ILLINOIS POLLUTION CONTROL BOARD
February 21, 2002
IN THE MATTER OF:
REGULATION OF PETROLEUM LEAKING
UNDERGROUND STORAGE TANKS;
AMENDMENTS TO 35 ILL. ADM. CODE
732
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R01-26
(Rulemaking – Land)
Proposed Rule. Second Notice.
OPINION AND ORDER OF THE BOARD (by N.J. Melas, R.C. Flemal, S.T. Lawton):
On December 6, 2000, the Illinois Environmental Protection Agency (Agency) filed a
proposal for rulemaking to further amend the Board’s Petroleum Leaking Underground Storage
Tank (UST) regulations. The Agency submitted this proposal to the Board in order to clarify and
refine Part 732 in accordance with the experience that the Agency has gained in administering
the regulations since they were adopted in 1994 and amended in 1997.
See
Regulation of
Petroleum Leaking Underground Storage Tanks 35 Ill. Adm. Code 732 (Pursuant to P.A. 88-
496), R94-2(A) (Sept. 15, 1994) (original UST regulations); Regulation of Petroleum Leaking
Underground Storage Tanks (35 Ill. Adm. Code 732), R97-10 (Mar. 6, 1997) (amendments to
UST regulations).
By today’s action, the Board proposes for second notice the following amendments
pursuant to the Illinois Administrative Procedure Act (5 ILCS 100/1-1
et seq.
(2000)) for
consideration by the Joint Committee on Administrative Rules (JCAR).
PROCEDURAL HISTORY
Two public hearings were held in this matter before Board Hearing Officer Joel
Sternstein, Board Members, and Board staff. The first hearing was held on February 27,
2001, in Springfield. The second hearing was held on April 3, 2001, in Chicago.
The Board issued its first notice opinion and order in this matter nearly four months ago.
See
Amendments to 35 Ill. Adm. Code 732; Regulation of Petroleum Leaking Underground
Storage Tanks, R01-26 (Nov. 1, 2001). On November 16, 2001, the proposed amendments were
published in the
Illinois Register
at 25 Ill. Reg. 14648.
The following persons filed public comments during the public comment period after the
Board issued its first-notice opinion and order: J. Randle Schick, Assistant Chief Counsel with
the Illinois Department of Transportation (IDOT) (PC 11); Ronald B. St. John, President of the
Illinois Chapter of the American Institute of Professional Geologists (AIPG) (PC 12); and Judith
S. Dyer, Assistant Legal Counsel for the Illinois Environmental Protection Agency (Agency) (PC
13).
2
The Board also received a public comment from the Illinois Environmental Regulatory
Group (IERG), but IERG submitted its public comment three weeks after the public comment
deadline had expired. The Board did not admit a public comment which was submitted three
weeks after the post-hearing comment deadline. The Board will follow the same practice and
will not admit IERG’s public comment either.
DISCUSSION
The Board will first provide a brief summary of its actions at first notice. The Board will
then discuss AIPG’s suggestions regarding Licensed Professional Geologists (LPGs). The Board
will examine IDOT’s proposal to allow indemnification from the UST Fund after a No Further
Remediation (NFR) Letter has been signed pursuant to a Highway Authority Agreement (HAA)
and IDOT’s proposal on indemnification applications. The Board then discusses the Agency’s
latest proposal on the trigger date for the beginning of the 45-day Early Action/reimbursement
period. Finally, the Board briefly discusses minor changes to requirements for federal
landholding entities and requirements for laboratory certification.
The Board’s First Notice Proposal
The Board generally supported the Agency’s proposal for first notice. Some of the
parties that participated in the hearings or provided public comments for docket R01-26
submitted additional regulatory language or other changes to supplement the Agency’s proposal.
The Board noted those submissions and incorporated some of them in the first notice proposal.
In addition, the Board made its own revisions to the Agency’s proposal and noted those as well.
Major substantive issues that the Board addressed at first notice included allowing LPGs
to practice pursuant to Part 732; off-site access for UST owners and operators including alerting
off-site owners about migration of contamination and “best efforts” to obtain off-site access;
adding methyl tertiary-butyl ether (MTBE) as an indicator contaminant; a Memorandum of
Agreement (MOA) between the Agency and IDOT allowing NFR Letters to be perfected; a Land
Use Control Memorandum of Agreement (LUC MOA) between the Agency and federal
landholding entities to allow the recording and perfection of NFR Letters at federally-owned
sites.
After examining the record, the Board found that the proposed amendments to the UST
regulations were both technically feasible and economically reasonable.
For a more detailed discussion of the proposed amendments, please refer to the Board’s
first-notice opinion and order in this matter.
Licensed Professional Geologists
AIPG opposes the Board’s proposed amendments allowing LPGs to work under the
supervision of Licensed Professional Engineers (LPEs). AIPG claims that the Board’s proposal
is unnecessary because anyone may conduct UST-related activities under the supervision of an
LPE. AIPG also claims that the General Assembly, in authorizing the regulations and licensing
3
of LPGs, did not require LPGs to practice under LPEs. Specifically AIPG opposes the proposed
amendments at subsections 732.307(a) and (b), 732.312(d), and 732.601(b). AIPG also opposes
language that the Board has proposed at 35 Ill. Adm. Code 732.307(e) prohibiting LPGs from
taking the lead in performing investigations of migration pathways at UST sites. AIPG states
that these matters should be addressed by the General Assembly. PC 12 at 1-2.
The Board has not received comments during the first notice period from any other LPGs
who have been involved with docket R01-26. Since AIPG is requesting that the Board remove
LPGs from the subsections mentioned above and since AIPG is contemplating a legislative fix to
their concerns, the Board will comply with AIPG’s public comment. The Board notes that
nearly all of the other references to LPGs that the Board included in the first-notice opinion and
order directly relate to the subsections that AIPG is discussing. The Board will therefore remove
any mention of LPGs throughout this second-notice opinion and order. The Board is also
removing all references to LPGs in the second-notice opinion and order for docket R01-27 today.
See
Site Remediation Program Amendments to 35 Ill. Adm. Code 740, R01-27 (February 21,
2002).
The Board notes that a bill was recently introduced in the Illinois Senate that would
expand the scope of practice for Licensed Professional Geologists under the Act. See 92nd Ill.
Gen. Assem., Senate Bill 1968, 2002 Sess; 92nd Ill. Gen. Assem., House Bill 5846, 2002 Sess.
Indemnification from the UST Fund – Subsection 732.606(kk)
IDOT generally supports the Board’s proposal. However, IDOT wants the amendment
allowing indemnification of costs for MTBE remediation after receipt of an NFR Letter at 35
Ill. Adm. Code 732.606(kk) to be expanded. PC 11 at 1. IDOT claims that the Highway
Authority Agreements (HAAs) that it signs with owners or operators of USTs are both an
institutional control for purposes of the Tiered Approach to Corrective Action Objectives
(TACO) regulations at 35 Ill. Adm. Code 742.1020 and also a settlement agreement pursuant to
Section 57.8(c) of the Act (415 ILCS 5/57.8(c) (2000)). PC 11 at 3.
Section 732.606 lists costs that are ineligible for payment from the UST Fund. At first
notice the Board proposed allowing MTBE remediation costs to be eligible for payment. IDOT
seeks the following change to 732.606(kk) (the Board’s first notice proposal is underlined, and
IDOT’s suggested changes are double underlined):
kk) Costs incurred for additional remediation after receipt of a No Further
Remediation Letter for the occurrence for which the No Further
Remediation Letter was received, except costs incurred for MTBE
remediation pursuant to subsection 732.310(i)(2) of this Part or
indemnification costs incurred pursuant to a court order or settlement
agreement (including a highway authority agreement under 35 Ill. Adm.
Code 742.1020), between the owner or operator and a third-party meeting
the requirements of 415 ILCS 5/57.8(c);
4
IDOT attempted to insert the language that it is proposing for subsection 732.606(kk) into
its HAAs back in 1997 but the Agency opposed the language. PC 11 at 1-2.
Procedural Issues
Agency Arguments.
The Agency objects to IDOT’s public comment, calling it a new
rulemaking proposal as opposed to a comment on the Board’s proposal. PC 13 at 12. The
Agency argues that IDOT is attempting to make HAAs into settlement agreements for purposes
of indemnification from the UST Fund. PC 13 at 12. The Agency states that it would be happy
to work with IDOT on any amendments to Part 732 that IDOT thinks are necessary for possible
inclusion in a future regulatory proposal to the Board. PC 13 at 12.
The Agency claims that neither the Board’s procedural regulations nor the Administrative
Procedure Act allow IDOT to propose a new amendment at second notice. PC 13 at 12, 13. The
Agency points to Section 102.202 of the Board’s procedural regulations which provides that a
regulatory proposal must include a statement of reasons in support of the proposal, a synopsis of
testimony to be presented by the proponent at hearing, and, for those proposals not submitted by
the Agency or Department of Natural Resources, a petition signed by at least 200 persons. IDOT
did none of these. PC 13 at 13. The Agency then argues that the Board has not had the
opportunity to hear testimony (pro and con) at hearing nor receive post-hearing comments on
IDOT’s proposal. PC 13 at 3. The Agency also points out that the IDOT proposal has not yet
been published in the
Illinois Register
and that the public has not yet been able to comment on
the proposal, which are violations of the Administrative Procedure Act.
See
5 ILCS 100/5-40
(2000).
Board Finding.
The Board may make changes to its proposal in the second-notice
opinion and order to reflect the comments that it received during the first-notice period. The
Administrative Procedure Act dictates that the Board may not make substantive changes to its
proposal during the subsequent second notice period, except in response to objections or
suggestions from the Joint Committee on Administrative Regulations (JCAR). 5 ILCS 100/5-
40(c) (2000). The Agency chooses to classify IDOT’s public comment as a new proposal, while
IDOT is requesting that the Board modify the amendments at subsection 732.606(kk).
Although the Board thanks IDOT for submitting its public comment well in advance of
the deadline (and therefore allowing the Agency to comment on it), the Board questions why
IDOT did not propose its public comment during the hearings or during the post-hearing
comment period. The Board would have preferred to address IDOT’s concerns at an earlier
stage in the proceedings, thus providing a chance for greater public input and comment.
Nevertheless, the Board will address the substantive nature of IDOT’s public comment rather
than dismissing it on procedural grounds.
Substantive Issues
IDOT Arguments.
Under the Tiered Approach to Corrective Action Objectives (TACO)
owners or operators of USTs may leave contaminated soil and groundwater in place under a
highway right-of-way (provided access to the contamination is limited) according to “Highway
5
Authority Agreements” (HAAs).
See
35 Ill. Adm. Code 742.1020. HAAs provide that owners
or operators of leaking USTs will not be required to remediate contamination and will not be
eligible for indemnification from the UST fund. PC 11 at 1. IDOT fears that soon it will have to
conduct remediation under a highway right-of-way where an HAA is in place, that it will then
seek reimbursement from a nearby owner or operator, and that the owner or operator will not
qualify for indemnification from the UST Fund. IDOT proposes changing the language at 35 Ill.
Adm. Code 732.606(kk) such that these owners or operators would be eligible for
indemnification from the UST Fund. PC 11 at 1-2.
IDOT claims that the Agency ceases to see an HAA as a settlement agreement once an
NFR Letter is issued. IDOT argues that this makes owners or operators choose one of the
following: (1) avoid entering into an HAA and pay to remediate a highway right-of-way in order
to seek repayment from the UST Fund or (2) enter into a HAA, obtain an NFR Letter, and then
risk that IDOT may remediate the contaminated area in the future and request reimbursement
from the owner or operator who will no longer be eligible for indemnification. IDOT claims that
it may soon pursue reimbursement from some owners or operators who chose option (2) and that
some of these owners or operators will face severe financial hardship as a result. PC 11 at 3-4.
IDOT argues that its HAA should entitle owners or operators to indemnification from the UST
Fund. PC 11 at 4.
IDOT claims that the Agency’s policy forces most owners or operators toward option (1).
PC 11 at 6. IDOT argues that option (1) is not in the interest of the owners or operators since
they must spend a great deal of money, wait for indemnification, and then risk being denied part
of the indemnification. IDOT then claims that this is against the Agency’s interest as it forces
the Agency to spend much more money from the UST Fund than if owners or operators choose
option (2). IDOT also claims that IDOT suffers under option (1) because it must shut down
roads while remediation takes place. Such remediation is often difficult because it occurs in
urban areas where there the owners or operators involved are often gas stations and the
remediation technicians must avoid sewers and other utility lines. PC 11 at 7.
IDOT argues that this barring indemnification from the UST Fund in these situations
would be contrary to Illinois’ system to remediate brownfields, the indemnification provisions at
Section 57.8(c) of the Act, and the overall risk-based approach to cleanup found in the Act. PC
11 at 1, 6.
Agency Arguments.
The Agency states that settlement agreements within the UST
Program are meant to settle a dispute in lieu of a court judgment or administrative order. When
IDOT enters into an HAA, it is not seeking court judgments, final administrative orders, or
determinations against owners or operators. PC 13 at 15. The Agency argues that owners and
operators enter into HAAs in order to avoid conducting remedial action, not to settle a pending
court or administrative action. The Agency urges the Board to reject the IDOT proposal because
HAAs are not settlement agreements. The Agency claims that IDOT uses HAAs to make
owners or operators pay IDOT’s costs when IDOT has allowed contaminated soil or
groundwater to remain below highway rights-of-way. PC 13 at 16.
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The Agency argues that any choice that an owner or operator must make between
entering into an HAA and paying for remediation is reflected in the way that IDOT has
structured the HAA. IDOT’s HAA provision which states that owners or operators must pay for
future remediation is not required by either UST or TACO regulations. Neither the UST or
TACO regulations require IDOT to perform work in a highway right-of-way after entering an
HAA. The Agency issues an NFR Letter based on an HAA when the Agency determines that the
HAA adequately protects human health and the environment. The Agency states that any work
that IDOT performs in an area covered by an HAA is on IDOT’s initiative and that IDOT should
exercise caution in those areas during work periods. The Agency states that IDOT cannot use
the UST Fund to recoup such expenses and should look elsewhere for funding if it does not want
owners or operators to pay. PC 13 at 17-18.
Board Finding.
IDOT’s arguments are intriguing but not necessarily convincing. The
Board finds that it is good public policy for owners or operators of USTs to be more inclined to
choose option (1) (remediating the UST and seeking indemnification from the Fund) than to
choose option (2) (entering into an HAA and receiving an NFR Letter). When choosing option
(1), there is a greater benefit to the environment and less potential risk to human health. The
Board acknowledges that money from the UST Fund may be used if owners or operators choose
option (1), but under IDOT’s proposal UST Fund money may be used under option (2) as well.
The Board also finds that IDOT’s proposal is not in accord with the purpose of an NFR
Letter. The significance of an NFR Letter is provided at Section 57.10(c) of the Act:
(c) The Agency's issuance of a no further remediation letter shall signify,
based on the certification of the Licensed Professional Engineer, that:
(1) all statutory and regulatory corrective action requirements
applicable to the occurrence have been complied with;
(2) all corrective action concerning the remediation of the occurrence
has been completed; and
(3) no further corrective action concerning the occurrence is necessary
for the protection of human health, safety and the environment.
The Board finds that, absent special circumstances such as MTBE contamination, the
UST Fund should not be used to pay for remediation costs once the Agency issues an NFR
Letter. An NFR Letter signifies that no further corrective action is necessary, thus making the
use of the UST Fund unnecessary. An Agency-issued NFR Letter within the context of an HAA
has the same meaning. IDOT has the right to remediate contamination once the NFR Letter has
been issued pursuant to the HAA, but it should make other arrangements for payment of these
corrective action costs.
The Board agrees with the Agency that HAAs are not both a settlement agreement and an
institutional control. HAA are an institutional control only, as clearly spelled out at Section
742.1020 of the Board’s TACO regulations. The Board therefore rejects IDOT’s proposal.
Clarification of Indemnification Applications
7
IDOT also advocates developing a regulation to clarify one of the application
requirements for indemnification at Section 57.8(a)(6)(B) of the Act. PC 11 at 5-6. IDOT does
not provide any suggestions on how to amend the Board’s regulations but instead states that it
“would be happy to work with the Agency, Board and others to develop such a rule.” PC 11 at
4-6. In the absence of a proposal, the Board declines to adopt any such amendment at this time.
45-Day Early Action/Reimbursement Period – Subsection 732.202(g)
UST owners or operators must commence Early Action activities as soon as there has
been a confirmed petroleum release from a UST. In the Agency’s original proposal to the Board
in this matter, the Agency proposed to change and clarify the trigger for reimbursement of
corrective action costs at the start of the 45-day Early Action period. The Agency’s proposal
would have switched the trigger for reimbursement from confirmation of a UST release to the
initial notification of the Illinois Emergency Management Agency (IEMA). The Agency
claimed that the initial notification to IEMA is “clearly documented” as opposed to confirmation
of a release. Amendments to 35 Ill. Adm. Code 732; Regulation of Petroleum Leaking
Underground Storage Tanks, R01-26 (Nov. 1, 2001), slip op. at 13-14.
The Board declined to adopt the Agency’s proposed change for the trigger date because it
was not entirely clear from the Agency’s proposal which of several required notifications to
IEMA should be the trigger date.
Id.
Agency’s New Proposal
The Agency states that it originally wanted to change the trigger from confirmation of a
release to initial notification of a release because the Agency is aware of initial notifications.
IEMA issues an incident report, and the Agency receives the notification date from IEMA. The
Office of the State Fire Marshal (OSFM) does not track the date of confirmation of a release and
does not provide such information to the Agency. PC 13 at 6-7, 9.
At times, the initial notification to IEMA is of a suspected release as opposed to a
confirmed release. PC 13 at 9. OSFM regulations require owners or operators to notify IEMA
upon confirmation of a release. 41 Ill. Adm. Code 170.600. OSFM regulations also allow seven
days to complete steps related to confirmation of a release. 41 Ill. Adm. Code 170.580. The
Agency states that, in practice, owners or operators may not comply with the OSFM requirement
to confirm a suspected release within seven days of initial notification to IEMA – and that
sometimes owners or operators may wait months or years before confirming the release. Under
the current requirements, the Agency complains that owners or operators may try to claim that a
late confirmation is the trigger date for the 45-day Early Action/reimbursement period. This, the
Agency states, defeats the whole purpose of Early Action. PC 13 at 7-8. The Board recognized
this dilemma in its recent decision in Ozinga Transportation Services v. IEPA, PCB 00-188
(Dec. 20, 2001), slip op. at 10-11.
8
The Agency points out another problem. Even if owners or operators timely notify
IEMA of a confirmation of a release, the incident report that IEMA sends to the Agency does not
reflect if the confirmation relates to a previously suspected release. PC 13 at 9.
In order to address these concerns, the Agency proposes the following language for
subsection 732.202(g) (single underlines and strikeouts):
For purposes of reimbursement, the activities set forth in subsection (f) of the
Section shall be performed within 45 days after confirmation initial notification to
IEMA of a release plus 7 days, unless special circumstances, approved by the
Agency in writing, warrant continuing such activities beyond 45 days
plus 7 days
.
The owner or operator shall notify the Agency in writing of such circumstances
within 45 days of confirmation initial notification to IEMA of a release plus 7
days of such circumstances. Costs incurred beyond 45 days
plus 7 days
shall be
eligible if the Agency determines that they are consistent with early action. PC
13 at 10-11.
For consistency’s sake the Board has added the phrase “plus 7 days” in two places
(italics).
The Agency claims that the proposed language above would “create a presumption” that
initial notification to IEMA is of a suspected release. The Agency claims that owners or
operators who report a suspected release are not deprived of a portion of the 45-day Early
Action/reimbursement period once the release is confirmed. PC 13 at 9.
The Agency admits that those owners or operators who initially report a confirmed
release will receive an extra seven days (52 in all) for Early Action/reimbursement activities.
However, the Agency claims that this is a small price to pay to ensure that the intent of the Early
Action portion of the UST program is not frustrated. PC 13 at 10.
The Agency uses the “plus 7 days” phrase rather than “52 days” for two reasons. The
first is to preserve the concept of the 45-day timeframe for Early Action/reimbursement. The
second is to reflect the rationale for making the change. The Agency states that it would not
object to the phrase “52 days” as an alternate to its proposal. PC 13 At 11.
Board Finding
The Board is pleased with the Agency’s new proposal and agrees with the reasons that
the Agency provides to support the new proposal. The Board believes that the Agency’s new
proposal should solve the problem that the Board addressed in Ozinga and other similar cases
with respect to initial notification of suspected releases, confirmation of releases, and the trigger
date for the 45-day Early Action/reimbursement period. The Board prefers the “plus 7 days”
phrase over the “52 days” phrase for the reasons that the Agency discussed. The Board proposes
the Agency’s new proposal for second notice. The Board is also adding a Board note to explain
the rationale behind the “plus 7 days” phrase.
9
Federal Landholding Entities –
Subsections 732.300(b)(1), 732.309(a), 732.312(i), and 732.409(b)
The Agency proposes several technical changes to language proposed at first notice
located at subsections 732.300(b)(1), 732.309(a), 732.312(i), and 732.409(b) of the UST
regulations. The changes exempt federal landholding entities (such as the military) from the
requirement to sign forms addressing ownership of sites in the UST Program. PC 13 at 18-20.
The Board accepts the changes and will include them in the second notice proposal.
Date for Laboratory Certification – Section 732.106
In its proposal to the Board, the Agency stated that soil and groundwater sampling for
UST investigations should be performed in accredited laboratories pursuant to 35 Ill. Adm. Code
186. The Agency proposed that July 1, 2002 should be the effective date for the regulation, but
at first notice the Board proposed July 1, 2003 as the effective date of the regulation in order to
give Illinois laboratories sufficient time to achieve accreditation. Amendments to 35 Ill. Adm.
Code 732; Regulation of Petroleum Leaking Underground Storage Tanks, R01-26 (Nov. 1,
2001), slip op. at 13.
In its public comment, the Agency proposes changing the effective date of the laboratory
certification to January 1, 2003. The Agency does not foresee a problem in completing the
laboratory accreditation process by January 1, 2003 “if applications are submitted in a timely
manner.” PC 13 at 1. The Agency also wants the effective date in R01-26 to match the effective
date for laboratory certification in the the Site Remediation Program amendments that are being
proposed for second notice today in docket R01-27.
The Board agrees with the Agency. Given that the Agency has no problems completing
the laboratory accreditation process on time and for the sake of consistency with the SRP
amendments, the Board will change the effective date to January 1, 2003.
CONCLUSION
The Board will remove all references to LPGs in this docket as AIPG is contemplating a
legislative proposal to address its concerns. The Board declines to propose IDOT’s suggestions
to allow indemnification from the UST Fund after an NFR Letter has been signed pursuant to
HAAs. The Board also is not proposing IDOT’s suggestion on indemnification applications.
However, the Board will propose the Agency’s suggestion of “plus 7 days” on the trigger date
for the beginning of the 45-day Early Action/reimbursement period. Finally, the Board proposes
the minor changes to requirements for federal landholding entities and requirements for
laboratory certification.
The Board is also including dozens of nonsubstantive changes that the Joint Committee
on Administrative Rules recommended during the first-notice period.
ORDER
10
Within the text of the order, deletions proposed at first-notice are shown via strikeouts,
and additions are underlined. Deletions at second-notice are shown via strikeouts and double
underlines, while additions pursuant to second-notice are shown via double underlines.
The Board proposes for second-notice the following amendments to 35 Ill. Adm. Code
732. The Clerk of the Board is directed to file these proposed amendments with JCAR.
11
TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE G: WASTE DISPOSAL
CHAPTER I: POLLUTION CONTROL BOARD
SUBCHAPTER d: UNDERGROUND INJECTION CONTROL AND UNDERGROUND
STORAGE TANK PROGRAMS
PART 732
PETROLEUM UNDERGROUND STORAGE TANKS
SUBPART A: GENERAL
Section
732.100 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
732.106 Laboratory Certification
SUBPART B: EARLY ACTION
Section
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
Section
732.300 General
732.301 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 for Payment
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
732.311 Indicator Contaminant Groundwater Objectives
732.312 Classification by Exposure Pathway Exclusion
12
SUBPART D: CORRECTIVE ACTION
Section
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 for Payment
732.407 Alternative Technologies
732.408 Remediation Objectives
732.409 Groundwater Monitoring and Corrective Action Completion Reports
732.410 “No Further Remediation” Letter (Repealed)
732.411 Off-site Access
SUBPART E: SELECTION AND REVIEW PROCEDURES FOR PLANS AND REPORTS
Section
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
732.505 Standards for Review of Plans or Reports
SUBPART F: PAYMENT OR REIMBURSEMENT
Section
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
SUBPART G: NO FURTHER REMEDIATION LETTERS AND RECORDING
REQUIREMENTS
13
Section
732.700 General
732.701 Issuance of a No Further Remediation Letter
732.702 Contents of a No Further Remediation Letter
732.703 Duty to Record a No Further Remediation Letter
732.704 Voidance of a No Further Remediation Letter
732.APPENDIX A Indicator Contaminants
732.APPENDIX B Additional Parameters
732.APPENDIX C Backfill Volumes and Weights
TABLE A Groundwater and Soil Remediation Objectives (Repealed)
TABLE B Soil remediation Methodology: Model Parameter Values (Repealed)
TABLE C Soil remediation Methodology: Chemical Specific Parameters (Repealed)
TABLE D Soil remediation Methodology: Objectives (Repealed)
ILLUSTRATION A Equation for Groundwater Transport (Repealed)
ILLUSTRATION B Equation for Soil-Groundwater Relationship (Repealed)
ILLUSTRATION C Equation for Calculating Groundwater Objectives at the Source
(Repealed)
ILLUSTRATION D Equation for Calculating Soil Objectives at the Source (Repealed)
732.APPENDIX C
Backfill Volumes
AUTHORITY: Implementing Sections 22.12 and 57-57.17 and authorized by Section 57.14 of
the Environmental Protection Act [415 ILCS 5/22.12, 57-57.17 and 57.14].
SOURCE: Adopted in R94-2 at 18 Ill. Reg. 15008, effective September 23, 1994; amended in
R97-10 at 21 Ill. Reg. 3617, effective July 1, 1997; amended in R01-26 at ___ Ill. Reg.
________, effective ________________________.
NOTE: Italics denotes statutory language.
SUBPART A: GENERAL
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 State 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. Such election shall be submitted on forms prescribed and provided
by the Agency and, if specified by the Agency by written notice, in an electronic
format. Corrective action shall then follow the requirements of this Part. The
election shall be effective upon receipt by the Agency and shall not be withdrawn
once made.
b) Except as provided in Section 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 thatwhich serve other than a
14
farm or residential unit may elect to proceed in accordance with this Part by
submitting to the Agency a written statement of such election signed by the owner
or operator. Such election shall be submitted on forms prescribed and provided
by the Agency and, if specified by the Agency by written notice, in an electronic
format. Corrective action shall then follow the requirements of this Part. The
election shall be effective upon receipt by the Agency and shall not be withdrawn
once made.
c) 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.
(Source: Amended at ___ Ill. Reg. ________, effective ________________________)
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 definitiondefinitions of words or terms in this Part shall be the same as that applied
to the same words or terms in the Environmental Protection Act [415 ILCS 5].
“Act” means the Environmental Protection Act [415 ILCS 5].
“Agency” means the Illinois Environmental Protection Agency.
“Alternative Technology” means a process or technique, other than conventional
technology, used to perform a corrective action with respect to soils contaminated
by releases of petroleum from an underground storage tank.
“Board” means the Illinois Pollution Control Board.
“Bodily Injury” means bodily injury, sickness, or disease sustained by a person,
including death at any time, resulting from a release of petroleum from an
underground storage tank
. [415 ILCS 5/57.2](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
. [415 ILCS 5/57.2](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
. [415 ILCS 5/57.2](Section 57.2 of
the Act) .
15
“Confirmed Exceedence” means laboratory verification of an exceedence of the
applicable groundwater quality standards or objectives.
“Confirmed Release” means a release of petroleum that has been confirmed in
accordance with regulations promulgated by the Office of the State Fire Marshal
at 41 Ill. Adm. Code 170.
“Conventional Technology” means a process or technique to perform a corrective
action by removal, transportation and disposal of soils contaminated by a release
of petroleum from an underground storage tank in accordance with applicable
laws and regulations, but without processing to remove petroleum from the soils.
“Corrective action” means activities associated with compliance with the
provisions of Sections 57.6 and 57.7
of the Act. [415 ILCS 5/57.2](Section 57.2
of the Act) .
“Environmental Land Use Control” means an instrument that meets the
requirements of these regulations and is placed in the chain of title to real property
that limits or places requirements upon the use of the property for the purpose of
protecting human health or the environment, is binding upon the property owner,
heirs, successors, assigns, and lessees, and runs in perpetuity or until the Agency
approves, in writing, removal of the limitation or requirement from the chain of
title.
“Federal Landholding Entity” means that federal department, agency or
instrumentality with the authority to occupy and control the day-to-day use,
operation and management of Federally Owned Property.
“Federally Owned Property” means real property owned in fee simple by the
United States on which an institutional control is or institutional controls are
sought to be placed in accordance with this Part.
“Fill material” means non-native or disturbed materials used to bed and backfill
around an underground storage tank
. [415 ILCS 5/57.2](Section 57.2 of the Act)
.
“Free Product” means a contaminant that is present as a non-aqueous phase
liquid for chemicals whose melting point is less than 30°? C (e.g., liquid not
dissolved in water).
“Full Accounting” means a compilation of documentation to establish,
substantiate and justify the nature and extent of the corrective action costs
incurred by an owner or operator.
“Fund” means the underground storage tank fund
.
[415 ILCS 5/57.2](Section
57.2 of the Act) .
16
“GIS” means Geographic Information System.
“GPS” means Global Positioning System.
“Groundwater” means underground water which occurs within the saturated
zone and geologic materials where the fluid pressure in the pore space is equal to
or greater than atmospheric pressure
.
[415 ILCS 5/3.64](Section 3.64 of the
Act) .
“Handling Charges” means administrative, insurance, and interest costs and a
reasonable profit for procurement, oversight, and payment of subcontracts and
field purchases.
“Heating oil” means petroleum that is No. 1, No. 2, No. 4 -light, No. 4 -heavy,
No. 5 -light, No. 5 -heavy or No. 6 technical grades of fuel oil; and other residual
fuel oils including navy special fuel oil and bunker c
.
.
[415 ILCS 5/57.2](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 settlement arises out of bodily injury or property damage
suffered as a result of a release of petroleum from an underground storage tank
owned or operated by the owner or operator
. [415 ILCS 5/57.2](Section 57.2 of
the Act) .
“Institutional Control” means a legal mechanism for imposing a restriction on
land use as described in 35 Ill. Adm. Code 742, Subpart J.
“Land Use Control Memorandum of Agreement” means an agreement entered
into between one or more agencies of the United States and the Illinois
Environmental Protection Agency that limits or places requirements upon the use
of Federally Owned Property for the purpose of protecting human health or the
environment, or that is used to perfect a No Further Remediation Letter that
contains land use restrictions.
“Licensed professional engineer” means a person, corporation or partnership
licensed under the laws of the State of Illinois to practice professional
engineering
. [415 ILCS 5/57.2](Section 57.2 of the Act) .
“Licensed Professional Geologist”
means
an individual who is licensed under
the
Professional Geologist Licensing Act
to engage in the practice of professional
geology in Illinois
.
.
[225 ILCS 745/15] .
17
“Line Item Estimate” means an estimate of the costs associated with each line
item (including, but not necessarily limited to, personnel, equipment, travel, etc.)
thatwhich an owner or operator anticipates will be incurred for the development,
implementation and completion of a plan or report.
“Man-made Pathway” 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 Well” means a water well intended for the purpose of determining
groundwater quality or quantity.
“Natural Pathway” means natural routes for the transport of mobile petroleum
free-liquid or petroleum-based vapors including, but not limited to, soil,
groundwater, sand seams and lenses and gravel seams and lenses.
“Occurrence” means an accident, including continuous or repeated exposure to
conditions, that results in a sudden or nonsudden release from an underground
storage tank
. [415 ILCS 5/57.2](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. (Derived from 42 U.S.C. USC §
6991)
BOARD NOTE: A person who voluntarily undertakes action to remove an
underground storage tank system from the ground shall not be deemed an
“operator” merely by the undertaking of such action.
“Owner” means:
In the case of an underground storage tank in use on November 8, 1984, or
brought into use after that date, any person who owns an underground
storage tank used for the storage, use or dispensing of regulated
substances;
In the case of any underground storage tank in use before November 8,
1984, but no longer in use on that date, any person who owned such
underground storage tank immediately before the discontinuation of its
use. (Derived from 42 U.S.C. USC § 6991)
“Perfect” or “Perfected” means recorded or filed for record so as to place the
public on notice, or as otherwise provided in subsections 732.703(c) and (d) of
this Part.
18
“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. USC § 6991)
“Petroleum” means petroleum, including crude oil or any fraction thereof which is
liquid at standard conditions of temperature and pressure (60°F degrees
Fahrenheit and 14.7 pounds per square inch absolute). (Derived from 42 U.S.C.
USC § 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
.
.
[415 ILCS
5/57.2](Section 57.2 of the Act) .
“Potable” means generally fit for human consumption in accordance with
accepted water supply principles and practices
. [415 ILCS 5/3.65](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
. [415 ILCS 5/57.2](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 area, as determined by
the Board, the geology of which renders a potable resource groundwater
particularly susceptible to contamination
. [415 ILCS 5/3.67](Section 3.67 of the
Act).
“Regulated Substance” means any substance defined in Section 101(14) of the
Comprehensive Environmental Response, Compensation, and Liability Act of
1980 (42 U.S.C. USC § 9601(14)) (but not including any substance regulated as a
19
hazardous waste under subtitle C of the Resource Conservation and Recovery Act
(42 U.S.C. USC §§ 6921 et seq.)), and Petroleum. (Derived from 42 U.S.C. USC
§ 6991)
“Release” means any spilling, leaking, emitting, discharging, escaping, leaching,
or disposing of petroleum from an underground storage tank into groundwater,
surface water or subsurface soils
. [415 ILCS 5/57.2](Section 57.2 of the Act).
“Residential Tank” means an underground storage tank located on property used
primarily for dwelling purposes.
“Residential Unit” means a structure used primarily for dwelling purposes
including multi-unit dwellings such as apartment buildings, condominiums,
cooperatives or dormitories.
“Setback Zonezone” 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
.
.
[415
ILCS 5/3.61](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
. [415 ILCS
5/57.2](Section 57.2 of the Act).
“Stratigraphic Unit” means a site-specific geologic unit of native deposited
material and/or bedrock of varying thickness (e.g., sand, gravel, silt, clay,
bedrock, etc.). A change in stratigraphic unit is recognized by a clearly distinct
contrast in geologic material or a change in physical features within a zone of
gradation. For the purposes of this Part, a change in stratigraphic unit is identified
by one or a combination of differences in physical features such as texture,
cementation, fabric, composition, density, and/or permeability of the native
material and/or bedrock.
“Surface Body of Water” or “Surface Water Body” means a natural or man-made
body of water on the ground surface including, but not limited to, lakes, ponds,
reservoirs, retention ponds, rivers, streams, creeks and drainage ditches. Surface
body of water does not include puddles or other accumulations of precipitation,
run-off or groundwater in UST excavations.
“Tank Field” 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
accumulation of regulated substances, and the volume of which (including the
volume of underground pipes connected thereto) is 10 per centum or more
20
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. USC App. 1671 et seq.), or
the Hazardous Liquid Pipeline Safety Act of 1979 (49 U.S.C. USC App.
2001 et seq.), or which is an intrastate pipeline facility regulated under
State laws as provided in either of these provisions of law, and thatwhich
is determined by the Secretary of Energy to be connected to a pipeline or
to be operated or intended to be capable of operating at pipeline pressure
or as an integral part of a pipeline;
Surface impoundment, pit, pond, or lagoon;
Storm water or waste water collection system;
Flow-through process tank;
Liquid trap or associated gathering lines directly related to oil or gas
production and gathering operations; or
Storage tank situated in an underground area (such as a basement, cellar,
mineworking, drift, shaft, or tunnel) if the storage tank is situated on or
above the surface of the floor. (Derived from 42 U.S.C. USC § 6991)
The term “underground storage tank” shall also mean an underground storage
tank used exclusively to store heating oil for consumptive use on the premises
where stored and which serves other than a farm or residential unit
. [415 ILCS
5/57.2](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.
(Source: Amended at ___ Ill. Reg. ________, effective ________________________)
Section 732.104 Incorporations by Reference
a) The Board incorporates the following material by reference:
ASTM. American Society for Testing and Materials, 100 Barr Harbor Drive,
P.O. Box C700, West Conshohocken, PA, 19428-2959 (610) 832-9585 1916
Race Street, Philadelphia, PA 19103 (215) 299-5400
21
ASTM D 422-63, Standard Test Method for Particle-Size Analysis of
Soils, approved November 21, 1963 (reapproved 1990).
ASTM D 1140-92, Standard Test Method for Amount of Material in Soils
Finer than the No. 200 (75 umμm) Sieve, approved November 15, 1992.
ASTM D 2216-92, Standard Test Method for Laboratory Determination of
Water (Moisture) Content of Soil and Rock, approved June 15, 1992.
ASTM D 4643-93, Standard Test Method for Determination of Water
(Moisture) Content of Soil by the Microwave Oven Method, approved
July 15, 1993.
ASTM D 2487-93, Standard Test Method for Classification of Soils for
Engineering Purposes, approved September 15, 1993.
ASTM D 2488-93, Standard Practice for Description and Identification of
Soils (Visual-Manual Procedure), approved September 15, 1993.
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.
ASTM D 1587-83, Standard Practice for Thin-Walled Tube Sampling of
Soils, approved August 17,1983.
ISGS. Illinois State Geological Survey, 615 E. 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
“Methods for Chemical Analysis of Water and Wastes,” EPA Publication
No. EPA-600/4-79-020 (March 1983), Doc. No. PB 84-128677.
“Methods for the Determination of Organic Compounds in Drinking
Water,” EPA, EMSL, EPA-600/4-88/039 (Dec.December 1988), Doc. 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.
22
“Rapid Assessment of Exposure to Particulate Emissions from Surface
Contamination Sites,” EPA Publication No. EPA-600/8-85/002
EPA/600/8-85/002 (February 1985), Doc. No. PB 85-192219.
“Test Methods for Evaluating Solid Wastes, Physical/Chemical Methods,”
EPA Publication No. SW-846, Third Edition (September, 1986), as
amended by Update I Updates I, IIA, III, and IIIA (July 1992Final Update
IIIA dated April 1998), Doc. No. 955-001-00000-1.
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 II (1992).
40 CFR 761.120 (20001993).
c) This Section incorporates no later editions or amendments.
(Source: Amended at ___ Ill. Reg. ________, effective ________________________)
Section 732.106 Laboratory Certification
All quantitative analyses of samples collected on or after JanuaryJuly 1, 2003, and utilizing any
of the approved test methods identified in 35 Ill. Adm. Code 186.180, shall be completed by an
accredited laboratory in accordance with the requirements of 35 Ill. Adm. Code 186.
Quantitative analyses not utilizing an accredited laboratory in accordance with Part 186 shall be
deemed invalid.
(Source: Added at _____ Ill. Reg. ______, effective ______________________)
SUBPART B: EARLY ACTION
Section 732.202 Early Action
a) Upon confirmation of a release of petroleum from an UST system in accordance
with regulations promulgated by the OSFM, the owner or operator, or both, shall
perform the following initial response actions within 24 hours after the release:
1) Report the release to IEMA (e.g., by telephone or electronic mail);
23
2) Take immediate action to prevent any further release of the regulated
substance to the environment; and
3) Identify and mitigate fire, explosion and vapor hazards.
b) Within 20 days after 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 below ground
releases and prevent further migration of the released substance into
surrounding soils and groundwater;
3) Continue to monitor and mitigate any additional fire and safety hazards
posed by vapors or free product that have migrated from the UST
excavation zone and entered into subsurface structures (such as sewers or
basements);
4) Remedy hazards posed by contaminated soils that are excavated or
exposed as a result of release confirmation, site investigation, abatement
or corrective action activities. If these remedies include treatment or
disposal of soils, the owner or operator shall comply with 35 Ill. Adm.
Code 722, 724, 725, and 807 through 815;
5) Measure for the presence of a release where contamination is most likely
to be present at the UST site, unless the presence and source of the release
have been confirmed in accordance with regulations promulgated by the
OSFM. In selecting sample types, sample locations, and measurement
methods, the owner or operator shall consider the nature of the stored
substance, the type of backfill, depth to groundwater and other factors as
appropriate for identifying the presence and source of the release; and
6) Investigate to determine the possible presence of free product, and begin
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) of this Section and any resulting information or data. The report
shall be submitted on forms prescribed and provided by the Agency and, if
specified by the Agency by written notice, in an electronic format.
d) Within 45 days after confirmation of a release, owners or operators shall assemble
information about the site and the nature of the release, including information
24
gained while confirming the release or completing the initial abatement measures
in subsections (a) and (b) of this Section. This information shall include, but is
not limited to, the following:
1) Data on the nature and estimated quantity of release;
2) Data from available sources or site investigations concerning the
following factors: surrounding populations, water quality, use and
approximate locations of wells potentially affected by the release,
subsurface soil conditions, locations of subsurface sewers, climatological
conditions and land use;
3) Results of the site check required at subsection (b)(5) of this Section;
4) Results of the free product investigations required at subsection (b)(6) of
this Section, to be used by owners or operators to determine whether free
product must be recovered under Section 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)
of this Section in a manner that demonstrates its applicability and technical
adequacy. The information shall be submitted on forms prescribed and provided
by the Agency and, if specified by the Agency by written notice, in an electronic
format.
f)
Notwithstanding any other corrective action taken, an owner or operator may, at
a minimum, and prior to submission of any plans to the Agency, remove the tank
system, or abandon the underground storage tank in place, in accordance with
the regulations promulgated by the Office of the State Fire Marshal.
41 ILCS
160, 170, 180, 200.
The owner may remove visibly contaminated fill material and
any groundwater in the excavation which exhibits a sheen
. Early action may also
include disposal in accordance with applicable regulations or ex- situ treatment of
contaminated fill material in accordance with Section 57.7(a)(1)(B) of the Act.
[415 ILCS 5/57.6(b)](Section 57.6(b) of the Act).
g) For purposes of reimbursement, the activities set forth in subsection (f) of the
Section shall be performed within 45 days after confirmationinitial notification to
IEMA of a release plus 7 days, unless special circumstances, approved by the
Agency in writing, warrant continuing such activities beyond 45 days plus 7 days.
The owner or operator shall notify the Agency in writing of such circumstances
within 45 days after confirmationinitial notification to IEMA of a release plus 7
daysof such circumstances. Costs incurred beyond 45 days plus 7 days shall be
eligible if the Agency determines that they are consistent with early action.
BOARD NOTE: Owners or operators seeking reimbursement are to first notify IEMA of
a suspected release and then confirm the release within seven days to IEMA pursuant to
regulations promulgated by the OSFM. See 41 Ill. Adm. Code 170.560, 170.580,
25
170.600. The Board is setting the beginning of the reimbursement period at subsection
732.202(g) to correspond to the notification and confirmation to IEMA.
h)
The owner or operator shall determine whether the areas or locations of soil
contamination exposed as a result of early action excavation (e.g., excavation
boundaries, piping runs) meet the applicable Tier 1 remediation objectives
pursuant to 35 Ill. Adm. Code 742, Subpart E. Six samples shall be collected, one
on each sidewall and two at the bottom of the excavation. If contaminated
backfill is returned to the excavation, 2 representative samples must be collected
and analyzed for the applicable indicator contaminants. Additional samples may
be required for a multiple tank excavation.
1)
If the remediation objectives have been met, and if there is no evidence
that contaminated soils may be or may have been in contact with
groundwater, the owner or operator shall submit a corrective action
completion report demonstrating compliance with those remediation
objectives.
2)
If the remediation objectives have not been met, or if there is evidence that
contaminated soils may be or may have been in contact with groundwater,
the owner or operator shall continue evaluation in accordance with
Subpart C of this Part.
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. Owners
or operators proceeding with activities set forth in subsection (f) of this Section are
advised that they may not be entitled to full payment or reimbursement. See Subpart F of
this Part
.
(Source: Amended at ___ Ill. Reg. ________, effective ________________________)
Section 732.203
Free Product Removal
a) Under any circumstance in which conditions at a site indicate the presence of free
product, owners or operators shall remove free product 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)1) Conduct free product removal in a manner that minimizes the spread of
contamination into previously uncontaminated zones by using recovery
and disposal techniques appropriate to the hydrogeologic conditions at the
site and that properly treats, discharges or disposes of recovery byproducts
in compliance with applicable local, State and federal regulations;
b)2) Use abatement of free product migration as a minimum objective for the
design of the free product removal system;
26
c)3) Handle any flammable products in a safe and competent manner to
prevent fires or explosions; and
d)4) Within 45 days after the confirmation of presence of free product from a
UST, prepare and submit to the Agency a free product removal report on
formsa form prescribed and provided by the Agency and, if specified by
the Agency, by written notice, in an electronic format. The report shall, at
a minimum, provide the following:
1)A) The name of the persons responsible for implementing the free
product removal measures;
2)B) The estimated quantity, type and thickness of free product
observed or measured in wells, boreholes and excavations;
3)C) The type of free product recovery system used;
4)D) Whether any discharge will take place on-site or off-site during the
recovery operation and where this discharge will be located;
5)E) The type of treatment applied to, and the effluent quality expected
from, any discharge;
6)F) The steps that have been or are being taken to obtain necessary
permits for any discharge; and
7)G) The disposition of the recovered free product.\
5)
If free product removal activities are conducted more than 45 days after
the confirmation of the presence of free product, submit free product
removal reports in accordance with a schedule established by the Agency.
b)
For purposes of reimbursement, owners or operators are not required to obtain
Agency approval pursuant to Section 732.202(g) for free product removal
activities conducted more than 45 days after initial notification to IEMA of a
release.
(Source: Amended at ______ Ill. Reg. ________, effective ________________________)
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
27
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.
(Source: Amended at ______ Ill. Reg. ___________, effective ________________________)
SUBPART C: SITE EVALUATION AND CLASSIFICATION
Section 732.300 General
a) Except as provided in subsection (b) of this Section, 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. 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)
An owner or operator may choose to conduct remediation sufficient to satisfy the
remediation objectives in Section 732.408 of this Part as an alternative to Owners
or operators subject to this Part 732 may proceed without conducting site
classification activities pursuant to this Subpart C under the following
circumstances provided that:
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. With the exception of Federal Landholding Entities
subject to Section 732.703(d), theThe owner or operator must sign and
submit, with the corrective action completion report, a form prescribed
and provided by the Agency addressing ownership of the site. Where the
owner or operator owns the site, the owner or operator must so indicate on
the form. Where the owner or operator either does not own or does not
solely own the site, the owner or operator must provide, on the form, a
certification by original signature of the title holder(s) of record for the
remediation site or each portion thereof, or the agent(s) of such person(s),
stating as follows:
I hereby certify that I have reviewed the attached report and that I accept
the terms and conditions set forth therein, including any land use
limitations, that apply to property I own. I further certify that I have no
objection to the recording of a No Further Remediation Letter containing
the terms and conditions identified in the Corrective Action Completion
ReportA groundwater investigation shall be required if any of the
following conditions exist, unless an evaluation through 35 Ill. Adm. Code
742 determines that no groundwater investigation is necessary:; and
28
2)
Unless an evaluation pursuant to 35 Ill. Adm. Code 742 demonstrates
that no groundwater investigation is necessary, the owner or operator
must complete a groundwater investigation under the following
circumstances:
A) If Tthere is evidence that groundwater wells have been impacted
by the release above the Tier 1 residential numbers set forth in 35
Ill. Adm. Code 742.Appendix B (e.g., as found during release
confirmation or previous corrective action measures);
B) If Ffree product that may impact groundwater is found to need
recovery in compliance with Section 732.203 of this Part; or
C) If Tthere is evidence that contaminated soils may be or may have
been in contact with groundwater, except that, if the owner or
operator pumps the excavation or tank cavity dry, properly
disposes of all contaminated water, and demonstrates to the
Agency that no recharge is evident during the 24 hours following
pumping, the owner or operator does not have to complete a
groundwater investigation, unless the Agency’s review reveals that
further groundwater investigation is necessary. as a result of:
i)
Groundwater infiltrating the tank excavation; or
ii) Groundwater occurring at or above the invert elevation of
the UST.
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.
BOARD NOTE: Owners or operators proceeding under subsection (b) of this
Section are advised that they may not be entitled to full payment or
reimbursement. See Subpart F of this Part.
c) For corrective action completion reports submitted pursuant to subsection (b) of
this Section, the Agency shall issue a No Further Remediation Letter upon
approval of the report by the Agency in accordance with Subpart E.
(Source: Amended at ___ Ill. Reg. ________, effective ________________________)
Section 732.302 No Further Action Sites
29
a) Unless an owner or operator elects to classify a site under Section 732.312, sites
shall be classified as No Further Action if all of the following criteria are
satisfied:
1) The physical soil classification procedure completed in accordance with
Section 732.307 confirms either of the following:
A) “Berg Circular”
Berg Circular
i) The site is located in an area designated D, E, F or G 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 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
completingcompletion of 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
threatens human 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 UST system; 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) Groundwater investigation shall be required to confirm that a site meets the
criteria of a No Further Action site if the Agency has received information
indicating that the groundwater is contaminated at levels in excess of applicable
groundwater objectives specified in 35 Ill. Adm. Code 742 at the property
boundary line or 200 feet from the UST system, whichever is less. In such cases,
a groundwater investigation that meets the requirements of Section 732.307(j)
30
shall be performed. If the investigation confirms there is an exceedence of
applicable Tier 1 residential indicator contaminant objectives (set forth in 35 Ill.
Adm. Code 742.Appendix B), the Agency may reclassify the site as High Priority.
(Source: Amended at ___ Ill. Reg. ________, effective ________________________)
Section 732.305 Plan Submittal and Review
a) Unless an owner or operator elects to classify a site under Section 732.312, 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 Section 732.302, 732.303 or 732.304 of this
Part. Site classification plans shall be submitted on forms prescribed and
provided by the Agency and, if specified by the Agency by written notice, in an
electronic format.
b) In addition to the plan required in subsection (a) of this Section 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 early action
costs incurred pursuant to Subpart B of this Part, except as provided in
subsection (b)(2) of this Section; and
2) A site classification budget plan, thatwhich 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 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 and provided by the Agency and, if
specified by the Agency by written notice, in an electronic format.
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) of this Section, an owner or operator may
proceed to conduct site evaluation activities in accordance with this Subpart C
prior to the submittal or approval or of an otherwise required site classification
31
plan (including physical soil classification and groundwater investigation plans,
costs associated with activities to date and anticipated further costs 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 E of this Part prior to payment or reimbursement for any
related costs or the issuance of a No Further Remediation Letter. If the owner or
operator has obtained Agency approval of a Site Classification Work Plan and
Site Classification Completion Report without submittal of a budget plan pursuant
to subsection (b) of this Section, the owner or operator may, as an alternative to
submitting a budget plan, submit, on a form provided by the Agency and attached
to the application for payment, the actual costs incurred in performing site
evaluation activities.
BOARD NOTE: Owners or operators proceeding under subsection (d) of this Section are
advised that they may not be entitled to full payment or reimbursement. See Subpart F of
this Part.
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 E of this Part.
BOARD NOTE: Owners or operators proceeding under subsection (d) of this
Section are advised that they may not be entitled to full payment or
reimbursement. See Subpart F of this Part.
(Source: Amended at ___ Ill. Reg. ________, effective ________________________)
Section 732.307 Site Evaluation
a) Except as provided in Section 732.300(b), or unless an owner or operator elects to
classify a site under Section 732.312, 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.
A Licensed Professional Geologist, to the extent authorized by the Professional
Geologist Licensing Act [225 ILCS 745], may practice under the direction of a
Licensed Professional Engineer on the site evaluation. The results of the site
evaluation shall provide the basis for determining the site classification. The site
classification shall be certified by the supervising Licensed Professional Engineer.
32
b) As a part of each site evaluation, the Licensed Professional Engineer or Licensed
Professional Geologist under the direction of a Licensed Professional Engineer
shall conduct a physical soil classification in accordance with the procedures at
subsection (c) or (d) of this Section. Except as provided in subsection (e) of this
Section, 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 or Licensed Professional
Geologist shall, at a minimum, complete the requirements at subsections (f)
through (j) of this Section before a Licensed Professional Engineer
classifiesclassifying a site as High Priority or Low Priority and subsection (f)
through (i) of this Section before a Licensed Professional Engineer
classifiesclassifying 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) of this Section. If bedrock is encountered or auger
refusal occurs, the Licensed Professional Engineer or Licensed
Professional Geologist 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 subsection
33
(c)(1)(A) of this Section. 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.
F) If anomalies are encountered, additional soil borings 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 this subsection (c)(1) of this Section for soil
classification provided that:
i) The techniques provide equivalent, or superior, information
as required by this Section;
ii) The techniques have been successfully utilized in
applications similar to the proposed application;
iii) Methods for quality control can be implemented; and
iv) 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 of the
stratigraphic units encountered in the native soil boring whichthat has been
determined most conducive to transporting contaminants from the source based
on site factors, including but not limited to visual and tactile observations, the
classification of the soil, any prior evaluation of the site stratigraphy, the volume
of the release, the thickness or extent of the stratigraphic unitsize or extent of the
unit, and the requirements of ASTM D 2488-93, Standard Practice for Description
and Identification of Soils (Visual-Manual Procedure), approved September 15,
1993:
A) A soil particle analysis using the test methods specified in ASTM
(American Society for Testing and Materials) StandardsStandard D 422-
63 or D 1140-92, “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 umμm) Sieve,” incorporated by reference in Section
732.104 of this Part, or other Agency approved method;
34
B) A soil moisture content analysis using the test methods specified in ASTM
StandardsStandard D 2216-92 or D 4643-93, “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, or other Agency approved method;
C) A soil classification using the test methods specified in ASTM Standards
Standard D 2487-93 or D 2488-93, “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, or other Agency
approved method;
D) Unconfined compression strength shall be determined in tons per square
foot by using a hand penetrometer; and
E) If representative samples of each stratigraphic unit are collected for soil
property testing by the use of thin-walled tube sampling, an additional soil
boring must be performed for this sampling within 5 feet of the site
classification boring. Thin-walled tube sampling must be conducted in
accordance with ASTM Standard Test Method D 1587-83, incorporated
by reference in Section 732.104 of this Part, or other Agency approved
method. The boring from which the thin-walled tubes are collected must
be logged in accordance with the requirements of 35 Ill. Adm. Code
Section 732.308(a) of this Part.
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. Wells used for
hydraulic conductivity testing shall be constructed in a manner that
ensures the most accurate results.
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
35
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, or other Agency
approved method.
ii) Granular soils that are having estimated to have hydraulic
conductivity of greater than 1 x 10
-3
cm/s cm/sec will fail the
minimum geologic conditions for “No Further Action”: i.e., rating
of D, E, F, or G as described in the Berg Circularhydraulic
conductivity requirements within the Berg Circular for No Further
Action geology, and therefore, no physical tests need to be run on
the soils.
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, or other Agency approved method.
iv) If representative samples of each stratigraphic unit are collected for
soil property testing by the use of thin-walled tube sampling, an
additional soil boring must be performed for this sampling within 5
feet of the site classification boring. Thin-walled tube sampling
must be conducted in accordance with ASTM Standard Test
Method D 1587-83, incorporated by reference in Section 732.104
of this Part, or other Agency approved method. The boring from
which the thin-walled tubes are collected must be logged in
accordance with the requirements of 35 Ill. Adm. Code Section
732.308(a) 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 minimum of one soil boring to a depth that includes native
material from the invert elevation of the most shallow UST to 15
feet below the invert elevation of the deepest UST for each tank
field with a release of petroleum.
36
B) This boring shall meet the requirements of subsections (c)(1)(C)
through (c)(1)(G) of this Section.
2) Soil Properties
The following tests shall be performed on a representative sample of each
of the stratigraphic units encountered in the native soil boring thatwhich
has been determined most conducive to transporting contaminants from
the source based on site factors including but not limited to visual and
tactile observations, the classification of the soil, any prior evaluation of
the site stratigraphy, the volume of the release, the size or extent of the
unit, and the requirements of ASTM D 2488-93, Standard Practice for
Description and Identification of Soils (Visual-Manual Procedure),
approved September 15, 1993 and incorporated by reference in Section
732.104 of this Part :
A) A soil particle analysis satisfying the requirements of subsection
(c)(2)(A) of this Section; and
B) Either:
i) 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 or Licensed Professional Geologist 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. Once the yield has been determined site-
specifically, the hydraulic conductivity shall be calculated;
or
ii) Hydraulic conductivity shall be determined in accordance
with subsection (c)(3) of this Section. Once the hydraulic
conductivity has been determined site-specifically, the
yield shall be calculated.
C) If representative samples of each stratigraphic unit are collected for
soil property testing by the use of thin-walled tube sampling, an
additional soil boring must be performed for this sampling within 5
feet of the site classification boring. Thin-walled tube sampling
must be conducted in accordance with ASTM Standard Test
Method D 1587-83, incorporated by reference in Section 732.104
37
of this Part, or other Agency approved method. The boring from
which the thin-walled tubes are collected must be logged in
accordance with the requirements of35 Ill. Adm. Code Section
732.308(a) of this Part.
3) The results of the boring(s) and tests described in subsections (d)(1) and
(d)(2) of this Section shall be used to demonstrate whether the native
material from the invert elevation of the most shallow UST to 15 feet
below the invert elevation of the deepest 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 Test
Method D 2487-93, “Standard Test Method for Classification of
Soils for Engineering Purposes,” incorporated by reference at
Section 732.104 of this Part, or other Agency approved method);
B) Does not contain sandstone that is 10 feet or more in thickness, or
fractured carbonate that is 15 feet or more in thickness;
C) Is not capable of 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; and
D) Is not capable of hydraulic conductivity of 1 x 10
-4
cm/sec or
greater.
e) If, during the completion of the requirements of subsection (c) or (d) of this
Section, a Licensed Professional Engineer determines that the site geology is not
consistent with areaareas 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
subsection (c) or (d) may be suspended, provided that the soil investigation has
been sufficient to satisfy the requirements of subsection (g) of this Section. If
activities are suspended under this subsection (e), the Licensed Professional
Engineer or Licensed Professional Geologist shall complete the requirements of
subsections (f) through (j) of this Section in order to determine whether the site is
High Priority or Low Priority, although a Licensed Professional Geologist may
not perform an investigation of migration pathways pursuant to subsection (g) of
this Section. The site conditions upon which the suspension of the requirements
of subsection (c) or (d) of this Section is based shall be documented in the site
classification completion report.
f) Survey of Water Supply Wells
38
1) The Licensed Professional Engineer or Licensed Professional Geologist
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 or Licensed Professional Geologist
shall provide a map to scale showing the locations of all community water
supply wells and all potable water supply wells including the designated
minimum and maximum setback zones of the wells identified pursuant to
subsection (f)(1) of this Section. Radii of 200, 400, 1000, and 2500 feet
from the UST system shall be marked on the map.
3) The Licensed Professional Engineer or Licensed Professional Geologist
shall provide a table indicating the setback zone for each community water
supply well and potable water supply well identified pursuant to
subsection (f)(1) of this Section 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 or Licensed Professional Geologist
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
B) May cause explosions in basements, crawl spaces, utility conduits,
storm or sanitary sewers, vaults or other confined spaces.
39
2)
Natural pathways shall be identified using data obtained from
investigation at the site. This must include, but is not limited to,
identification and location of groundwater if encountered during
excavation activities or soil boring activities, identification of different soil
strata during excavation activities or soil boring activities and inspection
of surface water bodies. Investigation and evaluation of natural migration
pathways shall include, for applicable indicator contaminants along
potential natural migration pathways:
A) Soil sampling and laboratory analysis of samples; and
B)
When groundwater is encountered or when there is potential for
surface water contamination, groundwater and surface water
sampling and laboratory analysis of samples.
3) Man-made pathways shall be identified from site plans, a review of
underground utilities as identified by the Joint Utility Location
Information for Excavators and interviews with site owners or personnel.
The Licensed Professional Engineer must determine whether migration of
contaminants of concern along any of these pathways has occurred, using
laboratory analytical data for applicable indicator contaminants obtained
as follows:
A)
From prior sampling, provided that such laboratory
analytical data demonstrates that no contaminant of
concern has migrated to or along any man-made pathways;
B) From soil samples, and groundwater samples if
groundwater is encountered, taken between man-made
pathways and contaminated soil, provided that such
laboratory analytical data demonstrates that no contaminant
of concern has migrated to or along any man-made
pathways; or
C)
From soil samples, and groundwater samples if
groundwater is encountered, taken along man-made
pathways.
42) 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, that are 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.
40
53) 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 or Licensed Professional Geologist shall
verify whether Class III groundwater exists within 200 feet of the UST system.
i) The Licensed Professional Engineer or Licensed Professional Geologist 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.
j) Groundwater Investigation
1) For sites failing to meet NFA site classification or for sites where a
groundwater investigation is necessary pursuant to Section 732.302(b) of
this Part at which such investigation is required pursuant to this Part, the
Licensed Professional Engineer or Licensed Professional Geologist shall
perform a groundwater investigation as required under this Part in
accordance with this subsection (j) of this Section to determine whether an
applicable indicator contaminant groundwater quality standard has been
exceeded at the property boundary or 200 feet from the UST system,
whichever is less, as a result of the UST release of petroleum.
2) Applicable indicator contaminants and groundwater quality standards shall
be those identified pursuant to Sections 732.310 and 732.311 of this Part.
3) Except as provided in subsection (j)(6) of this Section, a minimum of four
groundwater monitoring wells shall be installed at the property boundary
or 200 feet from the UST system, whichever is less. In the event that a
groundwater monitoring well cannot be physically installed at the property
line or 200 feet from the UST system, whichever is closer, in accordance
with this subsection (j), the owner or operator shall request approval from
the Agency to place the well further out, but at the closest practical point
to the compliance point. The owner or operator may elect to place a
monitoring well in a location that is closer to the UST system than this
partthe rule requires. However, once the election is made, the owner or
operator may not withdraw the election at a later time. The Agency may
require the installation of additional monitoring wells to ensure that at
least one monitoring well is located hydraulically upgradient and three
41
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, thatwhich 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;
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 use; 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 shall be completed for each monitoring well.
42
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 set
forth in 35 Ill. Adm. Code 742 or as set for mixtures or
degradation products as provided in Section 732.310 of this
Part; and
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, or other
Agency approved methods.
43
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);
iv) Chain of custody and control; and
v) Field and lab blanks.
6) As an alternative to the installation of monitoring wells under subsection
(j)(3) of this Section, the Licensed Professional Engineer or Licensed
Professional Geologist may demonstrate to the Agency through a site-
specific evaluation that the groundwater monitoring should not be
required.
A) The evaluation shall be based on a demonstration of the following
factors:
i) Whether groundwater is present within the depth of the
boring used to perform physical soil classification under the
selected method (Method One under subsection (c) of this
Section or Method Two under subsection (d) of this
Section);
ii) Whether groundwater is withdrawn for potable use within
1000 feet of the UST system and at what depths; and
iii) Whether seasonal fluctuation in groundwater could result in
groundwater contacting contaminated soil (e.g., historical
records).
B) The presence or absence of a water bearing unit under subsection
(j)(6)(A)(i) of this Section shall be determined on the basis of at
least one soil boring to the depth necessary to perform physical soil
classification under the selected method (Method One under
subsection (c) of this Section or Method Two under subsection (d)
of this Section), unless auger refusal occurs because of the density
of a geologic material or because bedrock is encountered. If auger
refusal occurs, then the Licensed Professional Engineer or
44
Licensed Professional Geologist must demonstrate the depth to a
water bearing unit from the available site specific or regional
information.
C) If the evaluation fails to demonstrate to the Agency that a
groundwater investigation should not be required as part of site
classification activities, then the Licensed Professional Engineer or
Licensed Professional Geologist shall perform a groundwater
investigation in accordance with the remainder of this subsection
(j) of this Section.
D) If the evaluation demonstrates to the Agency that a groundwater
investigation should not be required, then the site shall be
classified as Low Priority, unless other High Priority criteria are
present. Upon Agency approval of the evaluation to demonstrate
that a groundwater investigation should not be required, then the
site shall be classified as Low Priority and a No Further
Remediation Letter shall be issued to the owner or operator of the
site, unless other High Priority criteria are present.
(Source: Amended at ___ Ill. Reg. ________, effective ________________________)
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 and provided by the Agency and, if specified by the Agency by written
notice, in an electronic format.
1) Soil boring logs shall contain the following information at a minimum:
A) Sampling device, sample number and amount of recovery;
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.
45
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;
C) Unified Soil Classification System (USCS) soil classification
group symbol in accordance with ASTM Standard D 2487-93,
“Standard Test Method for Classification of Soils for Engineering
Purposes,” incorporated by reference in Section 732.104 of this
Part, or other Agency approved method; and
D) The reasoning behind the Licensed Professional Engineer’s or
Licensed Professional Geologist’s decision to perform or not
perform soil testing pursuant to Section 732.307(c)(2) and (d)(2) of
this Part as to each identified stratigraphic unit.
b) Boreholes and monitoring wells shall be abandoned pursuant to regulations
promulgated by the Illinois Department of Public Health at 77 Ill. Adm. Code
920.120.
(Source: Amended at ___ Ill. Reg. ________, effective ________________________)
Section 732.309 Site Classification Completion Report
a) Within 30 days after the completion of a site evaluation in accordance with
Section 732.307 of this Part, 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 of this Part, as well as the results or
conclusions of all surveys and investigations and any documentation necessary to
demonstrate those results or conclusions. The report shall be submitted on forms
prescribed and provided by the Agency, 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 of this Part. For No Further Action sites, with the exception
of Federal Landholding Entities subject to Section 732.703(d), the owner or
operator must sign and submit, with the site classification completion report, a
form prescribed and provided by the Agency addressing ownership of the site.
Where the owner or operator owns the site, the owner or operator must so indicate
on the form. Where the owner or operator either does not own or does not solely
own the site, the owner or operator must provide, on the form, a certification by
original signature of the title holder(s) of record for the remediation site or each
portion thereof, or the agent(s) of such person(s), stating as follows:
46
I hereby certify that I have reviewed the attached report and that I accept the
terms and conditions set forth therein, including any land use limitations, that
apply to property I own. I further certify that I have no objection to the recording
of a No Further Remediation Letter containing the terms and conditions identified
in the Site Classification Completion Report.
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.
(Source: Amended at ___ Ill. Reg. ________, effective ________________________)
Section 732.310 Indicator Contaminants
a) For purposes of this Part, the term “indicator contaminants” shall mean the
parameters listed identified in subsections (b) through (gi) of this Section.
b) For gasoline, including but not limited to leaded, unleaded, premium and gasohol,
the indicator contaminants shall be benzene, ethylbenzene, toluene, and total
xylenes and methyl tertiary butyl ether (MTBE), except as provided in subsection
(h) of this Section. For leaded gasoline, lead shall also be an indicator
contaminant.
c) For aviation turbine fuels, jet fuels, diesel fuels, gas turbine fuel oils, heating fuel
oils, illuminating oils, kerosene, lubricants, liquid asphalt and dust laying oils,
cable oils, crude oil, crude oil fractions, petroleum feedstocks, petroleum fractions
and heavy oils, the indicator contaminants shall be benzene, ethylbenzene,
toluene, total xylenes, and the polynuclear aromatics (PNA) listed in Appendix
BA. 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
polychlorinated biphenyl parameters listed in Appendix B.
e) For hydraulic fluids the indicator contaminants shall be benzene, ethylbenzene,
toluene, total xylenes, the polynuclear aromatics listed in Appendix B and barium.
f) For petroleum spirits, mineral spirits, Stoddard solvents, high-flash aromatic
naphthas, moderately volatile hydrocarbon solvents and petroleum extender oils,
the indicator contaminants shall be the volatile, base/neutral and polynuclear
aromatic parameters listed in 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.
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 that is the most contaminated as a result of the contaminated by a release
47
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 Ill. Adm. 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 (g)(1) of this Section that exceed their
remediation objective at 35 Ill. Adm. Code 742 in addition to benzene,
ethylbenzene, toluene, total xylenes and PNAs.
3) If none of the parameters exceed their remediation objective, the used oil
indicator contaminants shall be benzene, ethylbenzene, toluene, and total
xylenes, and the polynuclear aromatics listed in Appendix B.
h)
Unless an owner or operator elects otherwise pursuant to subsection (i) of this
Section, the term “indicator contaminants” shall not include MTBE for any
release reported to the Illinois Emergency Management Agency prior to the
effective date of amendments establishing MTBE as an indicator contaminant.
i) An owner or operator of a site exempt from having to address MTBE as an
indicator contaminant pursuant to subsection (h) of this Section may elect to
include MTBE as an indicator contaminant under the following circumstances:
1)
If the Agency has not issued a No Further Remediation Letter for the site
by the effective date of the amendments establishing MTBE as an
indicator contaminant; or
2) If the Agency has issued a No Further Remediation Letter and the release
at the site has caused off-site groundwater contamination exceeding the
remediation objective for MTBE set forth in 35 Ill. Adm. Code 742,
provided that the owner or operator complies with all applicable
requirements of this Part.
(Source: Amended at ___ Ill. Reg. ________, effective ________________________)
48
Section 732.312 Classification by Exposure Pathway Exclusion
a) An owner or operator electing to classify a site by exclusion of human exposure
pathways under 35 Ill. Adm. Code 742, Subpart C or I shall meet the
requirements of this Section.
1) Such election shall be made in writing by the owner or operator as part of
the submission of the site classification plan under subsection (c) of this
Section. The election may be made at any time until the Agency issues a
No Further Remediation Letter.
2) An owner or operator who chooses to revoke an election submitted under
subsection (c) of this Section shall do so in writing.
b) Upon completion of early action requirements pursuant to Subpart B of this Part,
the owner or operator shall determine whether the areas or locations addressed
under early action (e.g., backfill) meet the requirements applicable for a Tier 1
evaluation pursuant to 35 Ill. Adm. Code 742, Subpart E.
1) If the remediation objectives have been met, the owner or operator shall
submit a corrective action completion report demonstrating compliance
with the required levels.
2) If the remediation objectives have not been met, evaluation shall continue
in accordance with subsection (c) of this Section.
c) If, upon completion of early action requirements pursuant to Subpart B of this
Part, the requirements under subsection (b) of this Section have not been met,
then the owner or operator, prior to conducting any site evaluation activities, shall
submit to the Agency a site classification plan including, but not limited to, a
physical soil classification, contaminant identification, and groundwater
investigation plan (if applicable in accordance with Section 732.300(b)(1)),
satisfying the minimum requirements for site evaluation activities as set forth in
this Section. Site classification plans shall be submitted on forms prescribed and
provided by the Agency and, if specified by the Agency by written notice, in an
electronic format. The plans shall be designed to:
1) Determine the full extent of soil or groundwater contamination exceeding
remediation objectives for Tier 1 sites under 35 Ill. Adm. Code 742,
Subpart E. Such activities may include soil borings with sampling and
analysis, groundwater monitoring wells with sampling and analysis,
groundwater modeling, or a combination of these activities.
2) Collect data sufficient to determine which, if any, of the applicable
exposure routes under 35 Ill. Adm. Code 742 can be excluded pursuant to
35 Ill. Adm. Code 742, Subpart C or I. The data shall include, but is not
limited to, site-specific data demonstrating the physical characteristics of
soil and groundwater.
49
d) A Licensed Professional Engineer (or, where appropriate, persons working under
the direction of a Licensed Professional Engineer) shall conduct the site
evaluation. A Licensed Professional Geologist, to the extent authorized by the
Professional Geologist Licensing Act [225 ILCS 725], may practice under the
direction of a Licensed Professional Engineer on the site evaluation. The results
of the site evaluation shall provide the basis for determining the site classification.
The site classification shall be certified by the supervising Licensed Professional
Engineer.
e) As a part of each site evaluation, the Licensed Professional Engineer or Licensed
Professional Geologist shall conduct physical soil classification and contaminant
identification in accordance with the procedures at subsection (c) of this Section.
f) In addition to the plan required in subsection (c) of this Section 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 early action
costs incurred pursuant to Subpart B of this Part, except as provided in
subsection (f)(2) of this Section; and
2) A site classification budget plan, thatwhich 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 under subsection (c) of this Section.
g) Sites shall be classified as No Further Action if the Licensed Professional
Engineer determines that all applicable exposure routes can be excluded from
further consideration pursuant to 35 Ill. Adm. Code 742, Subpart C or I.
h) Sites shall be classified as High Priority if the Licensed Professional Engineer
determines that any of the applicable exposure routes cannot be excluded from
further consideration pursuant to 35 Ill. Adm. Code 742, Subpart C or I.
i) Within 30 days after the completion of a site evaluation in accordance with this
Section, 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 this
Section, as well as the results or conclusions of all surveys and investigations and
any documentation necessary to demonstrate those results or conclusions. The
report shall be submitted on forms prescribed and provided by the Agency and, if
specified by the Agency by written notice, in an electronic format, 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, or High
Priority in accordance with this Section. For any site classified as High Priority,
the report shall also contain the certification of a Licensed Professional Engineer
50
as to which exposure routes, if any, have been excluded from further
consideration under 35 Ill. Adm. Code 742, Subpart C. With the exception of
Federal Landholding Entities subject to Section 732.703(d),theThe owner or
operator must sign and submit, with the Site Classification Completion Report site
classification completion report, a form prescribed and provided by the Agency
addressing ownership of the site. Where the owner or operator owns the site, the
owner or operator must so indicate on the form. Where the owner or operator
either does not own or does not solely own the site, the owner or operator must
provide, on the form, a certification by original signature of the title holder(s) of
record for the remediation site or each portion thereof, or the agent(s) of such
person(s), stating as follows:
I hereby certify that I have reviewed the attached report and that I accept the
terms and conditions set forth therein, including any land use limitations, that
apply to property I own. I further certify that I have no objection to the recording
of a No Further Remediation Letter containing the terms and conditions identified
in the Site Classification Completion Report.
j) The Agency shall have the authority to review and approve, reject or require
modification of any plan or report submitted pursuant to this Section in
accordance with the procedures contained in Subpart E of this Part.
k) Notwithstanding subsections (c) and (f) of this Section, an owner or operator may
proceed to conduct site evaluation activities in accordance with this Section prior
to the submittal or approval of any otherwise required site classification plan and
associated budget plans. However, any plan shall be submitted to the Agency for
review and approval in accordance with the procedures contained in Subpart E of
this Part prior to receiving payment or reimbursement for any related costs or the
issuance of a No Further Remediation Letter. If the owner or operator has
obtained Agency approval of a Site Classification Work Plan and Site
Classification Completion Report without submittal of a budget plan pursuant to
subsection (b) of this Section, the owner or operator may, as an alternative to
submitting a budget plan, submit, on a form provided by the Agency and attached
to the application for payment, the actual costs incurred in performing site
evaluation activities.
l) 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 modification of the amended plan in
accordance with the procedures contained in Subpart E of this Part.
BOARD NOTE: Owners or operators proceeding under subsection (a)(2) or (k) of this
Section are advised that they may not be entitled to full payment or reimbursement.
51
Furthermore, owners or operators may only be reimbursed for one method of site
classification. See Subpart F of this Part.
(Source: Amended at ___ Ill. Reg. ________, effective ________________________)
SUBPART D: CORRECTIVE ACTION
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 shall have no additional remediation
responsibilities beyond those performed pursuant to Subpart B or C of this Part. UnlessIf the
Agency fails takes action to approve, reject or modify the site classification completion report
within 120 days after receipt of the completion report pursuant to Section 732.309 or Section
732.312, the site classification completion report is rejected by operation of law.
(Source: Amended at ___ Ill. Reg. ________, effective ________________________)
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 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 shall develop a
groundwater monitoring plan designed to satisfy the following requirements at a
minimum:
1) Groundwater monitoring shall be conducted for a period of three years
following the Agency's approval of the site classification, unless
subsection (b)(6) or subsection (i) of this Section applies;
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. In the event that a groundwater
monitoring well cannot physically be installed at the property line or 200
feet from the UST system, whichever is closer, in accordance with this
subsection (b)(2) of this Section, the owner or operator shall request
approval from the Agency to place the well further out, but at the closest
practical point to the compliance point. The owner or operator may elect
to place a monitoring well in a location that is closer to the UST system
than the rule requires. However, once the election is made the owner or
operator may not withdraw the election at a later time;
52
3) Groundwater monitoring wells shall satisfy the requirements at Section
subsections 732.307(j)(3) and (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 732.310 of this Part;
6) The owner or operator may use groundwater monitoring data that has been
collected up to 3 years prior to the site being certified as Low Priority, if
the data meets the requirements of subsections (b)(2) through (b)(5) of this
Section. This data may be used to satisfy all or part of the three year
period of groundwater monitoring required under this Section.
c) Prior to the implementation of groundwater monitoring, except as provided under
subsection (b)(6) of this Section, 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 and provided by the Agency and, if specified by
the Agency by written notice, in an electronic format.
d) Groundwater analysis results obtained pursuant to subsection (b) of this Section
shall be submitted to the Agency within 30 days after the end of each annual
sampling period on forms prescribed and provided by the Agency, except as
provided under subsection (b)(6) of this Section. Groundwater analysis data
being used pursuant to subsection (b)(6) shall be submitted to the Agency as part
of a Low Priority groundwater monitoring plan or the Low Priority groundwater
monitoring completion report.
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.
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
53
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 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.
f) 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
Subpart G of this Part upon approval of the report by the Agency. If the owner or
operator elects to appeal an Agency action to disapprove, modify, or reject by
operation of law a Low Priority groundwater monitoring completion report, the
Agency shall indicate to the Board in conjunction with such appeal whether it
intends to reclassify the site as High Priority.
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 any time before the Agency's final approval of a Low Priority
groundwater monitoring completion report. 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 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) of this Section 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 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 days after
receiving the notice of reclassification.
i) As a result of the demonstration under Section 732.307(j)(6), the owner or
operator of a site classified as Low Priority by a Licensed Professional
Engineer.1) Shallshall prepare a report in accordance with Section 732.409 of this
Part, thatwhich supports the issuance of a No Further Remediation Letter or
54
reclassification of the site as a High Priority site.2) In the event the site is
reclassified as a High Priority site, the owner or operator shall develop and submit
for Agency approval a High Priority corrective action plan in accordance with
Section 732.403(h) of this Part.
(Source: Amended at ___ Ill. Reg. ________, effective ________________________)
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 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) of this
Section 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 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) For sites that have submitted submitting a site classification report under
Section 732.309, provide that:
A) Provide that,aAfter complete performance of the corrective action
plan, applicable indicator contaminants, identified in the
groundwater investigation, are not present in groundwater, as a
result of the underground storage tank release, in concentrations
exceeding the remediation objectives referenced in Section
732.408 of this Part 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 (b)(1)(A);
B)
Provide that, aAfter 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
55
tank release for any indicator contaminant identified in the
groundwater investigation;
C)
After complete performance of the corrective action plan,
remediation of contamination in natural or man-made exposure
pathways as a result of the underground storage tank release has
been conducted in accordance with 35 Ill. Adm. Code
742Remediate 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;
D) Remediate threatsThreats to potable water supplies are remediated;
and
E) Remediate threatsThreats to bodies of surface water are
remediated.
2) For sites that have submitted submitting a site classification completion
report under Section 732.312, provide that, after complete performance of
the corrective action plan, the concentrations of applicable indicator
contaminants meet the remediation objectives developed under Section
732.408 for any applicable exposure route not excluded from
consideration under Section 732.312.
3) Where there has been no reliance on an engineered barrier to achieve
compliance with remediation objectives developed under Section 732.408,
compliance with remediation objectives shall be demonstrated as follows:
A)
For groundwater remediation objectives:
i) Except as provided in subsection (ii) of this Section, or
Section 732.307(j)(3) where there is a separate sampling
point agreed to by the Agency, sampling points shall be
located at the property boundary line or 200 feet from the
UST system, whichever is less.
ii)
If an institutional control prohibiting the use of
groundwater as a potable supply is obtained under 35 Ill.
Adm. Code 742.Subpart J, sampling points shall be located
at the property boundary line.
iii) Compliance with groundwater remediation objectives at
applicable sampling points shall be determined in
accordance with 35 Ill. Adm. Code 742.225.
B)
For soil remediation objectives:
56
i) Following site classification under this Part, sampling
points shall be located on the site in areas where
concentrations of indicator contaminants exceeded
remediation objectives.
ii)
Compliance with soil remediation objectives at applicable
sampling points shall be determined in accordance with 35
Ill. Adm. Code 742.225.
4) Where an engineered barrier has been relied upon to achieve compliance
with remediation objectives developed under Section 732.408, compliance
shall be determined based on approval by the Agency of the sufficiency of
the engineered barrier.
c)
The owner or operator is not required to perform corrective action on an adjoining
or off-site property to meet the requirements of this Section, even where complete
performance of the corrective action plan under subsection (b)(1) or (b)(2) of this
Section would otherwise require such off-site action, if the Agency determines
that the owner or operator is unable to obtain access to the property despite the
use of best efforts in accordance with the requirements of Section 732.411 of this
Part.
cd) 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) of this Section, remediation objectives shall be determined
in accordance with Section 732.408 of this Part. Groundwater monitoring wells
shall satisfy the requirements of Section 732.307(j)(3) and (4) of this Part.
de) Except where provided otherwise pursuant to Section 732.312 of this Part, 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.
ef) 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
57
corrective action plan budget shall be submitted on forms prescribed and provided
by the Agency and, if specified by the Agency by written notice, in an electronic
format.
fg) Within 30 days after completing the performance of the High Priority 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.
gh) 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 Subpart G of this Part upon approval by the Agency.
(Source: Amended at ___ Ill. Reg. ________, effective ________________________)
Section 732.405 Plan Submittal and Review
a) Prior to conducting any corrective action activities pursuant to this Subpart D of
this Part, 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 Section 732.403 or
732.404 of this Part, as applicable. Groundwater monitoring and corrective action
plans shall be submitted on forms prescribed and provided by the Agency and, if
specified by the Agency by written notice, in an electronic format.
b) In addition to the plans required in subsections (a) , (e) and (f) of this Section and
prior to conducting any groundwater monitoring or corrective action activities,
any owner or operator intending to seek payment from the Fund shall submit to
the Agency a groundwater monitoring or corrective action budget plan. Such
budget plans 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
applicable activities. Formulation of budget plans should be consistent with the
eligible and ineligible costs listed at Sections 732.605 and 732.606 of this Part.
Groundwater monitoring and corrective action budget plans shall be submitted on
forms prescribed and provided by the Agency and, if specified by the Agency by
written notice, in an electronic format.
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), (e), and (f) of this Section and except as
provided at Section 732.407 of this Part, an owner or operator may proceed to
conduct Low Priority groundwater monitoring or High Priority corrective action
activities in accordance with this Subpart D of this Part prior to the submittal or
approval of an otherwise required groundwater monitoring plan or budget or
corrective action plan or budget. However, any such plan shall be submitted to
58
the Agency for review and approval, rejection or modification in accordance with
the procedures contained in Subpart E of this Part prior to payment or
reimbursement for any related costs or the issuance of a No Further Remediation
Letter. If the owner or operator has obtained Agency approval of a Low Priority
groundwater monitoring plan and a Low Priority groundwater monitoring
completion report, or has obtained Agency approval of a High Priority corrective
action plan and a High Priority corrective action completion report, without the
submittal of a budget plan pursuant to subsection (b) of this Section, the owner or
operator may, as an alternative to submitting a budget plan, submit, on a form
provided by the Agency and attached to the application for payment, the actual
costs incurred in performing the applicable activities required, for a Low Priority
site, in Section 732.403 of this Part or, for a High Priority site, in Section 732.404
of this Part.
BOARD NOTE: Owners or operators proceeding under subsection (d) of this
Section are advised that they may not be entitled to full payment or
reimbursement. See Subpart F of this Part.
e) If, following approval of any groundwater monitoring plan, corrective action plan
or associated budget 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 groundwater monitoring plan, corrective action plan or associated
budget plan for review by the Agency. The Agency shall review and approve,
reject or require modifications of the amended plan in accordance with the
procedures contained in Subpart E of this Part.
(f)
If the Agency determines any approved corrective action plan has not achieved
applicable remediation objectives within a reasonable time, based upon the
method of remediation and site specific circumstances, the Agency may require
the owner or operator to submit a revised corrective action plan. Any action by
the Agency to require a revised corrective action plan pursuant to this subsection
(f) shall be subject to appeal to the Board within 35 days after the Agency’s final
action in the manner provided for the review of permit decisions in Section 40 of
the Act.
(Source: Amended at ___ Ill. Reg. ________, effective ________________________)
Section 732.406 Deferred Corrective Action; Priority List for Payment
a) An
owner or operator who has received approval for any budget plan submitted
pursuant to
this Part
and who is eligible for payment from the underground
storage tank fund may elect to defer site classification, low priority groundwater
monitoring, or remediation activities until funds are available in an amount equal
to the amount approved in the budget plan
if the requirements of subsection (b) of
this Section are met. (Section 57.8(b) of the Act) [415 ILCS 5/57.8(b)].
59
1) Approvals of budget plans shall be pursuant to Agency review 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 of approved budget plans
and shall provide notice to owners or operators of the availability of funds
in accordance with Sectionsubsection 732.503(h)(g) of this Part. Funds
shall not be deemed available for owners or operators electing to defer
corrective action so long as there are owners or operators on the priority
list established pursuant to Sectionsubsection 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 corrective action until funds are available, the Agency shall place the
site on a priority list for payment and notification of availability of
sufficient funds. Sites shall enter the priority list for payment and move
up based solely on the date the Agency receives the written election 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's or operator's site. After such notification the owner or operator
shall commence corrective action.
5) Authorization of payment of encumbered funds for deferred corrective
action activities shall be approved in accordance with the requirements of
Subpart F of this Part.
6) The priority list for payment and notification of availability of sufficient
funds shall be the same as that used for deferred site classification
pursuant to Section 732.306 of this Part 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) An owner or operator who elects to defer site classification, low priority
groundwater monitoring, or remediation activities under subsection (a) of this
Section shall submit a report certified by a Licensed Professional Engineer
demonstrating the following:
1) The early action requirements of Subpart B of this Part have been met; and
2) The release does not pose a threat to human health or the environment
through migratory pathways following the investigation of migration
pathways requirements of Sectionsubsection 732.307(g) of this Part.
60
c) An owner or operator may withdraw the election to commence corrective action
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 corrective action in accordance with the requirements of this Part.
(Source: Amended at ___ Ill. Reg. ________, effective ________________________)
Section 732.409 Groundwater Monitoring and Corrective Action Completion Reports
a) Within 30 days after completing the performance of a Low Priority groundwater
monitoring plan or High Priority corrective plan, the owner or operator shall
submit to the Agency a groundwater monitoring completion report or a corrective
action completion report.
1) The Low Priority groundwater monitoring completion report shall include,
but not be limited to, a narrative describing the implementation and
completion of all elements of the groundwater monitoring plan and the
procedures used for collection and analysis of samples, analytical results
in tabular form, actual analytical results, laboratory certification and any
other information or documentation relied upon by the Licensed
Professional Engineer in reaching the conclusion that the requirements of
the Act and regulations have been satisfied and that no further remediation
is required at the site.
2) The High Priority corrective action completion report shall include, but
not be limited to, a narrative and timetable describing the implementation
and completion of all elements of the corrective action plan and the
procedures used for the collection and analysis of samples, soil boring
logs, actual analytical results, laboratory certification, site maps, well logs
and any other information or documentation relied upon by the Licensed
Professional Engineer in reaching the conclusion that the requirements of
the Act and regulations have been satisfied and that no further remediation
is required at the site. A High Priority corrective action completion report
shall demonstrate the following:
A) For sites submitting a site classification report under Section
732.309 of this Part:
i) Applicable indicator contaminant groundwater objectives
are not exceeded at the property boundary line or 200 feet
from the UST system, whichever is less, as a result of the
release of petroleum for any indicator contaminant
identified during the groundwater investigation;
ii) Class III resource groundwater quality standards, for Class
III special use resource groundwater within 200 feet of the
UST system are not exceeded as a result of the release of
61
petroleum for any indicator contaminant identified during
the groundwater investigation;
iii) The release of petroleum does not threaten human health or
human safety due to the presence or migration, through
natural or manmade pathways, of petroleum in
concentration 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;
iv) The release of petroleum does not threaten any surface
water body; and
v) The release of petroleum does not threaten any potable
water supply.
B) For sites submitting a site classification completion report under
Section 732.312 of this Part, the concentrations of applicable
indicator contaminants meet the remediation objectives developed
under Section 732.408 of this Part for any applicable exposure
route not excluded from further consideration under Section
732.312 of this Part.
b) The applicable report shall be submitted on forms prescribed and provided by the
Agency, and, if specified by the Agency by written notice, in an electronic format,
shall be signed by the owner or operator, and shall be accompanied by a
certification from a Licensed Professional Engineer, in accordance with
subsection (a) of this Section, that the information presented in the applicable
report is accurate and complete, that groundwater monitoring or corrective action
have been completed in accordance with the requirements of the Act and this
Subpart D of this Part, and that no further remediation is required at the site. With
the exception of Federal Landholding Entities subject to Section
732.703(d),theThe owner or operator must sign and submit, with the corrective
action completion report, a form prescribed and provided by the Agency
addressing ownership of the site. Where the owner or operator owns the site, the
owner or operator must so indicate on the form. Where the owner or operator
either does not own or does not solely own the site, the owner or operator must
provide, on the form, a certification by original signature of the title holder(s) of
record for the remediation site or each portion thereof, or the agent(s) of such
person(s), stating as follows:
I hereby certify that I have reviewed the attached report and that I accept the
terms and conditions set forth therein, including any land use limitations, that
apply to property I own. I further certify that I have no objection to the recording
of a No Further Remediation Letter containing the terms and conditions identified
in the Corrective Action Completion Report.
62
c) 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.
(Source: Amended at ___ Ill. Reg. ________, effective ________________________)
Section 732.411 Off-site Access
a) An owner or operator seeking to comply with the best efforts requirements of
subsection 732.404(c) of this Part must demonstrate compliance with the
requirements of this Section.
b)
In conducting best efforts to obtain off-site access, an owner or operator must, at a
minimum, send a letter by certified mail to the owner of any off-site property to
which access is required, stating:
1) Citation to Section 57 of the Act stating the legal responsibility of the
owner or operator to remediate the contamination caused by the release;
2)
That, if the property owner denies access to the owner or operator, the
owner or operator may seek to gain entry by a court order pursuant to
Section 22.2(c) of the Act;
3) That, in performing the requested investigation, the owner or operator will
work so as to minimize any disruption on the property, will maintain, or
its consultant will maintain, appropriate insurance and will repair any
damage caused by the investigation;
4)
If contamination results from a release by the owner or operator, the
owner or operator will conduct all associated remediation at its own
expense;
5) That threats to human health and the environment and diminished property
value may result from failure to remediate contamination from the release;
and;
6)
A reasonable time to respond to the letter, not less than 30 days.
c) An owner or operator, in demonstrating that the requirements of this Section have
been met, must provide to the Agency, as part of the Corrective Action
Completion Report, the following documentation:
1)
A sworn affidavit, signed by the owner or operator, identifying the
specific off-site property involved by address, the measures proposed in
the corrective action plan that require off-site access, and the efforts taken
to obtain access, and stating that the owner or operator has been unable to
obtain access despite the use of best efforts; and
63
2) A copy of the certified letter sent to the owner of the off-site property
pursuant to subsection (b) of this Section.
d)
In determining whether the efforts an owner or operator has made constitute best
efforts to obtain access, the Agency must consider the following factors:
1) The physical and chemical characteristics, including toxicity, persistence
and potential for migration, of applicable indicator contaminants at the
property boundary line;
2)
The hydrogeological characteristics of the site and the surrounding area,
including the attenuation capacity and saturation limits of the soil at the
property boundary line;
3) The nature and extent of known contamination at the site, including the
levels of applicable indicator contaminants at the property boundary line;
4)
The potential effects of residual contamination on nearby surface water
and groundwater;
5) The proximity, quality and current and future uses of nearby surface water
and groundwater, including setback zones and regulated recharge areas of
potable water supply wells;
6)
Any known or suspected natural or man-made migration pathways
existing in or near the suspected area of off-site contamination;
7) The nature and use of the part of the off-site property that is the suspected
area of contamination;
8)
Any existing on-site engineered barriers or institutional controls that might
have an impact on the area of suspected off-site contamination, and the
nature and extent of such impact; and
9) Any other applicable information assembled in compliance with this Part.
e)
The Agency shall issue a No Further Remediation Letterletter to an owner or
operator subject to this Section and otherwise entitled to such issuance only if the
owner or operator has, in accordance with this Section, either completed any
requisite off-site corrective action or demonstrated to the Agency’s satisfaction an
inability to obtain off-site access despite best efforts.
f)
The owner or operator is not relieved of responsibility to clean up a release that
has migrated beyond the property boundary even where off-site access is denied.
(Source: Added at ___ Ill. Reg. ________, effective ________________________)
SUBPART E: SELECTION AND REVIEW PROCEDURES FOR PLANS AND REPORTS
64
Section 732.500 General
a) The Agency shall have the authority to review any plan or report, including any
amended plan or report, submitted pursuant to this Part. All such reviews shall be
subject to the procedures set forth in the Act and this Subpart E of this Part.
b) For purposes of this Part 732, “plan” shall mean:
1) Any physical soil classification or groundwater investigation plan or
associated budget plan submitted pursuant to Subpart C of this Part;
2) Any groundwater monitoring plan or associated budget plan submitted
pursuant to Subpart D of this Part; or
3) Any site-specific corrective action plan or associated budget plan
submitted pursuant to Subpart D of this Part.
c) For purposes of this Part 732, “report” shall mean:
1) Any early action report or free product removal report submitted pursuant
to Subpart B of this Part;
2) Any site classification completion report submitted pursuant to Subpart C
of this Part;
3) Any annual groundwater monitoring report submitted pursuant to Subpart
D of this Part;
4) Any groundwater monitoring completion report submitted pursuant to
Subpart D of this Part; or
5) Any corrective action completion report submitted pursuant to Subpart D
of this Part or SectionsSection 732.300(b) or 732.400(b) or (c) of this Part.
(Source: Amended at ___ Ill. Reg. ________, effective ________________________)
Section 732.501 Submittal of Plans or Reports
All plans or reports shall be made on forms prescribed and provided by the Agency and, if
specified by the Agency by written notice, in an electronic format. Plans or reports shall be
mailed or delivered to the address designated by the Agency. The Agency's record of the date of
receipt shall be deemed conclusive unless a contrary date is proven by a dated, signed receipt
from certified or registered mail.
(Source: Amended at ___ Ill. Reg. ________, effective ________________________)
Section 732.503 Full Review of Plans or Reports
65
a) In addition to the completeness review for plans conducted pursuant to Section
732.502 of this Part, the Agency may conduct a full review of plans or reports
selected in accordance with the requirements of Section 732.504 of this Part. A
full review may include any or all technical or financial information, or both,
relied upon by the owner or operator or Licensed Professional Engineer or
Licensed Professional Geologist in developing the plan or report selected for
review. The full review also may include the review of any other plans or reports
submitted in conjunction with the site.
b) The Agency shall have the authority to approve, reject or require modification of
any plan or report that has been given a full review. The Agency shall notify the
owner or operator in writing of its final action on any such plan or report, except
in the case of 20 day, 45 day or free product reports, in which case no notification
is necessary. Except as provided in subsections (cd) and (de) of this Section, if
the Agency fails to notify the owner or operator of its final action on a plan or
report within 120 days after the receipt of a plan or report, the owner or operator
may deem the plan or report rejected by operation of law, except in the case of 20
day, 45 day or free product reports, in which case no notification is necessary. If
the Agency rejects a plan or report or requires modifications, the written
notification shall contain the following information, as applicable:
1) An explanation of the specific type of information, if any, that the Agency
needs to complete the full review;
2) An explanation of the Sections of the Act or regulations that may be
violated if the plan or report is approved; and
3) A statement of specific reasons why the cited Sections of the Act or
regulations may be violated if the plan or report is approved.
c) d) For High Priority corrective action plans submitted by owners or operators not
seeking reimbursement from the Fund, the Agency may delay final action on such
plans until 120 days after it receives the corrective action completion report
required pursuant to Section 732.409 of this Part.
d) e) An owner or operator may waive the right to a final decision within 120 days after
the submittal of a complete plan or report by submitting written notice to the
Agency prior to the applicable deadline. Any waiver shall be for a minimum of
60 days.
e) f) The Agency shall mail notices of final action on plans or reports by registered or
certified mail, post marked with a date stamp and with return receipt requested.
Final action shall be deemed to have taken place on the post marked date that
such notice is mailed.
f) g) Any action by the Agency to reject or require modification, or rejection by failure
to act, of a plan or report shall be subject to appeal to the Board within 35 days
after the Agency's final action in the manner provided for the review of permit
66
decisions in Section 40 of the Act. If the owner or operator elects to incorporate
modifications required by the Agency rather than appeal, a revised plan or report
shall be submitted to the Agency within 35 days after the receipt of the Agency's
written notification. If no revised plan or report is submitted to the Agency or no
appeal to the Board is filed within the specified time frames, the plan or report
shall be deemed approved as modified by the Agency. If any plan or report is
rejected by operation of law, in lieu of an immediate appeal to the Board the
owner or operator may either resubmit the plan or report to the Agency or file a
joint request for a 90 day extension in the manner provided for extensions of
permit decisiondecisions in Section 40 of the Act.
g) h) Notification of Selection for Full Review
1) Owners or operators submitting plans shall be notified by the Agency
within 60 days fromafter the date the plan is deemed complete if the plan
has not been selected for full review in accordance with Section 732.504
of this Part. Failure of the Agency to so notify the owner or operator shall
mean that the plan has been selected for full review. Notification by the
Agency that the plan has not been selected for full review shall constitute
approval of the plan.
2) Owners or operators submitting reports shall be notified by the Agency
within 60 days after the receipt of the report if the report has not been
selected for full review in accordance with Section 732.504 of this Part,
except in the case of 20 day, 45 day or free product reports, in which case
no notification of selection is necessary. Failure of the Agency to so
notify the owner or operator shall mean that the report has been selected
for full review. Notification by the Agency that the report has not been
selected for full review shall constitute approval of the report.
3) Notice shall be sent and the date of notification shall be computed in
accordance with subsection (e) of this Section.
h) i) In accordance with Sections 732.306 and 732.406 of this Part, upon the approval
of any budget plan by the Agency, the Agency shall include as part of the final
notice to the owner or operator a statement of whether or not the Fund contains
sufficient resources in order to immediately commence the approved measures.
(Source: Amended at ___ Ill. Reg. ________, effective ________________________)
SUBPART F: PAYMENT OR REIMBURSEMENT
Section 732.601 Applications for Payment
a) An owner or operator seeking payment from the Fund shall submit to the Agency
an application for payment on forms prescribed and provided by the Agency and,
if specified by the Agency by written notice, in an electronic format. The owner
or operator may submit an application for partial payment or final payment for
67
materials, activities or services contained in an approved budget plan. An
application for payment also may be submitted for materials, activities or services
for early action conducted pursuant to Subpart B of this Part and for which no
budget plan is required.
b) A complete application for payment shall consist of the following elements:
1) A certification from a Licensed Professional Engineer acknowledged by
the owner or operator that the work performed by the Licensed
Professional Engineer or Licensed Professional Geologist or under his or
her supervision has been in accordance with a technical plan approved by
the Agency or, for early action activities, in accordance with Subpart B of
this Part;
2) A statement of the amounts approved in the corresponding budget plan
and the amounts actually sought for payment along with a certified
statement by the owner or operator that the amounts so sought havehas
been expended in conformance with the elements of a budget plan
approved by the Agency;
3) A copy of the OSFM or Agency eligibility and deductibility
determination;
4) Proof that approval of the payment requested will not exceed the
limitations set forth in the Act and Section 732.604 of this Part;
5) A federal taxpayer identification number and legal status disclosure
certification;
6) A Private Insurance Coverage form; and
7) A Minority/Women's Business Usage form; and
8)
designation of the address to which payment and notice of final action on
the application for payment are to be sent.
c) The address designated on the application for payment may be changed only by
subsequent notification to the Agency, on a form provided by the Agency, of a
change in address.
cd) Applications for payment and change of address forms shall be mailed or
delivered to the address designated by the Agency. The Agency's record of the
date of receipt shall be deemed conclusive unless a contrary date is proven by a
dated, signed receipt from certified or registered mail.
de) Applications for partial or final payment may be submitted no more frequently
than once every 90 days.
68
ef) Except for applications for payment for costs of early action conducted pursuant
to Subpart B of this Part or applications for payment/budget plans submitted
pursuant to Sections 732.305(e), 732.312(l), 732.405(e), and 732.405(f) of this
Part, in no case shall the Agency review an application for payment unless there is
an approved budget plan on file corresponding to the application for payment.
fg) In no case shall the Agency authorize payment to an owner or operator in an
amountamounts greater than the amountamounts approved by the Agency in a
corresponding budget plan. Revised cost estimates or increased costs resulting
from revised procedures must be submitted to the Agency for review in
accordance with Subpart E of this Part using amended budget plans in accordance
with SectionsSection 732.305(e) or 732.405(e) of this Part.
gh) Applications for payment of costs associated with site classification may not be
submitted prior to approval or modification of the site classification completion
report.
(Source: Amended at ___ Ill. Reg. ________, effective ________________________)
Section 732.602 Review of Applications for Payment
a) The Agency shall conduct a review of any application for payment submitted
pursuant to this Part 732. Each application for payment shall be reviewed to
determine whether the application contains all of the elements and supporting
documentation required by Section 732.601(b) of this Part and whether the
amounts sought for payment have been certified in accordance with Section
732.601(b)(2) of this Part as equal to or less than the amounts approved in the
corresponding budget plan. Any action by the Agency pursuant to this subsection
shall be subject to appeal to the Board within 35 days after the Agency's final
action in the manner provided for the review of permit decisions in Section 40 of
the Act.
b) The Agency may conduct a full review of any application for payment:
1) If the amounts sought for payment exceed the amounts approved in the
corresponding budget plan;
2) If the Agency has reason to believe that the application for payment is
fraudulent; or
3) If the application for payment includes costs for early action activities
conducted pursuant to Subpart B of this Part and either of the following
circumstances existexists:
A) The application for payment is solely for early action costs that
have not been approved as part of a prior budget plan; or
69
B) The application for payment includes early action costs that have
not been approved as part of a prior budget plan, except that only
the portion of the application for the unapproved early action costs
may be given a full review.
c) When conducting a full review of any application for payment, the Agency may
require the owner or operator to submit a full accounting supporting all claims as
provided in subsection (d) of this Section.
d) A full review of an application for payment shall be sufficient to determine which
line items contained in the application for payment have caused the application
for payment to exceed the corresponding approved budget plan pursuant to
subsection (b)(1) of this Section, which line items, if any, are ineligible for
payment pursuant to subsection (b)(2) or (b)(3) of this Section, and whether there
is sufficient documentation to demonstrate that line items have been completed in
accordance with a plan approved by the Agency . A full review may include
review of any or all elements and supporting documentation relied upon by the
owner or operator in developing the application for payment, including but not
limited to a review of invoices or receipts supporting all claims. The full review
also may include the review of any plans or reports previously submitted for the
site to ensure that the application for payment is consistent with work proposed
and actually performed in conjunction with the site.
e) Following a review, the Agency shall have the authority to approve, deny or
require modification of applications for payment or portions thereof. The Agency
shall notify the owner or operator in writing of its final action on any such
application for payment. Except as provided in subsection (f) of this Section, if
the Agency fails to notify the owner or operator of its final action on an
application for payment within 120 days after the receipt of a complete
application for payment, the owner or operator may deem the application for
payment rejected approved by operation of law. If the Agency denies payment
for an application for payment or for a portion thereof or requires modification,
the written notification shall contain the following information, as applicable:
1) An explanation of the specific type of information, if any, that the Agency
needs to complete the full review;
2) An explanation of the Sections of the Act or regulations that may be
violated if the application for payment is approved; and
3) A statement of specific reasons why the cited Sections of the Act or
regulations may be violated if the application for payment is approved.
f) An owner or operator may waive the right to a final decision within 120 days after
the submittal of a complete application for payment by submitting written notice
to the Agency prior to the applicable deadline. Any waiver shall be for a
minimum of 30 days.
70
g) The Agency shall mail notices of final action on applications for payment by
registered or certified mail, post marked with a date stamp and with return receipt
requested. Final action shall be deemed to have taken place on the post marked
date that such notice is mailed. The Agency shall mail notices of final action on
applications for payment, and direct the Comptroller to mail payments to the
owner or operator, at the address designated for receipt of payment in the
application for payment or on a change of address form, provided by the Agency,
submitted subsequent to submittal of the application for payment.
h) Any action by the Agency to deny payment for an application for payment or
portion thereof or to require modification shall be subject to appeal to the Board
within 35 days after the Agency's final action in the manner provided for the
review of permit decisions in Section 40 of the Act. If the owner or operator
elects to incorporate modifications required by the Agency rather than appeal, a
revised application for payment shall be submitted to the Agency within 35 days
after the receipt of the Agency's written notification. If no revised application for
payment is submitted to the Agency or no appeal to the Board is filed within the
specified time frames, the application for payment shall be deemed approved as
modified by the Agency and payment shall be authorized in the amount approved.
(Source: Amended at ___ Ill. Reg. ________, effective ________________________)
Section 732.603 Authorization for Payment; Priority List
a) Within 60 days after notification of to an owner or operator that the application
for payment or a portion thereof has been approved by the Agency or by operation
of law, the Agency shall forward to the Office of the State Comptroller in
accordance with subsection (cd) or (de) of this Section a voucher in the amount
approved. If the owner or operator has filed an appeal with the Board of the
Agency's final decision on an application for payment, the Agency shall have 60
days fromafter the final resolution of the appeal to forward to the Office of the
State Comptroller a voucher in the amount ordered as a result of the appeal.
Notwithstanding the time limits imposed by this Section, the Agency shall not
forward vouchers to the Office of the State Comptroller until sufficient funds are
available to issue payment.
b)
The following rules shall apply regarding deductibles:
1) Any deductible, as determined by the OSFM or the Agency, shall be
subtracted from any amount approved for payment by the Agency or by
operation of law.;
2)
Only one deductible shall apply per occurrence;
3)
If multiple incident numbers are issued for a single site in the same
calendar year, only one deductible shall apply for those incidents, even if
the incidents relate to more than one occurrence; and
71
4) Where more than one deductible determination is made, the higher
deductible shall apply.
c)
The Agency shall instruct the Office of the State Comptroller to issue payment to
the owner or operator at the address designated in accordance with subsection
732.601(b)(8) of this Part. In no case shall the Agency authorize the Office of the
State Comptroller to issue payment to an agent, designee, or entity who has
conducted corrective action activities for the owner or operator.
c)d) For owners or operators who have deferred site classification or corrective action
in accordance with Section 732.306 or 732.406 of this Part, payment shall be
authorized from funds encumbered pursuant to Sectionsubsection 732.306(a)(4)
or 732.406(a)(4) of this Part upon approval of the application for payment by the
Agency or by operation of law.
d)e) For owners or operators not electing to defer site classification or corrective
action in accordance with Section 732.306 or 732.406 of this Part, the Agency
shall form a priority list for payment for the issuance of vouchers pursuant to
subsection (a) of this Section.
1) All such applications for payment shall be assigned a date that is the date
upon which the complete application for partial or final payment was
received by the Agency. This date shall determine the owner or operator's
priority for payment in accordance with subsection (d)(2) (e)(2) of this
Section, with the earliest dates receiving the highest priority.
2) Once payment is approved by the Agency or by operation of law or
ordered by the Board or courts, the application for payment shall be
assigned priority in accordance with subsection (d)(1)(e)(1) of this
Section. The assigned date shall be the only factor determining the
priority for payment for those applications approved for payment.
(Source: Amended at ___ Ill. Reg. ________, effective ________________________)
Section 732.605 Eligible Costs
a) Types of costs that may be eligible for payment from the Fund include those for
corrective action activities and for materials or services provided or performed in
conjunction with corrective action activities. Such activities and services may
include but are not limited to:
1) Early action activities conducted pursuant to Subpart B of this Part;
2) Engineering oversight services;
3) Remedial investigation and design;
4) Feasibility studies;
72
5) Laboratory services necessary to determine site classification and whether
the established corrective action objectives have been met;
6) Installation and operation of groundwater investigation and groundwater
monitoring wells;
7) The removal, treatment, transportation and disposal of soil contaminated
by petroleum at levels in excess of the established corrective action
objectives;
8) The removal, treatment, transportation and disposal of water contaminated
by petroleum at levels in excess of the established corrective action
objectives;
9) The placement of clean backfill to grade to replace excavated soil
contaminated by petroleum at levels in excess of the established corrective
action objectives;
10) Groundwater corrective action systems;
11) Alternative technology;
12) Recovery of free phase petroleum from groundwater;
13) The removal and disposal of any UST if a release of petroleum from the
UST was identified and IEMA was notified prior to its removal, with the
exception of any UST deemed ineligible by the Office of State Fire
Marshal,;
14) Costs incurred as a result of a release of petroleum because of vandalism,
theft or fraudulent activity by a party other than an owner, operator or
agent of an owner or operator;
15) Engineering costs associated with seeking payment or reimbursement
from the Fund including, but not limited to, completion of an application
for partial or final payment;
16) Costs associated with obtaining an Eligibility and Deductibility
Determination from the OSFM or the Agency;
17) Costs for destruction and replacement of concrete, asphalt and paving to
the extent necessary to conduct corrective action and if the destruction and
replacement has been certified as necessary to the performance of
corrective action by a Licensed Professional Engineer;
18) The destruction or dismantling and reassembly of above grade structures
in response to a release of petroleum if such activity has been certified as
necessary to the performance of corrective action by a Licensed
73
Professional Engineer. For purposes of this subsection, destruction,
dismantling or reassembly of above grade structures does not include costs
associated with replacement of pumps, pump islands, buildings, wiring,
lighting, bumpers, posts or canopies; and
19) Preparation of site classification plans (including physical soil
classification and groundwater investigation plans) and associated budget
plans, site classification reports, groundwater monitoring plans and
associated budget plans, groundwater monitoring completion reports, High
Priority corrective action plans and associated budget plans, and High
Priority corrective action completion reports.
b) An owner or operator may submit a budget plan or application for partial or final
payment that includes an itemized accounting of costs associated with activities,
materials or services not identified in subsection (a) of this Section if the owner or
operator submits detailed information demonstrating that the activities, materials
or services not identified in subsection (a) of this Section are essential to the
completion of the minimum corrective action requirements of the Act and this
Part 732.
(Source: Amended at ___ Ill. Reg. ________, effective ________________________)
Section 732.606 Ineligible Costs
Costs ineligible for payment from the Fund include but are not limited to:
a) Costs for the removal, treatment, transportation, and disposal of more than four
feet of fill material from the outside dimensions of the UST, as set forth in
Appendix C of this Part, during early action activities conducted pursuant to
Section 732.202(f), and costs for the replacement of contaminated fill materials
with clean fill materials in excess of the amounts set forth in Appendix C of this
Part during early action activities conducted pursuant to Section 732.202(f) of this
Part;
b) Costs or losses resulting from business interruption;
c) Costs incurred as a result of vandalism, theft or fraudulent activity by the owner
or operator or agent of an owner or operator including the creation of spills, leaks
or releases;
d) Costs associated with the replacement of above grade structures such as pumps,
pump islands, buildings, wiring, lighting, bumpers, posts or canopies, including
but not limited to those structures destroyed or damaged during corrective action
activities;
e)
Costs of corrective action or indemnification incurred by an owner or operator
prior to July 28, 1989
(Section 57.8(j) of the Act) [415 ILCS 5/57.8(j)];
74
f) Costs associated with the procurement of a generator identification number;
g)
Legal defense costs
including
legal costs for seeking payment under
these
regulations
unless the owner or operator prevails before the Board
and the Board
authorizes payment of legal fees (Section 57.8(l) of the Act) [415 ILCS 5/57.8(l)];
h) Purchase costs of non-expendable materials, supplies, equipment or tools, except
that a reasonable rate may be charged for the usage of such materials, supplies,
equipment or tools;
i) Costs associated with activities that violate any provision of the Act or Board,
OSFM or Agency regulations;
j) Costs associated with investigative action, preventive action, corrective action, or
enforcement action taken by the State of Illinois if the owner or operator failed,
without sufficient cause, to respond to a release or substantial threat of a release
upon, or in accordance with, a notice issued by the Agency pursuant to Section
732.105 of this Part and Section 57.12 of the Act;
k) Costs for removal, disposal or abandonment of UST if the tank was removed or
abandoned, or permitted for removal or abandonment, by the OSFM before the
owner or operator provided notice to IEMA of a release of petroleum;
l) Costs associated with the installation of new USTs, and the repair of existing
USTs and removal and disposal of USTs determined to be ineligible by the Office
of State Fire MarshalMarshall.
m) Costs exceeding those contained in a budget plan or amended budget plan
approved by the Agency;
n) Costs of corrective action or indemnification incurred before providing
notification of the release of petroleum to IEMA in accordance with Section
732.202 of this Part;
o) Costs for corrective action activities and associated materials or services
exceeding the minimum requirements necessary to comply with the Act;
p) Costs associated with improperly installed sampling or monitoring wells;
q) Costs associated with improperly collected, transported or analyzed laboratory
samples;
r) Costs associated with the analysis of laboratory samples for constituents other
than applicable indicator contaminants or groundwater objectives;
s) Costs for any corrective activities, services or materials unless accompanied by a
letter from OSFM or the Agency confirming eligibility and deductibility in
accordance with Section 57.9 of the Act;
75
t) Interest or finance costs charged as direct costs;
u) Insurance costs charged as direct costs;
v) Indirect corrective action costs for personnel, materials, service or equipment
charged as direct costs;
w) Costs associated with the compaction and density testing of backfill material;
x) Costs associated with sites that have not reported a release to IEMA or are not
required to report a release to IEMA;
y) Costs related to activities, materials or services not necessary to stop, minimize,
eliminate, or clean up a release of petroleum or its effects in accordance with the
minimum requirements of the Act (415 ILCS 5/1
et seq.
) and regulations;
z) Costs incurred after completion of early action activities in accordance with
Subpart B by owners or operators choosing, pursuant to Section subsection
732.300(b) of this Part, to conduct remediation sufficient to satisfy the
remediation objectives;
aa) Costs incurred after completion of site classification activities in accordance with
Subpart C by owners or operators choosing, pursuant to Section subsection
732.400(b) or (c) of this Part, to conduct remediation sufficient to satisfy the
remediation objectives;
bb) Costs of alternative technology that exceed the costs of conventional technology;
cc) Costs for investigative activities and related services or materials for developing a
High Priority corrective action plan that are unnecessary or inconsistent with
generally accepted engineering practices or unreasonable costs for justifiable
activities, materials or services;
dd) Costs to prepare site classification plans and associated budget plans under
Section 732.305 of this Part, to perform site classification under Section 732.307
of this Part, or to prepare site classification completion reports under Section
732.309 of this Part, for sites where owners or operators have elected to classify
under Section 732.312 of this Part;
ee) Costs to prepare site classification plans and associated budget plans under
Section 732.312 of this Part, to perform site classification under Section 732.312
of this Part, or to prepare site classification completion reports under Section
732.312 of this Part, for sites where owners or operators have performed
classification activities under Sections 732.305, 732.307, or 732.309 of this Part;
ff) Costs requested that are based on mathematical errors;
gg) Costs that lack supporting documentation;
76
hh) Costs proposed as part of a budget plan that are unreasonable;
ii) Costs incurred during early action that are unreasonable;
jj) Costs incurred at a site that has entered the Site Remediation Program under Title
XVII and 35 Ill. Adm. Code 740; and
kk) Costs incurred for additional remediation after receipt of a No Further
Remediation Letter for the occurrence for which the No Further Remediation
Letter was received, except costs incurred for MTBE remediation pursuant to
subsection 732.310(i)(2) of this Part ;.
ll)
Handling charges for subcontractors costs that have been billed directly to the
owner or operator;
mm) Handling charges for subcontractor’s costs when the contractor has not paid the
subcontractor;
nn)
Costs associated with standby and demurrage; and
oo) Costs associated with a corrective action plan incurred after the Agency notifies
the owner or operator, pursuant to Section 732.405(f), that a revised corrective
action plan is required; provided however, that costs associated with any
subsequently approved corrective action plan will be eligible for reimbursement if
they meet the requirements of this Part.
(Source: Amended at ___ Ill. Reg. ________, effective ________________________)
Section 732.607 Payment for Handling Charges
Handling charges are eligible for payment only if they are equal to or less than the amount
determined by the following table
(Section 57.8(g) of the Act):
SUBCONTRACT ELIGIBLE HANDLING CHARGES
OR FIELD
AS A PERCENTAGE OF COST:
PURCHASE COST:
$0 -$5,000
12%
$5,001 -$15,000
$600 PLUS 10% OF AMOUNT OVER $5,000
$15,001 -$50,000 $1,600 PLUS 8% OF AMOUNT OVER $15,000
$50,001 -$100,000 $4,400 PLUS 5% OF AMOUNTOVER $50,000
$100,001 - $1,000,000 $6,900 PLUS 2% OF AMOUNT OVER $100,000
(Section 57.8(g)
of the Act) [415 ILCS 5/57.8 (f)]
(Source: Amended at ___ Ill. Reg. ________, effective ________________________)
Section 732.609 Subrogation of Rights
Payment of any amount from the fund for corrective action or indemnification shall be subject to
the State acquiring by subrogation the rights of any owner, operator, or other person to recover
77
the costs of corrective action or indemnifictionindemnification for which the fund has
compensated such owner, operator, or person from the person responsible or liable for the
release.
(Section 57.8(h) of the Act) [415 ILCS 5/57.8(h)].
(Source: Amended at ___ Ill. Reg. ________, effective ________________________)
SUBPART G: NO FURTHER REMEDIATION LETTERS AND RECORDING
REQUIREMENTS
Section 732.701 Issuance of a No Further Remediation Letter
a) Upon approval by the Agency of a No Further Action site classification report, a
Low Priority groundwater monitoring completion report, or a High Priority
corrective action completion report, the Agency shall issue to the owner or
operator a No Further Remediation Letter. The No Further Remediation Letter
shall have the legal effect prescribed in Section 57.10 of the Act. The No Further
Remediation Letter shall be denied if the Agency rejects or requires modification
of the applicable report.
b) The Agency shall have 120 days fromafter the date of receipt of a complete report
to issue a No Further Remediation Letter and may include the No Further
Remediation Letter as part of the notification of approval of the applicable report
in accordance with Subpart E of this Part. If the Agency fails to send the No
Further Remediation Letter within 120 days, it shall be deemed denied by
operation of law.
c) The notice of denial of a No Further Remediation Letter by the Agency may be
included with the notification of rejection or modification of the applicable report.
The reasons for the denial shall be stated in the notification. The denial shall be
considered a final determination appealable to the Board within 35 days after the
Agency's final action in the manner provided for the review of permit decisions in
Section 40 of the Act. If any request for a No Further Remediation Letter is
denied by operation of law, in lieu of an immediate repeal to the Board the owner
or operator may either resubmit the request and applicable report to the Agency or
file a joint request for a 90 day extension in the manner provided for extensions of
permit decision in Section 40 of the Act.
d) The Agency shall mail the No Further Remediation Letter by registered or
certified mail, postmarked with a date stamp and with return receipt requested.
Final action shall be deemed to have taken place on the postmarked date that the
letter is mailed.
e)
The Agency at any time may correct errors in No Further Remediation Letters
that arise from oversight, omission or clerical mistake. Upon correction of the No
Further Remediation Letter, the Agency shall mail the corrected letter to the
owner or operator as set forth in subsection (c) of this Section. The corrected
78
letter shall be perfected by recording in accordance with the requirements of
Section 732.703.
(Source: Amended at ___ Ill. Reg. ________, effective ________________________)
Section 732.702 Contents of a No Further Remediation Letter
A No Further Remediation Letter issued pursuant to this Part shall include all of the following:
a) An acknowledgment that the requirements of the applicable report were satisfied;
b) A description of the location of the affected property by adequate legal
description or by reference to a plat showing its boundaries, or, for purposes of
subsection 732.703(d) of this Part, other means sufficient to identify site location
with particularity;
c) The remediation objectives determined in accordance with 35 Ill. Adm. Code 742
and any land use limitation, as applicable, required by 35 Ill. Adm. Code 742 as a
condition of the remediation objectives;
d) A statement that the Agency's issuance of the No Further Remediation Letter
signifies that:
1)
All corrective action requirements
under Title XVI and Part 732
applicable to the occurrence have been complied with;
2)
All corrective action concerning the remediation of
the occurrence has
been completed; and
3)
No further corrective action concerning the occurrence is necessary for
the protection of human health, safety and the environment.
(Section
57.10(c) of the Act) [415 ILCS 5/57.10(c)]
e) The prohibition under Section 732.703(e) (c)of this Part against the use of any site
in a manner inconsistent with any applicable land use limitation, without
additional appropriate remedial activities;
f) A description of any approved preventive, engineering, and institutional controls
identified in the plan or report and notification that failure to manage the controls
in full compliance with the terms of the plan or report may result in voidance of
the No Further Remediation Letter;
g) The recording obligations pursuant to Section 732.703 of this Part;
h) The opportunity to request a change in the recorded land use pursuant to Section
732.704(e)(c) of this Part;
79
i) Notification that further information regarding the site can be obtained from the
Agency through a request under the Freedom of Information Act [5 ILCS 140];
and
j) Any other provisions agreed to by the Agency and the owner or operator.
(Source: AddedAmended at 21____ Ill. Reg. 3617_____, effective July 1, 1997_______)
Section 732.703 Duty to Record a No Further Remediation Letter
a)
Except as provided in subsections (c) and (d) of this Section, Aan owner or
operator receiving a No Further Remediation Letter from the Agency pursuant to
this Subpart G shall submit the letter, with a copy of any applicable institutional
controls (as set forth in 35 Ill. Adm. Code 742, Subpart J) proposed as part of a
Corrective Action Completion Report, to the Office of the Recorder or the
Registrar of Titles of the county in which the site is located within 45 days after
receipt of the letter. The letter shall be filed in accordance with Illinois law so
that it forms a permanent part of the chain of title.
b)
Except as provided in subsections (c) and (d) of this Section, A a No Further
Remediation Letter shall not become effective be perfected upon the date of the
official recording of such letter until officially recorded in accordance with
subsection (a) of this Section. The owner or operator shall obtain and submit to
the Agency, within 30 days after the official recording date, a certified, or
otherwise accurate and official copy of the letter and any attachments as recorded.
An unperfected No Further Remediation Letter is effective only as between the
Agency and the owner or operator. The Agency may, pursuant to Section
732.704(a)(5) of this Part, void a No Further Remediation Letter for failure to
perfect in a timely manner in accordance with subsection (a) of this Section.
c)
For sites located in an Illinois Department of Transportation (IDOT) right-of-
way, the following requirements shall apply:
1)
In order for the No Further Remediation Letter to be perfected, IDOT
must enter into a Memorandum of Agreement (MOA) with the Agency.
The MOA must include, but is not limited to:
A) The name of the site, if any, and any IDOT or Agency identifiers
(e.g., incident number, Illinois inventory identification number);
B)
The address of the site (or other description sufficient to identify
the location of the site with certainty);
C) A copy of the No Further Remediation Letter for each site subject
to the MOA;
80
D)
Procedures for tracking sites subject to the MOA so that all IDOT
bureaus whose responsibilities (e.g., land acquisition, maintenance,
construction, utility permits) may affect land use limitations will
have notice of any environmental concerns and land use limitations
applicable to a site;
E)
Provisions addressing future conveyances (including title or any
lesser form of interest) or jurisdictional transfers of the site to any
other agency, private person or entity and the steps that will be
taken to ensure the long-term integrity of any land use limitations
including, but not limited to, the following:
i) Upon creation of a deed, the recording of the No Further
Remediation Letter and any other land use limitations
requiring recording under 35 Ill. Adm. Code 742, with
copies of the recorded instruments sent to the Agency
within 30 days after recording;
ii)
Any other arrangements necessary to ensure that property
that is conveyed or transferred remains subject to any land
use limitations approved and implemented as part of the
corrective action plan and the No Further Remediation
Letter; and
iii) Notice to the Agency at least 60 days prior to any such
intended conveyance or transfer indicating the
mechanism(s) to be used to ensure that any land use
limitations will be operated or maintained as required in the
corrective action plan and No Further Remediation Letter;
and
F)
Provisions for notifying the Agency if any actions taken by IDOT
or its permittees at the site result in the failure or inability to
restore the site to meet the requirements of the corrective action
plan and the No Further Remediation Letter.
2) Failure to comply with the requirements of this subsection 732.703(c) may
result in voidance of the No Further Remediation Letter pursuant to
Section 732.704 of this Part as well as any other penalties that may be
available.
d)
For sites located on Federally Owned Property for which the Federal Landholding
Entity does not have the authority under federal law to record institutional
controls on the chain of title, the following requirements shall apply:
1) To perfect a No Further Remediation Letter containing any restriction on
future land use(s), the Federal Landholding Entity or Entities responsible
for the site must enter into a Land Use Control Memorandum of
81
Agreement (“LUC MOA”) with the Agency that requires the Federal
Landholding Entity to do, at a minimum, the following:
A)
Identify the location on the Federally Owned Property of the site
subject to the No Further Remediation Letter. Such identification
shall be by means of common address, notations in any available
facility master land use plan, site specific GIS or GPS coordinates,
plat maps, or any other means that identifiesidentify the site in
question with particularity;
B)
Implement periodic site inspection procedures that ensure
oversight by the Federal Landholding Entities of any land use
limitations or restrictions imposed pursuant to the No Further
Remediation Letter;
C) Implement procedures for the Federal Landholding Entities to
periodically advise the Agency of continued compliance with all
maintenance and inspection requirements set forth in the LUC
MOA;
D)
Implement procedures for the Federal Landholding Entities to
notify the Agency of any planned or emergency changes in land
use that may adversely impact land use limitations or restrictions
imposed pursuant to the No Further Remediation Letter;
E) Notify the Agency at least 60 days in advance of a conveyance by
deed or fee simple title, by the Federal Landholding Entities, of the
site or sites subject to the No Further Remediation Letter, to any
entity that will not remain or become a Federal Landholding
Entity, and provide the Agency with information about how the
Federal Landholding Entities will ensure the No Further
Remediation Letter is recorded on the chain of title upon transfer
of the property; and
F)
Attach to the LUC MOA a copy of the No Further Remediation
Letter for each site subject to the LUC MOA.
2) To perfect a No Further Remediation letter containing no restriction(s) on
future land use, the Federal Landholding Entity shall submit the letter to
the Office of the Recorder or the Registrar of Titles of the county in which
the site is located within 45 days after receipt of the letter. The letter shall
be filed in accordance with Illinois law so it forms a permanent part of the
chain of title. The Federal Landholding Entity shall obtain and submit to
the Agency, within 30 days after recording, a copy of the letter
demonstrating that the recording requirements have been satisfied.
82
3)
Failure to comply with the requirements of this subsection and the LUC
MOA may result in voidance of the No Further Remediation Letter as well
as any other penalties that may be available.
ec) At no time shall any site for which a land use limitation has been imposed as a
result of corrective action under this Part be used in a manner inconsistent with
the land use limitation set forth in the No Further Remediation Letter.unless
further investigation or remedial action has been conducted that documents the
attainment of objectives appropriate for the new land use and a new letter is
obtained and recorded in accordance with this Part. The land use limitation
specified in the No Further Remediation Letter may be revised only by the
perfecting of a subsequent No Further Remediation Letter, issued pursuant to
Title XVII of the Act and regulations thereunder, following further investigation
or remediation that demonstrates the attainment of objectives appropriate for the
new land use.
(Source: Amended at ___ Ill. Reg. ________, effective ________________________)
Section 732.704 Voidance of a No Further Remediation Letter
a) The No Further Remediation Letter shall be voidable if site activities are not
carried out in full compliance with the provisions of this Part, and 35 Ill. Adm.
Code 742 where applicable, or the remediation objectives upon which the
issuance of the No Further Remediation Letter was based. Specific acts or
omissions that may result in voidance of the No Further Remediation Letter
include, but shall not be limited to:
1) Any violations of institutional controls or land use restrictions, if
applicable;
2) The failure of the owner or operator or any subsequent transferee to
operate and maintain preventive, engineering and institutional controls or
comply with a groundwater monitoring plan, if applicable;
3) Obtaining the No Further Remediation Letter by fraud or
misrepresentation;
4) Subsequent discovery of indicator contaminants related to the occurrence
upon which the No Further Remediation Letter was based which:
A) were not identified as part of the investigative or remedial
activities upon which the issuance of the No Further Remediation
Letter was based;
B) results in the following:
i) the site no longer satisfying the criteria of a No Further
Action site classification.
83
ii) the site no longer satisfying the criteria of a Low Priority
site classification.
iii) failing to meet the remedial objectives established for a
High Priority site; and
C) pose a threat to human health or the environment;
5)
Failure to record the No Further Remediation Letter in accordance with
Section 732.703 Upon lapse of the 45 day period for perfection of the No
Further Remediation Letter for recording, the failure to perfect the No
Further Remediation Letter; or
5)6) Disturbance or removal of contamination left in place under an approved
plan;
7) The failure to comply with the requirements of Section 732.703(c) and the
Memorandum of Agreement entered in accordance with Section
732.703(c) for a site located in an IDOT right-of-way;
8)
The failure to comply with the requirements of Section 732.703(d) and the
LUC MOA entered in accordance with Section 732.703(d) for a site
located on Federally Owned Property for which the Federal Landholding
Entity does not have the authority under federal law to record institutional
controls on the chain of title;
9) The failure to comply with the requirements of Section 732.703(d) of this
Part or the failure to record a No Further Remediation Letter perfected in
accordance with Section 732.703(d) within 45 days following the transfer
of the Federally Owned Property subject to the No Further Remediation
Letter to any entity that will not remain or become a Federal Landholding
Entity; or
10)
The failure to comply with the notice or confirmation requirements of 35
Ill. Adm. Code 742.1015(b)(5) and 35 Ill. Adm. Code 742.1015(c).
b) If the Agency seeks to void a No Further Remediation Letter, it shall provide
notice to the current title holder of the site and the owner or operator at his or her
last known address.
1) The notice shall specify the cause for the voidance and describe the facts
in support of the cause.
2) The Agency shall mail Notices of Voidance by registered or certified mail,
date stamped with return receipt requested.
c) Within 35 days after receipt of the Notice of Voidance, the current title holder and
owner or operator of the site at the time the No Further Remediation Letter was
84
issued may appeal the Agency's decision to the Board in the manner provided for
the review of permits permit decisions in Section 40 of the Act.
d) If the Board fails to take final action within 120 days, unless such time period is
waived by the petitioner, the petition shall be deemed denied and the petitioner
shall be entitled to an appellate court order pursuant to subsection (d) of Section
41 of the Act. The Agency shall have the burden of proof in such action.
1) If the Agency's action is appealed, the action shall not become effective
until the appeal process has been exhausted and a final decision is reached
by the Board or courts.
A) Upon receiving a notice of appeal, the Agency shall file a Notice
of Lis Pendenslis pendens with the Office of the Recorder or the
Registrar of Titles for the county in which the site is located. The
notice shall be filed in accordance with Illinois law so that it
becomes a part of the chain of title for the site.
B) If the Agency's action is not upheld on appeal, the Notice of Lis
Pendenslis pendens shall be removed in accordance with Illinois
law within 45 days after receipt of the final decision of the Board
or the courts.
2) If the Agency's action is not appealed or is upheld on appeal, the Agency
shall submit the Notice of Voidance to the Office of the Recorder or the
Registrar of Titles for the county in which the site is located. The Notice
shall be filed in accordance with Illinois law so that it forms a permanent
part of the chain of title for the site.
(Source: Amended at ___ Ill. Reg. ________, effective ________________________)
Section 732.APPENDIX A Indicator Contaminants
TANK CONTENTS
INDICATOR CONTAMINANTS
GASOLINE
leaded(1), unleaded, premium and gasohol
Benzenebenzene
Ethylbenzeneethylbenzene
Toluenetoluene
Xylenexylene
Methyl tertiary butyl ether (MTBE)
MIDDLE DISTILLATE AND HEAVY ENDS
aviation turbine fuels(1)
jet fuels
Benzenebenzene
Ethylbenzeneethylbenzene
Toluenetoluene
Xylenexylene
diesel fuels
Acenaphthene acenaphthene
85
gas turbine fuel oils
Anthracene anthracene
heating fuel oils
Benzo(a)anthracene benzo(a)anthracene
illuminating oils
Benzo(a)pyrene benzo(a)pyrene
Kerosenekerosene Benzo(b)fluoranthene benzo(b)fluoranthene
Lubricantslubricants Benzo(k)fluoranthene benzo(k)fluoranthene
liquid asphalt and dust laying oils
Chrysene chrysene
cable oils
Dibenxo(a,h)anthrancene dibenxo(a,h)anthracene
crude oil, crude oil fractions
Fluoranthene fluoranthene
petroleum feedstocks
Fluorene fluorene
petroleum fractions
Indeno(1,2,3-c,d)pyrene indeno(1,2,3-c,d)pyrene
heavy oils
Napthalene napthalene
transformer oils(2)
Pyrene pyrene
hydraulic fluids(3)
Other other non-carcinogeniccarc.PNAs(total)(6)
petroleum spirits(4)
mineral spirits(4), Stoddard solvents(4)
high-flash aromatic naphthas(4)
VM&P naphthas(4)
moderately volatile hydrocarbon solvents(4)
petroleum extender oils(4)
USED OIL
Screening sample(5)
(1) lead is also an indicator contaminant
(2) the polychlorinated biphenyl parameters listed in Appendix B are also indicator
contaminants
(3) barium is also an indicator contaminant
(4) the volatile, base/neutral and polynuclear aromatic parameters listed in Appendix B are
also indicator contaminants
(5) used oil indicator contaminants shall be based on the results of a used oil soil sample
analysis -refer to subsection 732.310(g)
(6) acenaphthylene, benzo(g,h,i)perylene and phenanthrene
(Source: Amended at ___ Ill. Reg. ________, effective ________________________)
Section 732.Appendix B Additional Parameters
Volatiles
1. Benzene
2. Bromoform
3. Carbon tetrachloride
4. Chlorobenzene
5. Chloroform
6. Dichlorobromomethane
7. 1,2-Dichloroethane
8. 1,1-Dichloroethene
9. cis-1,2-Dichloroethylene
86
10. trans-1,2-Dichloroethylene
11.
Dichloromethane (Methylene chloride)
12. 1,2-Dichloropropane
13.
1,3-Dichloropropylene (cis + trans)
14. Ethylbenzene
15. Styrene
16. Tetrachloroethylene
17. Toluene
18. 1,1,1-Trichloroethane
19. 1,1,2-Trichloroethane
20. Trichloroethylene
21. Vinyl chloride
22. Xylenes (total)
Base/Neutrals
1. Bis(2-chloroethyl)ether
2. Bis(2-ethylhexyl)phthalate
3. 1,2-Dichlorobenzene
4. 1,4-Dichlorobenzene
5. Hexachlorobenzene
6. Hexachlorocyclopentadiene
7.
n
-Nitrosodi-
n
-propylamine
8.
n
-Nitrosodiphenylamine
9. 1,2,4-Trichlorobenzene
Polynuclear Aromatics
1. Acenaphthene
2. Anthracene
3. Benzo(a)anthracene
4. Benzo(a)pyrene
5. Benzo(b)fluoranthene
6. Benzo(k)fluoranthene
7. Chrysene
8. Dibenzo(a,h)anthracene
9. Fluoranthene
10. Fluorene
11. Indeno(1,2,3-c,d)pyrene
12. Naphthalene
13. Pyrenep
Pyrene
Other Non-Carcinogenic PNAs (total)
14. Acenaphthylene
15. Benzo(g,h,i)perylene
16. Phenanthrene
Metals (total inorganic and organic forms)
1. Arsenic
87
2. Barium
3. Cadmium
4. Chromium (total)
5. Lead
6. Mercury
7. Selenium
Acids
1. Pentachlorophenol
2. Phenol (total)
3. 2,4,6-Trichlorophenol
Pesticides
1. Aldrin
2. alpha-BHC
3. Chlordane
4. 4,4'-DDD
5. 4,4'-DDE
6. 4,4-DDT
7. Dieldrin
8. Endrin
9. Heptachlor
10. Heptachlor epoxide
11. Lindane (gamma-BHC)
12. Toxaphene
Polychlorinated Biphenyls
1. Polychlorinated Biphenyls
(as Decachlorobiphenyl)
(Source: Amended at ___ Ill. Reg. ________, effective ________________________)
Section 732.Appendix C Backfill Volumes and Weights
Volume of Tank in Gallons
Maximum amount of backfill
material to be removed in:
cubic yards in place tons
Maximum amount of backfill
material to be replaced in:
cubic yardsin place tons
88
<285
285 to 299
300 to 559
560 to 999
1000 to 1049
1050 to 1149
1150 to 1999
2000 to 2499
2500 to 2999
3000 to 3999
4000 to 4999
5000 to 5999
6000 to 7499
7500 to 8299
8300 to 9999
10,000 to 11,999
12,000 to 14,999
>15,000 to 19999
54
55
56
67
81
89
94
112
128
143
175
189
198
206
219
252
286
345
91
92
94
113
136
150
158
188
215
240
294
318
333
346
368
423
480
580
56
57
58
70
87
96
101
124
143
161
198
219
235
250
268
312
357
420
94
96
97
118
146
161
170
208
240
270
333
368
395
420
450
524
600
706
Site specific information may be used to determine the weight of backfill material if site
conditions such as backfill material, soil moisture content, and soil conditions differ significantly
from the default values.
BOARD NOTE:; The weight of backfill material is calculated by using the default bulk density
values listed in the TACO regulations at 35 Ill. Adm. Code 742, Appendix C, Table B. The
weight of backfill material to be removed is based on a dry bulk density value of 1.8 g/cm
3
for
sand and a moisture content of 10 percent which equals 1.98 g/cm
3
. The Board has rounded the
removed backfill density to 2.0 g/cm
3
. The weight of backfill material to be replaced is based on
a dry bulk density value of 2.0 g/cm
3
for gravel.
(Source: AddedAmended at ___ Ill. Reg. ________, effective ________________________)
IT IS SO ORDERED.
89
I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the Board
adopted the above opinion and order on February 21, 2002, by a vote of 7-0.
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board
