect to proceed in accordance with
this Part pursuant to Section 734.105 of this Part.
c)
Upon the receipt of a corrective action order issued by the OSFM on or
after June 24, 2002, and pursuant to Section 57.5(g) of the Act, where the
OSFM has determined that a release poses a threat to human health or the
environment, the owner or operator of any underground storage tank
system used to contain petroleum and taken out of operation before
January 2, 1974, or any underground storage tank system used exclusively
to store heating oil for consumptive use on the premises where stored and
which serves other than a farm or residential unit, shall conduct corrective
action in accordance with this Part.
d)
Owners or operators subject to this Part by law or by election shall
proceed expeditiously to comply with all requirements of the Act and the
regulations and to obtain the No Further Remediation Letter signifying
final disposition of the site for purposes of this Part. The Agency may use
its authority pursuant to the Act and Section 734.125 of this Part to
expedite investigative, preventive, or corrective action by an owner or
operator or to initiate such action.
e)
The following underground storage tank systems are excluded from the
requirements of this Part:
1)
Equipment or machinery that contains petroleum substances for
operational purposes, such as hydraulic lift tanks and electrical
equipment tanks.
2)
Any underground storage tank system whose capacity is 110
gallons or less.
4
3)
Any underground storage tank system that contains a de minimis
concentration of petroleum substances.
4)
Any emergency spill or overfill containment underground storage
tank system that is expeditiously emptied after use.
5)
Any wastewater treatment tank system that is part of a wastewater
treatment facility regulated under Section 402 or 307(b) of the
Clean Water Act [33 U.S.C. 1251
et seq
. (1972)].
6)
Any UST system holding hazardous waste listed or identified
under Subtitle C of the Solid Waste Disposal Act [42 U.S.C. 3251
et seq
.] or a mixture of such hazardous waste or other regulated
substances.
Section 734.105
Election to Proceed under Part 734
a)
Owners or operators of any underground storage tank system used to
contain petroleum and for which a release was reported to the proper State
authority prior to June 24, 2002, may elect to proceed in accordance with
this Part by submitting to the Agency a written statement of such election
signed by the owner or operator. Such election shall be submitted on
forms prescribed and provided by the Agency and, if specified by the
Agency in writing, in an electronic format. Corrective action shall then
follow the requirements of this Part. The election shall be effective upon
receipt by the Agency and shall not be withdrawn once made.
b)
Except as provided in Section 734.100(c) of this Part, owners or operators
of underground storage tanks used exclusively to store heating oil for
consumptive use on the premises where stored and that serve other than a
farm or residential unit may elect to proceed in accordance with this Part
by submitting to the Agency a written statement of such election signed by
the owner or operator. Such election shall be submitted on forms
prescribed and provided by the Agency and, if specified by the Agency in
writing, in an electronic format. Corrective action shall then follow the
requirements of this Part. The election shall be effective upon receipt by
the Agency and shall not be withdrawn once made.
c)
Owners and operators electing pursuant to this Section to proceed in
accordance with this Part shall submit with their election a summary of the
activities conducted to date that satisfy requirements of this Part, a
statement of the requirements of this Part that have yet to be satisfied, and
a proposed starting point for compliance with this Part. The Agency shall
review and approve, reject, or modify the submission in accordance with
the procedures contained in Subpart E of this Part.
5
d)
If the owner or operator elects to proceed pursuant to this Part, corrective
action costs incurred in connection with the release and prior to the
notification of election shall be payable from the Fund in the same manner
as was allowable under the law applicable to the owner or operator prior
to the notification of election. Corrective action costs incurred after the
notification of election shall be payable from the Fund in accordance with
this Part.
e)
This Section does not apply to any release for which the Agency has
issued a No Further Remediation Letter.
Section 734.110
Severability
If any provision of this Part or its application to any person or under any circumstances is
adjudged invalid, such adjudication shall not affect the validity of this Part as a whole or
of any portion not adjudged invalid.
Section 734.115
Definitions
Except as stated in this Section, or unless a different meaning of a word or term is clear
from the context, the definitions of words or terms in this Part shall be the same as those
applied to the same words or terms in the Environmental Protection Act [415 ILCS 5].
"Act" means the Environmental Protection Act [415 ILCS 5].
"Agency" means the Illinois Environmental Protection Agency.
"Alternative Technology" means a process or technique, other than conventional
technology, used to perform a corrective action with respect to soils contaminated
by releases of petroleum from an underground storage tank.
"Board" means the Illinois Pollution Control Board.
“Bodily Injury” means bodily injury, sickness, or disease sustained by a person,
including death at any time, resulting from a release of petroleum from an
underground storage tank
[415 ILCS 5/57.2].
“Community water supply” means a public water supply which serves or is
intended to serve at least 15 service connections used by residents or regularly
serves at least 25 residents
[415 ILCS 5/3.145].
“Confirmation of a release” means the confirmation of a release of petroleum in
accordance with regulations promulgated by the Office of the State Fire Marshal
at 41 Ill. Adm. Code 170.
"Confirmed Release" means a release of petroleum that has been confirmed in
6
accordance with regulations promulgated by the Office of the State Fire Marshal
at 41 Ill. Adm. Code 170.
"Conventional Technology" means a process or technique to perform a corrective
action by removal, transportation, and disposal of soils contaminated by a release
of petroleum from an underground storage tank in accordance with applicable
laws and regulations, but without processing to remove petroleum from the soils.
“Corrective action” means activities associated with compliance with the
provisions of Sections 57.6 and 57.7
of the Act [415 ILCS 5/57.2].
“County highway” means county highway as defined in the Illinois Highway
Code, 605 ILCS 5.
“District road” means district road as defined in the Illinois Highway Code, 605
ILCS 5.
“Environmental Land Use Control” means Environmental Land Use Control as
defined in 35 Ill. Adm. Code 742.200.
“Federal Landholding Entity” means that federal department, agency, or
instrumentality with the authority to occupy and control the day-to-day use,
operation, and management of Federally Owned Property.
“Federally Owned Property” means real property owned in fee simple by the
United States on which an institutional control is or institutional controls are
sought to be placed in accordance with this Part.
“Fill material” means non-native or disturbed materials used to bed and backfill
around an underground storage tank
[415 ILCS 5/57.2].
“Financial interest” means any ownership interest, legal or beneficial, or being in
the relationship of director, advisor, officer, employee, or other active participant
in the affairs of a party. Financial interest does not include ownership of publicly
traded stock.
"Free Product" means a contaminant that is present as a non-aqueous phase liquid
for chemicals whose melting point is less than 30° C (e.g., liquid not dissolved in
water).
"Full Accounting" means a compilation of documentation to establish,
substantiate, and justify the nature and extent of the corrective action costs
incurred by an owner or operator.
“Fund” means the Underground Storage Tank Fund
[415 ILCS 5/57.2].
7
“GIS” means Geographic Information System.
“GPS” means Global Positioning System.
“Groundwater” means underground water which occurs within the saturated
zone and geologic materials where the fluid pressure in the pore space is equal to
or greater than atmospheric pressure
[415 ILCS 5/3.210].
“Half-day” means five hours or less of billable work time. The number of half-
days per calendar day shall not exceed two.
"Handling Charges" means administrative, insurance, and interest costs and a
reasonable profit for procurement, oversight, and payment of subcontracts and
field purchases.
“Heating oil” means petroleum that is No. 1, No. 2, No. 4 -light, No. 4 -heavy,
No. 5 -light, No. 5 -heavy or No. 6 technical grades of fuel oil; and other residual
fuel oils including navy special fuel oil and bunker c
[415 ILCS 5/57.2].
“Highway authority” means the Illinois Department of Transportation
with
respect to a State highway;
the Illinois State Toll Highway Authority with respect
to a toll highway;
the county board with respect to a county highway or a county
unit district road if a discretionary function is involved and the county
superintendent of highways if a ministerial function is involved; the highway
commissioner with respect to a township or district road not in a county or unit
road district; or the corporate authorities of a municipality with respect to a
municipal street
[605 ILCS 5/2-213].
“Highway Authority Agreement” means an agreement with a highway authority
that meets the requirements of 35 Ill. Adm. Code 742.1020.
"IEMA" means the Illinois Emergency Management Agency.
“Indemnification” means indemnification of an owner or operator for the amount
of judgment entered against the owner or operator in a court of law, for the
amount of any final order or determination made against the owner or operator
by any agency of State government or any subdivision thereof, or for the amount
of any settlement entered into by the owner or operator, if the judgment, order,
determination, or settlement arises out of bodily injury or property damage
suffered as a result of a release of petroleum from an underground storage tank
owned or operated by the owner or operator
[415 ILCS 5/57.2].
“Indicator contaminants” means the indicator contaminants set forth in Section
734.405 of this Part.
“Institutional Control” means a legal mechanism for imposing a restriction on
8
land use as described in 35 Ill. Adm. Code 742.Subpart J.
“Land Use Control Memorandum of Agreement” means an agreement entered
into between one or more agencies of the United States and the Illinois
Environmental Protection Agency that limits or places requirements upon the use
of Federally Owned Property for the purpose of protecting human health or the
environment, or that is used to perfect a No Further Remediation Letter that
contains land use restrictions.
“Licensed Professional Engineer” means a person, corporation or partnership
licensed under the laws of the State of Illinois to practice professional
engineering
[415 ILCS 5/57.2].
“Licensed Professional Geologist” means a person licensed under the laws of the
State of Illinois to practice as a professional geologist
[415 ILCS 5/57.2].
"Man-made Pathway" means a constructed route that may allow for the transport
of mobile petroleum free-liquid or petroleum-based vapors including but not
limited to sewers, utility lines, utility vaults, building foundations, basements,
crawl spaces, drainage ditches, or previously excavated and filled areas.
"Monitoring Well" means a water well intended for the purpose of determining
groundwater quality or quantity.
"Natural Pathway" means a natural route for the transport of mobile petroleum
free-liquid or petroleum-based vapors including but not limited to soil,
groundwater, sand seams and lenses, and gravel seams and lenses.
“Non-community water supply” means a public water supply that is not a
community water supply
[415 ILCS 5/3.145].
“Occurrence” means an accident, including continuous or repeated exposure to
conditions, that results in a sudden or nonsudden release from an underground
storage tank
[415 ILCS 5/57.2].
"OSFM" means the Office of the State Fire Marshal.
“Operator” means any person in control of, or having responsibility for, the daily
operation of the underground storage tank. (Derived from 42 USC 6991)
BOARD NOTE: A person who voluntarily undertakes action to remove an
underground storage tank system from the ground shall not be deemed an
"operator" merely by the undertaking of such action.
9
"Owner" means:
In the case of an underground storage tank in use on November 8, 1984, or
brought into use after that date, any person who owns an underground
storage tank used for the storage, use, or dispensing of regulated
substances;
In the case of any underground storage tank in use before November 8,
1984, but no longer in use on that date, any person who owned such
underground storage tank immediately before the discontinuation of its
use. (Derived from 42 USC 6991)
“Perfect” or “Perfected” means recorded or filed for record so as to place the
public on notice, or as otherwise provided in Sections 734.715(c) and (d) of this
Part.
"Person" means, for the purposes of interpreting the definitions of the terms
"owner" or "operator," an individual, trust, firm, joint stock company, joint
venture, consortium, commercial entity, corporation (including a government
corporation), partnership, association, State, municipality, commission, political
subdivision of a State, or any interstate body and shall include the United States
Government and each department, agency, and instrumentality of the United
States. (Derived from 42 USC 6991)
“Petroleum” means petroleum, including crude oil or any fraction thereof which is
liquid at standard conditions of temperature and pressure (60°F and 14.7 pounds
per square inch absolute). (Derived from 42 USC 6991)
“Potable” means generally fit for human consumption in accordance with
accepted water supply principles and practices
[415 ILCS 5/3.340].
"Practical quantitation limit" (“PQL”) means the lowest concentration that can be
reliably measured within specified limits of precision and accuracy for a specific
laboratory analytical method during routine laboratory operating conditions in
accordance with "Test Methods for Evaluating Solid Wastes, Physical/Chemical
Methods," EPA Publication No. SW-846, incorporated by reference at Section
734.120 of this Part. For filtered water samples, PQL also means the Method
Detection Limit or Estimated Detection Limit in accordance with the applicable
method revision in: "Methods for the Determination of Metals in Environmental
Samples," EPA Publication No. EPA/600/4-91/010; "Methods for the
Determination of Metals in Environmental Samples, Supplement I," EPA
Publication No. EPA/600/R-94/111; "Methods for the Determination of Organic
Compounds in Drinking Water," EPA Publication No. EPA/600/4-88/039;
"Methods for the Determination of Organic Compounds in Drinking Water,
Supplement II," EPA Publication No. EPA/600/R-92/129; or "Methods for the
Determination of Organic Compounds in Drinking Water, Supplement III," EPA
10
Publication No. EPA/600/R-95/131, all of which are incorporated by reference at
Section 734.120 of this Part.
“Property damage” means physical injury to, destruction of, or contamination of
tangible property
owned by a person other than an owner or operator of the UST
from which a release of petroleum has occurred and which tangible property is
located off the site where the release occurred. Property damage includes
all
resulting loss of use of that property; or loss of use of tangible property that is not
physically injured, destroyed or contaminated, but has been evacuated,
withdrawn from use, or rendered inaccessible because of a release of petroleum
from an underground storage tank
[415 ILCS 5/57.2].
“Public water supply” means all mains, pipes and structures through which
water is obtained and distributed to the public, including wells and well
structures, intakes and cribs, pumping stations, treatment plants, reservoirs,
storage tanks and appurtenances, collectively or severally, actually used or
intended for use for the purpose of furnishing water for drinking or general
domestic use and which serve at least 15 service connections or which regularly
serve at least 25 persons at least 60 days per year. A public water supply is either
a “community water supply” or a “non-community water supply”
[415 ILCS
5/3.365].
"Registration" means registration of an underground storage tank with the OSFM
in accordance with Section 4 of the Gasoline Storage Act [430 ILCS 15/4].
“Regulated recharge area” means a compact geographic area, as determined by
the Board,
[35 Ill. Adm. Code Subtitle F]
the geology of which renders a potable
resource groundwater particularly susceptible to contamination
[415 ILCS
5/3.390].
“Regulated Substance” means any substance defined in Section 101(14) of the
Comprehensive Environmental Response, Compensation, and Liability Act of
1980 [42 USC 9601(14)] (but not including any substance regulated as a
hazardous waste under subtitle C of the Resource Conservation and Recovery Act
[42 USC 6921 et seq.]), and petroleum. (Derived from 42 USC 6991)
“Release” means any spilling, leaking, emitting, discharging, escaping, leaching,
or disposing of petroleum from an underground storage tank into groundwater,
surface water or subsurface soils
[415 ILCS 5/57.2].
"Residential Tank" means an underground storage tank located on property used
primarily for dwelling purposes.
"Residential Unit" means a structure used primarily for dwelling purposes
including multi-unit dwellings such as apartment buildings, condominiums,
11
cooperatives, or dormitories.
“Right-of-way” means
the land, or interest therein, acquired for or devoted to a
highway
[605 ILCS 5/2-217].
“Setback Zone” means a geographic area, designated pursuant to the Act
[415
ILCS 5/14.1, 5/14.2, 5/14.3]
or regulations
[35 Ill. Adm. Code Subtitle F]
,
containing a potable water supply well or a potential source or potential route,
having a continuous boundary, and within which certain prohibitions or
regulations are applicable in order to protect groundwater
[415 ILCS 5/3.450].
“Site” means any single location, place, tract of land or parcel of property
including contiguous property not separated by a public right-of-way
[415 ILCS
5/57.2].
“State highway” means state highway as defined in the Illinois Highway Code,
605 ILCS 5.
“Street” means street as defined in the Illinois Highway Code, 605 ILCS 5.
"Surface Body of Water" or "Surface Water Body" means a natural or man-made
body of water on the ground surface including but not limited to lakes, ponds,
reservoirs, retention ponds, rivers, streams, creeks, and drainage ditches. Surface
body of water does not include puddles or other accumulations of precipitation,
run-off, or groundwater in UST excavations.
“Toll highway” means toll highway as defined in the Toll Highway Act, 605
ILCS 10.
“Township road” means township road as defined in the Illinois Highway Code,
605 ILCS 5.
"Underground Storage Tank" or "UST" means any one or combination of tanks
(including underground pipes connected thereto) which is used to contain an
accumulation of regulated substances, and the volume of which (including the
volume of underground pipes connected thereto) is 10 per centum or more
beneath the surface of the ground. Such term does not include any of the
following or any pipes connected thereto:
Farm or residential tank of 1,100 gallons or less capacity used for storing
motor fuel for noncommercial purposes;
Septic tank;
Pipeline facility (including gathering lines) regulated under the Natural
Gas Pipeline Safety Act of 1968 [49 USC App. 1671 et seq.], or the
12
Hazardous Liquid Pipeline Safety Act of 1979 [49 USC App. 2001 et
seq.], or which is an intrastate pipeline facility regulated under State laws
as provided in either of these provisions of law, and that is determined by
the Secretary of Energy to be connected to a pipeline or to be operated or
intended to be capable of operating at pipeline pressure or as an integral
part of a pipeline;
Surface impoundment, pit, pond, or lagoon;
Storm water or waste water collection system;
Flow-through process tank;
Liquid trap or associated gathering lines directly related to oil or gas
production and gathering operations; or
Storage tank situated in an underground area (such as a basement, cellar,
mineworking, drift, shaft, or tunnel) if the storage tank is situated on or
above the surface of the floor. (Derived from 42 USC § 6991)
The term “underground storage tank” shall also mean an underground
storage tank used exclusively to store heating oil for consumptive use on
the premises where stored and which serves other than a farm or
residential unit
[415 ILCS 5/57.2].
"UST system" or "tank system" means an underground storage tank, connected
underground piping, underground ancillary equipment, and containment system, if
any.
“Wellhead Protection Area” means the wellhead protection area of a community
water supply well as determined under the Agency’s wellhead protection program
pursuant to 42 USC § 300h-7.
Section 734.120
Incorporations by Reference
a)
The Board incorporates the following material by reference:
ASTM. American Society for Testing and Materials, 100 Barr Harbor
Drive, P.O. Box C700, West Conshohocken, PA 19428-2959 (610) 832-
9585
ASTM D 2487-93, Standard Test Method for Classification of
Soils for Engineering Purposes, approved September 15, 1993.
NTIS. National Technical Information Service, 5285 Port Royal Road,
Springfield, VA 22161 (703) 605-6000 or (800) 553-6847
13
“Methods for the Determination of Metals in Environmental
Samples,” EPA Publication No. EPA/600/4-91/010 (June 1991);
“Methods for the Determination of Metals in Environmental
Samples, Supplement I,” EPA Publication No. EPA/600/R-94/111
(May 1994);
“Methods for the Determination of Organic Compounds in
Drinking Water,” EPA Publication No. EPA/600/4-88/039
(December 1988) (revised July 1991);
“Methods for the Determination of Organic Compounds in
Drinking Water, Supplement II,” EPA Publication No.
EPA/600/R-92/129 (August 1992);
“Methods for the Determination of Organic Compounds in
Drinking Water, Supplement III,” EPA Publication No.
EPA/600/R-95/131 (August 1995);
“Test Methods for Evaluating Solid Wastes, Physical/Chemical
Methods,” EPA Publication No. SW-846, Third Edition
(September 1986), as amended by Updates I, IIA, III, and IIIA
(Final Update IIIA dated April 1998), Doc. No. 955-001-00000-1.
b)
This Section incorporates no later editions or amendments.
Section 734.125
Agency Authority to Initiate Investigative, Preventive, or
Corrective Action
a)
The Agency has the authority to do either of the following:
1)
Provide notice to the owner or operator, or both, of an
underground storage tank whenever there is a release or
substantial threat of a release of petroleum from such tank. Such
notice shall include the identified investigation or response action
and an opportunity for the owner or operator, or both, to perform
the response action.
2)
Undertake investigative, preventive or corrective action whenever
there is a release or a substantial threat of a release of petroleum
from an underground storage tank
[415 ILCS 5/57.12(c)].
b)
If notice has been provided under this Section, the Agency has the
authority to require the owner or operator, or both, of an underground
storage tank to undertake preventive or corrective action whenever there
14
is a release or substantial threat of a release of petroleum from such tank
[415 ILCS 5/57.12(d)].
Section 734.130
Licensed Professional Engineer or Licensed Professional
Geologist Supervision
All investigations, plans, budgets, and reports conducted or prepared under this Part,
excluding Corrective Action Completion Reports submitted pursuant to Section 734.345
of this Part, shall be conducted or prepared under the supervision of a Licensed
Professional Engineer or Licensed Professional Geologist. Corrective Action
Completion Reports submitted pursuant to Section 734.345 of this Part shall be prepared
under the supervision of a Licensed Professional Engineer.
Section 734.135
Form and Delivery of Plans, Budgets, and Reports; Signatures
and Certifications
a)
All plans, budgets, and reports shall be submitted to the Agency on forms
prescribed and provided by the Agency and, if specified by the Agency in
writing, in an electronic format.
b)
All plans, budgets, and reports shall be mailed or delivered to the address
designated by the Agency. The Agency’s record of the date of receipt
shall be deemed conclusive unless a contrary date is proven by a dated,
signed receipt from certified or registered mail.
c)
All plans, budgets, and reports shall be signed by the owner or operator
and list the owner’s or operator’s full name, address, and telephone
number.
d)
All plans, budgets, and reports submitted pursuant to this Part, excluding
Corrective Action Completion Reports submitted pursuant to Section
734.345 of this Part, shall contain the following certification from a
Licensed Professional Engineer or Licensed Professional Geologist.
Corrective Action Completion Reports submitted pursuant to Section
734.345 of this Part shall contain the following certification from a
Licensed Professional Engineer.
I certify under penalty of law that all activities that are the subject
of this plan, budget, or report were conducted under my
supervision or were conducted under the supervision of another
Licensed Professional Engineer or Licensed Professional Geologist
and reviewed by me; that this plan, budget, or report and all
attachments were prepared under my supervision; that, to the best
of my knowledge and belief, the work described in the plan,
budget, or report has been completed in accordance with the
Environmental Protection Act [415 ILCS 5], 35 Ill. Adm. Code
15
734, and generally accepted engineering practices or principles of
professional geology; and that the information presented is
accurate and complete. I am aware there are significant penalties
for submitting false statements or representations to the Agency,
including but not limited to fines, imprisonment, or both as
provided in Sections 44 and 57.17 of the Environmental Protection
Act [415 ILCS 5/44 and 57.17].
e)
Except in the case of sites subject to Section 734.715(d) of this Part,
reports documenting the completion of corrective action at a site must
contain a form addressing site ownership. At a minimum, the form shall
identify the land use limitations proposed for the site, if land use
limitations are proposed; the site’s common address, legal description, and
real estate tax/parcel index number; and the names and addresses of all
title holders of record of the site or any portion of the site. The form shall
also contain the following certification, by original signature, of all title
holders of record of the site or any portion of the site, or the agent(s) of
such person(s):
I hereby affirm that I have reviewed the attached report entitled
and dated
, and that I accept the terms and
conditions set forth therein, including any land use limitations, that
apply to property I own. I further affirm that I have no objection to
the recording of a No Further Remediation Letter containing the
terms and conditions identified in the report upon the property I
own.
SUBPART B: EARLY ACTION
Section 734.200
General
Owners and operators of underground storage tanks shall, in response to all
confirmed releases of petroleum, comply with all applicable statutory and regulatory
reporting and response requirements
. No work plan or corresponding budget shall be
required for conducting early action activities, excluding free product removal activities
conducted more than 45 days after confirmation of the presence of free product. [415
ILCS 5/57.6(a)]
Section 734.205
Agency Authority to Initiate
Pursuant to Sections 734.100 or 734.125 of this Part, the Agency shall have the authority
to require or initiate early action activities in accordance with the remainder of this
Subpart B.
Section 734.210
Early Action
16
a)
Upon confirmation of a release of petroleum from an UST system in
accordance with regulations promulgated by the OSFM, the owner or
operator, or both, shall perform the following initial response actions
within 24 hours after the release:
1)
Report the release to IEMA (e.g., by telephone or electronic mail);
2)
Take immediate action to prevent any further release of the
regulated substance to the environment; and
3)
Identify and mitigate fire, explosion and vapor hazards.
b)
Within 20 days after initial notification to IEMA of a release plus 14 days,
the owner or operator shall perform the following initial abatement
measures:
1)
Remove as much of the petroleum from the UST system as is
necessary to prevent further release into the environment;
2)
Visually inspect any aboveground releases or exposed below
ground releases and prevent further migration of the released
substance into surrounding soils and groundwater;
3)
Continue to monitor and mitigate any additional fire and safety
hazards posed by vapors or free product that have migrated from
the UST excavation zone and entered into subsurface structures
(such as sewers or basements);
4)
Remedy hazards posed by contaminated soils that are excavated or
exposed as a result of release confirmation, site investigation,
abatement or corrective action activities. If these remedies include
treatment or disposal of soils, the owner or operator shall comply
with 35 Ill. Adm. Code 722, 724, 725, and 807 through 815;
5)
Measure for the presence of a release where contamination is most
likely to be present at the UST site, unless the presence and source
of the release have been confirmed in accordance with regulations
promulgated by the OSFM. In selecting sample types, sample
locations, and measurement methods, the owner or operator shall
consider the nature of the stored substance, the type of backfill,
depth to groundwater and other factors as appropriate for
identifying the presence and source of the release; and
6)
Investigate to determine the possible presence of free product, and
begin removal of free product as soon as practicable and in
accordance with Section 734.215 of this Part.
17
c)
Within 20 days after initial notification to IEMA of a release plus 14 days,
the owner or operator shall submit a report to the Agency summarizing the
initial abatement steps taken under subsection (b) of this Section and any
resulting information or data.
d)
Within 45 days after initial notification to IEMA of a release plus 14 days,
the owner or operator shall assemble information about the site and the
nature of the release, including information gained while confirming the
release or completing the initial abatement measures in subsections (a) and
(b) of this Section. This information shall include, but is not limited to,
the following:
1)
Data on the nature and estimated quantity of release;
2)
Data from available sources or site investigations concerning the
following factors: surrounding populations, water quality, use and
approximate locations of wells potentially affected by the release,
subsurface soil conditions, locations of subsurface sewers,
climatological conditions and land use;
3)
Results of the site check required at subsection (b)(5) of this
Section; and
4)
Results of the free product investigations required at subsection
(b)(6) of this Section, to be used by owners or operators to
determine whether free product must be recovered under Section
734.215 of this Part.
e)
Within 45 days after initial notification to IEMA of a release plus 14 days,
the owner or operator shall submit to the Agency the information collected
in compliance with subsection (d) of this Section in a manner that
demonstrates its applicability and technical adequacy.
f)
Notwithstanding any other corrective action taken, an owner or operator
may, at a minimum, and prior to submission of any plans to the Agency,
remove the tank system, or abandon the underground storage tank in
place, in accordance with the regulations promulgated by the Office of the
State Fire Marshal
(see 41 Ill. Adm. Code 160, 170, 180, 200).
The
owner may remove visibly contaminated fill material and any
groundwater in the excavation which exhibits a sheen
.
For purposes of
payment of early action costs, however, fill material shall not be removed
in an amount in excess of 4 feet from the outside dimensions of the tank.
Early action may also include disposal in accordance with applicable
regulations or ex situ treatment of contaminated fill material removed
18
from within 4 feet from the outside dimensions of the tank. [415 ILCS
5/57.6(b)].
g)
For purposes of payment from the Fund, the activities set forth in
subsection (f) of this Section shall be performed within 45 days after
initial notification to IEMA of a release plus 14 days, unless special
circumstances, approved by the Agency in writing, warrant continuing
such activities beyond 45 days plus 14 days. The owner or operator shall
notify the Agency in writing of such circumstances within 45 days after
initial notification to IEMA of a release plus 14 days. Costs incurred
beyond 45 days plus 14 days shall be eligible if the Agency determines
that they are consistent with early action.
BOARD NOTE: Owners or operators seeking payment from the Fund are
to first notify IEMA of a suspected release and then confirm the release
within 14 days to IEMA pursuant to regulations promulgated by the
OSFM. See 41 Ill. Adm. Code 170.560 and 170.580. The Board is setting
the beginning of the payment period at subsection (g) to correspond to the
notification and confirmation to IEMA.
h)
The owner or operator shall determine whether the areas or locations of
soil contamination exposed as a result of early action excavation (e.g.,
excavation boundaries, piping runs) or surrounding USTs that remain in
place meet the most stringent Tier 1 remediation objectives of 35 Ill. Adm.
Code 742 for the applicable indicator contaminants.
1)
At a minimum, for each UST that is removed, the owner or
operator shall collect and analyze soil samples as follows:
A)
One sample shall be collected from each UST excavation
wall. The samples shall be collected from locations
representative of soil that is the most contaminated as a
result of the release. If an area of contamination cannot be
identified on a wall, the sample shall be collected from the
center of the wall length at a point located one-third of the
distance from the excavation floor to the ground surface.
For walls that exceed 20 feet in length, one sample shall be
collected for each 20 feet of wall length, or fraction thereof,
and the samples shall be evenly spaced along the length of
the wall.
B)
Two samples shall be collected from the excavation floor
below each UST with a volume of 1,000 gallons or more.
One sample shall be collected from the excavation floor
below each UST with a volume of less than 1,000 gallons.
The samples shall be collected from locations
19
representative of soil that is the most contaminated as a
result of the release. If areas of contamination cannot be
identified, the samples shall be collected from below each
end of the UST if its volume is 1,000 gallons or more, and
from below the center of the UST if its volume is less than
1,000 gallons.
C)
One sample shall be collected from the floor of each 20 feet
of UST piping run excavation, or fraction thereof. The
samples shall be collected from a location representative of
soil that is the most contaminated as a result of the release.
If an area of contamination cannot be identified within a
length of piping run excavation being sampled, the sample
shall be collected from the center of the length being
sampled. For UST piping abandoned in place, the samples
shall be collected in accordance with subsection (h)(2)(B)
of this Section.
D)
If backfill is returned to the excavation, one representative
sample of the backfill shall be collected for each UST with
a volume of less than 12,000 gallons and two representative
samples of the backfill shall be collected for each UST with
a volume of 12,000 gallons or more.
E)
The samples shall be analyzed for the applicable indicator
contaminants. In the case of a used oil UST, the sample
that appears to be the most contaminated as a result of a
release from the used oil UST shall be analyzed in
accordance with Section 734.405(g) of this Part to
determine the indicator contaminants for used oil. The
remaining samples collected pursuant to subsections
(h)(1)(A) and (B) of this Section shall then be analyzed for
the applicable used oil indicator contaminants.
2)
At a minimum, for each UST that remains in place, the owner or
operator shall collect and analyze soil samples as follows:
A)
One boring shall be drilled at the center point along each
side of each UST, or along each side of each cluster of
multiple USTs, remaining in place. If a side exceeds 20
feet in length, one boring shall be drilled for each 20 feet of
side length, or fraction thereof, and the borings shall be
evenly spaced along the side. The borings shall be drilled
in the native soil surrounding the UST(s) and as close
practicable to, but not more than five feet from, the backfill
material surrounding the UST(s). Each boring shall be
20
drilled to a depth of 30 feet, or until groundwater or
bedrock is encountered, whichever is less.
B)
Two borings, one on each side of the piping, shall be
drilled for every 20 feet of UST piping, or fraction thereof,
that remains in place. The borings shall be drilled as close
practicable to, but not more than five feet from, the
locations of suspected piping releases. If no release is
suspected within a length of UST piping being sampled, the
borings shall be drilled in the center of the length being
sampled. Each boring shall be drilled to a depth of 15 feet,
or until groundwater or bedrock is encountered, whichever
is less. For UST piping that is removed, samples shall be
collected from the floor of the piping run in accordance
with subsection (h)(1)(C) of this Section.
C)
If auger refusal occurs during the drilling of a boring
required under subsection (h)(2)(A) or (B) of this Section,
the boring shall be drilled in an alternate location that will
allow the boring to be drilled to the required depth. The
alternate location shall not be more than five feet from the
boring’s original location. If auger refusal occurs during
drilling of the boring in the alternate location, drilling of
the boring shall cease and the soil samples collected from
the location in which the boring was drilled to the greatest
depth shall be analyzed for the applicable indicator
contaminants.
D)
One soil sample shall be collected from each five-foot
interval of each boring required under subsections
(h)(2)(A) through (C) of this Section. Each sample shall be
collected from the location within the five-foot interval that
is the most contaminated as a result of the release. If an
area of contamination cannot be identified within a five-
foot interval, the sample shall be collected from the center
of the five-foot interval, provided, however, that soil
samples shall not be collected from soil below the
groundwater table. All samples shall be analyzed for the
applicable indicator contaminants.
3)
If the most stringent Tier 1 remediation objectives of 35 Ill. Adm.
Code 742 for the applicable indicator contaminants have been met,
and if none of the criteria set forth in subsections (h)(4)(A) through
(C) of this Section are met, within 30 days after the completion of
early action activities the owner or operator shall submit a report
21
demonstrating compliance with those remediation objectives. The
report shall include, but not be limited to, the following:
A)
A characterization of the site that demonstrates compliance
with the most stringent Tier 1 remediation objectives of 35
Ill. Adm. Code 742 for the applicable indicator
contaminants;
B)
Supporting documentation, including, but not limited to,
the following:
i)
A site map meeting the requirements of Section
734.440 of this Part that shows the locations of all
samples collected pursuant to this subsection (h);
ii)
Analytical results, chain of custody forms, and
laboratory certifications for all samples collected
pursuant to this subsection (h); and
iii)
A table comparing the analytical results of all
samples collected pursuant to this subsection (h) to
the most stringent Tier 1 remediation objectives of
35 Ill. Adm. Code 742 for the applicable indicator
contaminants; and
C)
A site map containing only the information required under
Section 734.440 of this Part.
4)
If the most stringent Tier 1 remediation objectives of 35 Ill. Adm.
Code 742 for the applicable indicator contaminants have not been
met, or if one or more of the following criteria are met, the owner
or operator shall continue in accordance with Subpart C of this
Part:
A)
There is evidence that groundwater wells have been
impacted by the release above the most stringent Tier 1
remediation objectives of 35 Ill. Adm. Code 742 for the
applicable indicator contaminants (e.g., as found during
release confirmation or previous corrective action
measures);
B)
Free product that may impact groundwater is found to need
recovery in compliance with Section 734.215 of this Part;
or
22
C)
There is evidence that contaminated soils may be or may
have been in contact with groundwater, unless:
i)
The owner or operator pumps the excavation or
tank cavity dry, properly disposes of all
contaminated water, and demonstrates to the
Agency that no recharge is evident during the 24
hours following pumping; and
ii)
The Agency determines that further groundwater
investigation is not necessary.
Section 734.215
Free Product Removal
a)
Under any circumstance in which conditions at a site indicate the presence
of free product, owners or operators shall remove free product exceeding
one-eighth of an inch in depth, or present as a sheen on groundwater in the
tank removal excavation or on surface water, while initiating or
continuing any actions required pursuant to this Part or other applicable
laws or regulations. In meeting the requirements of this Section, owners
or operators shall:
1)
Conduct free product removal in a manner that minimizes the
spread of contamination into previously uncontaminated zones by
using recovery and disposal techniques appropriate to the
hydrogeologic conditions at the site and that properly treats,
discharges or disposes of recovery byproducts in compliance with
applicable local, State, and federal regulations;
2)
Use abatement of free product migration as a minimum objective
for the design of the free product removal system;
3)
Handle any flammable products in a safe and competent manner to
prevent fires or explosions;
4)
Within 45 days after the confirmation of presence of free product
from a UST, prepare and submit to the Agency a free product
removal report. The report shall, at a minimum, provide the
following:
A)
The name of the persons responsible for implementing the
free product removal measures;
B)
The estimated quantity, type and thickness of free product
observed or measured in wells, boreholes, and excavations;
23
C)
The type of free product recovery system used;
D)
Whether any discharge will take place on-site or off-site
during the recovery operation and where this discharge will
be located;
E)
The type of treatment applied to, and the effluent quality
expected from, any discharge;
F)
The steps that have been or are being taken to obtain
necessary permits for any discharge;
G)
The disposition of the recovered free product;
H)
The steps taken to identify the source and extent of the free
product; and
I)
A schedule of future activities necessary to complete the
recovery of free product still exceeding one-eighth of an
inch in depth, or still present as a sheen on groundwater in
the tank removal excavation or on surface water. The
schedule shall include, but not be limited to, the submission
of plans and budgets required pursuant to subsections (c)
and (d) of this Section; and
5)
If free product removal activities are conducted more than 45 days
after confirmation of the presence of free product, submit free
product removal reports quarterly or in accordance with a schedule
established by the Agency.
b)
For purposes of payment from the Fund, owners or operators are not
required to obtain Agency approval for free product removal activities
conducted within 45 days after the confirmation of the presence of free
product.
c)
If free product removal activities will be conducted more than 45 days
after the confirmation of the presence of free product, the owner or
operator shall submit to the Agency for review a free product removal
plan. The plan shall be submitted with the free product removal report
required under subsection (a)(4) of this Section. Free product removal
activities conducted more than 45 days after the confirmation of the
presence of free product shall not be considered early action activities.
d)
Any owner or operator intending to seek payment from the Fund shall,
prior to conducting free product removal activities more than 45 days after
the confirmation of the presence of free product, submit to the Agency a
24
free product removal budget with the corresponding free product removal
plan. The budget shall include, but shall not be limited to, a copy of the
eligibility and deductibility determination of the OSFM and an estimate of
all costs associated with the development, implementation, and
completion of the free product removal plan, excluding handling charges.
The budget should be consistent with the eligible and ineligible costs
listed in Sections 734.625 and 734.630 of this Part and the maximum
payment amounts set forth in Subpart H of this Part. As part of the budget
the Agency may require a comparison between the costs of the proposed
method of free product removal and other methods of free product
removal.
e)
Upon the Agency’s approval of a free product removal plan, or as
otherwise directed by the Agency, the owner or operator shall proceed
with free product removal in accordance with the plan.
f)
Notwithstanding any requirement under this Part for the submission of a
free product removal plan or free product removal budget, an owner or
operator may proceed with free product removal in accordance with this
Section prior to the submittal or approval of an otherwise required free
product removal plan or budget. However, any such plan and budget shall
be submitted to the Agency for review and approval, rejection, or
modification in accordance with the procedures contained in Subpart E of
this Part prior to payment for any related costs or the issuance of a No
Further Remediation Letter.
BOARD NOTE: Owners or operators proceeding under subsection (f) of
this Section are advised that they may not be entitled to full payment from
the Fund. Furthermore, applications for payment must be submitted no
later than one year after the date the Agency issues a No Further
Remediation Letter. See Subpart F of this Part.
g)
If, following approval of any free product removal plan or associated
budget, an owner or operator determines that a revised plan or budget is
necessary in order to complete free product removal, the owner or
operator shall submit, as applicable, an amended free product removal
plan or associated budget to the Agency for review. The Agency shall
review and approve, reject, or require modification of the amended plan or
budget in accordance with Subpart E of this Part.
BOARD NOTE: Owners and operators are advised that the total payment
from the Fund for all free product removal plans and associated budgets
submitted by an owner or operator shall not exceed the amounts set forth
in Subpart H of this Part.
25
Section 734.220
Application for Payment of Early Action Costs
Owners or operators intending to seek payment for early action activities, excluding free
product removal activities conducted more than 45 days after confirmation of the
presence of free product, are not required to submit a corresponding budget. The
application for payment may be submitted to the Agency upon completion of the early
action activities in accordance with the requirements at Subpart F of this Part, excluding
free product removal activities conducted more than 45 days after confirmation of the
presence of free product. Applications for payment of free product removal activities
conducted more than 45 days after confirmation of the presence of free product may be
submitted upon completion of the free product removal activities.
SUBPART C: SITE INVESTIGATION AND CORRECTIVE ACTION
Section 734.300
General
Unless the owner or operator submits a report pursuant to Section 734.210(h)(3) of this
Part demonstrating that the most stringent Tier 1 remediation objectives of 35 Ill. Adm.
Code 742 for the applicable indicator contaminants have been met, the owner or operator
shall investigate the site, conduct corrective action, and prepare plans, budgets, and
reports in accordance with the requirements of this Subpart C.
Section 734.305
Agency Authority to Initiate
Pursuant to Sections 734.100 or 734.125 of this Part, the Agency shall have the authority
to require or initiate site investigation and corrective action activities in accordance with
the remainder of this Subpart C.
Section 734.310
Site Investigation – General
The investigation of the release shall proceed in three stages as set forth in this Section.
If, after the completion of any stage, the extent of the soil and groundwater contamination
exceeding the most stringent Tier 1 remediation objectives of 35 Ill. Adm. Code 742 for
the applicable indicator contaminants as a result of the release has been defined, the
owner or operator shall cease investigation and proceed with the submission of a site
investigation completion report in accordance with Section 734.330 of this Part.
a)
Prior to conducting site investigation activities pursuant to Section
734.315, 734.320, or 734.325 of this Part, the owner or operator shall
submit to the Agency for review a site investigation plan. The plan shall
be designed to satisfy the minimum requirements set forth in the
applicable section and to collect the information required to be reported in
the site investigation plan for the next stage of the site investigation, or in
the site investigation completion report, whichever is applicable.
26
b)
Any owner or operator intending to seek payment from the Fund shall,
prior to conducting any site investigation activities, submit to the Agency
a site investigation budget with the corresponding site investigation plan.
The budget shall include, but not be limited to, a copy of the eligibility
and deductibility determination of the OSFM and an estimate of all costs
associated with the development, implementation, and completion of the
site investigation plan, excluding handling charges and costs associated
with monitoring well abandonment. Costs associated with monitoring
well abandonment shall be included in the corrective action budget. Site
investigation budgets should be consistent with the eligible and ineligible
costs listed at Sections 734.625 and 734.630 of this Part and the maximum
payment amounts set forth in Subpart H of this Part. A budget for a Stage
1 site investigation shall consist of a certification signed by the owner or
operator, and by a Licensed Professional Engineer or Licensed
Professional Geologist, that the costs of the Stage 1 site investigation will
not exceed the amounts set forth in Subpart H of this Part.
c)
Upon the Agency’s approval of a site investigation plan, or as otherwise
directed by the Agency, the owner or operator shall conduct a site
investigation in accordance with the plan
[415 ILCS 5/57.7(a)(4)].
d)
If, following the approval of any site investigation plan or associated
budget, an owner or operator determines that a revised plan or budget is
necessary in order to determine, within the area addressed in the
applicable stage of the investigation, the nature, concentration, direction of
movement, rate of movement, and extent of the contamination, or the
significant physical features of the site and surrounding area that may
affect contaminant transport and risk to human health and safety and the
environment, the owner or operator shall submit, as applicable, an
amended site investigation plan or associated budget to the Agency for
review. The Agency shall review and approve, reject, or require
modification of the amended plan or budget in accordance with Subpart E
of this Part.
BOARD NOTE: Owners and operators are advised that the total payment
from the Fund for all site investigation plans and associated budgets
submitted by an owner or operator shall not exceed the amounts set forth
in Subpart H of this Part.
e)
Notwithstanding any requirement under this Part for the submission of a
site investigation plan or budget, an owner or operator may proceed to
conduct site investigation activities in accordance with this Subpart C
prior to the submittal or approval of an otherwise required site
investigation plan or budget. However, any such plan or budget shall be
submitted to the Agency for review and approval, rejection, or
modification in accordance with the procedures contained in Subpart E of
27
this Part prior to receiving payment for any related costs or the issuance of
a No Further Remediation Letter.
BOARD NOTE: Owners or operators proceeding under subsection (d) of
this Section are advised that they may not be entitled to full payment.
Furthermore, applications for payment must be submitted no later than one
year after the date the Agency issues a No Further Remediation Letter.
See Subpart F of this Part.
Section 734.315
Stage 1 Site Investigation
The Stage 1 site investigation shall be designed to gather initial information regarding the
extent of on-site soil and groundwater contamination that, as a result of the release,
exceeds the most stringent Tier 1 remediation objectives of 35 Ill. Adm. Code 742 for the
applicable indicator contaminants.
a)
The Stage 1 site investigation shall consist of the following:
1)
Soil investigation.
A)
One boring shall be drilled 15 feet out from the location of
each soil sample collected pursuant to Section
734.210(h)(1)(A) of this Part that exceeds the most
stringent Tier 1 remediation objectives of 35 Ill. Adm.
Code 742 for the applicable indicator contaminants. If a
boring cannot be drilled at a distance of 15 feet, it shall be
drilled at a lesser distance that is as close as practicable to
the 15-foot distance. Each boring shall be drilled to a depth
of 30 feet, or until groundwater or bedrock is encountered,
whichever is less.
B)
One boring shall be drilled as close as practicable to the
location of each soil sample collected pursuant to Section
734.210(h)(1)(B) of this Part that exceeds the most
stringent Tier 1 remediation objectives of 35 Ill. Adm.
Code 742 for the applicable indicator contaminants. Each
boring shall be drilled to a depth of 15 feet below the UST
excavation floor, or until groundwater or bedrock is
encountered, whichever is less.
C)
Three borings shall be drilled for each soil sample collected
pursuant to Section 734.210(h)(1)(C) of this Part that
exceeds the most stringent Tier 1 remediation objectives of
35 Ill. Adm. Code 742 for the applicable indicator
contaminants; one boring shall be drilled as close as
practicable to the location of the sample and two borings
28
shall be drilled 15 feet out from the location of the sample
(perpendicular to the piping run), in opposite directions
from each other. If a boring cannot be drilled at a distance
of 15 feet, it shall be drilled at a lesser distance that is as
close as practicable to the 15-foot distance. All three
borings shall be drilled to a depth of 15 feet below the
piping run excavation floor, or until groundwater or
bedrock is encountered, whichever is less.
D)
One boring shall drilled 15 feet out from the location of
each boring drilled pursuant to Section 734.210(h)(2)(A) of
this Part that produced one or more samples exceeding the
most stringent Tier 1 remediation objectives of 35 Ill. Adm.
Code 742 for the applicable indicator contaminants. If a
boring cannot be drilled at a distance of 15 feet, it shall be
drilled at a lesser distance that is as close as practicable to
the 15-foot distance. Each boring shall be drilled to a depth
of 30 feet, or until groundwater or bedrock is encountered,
whichever is less.
E)
One boring shall drilled 15 feet out from the location of
each boring drilled pursuant to Section 734.210(h)(2)(B) of
this Part that produced one or more samples exceeding the
most stringent Tier 1 remediation objectives of 35 Ill. Adm.
Code 742 for the applicable indicator contaminants. If a
boring cannot be drilled at a distance of 15 feet, it shall be
drilled at a lesser distance that is as close as practicable to
the 15-foot distance. Each boring shall be drilled to a depth
of 15 feet, or until groundwater or bedrock is encountered,
whichever is less.
F)
If auger refusal occurs during the drilling of a boring
required under subsection (a)(1) of this Section, the boring
shall be drilled in an alternate location that will allow the
boring to be drilled to the required depth. The alternate
location shall not be more than ten feet from the boring’s
original location. If auger refusal occurs during drilling of
the boring in the alternate location, drilling of the boring
shall cease and the soil samples collected from the location
in which the boring was drilled to the greatest depth shall
be analyzed for the applicable indicator contaminants.
G)
One soil sample shall be collected from each five-foot
interval of each boring required under subsection (a)(1) of
this Section. Each sample shall be collected from the
location within the five-foot interval that is the most
29
contaminated as a result of the release. If an area of
contamination cannot be identified within a five-foot
interval, the sample shall be collected from the center of the
five-foot interval. For borings required under subsection
(a)(1)(B) of this Section, soil samples shall be collected
only from soil located at or below the elevation of the UST
excavation floor, provided, however, that soil samples shall
not be collected from soil below the groundwater table. All
samples shall be analyzed for the applicable indicator
contaminants.
2)
Groundwater investigation.
A)
A groundwater investigation is required under the
following circumstances:
i)
There is evidence that groundwater wells have been
impacted by the release above the most stringent
Tier 1 remediation objectives of 35 Ill. Adm. Code
742 for the applicable indicator contaminants;
ii)
Free product that may impact groundwater is found
to need recovery in compliance with Section
734.215 of this Part; or
iii)
There is evidence that contaminated soils may be or
may have been in contact with groundwater, except
that, if the owner or operator pumps the excavation
or tank cavity dry, properly disposes of all
contaminated water, and demonstrates to the
Agency that no recharge is evident during the 24
hours following pumping, the owner or operator
does not have to complete a groundwater
investigation, unless the Agency’s review reveals
that further groundwater investigation is necessary.
B)
If a groundwater investigation is required, the owner or
operator shall install five groundwater monitoring wells.
One monitoring well shall be installed in the location
where groundwater contamination is most likely to be
present. The four remaining wells shall be installed at the
property boundary line or 200 feet from the UST system,
whichever is less, in opposite directions from each other.
The wells shall be installed in locations where they are
most likely to detect groundwater contamination resulting
30
from the release and provide information regarding the
groundwater gradient and direction of flow.
C)
If a soil sample collected pursuant to Section 734.210(h) of
this Part, other than a soil sample collected pursuant to
Section 734.210(h)(1)(B), exceeds the most stringent Tier 1
remediation objectives of 35 Ill. Adm. Code 742 for the
applicable indicator contaminants, soil samples shall be
collected from the monitoring well installation boring
drilled pursuant to subsection (a)(2)(B) of this Section that
is located beyond the soil sample collected pursuant to
Section 734.210(h) of this Part that exceeds objectives.
The soil samples shall be collected from the five-foot
intervals identified in subsections (i), (ii), and (iii) of this
subsection (a)(2)(C). Each sample shall be collected from
the location within a five-foot interval that is the most
contaminated as a result of the release. If an area of
contamination cannot be identified within a five-foot
interval, the sample shall be collected from the center of the
five-foot interval, provided, however, that soil samples
shall not be collected from soil below the groundwater
table. All samples shall be analyzed for the applicable
indicator contaminants.
i)
One sample shall be collected from the five-foot
interval intersecting the elevation of the soil sample
collected pursuant to Section 734.210(h) of this Part
that exceeds the most stringent Tier 1 remediation
objectives of 35 Ill. Adm. Code 742 for the
applicable indicator contaminants.
ii)
One sample shall be collected from the five-foot
interval immediately above the five-foot interval
identified in subsection (a)(2)(C)(i) of this Section;
and
iii)
One sample shall be collected from the five-foot
interval immediately below the five-foot interval
identified in subsection (a)(2)(C)(i) of this Section.
D)
Following the installation of the groundwater monitoring
wells, groundwater samples shall be collected from each
well and analyzed for the applicable indicator
contaminants.
31
3)
An initial water supply well survey in accordance with Section
734.445(a) of this Part.
b)
The Stage 1 site investigation plan shall consist of a certification signed by
the owner or operator, and by a Licensed Professional Engineer or
Licensed Professional Geologist, that the Stage 1 site investigation will be
conducted in accordance with this Section.
c)
If none of the samples collected as part of the Stage 1 site investigation
exceed the most stringent Tier 1 remediation objectives of 35 Ill. Adm.
Code 742 for the applicable indicator contaminants, the owner or operator
shall cease site investigation and proceed with the submission of a site
investigation completion report in accordance with Section 734.330 of this
Part. If one or more of the samples collected as part of the Stage 1 site
investigation exceed the most stringent Tier 1 remediation objectives of 35
Ill. Adm. Code 742 for the applicable indicator contaminants, within 30
days after completing the Stage 1 site investigation the owner or operator
shall submit to the Agency for review a Stage 2 site investigation plan in
accordance with Section 734.320 of this Part.
Section 734.320
Stage 2 Site Investigation
The Stage 2 site investigation shall be designed to complete the identification of the
extent of soil and groundwater contamination at the site that, as a result of the release,
exceeds the most stringent Tier 1 remediation objectives of 35 Ill. Adm. Code 742 for the
applicable indicator contaminants. The investigation of any off-site contamination shall
be conducted as part of the Stage 3 site investigation.
a)
The Stage 2 site investigation shall consist of the following:
1)
The additional drilling of soil borings and collection of soil
samples necessary to identify the extent of soil contamination at
the site that exceeds the most stringent Tier 1 remediation
objectives of 35 Ill. Adm. Code 742 for the applicable indicator
contaminants. Soil samples shall be collected in appropriate
locations and at appropriate depths, based upon the results of the
soil sampling and other investigation activities conducted to date,
provided, however, that soil samples shall not be collected below
the groundwater table. All samples shall be analyzed for the
applicable indicator contaminants; and
2)
The additional installation of groundwater monitoring wells and
collection of groundwater samples necessary to identify the extent
of groundwater contamination at the site that exceeds the most
stringent Tier 1 remediation objectives of 35 Ill. Adm. Code 742
for the applicable indicator contaminants. If soil samples are
32
collected from a monitoring well boring, the samples shall be
collected in appropriate locations and at appropriate depths, based
upon the results of the soil sampling and other investigation
activities conducted to date, provided, however, that soil samples
shall not be collected below the groundwater table. All samples
shall be analyzed for the applicable indicator contaminants.
b)
The Stage 2 site investigation plan shall include, but not be limited to, the
following:
1)
An executive summary of Stage 1 site investigation activities and
actions proposed in the Stage 2 site investigation plan to complete
the identification of the extent of soil and groundwater
contamination at the site that exceeds the most stringent Tier 1
remediation objectives of 35 Ill. Adm. Code 742 for the applicable
indicator contaminants;
2)
A characterization of the site and surrounding area, including, but
not limited to, the following:
A)
The current and post-remediation uses of the site and
surrounding properties; and
B)
The physical setting of the site and surrounding area
including, but not limited to, features relevant to
environmental, geographic, geologic, hydrologic,
hydrogeologic, and topographic conditions;
3)
The results of the Stage 1 site investigation, including but not
limited to the following:
A)
One or more site maps meeting the requirements of Section
734.440 that show the locations of all borings and
groundwater monitoring wells completed to date, and the
groundwater flow direction;
B)
One or more site maps meeting the requirements of Section
734.440 that show the locations of all samples collected to
date and analyzed for the applicable indicator
contaminants;
C)
One or more site maps meeting the requirements of Section
734.440 that show the extent of soil and groundwater
contamination at the site that exceeds the most stringent
Tier 1 remediation objectives of 35 Ill. Adm. Code 742 for
the applicable indicator contaminants;
33
D)
One or more cross-sections of the site that show the
geology of the site and the horizontal and vertical extent of
soil and groundwater contamination at the site that exceeds
the most stringent Tier 1 remediation objectives of 35 Ill.
Adm. Code 742 for the applicable indicator contaminants;
E)
Analytical results, chain of custody forms, and laboratory
certifications for all samples analyzed for the applicable
indicator contaminants as part of the Stage 1 site
investigation;
F)
One or more tables comparing the analytical results of the
samples collected to date to the most stringent Tier 1
remediation objectives of 35 Ill. Adm. Code 742 for the
applicable indicator contaminants;
G)
Water supply well survey documentation required pursuant
to Section 734.445(d) of this Part for water supply well
survey activities conducted as part of the Stage 1 site
investigation; and
H)
For soil boring logs and groundwater monitoring wells
installed as part of the Stage 1 site investigation, soil boring
logs and monitoring well construction diagrams meeting
the requirements of Sections 734.425 and 734.430 of this
Part; and
4)
A Stage 2 sampling plan that includes, but shall not be limited to,
the following:
A)
A narrative justifying the activities proposed as part of the
Stage 2 site investigation;
B)
A map depicting the location of additional soil borings and
groundwater monitoring wells proposed to complete the
identification of the extent of soil and groundwater
contamination at the site that exceeds the most stringent
Tier 1 remediation objectives of 35 Ill. Adm. Code 742 for
the applicable indicator contaminants; and
C)
The depth and construction details of the proposed soil
borings and groundwater monitoring wells.
c)
If the owner or operator proposes no site investigation activities in the
Stage 2 site investigation plan and none of the applicable indicator
34
contaminants that exceed the most stringent Tier 1 remediation objectives
of 35 Ill. Adm. Code 742 as a result of the release extend beyond the site’s
property boundaries, upon submission of the Stage 2 site investigation
plan the owner or operator shall cease site investigation and proceed with
the submission of a site investigation completion report in accordance
with Section 734.330 of this Part. If the owner or operator proposes no
site investigation activities in the Stage 2 site investigation plan and
applicable indicator contaminants that exceed the most stringent Tier 1
remediation objectives of 35 Ill. Adm. Code 742 as a result of the release
extend beyond the site’s property boundaries, within 30 days after the
submission of the Stage 2 site investigation plan the owner or operator
shall submit to the Agency for review a Stage 3 site investigation plan in
accordance with Section 734.325 of this Part.
d)
If the results of a Stage 2 site investigation indicate that none of the
applicable indicator contaminants that exceed the most stringent Tier 1
remediation objectives of 35 Ill. Adm. Code 742 as a result of the release
extend beyond the site’s property boundaries, upon completion of the
Stage 2 site investigation the owner or operator shall cease site
investigation and proceed with the submission of a site investigation
completion report in accordance with Section 734.330 of this Part. If the
results of the Stage 2 site investigation indicate that applicable indicator
contaminants that exceed the most stringent Tier 1 remediation objectives
of 35 Ill. Adm. Code 742 as a result of the release extend beyond the site’s
property boundaries, within 30 days after the completion of the Stage 2
site investigation the owner or operator shall submit to the Agency for
review a Stage 3 site investigation plan in accordance with Section
734.325 of this Part.
Section 734.325
Stage 3 Site Investigation
The Stage 3 site investigation shall be designed to identify the extent of off-site soil and
groundwater contamination that, as a result of the release, exceeds the most stringent Tier
1 remediation objectives of 35 Ill. Adm. Code 742 for the applicable indicator
contaminants.
a)
The Stage 3 site investigation shall consist of the following:
1)
The drilling of soil borings and collection of soil samples
necessary to identify the extent of soil contamination beyond the
site’s property boundaries that exceeds the most stringent Tier 1
remediation objectives of 35 Ill. Adm. Code 742 for the applicable
indicator contaminants. Soil samples shall be collected in
appropriate locations and at appropriate depths, based upon the
results of the soil sampling and other investigation activities
conducted to date, provided, however, that soil samples shall not
35
be collected below the groundwater table. All samples shall be
analyzed for the applicable indicator contaminants; and
2)
The installation of groundwater monitoring wells and collection of
groundwater samples necessary to identify the extent of
groundwater contamination beyond the site’s property boundaries
that exceeds the most stringent Tier 1 remediation objectives of 35
Ill. Adm. Code 742 for the applicable indicator contaminants. If
soil samples are collected from a monitoring well boring, the
samples shall be collected in appropriate locations and at
appropriate depths, based upon the results of the soil sampling and
other investigation activities conducted to date, provided, however,
that soil samples shall not be collected below the groundwater
table. All samples shall be analyzed for the applicable indicator
contaminants.
b)
The Stage 3 site investigation plan shall include, but not be limited to, the
following:
1)
An executive summary of Stage 2 site investigation activities and
actions proposed in the Stage 3 site investigation plan to identify
the extent of soil and groundwater contamination beyond the site’s
property boundaries that exceeds the most stringent Tier 1
remediation objectives of 35 Ill. Adm. Code 742 for the applicable
indicator contaminants;
2)
The results of the Stage 2 site investigation, including but not
limited to the following:
A)
One or more site maps meeting the requirements of Section
734.440 that show the locations of all borings and
groundwater monitoring wells completed as part of the
Stage 2 site investigation;
B)
One or more site maps meeting the requirements of Section
734.440 that show the locations of all groundwater
monitoring wells completed to date, and the groundwater
flow direction;
C)
One or more site maps meeting the requirements of Section
734.440 that show the extent of soil and groundwater
contamination at the site that exceeds the most stringent
Tier 1 remediation objectives of 35 Ill. Adm. Code 742 for
the applicable indicator contaminants;
36
D)
One or more cross-sections of the site that show the
geology of the site and the horizontal and vertical extent of
soil and groundwater contamination at the site that exceeds
the most stringent Tier 1 remediation objectives of 35 Ill.
Adm. Code 742 for the applicable indicator contaminants;
E)
Analytical results, chain of custody forms, and laboratory
certifications for all samples analyzed for the applicable
indicator contaminants as part of the Stage 2 site
investigation;
F)
One or more tables comparing the analytical results of the
samples collected to date to the most stringent Tier 1
remediation objectives of 35 Ill. Adm. Code 742 for the
applicable indicator contaminants; and
G)
For soil boring logs and groundwater monitoring wells
installed as part of the Stage 2 site investigation, soil boring
logs and monitoring well construction diagrams meeting
the requirements of Sections 734.425 and 734.430 of this
Part; and
3)
A Stage 3 sampling plan that includes, but shall not be limited to,
the following:
A)
A narrative justifying the activities proposed as part of the
Stage 3 site investigation;
B)
A map depicting the location of soil borings and
groundwater monitoring wells proposed to identify the
extent of soil and groundwater contamination beyond the
site’s property boundaries that exceeds the most stringent
Tier 1 remediation objectives of 35 Ill. Adm. Code 742 for
the applicable indicator contaminants; and
C)
The depth and construction details of the proposed soil
borings and groundwater monitoring wells.
c)
Upon completion of the Stage 3 site investigation the owner or operator
shall proceed with the submission of a site investigation completion report
that meets the requirements of Section 734.330 of this Part.
Section 734.330
Site Investigation Completion Report
Within 30 days after completing the site investigation, the owner or operator shall submit
to the Agency for approval a site investigation completion report
[415 ILCS
37
5/57.7(a)(5)]. At a minimum, a site investigation completion report shall contain the
following:
a)
A history of the site with respect to the release;
b)
A description of the site, including but not limited to the following:
1)
General site information, including but not limited to the site’s and
surrounding area’s regional location; geography, hydrology,
geology, hydrogeology, and topography; existing and potential
migration pathways and exposure routes; and current and post-
remediation uses;
2)
One or more maps meeting the requirements of Section 734.440
that show the locations of all borings and groundwater monitoring
wells completed as part of site investigation, and the groundwater
flow direction;
3)
One or more maps showing the horizontal extent of soil and
groundwater contamination exceeding the most stringent Tier 1
remediation objectives of 35 Ill. Adm. Code 742 for the applicable
indicator contaminants;
4)
One or more map cross-sections showing the horizontal and
vertical extent of soil and groundwater contamination exceeding
the most stringent Tier 1 remediation objectives of 35 Ill. Adm.
Code 742 for the applicable indicator contaminants;
5)
Soil boring logs and monitoring well construction diagrams
meeting the requirements of Sections 734.425 and 734.430 of this
Part for all borings drilled and all groundwater monitoring wells
installed as part of site investigation;
6)
Analytical results, chain of custody forms, and laboratory
certifications for all samples analyzed for the applicable indicator
contaminants as part of site investigation;
7)
A table comparing the analytical results of samples collected as
part of site investigation to the most stringent Tier 1 remediation
objectives of 35 Ill. Adm. Code 742 for the applicable indicator
contaminants; and
8)
The water supply well survey documentation required pursuant to
Section 734.445(d) of this Part for water supply well survey
activities conducted as part of site investigation; and
38
c)
A conclusion that includes, but is not limited to, an assessment of the
sufficiency of the data in the report.
Section 734.335
Corrective Action Plan
a)
If any of the applicable indicator contaminants exceed the
most stringent
Tier 1 remediation objectives of 35 Ill. Adm. Code 742 for the applicable
indicator contaminants
, within 30 days after the Agency approves the site
investigation completion report
,
the owner or operator shall submit to the
Agency for approval a corrective action plan designed to mitigate any
threat to human health, human safety, or the environment resulting from
the underground storage tank release.
[415 ILCS 5/57.7(b)(2)]. The
corrective action plan shall address all media impacted by the UST release
and shall contain, at a minimum, the following information:
1)
An executive summary that identifies the objectives of the
corrective action plan and the technical approach to be utilized to
meet such objectives. At a minimum, the summary shall include
the following information:
A)
The major components (e.g., treatment, containment,
removal) of the corrective action plan;
B)
The scope of the problems to be addressed by the proposed
corrective action, including but not limited to the specific
indicator contaminants and the physical area; and
C)
A schedule for implementation and completion of the plan;
2)
A statement of the remediation objectives proposed for the site;
3)
A description of the remedial technologies selected and how each
fits into the overall corrective action strategy, including but not
limited to the following:
A)
The feasibility of implementing the remedial technologies;
B)
Whether the remedial technologies will perform
satisfactorily and reliably until the remediation objectives
are achieved;
C)
A schedule of when the remedial technologies are expected
to achieve the applicable remediation objectives and a
rationale for the schedule; and
39
D)
For alternative technologies, the information required
under Section 734.340 of this Part;
4)
A confirmation sampling plan that describes how the effectiveness
of the corrective action activities will be monitored or measured
during their implementation and after their completion;
5)
A description of the current and projected future uses of the site;
6)
A description of any engineered barriers or institutional controls
proposed for the site that will be relied upon to achieve
remediation objectives. The description shall include, but is not
limited to, an assessment of their long-term reliability and
operating and maintenance plans;
7)
A description of water supply well survey activities required
pursuant to Sections 734.445(b) and (c) of this Part that were
conducted as part of site investigation; and
8)
Appendices containing references and data sources relied upon in
the report that are organized and presented logically, including but
not limited to field logs, well logs, and reports of laboratory
analyses.
b)
Any owner or operator intending to seek payment from the Fund shall,
prior to conducting any corrective action activities beyond site
investigation, submit to the Agency a corrective action budget with the
corresponding corrective action plan. The budget shall include, but shall
not be limited to, a copy of the eligibility and deductibility determination
of the OSFM and an estimate of all costs associated with the development,
implementation, and completion of the corrective action plan, excluding
handling charges. The budget should be consistent with the eligible and
ineligible costs listed at Sections 734.625 and 734.630 of this Part and the
maximum payment amounts set forth in Subpart H of this Part. As part of
the budget the Agency may require a comparison between the costs of the
proposed method of remediation and other methods of remediation.
c)
Upon the Agency’s approval of a corrective action plan, or as otherwise
directed by the Agency, the owner or operator shall proceed with
corrective action in accordance with the plan
[415 ILCS 5/57.7(b)(4)].
d)
Notwithstanding any requirement under this Part for the submission of a
corrective action plan or corrective action budget, except as provided at
Section 734.340 of this Part, an owner or operator may proceed to conduct
corrective action activities in accordance with this Subpart C prior to the
submittal or approval of an otherwise required corrective action plan or
40
budget. However, any such plan and budget shall be submitted to the
Agency for review and approval, rejection, or modification in accordance
with the procedures contained in Subpart E of this Part prior to payment
for any related costs or the issuance of a No Further Remediation Letter.
BOARD NOTE: Owners or operators proceeding under subsection (d) of
this Section are advised that they may not be entitled to full payment from
the Fund. Furthermore, applications for payment must be submitted no
later than one year after the date the Agency issues a No Further
Remediation Letter. See Subpart F of this Part.
e)
If, following approval of any corrective action plan or associated budget,
an owner or operator determines that a revised plan or budget is necessary
in order to mitigate any threat to human health, human safety, or the
environment resulting from the underground storage tank release, the
owner or operator shall submit, as applicable, an amended corrective
action plan or associated budget to the Agency for review. The Agency
shall review and approve, reject, or require modification of the amended
plan or budget in accordance with Subpart E of this Part.
BOARD NOTE: Owners and operators are advised that the total payment
from the Fund for all corrective action plans and associated budgets
submitted by an owner or operator shall not exceed the amounts set forth
in Subpart H of this Part.
Section 734.340
Alternative Technologies
a)
An owner or operator may choose to use an alternative technology for
corrective action in response to a release. Corrective action plans
proposing the use of alternative technologies shall be submitted to the
Agency in accordance with Section 734.335 of this Part. In addition to the
requirements for corrective action plans contained in Section 734.335, the
owner or operator who seeks approval of an alternative technology shall
submit documentation along with the corrective action plan demonstrating
that:
1)
The proposed alternative technology has a substantial likelihood of
successfully achieving compliance with all applicable regulations
and remediation objectives necessary to comply with the Act and
regulations and to protect human health and safety and the
environment;
2)
The proposed alternative technology will not adversely affect
human health and safety or the environment;
41
3)
The owner or operator will obtain all Agency permits necessary to
legally authorize use of the alternative technology;
4)
The owner or operator will implement a program to monitor
whether the requirements of subsection (a)(1) of this Section have
been met; and
5)
Within one year from the date of Agency approval the owner or
operator will provide to the Agency monitoring program results
establishing whether the proposed alternative technology will
successfully achieve compliance with the requirements of
subsection (a)(1) of this Section and any other applicable
regulations. The Agency may require interim reports as necessary
to track the progress of the alternative technology. The Agency
will specify in the approval when those interim reports shall be
submitted to the Agency.
b)
An owner or operator intending to seek payment for costs associated with
the use of an alternative technology shall submit a corresponding budget
in accordance with Section 734.335 of this Part. In addition to the
requirements for a corrective action budget at Section 734.335 of this Part,
the budget must demonstrate that the cost of the alternative technology
will not exceed the cost of conventional technology and is not
substantially higher than other available alternative technologies.
c)
If an owner or operator has received approval of a corrective action plan
and associated budget from the Agency prior to implementing the plan and
the alternative technology fails to satisfy the requirements of subsection
(a)(1) or (a)(2) of this Section, such failure shall not make the owner or
operator ineligible to seek payment for the activities associated with the
subsequent performance of a corrective action using conventional
technology. However, in no case shall the total payment for the site
exceed the statutory maximums. Owners or operators implementing
alternative technologies without obtaining pre-approval shall be ineligible
to seek payment for the subsequent performance of a corrective action
using conventional technology.
d)
The Agency may require remote monitoring of an alternative technology.
The monitoring may include, but shall not be limited to, monitoring the
alternative technology’s operation and progress in achieving the
applicable remediation objectives.
Section 734.345
Corrective Action Completion Report
a)
Within 30 days after the completion of a corrective action plan that
achieves applicable remediation objectives the owner or operator shall
42
submit to the Agency for approval a corrective action completion report.
The report shall demonstrate whether corrective action was completed in
accordance with the approved corrective action plan and whether the
remediation objectives approved for the site, as well as any other
requirements of the plan, have been achieved
[415 ILCS 57.7(b)(5)]. At a
minimum, the report shall contain the following information:
1)
An executive summary that identifies the overall objectives of the
corrective action and the technical approach utilized to meet those
objectives. At a minimum, the summary shall contain the
following information:
A)
A brief description of the site, including but not limited to a
description of the release, the applicable indicator
contaminants, the contaminated media, and the extent of
soil and groundwater contamination that exceeded the most
stringent Tier 1 remediation objectives of 35 Ill. Adm.
Code 742 for the applicable indicator contaminants;
B)
The major components (e.g., treatment, containment,
removal) of the corrective action;
C)
The scope of the problems corrected or mitigated by the
corrective action; and
D)
The anticipated post-corrective action uses of the site and
areas immediately adjacent to the site;
2)
A description of the corrective action activities conducted,
including but not limited to the following:
A)
A narrative description of the field activities conducted as
part of corrective action;
B)
A narrative description of the remedial actions
implemented at the site and the performance of each
remedial technology utilized;
C)
Documentation of sampling activities conducted as part of
corrective action, including but not limited to the
following:
i)
Sample collection information, including but not
limited to the sample collector’s name, the date and
time of sample collection, the collection method,
and the sample location;
43
ii)
Sample preservation and shipment information,
including but not limited to field quality control;
iii)
Analytical procedure information, including but not
limited to the method detection limits and the
practical quantitation limits;
iv)
Chain of custody and control; and
v)
Field and lab blanks; and
D)
Soil boring logs and monitoring well construction diagrams
meeting the requirements of Sections 734.425 and 734.430
of this Part for all borings drilled and all groundwater
monitoring wells installed as part of corrective action;
3)
A narrative description of any special conditions relied upon as
part of corrective action, including but not limited to information
regarding the following:
A)
Engineered barriers utilized in accordance with 35 Ill.
Adm. Code 742 to achieve the approved remediation
objectives;
B)
Institutional controls utilized in accordance with 35 Ill.
Adm. Code 742 to achieve the approved remediation
objectives, including but not limited to a legible copy of
any such controls;
C)
Other conditions, if any, necessary for protection of human
health and safety and the environment that are related to the
issuance of a No Further Remediation Letter; and
D)
Any information required pursuant to Section 734.350 of
this Part regarding off-site access;
4)
An analysis of the effectiveness of the corrective action that
compares the confirmation sampling results to the remediation
objectives approved for the site. The analysis shall present the
remediation objectives in an appropriate format (e.g., tabular and
graphical displays) such that the information is organized and
presented logically and the relationships between the different
investigations for each medium are apparent;
44
5)
A conclusion that identifies the success in meeting the remediation
objectives approved for the site, including but not limited to an
assessment of the accuracy and completeness of the data in the
report;
6)
Appendices containing references and data sources relied upon in
the report that are organized and presented logically, including but
not limited to field logs, well logs, and reports of laboratory
analyses;
7)
The water supply well survey documentation required pursuant to
Section 734.445(d) of this Part for water supply well survey
activities conducted as part of corrective action; and
8)
A site map containing only the information required under Section
734.440 of this Part. The site map shall also show any engineered
barriers utilized to achieve remediation objectives.
b)
The owner or operator is not required to perform remedial action on an
off-site property, even where complete performance of a corrective action
plan would otherwise require such off-site action, if the Agency
determines that the owner or operator is unable to obtain access to the
property despite the use of best efforts in accordance with the
requirements of Section 734.350 of this Part.
Section 734.350
Off-site Access
a)
An owner or operator seeking to comply with the best efforts requirements
of Section 734.345(b) of this Part must demonstrate compliance with the
requirements of this Section.
b)
In conducting best efforts to obtain off-site access, an owner or operator
must, at a minimum, send a letter by certified mail to the owner of any off-
site property to which access is required, stating:
1)
Citation to Title XVI of the Act stating the legal responsibility of
the owner or operator to remediate the contamination caused by
the release;
2)
That, if the property owner denies access to the owner or operator,
the owner or operator may seek to gain entry by a court order
pursuant to Section 22.2c of the Act;
3)
That, in performing the requested investigation, the owner or
operator will work so as to minimize any disruption on the
45
property, will maintain, or its consultant will maintain, appropriate
insurance and will repair any damage caused by the investigation;
4)
If contamination results from a release by the owner or operator,
the owner or operator will conduct all associated remediation at its
own expense;
5)
That threats to human health and the environment and diminished
property value may result from failure to remediate contamination
from the release; and
6)
A reasonable time to respond to the letter, not less than 30 days.
c)
An owner or operator, in demonstrating that the requirements of this
Section have been met, must provide to the Agency, as part of the
corrective action completion report, the following documentation:
1)
A sworn affidavit, signed by the owner or operator, identifying the
specific off-site property involved by address, the measures
proposed in the corrective action plan that require off-site access,
and the efforts taken to obtain access, and stating that the owner or
operator has been unable to obtain access despite the use of best
efforts; and
2)
A copy of the certified letter sent to the owner of the off-site
property pursuant to subsection (b) of this Section.
d)
In determining whether the efforts an owner or operator has made
constitute best efforts to obtain access, the Agency must consider the
following factors:
1)
The physical and chemical characteristics, including toxicity,
persistence and potential for migration, of applicable indicator
contaminants at the property boundary line;
2)
The hydrogeological characteristics of the site and the surrounding
area, including the attenuation capacity and saturation limits of the
soil at the property boundary line;
3)
The nature and extent of known contamination at the site,
including the levels of applicable indicator contaminants at the
property boundary line;
4)
The potential effects of residual contamination on nearby surface
water and groundwater;
46
5)
The proximity, quality and current and future uses of nearby
surface water and groundwater, including regulated recharge areas,
wellhead protection areas, and setback zones of a potable water
supply wells;
6)
Any known or suspected natural or man-made migration pathways
existing in or near the suspected area of off-site contamination;
7)
The nature and use of the part of the off-site property that is the
suspected area of contamination;
8)
Any existing on-site engineered barriers or institutional controls
that might have an impact on the area of suspected off-site
contamination, and the nature and extent of such impact; and
9)
Any other applicable information assembled in compliance with
this Part.
e)
The Agency shall issue a No Further Remediation Letter to an owner or
operator subject to this Section and otherwise entitled to such issuance
only if the owner or operator has, in accordance with this Section, either
completed any requisite off-site corrective action or demonstrated to the
Agency’s satisfaction an inability to obtain off-site access despite best
efforts.
f)
The owner or operator is not relieved of responsibility to clean up a
release that has migrated beyond the property boundary even where off-
site access is denied.
Section 734.355
Status Report
a)
If within 4 years after the approval of any corrective action plan the
applicable remediation objectives have not been achieved and the owner
or operator has not submitted a corrective action completion report, the
owner or operator must submit a status report for Agency review. The
status report must include, but is not limited to, a description of the
remediation activities taken to date, the effectiveness of the method of
remediation being used, the likelihood of meeting the applicable
remediation objectives using the current method of remediation, and the
date the applicable remediation objectives are expected to be achieved
[415 ILCS 5/57.7(b)(6)].
b)
If the Agency determines any approved corrective action plan will not
achieve applicable remediation objectives within a reasonable time, based
upon the method of remediation and site specific circumstances, the
Agency may require the owner or operator to submit to the Agency for
47
approval a revised corrective action plan. If the owner or operator
intends to seek payment from the Fund, the owner or operator must also
submit a revised budget
[415 ILCS 5/57.7(b)(7)]. The revised corrective
action plan and any associated budget shall be submitted in accordance
with Section 734.335 of this Part.
c)
Any action by the Agency to require a revised corrective action plan
pursuant to subsection (b) of this Section shall be subject to appeal to the
Board within 35 days after the Agency’s final action in the manner
provided for the review of permit decisions in Section 40 of the Act.
SUBPART D: MISCELLANEOUS PROVISIONS
Section 734.400
General
This Subpart D applies to all activities conducted under this Part and all plans, budgets,
reports, and other documents submitted under this Part.
Section 734.405
Indicator Contaminants
a)
For purposes of this Part, the term “indicator contaminants” shall mean the
parameters identified in subsections (b) through (i) of this Section.
b)
For gasoline, including but not limited to leaded, unleaded, premium and
gasohol, the indicator contaminants shall be benzene, ethylbenzene,
toluene, total xylenes, and methyl tertiary butyl ether (MTBE), except as
provided in subsection (h) of this Section. For leaded gasoline, lead shall
also be an indicator contaminant.
c)
For aviation turbine fuels, jet fuels, diesel fuels, gas turbine fuel oils,
heating fuel oils, illuminating oils, kerosene, lubricants, liquid asphalt and
dust laying oils, cable oils, crude oil, crude oil fractions, petroleum
feedstocks, petroleum fractions, and heavy oils, the indicator contaminants
shall be benzene, ethylbenzene, toluene, total xylenes, and the polynuclear
aromatics listed in Section 734.Appendix B of this Part. For leaded
aviation turbine fuels, lead shall also be an indicator contaminant.
d)
For transformer oils the indicator contaminants shall be benzene,
ethylbenzene, toluene, total xylenes, and the polynuclear aromatics and
the polychlorinated biphenyl parameters listed in Section 734.Appendix B
of this Part.
e)
For hydraulic fluids the indicator contaminants shall be benzene,
ethylbenzene, toluene, total xylenes, the polynuclear aromatics listed in
Section 734.Appendix B of this Part, and barium.
48
f)
For petroleum spirits, mineral spirits, Stoddard solvents, high-flash
aromatic naphthas, moderately volatile hydrocarbon solvents, and
petroleum extender oils, the indicator contaminants shall be the volatile,
base/neutral and polynuclear aromatic parameters listed in Section
734.Appendix B of this Part. The Agency may add degradation products
or mixtures of any of the above pollutants in accordance with 35 Ill. Adm.
Code 620.615.
g)
For used oil, the indicator contaminants shall be determined by the results
of a used oil soil sample analysis. In accordance with Section 734.210(h)
of this Part, soil samples shall be collected from the walls and floor of the
used oil UST excavation if the UST is removed, or from borings drilled
along each side of the used oil UST if the UST remains in place. The
sample that appears to be the most contaminated as a result of a release
from the used oil UST shall then be analyzed for the following parameters.
If none of the samples appear to be contaminated a soil sample shall be
collected from the floor of the used oil UST excavation below the former
location of the UST if the UST is removed, or from soil located at the
same elevation as the bottom of the used oil UST if the UST remains in
place, and analyzed for the following parameters:
1)
All volatile, base/neutral, polynuclear aromatic, and metal
parameters listed at Section 734.Appendix B of this Part and any
other parameters the Licensed Professional Engineer or Licensed
Professional Geologist suspects may be present based on UST
usage. The Agency may add degradation products or mixtures of
any of the above pollutants in accordance with 35 Ill. Adm. Code
620.615.
2)
The used oil indicator contaminants shall be those volatile,
base/neutral, and metal parameters listed at Section 734.Appendix
B of this Part or as otherwise identified at subsection (g)(1) of this
Section that exceed their remediation objective at 35 Ill. Adm.
Code 742 in addition to benzene, ethylbenzene, toluene, total
xylenes, and polynuclear aromatics listed in Section 734.Appendix
B of this Part.
3)
If none of the parameters exceed their remediation objective, the
used oil indicator contaminants shall be benzene, ethylbenzene,
toluene, total xylenes, and the polynuclear aromatics listed in
Section 734.Appendix B of this Part.
h)
Unless an owner or operator elects otherwise pursuant to subsection (i) of
this Section, the term “indicator contaminants” shall not include MTBE
for any release reported to the Illinois Emergency Management Agency
49
prior to June 1, 2002 (the effective date of amendments establishing
MTBE as an indicator contaminant).
i)
An owner or operator exempt from having to address MTBE as an
indicator contaminant pursuant to subsection (h) of this Section may elect
to include MTBE as an indicator contaminant under the circumstances
listed in subsections (1) or (2) of this subsection (i). Elections to include
MTBE as an indicator contaminant shall be made by submitting to the
Agency a written notification of such election signed by the owner or
operator. The election shall be effective upon the Agency’s receipt of the
notification and shall not be withdrawn once made. Owners or operators
electing to include MTBE as an indicator contaminant shall remediate
MTBE contamination in accordance with the requirements of this Part.
1)
If the Agency has not issued a No Further Remediation Letter for
the release; or
2)
If the Agency has issued a No Further Remediation Letter for the
release and the release has caused off-site groundwater
contamination exceeding the remediation objective for MTBE set
forth in 35 Ill. Adm. Code 742.
Section 734.410
Remediation Objectives
The owner or operator shall propose remediation objectives for applicable indicator
contaminants in accordance with 35 Ill. Adm. Code 742.
Section 734.415
Data Quality
a)
The following activities shall be conducted in accordance with “Test
Methods for Evaluating Solid Wastes, Physical/Chemical Methods,” EPA
Publication No. SW-846, incorporated by reference at Section 734.120 of
this Part, or other procedures as approved by the Agency:
1)
All field sampling activities, including but not limited to activities
relative to sample collection, documentation, preparation, labeling,
storage and shipment, security, quality assurance and quality
control, acceptance criteria, corrective action, and decontamination
procedures;
2)
All field measurement activities, including but not limited to
activities relative to equipment and instrument operation,
calibration and maintenance, corrective action, and data handling;
and
50
3)
All quantitative analysis of samples to determine concentrations of
indicator contaminants, including but not limited to activities
relative to facilities, equipment and instrumentation, operating
procedures, sample management, test methods, equipment
calibration and maintenance, quality assurance and quality control,
corrective action, data reduction and validation, reporting, and
records management. Analyses of samples that require more
exacting detection limits than, or that cannot be analyzed by
standard methods identified in, “Test Methods for Evaluating Solid
Wastes, Physical/Chemical Methods,” EPA Publication No. SW-
846, shall be conducted in accordance with analytical protocols
developed in consultation with and approved by the Agency.
b)
The analytical methodology used for the analysis of indicator
contaminants shall have a practical quantitation limit at or below the
objectives or detection levels set forth in 35 Ill. Adm. Code 742 or
determined by the Agency pursuant to Section 734.410 of this Part.
c)
All field or laboratory measurements of samples to determine physical or
geophysical characteristics shall be conducted in accordance with
applicable ASTM standards incorporated by reference at 35 Ill. Adm.
Code 742.210, or other procedures as approved by the Agency.
Section 734.420
Laboratory Certification
All quantitative analyses of samples collected on or after January 1, 2003, and utilizing
any of the approved test methods identified in 35 Ill. Adm. Code 186.180 shall be
completed by an accredited laboratory in accordance with the requirements of 35 Ill.
Adm. Code 186. A certification from the accredited laboratory stating that the samples
were analyzed in accordance with the requirements of this Section shall be included with
the sample results when they are submitted to the Agency. Quantitative analyses not
utilizing an accredited laboratory in accordance with Part 186 shall be deemed invalid.
Section 734.425
Soil Borings
a)
Soil borings shall be continuously sampled to ensure that no gaps appear
in the sample column.
b)
Any water bearing unit encountered shall be protected as necessary to
prevent cross-contamination during drilling.
c)
Soil boring logs shall be kept for all soil borings. The logs shall be
submitted in the corresponding site investigation plan, site investigation
completion report, or corrective action completion report on forms
prescribed and provided by the Agency and, if specified by the Agency in
51
writing, in an electronic format. At a minimum, soil boring logs shall
contain the following information:
1)
Sampling device, sample number, and amount of recovery;
2)
Total depth of boring to the nearest 6 inches;
3)
Detailed field observations describing materials encountered in
boring, including but not limited to soil constituents, consistency,
color, density, moisture, odors, and the nature and extent of sand or
gravel lenses or seams equal to or greater than 1 inch in thickness;
4)
Petroleum hydrocarbon vapor readings (as determined by
continuous screening of borings with field instruments capable of
detecting such vapors);
5)
Locations of sample(s) used for physical or chemical analysis;
6)
Groundwater levels while boring and at completion; and
7)
Unified Soil Classification System (USCS) soil classification
group symbol in accordance with ASTM Standard D 2487-93,
“Standard Test Method for Classification of Soils for Engineering
Purposes,” incorporated by reference in Section 734.120 of this
Part, or other Agency approved method.
Section 734.430
Monitoring Well Construction and Sampling
a)
At a minimum, all monitoring well construction shall satisfy the following
requirements:
1)
Wells shall be constructed in a manner that will enable the
collection of representative groundwater samples;
2)
Wells shall be cased in a manner that maintains the integrity of the
borehole. Casing material shall be inert so as not to affect the
water sample. Casing requiring solvent-cement type couplings
shall not be used;
3)
Wells shall be screened to allow sampling only at the desired
interval. Annular space between the borehole wall and well screen
section shall be packed with clean, well-rounded and uniform
material sized to avoid clogging by the material in the zone being
monitored. The slot size of the screen shall be designed to
minimize clogging. Screens shall be fabricated from material that
52
is inert with respect to the constituents of the groundwater to be
sampled;
4)
Annular space above the well screen section shall be sealed with a
relatively impermeable, expandable material such as
cement/bentonite grout that does not react with or in any way
affect the sample, in order to prevent contamination of
groundwater samples and groundwater and avoid interconnections.
The seal shall extend to the highest known seasonal groundwater
level;
5)
The annular space shall be backfilled with expanding cement grout
from an elevation below the frost line and mounded above the
surface and sloped away from the casing so as to divert surface
water away;
6)
Wells shall be covered with vented caps and equipped with devices
to protect against tampering and damage. Locations of wells shall
be clearly marked and protected against damage from vehicular
traffic or other activities associated with expected site use; and
7)
Wells shall be developed to allow free entry of groundwater,
minimize turbidity of the sample, and minimize clogging.
b)
Monitoring well construction diagrams shall be completed for each
monitoring well. The well construction diagrams shall be submitted in the
corresponding site investigation plan, site investigation completion report,
or corrective action completion report on forms prescribed and provided
by the Agency and, if specified by the Agency in writing, in an electronic
format.
c)
Static groundwater elevations in each well shall be determined and
recorded following well construction and prior to each sample collection
to determine the gradient of the groundwater table, and shall be reported
in the corresponding site investigation plan, site investigation completion
report or corrective action completion report.
Section 734.435
Sealing of Soil Borings and Groundwater Monitoring Wells
Boreholes and monitoring wells shall be abandoned pursuant to regulations promulgated
by the Illinois Department of Public Health at 77 Ill. Adm. Code 920.120.
Section 734.440
Site Map Requirements
At a minimum, all site maps submitted to the Agency shall meet the following
requirements:
53
a)
The maps shall be of sufficient detail and accuracy to show required
information;
b)
The maps shall contain the map scale, an arrow indicating north
orientation, and the date the map was created; and
c)
The maps shall show the following:
1)
The property boundary lines of the site, properties adjacent to the
site, and other properties that are, or may be, adversely affected by
the release;
2)
The uses of the site, properties adjacent to the site, and other
properties that are, or may be, adversely affected by the release;
3)
The locations of all current and former USTs at the site, and the
contents of each UST; and
4)
All structures, other improvements, and other features at the site,
properties adjacent to the site, and other properties that are, or may
be, adversely affected by the release, including but not limited to
buildings, pump islands, canopies, roadways and other paved
areas, utilities, easements, rights-of-way, and actual or potential
natural or man-made pathways.
Section 734.445
Water Supply Well Survey
a)
At a minimum, the owner or operator shall conduct a water supply well
survey to identify all potable water supply wells located at the site or
within 200 feet of the site, all community water supply wells located at the
site or within 2,500 feet of the site, and all regulated recharge areas and
wellhead protection areas in which the site is located. Actions taken to
identify the wells shall include, but not be limited to, the following:
1)
Contacting the Agency’s Division of Public Water Supplies to
identify community water supply wells, regulated recharge areas,
and wellhead protection areas;
2)
Contacting the Illinois State Geological Survey, the Illinois State
Water Survey, and the Illinois Department of Public Health (or the
county or local health department delegated by the Illinois
Department of Public Health to permit potable water supply wells)
to identify potable water supply wells other than community water
supply wells; and
54
3)
Contacting the local public water supply entities to identify
properties that receive potable water from a public water supply.
b)
In addition to the potable water supply wells identified pursuant to
subsection (a) of this Section, the owner or operator shall extend the water
supply well survey if soil or groundwater contamination exceeding the
most stringent Tier 1 remediation objectives of 35 Ill. Adm. Code 742 for
the applicable indicator contaminants extends beyond the site’s property
boundary, or, as part of a corrective action plan, the owner or operator
proposes to leave in place soil or groundwater contamination exceeding
the most stringent Tier 1 remediation objectives of 35 Ill. Adm. Code 742
for the applicable indicator contaminants and contamination exceeding
such objectives is modeled to migrate beyond the site’s property
boundary. At a minimum, the extended water supply well survey shall
identify the following:
1)
All potable water supply wells located within 200 feet, and all
community water supply wells located within 2,500 feet, of the
current or modeled extent of soil or groundwater contamination
exceeding the most stringent Tier 1 remediation objectives of 35
Ill. Adm. Code 742 for the applicable indicator contaminants; and
2)
All regulated recharge areas and wellhead protection areas in
which the current or modeled extent of soil or groundwater
contamination exceeding the most stringent Tier 1 remediation
objectives of 35 Ill. Adm. Code 742 for the applicable indicator
contaminants is located.
c)
The Agency may require additional investigation of potable water supply
wells, regulated recharge areas, or wellhead protection areas if site-
specific circumstances warrant. Such circumstances shall include, but not
be limited to, the existence of one or more parcels of property within 200
feet of the current or modeled extent of soil or groundwater contamination
exceeding the most stringent Tier 1 remediation objectives of 35 Ill. Adm.
Code 742 for the applicable indicator contaminants where potable water is
likely to be used, but that is not served by a public water supply or a well
identified pursuant to subsections (a) or (b) of this Section. The additional
investigation may include, but shall not be limited to, physical well
surveys (e.g., interviewing property owners, investigating individual
properties for wellheads, distributing door hangers or other material that
requests information about the existence of potable wells on the property,
etc.).
d)
Documentation of the water supply well survey conducted pursuant to this
Section shall include, but not be limited to, the following:
55
1)
One or more maps, to an appropriate scale, showing the following:
A)
The location of the community water supply wells and
other potable water supply wells identified pursuant to this
Section, and the setback zone for each well;
B)
The location and extent of regulated recharge areas and
wellhead protection areas identified pursuant to this
Section;
C)
The current extent of groundwater contamination
exceeding the most stringent Tier 1 remediation objectives
of 35 Ill. Adm. Code 742 for the applicable indicator
contaminants; and
D)
The modeled extent of groundwater contamination
exceeding the most stringent Tier 1 remediation objectives
of 35 Ill. Adm. Code 742 for the applicable indicator
contaminants. The information required under this
subsection (D) is not required to be shown in a site
investigation report if modeling is not performed as part of
site investigation;
2)
One or more tables listing the setback zones for each community
water supply well and other potable water supply wells identified
pursuant to this Section;
3)
A narrative that, at a minimum, identifies each entity contacted to
identify potable water supply wells pursuant to this Section, the
name and title of each person contacted at each entity, and field
observations associated with the identification of potable water
supply wells; and
4)
A certification from a Licensed Professional Engineer or Licensed
Professional Geologist that the water supply well survey was
conducted in accordance with the requirements of this Section and
that the documentation submitted pursuant to subsection (d) of this
Section includes the information obtained as a result of the survey.
Section 734.450
Deferred Site Investigation or Corrective Action; Priority List
for Payment
a)
An owner or operator who has received approval for any budget submitted
pursuant to this Part and who is eligible for payment from the Fund may
elect to defer site investigation or corrective action activities until funds
56
are available in an amount equal to the amount approved in the budget if
the requirements of subsection (b) of this Section are met.
1)
Approvals of budgets shall be pursuant to Agency review in
accordance with Subpart E of this Part.
2)
The Agency shall monitor the availability of funds and shall
provide notice of insufficient funds to owners or operators in
accordance with Section 734.505(g) of this Part.
3)
Owners and operators shall submit elections to defer site
investigation or corrective action activities on forms prescribed
and provided by the Agency and, if specified by the Agency by
written notice, in an electronic format. The Agency’s record of the
date of receipt shall be deemed conclusive unless a contrary date is
proven by a dated, signed receipt from certified or registered mail.
4)
The Agency shall review elections to defer site investigation or
corrective action activities to determine whether the requirements
of subsection (b) of this Section are met. The Agency shall notify
the owner or operator in writing of its final action on any such
election. If the Agency fails to notify the owner or operator of its
final action within 120 days after its receipt of the election, the
owner or operator may deem the election rejected by operation of
law.
A)
The Agency shall mail notices of final action on an election
to defer by registered or certified mail, post marked with a
date stamp and with return receipt requested. Final action
shall be deemed to have taken place on the post marked
date that such notice is mailed.
B)
Any action by the Agency to reject an election, or the
rejection of an election by the Agency’s failure to act, is
subject to appeal to the Board within 35 days after the
Agency’s final action in the manner provided for the
review of permit decisions in Section 40 of the Act.
5)
Upon approval of an election to defer site investigation or
corrective action activities until funds are available, the Agency
shall place the site on a priority list for payment and notification of
availability of sufficient funds. Sites shall enter the priority list for
payment based solely on the date the Agency receives a complete
written election of deferral, with the earliest dates having the
highest priority.
57
6)
As funds become available the Agency shall encumber funds for
each site in the order of priority in an amount equal to the total of
the approved budget for which deferral was sought. The Agency
shall then notify owners or operators that sufficient funds have
been allocated for the owner or operator's site. After such
notification the owner or operator shall commence site
investigation or corrective action activities.
7)
Authorization of payment of encumbered funds for deferred site
investigation or corrective action activities shall be approved in
accordance with the requirements of Subpart F of this Part.
b)
An owner or operator who elects to defer site investigation or corrective
action activities under subsection (a) of this Section shall submit a report
certified by a Licensed Professional Engineer or Licensed Professional
Geologist demonstrating the following:
1)
The Agency has approved the owner’s or operator’s site
investigation budget or corrective action budget;
2)
The owner or operator has been determined eligible to seek
payment from the Fund;
3)
The early action requirements of Subpart B of this Part have been
met;
4)
Groundwater contamination does not exceed the most stringent
Tier 1 remediation objectives of 35 Ill. Adm. Code 742 for the
applicable indicator contaminants as a result of the release,
modeling accordance with 35 Ill. Adm. Code 742 shows that
groundwater contamination will not exceed such Tier 1
remediation objectives as a result of the release, and no potable
water supply wells are impacted as a result of the release; and
5)
Soil contamination exceeding the most stringent Tier 1
remediation objectives of 35 Ill. Adm. Code 742 for the applicable
indicator contaminants does not extend beyond the site’s property
boundary and is not located within a regulated recharge area, a
wellhead protection area, or the setback zone of a potable water
supply well. Documentation to demonstrate that this subsection
(b)(5) is satisfied shall include, but not be limited to, the results of
a water supply well survey conducted in accordance with Section
734.445 of this Part.
c)
An owner or operator may, at any time, withdraw the election to defer site
investigation or corrective action activities. The Agency shall be notified
58
in writing of the withdrawal. Upon such withdrawal, the owner or
operator shall proceed with site investigation or corrective action, as
applicable, in accordance with the requirements of this Part.
SUBPART E: REVIEW OF PLANS, BUDGETS, AND REPORTS
Section 734.500
General
The Agency shall have the authority to review any plan, budget, or report, including any
amended plan, budget, or report, submitted pursuant to this Part. All such reviews shall
be subject to the procedures set forth in the Act and this Subpart E.
Section 734.505
Review of Plans, Budgets, or Reports
a)
The Agency may review any or all technical or financial information, or
both, relied upon by the owner or operator or the Licensed Professional
Engineer or Licensed Professional Geologist in developing any plan,
budget, or report selected for review. The Agency may also review any
other plans, budgets, or reports submitted in conjunction with the site.
b)
The Agency shall have the authority to approve, reject, or require
modification of any plan, budget, or report it reviews. The Agency shall
notify the owner or operator in writing of its final action on any such plan,
budget, or report, except in the case of 20 day, 45 day, or free product
removal reports, in which case no notification is necessary. Except as
provided in subsections (c) and (d) of this Section, if the Agency fails to
notify the owner or operator of its final action on a plan, budget, or report
within 120 days after the receipt of a plan, budget, or report, the owner or
operator may deem the plan, budget, or report rejected by operation of
law. If the Agency rejects a plan, budget, or report or requires
modifications, the written notification shall contain the following
information, as applicable:
1)
An explanation of the specific type of information, if any, that the
Agency needs to complete its review;
2)
An explanation of the Sections of the Act or regulations that may
be violated if the plan, budget, or report is approved; and
3)
A statement of specific reasons why the cited Sections of the Act
or regulations may be violated if the plan, budget, or report is
approved.
c)
For corrective action plans submitted by owners or operators not seeking
payment from the Fund, the Agency may delay final action on such plans
59
until 120 days after it receives the corrective action completion report
required pursuant to Section 734.345 of this Part.
d)
An owner or operator may waive the right to a final decision within 120
days after the submittal of a complete plan, budget, or report by
submitting written notice to the Agency prior to the applicable deadline.
Any waiver shall be for a minimum of 60 days.
e)
The Agency shall mail notices of final action on plans, budgets, or reports
by registered or certified mail, post marked with a date stamp and with
return receipt requested. Final action shall be deemed to have taken place
on the post marked date that such notice is mailed.
f)
Any action by the Agency to reject or require modifications, or rejection
by failure to act, of a plan, budget, or report shall be subject to appeal to
the Board within 35 days after the Agency's final action in the manner
provided for the review of permit decisions in Section 40 of the Act.
g)
In accordance with Section 734.450 of this Part, upon the approval of any
budget by the Agency, the Agency shall include as part of the final notice
to the owner or operator a notice of insufficient funds if the Fund does not
contain sufficient funds to provide payment of the total costs approved in
the budget.
Section 734.510
Standards for Review of Plans, Budgets, or Reports
a)
A technical review shall consist of a detailed review of the steps proposed
or completed to accomplish the goals of the plan and to achieve
compliance with the Act and regulations. Items to be reviewed, if
applicable, shall include, but not be limited to, number and placement of
wells and borings, number and types of samples and analysis, results of
sample analysis, and protocols to be followed in making determinations.
The overall goal of the technical review for plans shall be to determine if
the plan is sufficient to satisfy the requirements of the Act and regulations
and has been prepared in accordance with generally accepted engineering
practices or principles of professional geology. The overall goal of the
technical review for reports shall be to determine if the plan has been fully
implemented in accordance with generally accepted engineering practices
or principles of professional geology, if the conclusions are consistent
with the information obtained while implementing the plan, and if the
requirements of the Act and regulations have been satisfied.
b)
A financial review shall consist of a detailed review of the costs associated
with each element necessary to accomplish the goals of the plan as
required pursuant to the Act and regulations. Items to be reviewed shall
include, but not be limited to, costs associated with any materials,
60
activities, or services that are included in the budget. The overall goal of
the financial review shall be to assure that costs associated with materials,
activities, and services shall be reasonable, shall be consistent with the
associated technical plan, shall be incurred in the performance of
corrective action activities, shall not be used for corrective action
activities in excess of those necessary to meet the minimum requirements
of the Act and regulations, and shall not exceed the maximum payment
amounts set forth in Subpart H of this Part.
SUBPART F: PAYMENT FROM THE FUND
Section 734.600
General
The Agency shall have the authority to review any application for payment or
reimbursement and to authorize payment or reimbursement from the Fund or such other
funds as the legislature directs for corrective action activities conducted pursuant to the
Act and this Part. For purposes of this Part and unless otherwise provided, the use of the
word “payment” shall include reimbursement. The submittal and review of applications
for payment and the authorization for payment shall be in accordance with the procedures
set forth in the Act and this Subpart F.
Section 734.605
Applications for Payment
a)
An owner or operator seeking payment from the Fund shall submit to the
Agency an application for payment on forms prescribed and provided by
the Agency and, if specified by the Agency by written notice, in an
electronic format. The owner or operator may submit an application for
partial payment or final payment. Costs for which payment is sought must
be approved in a budget, provided, however, that no budget shall be
required for early action activities conducted pursuant to Subpart B of this
Part other than free product removal activities conducted more than 45
days after confirmation of the presence of free product.
b)
A complete application for payment shall consist of the following
elements:
1)
A certification from a Licensed Professional Engineer or a
Licensed Professional Geologist acknowledged by the owner or
operator that the work performed has been in accordance with a
technical plan approved by the Agency or, for early action
activities, in accordance with Subpart B of this Part;
2)
A statement of the amounts approved in the corresponding budget
and the amounts actually sought for payment along with a certified
statement by the owner or operator that the amounts so sought
61
have been expended in conformance with the elements of a budget
approved by the Agency;
3)
A copy of the OSFM or Agency eligibility and deductibility
determination;
4)
Proof that approval of the payment requested will not exceed the
limitations set forth in the Act and Section 734.620 of this Part;
5)
A federal taxpayer identification number and legal status
disclosure certification;
6)
Private insurance coverage form(s);
7)
A minority/women's business form;
8)
Designation of the address to which payment and notice of final
action on the application for payment are to be sent;
9)
An accounting of all costs, including but not limited to, invoices,
receipts, and supporting documentation showing the dates and
descriptions of the work performed;
10)
Proof of payment of subcontractor costs for which handling
charges are requested; and
11)
If the owner or operator requests costs for one or more quantitative
analyses of samples required to be certified pursuant to Section
734.420 of this Part, a copy of the accredited laboratory
certification required pursuant to that Section.
c)
The address designated on the application for payment may be changed
only by subsequent notification to the Agency, on a form provided by the
Agency, of a change in address.
d)
Applications for payment and change of address forms shall be mailed or
delivered to the address designated by the Agency. The Agency's record
of the date of receipt shall be deemed conclusive unless a contrary date is
proven by a dated, signed receipt from certified or registered mail.
e)
Applications for partial or final payment may be submitted no more
frequently than once every 90 days.
f)
Except for applications for payment for costs of early action conducted
pursuant to Subpart B of this Part, other than costs associated with free
product removal activities conducted more than 45 days after confirmation
62
of the presence of free product, in no case shall the Agency review an
application for payment unless there is an approved budget on file
corresponding to the application for payment.
g)
In no case shall the Agency authorize payment to an owner or operator in
amounts greater than the amounts approved by the Agency in a
corresponding budget. Revised cost estimates or increased costs resulting
from revised procedures must be submitted to the Agency for review in
accordance with Subpart E of this Part using amended budgets as required
under this Part.
h)
Applications for payment of costs associated with a Stage 1, Stage 2, or
Stage 3 site investigation may not be submitted prior to the approval or
modification of a site investigation plan for the next stage of the site
investigation or the site investigation completion report, whichever is
applicable.
i)
Applications for payment of costs associated with site investigation or
corrective action that was deferred pursuant to Section 734.450 of this Part
may not be submitted prior to approval or modification of the
corresponding site investigation plan, site investigation completion report,
or corrective action completion report.
j)
All budgets, budget amendments, and applications for payment of
corrective action costs shall be submitted no later than one year after the
date the Agency issues a No Further Remediation Letter pursuant to
Subpart G of this Part. For releases for which the Agency issued a No
Further Remediation Letter prior to the effective date of this subsection
(j), all budgets, budget amendments, and applications for payment shall be
submitted no later than one year after the effective date of this subsection
(j).
Section 734.610
Review of Applications for Payment
a)
At a minimum, the Agency shall review each application for payment
submitted pursuant to this Part to determine the following:
1)
whether the application contains all of the elements and supporting
documentation required by Section 734.605(b) of this Part;
2)
for costs incurred pursuant to Subpart B of this Part, other than
free product removal activities conducted more than 45 days after
confirmation of the presence of free product, whether the amounts
sought are reasonable, and whether there is sufficient
documentation to demonstrate that the work was completed in
accordance with the requirements of this Part;
63
3)
for costs incurred pursuant to Subpart C of this Part and free
product removal activities conducted more than 45 days after
confirmation of the presence of free product, whether the amounts
sought exceed the amounts approved in the corresponding budget,
and whether there is sufficient documentation to demonstrate that
the work was completed in accordance with the requirements of
this Part and a plan approved by the Agency; and
4)
Whether the amounts sought are eligible for payment.
b)
When conducting a review of any application for payment, the Agency
may require the owner or operator to submit a full accounting supporting
all claims as provided in subsection (c) of this Section.
c)
The Agency’s review may include a review of any or all elements and
supporting documentation relied upon by the owner or operator in
developing the application for payment, including but not limited to a
review of invoices or receipts supporting all claims. The review also may
include the review of any plans, budgets, or reports previously submitted
for the site to ensure that the application for payment is consistent with
work proposed and actually performed in conjunction with the site.
d)
Following a review, the Agency shall have the authority to approve, deny
or require modification of applications for payment or portions thereof.
The Agency shall notify the owner or operator in writing of its final action
on any such application for payment. Except as provided in subsection (e)
of this Section, if the Agency fails to notify the owner or operator of its
final action on an application for payment within 120 days after the receipt
of a complete application for payment, the owner or operator may deem
the application for payment approved by operation of law. If the Agency
denies payment for an application for payment or for a portion thereof or
requires modification, the written notification shall contain the following
information, as applicable:
1)
An explanation of the specific type of information, if any, that the
Agency needs to complete the review;
2)
An explanation of the Sections of the Act or regulations that may
be violated if the application for payment is approved; and
3)
A statement of specific reasons why the cited Sections of the Act
or regulations may be violated if the application for payment is
approved.
64
e)
An owner or operator may waive the right to a final decision within 120
days after the submittal of a complete application for payment by
submitting written notice to the Agency prior to the applicable deadline.
Any waiver shall be for a minimum of 30 days.
f)
The Agency shall mail notices of final action on applications for payment
by registered or certified mail, post marked with a date stamp and with
return receipt requested. Final action shall be deemed to have taken place
on the post marked date that such notice is mailed. The Agency shall mail
notices of final action on applications for payment, and direct the
Comptroller to mail payments to the owner or operator, at the address
designated for receipt of payment in the application for payment or on a
change of address form, provided by the Agency, submitted subsequent to
submittal of the application for payment.
h)
Any action by the Agency to deny payment for an application for payment
or portion thereof or to require modification shall be subject to appeal to
the Board within 35 days after the Agency's final action in the manner
provided for the review of permit decisions in Section 40 of the Act.
Section 734.615
Authorization for Payment; Priority List
a)
Within 60 days after notification to an owner or operator that the
application for payment or a portion thereof has been approved by the
Agency or by operation of law, the Agency shall forward to the Office of
the State Comptroller in accordance with subsection (d) or (e) of this
Section a voucher in the amount approved. If the owner or operator has
filed an appeal with the Board of the Agency's final decision on an
application for payment, the Agency shall have 60 days after the final
resolution of the appeal to forward to the Office of the State Comptroller a
voucher in the amount ordered as a result of the appeal. Notwithstanding
the time limits imposed by this Section, the Agency shall not forward
vouchers to the Office of the State Comptroller until sufficient funds are
available to issue payment.
b)
The following rules shall apply regarding deductibles:
1)
Any deductible, as determined by the OSFM or the Agency, shall
be subtracted from any amount approved for payment by the
Agency or by operation of law, or ordered by the Board or courts;
2)
Only one deductible shall apply per occurrence;
3)
If multiple incident numbers are issued for a single site in the same
calendar year, only one deductible shall apply for those incidents,
even if the incidents relate to more than one occurrence; and
65
4)
Where more than one deductible determination is made, the higher
deductible shall apply.
c)
The Agency shall instruct the Office of the State Comptroller to issue
payment to the owner or operator at the address designated in accordance
with Sections 734.605(b)(8) or (c) of this Part. In no case shall the
Agency authorize the Office of the State Comptroller to issue payment to
an agent, designee, or entity that has conducted corrective action activities
for the owner or operator.
d)
For owners or operators who have deferred site classification or corrective
action in accordance with Section 734.450 of this Part, payment shall be
authorized from funds encumbered pursuant to Section 734.450(a)(6) of
this Part upon approval of the application for payment by the Agency or
by operation of law.
e)
For owners or operators not electing to defer site investigation or
corrective action in accordance with Section 734.450 of this Part, the
Agency shall form a priority list for payment for the issuance of vouchers
pursuant to subsection (a) of this Section.
1)
All such applications for payment shall be assigned a date that is
the date upon which the complete application for partial or final
payment was received by the Agency. This date shall determine
the owner’s or operator's priority for payment in accordance with
subsection (e)(2) of this Section, with the earliest dates receiving
the highest priority.
2)
Once payment is approved by the Agency or by operation of law
or ordered by the Board or courts, the application for payment
shall be assigned priority in accordance with subsection (e)(1) of
this Section. The assigned date shall be the only factor
determining the priority for payment for those applications
approved for payment.
Section 734.620
Limitations on Total Payments
a)
Limitations per occurrence:
1)
The Agency shall not approve any payment from the Fund to pay
an owner or operator for costs of corrective action incurred by
such owner or operator in an amount in excess of $1,500,000 per
occurrence
[415 ILCS 5/57.8(g)(1)]; and
66
2)
The Agency shall not approve any payment from the Fund to pay
an owner or operator for costs of indemnification of such owner or
operator in an amount in excess of $1,500,000 per occurrence
[415 ILCS 5/57.8(g)(2)].
b)
Aggregate limitations:
1)
Notwithstanding any other provision of this
Part
, the Agency shall
not approve payment to an owner or operator from the Fund for
costs of corrective action or indemnification incurred during a
calendar year in excess of the following amounts based on the
number of petroleum underground storage tanks owned or
operated by such owner or operator in Illinois:
A)
For calendar years prior to 2002:
Amount
Number of Tanks
$1,000,000
fewer than 101
$2,000,000
101 or more
B)
For calendar years 2002 and later:
Amount
Number of Tanks
$2,000,000
fewer than 101
$3,000,000
101 or more
[415 ILCS 5/57.8(d)].
2)
Costs incurred in excess of the aggregate amounts set forth in
subsection (b)(1) of this Section
shall not be eligible for payment
in subsequent years
[415 ILCS 5/57.8(d)(1)].
c)
For purposes of
subsection (b) of this Section,
requests submitted by any
of the agencies, departments, boards, committees or commissions of the
State of Illinois shall be acted upon as claims from a single owner or
operator
[415 ILCS 5/57.8(d)(2)].
d)
For purposes of
subsection (b) of this Section,
owner or operator
includes
;
1)
any subsidiary, parent, or joint stock company of the owner or
operator
;
and
67
2)
any company owned by any parent, subsidiary, or joint stock
company of the owner or operator
[415 ILCS 5/57.8(d)(3)].
Section 734.625
Eligible Corrective Action Costs
a)
Types of costs that may be eligible for payment from the Fund include
those for corrective action activities and for materials or services provided
or performed in conjunction with corrective action activities. Such
activities and services may include, but are not limited to, reasonable costs
for:
1)
Early action activities conducted pursuant to Subpart B of this
Part;
2)
Engineer or geologist oversight services;
3)
Remedial investigation and design;
4)
Laboratory services necessary to determine site investigation and
whether the established remediation objectives have been met;
5)
The installation and operation of groundwater investigation and
groundwater monitoring wells;
6)
The removal, treatment, transportation, and disposal of soil
contaminated by petroleum at levels in excess of the established
remediation objectives;
7)
The removal, treatment, transportation, and disposal of water
contaminated by petroleum at levels in excess of the established
remediation objectives;
8)
The placement of clean backfill to grade to replace excavated soil
contaminated by petroleum at levels in excess of the established
remediation objectives;
9)
Groundwater corrective action systems;
10)
Alternative technology, including but not limited to feasibility
studies approved by the Agency;
11)
Recovery of free product exceeding one-eighth of an inch in depth,
or present as a sheen on groundwater in the tank removal
excavation or on surface water;
68
12)
The removal and disposal of any UST if a release of petroleum
from the UST was identified and IEMA was notified prior to its
removal, with the exception of any UST deemed ineligible by the
OSFM;
13)
Costs incurred as a result of a release of petroleum because of
vandalism, theft, or fraudulent activity by a party other than an
owner or operator or agent of an owner or operator;
14)
Engineer or geologist costs associated with seeking payment from
the Fund including but not limited to completion of an application
for partial or final payment;
15)
Costs associated with obtaining an Eligibility and Deductibility
Determination from the OSFM or the Agency;
16)
Costs for destruction and replacement of concrete, asphalt, or
paving to the extent necessary to conduct corrective action if the
concrete, paving, or asphalt was installed prior to the initiation of
corrective action activities, the destruction and replacement has
been certified as necessary to the performance of corrective action
by a Licensed Professional Engineer, and the destruction and
replacement and its costs are approved by the Agency in writing
prior to the destruction and replacement. All such costs shall be
submitted in a single application for payment and shall not be
submitted prior to the Agency’s issuance of a No Further
Remediation Letter pursuant to Subpart G of this Part. Costs
associated with the replacement of concrete, asphalt, or paving
shall not be paid in excess of the cost to install, to the same area
and depth, the same material as was destroyed;
17)
The destruction or dismantling and reassembly of above grade
structures in response to a release of petroleum if such activity has
been certified as necessary to the performance of corrective action
by a Licensed Professional Engineer and such activity and its costs
are approved by the Agency in writing prior to the destruction or
dismantling and re-assembly. Such costs shall not be paid in
excess of a total of $10,000 per site. For purposes of this
subsection (a)(17), destruction, dismantling, or reassembly of
above grade structures does not include costs associated with
replacement of pumps, pump islands, buildings, wiring, lighting,
bumpers, posts, or canopies;
18)
Preparation of reports submitted pursuant to Section 734.210(h)(3)
of this Part, free product removal plans and associated budgets,
free product removal reports, site investigation plans and
69
associated budgets, site investigation completion reports,
corrective action plans and associated budgets, and corrective
action completion reports;
19)
Costs associated with the removal or abandonment of a potable
water supply well, and replacement of the well or connection to a
public water supply, whichever is less, if a Licensed Professional
Engineer or Licensed Professional Geologist certifies that such
activity is necessary to the performance of corrective action and
that the property served by the well cannot receive an adequate
supply of potable water from an existing source other than the
removed or abandoned well, and the Agency approves such
activity in writing. If the well being removed or abandoned is a
public water supply well, the Licensed Professional Engineer or
Licensed Professional Geologist is required to certify only that the
removal or abandonment of the well is necessary to the
performance of corrective action; and
20)
Costs associated with the repair or replacement of potable water
supply lines damaged to the point of requiring repair or
replacement as a direct result of the release, if such activity is
certified by a Licensed Professional Engineer or Licensed
Professional Geologist as necessary for the protection of the
potable water supply and approved by the Agency in writing.
b)
An owner or operator may submit a budget or application for partial or
final payment that includes an itemized accounting of costs associated
with activities, materials, or services not identified in subsection (a) of this
Section if the owner or operator submits detailed information
demonstrating that the activities, materials, or services not identified in
subsection (a) of this Section are essential to the completion of the
minimum corrective action requirements of the Act and this Part.
Section 734.630
Ineligible Corrective Action Costs
Costs ineligible for payment from the Fund include but are not limited to:
a)
Costs for the removal, treatment, transportation, and disposal of more than
four feet of fill material from the outside dimensions of the UST, as set
forth in Section 734.Appendix C of this Part, during early action activities
conducted pursuant to Section 734.210(f) of this Part, and costs for the
replacement of contaminated fill materials with clean fill materials in
excess of the amounts set forth in Section 734.Appendix C of this Part
during early action activities conducted pursuant to Section 734.210(f) of
this Part;
70
b)
Costs or losses resulting from business interruption;
c)
Costs incurred as a result of vandalism, theft, or fraudulent activity by the
owner or operator or agent of an owner or operator, including the creation
of spills, leaks, or releases;
d)
Costs associated with the replacement of above grade structures such as
pumps, pump islands, buildings, wiring, lighting, bumpers, posts, or
canopies, including but not limited to those structures destroyed or
damaged during corrective action activities;
e)
Costs of corrective action incurred by an owner or operator prior to July
28, 1989
[415 ILCS 5/57.8(j)];
f)
Costs associated with the procurement of a generator identification
number;
g)
Legal fees or costs, including but not limited to legal fees or costs for
seeking payment under this Part unless the owner or operator prevails
before the Board and the Board authorizes payment of such costs;
h)
Purchase costs of non-expendable materials, supplies, equipment, or tools,
except that a reasonable rate may be charged for the usage of such
materials, supplies, equipment, or tools;
i)
Costs associated with activities that violate any provision of the Act or
Board, OSFM, or Agency regulations;
j)
Costs associated with investigative action, preventive action, corrective
action, or enforcement action taken by the State of Illinois if the owner or
operator failed, without sufficient cause, to respond to a release or
substantial threat of a release upon, or in accordance with, a notice issued
by the Agency pursuant to Section 734.125 of this Part and Section 57.12
of the Act;
k)
Costs for removal, disposal, or abandonment of UST if the tank was
removed or abandoned, or permitted for removal or abandonment, by the
OSFM before the owner or operator provided notice to IEMA of a release
of petroleum;
l)
Costs associated with the installation of new USTs, the repair of existing
USTs, and removal and disposal of USTs determined to be ineligible by
the OSFM;
m)
Costs exceeding those contained in a budget or amended budget approved
by the Agency;
71
n)
Costs of corrective action incurred before providing notification of the
release of petroleum to IEMA in accordance with Section 734.210 of this
Part;
o)
Costs for corrective action activities and associated materials or services
exceeding the minimum requirements necessary to comply with the Act;
p)
Costs associated with improperly installed sampling or monitoring wells;
q)
Costs associated with improperly collected, transported, or analyzed
laboratory samples;
r)
Costs associated with the analysis of laboratory samples not approved by
the Agency;
s)
Costs for any corrective activities, services, or materials unless
accompanied by a letter from OSFM or the Agency confirming eligibility
and deductibility in accordance with Section 57.9 of the Act;
t)
Interest or finance costs charged as direct costs;
u)
Insurance costs charged as direct costs;
v)
Indirect corrective action costs for personnel, materials, service, or
equipment charged as direct costs;
w)
Costs associated with the compaction and density testing of backfill
material;
x)
Costs associated with sites that have not reported a release to IEMA or are
not required to report a release to IEMA;
y)
Costs related to activities, materials, or services not necessary to stop,
minimize, eliminate, or clean up a release of petroleum or its effects in
accordance with the minimum requirements of the Act and regulations;
z)
Costs of alternative technology that exceed the costs of conventional
technology;
aa)
Costs for activities and related services or materials that are unnecessary,
inconsistent with generally accepted engineering practices or principles of
professional geology, or unreasonable costs for justifiable activities,
materials, or services;
bb)
Costs requested that are based on mathematical errors;
72
cc)
Costs that lack supporting documentation;
dd)
Costs proposed as part of a budget that are unreasonable;
ee)
Costs incurred during early action that are unreasonable;
ff)
Costs incurred on or after the date the owner or operator enters the Site
Remediation Program under Title XVII and 35 Ill. Adm. Code 740 to
address the UST release;
gg)
Costs incurred after receipt of a No Further Remediation Letter for the
occurrence for which the No Further Remediation Letter was received,
except costs incurred for MTBE remediation pursuant to Section
734.405(i)(2) of this Part, monitoring well abandonment costs, county
recorder or registrar of titles fees for recording the No Further
Remediation Letter, and costs associated with seeking payment from the
Fund;
hh)
Handling charges for subcontractor costs that have been billed directly to
the owner or operator;
ii)
Handling charges for subcontractor costs when the contractor has not
submitted proof of payment of the subcontractor costs;
jj)
Costs associated with standby and demurrage;
kk)
Costs associated with a corrective action plan incurred after the Agency
notifies the owner or operator, pursuant to Section 734.355(b) of this Part,
that a revised corrective action plan is required, provided, however, that
costs associated with any subsequently approved corrective action plan
will be eligible for payment if they meet the requirements of this Part;
ll)
Costs incurred prior to the effective date of an owner’s or operator’s
election to proceed in accordance with this Part, unless such costs were
incurred for activities approved as corrective action under this Part;
mm) Costs associated with the preparation of free product removal reports not
submitted in accordance with the schedule established in Section
734.215(a)(5) of this Part;
nn)
Costs submitted more than one year after the date the Agency issues a No
Further Remediation Letter pursuant to Subpart G of this Part;
73
oo)
Handling charges for subcontractor costs where any person with a direct
or indirect financial interest in the contractor has a direct or indirect
financial interest in the subcontractor;
pp)
Costs for the destruction and replacement of concrete, asphalt, or paving,
except as otherwise provided in Section 734.625(a)(16) of this Part;
qq)
Costs incurred as a result of the destruction of, or damage to, any
equipment, fixtures, structures, utilities, or other items during corrective
action activities, except as otherwise provided in Sections 734.625(a)(16)
or (17) of this Part;
rr)
Costs associated with oversight by an owner or operator;
ss)
Handling charges charged by persons other than the owner’s or operator’s
primary contractor;
tt)
Costs associated with the installation of concrete, asphalt, or paving as an
engineered barrier to the extent they exceed the cost of installing an
engineered barrier constructed of asphalt four inches in depth. This
subsection does not apply if the concrete, asphalt, or paving being used as
an engineered barrier was replaced pursuant to Section 734.625(a)(16) of
this Part;
uu)
The treatment or disposal of soil that does not exceed the applicable
remediation objectives for the release, unless approved by the Agency in
writing prior to the treatment or disposal;
vv)
Costs associated with the removal or abandonment of a potable water
supply well, or the replacement of such a well or connection to a public
water supply, except as otherwise provided in Section 734.625(a)(19) of
this Part;
ww) Costs associated with the repair or replacement of potable water supply
lines, except as otherwise provided in Section 734.625(a)(20) of this Part;
xx)
Costs associated with the replacement of underground structures or
utilities, including but not limited to septic tanks, utility vaults, sewer
lines, electrical lines, telephone lines, cable lines, or water supply lines,
except as otherwise provided in Sections 734.625(a)(19) or (20) of this
Part;
yy)
Costs associated with sample collection, transportation, or analysis
required as a result of improperly collected, transported, or analyzed
laboratory samples;
74
zz)
For sites electing under Section 734.105 of this Part to proceed in
accordance with this Part, costs incurred pursuant to Section 734.210 of
this Part;
aaa)
Costs an owner or operator is required to pay to a governmental entity or
other person in order to conduct corrective action, including but not
limited to permit fees, institutional control fees, and property access fees;
and
bbb) Costs associated with the maintenance, repair, or replacement of leased or
subcontracted equipment.
ccc)
Costs that exceed the maximum payment amounts set forth in Subpart H
of this Part.
Section 734.635
Payment for Handling Charges
Handling charges are eligible for payment only if they are equal to or less than the
amount determined by the following table:
Subcontract or Field
Eligible Handling Charges
Purchase Cost:
as a Percentage of Cost:
$0 - $5,000..............................12%
$5,001 - $15,000.....................$600 + 10% of amt. over $5,000
$15,001 - $50,000...................$1,600 + 8% of amt. over $15,000
$50,001 - $100,000.................$4,400 + 5% of amt. over $50,000
$100,001 - $1,000,000...........$6,900 + 2% of amt. over $100,000
Section 734.640
Apportionment of Costs
a)
The Agency may apportion payment of costs if:
1)
The owner or operator was deemed eligible to access the Fund for
payment of corrective action costs for some, but not all, of the
underground storage tanks at the site; and
2)
The owner or operator failed to justify all costs attributable to
each underground storage tank at the site
. (Derived from Section
57.8(m) of the Act)
b)
At the time of payment, the Agency will determine, based on volume or
number of tanks, which method of apportionment will be most favorable
to the owner or operator. Apportionment will be assessed at the time of
payment and the Agency will notify the owner or operator of such
determination in writing.
75
Section 734.645
Subrogation of Rights
Payment of any amount from the fund for corrective action or indemnification shall be
subject to the State acquiring by subrogation the rights of any owner, operator, or other
person to recover the costs of corrective action or indemnification for which the fund has
compensated such owner, operator, or person from the person responsible or liable for
the release
[415 ILCS 5/57.8(h)].
Section 734.650
Indemnification
a)
An owner or operator seeking indemnification from the Fund for payment
of costs incurred as a result of a release of petroleum from an underground
storage tank shall submit to the Agency a request for payment on forms
prescribed and provided by the Agency and, if specified by the Agency by
written notice, in an electronic format.
1)
A complete application for payment shall contain the following:
A)
A certified statement by the owner or operator of the
amount sought for payment;
B)
Proof of the legally enforceable judgment, final order, or
determination against the owner or operator, or the legally
enforceable settlement entered into by the owner or
operator, for which indemnification is sought. The proof
shall include, but not be limited to, the following:
i)
A copy of the judgment certified by the court clerk
as a true and correct copy, a copy of the final order
or determination certified by the issuing agency of
State government or subdivision thereof as a true
and correct copy, or a copy of the settlement
certified by the owner or operator as a true and
correct copy; and
ii)
Documentation demonstrating that the judgment,
final order, determination, or settlement arises out
of bodily injury or property damage suffered as a
result of a release of petroleum from the UST for
which the release was reported, and that the UST is
owned or operated by the owner or operator;
C)
A copy of the OSFM or Agency eligibility and
deductibility determination;
76
D)
Proof that approval of the indemnification requested will
not exceed the limitations set forth in the Act and Section
734.620 of this Part;
E)
A federal taxpayer identification number and legal status
disclosure certification;
F)
A private insurance coverage form; and
G)
Designation of the address to which payment and notice of
final action on the request for indemnification are to be sent
to the owner or operator.
2)
The owner’s or operator’s address designated on the application
for payment may be changed only by subsequent notification to the
Agency, on a form provided by the Agency, of a change of
address.
3)
Applications for payment shall be mailed or delivered to the
address designated by the Agency. The Agency’s record of the
date of receipt shall be deemed conclusive unless a contrary date is
proven by a dated, signed receipt from certified or registered mail.
b)
The Agency shall review applications for payment in accordance with this
Subpart F. In addition, the Agency shall review each application for
payment to determine the following:
1)
Whether the application contains all of the information and
supporting documentation required by subsection (a) of this
Section;
2)
Whether there is sufficient documentation of a legally enforceable
judgment entered against the owner or operator in a court of law,
final order or determination made against the owner or operator by
an agency of State government or any subdivision thereof, or
settlement entered into by the owner or operator;
3)
Whether there is sufficient documentation that the judgment, final
order, determination, or settlement arises out of bodily injury or
property damage suffered as a result of a release of petroleum from
an underground storage tank owned or operated by the owner or
operator; and
4)
Whether the amounts sought for indemnification are eligible for
payment.
77
c)
If the application for payment of the costs of indemnification is deemed
complete and otherwise satisfies all applicable requirements of this
Subpart F, the Agency shall forward the request for indemnification to the
Office of the Attorney General for review and approval in accordance with
Section 57.8(c) of the Act. The owner or operator’s request for
indemnification shall not be placed on the priority list for payment until
the Agency has received the written approval of the Attorney General.
The approved application for payment shall then enter the priority list
established at Section 734.615(e)(1) of this Part based on the date the
complete application was received by the Agency in accordance with
Section 57.8(c) of the Act.
d)
Costs ineligible for indemnification from the Fund include, but are not
limited to:
1)
Amounts an owner or operator is not legally obligated to pay
pursuant to a judgment entered against the owner or operator in
court of law, a final order or determination made against the owner
or operator by an agency of State government or any subdivision
thereof, or any settlement entered into by the owner or operator;
2)
Amounts of a judgment, final order, determination, or settlement
that do not arise out of bodily injury or property damage suffered
as a result of a release of petroleum from an underground storage
tank owned or operated by the owner or operator;
3)
Amounts incurred prior to July 28, 1989;
4)
Amounts incurred prior to notification of the release of petroleum
to IEMA in accordance with Section 734.210 of this Part;
5)
Amounts arising out of bodily injury or property damage suffered
as a result of a release of petroleum from an underground storage
tank for which the owner or operator is not eligible to access the
Fund;
6)
Legal fees or costs, including but not limited to legal fees or costs
for seeking payment under this Part unless the owner or operator
prevails before the Board and the Board authorizes payment of
such costs;
7)
Amounts associated with activities that violate any provision of the
Act or Board, OSFM, or Agency regulations;
8)
Amounts associated with investigative action, preventive action,
corrective action, or enforcement action taken by the State of
78
Illinois if the owner or operator failed, without sufficient cause, to
respond to a release or substantial threat of a release upon, or in
accordance with, a notice issued by the Agency pursuant to
Section 734.125 of this Part and Section 57.12 of the Act;
9)
Amounts associated with a release that has not been reported to
IEMA or is not required to be reported to IEMA;
10)
Amounts incurred on or after the date the owner or operator enters
the Site Remediation Program under Title XVII and 35 Ill. Adm.
Code 740 to address the UST release; and
11)
Amounts incurred prior to the effective date of the owner’s or
operator’s election to proceed in accordance with this Part.
Section 734.655
Costs Covered by Insurance, Agreement, or Court Order
Costs of corrective action or indemnification incurred by an owner or operator which
have been paid to an owner or operator under a policy of insurance, another written
agreement, or a court order are not eligible for payment
from the Fund.
An owner or
operator who receives payment under a policy of insurance, another written agreement,
or a court order shall reimburse the State to the extent such payment covers costs for
which payment was received from the Fund
[415 ILCS 5/57.8(e)].
Section 734.660
Determination and Collection of Excess Payments
a)
If, for any reason, the Agency determines that an excess payment has been
paid from the Fund, the Agency may take steps to collect the excess
amount pursuant to subsection (c) of this Section.
1)
Upon identifying an excess payment, the Agency shall notify the
owner or operator receiving the excess payment by certified or
registered mail, return receipt requested.
2)
The notification letter shall state the amount of the excess payment
and the basis for the Agency's determination that the payment is in
error.
3)
The Agency's determination of an excess payment shall be subject
to appeal to the Board in the manner provided for the review of
permit decisions in Section 40 of the Act.
b)
An excess payment from the Fund includes, but is not limited to:
1)
Payment for a non-corrective action cost;
79
2)
Payment in excess of the limitations on payments set forth in
Sections 734.620 and 734.635 and Subpart H of this Part;
3)
Payment received through fraudulent means;
4)
Payment calculated on the basis of an arithmetic error;
5)
Payment calculated by the Agency in reliance on incorrect
information; or
6)
Payment of costs that are not eligible for payment.
c)
Excess payments may be collected using any of the following procedures:
1)
Upon notification of the determination of an excess payment in
accordance with subsection (a) of this Section or pursuant to a
Board order affirming such determination upon appeal, the Agency
may attempt to negotiate a payment schedule with the owner or
operator. Nothing in this subsection (c)(1) of this Section shall
prohibit the Agency from exercising at any time its options at
subsection (c)(2) or (c)(3) of this Section or any other collection
methods available to the Agency by law.
2)
If an owner or operator submits a subsequent claim for payment
after previously receiving an excess payment from the Fund, the
Agency may deduct the excess payment amount from any
subsequently approved payment amount. If the amount
subsequently approved is insufficient to recover the entire amount
of the excess payment, the Agency may use the procedures in this
Section or any other collection methods available to the Agency by
law to collect the remainder.
3)
The Agency may deem an excess payment amount to be a claim or
debt owed the Agency, and the Agency may use the Comptroller's
Setoff System for collection of the claim or debt in accordance
with Section 10.5 of the "State Comptroller Act." 15 ILCS
405/10.05 (1993).
Section 734.665
Audits and Access to Records; Records Retention
The Agency has the authority to audit all data, reports, plans, documents and budgets
submitted pursuant to
Title XVI of the Act and this Part.
If the data, report, plan,
document or budget audited by the Agency pursuant to this Section fails to conform to all
applicable requirements of
Title XVI of the Act and this Part
, the Agency may take
appropriate actions.
[415 ILCS 5/57.15]
80
a)
Owners or operators that submit data, reports, plans, documents, or
budgets under this Part, and Licensed Professional Engineers and
Licensed Professional Geologists that certify such data, reports, plans,
documents, or budgets, shall maintain all books, records, documents, and
other evidence directly pertinent to the data, reports, plans, documents, or
budgets, including but not limited to all financial information and data
used in the preparation or support of applications for payment. All books,
records, documents, and other evidence shall be maintained in accordance
with accepted business practices and appropriate accounting procedures
and practices.
b)
The Agency or any of its duly authorized representatives shall have access
to the books, records, documents, and other evidence set forth in
subsection (a) of this Section during normal business hours for the
purpose of inspection, audit, and copying. Owners, operators, Licensed
Professional Engineers, and Licensed Professional Geologists shall
provide proper facilities for such access and inspection.
c)
Owners, operators, Licensed Professional Engineers, and Licensed
Professional Geologists shall maintain the books, records, documents, and
other evidence set forth in subsection (a) of this Section and make them
available to the Agency or its authorized representative until the latest of
the following:
1)
The expiration of 4 years after the date the Agency issues a No
Further Remediation Letter issued pursuant to Subpart G of this
Part;
2)
For books, records, documents, or other evidence relating to an
appeal, litigation, or other dispute or claim, the expiration of 3
years after the date of the final disposition of the appeal, litigation,
or other dispute or claim; or
3)
The expiration of any other applicable record retention period.
SUBPART G: NO FURTHER REMEDIATION LETTERS
AND RECORDING REQUIREMENTS
Section 734.700
General
Subpart G provides the procedures for the issuance of No Further Remediation Letters
under Title XVI and this Part. Subpart G also sets forth the recording requirements and
the circumstances under which the letter may be voidable.
Section 734.705
Issuance of a No Further Remediation Letter
81
a)
Upon approval by the Agency of a report submitted pursuant to Section
734.210(h)(3) of this Part or a corrective action completion report, the
Agency shall issue to the owner or operator a No Further Remediation
Letter. The No Further Remediation Letter shall have the legal effect
prescribed in Section 57.10 of the Act. The No Further Remediation
Letter shall be denied if the Agency rejects or requires modification of the
applicable report.
b)
The Agency shall have 120 days after the date of receipt of the applicable
report to issue a No Further Remediation Letter and may include the No
Further Remediation Letter as part of the notification of approval of the
report in accordance with Subpart E of this Part. If the Agency fails to
send the No Further Remediation Letter within 120 days, it shall be
deemed denied by operation of law.
c)
The notice of denial of a No Further Remediation Letter by the Agency
may be included with the notification of rejection or modification of the
applicable report. The reasons for the denial of the letter shall be stated in
the notification. The denial shall be considered a final determination
appealable to the Board within 35 days after the Agency's final action in
the manner provided for the review of permit decisions in Section 40 of
the Act. If any request for a No Further Remediation Letter is denied by
operation of law, in lieu of an immediate repeal to the Board the owner or
operator may either resubmit the request and applicable report to the
Agency or file a joint request for a 90 day extension in the manner
provided for extensions of permit decision in Section 40 of the Act.
d)
The Agency shall mail the No Further Remediation Letter by registered or
certified mail, post marked with a date stamp and with return receipt
requested. Final action shall be deemed to have taken place on the post
marked date that the letter is mailed.
e)
The Agency at any time may correct errors in No Further Remediation
Letters that arise from oversight, omission, or clerical mistake. Upon
correction of the No Further Remediation Letter, the Agency shall mail
the corrected letter to the owner or operator as set forth in subsection (d)
of this Section. The corrected letter shall be perfected by recording in
accordance with the requirements of Section 734.715 of this Part.
Section 734.710
Contents of a No Further Remediation Letter
A No Further Remediation Letter issued pursuant to this Part shall include all of the
following:
a)
An acknowledgment that the requirements of the applicable report were
satisfied;
82
b)
A description of the location of the affected property by adequate legal
description or by reference to a plat showing its boundaries, or, for the
purposes of Section 734.715(d) of this Part, other means sufficient to
identify the site location with particularity;
c)
A statement that the remediation objectives were determined in
accordance with 35 Ill. Adm. Code 742, and the identification of any land
use limitation, as applicable, required by 35 Ill. Adm. Code 742 as a
condition of the remediation objectives;
d)
A statement that the Agency's issuance of the No Further Remediation
Letter signifies that:
1)
All statutory and regulatory corrective action requirements
applicable to the occurrence have been complied with;
2)
All corrective action concerning the remediation of the occurrence
has been completed; and
3)
No further corrective action concerning the occurrence is
necessary for the protection of human health, safety and the
environment
, or, if the No Further Remediation Letter is issued
pursuant to Section 734.350(e) of this Part, that the owner or
operator has demonstrated to the Agency’s satisfaction an inability
to obtain access to an off-site property despite best efforts and
therefore is not required to perform corrective action on the off-site
property in order to satisfy the corrective action requirements of
this Part, but is not relieved of responsibility to clean up portions
of the release that have migrated off-site. [415 ILCS
5/57.10(c)(1)-(3)]
e)
The prohibition under Section 734.715(e) of this Part against the use of
any site in a manner inconsistent with any applicable land use limitation,
without additional appropriate remedial activities;
f)
A description of any approved preventive, engineering, and institutional
controls identified in the plan or report and notification that failure to
manage the controls in full compliance with the terms of the plan or report
may result in voidance of the No Further Remediation Letter;
g)
The recording obligations pursuant to Section 734.715 of this Part;
h)
The opportunity to request a change in the recorded land use pursuant to
Section 734.715(e) of this Part;
83
i)
Notification that further information regarding the site can be obtained
from the Agency through a request under the Freedom of Information Act
[5 ILCS 140]; and
j)
Any other provisions agreed to by the Agency and the owner or operator.
Section 734.715
Duty to Record a No Further Remediation Letter
a)
Except as provided in subsections (c) and (d) of this Section, an owner or
operator receiving a No Further Remediation Letter from the Agency
pursuant to this Subpart G shall submit the letter, with a copy of any
applicable institutional controls (as set forth in 35 Ill. Adm. Code 742,
Subpart J) proposed as part of a corrective action completion report, to the
Office of the Recorder or the Registrar of Titles of the county in which the
site is located within 45 days after receipt of the letter. The letter and any
attachments shall be filed in accordance with Illinois law so that they form
a permanent part of the chain of title for the site. Upon the lapse of the 45
day period for recording, pursuant to Section 734.720(a)(5) of this Part the
Agency may void an unrecorded No Further Remediation Letter for
failure to record it in a timely manner.
b)
Except as provided in subsections (c) and (d) of this Section, a No Further
Remediation Letter shall be perfected upon the date of the official
recording of such letter. The owner or operator shall obtain and submit to
the Agency, within 30 days after the official recording date, a certified or
otherwise accurate and official copy of the letter and any attachments as
recorded. An unperfected No Further Remediation Letter is effective only
as between the Agency and the owner or operator.
c)
For sites located in a highway authority right-of-way, the following
requirements shall apply:
1)
In order for the No Further Remediation Letter to be perfected, the
highway authority with jurisdiction over the right-of-way must
enter into a Memorandum of Agreement (MOA) with the Agency.
The MOA must include, but is not limited to:
A)
The name of the site, if any, and any highway authority or
Agency identifiers (e.g., incident number, Illinois inventory
identification number);
B)
The address of the site (or other description sufficient to
identify the location of the site with certainty);
C)
A copy of the No Further Remediation Letter for each site
subject to the MOA;
84
D)
Procedures for tracking sites subject to the MOA so that all
highway authority offices and personnel whose
responsibilities (e.g., land acquisition, maintenance,
construction, utility permits) may affect land use
limitations will have notice of any environmental concerns
and land use limitations applicable to a site;
E)
Provisions addressing future conveyances (including title
or any lesser form of interest) or jurisdictional transfers of
the site to any other agency, private person or entity and the
steps that will be taken to ensure the long-term integrity of
any land use limitations including, but not limited to, the
following:
i)
Upon creation of a deed, the recording of the No
Further Remediation Letter and any other land use
limitations requiring recording under 35 Ill. Adm.
Code 742, with copies of the recorded instruments
sent to the Agency within 30 days after recording;
ii)
Any other arrangements necessary to ensure that
property that is conveyed or transferred remains
subject to any land use limitations approved and
implemented as part of the corrective action plan
and the No Further Remediation Letter; and
iii)
Notice to the Agency at least 60 days prior to any
such intended conveyance or transfer indicating the
mechanism(s) to be used to ensure that any land use
limitations will be operated or maintained as
required in the corrective action plan and No
Further Remediation Letter; and
F)
Provisions for notifying the Agency if any actions taken by
the highway authority or its permittees at the site result in
the failure or inability to restore the site to meet the
requirements of the corrective action plan and the No
Further Remediation Letter.
2)
Failure to comply with the requirements of this subsection (c) may
result in voidance of the No Further Remediation Letter pursuant
to Section 734.720 of this Part as well as any other penalties that
may be available.
d)
For sites located on Federally Owned Property for which the Federal
85
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
the site subject to the No Further Remediation Letter. Such
identification shall be by means of common address,
notations in any available facility master land use plan, site
specific GIS or GPS coordinates, plat maps, or any other
means that identify the site in question with particularity;
B)
Implement periodic site inspection procedures that ensure
oversight by the Federal Landholding Entities of any land
use limitations or restrictions imposed pursuant to the No
Further Remediation Letter;
C)
Implement procedures for the Federal Landholding Entities
to periodically advise the Agency of continued compliance
with all maintenance and inspection requirements set forth
in the LUC MOA;
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 of a
conveyance by deed or fee simple title, by the Federal
Landholding Entities, of the site or sites subject to the No
Further Remediation Letter, to any entity that will not
remain or become a Federal Landholding Entity, and
provide the Agency with information about how the
Federal Landholding Entities will ensure the No Further
Remediation Letter is recorded on the chain of title upon
transfer of the property; and
F)
Attach to the LUC MOA a copy of the No Further
Remediation Letter for each site subject to the LUC MOA.
86
2)
To perfect a No Further Remediation letter containing no
restriction(s) on future land use, the Federal Landholding Entity
shall submit the letter to the Office of the Recorder or the Registrar
of Titles of the county in which the site is located within 45 days
after receipt of the letter. The letter shall be filed in accordance
with Illinois law so it forms a permanent part of the chain of title.
The Federal Landholding Entity shall obtain and submit to the
Agency, within 30 days after recording, a copy of the letter
demonstrating that the recording requirements have been satisfied.
3)
Failure to comply with the requirements of this subsection (d) and
the LUC MOA may result in voidance of the No Further
Remediation Letter as well as any other penalties that may be
available.
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 of a subsequent
No Further Remediation Letter, issued pursuant to Title XVII of the Act
and regulations thereunder, following further investigation or remediation
that demonstrates the attainment of objectives appropriate for the new land
use.
Section 734.720
Voidance of a No Further Remediation Letter
a)
The No Further Remediation Letter shall be voidable if site activities are
not carried out in full compliance with the provisions of this Part, and 35
Ill. Adm. Code 742 where applicable, or the remediation objectives upon
which the issuance of the No Further Remediation Letter was based.
Specific acts or omissions that may result in voidance of the No Further
Remediation Letter include, but shall not be limited to:
1)
Any violations of institutional controls or land use restrictions, if
applicable;
2)
The failure of the owner or operator or any subsequent transferee
to operate and maintain preventive, engineering, and institutional
controls;
3)
Obtaining the No Further Remediation Letter by fraud or
misrepresentation;
87
4)
Subsequent discovery of indicator contaminants related to the
occurrence upon which the No Further Remediation Letter was
based that:
A)
were not identified as part of the investigative or remedial
activities upon which the issuance of the No Further
Remediation Letter was based;
B)
results in the failure to meet the remediation objectives
established for the site; and
C)
pose a threat to human health or the environment;
5)
Upon the lapse of the 45 day period for recording the No Further
Remediation Letter, the failure to record and thereby perfect the
No Further Remediation Letter in a timely manner;
6)
The disturbance or removal of contamination left in place under an
approved plan;
7)
The failure to comply with the requirements of Section 734.715(c)
of this Part and the Memorandum of Agreement entered in
accordance with Section 734.715(c) of this Part for a site that is
located in a highway authority right-of-way;
8)
The failure to comply with the requirements of Section 734.715(d)
of this Part and the LUC MOA entered in accordance with Section
734.715(d) of this Part for a site located on Federally Owned
Property for which the Federal Landholding Entity does not have
the authority under federal law to record institutional controls on
the chain of title;
9)
The failure to comply with the requirements of Section 734.715(d)
of this Part or the failure to record a No Further Remediation
Letter perfected in accordance with Section 734.715(d) of this Part
within 45 days following the transfer of the Federally Owned
Property subject to the No Further Remediation Letter to any entity
that will not remain or become a Federal Landholding Entity; or
10)
The failure to comply with the notice or confirmation requirements
of 35 Ill. Adm. Code 742.1015(b)(5) and (c).
b)
If the Agency seeks to void a No Further Remediation Letter, it shall
provide a Notice of Voidance to the current title holder of the site and the
owner or operator at his or her last known address.
88
1)
The Notice of Voidance shall specify the cause for the voidance
and describe the facts in support of the cause.
2)
The Agency shall mail Notices of Voidance by registered or
certified mail, date stamped with return receipt requested.
c)
Within 35 days after receipt of the Notice of Voidance, the current title
holder and owner or operator of the site at the time the No Further
Remediation Letter was issued may appeal the Agency's decision to the
Board in the manner provided for the review of permit decisions in
Section 40 of the Act.
d)
If the Board fails to take final action within 120 days, unless such time
period is waived by the petitioner, the petition shall be deemed denied and
the petitioner shall be entitled to an appellate court order pursuant to
subsection (d) of Section 41 of the Act. The Agency shall have the burden
of proof in such action.
1)
If the Agency's action is appealed, the action shall not become
effective until the appeal process has been exhausted and a final
decision is reached by the Board or courts.
A)
Upon receiving a notice of appeal, the Agency shall file a
Notice of lis pendens with the Office of the Recorder or the
Registrar of Titles for the county in which the site is
located. The notice shall be filed in accordance with
Illinois law so that it becomes a part of the chain of title for
the site.
B)
If the Agency's action is not upheld on appeal, the Notice
of lis pendens shall be removed in accordance with Illinois
law within 45 days after receipt of the final decision of the
Board or the courts.
2)
If the Agency's action is not appealed or is upheld on appeal, the
Agency shall submit the Notice of Voidance to the Office of the
Recorder or the Registrar of Titles for the county in which the site
is located. The Notice shall be filed in accordance with Illinois
law so that it forms a permanent part of the chain of title for the
site.
SUBPART H: MAXIMUM PAYMENT AMOUNTS
Section 734.800
Applicability
89
a)
This Subpart H divides all activities conducted pursuant to this Part into
tasks and sets forth the maximum total amount an owner or operator can
be paid from the Fund for all costs associated with each task. Payments to
owners or operators shall not exceed the amounts set forth in this Subpart
H.
b)
The costs listed under a particular task identify only some of the costs
associated with the task; they are not intended as an exclusive list of all
costs associated with the task for purposes of payment from the Fund.
c)
This Subpart H sets forth only the maximum amounts that may be paid
from the Fund for eligible costs. Whether a particular cost is eligible for
payment shall be determined under Subpart F of this Part.
Section 734.810
UST Removal or Abandonment Costs
Payment for costs associated with UST removal or abandonment of each UST shall not
exceed the amounts set forth in this Section. Such costs shall include, but not be limited
to, those associated with the excavation, removal, disposal, and abandonment of UST
systems.
UST Volume
Maximum Total Amount per UST
110 – 999 gallons
$2,100.00
1,000 – 14,999 gallons
$3,150.00
15,000 or more gallons
$4,100.00
Section 734.815
Free Product or Groundwater Removal and Disposal
Payment for costs associated with the removal and disposal of free product or
groundwater shall not exceed the amounts set forth in this Section. Such costs shall
include, but not be limited to, those associated with the removal, transportation, and
disposal of free product or groundwater, and the design, construction, installation,
operation, maintenance, and closure of free product or groundwater removal systems.
a)
Payment for costs associated with each round of free product or
groundwater removal via hand bailing or a vacuum truck shall not exceed
a total of $0.68 per gallon or $200.00, whichever is greater.
b)
Payment for costs associated with the removal of free product or
groundwater via a method other than hand bailing or vacuum truck shall
be determined on a time and materials basis and shall not exceed the
amounts set forth in Section 734.850 of this Part. Such costs shall include,
but not be limited to, those associated with the design, construction,
installation, operation, maintenance, and closure of free product removal
systems.
90
Section 734.820
Drilling, Well Installation, and Well Abandonment
Payment for costs associated with drilling, well installation, and well abandonment shall
not exceed the amounts set forth in this Section, excluding drilling conducted as part of
free product removal or an alternative technology. Payment for costs associated with
drilling conducted as part of free product removal or an alternative technology shall be
determined in accordance with Section 734.850 of this Part instead of this Section.
a)
Payment for costs associated with each round of drilling shall not exceed
the following amounts. Such costs shall include, but not be limited to,
those associated with mobilization, drilling labor, decontamination, and
drilling for the purposes of soil sampling or well installation.
Type of Drilling
Maximum Total Amount
Hollow-stem auger
greater of $23.00 per foot or $1,500.00
Direct-push platform
greater of $18.00 per foot or $1,200.00
b)
Payment for costs associated with the installation of monitoring wells,
excluding drilling, shall not exceed the following amounts. Such costs
shall include, but not be limited to, those associated with well construction
and development.
Type of Borehole
Maximum Total Amount
Hollow-stem auger
$16.50/foot (well length)
Direct-push platform
$12.50/foot (well length)
c)
Payment for costs associated with the abandonment of monitoring wells
shall not exceed $1.50 per foot of well length.
Section 734.825
Soil Removal and Disposal
Payment for costs associated with soil removal, transportation, and disposal shall not
exceed the amounts set forth in this Section. Such costs shall include, but not be limited
to, those associated with the removal, transportation, and disposal of contaminated soil
exceeding the applicable remediation objectives or visibly contaminated fill removed
pursuant to Section 734.210(f) of this Part, and the purchase, transportation, and
placement of material used to backfill the resulting excavation.
a)
Payment for costs associated with the removal, transportation, and
disposal of contaminated soil exceeding the applicable remediation
objectives, visibly contaminated fill removed pursuant to Section
732.210(f) of this Part, and concrete, asphalt, or paving overlying such
contaminated soil or fill shall not exceed a total of $57.00 per cubic yard.
1)
Except as provided in subsection (a)(2) of this Section, the volume
of soil removed and disposed shall be determined by the following
91
equation using the dimensions of the resulting excavation:
(Excavation Length x Excavation Width x Excavation Depth) x
1.05. A conversion factor of 1.5 tons per cubic yard shall be used
to convert tons to cubic yards.
2)
The volume of soil removed from within four feet of the outside
dimension of the UST and disposed of pursuant to Section
734.210(f) of this Part shall be determined in accordance with
Section 734.Appendix C of this Part.
b)
Payment for costs associated with the purchase, transportation, and
placement of material used to backfill the excavation resulting from the
removal and disposal of soil shall not exceed a total of $20.00 per cubic
yard.
1)
Except as provided in subsection (b)(2) of this Section, the volume
of backfill material shall be determined by the following equation
using the dimensions of the backfilled excavation: (Excavation
Length x Excavation Width x Excavation Depth) x 1.05. A
conversion factor of 1.5 tons per cubic yard shall be used to
convert tons to cubic yards.
2)
The volume of backfill material used to replace soil removed from
within four feet of the outside dimension of the UST and disposed
of pursuant to Section 734.210(f) of this Part shall be determined
in accordance with Section 734.Appendix C of this Part.
c)
Payment for costs associated with the removal and subsequent return of
soil that does not exceed the applicable remediation objectives but whose
removal is required in order to conduct corrective action shall not exceed a
total of $6.50 per cubic yard. The volume of soil removed and returned
shall be determined by the following equation using the dimensions of the
excavation resulting from the removal of the soil: (Excavation Length x
Excavation Width x Excavation Depth). A conversion factor of 1.5 tons
per cubic yard shall be used to convert tons to cubic yards.
Section 734.830
Drum Disposal
Payment for costs associated with the purchase, transportation, and disposal of 55-gallon
drums containing waste generated as a result of corrective action (e.g., boring cuttings,
water bailed for well development or sampling, hand-bailed free product) shall not
exceed the following amounts or a total of $500.00, whichever is greater.
Drum Contents
Maximum Total Amount per Drum
Solid waste
$250.00
Liquid waste
$150.00
92
Section 734.835
Sample Handling and Analysis
Payment for costs associated with sample handling and analysis shall not exceed the
amounts set forth in Section 734.Appendix D of this Part. Such costs shall include, but
not be limited to, those associated with the transportation, delivery, preparation, and
analysis of samples, and the reporting of sample results. For laboratory analyses not
included in this Section, the Agency may determine reasonable maximum payment
amounts on a site-specific basis.
Section 734.840
Replacement of Concrete, Asphalt, or Paving; Destruction or
Dismantling and Reassembly of Above Grade Structures
a)
Payment for costs associated with the replacement of concrete, asphalt, or
paving shall not exceed the following amounts:
Depth of Replacement Material
Maximum Total Amount
per Square Foot
Two inches of asphalt or paving
$1.51
Three inches of asphalt or paving
$1.70
Four inches of concrete, asphalt, or paving $2.18
For depths other than those listed above, the Agency shall determine
reasonable maximum payment amounts on a site-specific basis.
b)
Payment for costs associated with the destruction or the dismantling and
reassembly of above grade structures shall not exceed the time and
material amounts set forth in Section 734.850 of this Part. The total cost
for the destruction or the dismantling and reassembly of above grade
structures shall not exceed $10,000.00 per site.
Section 734.845
Professional Consulting Services
Payment for costs associated with professional consulting services shall not exceed the
amounts set forth in this Section. Such costs shall include, but not be limited to, those
associated with project planning and oversight; field work, field oversight; travel; per
diem; mileage; transportation; and the preparation, review, certification, and submission
of all plans, budgets, reports, applications for payment, and other documentation.
a)
Early Action and Free Product Removal. Payment of costs for
professional consulting services associated with early action and free
product removal activities conducted pursuant to Subpart B of this Part
shall not exceed the following amounts:
1)
Payment for costs associated with preparation for the abandonment
or removal of USTs shall not exceed a total of $960.00.
93
2)
Payment for costs associated with early action field work and field
oversight shall not exceed a total of $500.00 per half-day. The
number of half-days shall not exceed the following:
A)
If one or more USTs are removed, one half-day plus up to
one half-day for each 250 cubic yards, or fraction thereof,
of visibly contaminated fill material removed and disposed
of in accordance with 734.210(f);
B)
If one or more USTs remain in place, one half-day for
every four soil borings, or fraction thereof, drilled pursuant
to Section 732.210(h)(2) of this Part; and
C)
One half-day if a UST line release is repaired.
3)
Payment for costs associated with the preparation and submission
of 20-day and 45-day reports, including, but not limited to, field
work not covered by subsection (a)(2) of this Section, shall not
exceed a total of $4,800.00.
4)
Payment for costs associated with the preparation and submission
of free product removal plans and the installation of free product
removal systems shall be determined on a time and materials basis
and shall not exceed the amounts set forth in Section 734.850 of
this Part.
5)
Payment for costs associated with the field work and field
oversight for free product removal shall not exceed a total of
$500.00 per half-day. The Agency shall determine the reasonable
number of half-days on a site-specific basis.
6)
Payment for costs associated with the preparation and submission
of free product removal reports shall not exceed a total of
$1,600.00 per report.
7)
Payment for costs associated with the preparation and submission
of reports submitted pursuant to Section 734.210(h)(3) of this Part
shall not exceed a total of $500.00.
b)
Site Investigation. Payment of costs for professional consulting services
associated with site investigation activities conducted pursuant to Subpart
C of this Part shall not exceed the following amounts:
94
1)
Payment for costs associated with Stage 1 site investigation
preparation, field work, and field oversight shall not exceed a total
of $3,200.00.
2)
Payment for costs associated with the preparation and submission
of Stage 2 site investigation plans shall not exceed a total of
$3,200.00.
3)
Payment for costs associated with Stage 2 field work and field
oversight shall not exceed $500.00 per half-day. The number of
half-days shall not exceed the following:
A)
One half-day for every four soil borings, or fraction
thereof, drilled as part of the Stage 2 site investigation but
not used for the installation of monitoring wells. Borings
in which monitoring wells are installed shall be included in
subsection (b)(3)(B) of this Section instead of this
subsection (b)(3)(A); and
B)
One half-day for each monitoring well installed as part of
the Stage 2 site investigation.
4)
Payment for costs associated with the preparation and submission
of Stage 3 site investigation plans shall not exceed a total of
$3,200.00.
5)
Payment for costs associated with Stage 3 field work and field
oversight shall not exceed $500.00 per half-day. The number of
half-days shall not exceed the following:
A)
One half-day for every four soil borings, or fraction
thereof, drilled as part of the Stage 3 site investigation but
not used for the installation of monitoring wells. Borings
in which monitoring wells are installed shall be included in
subsection (b)(5)(B) of this Section instead of this
subsection (b)(5)(A); and
B)
One half-day for each monitoring well installed as part of
the Stage 3 site investigation.
6)
Payment for costs associated with the preparation and submission
of site investigation completion reports shall not exceed a total of
$1,600.00.
95
c)
Corrective Action. Payment of costs for professional consulting services
associated with corrective action activities conducted pursuant to Subpart
C of this Part shall not exceed the following amounts:
1)
For conventional technology, payment for costs associated with the
preparation and submission of corrective action plans shall not
exceed a total of $5,120.00. For alternative technologies, payment
for costs shall be determined on a time and materials basis and
shall not exceed the amounts set forth in Section 734.850 of this
Part.
2)
Payment for costs associated with corrective action field work and
field oversight shall not exceed the following amounts:
A)
For conventional technology, a total of $500.00 per half-
day, not to exceed one half-day for each 250 cubic yards, or
fraction thereof, of soil removed and disposed.
B)
For alternative technologies, payment for costs shall be
determined on a time and materials basis and shall not
exceed the amounts set forth in Section 734.850 of this
Part.
3)
Payment for costs associated with the development of remediation
objectives other than Tier 1 remediation objectives pursuant to 35
Ill. Adm. Code 742 shall not exceed a total of $800.00.
4)
Payment for costs associated with Environmental Land Use
Controls and Highway Authority Agreements used as institutional
controls pursuant to 35 Ill. Adm. Code 742 shall not exceed
$800.00 per Environmental Land Use Control or Highway
Authority Agreement.
5)
Payment for costs associated with the preparation and submission
of corrective action completion reports shall not exceed a total of
$5,120.00.
Section 734.850
Payment on Time and Materials Basis
This Section sets forth the maximum amounts that may be paid when payment is allowed
on a time and materials basis.
a)
Payment for costs associated with activities that have a maximum
payment amount set forth in other sections of this Subpart H (e.g, sample
handling and analysis, drilling, well installation and abandonment, drum
disposal, or consulting fees for plans, field work, field oversight, and
96
reports) shall not exceed the amounts set forth in those Sections, unless
payment is made pursuant to Section 734.855 of this Part.
b)
Maximum payments amounts for costs associated with activities that do
not have a maximum payment amount set forth in other sections of this
Subpart H shall be determined by the Agency on a site-specific basis,
provided, however, that personnel costs shall not exceed the amounts set
forth in Section 734.Appendix E of this Part. Personnel costs shall be
based upon the work being performed, regardless of the title of the person
performing the work. Owners and operators seeking payment shall
demonstrate to the Agency that the amounts sought are reasonable.
BOARD NOTE: Alternative technology costs in excess of the costs of conventional
technology are ineligible for payment from the Fund. See Sections 734.340(b) and
734.630(z) of this Part.
Section 734.855
Unusual or Extraordinary Expenses
If an owner or operator incurs unusual or extraordinary expenses that cause costs eligible
for payment to substantially exceed the amounts set forth in this Subpart H, the Agency
may determine maximum payment amounts for the expenses on a site-specific basis.
Owners and operators seeking payment for unusual or extraordinary expenses shall
demonstrate to the Agency that such expenses are unavoidable, reasonable, and necessary
in order to satisfy the requirements of this Part.
Section 734.860
Handling Charges
Payment of handling charges shall not exceed the amounts set forth in Section 734.635 of
this Part.
Section 734.865
Agency Review of Payment Amounts
No less than every two years the Agency shall review the provisions of this Subpart H.
As part of its review the Agency shall determine whether the amounts set forth in this
Subpart H generally reflect prevailing market rates. If, as a result of the review, the
Agency determines that the amounts set forth in this Subpart H no longer generally
reflect prevailing market rates, it shall propose appropriate amendments to the Board.
Section 734.APPENDIX A Indicator Contaminants
97
TANK CONTENTS
INDICATOR CONTAMINANTS
GASOLINE
leaded(1), unleaded, premium and gasohol
benzene
ethylbenzene
toluene
xylene
Methyl tertiary butyl ether (MTBE)
MIDDLE DISTILLATE AND HEAVY ENDS
aviation turbine fuels(1)
jet fuels
benzene
ethylbenzene
toluene
xylene
diesel fuels
acenaphthene
gas turbine fuel oils
anthracene
heating fuel oils
benzo(a)anthracene
illuminating oils
benzo(a)pyrene
Kerosene
benzo(b)fluoranthene
Lubricants
benzo(k)fluoranthene
liquid asphalt and dust laying oils
chrysene
cable oils
dibenzo(a,h)anthracene
crude oil, crude oil fractions
fluoranthene
petroleum feedstocks
fluorene
petroleum fractions
indeno(1,2,3-c,d)pyrene
heavy oils
naphthalene
transformer oils(2)
pyrene
hydraulic fluids(3)
Acenaphthylene
petroleum spirits(4)
Benzo(g,h,i)perylene
mineral spirits(4), Stoddard solvents(4)
Phenanthrene
high-flash aromatic naphthas(4)
VM&P naphthas(4)
moderately volatile hydrocarbon solvents(4)
petroleum extender oils(4)
USED OIL
Screening sample(5)
(1)
lead is also an indicator contaminant
(2)
the polychlorinated biphenyl parameters listed in Appendix B are also indicator
contaminants
(3)
barium is also an indicator contaminant
(4)
the volatile, base/neutral and polynuclear aromatic parameters listed in Appendix
B are also indicator contaminants
98
(5)
used oil indicator contaminants shall be based on the results of a used oil soil
sample analysis - refer to Section 734.405(g) of this Part
Section 734.APPENDIX B Additional Parameters
Volatiles
1.
Benzene
2.
Bromoform
3.
Carbon tetrachloride
4.
Chlorobenzene
5.
Chloroform
6.
Dichlorobromomethane
7.
1,2-Dichloroethane
8.
1,1-Dichloroethene
9.
cis-1,2-Dichloroethylene
10.
Trans-1,2-Dichloroethylene
11.
Dichloromethane (Methylene chloride)
12.
1,2-Dichloropropane
13.
1,3-Dichloropropylene (cis + trans)
14.
Ethylbenzene
15.
Styrene
16.
Tetrachloroethylene
17.
Toluene
18.
1,1,1-Trichloroethane
19.
1,1,2-Trichloroethane
20.
Trichloroethylene
21.
Vinyl chloride
22.
Xylenes (total)
Base/Neutrals
1.
Bis(2-chloroethyl)ether
2.
Bis(2-ethylhexyl)phthalate
3.
1,2-Dichlorobenzene
4.
1,4-Dichlorobenzene
5.
Hexachlorobenzene
6.
Hexachlorocyclopentadiene
7.
n
-Nitrosodi-
n
-propylamine
8.
n
-Nitrosodiphenylamine
9.
1,2,4-Trichlorobenzene
Polynuclear Aromatics
1.
Acenaphthene
2.
Anthracene
3.
Benzo(a)anthracene
4.
Benzo(a)pyrene
5.
Benzo(b)fluoranthene
99
6.
Benzo(k)fluoranthene
7.
Chrysene
8.
Dibenzo(a,h)anthracene
9.
Fluoranthene
10.
Fluorene
11.
Indeno(1,2,3-c,d)pyrene
12.
Naphthalene
13.
Pyrene
14.
Acenaphthylene
15.
Benzo(g,h,i)perylene
16.
Phenanthrene
Metals (total inorganic and organic forms)
1.
Arsenic
2.
Barium
3.
Cadmium
4.
Chromium (total)
5.
Lead
6.
Mercury
7.
Selenium
Polychlorinated Biphenyls
1.
Polychlorinated Biphenyls
(as Decachlorobiphenyl)
100
Section 734.APPENDIX C Backfill Volumes
Volume of Tank in Gallons
Maximum amount of backfill
material to be removed:
Cubic yards
Maximum amount of backfill
material to be replaced:
Cubic yards
<285
285 to 299
300 to 559
560 to 999
1000 to 1049
1050 to 1149
1150 to 1999
2000 to 2499
2500 to 2999
3000 to 3999
4000 to 4999
5000 to 5999
6000 to 7499
7500 to 8299
8300 to 9999
10,000 to 11,999
12,000 to 14,999
>15,000
54
55
56
67
81
89
94
112
128
143
175
189
198
206
219
252
286
345
56
57
58
70
87
96
101
124
143
161
198
219
235
250
268
312
357
420
A conversion factor of 1.5 tons per cubic yard shall be used to convert tons to cubic
yards.
Section 734.APPENDIX D Sample Handling and Analysis
Max. Total Amount
per Sample
Chemical
BETX Soil with MTBE (EPA 8260)
$85.00
BETX Water with MTBE (EPA 8260)
$81.00
COD (Chemical Oxygen Demand)
$30.00
Corrosivity
$15.00
Flash Point or Ignitability Analysis EPA 1010
$33.00
FOC (Fraction Organic Carbon)
$38.00
Fat, Oil, & Grease (FOG)
$60.00
LUST Pollutants Soil - analysis must include all volatile,
base/neutral, polynuclear aromatic, and metal parameters listed
in Section 734.AppendixB of this Part
$693.00
Organic Carbon (ASTM-D 2974-87)
$33.00
101
Dissolved Oxygen (DO)
$24.00
Paint Filter (Free Liquids)
$14.00
PCB / Pesticides (combination)
$222.00
PCBs
$111.00
Pesticides
$140.00
PH
$14.00
Phenol
$34.00
Polynuclear Aromatics PNA, or PAH SOIL EPA 8270
$152.00
Polynuclear Aromatics PNA, or PAH WATER EPA 8270
$152.00
Reactivity
$68.00
SVOC - Soil (Semi-volatile Organic Compounds)
$313.00
SVOC - Water (Semi-volatile Organic Compounds)
$313.00
TKN (Total Kjeldahl) "nitrogen"
$44.00
TOC (Total Organic Carbon) EPA 9060A
$31.00
TPH (Total Petroleum Hydrocarbons)
$122.00
VOC (Volatile Organic Compound) - Soil (Non-Aqueous)
$175.00
VOC (Volatile Organic Compound) - Water
$169.00
Geo-Technical
Bulk Density ASTM D4292 / D2937
$22.00
Ex-Situ Hydraulic Conductivity / Permeability
$255.00
Moisture Content ASTM D2216-90 / D4643-87
$12.00
Porosity
$30.00
Rock Hydraulic Conductivity Ex-Situ
$350.00
Sieve / Particle Size Analysis ASTM D422-63 / D1140-54
$145.00
Soil Classification ASTM D2488-90 / D2487-90
$68.00
Metals
Arsenic TCLP Soil
$16.00
Arsenic Total Soil
$16.00
Arsenic Water
$18.00
Barium TCLP Soil
$10.00
Barium Total Soil
$10.00
Barium Water
$12.00
Cadmium TCLP Soil
$16.00
Cadmium Total Soil
$16.00
Cadmium Water
$18.00
Chromium TCLP Soil
$10.00
Chromium Total Soil
$10.00
Chromium Water
$12.00
Cyanide TCLP Soil
$28.00
Cyanide Total Soil
$34.00
Cyanide Water
$34.00
102
Iron TCLP Soil
$10.00
Iron Total Soil
$10.00
Iron Water
$12.00
Lead TCLP Soil
$16.00
Lead Total Soil
$16.00
Lead Water
$18.00
Mercury TCLP Soil
$19.00
Mercury Total Soil
$10.00
Mercury Water
$26.00
Selenium TCLP Soil
$16.00
Selenium Total Soil
$16.00
Selenium Water
$15.00
Silver TCLP Soil
$10.00
Silver Total Soil
$10.00
Silver Water
$12.00
Metals TCLP Soil (a combination of all RCRA metals)
$103.00
Metals Total Soil (a combination of all RCRA metals)
$94.00
Metals Water (a combination of all RCRA metals)
$119.00
Soil preparation for Metals TCLP Soil (one fee per sample)
$79.00
Soil preparation for Metals Total Soil (one fee per sample)
$16.00
Water preparation for Metals Water (one fee per sample)
$11.00
Other
En Core® Sampler, purge-and-trap sampler, or equivalent
sampling device
$10.00
Sample Shipping (*maximum total amount for shipping all
samples collected in a calendar day)
$50.00*
Section 734.APPENDIX E Personnel Titles and Rates
Title
Degree Required
Ill.
License
Req’d.
Min. Yrs.
Experience
Max.
Hourly
Rate
Engineer I
Engineer II
Engineer III
Professional Engineer
Senior Prof. Engineer
Bachelor’s in Engineering
Bachelor’s in Engineering
Bachelor’s in Engineering
Bachelor’s in Engineering
Bachelor’s in Engineering
None
None
None
P.E.
P.E.
0
2
4
4
8
$70.00
$80.00
$100.00
$110.00
$130.00
Geologist I
Geologist II
Geologist III
Professional Geologist
Senior Prof. Geologist
Bachelor’s in Geology or Hydrogeology
Bachelor’s in Geology or Hydrogeology
Bachelor’s in Geology or Hydrogeology
Bachelor’s in Geology or Hydrogeology
Bachelor’s in Geology or Hydrogeology
None
None
None
P.G.
P.G.
0
2
4
4
8
$60.00
$70.00
$85.00
$90.00
$110.00
Scientist I
Bachelor’s in a Natural or Physical Science
None
0
$60.00
103
Scientist II
Scientist III
Scientist IV
Senior Scientist
Bachelor’s in a Natural or Physical Science
Bachelor’s in a Natural or Physical Science
Bachelor’s in a Natural or Physical Science
Bachelor’s in a Natural or Physical Science
None
None
None
None
2
4
6
8
$65.00
$70.00
$75.00
$85.00
Project Manager
Senior Project Manager
None
None
None
None
8
1
12
1
$90.00
$100.00
Technician I
Technician II
Technician III
Technician IV
Senior Technician
None
None
None
None
None
None
None
None
None
None
0
2
1
4
1
6
1
8
1
$45.00
$50.00
$55.00
$60.00
$65.00
Account Technician I
Account Technician II
Account Technician III
Account Technician IV
Senior Acct. Technician
None
None
None
None
None
None
None
None
None
None
0
2
2
4
2
6
2
8
2
$35.00
$40.00
$45.00
$50.00
$55.00
Administrative Assistant I
Administrative Assistant II
Administrative Assistant III
Administrative Assistant IV
Senior Admin. Assistant
None
None
None
None
None
None
None
None
None
None
0
2
3
4
3
6
3
8
3
$25.00
$30.00
$35.00
$40.00
$45.00
Draftperson/CAD I
Draftperson/CAD II
Draftperson/CAD III
Draftperson/CAD IV
Senior Draftperson/CAD
None
None
None
None
None
None
None
None
None
None
0
2
4
4
4
6
4
8
4
$40.00
$45.00
$50.00
$55.00
$60.00
1
Equivalent work-related or college level education with significant coursework in the
physical, life, or environmental sciences can be substituted for all or part of the specified
experience requirements.
2
Equivalent work-related or college level education with significant coursework in
accounting or business can be substituted for all or part of the specified experience
requirements.
3
Equivalent work-related or college level education with significant coursework in
administrative or secretarial services can be substituted for all or part of the specified
experience requirements.
4
Equivalent work-related or college level education with significant coursework in drafting
or computer aided design (“CAD”) can be substituted for all or part of the specified
experience requirements.
104
