ILLINOIS POLLUTION

CONTROL BOARD

September

15,

1994

IN THE MATTER

OF:

)

)

REGULATION OF

PETROLEUM

)

LEAKING UNDERGROUND

STORAGE

TANKS

)

R94-2(A)

(35

ILL. ADM.

CODE 732)

)

(Rulemaking)

(Pursuant to P.A.

88-496)

)

Adopted

Rule.

Final Order.

OPINION

AND ORDER

(by C.A.

Manning,

M.

McFawn,

and

1.

Theodore Meyer):

This matter is before

the Board

for final adoption of Illinois’

petroleum

leaking

underground

storage tank regulations.

After consultation

with

the Underground

Storage Tank

Advisory Committee,

the Illinois

Environmental

Protection

Agency

filed these rules

on

March

15,

1994 to

satisfy

its

statutory

directive

to propose

within

six

months,

rules

implementing Illinois’

new LUST program adopted on

September

13,

1994

in P.A.88-496.

In

turn,

the legislature

gave the Board

an

equally rigorous

six

month adoption

deadline

to

complete the rulemaking

and

promulgate regulations

consistent

with

the

new LUST

Law.

In

order

to

meet our statutory

deadline of final adoption

by today,

September

15,

1994,

on

March

17,

1994,

we send these

rules for first

notice.

The rules

were

published

in

the

illinois

Register

on

April

8,

1994.

After

two pre-hearing conferences

and

five days of

hearing, on

August

11,

1994,

we issued

the second

notice

opinion and order for

consideration by

the Joint

Committee on

Administrative Rules

(JCAR) showing substantive

and editorial changes from

first

notice.

On

September

13,

1994,

JCAR

considered these

proposed

rules and

issued

a certificate of

rio

objection.

Today,

the Board

sends these

rules

to

the Secretary of State for final notice

publication in

the

illinois Register.’

We note that

these final regulations have been amended

as a result of

JCAR’s

review;

however,

the majority of these changes are

merely editorial corrections

and are

nonsubstantive.

These editorial changes

are highlighted

in

the order.

We have also

made

two

minor language

amendments which

are

shown

below;

neither are

of a substantive

nature so

as to

change the intent or content of the regulations

as proposed at second

notice.

These

language additions

are:

iThe Board wishes to extend its appreciation

to Board Attorney Musette

H.

Vogel for serving as hearing

officer.

The Board also wishes to acknowledge Board Attorneys Elizabeth Schroer

Harvey,

Kevin

G.

Desharnais,

Charles M. Feinen, Deborah

L.

Frank,

science and technical

staff,

Anand Rao

and Hitea Soni,

law

clerk

Suzanne Yokley

and

staff

members Don

Brown,

Jennifer Moore,

Kemelyau

Pittman and Karen

Lukow,

for their

efforts

and contributions to this rulemaking.

---

Section

732.404

“High Priority”

Site

**

*

(1)

Provide

that,

after complete performance of the corrective action plan,

applicable

indicator contaminant objectives are not

exceeded at the property

boundary

line or

200

feet from

the UST system,

whichever is

less,

as a result of the underground

storage

tank release for any

indicator contaminant identified

in the groundwater

investigation.

If an

adjoining property owner will not allow the owner/operator

access

to

his or her property

so as to

ascertain

information sufficient

to

satisfy

this

requirement, or if the owner cannot be located, adequate documentation of the

owner/operator’s efforts

to

gain access to the property shall satisfy

this

subsection;

Section 732.502

Completeness Review

(b)(3)

All

time limits

for Agency final action

on

a plan

or report shall be calculated

from the

date the Agency

receives

a complctc plan or report.

Receipt of an

amended plan or

report. after a

notice of incompleteness,

shall restart all

time limits for Agency final

action

on

that

plan or report.

Accordingly,

we find

that the Agency’s

regulatory

proposal,

as amended

by

the Board

after holding

public

hearings

and

considering

public

comment, and after review by JCAR,

is

supported by

the record,

and

comports with our

statutory

rulemaking requirements of Title

VII of the Environmental

Protection Act.

We therefore

adopt this final rule.

For a

full

discussion of the Board’s considerations

and

determinations regarding this

rule, please refer

to the Board’s

second

notice

opinion.

(In the Matter of:

Regulation of Petroleum

Leaking

Underground Storage

Tanks.

35

Ill.

Adm.

Code 732,

R94-2(A), August

11,

1994.)

ORDER

The Board

directs the Clerk to

cause the filing

of the following proposal

for final

notice

with the

Administrative Code

Division

of the Secretary of State’s office and

to cause

the publication

in the

Illinois Register:

2

---

TITLE

35:

ENVIRONMENTAL

PROTECTION

SUBTITLE

G:

WASTE DISPOSAL

CHAPTER I:

POLLUTION

CONTROL

BOARD

SUBCHAPTER

d:

UNDERGROUND INJECTION

CONTROL

AND

UNDERGROUND

STORAGE TANK PROGRAMS

PART 732

PETROLEUM

UNDERGROUND

STORAGE TANKS

SUBPART

A:

GENERAL

732.100

Applicability

732.101

Election to

Proceed

under Part 732

732.102

Severability

732.103

Definitions

732.104

Incorporations by

Reference

732.105

Agency

Authority

to Initiate Investigative, Preventive or

Corrective Action

SUBPART

B:

EARLY ACTION

732.200

General

732.201

Agency

Authority to Initiate

732.202

Early

Action

732.203

Free Product

Removal

732.204

Application

for Payment

SUBPART

C:

SITE EVALUATION AND CLASSIFICATION

732.300

General

732.30 1

Agency

Authority to Initiate

732.302

“No Further

Action”

Sites

732.303

“Low Priority”

Sites

732.304

“High Priority”

Sites

732.305

Plan Submittal and

Review

732.306

Deferred Site Classification;

Priority List

732.307

Site Evaluation

732.308

Boring

Logs

and

Sealing of Soil

Borings

and

Groundwater

Monitoring Wells

732.309

Site Classification

Completion Report

732.310

Indicator

Contaminants

723.3 11

732.311

Groundwater

Quality

Standards for mdi

Contamit~aitt

3

---

SUBPART D:

CORRECTIVE ACTION

732.400

General

732.401

Agency Authority

to

Initiate

732.402

“No Further

Action” Site

732.403

“Low

Priority”

Site

732.404

“High

Priority”

Site

732.405

Plan

Submittal

and

Review

732.406

Deferred Corrective Action;

Priority List

732.407

Alternative Technologies

732

408

Corrcctlc

Action Risk Eased

Remediation

Objectives

732.409

Groundwater Monitoring and

Corrective Action

Completion Reports

732.4 10

“No Further Remediatiort”

Letter

SUBPART

E:

SELECTION

AND REVIEW

PROCEDURES

FOR

PLANS

AND REPORTS

732.500

General

732.501

Submittal of Plans

or Reports

732.502

Completeness

Review

732.503

Full

Review

of Plans

or Reports

732.504

Selection of Plans

or Reports for Full

Review

32.505

Standards

for Review

of Plans

or Reports

SUBPART

F:

PAYMENT

OR

REIMBURSEMENT

732.600

General

732.601

Applications

for Payment

732.602

Review of Applications for Payment

732.603

Authorization

for Payment;

Priority List

732.604

Limitations

on

Total

Payments

732.605

Eligible

Costs

732.606

Ineligible Costs

732.607

Payment

for Handling Charges

732.608

Apportionment of Costs

732.609

Subrogation

of Rights

732.610

Indemnification

732.611

Costs

Covered by

Insurance,

Agreement or

Court Order

732.612

Determination and

Collection of Excess

Payments

732. Appendix

A

Indicator

Contaminants

732

Appendix

B

Groundwater

and Soil Remed1ation Objectives, and Acceptable

Detection Limits

(ADL) and Soil Remediation

Methodology

Table

4-A

Groundwater

and

Soil

Remediation Objectives

4

---

Table 2~I

Soil

Remediation

Methodology:

Model

Parameter Values

Tab1e4~~

Soil

Remediation Methodology:

Chemical Specific

Parameters

Tab1e-4i~

Soil

Remediation Methodology:

Objectives

Illustration 4-A

Equation For Groundwater Transport

Illustration 2~I~

Equation For Soil-Groundwater

Relationship

Illustration~3~Equation For Calculating

Groundwater Objective the Source

Illustration-41E11

Equation For Calculating

Soil

Objectives

at the

Source

AUTHORITY:

Implementing

Sections 22.12

and

57

-

57.17

and authorized••~~

Section

57

14 of the Environmental Protection

Act

415

ILCS

5/22

12,

57

-

57 l7~

and

57

14

as

added

by

(see

P A

88-496, effective September

13,

1993)

SOURCE:

Adopted

in R94-_

at

—

Ill.

Reg.

______,

effective

_______________

19

NOTE:

CapitalIzation denotes statutory

language.

SUBPART

A:

GENERAL

Section

732.100

Applicability

a)

This Part

applies to

owners

or operators of any

underground

storage

tank

system

used

to

contain petroleum and for which

a

release has been confirmed

and

required

to

be reported

to

Illinois Emergency

Management Agency

(JEMA)

on

or after the effecti’~

c date of this

Part

Septeinbe~

23,,

1994

in

accordance with

regulations

adopted by

the Office of State

Fire Marshal

(OSFM).

It

does

not apply to

owners or operators of sites for which

the

OSFM does not require

a report to

1EMA or for which

the OSFM has issued

or intends to

issue

a certificate of removal or abandonment pursuant

to

Section

57.5 of the Environmental Protection

Act

(Act)

415

ILCS

5/57.5.

Owners

or operators of any

underground

storage tank system

used

to

contain petroleum

and for which

a

release

was reported

to

IEMA

on

or before

September

12,

1993,

may elect to proceed in accordance with

this Part pursuant

to

Section

732.101.

b)

Upon

the receipt of a corrective action

order

from

the OSFM pursuant to

Section

57.5(g) of the Act,

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.

5

---

c)

Owners or operators

subject to

this Part

by

law or

by

election shall proceed

expeditiously

to

comply

with

all

requirements of the Act

and

the regulations

and

to

obtain

the

“No Further

Remediation” letter

signifying

final

disposition

of the site for purposes of this

Part.

The Agency

may use its

authority

pursuant

to

the Act

and

Section

732.105

of this

Part to expedite investigative,

preventive or corrective action

by

an owner or operator or to

initiate

such

action.

Section

732.101

Election to

Proceed under Part

732

a)

Owners

or operators

of any

underground

storage

tank

system

used to

contain

petroleum and

for which

a release

was reported

to

the proper

s$tate

authority

on

or before September

12,

1993,

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.

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

732. 100(b) of this Part,

owners or operators of

underground

storage tanks

(USTs) used exclusively to

store

heating oil for

consumptive

use on

the premises where

stored

and

which

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.

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)

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 or reimbursable in

the

same manner as was

allowable under the then existing law.

Corrective action

costs

incurred after

the notification of election shall

be

payable or reimbursable

in

accordance

with

Subparts

E

and F of this Part.

Section

732.102

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

732.103

Definitions

Except as

stated

in

this

Section,

or unless

a different

meaning

of a word or term is clear

from

the context,

the definition of words

or terms in this Part

shall be the

same as

that

6

---

applied to the same words or terms in

the Environmental

Protection

Act

(415 ILCS

5~4-

~7.l~7).

“Act”

means the Environmental

Protection

Act (415 ILCS

51-1

Ct

seq.).

“Agency”

means the Illinois Environmental

Protection

Agency.

“Alternative tTechnology”

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.

(Section

57.2

of the Act)

“CLASS I

GROUNDWATER”

MEANS

GROUNDWATER THAT

MEETS

THE

CLASS

I:

POTABLE RESOURCE

GROUNDWATER

CRITERIA

SET

FORTH

IN

THE

BOARD

REGULATIONS

ADOPTED PURSUANT TO THE

ILLINOIS

GROUNDWATER

PROTECTION ACT.

(Section 57.2 of the Act)

“CLASS

III

GROUNDWATER”

MEANS

GROUNDWATER THAT

MEETS

THE

CLASS

III:

SPECIAL

RESOURCE GROUNDWATER CRITERIA

SET FORTH IN

THE BOARD

REGULATIONS ADOPTED PURSUANT

TO THE

ILLINOIS

GROUNDWATER PROTECTION

ACT.

(Section 57.2 of the Act)

“Confirmed eExceedence”

means

laboratory verification of an

exceedence of the

applicable groundwater quality

standards or objectives.

“Confirmed ri~elease”means a

release of petroleum

that

has been

confirmed

in

accordance

with regulations promulgated

by

the Office of the State

Fire Marshal

at

41

Ill.

Adm.

Code

170.

“Conventional tTechnology” 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.

(Section 57.2 of the Act).

7

---

“FILL MATERIAL”

MEANS

NON-NATIVE OR DISTURBED MATERIALS

USED

TO BED

AND

BACKFILL AROUND

AN

UNDERGROUND STORAGE TANK.

(Section 57.2 of the

Act)

“Free Øroduct”

means petroleum that

is

present as

a non-aqueous phase

liquid

(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.

(Section 57.2

of the Act)

“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.

(Section 3.64

of the

Act)

“Handling e~~harges”

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.

(Section 57.2 of the

Act)

“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 SETFLEMENT

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.

(Section

57.2

of the Act)

“LICENSED PROFESSIONAL

ENGINEER”

MEANS

A PERSON,

CORPORATION

8

---

OR PARTNERSHIP LICENSED UNDER THE

LAWS

OF THE

STATE

OF

ILLINOIS TO

PRACTICE

PROFESSIONAL ENGINEERING.

(Section 57.2 of the

Act)

“Line Item Estimate”

means

an estimate of the costs

associated

with each line

item

(including,

but not necessarily

limited

to, personnel,

equipment,

travel,

etc.) which

an

owner

or operator anticipates

will be incurred

for the

development,

implementation

and completion of a plan or report.

“Man-made pPathway”

means constructed

routes

that

may allow for the transport of

mobile petroleum free-liquid or petroleum-based vapors including,

but not

limited to,

sewers,

utility lines,

utility vaults, building

foundations,

basements, crawl

spaces,

drainage ditches or previously excavated and

filled areas.

“Monitoring

wWell”

means

a water well intended

for the purpose of determining

groundwater

quality or quantity.

“Natural

~!athway”

means

natural

routes

for the transport

of mobile petroleum

free-

liquid

or

petroleum-based vapors

including,

but

not limited

to

soil,

groundwater,

sand

seams

arid lenses

and

gravel

seams

and

lenses.

“OCCURRENCE”

MEANS

ANY RELEASE

FROM

AN UNDERGROUND

STORAGE TANK,

INCLUDING

ANY ADDITIONAL RELEASE FROM

THAT

UNDERGROUND

STORAGE

TANK AT THE

SITE IDENTIFIED IN THE

COURSE OF

PERFORMING

CORRECTIVE

ACTION

IN RESPONSE TO

THE

INITIAL RELEASE.

(Section 57.2 of the

Act)

“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.

(42 U.S.C.

§

6991)

BOARD

NOTE:

A person who voluntarily

undertakes

action

to remove an

underground storage

tank system from

the

ground shall not

be

deemed

an

“operator”

merely

by

the undertaking of such action.

“Owner”

means:

In the case of an

underground storage tank in use on

November

8,

1984, or

brought

into use after that

date, any person

who owns

an

underground

storage

tank used for

the storage,

use or dispensing

of regulated substances;

In the case of any

underground

storage tank in

use before November

8,

1984,

but

no longer

in

use on

that

date,

any person who owned

such underground

9

---

storage tank immediately

before the discontinuation of its

use.

(42 U.S.C.

§

6991)

“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

U.S.C.

§

6991)

“Petroleum” means petroleum,

including crude oil or any

fraction thereof which

is

liquid

at standard

conditions

of temperature

and

pressure

(60 degrees Fahrenheit

and

14.7

pounds per

square

inch absolute).

(42 U.S.C.

~‘

6991)

“PHYSICAL SOIL CLASSIFICATION”

MEANS

VERIFICATION of geological

conditions

consistent

with

regulations for identifying

and

protecting potable resource

groundwater or verification THAT SUBSURFACE STRATA

ARE

AS

GENERALLY

MAPPED

IN

THE

PUBLICATION ILLINOIS GEOLOGICAL

SURVEY

CIRCULAR

(1984) ENTITLED

“POTENTIAL FOR CONTAMINATION OF

SHALLOW

AQUIFERS IN

ILLINOIS,”

BY

BERG,

RICHARD

C.,

ET AL.

SUCH

CLASSIFICATION MAY INCLUDE REVIEW OF

SOIL BORINGS, WELL LOGS,

PHYSICAL SOIL ANALYSIS,

REGIONAL GEOLOGIC

MAPS,

OR OTHER

SCIENTIFIC

PUBLICATIONS.

(Section 57.2 of the

Act)

“POTABLE” MEANS

GENERALLY FIT FOR

HUMAN

CONSUMPTION IN

ACCORDANCE WITH

ACCEPTED WATER SUPPLY PRINCIPLES AND

PRACTICES.

(Section

3.65 of the

Act)

“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.

(Derived

from

Section

57.2

of the Act)

“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

10

---

AREA,

AS

DETERMINED

BY THE BOARD,

THE GEOLOGY

OF WHICH

RENDERS

A

POTABLE

RESOURCE GROUNDWATER PARTICULARLY

SUSCEPTIBLE TO CONTAMINATION.

(Section 3.67 of the

Act)

“Regulated ~$ubstance” means any

substance defined in

Section

101(14)

of the

Comprehensive Environmental

Response,

Compensation,

and Liability

Act of 1980

42

U.S.C.

§

9601(14)

(but not

including

any

substance regulated

as

a

hazardous

waste under

subtitle

C

of the Resource Conservation

and Recovery

Act

42

U.S.C.

§~

6921

et seq.),

and

Petroleum.

(42 U.S.C.

§

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.

(Section 57.2

of the Act)

“Residential

tTank”

means an

underground

storage tank located

on

property used

primarily for dwelling purposes.

“Residential tiUnit”

means a structure used primarily for dwelling

purposes including

multi-unit dwellings

such

as apartment buildings, condominiums,

cooperatives or

dormitories.

“SETBACK

ZONE”

MEANS

A GEOGRAPHIC AREA,

DESIGNATED

PURSUANT TO THE

ACT

or

regulations,

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.

(Section

3.61 of the Act)

“SITE” MEANS

ANY SINGLE LOCATION,

PLACE,

TRACT

OF

LAND

OR

PARCEL OF

PROPERTY INCLUDING

CONTIGUOUS PROPERTY

NOT

SEPARATED

BY A PUBLIC

RIGHT-OF-WAY.

(Section 57.2

of the Act)

“Surface

b~.y

of w~IWater”or

“sSurface w~.~ater

bBody”

means a

natural or man-

made body

of water

on

the ground

surface including,

but not

limited

to,

lakes, ponds,

reservoirs,

retention

ponds,

rivers,

streams,

creeks and drainage ditches.

Surface

body

of water does not include puddles

or other accumulations

of precipitation, run-

off or groundwater

in

UST excavations.

“Tank

~j~”

means

all

underground

storage tanks

at a

site that

reside

within

a circle

with

a

100

foot

radius.

“Underground

Storage Tank”

or

“UST”

means any

one or combination of tanks

(including

underground pipes connected thereto)

which

is used

to

contain

an

11

---

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 U.S.C.

App.

1671

et

seq.), or the Hazardous

Liquid

Pipeline Safety

Act of

1979

(49 U.S.C.

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

which

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

upon

On or

above the surface

of the floor.

(Derived from 42

U.S.C.~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 UN1T.

(Section 57.2

of the

Act)

“UST

system” or

“tank system”

means

an

underground

storage tank,

connected

underground

piping,

underground ancillary equipment, and

containment

system,

if

any.

Section

732.104

Incorporations by

Reference

12

---

a)

The Board

incorporates the following material

by

reference:

ASTM.

American

Society

for Testing

and Materials,

1916

Race Street,

Philadelphia,

PA

19103

(215)

299-5400

ASTM

D 422-63,

Standard Test Method for Particle-Size Analysis

of

Soils,

approved November 21,

1963

(reapproved

1990).

ASTM

D

1140-54,

Standard Test Method for Amount of Material in

Soils

Finer

than the No.

200

(75

urn)

Sieve, approved September

15,

1954

(reapproved

1990).

ASTM

D 2216-90, Standard Test Method

for Laboratory Determination

of Water

(Moisture)

Content of Soil

and

Rock,

approved November 30,

1990.

ASTM

D 4643-87, Standard

Test Method for Determination

of Water

(Moisture) Content

of Soil by

the

Microwave

Oven

Method,

approved

February

2,

1987.

ASTM

D

2487-90, Standard Test

Method for Classification

of Soils

for

Engineering

Purposes,

approved June 22,

1990.

ASTM

D 2488-90, Standard Practice

for Description and

Identification

of Soils (Visual-Manual Procedure),

approved June 29,

1990.

ASTM

D 5084-90,

Standard Test Method for Measurement of

Hydraulic Conductivity

of Saturated

Porous Materials

Using

a

Flexible

Wall Permeameter,

approved June 22,

1990.

ASTM

D 4525-90,

Standard Test

Method for Permeability of Rocks

by

Flowing

Air, approved

May 25,

1990.

ISGS.

Illinois

State

Geological Survey,

615

B.

Peabody

Drive,

Champaign,

IL

61820-6964

(217)

333-4747

Richard

C.

Berg, John

P. Kempton,

Keros Cartwright,

“Potential

for

Contamination of Shallow Aquifers

in

Illinois”

(1984),

Circular No.

532.

NTIS.

National

Technical

Information

Service, 5285

Port

Royal

Road,

Springfield,

VA

22161

(703) 487-4600

13

---

“Methods

for Chemical Analysis of Water

and Wastes,” EPA

Publication No.

EPA-600/4-79-020 (March

1983),

Doe.

No. PB

84-

128677.

“Methods for the Determination

of Organic Compounds

in

Drinking

Water,” EPA,

EMSL,

EPA-600/4-88/039

(Dec.

1988), Dec.

No. PB

89-220461.

“Practical

Guide for Ground-Water Sampling,” EPA Publication No.

EPA-600/2-85/104 (September

1985),

Doc.

No.

PB 86-137304.

“Test Methods

for Evaluating Solid

Wastes,

Physical/Chemical

Methods,”

EPA

Publication No.

SW-846 (Third

Edition,

1986), as

amended

by

Revision I, Final

Update I, July

1992),

Doc.

No. PB

89-

148076.

USGS.

United States Geological Survey,

1961

Stout

Street, Denver,

CO

80294

(303)

844-4169

“Techniques

of Water Resources

Investigations of the United States

Geological

Survey,

Guidelines for

Collection

and

Field Analysis of

Ground-Water

Samples for Selected Unstable

Constituents,”

Book I,

Chapter D2 (1981).

b)

CFR

(Code of Federal Regulations).

Available from the Superintendent of

Documents, U.S.

Government Printing

Office, Washington,

D.C. 20402

(202)

783-3238

40

CFR 261,

Appendix 11(1992).

40

CFR

761.120

(1993).

c)

This

Section

incorporates

no

later editions or amendments.

Section 732.105

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

14

---

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.

(Section 57.12(c)

of the Act)

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 IS A RELEASE OR SUBSTANTIAL THREAT

OF

A RELEASE OF

PETROLEUM

FROM

SUCH

TANK.

(Section

57.12(d)

of the

Act)

SUBPART B:

EARLY

ACTION

Section

732.200

General

OWNERS

AND OPERATORS

OF UNDERGROUND

STORAGE TANKS

SHALL, IN

RESPONSE

TO ALL CONFIRMED

RELEASES of petroleum,

COMPLY

WITH

ALL

APPLICABLE

STATUTORY

AND

REGULATORY REPORTING

AND

RESPONSE

REQUIREMENTS.

(Section 57.6(a) of the

Act)

No work plan

shall be required

for

conducting early

action activities.

Section

732.201

Agency

Authority

to

Initiate

Pursuant

to

Sections 732.100

or 732.105 of this

Part,

the Agency

shall have the authority

to

require or initiate early action

activities

in

accordance

with

the remainder of this

Subpart B.

Section

732.202

Early Action

a)

Upon

confirmation of a

release of petroleum

from a UST system

in

accordance

with

regulations promulgated

by

the OSFM,

the owner or operator, or both,

shall

perform the

following initial

response actions

within 24

hours ef

after the

release:

1)

Report the release

to

IEMA

(e.g.,

by

telephone or electronic

mail);

15

---

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)

Upon confirmation of a release of petroleum

from

a UST

system

in

accordance

with

regulations promulgated by

the OSFM,

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

belowground

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 free

product removal

as

soon

as practicable

and in accordance

with

Section

732.203

below.

C)

Within

20

days after confirmation of a release of petroleum

from

a UST

system

in accordance with

regulations

promulgated

by

the

OSFM, owners

or

operators

shall

submit a

report

to

the

Agency

summarizing

the initial

abatement

steps

taken under subsection (b)

above and

any resulting

information

16

---

or

data.

The report shall

be

submitted

on

forms prescribed by

the Agency or

in

a

similar

format containing the same information.

d)

Owners or operators 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 732.202(a)

and

(b)

above.

This

information

must

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

732

202

(b)(5) of this

4)

Results

of the free product investigations required

at subsection

732.202(b)(6),

to

be used by

owners or operators

to

determine whether

free product must

be

recovered

under

Section

732.203.

e)

Within

45

days after confirmation of a

release of petroleum from

a UST

system

in accordance with regulations promulgated

by

the OSFM, owners or

operators

shall submit

to

the Agency

the information

collected

in

compliance

with

subsection (d) above in

a manner that demonstrates

its

applicability

and

technical

adequacy.

The information

shall be

submitted

on

forms prescribed

by

the Agency or in

a

similar format containing the same information.

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 REPAIR OR

ABANDON THE UNDERGROUND

STORAGE

TANK

IN PLACE,

IN ACCORDANCE WITH THE REGULATIONS

PROMULGATED

BY

THE OFFICE OF THE

STATE FIRE

MARSHAL.

THE

OWNER MAY REMOVE VISIBLY

CONTAMINATED FILL

MATERIAL AND ANY

GROUNDWATER IN THE

EXCAVATION

WHICH EXHIBITS A SHEEN.

(Section 57.6(b) of the

Act)

BOARD

NOTE:

Section

57.7(a)(1)(B) of the Act limits payment or reimbursement

from

the Fund for removal

of contaminated

fill

material

during

early

action

activities.

See Subpart F of this Part.

17

---

Section

732.203

Free Product

Removal

At sites

where

investigations

under Section

732.202(b)(6) abovc indicate the presence of free

product,

owners or operators

shall remove

free product

to the maximum extent practicable

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:

a)

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,

sState

and

federal

regulations;

b)

Use abatement of free product migration as

a minimum objective for the

design of the free product

removal

system;

c)

Handle any

flammable products

in

a

safe

and

competent manner

to prevent

fires or explosions;

and

d)

Within

45

days after the confirmation of a

release of petroleum

from a~UST

in accordance with

regulations promulgated by

the OSFM, prepare and

submit

to the Agency

a free product removal

report on

forms prescribed by

the

Agency or in

a similar

format containing the same information.

The report

shall,

at a minimum, provide the

following:

1)

The name of the persons responsible for implementing

the free product

removal

measures;

2)

The estimated quantity,

type

and

thickness of free product observed

or

measured in

wells,

boreholes

and

excavations;

3)

The type of free product recovery

system

used;

4)

Whether any

discharge will

take place on-site or off-site during

the

recovery operation

and

where

this

discharge will be

located;

5)

The type of treatment applied

to, and

the effluent

quality expected

from,

any

discharge;

6)

The steps

that

have been or are being taken to

obtain

necessary permits

for any

discharge;

and

7)

The disposition of the recovered

free product.

18

---

Section

732.204

Application for Payment

Owners or operators

intending

to

seek payment or reimbursement for early action activities

are not

required

to

submit a

corresponding budget plan

to the Agency

prior to

the application

for payment.

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.

In

the alternative,

the owner or operator may

submit line item

estimates

of the activities

and

costs

as part of a

site classification

budget plan

submitted pursuant

to

Section

732.305

for

prior

review and

approval

in accordance with

Subpart

E of this Part.

If the alternative of

submitting a line item

estimate of the activities

and

costs

is

selected,

a

subsequent

application

for payment

satisfying the requirements of Subpart F will be required before payment can be

approved

and

such application

for payment

must

be

submitted

with an

application for

payment for site classification

activities.

SUBPART

C:

SITE EVALUATION

AND

CLASSIFICATION

Section 732.300

General

a)

Except as provided

in

subsection

(b) below,

the owner or operator of any

site

subject to

this Part

shall evaluate and

classify the site in

accordance with

the

requirements of this

Subpart

C.

All

such

sites shall be classified

as

“No

Further

Action,”

“Low

Priority”

or “High

Priority.t’

Site classifications shall

be based

on

the results of the

site evaluation, including, but

not

limited to,

the

physical soil

classification

and

the groundwater investigation,

if applicable.

b)

Owners or operators subject

to this Part 732

may proceed

without conducting

site classification activities

pursuant

to

this Subpart

C

under the

following

circumstances:

1)

If the owner or operator chooses

to conduct remediation

sufficient to

satisfy the remediation

objectives

in

Section

732.408 of this Part.

Upon completion

of the remediation,

the

owner or

operator shall

submit

a corrective action

completion

report demonstrating

compliance

with

the required

levels;

or

2)

If,

upon

completion

of early action

requirements pursuant

to

Subpart B

of this Part,

the owner or operator can demonstrate compliance

with the

remediation objectives required

in

Section

732.408

of this Part.

Upon

completion of the early action

requirements,

the owner or operator shall

submit

a corrective action

completion

report demonstrating compliance

with

the required

levels.

c)

For corrective action

completion

reports submitted

pursuant

to

subsection

(b)

above,

the Agency

shall issue

a

“No Further

Remediation” letter

upon

19

---

approval of the report

by

the Agency or by

operation

of law

in accordance

with

Subpart

E.

BOARD

NOTE:

Owners or operators proceeding

under

subsection (b) above are advised

that

they

may not be entitled

to

full payment or reimbursement.

See

Subpart F of this Part.

Section

732.301

Agency

Authority

to Initiate

Pursuant

to

Sections 732.100 or 732.105

of this Part,

the Agency

shall

have the authority

to

require or initiate corrective action

activities

in

accordance

with the

remainder of this

Subpart

C.

Section

732.302

“No Further

Action”

Sites

a)

Sites

shall be classified

as

“No Further

Action” if

all of the following criteria

are satisfied:

1)

The physical soil

classification procedure confirms either of the

following:

A)

“Berg Circular”

i)

The site

is

located

in

an area

designated D,

E, F or 0

on

the Illinois

State

Geological Survey Circular

(1984)

entitled,

“Potential

for Contamintition of Shallow

Aquifers in Illinois,” incorporated

by

reference

at Section

732.104 of this

Part;

and

ii)

The site’s

actual physical soil

conditions

are verified

as

consistent

with

those

designated D, E,

F or G on

the

Illinois

State

Geological

Survey Circular

(1984) entitled,

“Potential

for Contamination of Shallow

Aquifers in

Illinois”; or

B)

The

site

soil

characteristics

satisfy the criteria of Section

732.307(d)(3) of this Part;

2)

The UST

system

is not

within the minimum

or maximum setback zone

of a

potable water supply

well or regulated recharge area of a potable

water

supply

well;

3)

After

completing early

action

measures

in

accordance with Subpart

B of

this Part,

there

is

no evidence that,

through

natural pathways or man-

made pathways,

migration

of petroleum or vapors threaten

human

20

---

health

or human safety or

may cause explosions

in

basements, crawl

spaces,

utility

conduits, storm

or

sanitary sewers,

vaults or other

confined spaces;

4)

There

is

no

designated

Class

III special resource

groundwater within

200

feet of the

site;

and

5)

After

completing

early

action

measures in

accordance with

Subpart

B

of

this

Part,

no

surface bodies of water are adversely

affected

by

the

presence of a visible

sheen or free product layer as

a result of a release

of petroleum.

b)

No groundwater investigation

pursuant

to

Section

732.307(j)

shall be required

to demonstrate that

a site meets

the criteria

of a

“No Further

Action”

site.

Section

732.303

“Low

Priority”

Sites

Sites

shall be

classified as

“Low

Priority”

if all

of the following criteria are met:

a)

The physical

soil

classification and groundwater

investigation procedures

confirm the following:

1)

The groundwater quality

standard or groundwater objective for any

applicable indicator contaminant has not

been exceeded at the property

boundary

line

or 200

feet from the UST system,

whichever

is less;

and

2)

“Berg

Circular”

A)

The

site is

located in

an

area designated

Al,

A2,

A3, A4,

AS,

AX, Bl,

B2,

BX,

Cl,

C2,

C3,

C4,

or CS

on

the Illinois State

Geological Survey Circular

(1984)

entitled,

“Potential

for

Contamination of Shallow Aquifers in

Illinois,”

incorporated

by

reference

at Section

732.104 of this Part;

and

B)

The site’s

actual physical soil conditions

are verified

as

consistent

with

those

designated

Al,

A2, A3,

A4,

A5,

AX, Bi,

B2,

BX,

Cl,

C2,

C3,

C4, or CS on

the Illinois

State Geological

Survey Circular

(1984) entitled,

“Potential

for Contamination of

Shallow

Aquifers

in

Illinois”;

or

3)

The site

soil

characteristics

do

not

satisfy

the criteria

of Section

732.307(d)(3)

of this Part;

21

---

b)

The UST

system

is

not within the minimum or maximum setback

zone of a

potable water

supply

well or regulated

recharge area of a potable water supply

well;

c)

After

completing

early action

measures in accordance with

Subpart

B

of this

Part,

there

is

no

evidence that,

through

natural or man-made pathways,

migration

of petroleum

or vapors threaten human health or human safety or

may cause explosions

in

basements, crawl

spaces,

utility

conduits,

storm or

sanitary

sewers, vaults

or other confined spaces;

d)

There is no designated

Class

UI special resource

groundwater

within 200

feet

of the site;

and

e)

After

completing

early action

measures

in

aécordance

with

Subpart

B

of this

Part,

there are

no

surface bodies of water adversely affected

by

the presence

of a visible

sheen

or free product layer as

a result of the release of petroleum.

Section 732.304

“High

Priority”

Sites

Sites

shall be classified

as

“High

Priority”

if

any of the following are

met:

a)

The physical soil

classification

and groundwater

investigation

procedures

confirm

the following:

1)

The groundwater

quality

standard

or groundwater objective for any

applicable

indicator contaminant

has been exceeded

at the property

boundary

line

or 200 feet from the UST system,

whichever

is

less;

and

2)

“Berg Circular”

i)

The site

is

located

in

an

area designated Al,

A2, A3,

A4, AS,

AX,

B?,

B2,

BX, Cl,

C2,

C3,

C4,

or CS

on

the Illinois

State

Geological Survey

Circular

(1984)

entitled,

“Potential

for

Contamination of Shallow

Aquifers

in Illinois,”

incorporated by

reference at

Section

732. 104 of this

Part;

and

ii)

The site’s actual

physical soil

conditions are

verified as

consistent

with

those

designated Al,

A2,

A3,

A4, AS, AX,

Bl,

B2,

BX,

Cl,

C2,

C3,

C4,

or C5

on

the Illinois State

Geological

Survey

Circular

(1984) entitled,

“Potential

for Contamination of

Shallow

Aquifers in

Illinois”; or

3)

The

site

soil

characteristics

do

not

satisfy the criteria of Section

732.307(d)(3)

of this Part;

22

---

b)

The UST

system

is

within the

minimum or maximum setback

zone of a

potable water

supply

well or regulated recharge

area of a potable

water

supply

well;

c)

After

completing

early action

measures

in

accordance with

Subpart

B of this

Part,

there is evidence that,

through

natural or man-made pathways,

migration

of petroleum or vapors threaten human health

or human safety or may

cause

explosions in

basements,

crawl

spaces,

utility conduits,

storm

or sanitary

sewers,

vaults or other confined

spaces;

d)

There is

designated

Class

III

special resource groundwater within 200

feet of

the

site;

or

e)

After completing

early action

measures in accordance with

Subpart

B of this

Part,

a

surface body

of water

is

adversely

affected

by

the presence of a

visible

sheen or free product

layer as

a result of a

release of petroleum.

Section 732.305

Plan

Submittal and

Review

a)

Prior

to

conducting any

site evaluation activities,

the owner or operator shall

submit to

the Agency

a

site classification

plan, including but not

limited

to a

physical soil

classification and groundwater investigation

plan,

satisfying the

minimum requirements for

site evaluation activities

as

set

forth in

Section

732.307.

The plans

shall be designed to collect data sufficient

to determine

the

site classification

in accordance with

Sections 732.302,

732.303

or 732.304

of this Part.

Site classification plans

shall

be

submitted on

forms prescribed

by

the Agency or in

a

similar format containing the same information.

b)

In

addition

to

the plan required in

subsection

(a)

above and prior

to

conducting

any

site evaluation

activities,

any owner or operator intending

to

seek payment

from the Fund shall submit to the Agency:

1)

An application for payment

of costs

associated

with

eligible

eariy action

costs

incurred pursuant to

Subpart

B

of this Part,

except as provided in

subsection

(b)(2) below;

and

2)

A site classification budget plan,

which

shall include,

but

not be

limited

to,

a

copy of the eligibility

and

deductibility determination of the

OSFM and

a

line item

estimate of all costs

associated

with

the

development,

implementation and

completion of the site evaluation

activities

required

in

Section

732.307.

In accordance

with

Section

732.204 of this Part,

the owner or operator may submit a site

classification budget plan

that

includes a line item estimate of the

activities

and

costs

of early action

for review

and

approval prior

to

the

23

---

submittal of an

application

for payment.

Formulation of budget plans

should

be

consistent with the eligible

and

ineligible costs

listed

at

Sections 732.605

and

732.606 of this

Part.

Site classification

budget

plans

shall

be

submitted

on

forms prescribed by

the Agency or in

a

similar format containing the

same information.

c)

The

Agency

shall have

the authority

to

review

and

approve,

reject or require

modification

of any plan

submitted

pursuant

to

this

Section

in accordance with

the procedures

contained

in

Subpart

E of this Part.

d)

Notwithstanding

subsections

(a)

and

(b) above,

an owner or

operator may

proceed to

conduct site evaluation

activities

in

accordance with

this Subpart C

prior

to

the submittal or approval or an

otherwise required site classification

plan

(including

physical soil

classification

and groundwater investigation

plans

and

associated

budget plans).

However,

any such plan shall be

submitted

to

the Agency

for review

and

approval,

rejection

or modification in

accordance

with

the procedures contained

in

Subpart B of this

Part prior

to payment or

reimbursement for any

related

costs

or the issuance of a “No Further

Remediation”

letter.

e)

If,

following the approval

of any

site classification plan,

an

owner or operator

determines that revised

procedures or cost

estimates are

necessary

in order

to

comply

with

the minimum required activities for the

site, the owner or

operator shall

submit,

as applicable,

an

amended

site classification

plan or

associated

budget plan

for review

by

the Agency.

The Agency

shall

have the

authority

to

review and

approve,

reject or require

modifications of the

amended

plan

in

accordance with

the procedures

contained in

Subpart

B of this

Part.

BOARD

NOTE:

Owners or operators proceeding under subsection (d) of this

sSection are advised that

they may not be entitled

to

full payment or reimbursement.

See

Subpart F of this

Part.

Section

732.306

Deferred Site

Classification;

Priority

List

a)

NOTWITHSTANDING

ANY

OTHER PROVISION OR

RULE

OF

LAW

WITH

THE

EXCEPTION OF THE

early action

requirements of Subpart B of

this Part

and

the investigation of migratory

pathways as required

by

Section

732.307(g), THE

OWNER OR OPERATOR

WHO

HAS

SUBMITVFED

ANY

budget PLAN

PURSUANT TO this Part

AND WHO

IS

ELIGIBLE FOR

PAYMENT

FROM

THE

UNDERGROUND

STORAGE TANK

FUND

SHALL BE

ELIGIBLE TO ELECT TO COMMENCE

site classification

UPON THE

AVAILABILITY

OF

FUNDS.

SUCH

ELECTION SHALL BE

MADE IN WRITING TO THE

AGENCY WITHIN 30

DAYS OF

RECEIPT

24

---

OF

AGENCY APPROVAL OF

A budget PLAN.

At that

time,

or up

until

60

days thereafter,

the owner or operator shall also provide the results of the

investigation of the

migratory pathways

so that

the Agency

can

make its

decision in

accordance with

subsection (b)

of this

subsection.

THE

AGENCY

SHALL PROVIDE NOTICE TO THE

OWNER OR OPERATOR

AT

SUCH

TIME

AS

IT

APPROVES

THE

budget PLAN

WHETHER

SUFFICIENT

RESOURCES

ARE

AVAILABLE

IN ORDER TO IMMEDIATELY

COMMENCE

THE APPROVED

MEASURES.

(Section

57.8(b) of the Act)

1)

Approvals

of budget plans

shall be

pursuant

to

Agency review

or by

operation of law

in

accordance

with Subpart E of this Part.

2)

The Agency

shall

monitor the availability of funds to

determine

whether sufficient

resources

exist to

provide payment

in

an

amount

equal to

the total

of the approved

budget plans and

shall provide notice

to

owners or operators of the availability of funds

in accordance with

Section

732.503(h).

Funds

shall not

be deemed

available

for owners or

operators

electing

to

defer

site classification so long as there are owners

or operators on

the priority

list established

pursuant

to

Section

732.603(d) of this Part

awaiting

forwarding of vouchers

to the Office of

the State

Comptroller.

3)

Upon receiving

written notification

that

an owner or operator elects

to

defer

site classification

until

funds are

available,

the Agency

shall place

the site

on

a priority

list for

notification of availability of sufficient

funds.

Sites shall enter the priority

list based

solely

on

the date the

Agency

receives

the written notification of deferral,

with the earliest

dates having

the highest priority.

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

registered or certified

mail.

4)

As

funds become

available,

the Agency

shall

encumber

funds for

each

site in

the order of priority

in

an

amount

equal

to the total of the

approved budget plan for which deferral

was sought.

The Agency

shall

then

notify owners

or operators

that

sufficient funds have been allocated

for the owner or operator’s

site.

After such

notification the owner or

operator shall commence

site classification

activities.

5)

Authorization

of payment of encumbered funds

for deferred

site

classification activities

shall be approved

in

accordance

with the

requirements of Subpart F of this

Part.

6)

The priority

list for notification of availability

of sufficient

funds shall

be

the same as

that used for deferred corrective action pursuant

to

25

---

Section

732.406 with

both

types of deferrals entering

the list and

moving

up

solely

on

the basis

of the date

the Agency

receives

written

notice of the deferral.

b)

SHOULD THE

AGENCY

OR OWNER OR OPERATOR DETERMINE

A

THREAT

TO HUMAN HEALTH

AND/OR THE

ENVIRONMENT

REQUIRES

IMMEDIATE ACTION,

INCLUDING THE EXISTENCE

OF

PETROLEUM

OR

VAPORS

WHICH THREATEN

HUMAN HEALTH

OR

HUMAN

SAFETY

OR MAY

CAUSE

EXPLOSIONS

IN BASEMENTS,

CRAWL

SPACES,

UTILITY

CONDUITS,

STORM OR SANITARY

SEWERS,

VAULTS

OR

OTHER CONFINED SPACES,

THE

ELECTION

TO

COMMENCE site classification

UPON THE AVAILABILITY

OF

FUNDS

SHALL

NOT

BE

AVAILABLE.

THE

AGENCY

SHALL NOTIFY

THE OWNER

OR OPERATOR

BY

CERTIFIED

MAIL THAT A

SITUATION EXISTS THAT WOULD

PRECLUDE THE

OWNER

OR

OPERATOR

FROM

COMMENCING

site classification

UPON THE

AVAILABILITY

OF FUNDS.

SUCH

ACTION

BY THE

AGENCY

SHALL

NOT BE

SUBJECT TO APPEAL.

(Section

57.8(b) of the

Act)

c)

An

owner or operator may withdraw

the election

to

commence site

classification activities

upon

the availability

of funds at any time.

The Agency

shall

be notified

in

writing

of the withdrawal.

Upon

such withdrawal,

the

owner

or operator shall

proceed with

site classification in accordance with

the

requirements

of this Part.

Section 732.307

Site Evaluation

a)

Except as provided

in

Section 732.300(b), the owner or operator of any

site

for which

a

release of petroleum has been confirmed

in accordance with

regulations promulgated

by

the OSFM and reported

to IEMA

shall

arrange for

site evaluation

and

classification

in

accordance with

the requirements

of this

Section.

A

Licensed

Professional

Engineer

(or,

where

appropriate, persons

working under the

direction of a Licensed

Professional

Engineer)

shall

conduct

the site evaluation.

The results of the site evaluation

shall provide the basis

for determining the site classification.

The site classification

shall be certified

as

required

by

the supervising

Licensed

Professional

Engineer.

b)

As

a part of each site evaluation, the Licensed

Professional

Engineer

shall

conduct a physical

soil

classification

in accordance with

the procedures

at

subsections

(c)

or (d) below.

Except as provided

in

subsection

(e)

below,

all

elements of the chosen

method of physical

soil

classification

must be

completed for each

site.

In addition

to

the requirement for a physical soil

classification,

the Licensed

Professional Engineer

shall,

at a

minimum,

complete

the requirements at

subsections

(f) through

(j)

below

before

26

---

classifying a

site as

“High

Priority”

or

“Low

Priority”

and

subsection (f)

through

(i)

below

before classifying a

site

as

“No Further

Action.”

c)

Method

One for Physical

Soil

Classification:

1)

Soil

Borings

A)

Prior

to

conducting

field activities,

a review

of scientific

publications and

regional

geologic maps

shall be

conducted

to

determine if the

subsurface strata

are as generally mapped

in

the

Illinois

State Geological Survey

Circular

(1984)

entitled,

“Potential for Contamination

of Shallow

Aquifers

in Illinois,”

incorporated

by

reference

in

Section

732.104 of this

Part.

A list

of the publications reviewed

and

any

preliminary conclusions

concerning

the

site geology

shall

be included

in the site

classification

completion

report.

B)

A

minimum of one

soil

boring

to

a depth

that includes 50

feet of

native

soil

or to bedrock shall

be

performed

for each tank field

with

a release of petroleum.

C)

If,

during

boring,

bedrock is

encountered or if auger refusal

occurs because of the density

of a geologic

material,

a

sample of

the bedrock or other material

shall be

collected

to determine

permeability or an

in

situ

test shall be performed to determine

hydraulic

conductivity in accordance with

subsections (c)(3)(A)

and

(c)(3)(B)

below.

If bedrock

is

encountered

or auger

refusal

occurs,

the Licensed

Professional

Engineer

shall verify that

the

conditions

that

prevented

the full boring

are expected

to be

continuous

through

the remaining required depth.

D)

Borings

shall

be performed

within 200

feet of the outer edge of

the tank field or at the property boundary, whichever is

less.

If

more than

one

boring

is

required

per

site,

borings

shall be

spaced

to provide reasonable representation of site

characteristics.

The actual spacing of the borings

shall be

based

on

the regional

hydrogeologic

information

collected

in

accordance with

Section

732.307(c)(1)(A).

Location shall be

chosen

to limit to the greatest

extent

possible

the vertical

migration

of contamination.

E)

Soil borings

shall be continuously

sampled—to ensure

that

no

gaps appear

in

the sample

column.

27

---

F)

If anomalies

are encountered,

additional

soil

bonngs

may be

necessary

to

verify

the consistency of the site geology.

G)

Any water bearing units

encountered shall

be protected as

necessary

to

prevent cross-contamination of water bearing units

during

drilling.

H)

The owner or operator may

utilize

techniques other than those

specified

in

Uus

subsection

(c)(l) for soil classification

provided

that:

1)

The techniques provide equivalent, or superior,

information

as required by

this

Section;

2)

The techniques have been

successfully utilized

in

applications

similar

to the proposed application;

3)

Methods

for quality control

can be

implemented;

and

4)

The owner or operator has received

written approval

from

the

Agency

prior

to

the start

of the

investigation.

2)

Soil Properties

The following tests

shall be performed on

a representative

sample of

each

stratigraphic

unit encountered

at the

site:

A)

A

soil

particle analysis using

the test methods specified

in

ASTM

(American Society

for Testing

and

Materials)

Standards

D 422-63

or D

1140-54,

“Standard Test Method

for Particle-

Size Analysis of Soils,”

or “Standard Test Method for Amount

of Material

in

Soils

Finer

than

the No.

200

(75

urn) Sieve,”

incorporated

by

reference

in

Section

732. 104

of this Part;

B)

A soil

moisture

content

analysis using

the test methods specified

in

ASTM

Standards

D 2216-90 or

D

4643-87,

“Standard Test

Method

for Laboratory

Determination of Water

(Moisture)

Content

of Soil

and Rock,”

or

“Standard Test Method for

Determination of Water

(Moisture)

Content of Soil by

the

Microwave Oven Method,”

incorporated

by

reference in

Section

732.104

of this

Part;

28

---

C)

A

soil

classification

using

the test methods specified

in

ASTM

Standards

D

2487-90 or D 2488-90,

“Standard Test Method for

Classification

of Soils

for Engineering

Purposes”

or

“Standard

Practice for Description and

Identification of Soils

(Visual-

Manual

Procedure),”

incorporated

by

reference

in

Section

732.104

of this Part;

and

D)

Unconfined compression

strength shall be determined

in

tons

per

square

foot by

using

a hand

penetrometer.

3)

Hydraulic Conductivity

A)

If a water bearing

unit

is

encountered

while performing

soil

boring(s)

for the physical soil

classification,

an

in-situ hydraulic

conductivity

test

shall be performed

in

the first

fully saturated

layer below

the water table.

If multiple

water bearing

units are

encountered, an

in-situ

hydraulic

conductivity

test shall be

performed on

each such

unit.

i)

Wells used for hydraulic

conductivity

testing

shall be

constructed

in

a

manner

that ensures the most

accurate

results.

ii)

The

screen

must be

contained within the

saturated

zone.

B)

If no

water bearing unit

is

encountered

in

the required soil

boring(s), then the

following laboratory

analyses

shall be

conducted,

as applicable,

on

a

representative sample from

each

stratigraphic

unit:

i)

A hydraulic

conductivity

analysis of undIsturbed or

laboratory

compacted granular soils

(i.e.~clay,

silt, sand

or gravel) using

the

test method

specified

in

ASTM

(American

Society

for Testing

and

Materials)

Standard

D

5084-90,

“Standard Test Method

for Measurement of

Hydraulic

Conductivity of Saturated Porous Materials

Using

a Flexible

Wall Permeameter,”

incorporated by

reference

in

Section

732. 104

of this Part;

ii)

Granular

soils

having estimated

hydraulic

conductivity of

greater than

I

x

i0~cm/s

will fail the

hydraulic

conductivity

requirements within the Berg

Circular

for

“No Further

Action”

geology,

and therefore,

no

tests

need

to be run on

the soils.

29

---

iii)

A hydraulic

conductivity

analysis of bedrock using

the

test method

specified

in

ASTM

(American

Society

for

Testing

and

Materials)

Standard D 4525-90,

“Standard

Test Method

for Permeability of Rocks

by

Flowing

Air,”

incorporated

by

reference

in

Section

732. 104 of this

Part.

4)

If the results of the physical soil

classification or groundwater

investigation

reveal

that

the actual site geologic

characteristics are

different

from

those

generally

mapped by

the Illinois

State

Geological

Survey Circular

(1984) entitled,

“Potential

for Contamination of

Shallow

Aquifers

in

Illinois,”

incorporated by

reference

at Section

732.104

of this Part,

the site classification

shall be determined using

the actual site geologic characteristics.

d)

Method Two for Physical

Soil Classification:

1)

Soil

Borings

A)

A

mjnirnum of one

soil

boring

to

a depth

that

includes at least

the first

15

feet of native

material

below

the invert elevation of

the UST.

B)

This

boring

shall

meet

the requirements of subsections (c)(1)(C)

through (c)(1)(G)

above.

2)

Soil Properties

The following tests

shall

be performed on

a representative

sample of

each stratigraphic unit encountered

in

the native

soil

boring:

A)

A

soil particle analysis

satisfying the requirements of subsection

(c)(2)(A) above;

and

B)

A pump test or equivalent to determine the

yield of the geologic

material.

Methodology,

assumptions and any calculations

performed shall be

submitted

as part of the

site classification

completion

report.

If the aquifer geometry

and

transmissivity

have been obtained

through

a

site-specific field investigation,

an

analytical

solution may be used

to estimate well

yield.

The

Licensed

Professional

Engineer

shall demonstrate the

appropriateness of the analytical solution to estimate well yield

versus an

actual

field test.

Well

yield should

be determined for

either confined or unconfined

formations;

or

30

---

C)

Hydraulic conductivity

shall

be determined in accordance with

subsection

(c)(3)

above.

3)

The results

of the boring(s)

and

tests

described

in

subsections (d)(l) and

(d)(2) above shall be used to

demonstrate whether the first

15

feet of

native material

below the invert elevation

of the UST meets all

of the

following criteria:

A)

Does not

contain

unconsolidated

sand,

gravel or sand

and gravel

that is

5

feet or more in

thickness with

12 percent or less

fines

(i.e.,

fines

that

pass through

a No. 200

sieve tested according to

ASTM

(American

Society

for Testing

and Materials)

Standard D

22487-90,

“Standard Test Method

for Classification

of Soils

for

Engineering Purposes,”

incorporated by

reference

at Section

732. 104 of this Part);

B)

Does not

contain

sandstone

that

is

10

feet or more

in

thickness,

or

fractured

carbonate that is

15

feet or more in

thickness;

and

C)

Is not capable of:

i)

Sustained groundwater

yield,

from

up

to

a

12

inch

borehole,

of

150

gallons per

day

or more from

a

thickness of

15

feet or less;

or

ii)

Hydraulic conductivity of

I

x

10

-4 cm/sec or greater.

e)

If,

during the completion of the requirements

of subsections

(c)

or (d) above,

a

Licensed

Professional

Engineer

determines that

the site geology

is

not

consistent

with

areas

D, E,

F or

G

of the Illinois State

Geological

Survey

Circular

(1984) entitled,

“Potential

for Contamination of Shallow

Aquifers in

Illinois,” incorporated

by

reference

in

Section 732. 104 of this Part or that

the

criteria of subsection

(d)(3) are not

satisfied, any remaining steps

required

by

subsections

(c) or (d)

may be

suspended, provided that

the soil

investigation

has

been sufficient

to

satisfy the requirements of subsection (g) below.

If

activities are suspended

under this

subsection (e),

the Licensed

Professional

Engineer

shall complete the requirements of subsections

(0

through

(j)

below

in order

to determine whether the site

is

“High

Priority” or “Low

Priority.”

The site conditions upon

which

the

suspension of the requirements of

subsections

(c)

or (d) above is based

shall be

documented

in the

site

classification

completion

report.

0

Survey of Water

Supply Wells

31

---

1)

The Licensed

Professional Engineer

shall conduct a survey of water

supply

wells for the purpose of identifying and

locating all community

water supply

wells within 2500

feet of the UST

system and all

potable

water supply

wells within 200 feet of the UST

system.

The survey

shall include,

but

not be

limited

to,

contacting the Illinois

State

Geological Survey and

the Illinois

State Water

Survey.

The local unit

of government

with

authority

over the site

shall be contacted

to

determine if there

is

a local ordinance or policy

regulating the usage of

potable water supply

wells.

2)

The Licensed

Professional Engineer

shall provide a

map

to scale

showing the locations of all

community water supply

wells and

all

potable water

supply

wells

identified pursuant

to

subsection (0(1)

above.

Radii

of 200,

400

and

1000

feet from

the UST

system

shall be

marked on

the map.

3)

The Licensed

Professional

Engineer

shall

provide a table indicating

the

setback zone for each community water

supply

well and

potable water

supply

well

identified pursuant

to

subsection (0(1)

above and the

distance

from

the UST system

to

the well.

The locations of each

well

shall

be identified on

the map

by

numbers corresponding

to

the

information provided in the table.

4)

The Licensed

Professional

Engineer

shall determine if the UST system

is

within the regulated

recharge area of any community water supply

well or potable water supply

well.

The sources consulted

in

making

this

determination

shall

be described

in

the site classification

completion

report.

g)

Investigation of Migration

Pathways

1)

The Licensed

Professional

Engineer

shall conduct an

investigation

either

separately

or in

conjunction

with

the physical soil

classification

to

identify all

potential

natural

and

man-made migration pathways that

are on

the site, in

rights-of-way

attached to

the site,

or in

any area

surrounding the site that

may be

adversely

affected as a result of the

release of petroleum from

the

UST system.

Once the migration

pathways

have been identified, the

areas along

all

such pathways

shall

be

further investigated

in

a

manner sufficient

to

determine whether or

not there

is

evidence that

migration of petroleum or vapors

along such

pathways:

A)

May potentially threaten human health or

human

safety;

or

32

---

B)

May cause explosions

in

basements,

crawl

spaces,

utility

conduits, storm

or sanitary sewers,

vaults or

other

confined spaces.

2)

The Licensed

Professional

Engineer

shall provide

a

map of the

site and

any

surrounding areas

that

may be adversely

affected by

the release of

petroleum

from

the UST system.

At

a minimum, the map

shall be

to

scale,

oriented

with

north

at

the top,

and

shall show the location of the

leaking UST system(s)

with

any

associated

piping and all

potential

natural

and

man-made pathways

that are

on

the site,

in

rights-of-way

attached to

the

site,

or that are

in areas that

may be adversely affected

as a result of the release of petroleum.

3)

Unless the Agency’s review reveals

objective evidence to the contrary,

the Licensed

Professional Engineer

shall be

presumed correct

when

certifying

whether or not there

is

evidence that,

through

natural or

man-made pathways,

migration of petroleum or vapors:

A)

May potentially threaten human

health or human safety;

or

B)

May cause explosions

in

basements,

crawl

spaces,

utility

conduits,

storm or sanitary

sewers,

vaults or other confined

spaces.

h)

The Licensed

Professional

Engineer

shall verify whether Class III groundwater

exists

within 200

feet of the UST system.

i)

The Licensed

Professional

Engineer

shall

locate

all

surface bodies of water

on

site and

within

100

feet of the site and

provide

a map noting the locations.

All

such surface

bodies of water shall

be

inspected

to determine

whether they have

been

adversely affected

by

the presence of a

sheen

or free product layer

resulting

from

the release of petroleum

from

the UST system.

3)

Groundwater

Investigation

1)

For any

site that

fails

to

satisfy

the requirements

for a “No Further

Action”

site classification,

the Licensed

Professional

Engineer

shall

perform a groundwater investigation

in accordance

with this

subsection

(j)

to determine whether

an

applicable indicator contaminant

groundwater quality standard has been exceeded

at the property

boundary

or 200

feet from

the excavation,

whichever is

less,

as

a result

of the UST release of petroleum.

33

---

2)

Applicable indicator contaminants

and

groundwater quality

standards

shall be

those identified

pursuant to

Sections 732.310

and 732.311

of

this

Part.

3)

A minimum

of four

groundwater monitoring wells

shall be

installed at

the property

boundary or 200

feet from

the UST system, whichever

is

less.

The Agency

may

require the installation of additional

monitoring

wells

to

ensure

that at least one

monitoring

well

is

located hydraulically

upgradient

and three monitoring wells

are located hydraulically

downgradient of the UST

system.

The wells

must

be

installed

so that

they provide the greatest likelihood of detecting migration of

groundwater contamination.

At a

minimum, monitoring

well

construction shall

satisfy

the following requirements:

A)

Construction

shall be in

a manner that will

enable the collection

of representative

groundwater

samples;

B)

All

monitoring

wells shall be

cased

in

a manner that maintains

the integrity

of the borehole.

Casing

material

shall be inert so

as

nOt

to

affect

the water sample.

Casing requiring solvent-

cement type couplings

shall not be used~

C)

Wells shall be

screened

to

allow sampling

only at

the desired

interval.

Annular space between the borehole wall

and well

screen

section

shall be packed

with

clean,

well-rounded

and

uniform material

sized

to

avoid clogging

by

the material

in the

zone being monitored.

The

slot

size of the screen shall be

designed

to

minimize clogging.

Screens

shall

be

fabricated

from

material

that

is

inert with

respect

to

the constituents of the

groundwater to

be

sampled;

D)

Annular

space above the well

screen

section shall be

sealed

with

a relatively

impermeable, expandable material

such as

cement/bentonite grout,

which

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;

E)

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;

34

---

F)

All

monitoring

wells

shall be covered

with vented caps

and

equipped

with

devices to protect against tampering and

damage.

Locations of wells

shall be clearly marked

and protected against

damage from vehicular

traffic or other activities

associated

with

expected

site user and

G)

All

wells

shall be

developed

to allow free entry of water,

minimize turbidity of the sample,

and

minimize clogging.

4)

Monitoring

well

construction diagrams prescribed

and provided

by

the

Agency or diagrams

using

a

similar

format and

containing the same

information shall be completed

for each monitoring

well.

5)

Static water elevations shall be

measured for each

monitoring well.

Groundwater

samples

shall be

taken

from each well and

analyzed for

the applicable indicator contaminants.

The data collected

shall be used

to

determine the

direction of groundwater flow and whether the

applicable

groundwater quality

standards

or clean-up

objectives have

been exceeded.

Samples shall be

collected and analyzed

in

accordance

with

the following procedures:

A)

Samples

shall be

collected

in accordance with

the procedures set

forth

in the documents “Methods for

Chemical Analysis of

Water and

Wastes,”

“Methods

for the Determination of Organic

Compounds

in

Drinking

Water,”

“Practical

Guide for Ground-

Water

Sampling,””Test

Methods

for Evaluating

Solid Wastes,

Physical/Chemical

Methods,” or

“Techniques

of Water

Resources

Investigations of the United

States Geological

Survey,

Guidelines for Collection

and Field

Analysis

of Ground-Water

Samples for Selected Unstable Constituents,”

as appropriate for

the applicable indicator contaminants or groundwater objectives

and

as incorporated

by

reference at

Section

732.104

of this Part.

B)

Groundwater elevation

in

a groundwater

monitoring

well

shall

be

determined and

recorded to

establish

the gradient of the

groundwater

table.

C)

The analytical

methodology used

for the analysis of the

indicator

contaminants shall

be consistent

with

both of the following:

i)

The methodology shall

have a practical

quantitation limit

(PQL) at or below

the objectives or detection

levels of

Appendix

B

or as

set for mixtures or degradation

products as provided

in

Section

732.3 10 of this Part;

and

35

---

ii)

The methodology

must be consistent with

the

methodologies contained

in

“Methods

for Chemical

Analysis of Water

and Wastes,”

“Methods for the

Determination of Organic Compounds

in

Drinking

Water,”

“Practical

Guide

for Ground-Water Sampling,”

“Test Methods

for Evaluating

Solid

Wastes,

Physical/Chemical

Methods,”

and

“Techniques

of Water

Resources

Investigations of the United States Geological

Survey,

Guidelines

for Collection

and Field Analysis

of

Ground-Water Samples for

Selected Unstable

Constituents,”

as incorporated

by

reference

at Section

732. 104.

D)

In addition

to

analytical results,

sampling

and

analytical reports

shall contain

the following information:

i)

Sample

collection

information

including but not limited

to

the name of sample collector, time

and date of sample

collection,

method

of collection,

and

monitoring location;

ii)

Sample

preservation

and

shipment

information including

but

not

limited to field quality

control;

iii)

Analytical procedures including

but not limited

to the

method

detection limits and

the practical

quantitation

limits

(PQL);

amid

iv)

Chain

of custody

and

control—b

and

v)

Field and lab

blanks.

Section

732.308

Boring

Logs

and

Sealing of Soil

Borings

and

Groundwater Monitoring

Wells

a)

Soil boring

logs

shall

be

kept for all

soil borings.

The logs

shall be

submitted

along with the

site classification completion

report

and

shall be

on

forms

prescribed by

the

Agency or in

a

similar format

containing the same

information.

1)

Soil boring

logs shall contain

the following information

at a

minimum:

A)

Sampling

device,

sample number

and

amount of recovery;

36

---

B)

Total

depth

of boring

to

the nearest

6

inches;

C)

Detailed field observations

describing materials encountered

in

boring,

including

soil

constituents,

consistency, color,

density,

moisture,

odors,

and

the nature and extent of sand or gravel

lenses or seams

equal

to or greater than

1

inch

in

thickness;

D)

Petroleum

hydrocarbon

vapor readings

(as determined by

continuous

screening of borings with

field

instruments capable

of detecting such

vapors);

E)

Locations of sample(s)

used for physical

or chemical

analysis;

and

F)

Groundwater

levels while boring

and at completion.

2)

Boring

logs

for soil boring(s) completed

for physical soil

classification

also

shall include

the

following information, as

applicable for the

classification

method

chosen,

for each stratigraphic unit encountered

at

the

site:

A)

Moisture

content;

B)

Unconfined

compression

strength

in

tons

per

square foot (TSF)

using

a

hand

penetrometer;

and

C)

Unified

Soil

Classification

System

(USCS)

soil

classification

group symbol

in

accordance with

ASTM

Standard

D 2487-90,

“Standard Test

Method for Classification

of Soils

for

Engineering

Purposes,”

incorporated by

reference

in

Section

732.104 of this Part.

b)

Boreholes and

monitoring wells

shall

be abandoned pursuant

to

regulations

promulgated by

the Illinois

Department of Public Health

at 77

lii.

Adm.

Code

920. 120.

Section

732.309

Site Classification

Completion Report

a)

Within

30

days ef after the completion of a site evaluation in accordance with

Section

732.307,

the owner or operator shall submit to the Agency

a

site

classification

completion

report addressing

all

applicable

elements of the site

evaluation.

The report

shall contain

all

maps,

diagrams, and

any

other

information required by

Section

732.307,

as

well

as the results or conclusions

of all surveys and investigations

and

any documentation

necessary

to

37

---

demonstrate those results

or conclusions.

The

report shall be

submitted

on

forms prescribed by

the Agency

or in a

similar format containing the

same

information,

shall be signed

by

the owner or operator,

and

shall

contain

the

certification of a Licensed

Professional

Engineer of the site’s

classification as

“No Further

Action,”

“Low

Priority”

or “High

Priority”

in

accordance with

this Subpart

C.

b)

The Agency

shall

have the authority

to

review and

approve, reject or require

modification of any

report

submitted

pursuant

to this

Section

in accordance

with

the procedures

contained

in

Subpart

E

of this Part.

Section

732.310

Indicator

Contaminants

a)

For purposes

of this Part,

the term

“indicator contaminants” shall mean

the

parameters listed

in

subsections

(b) through

(g) below.

b)

For gasoline,

including but not

limited

to

leaded, unleaded,

premium

and

gasohol,

the indicator contaminants shall be

benzene,

ethylbenzene,

toluene

and

total

xylenes).

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

Appendix

A.

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,

the polynuclear aromatics listed

in

Appendix

B and

the

polychiorinated

biphenyl

parameters listed

in

Appendix

B.

e)

For hydraulic

fluids

the indicator contaminants

shall be benzene,

ethylbenzene,

toluene,

total

xylenes the polynuclear aromalics listed

in

Appendix

B

and

barium.

0

For petroleum

spirits,

mineral spirits,

Stoddard

solvents,

high-flash aromatic

naphthas,

moderately volatile

hydrocarbon

solvents

and petroleum extender

oils,

the indicator contaminants

shall be the volatile,

base/neutral and

polynuclear aromatic parameters listed

in

Appendix

B.

The Agency

may add

degradation

products or

mixtures of any of the above pollutants

in accordance

with

35

Ill.

Adm.

Code

620.615.

38

---

g)

For used oil

the indicator contaminants shall be

determined by

the results of a

used oil soil

sample analysis.

Prior

to

the

submission of a

site classification

plan the owner or operator shall

collect a

grab

sample

from a

location

representative

of soil

contaminated

by

a

release

from

the used oil UST.

If an

area of contamination

cannot be

identified,

the sample shall

be

collected

from

beneath

the

used oil

UST.

The sample shall be

analyzed for:

1)

All

volatile,

base/neutral, polynuclear aromatic and

metal parameters

listed

at Appendix

B and

any

other

parameters the Licensed

Professional Engineer

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

III.

Mm.

Code

620.615.

2)

The used oil indicator contaminants shall be those

volatile,

base/neutral,

polynuclear

aromatic

and

metal parameters listed

at Appendix

B

or

as

otherwise identified at subsection

(a)

above that

exceed

their cleanup

objective at Appendix

B

or as determined

by

the Agency.

3)

If none of the parameters exceed

their cleanup objective,

the

used oil

indicator contaminants

shall be

benzene,

BETX

and the polynuclear

aromatics

listed

in

Appendix

B.

Section

732.311

Indicator

Contaminant

Groundwater

Objectives

For purposes of this Part,

indicator contaminant

groundwater

quality

standards

shall

be the

groundwater objectives specified

in

Appendix

B

for the applicable

indicator contaminants.

For mixtures

and degradation products

that

have been included

as indicator contaminants in

accordance with

Section

732.310 of this Part,

the Agency

shall determine groundwater

objectives

on

a

site-by-site basis.

SUBPART D:

CORRECTIVE ACTION

Section

732.400

General

a)

Following approval of the

site evaluation

and

classification

by

the Agency or

by operation

of law pursuant

to

Subpart

C of this Part

and

except

as provided

in

subsection (b) or

(c)

below,

the owner or operator of

ami

UST system

subject

to

the requirements of this Part

shall develop and

submit a corrective action

plan

and

perform corrective action

activities

in

accordance with

the procedures

and

requirements contained

in

this

Subpart D.

b)

Owners or operators

of sites

classified

in

accordance with the requirements

of

Subpart C

as “No

Further

Action”

may choose

to conduct rernediation

sufficient to

satisfy

the remediation

objectives in

Section

732.408 of this Part.

39

---

c)

Owners or operators of sites classified

in

accordance

with the requirements of

Subpart C

as

“Low

Priority”

may choose to conduct remediation

sufficient

to

satisfy

the remediation

objectives

in

Section

732.408

of this Part.

Any

owner

or operator choosing

to

conduct remediation

sufficient to

satisfy

the

remediation objectives

in

Section 732.408

of this Part

shall so notify

the

Agency

in writing

prior

to

conducting

such efforts.

Upon completion of the

remediation activities,

owners or operators choosing

to

conduct remediation

sufficient to

satisfy

the remediation

objectives in

Section

732.408 of this Part

shall submit a corrective

action

completion

report to

the

Agency

demonstrating

compliance

with the required

levels.

Upon approval of the corrective action

completion

report

by

the

Agency or by

operation of law

in

accordance

with

Subpart

E,

a “No Further Remediation”

letter shall be

issued

by

the

Agency.

BOARD

NOTE:

Owners or operators proceeding

under

subsection (b) or (c)

above

are advised that they

may not be entitled

to

full payment or

reimbursement.

See

Subpart F of this Part.

Section

732.401

Agency

Authority to

Initiate

Pursuant

to Sections 732.100 or

732.105

of this

Part,

the Agency shall have the authority

to

require or initiate corrective action

activities

in

accordance with the remainder of this

Subpart

D.

Section

732.402

“No Further

Action” Site

The owner or operator

of a

site that

has been

certified as

a

“No Further Action”

site by

a

Licensed

Professional Engineer

and

approved as such by

the

Agency or by operation of law

shall

have

no

additional

remediation

responsibilities beyond

those performed pursuant to

Subparts

B

or

C

of this Part.

Unless the

Agency

takes action

to reject or modify

the site

classification completion

report pursuant

to

Section

732.309,

the Agency

shall issue to

the

owner or operator within

120 days ef after

the receipt of a complete report a

“No Further

Remediation” letter in accordance with

Section

732.410.

Section

732.403

“Low

Priority”

Site

a)

The owner or operator of a

site

that

has been

certified as a

“Low

Priority”

site

by

a

Licensed

Professional

Engineer

and approved as such by

the Agency

or

by

operation

of law

shall

develop a groundwater

monitoring plan and perform

groundwater

monitoring in

accordance with the requirements of this

Section.

b)

The owner or operator of a

site certified

as

“Low

Priority”

by a

Licensed

Professional Engineer

and

approved as

such by

the Agency or by

operation

of

law

shall develop a

groundwater monitoring plan designed

to

satisfy

the

following requirements at a

minimum:

40

---

1)

Groundwater

monitoring shall be conducted

for a period of three years

following the Agency’s approval of the site classification;

2)

Groundwater

monitoring

wells

shall be

placed at the property

line

or

200 feet from

the UST

system,

whichever

is

closer.

The wells

shall be

placed in

a configuration

designed to provide

the greatest likelihood of

detecting migration of groundwater contamination;

3)

Groundwater

monitoring

wells

shall

satisfy

the requirements at Sections

732.307(,j)(3) and

732.307(j)(4) of this Part;

4)

During the first year of groundwater monitoring,

samples

from each

well shall

be collected

and analyzed

on

a

quarterly

basis.

During the

second year of groundwater monitoring,

samples from

each well shall

be collected

and

analyzed during

the second

and

fourth quarters.

During the third

and

final year of groundwater

monitoring,

at a

minimum,

samples

from

each well

shall be

collected

and

analyzed

in

the fourth

quarter

5)

To determine whether

groundwater quality

standards

or Agency

approved

objectives

have been exceeded,

samples for groundwater

monitoring

shall be

collected and analyzed

in

accordance with the

procedures set

forth

in

Section

732.307(,j)(5)

of this Part for the

applicable indicator contaminants determined pursuant

to

Section

732.3 10 of this Part.

c)

Prior

to the implementation of groundwater monitoring,

the owner or operator

shall

submit the groundwater

monitoring plan

to

the Agency

for review in

accordance with

Section

732.405.

If the owner or operator intends to

seek

payment

from

the

Fund, a

groundwater

monitoring budget plan also

shall be

submitted

to

the

Agency for review.

The groundwater

monitoring budget plan

shall

include a

line

item

estimate of all

costs

associated

with the

implementation and

completion

of the groundwater

monitoring plan.

Groundwater monitoring plans

and

budgets

shall

be

submitted

on

forms

prescribed by

the Agency or in

a

similar format containing the

same

information.

d)

Groundwater analysis results

obtained pursuant

to

subsection

(b)

above shall be

submitted to the Agency within

30

days of after the

end of each annual

sampling period

on

forms

prescribed by

the Agency

or in

a

similar

format

containing the same information.

1)

The information

to

be

collected

shall

include but

not

be

limited

to the

information set

forth

in

Section

732.307(j)(5) of this

Part.

41

---

2)

If at any

time

the groundwater analysis results

indicate a

confirmed

exceedence of the applicable indicator contaminant

groundwater

quality

standards or Agency

approved objectives as a result of the underground

storage tank release of petroleum, the owner or operator shall notify the

Agency of the exceedence

within

30 days

and

provide

supporting

documentation

of the nature

and

extent of the exceedence.

3)

Indicator

contaminant groundwater quality

standards

shall be

determined in

accordance with

Section

732.311

of this Part.

e)

Within

30 days of after the completion

of the

“Low

Priority”

groundwater

monitoring plan,

the owner or operator shall submit to

the Agency

a

groundwater monitoring

completion report

in accordance with

Section

732.409

of this

Part.

If there

is

no confirmed exceedence

of applicable indicator

contaminant

objectives during

the three

year groundwater

monitoring period,

the

report shall contain

a certification to

that

effect by

a Licensed

Professional

Engineer.

0

The Agency

shall review

the groundwater monitoring

completion

report

in

accordance with

the procedures

set

forth

in Subpart

E of this Part

and

shall

issue a

“No Further Remediation”

letter to the owner or operator

in

accordance with

Section

732.4 10

upon

approval

of the report by

the Agency or

by

operation of law.

g)

If at any time groundwater analysis results indicate a confirmed exceedence of

applicable indicator contaminant objectives,

the Agency

may reclassify

the site

as a

“High Priority”

site within

60

days of after

the receipt of an

annual

groundwater

sampling

report,

a

groundwater monitoring completion report,

or

a notification

by

the owner or operator pursuant

to

subsection (d)(2) above.

The Agency

shall notify the

owner or operator

in

writing

if a

site

is

reclassified.

Notice of reclassification

shall be

by

registered or certified mail,

post marked

with a date stamp

and

with

return

receipt requested.

Final

action

shall be

deemed

to have taken place

on

the post

marked date that

such notice

is

mailed.

Any

action

by

the Agency

to

reclassify the site as a

“High

Priority”

site shall be

subject to

appeal

to

the Board

within

35

days of after’ the

Agency’s final action

in

the manner provided for

in

the

review of permit

decisions in

Section

40

of the Act.

h)

The owner or operator of a

“Low

Priority”

site reclassified

to

“High

Priority”

pursuant

to

subsection

(g) above shall develop

and

submit for Agency

approval

a

“High Priority”

corrective

action

plan satisfying the requirements

of Section

732 404

of this

Part

within

120

days of after receiving the notice of

reclassification.

If the owner or operator

intends to

seek

reimbursement from

the Fund, a

corrective action

plan budget also

shall

be

submitted

within

120

42

---

days of ~

receiving

the notice of reclassification.

Section 732.404

“High Priority”

Site

a)

The owner or

operator of a

site

that

has been

certified by

a

Licensed

Professional

Engineer

as a

“High

Priority”

site and

approved

as such by

the

Agency or by

operation of law

shall develop

a corrective action

plan and

perform corrective action

in

accordance with the requirements of this

Section.

The purpose of the corrective action

plan

shall be

to remediate or eliminate

each of

the criteria set forth

in

subsection

(b) below

that

caused the site to be

classified as

“High

Priority.”

b)

The owner or operator of a

site certified as

“High Priority”

by

a Licensed

Professional Engineer

and

approved

as

such by

the Agency or by

operation of

law or reclassified

as

“High

Priority”

by

the Agency pursuant to

Section

732.403(g) shall develop

a

corrective

action plan based

on

site conditions

and

designed to

achieve the following as applicable

to the

site:

1)

Provide

that,

after complete performance of

the corrective action

plan,

applicable

indicator contaminant objectives are

not

exceeded at the

property

boundary

line or 200

feet from the UST system,

whichever

is

less,

as a result of the underground

storage tank release

for any

indicator contaminant identified in

the groundwater investigation.

If off-

site sampling

is

included

within an

approved corrective action plan and

if an

adjoining property owner

will not allow the owner

or operator

access

to

his

or her

property

so as to ascertain

information sufficient

to

satisfy

this requirement or if the owner cannot be located, adequate

documentation

of the owner or operators’

efforts

to gain

access to the

property

shall satisfy

this

subsection;

2)

Provide

that,

after complete performance of the corrective action plan,

Class

III special resource groundwater quality

standards for Class

III

special

resource

groundwater within

200

feet of the UST system are not

exceeded as

a result of the underground

storage

tank release for any

indicator contaminant identified in

the groundwater investigation;

3)

Remediate threats due

to

the presence or migration,

through natural or

manmade pathways,

of petroleum in concentrations sufficient

to harm

human health

or human safety

or to cause explosions

in

basements,

crawl spaces,

utility

conduits,

storm or sanitary

sewers,

vaults or other

confined spaces;

4)

Remediate

threats to

potable water

supplies;

and

43

---

5)

Remediate threats

to

bodies

of surface water.

c)

In developing

the corrective

action plan, if the Licensed

Professional Engineer

selects soil

or groundwater

remediation, or both,

to

satisfy

any of the criteria

set

forth

in

subsection (b) above,

remediation

objectives shall be

determined in

accordance with

Section 732.408 of this

Part.

Groundwater

monitoring wells

shall

satisfy

the requirements of Sections 732.307(j)(3)

and 732.307(j)(4) of

this Part.

d)

In developing the corrective action

plan, additional

investigation

activities

beyond

those required for the

site evaluation and

classification

may be

necessary

to

determine the full extent of soil or groundwater contamination and

of threats to

human health or the environment.

Such

activities

may include,

but are

not

limited

to,

additional

soil

borings

with

sampling

and

analysis or

additional groundwater monitoring

wells

with

sampling

and

analysis.

Such

activities as

are technically

necessary

and

consistent

with

generally

accepted

engineering

practices may

be performed without submitting

a work plan or

receiving prior

approval from

the

Agency,

and

associated

costs

may be

included

in

a

“High

Priority”

corrective

action budget plan.

A description of

these activities

and the results

shall be

included

as

a part of the corrective

action plan.

e)

The owner or operator shall submit the corrective action plan

to

the Agency

for review in accordance with

Section

732.405 of this Part.

If the owner or

operator intends

to

seek

payment from

the

Fund, a corrective action

plan

budget also

shall be submitted

to

the Agency for review.

The corrective

action plan budget shall include

a

line

item

estimate of all

costs

associated with

the implementation

and

completion of the corrective action

plan.

The

corrective action

plan

and corrective action

plan budget shall be

submitted on

forms prescribed

by

the Agency or in

a similar format containing the same

information.

0

Within

30

days of

after

completing the performance of the “High Prionty

corrective action

plan,

the owner or operator shall

submit

to

the Agency

a

corrective action

completion

report in

accordance with

Section 732.409 of this

Part.

g)

Within

120

days,

the Agency

shall

review the corrective action completion

report

in

accordance

with

the procedures

set

forth

in Subpart E of this Part

and

shall

issue

a

“No Further

Remediation” letter

to

the owner or operator in

accordance

with

Section

732.4 10 upon

approval by

the Agency or by

operation

of law.

Section

732.405

Plan

Submittal and

Review

44

---

a)

Prior

to

conducting

any

corrective

action

activities

pursuant

to

this

Subpart D,

the owner or operator

shall submit to

the Agency

a

“Low

Priority”

groundwater monitoring

plan or a

“High

Priority”

corrective action plan

satisfying the

minimum requirements

for such activities

as

set

forth

in

Sections

732.403

or 732.404 of this Part,

as

applicable.

Groundwater

monitoring

and

corrective action plans

shall be

submitted

on