RECEIVED
CLERK’S OFFICE
BEFORE THE
APR
2
2001
ILLINOIS POLLUTION CONTROL BOARD
STATE OF ILLINOIS
Pollution Control Board
IN
THE MATTER OF:
)
)
RO1-29
REVISION OF THE WASTE
)
(Rulemaking)
DISPOSAL RULES:
ADOPTION
)
OF 35 ILL. ADMIN. CODE 740.800
)
NOTICE OF FILING
TO:
Persons on the Attached Service List
PLEASE TAKE NOTICE that today, on behalfof the Petitioner, CITIZENS FOR
A BETTER ENVIRONMENT (“CBE”), I have filed with the Clerkofthe Illinois
Pollution Control Board an amended proposal to adopt
35
Ill. Admin.
Code 740.800,
copies ofwhich are served on you.
CITIZENS FOR A BETTER ENVIRONMENT
By:
()4O
Attorneys
Keith I. Harley, Esq.
Holly,D. Gordon, Esq.
Chicago Legal Clinic
205
W. Monroe St.,
4th Floor
Chicago, IL 60606
(312) 726-2938
Stefan A. Noe
OfCounsel,
Citizens for a Better Environment
205
W.
Monroe Street, 4th Floor
Chicago, Illinois 60606
(312) 346-8825
This Filing is Submitted on Recycled Paper
SERVICE LIST
Thomas Skinner, Director
Illinois
Environmental Protection Agency
1021 N. Grand Ave. East
P.O. Box
1976
Springfield, IL
62794-1976
Mark Wight
Illinois Environmental Protection Agency
1021 N. Grand Ave. East
P.O. Box
1976
Springfield, IL 62794-1976
Brent Manning, Director
Department ofNatural Resources
nd
th
524 5.
2
St., 4
Fl.
Springfield, IL 62701
Jim Ryan
Office ofthe Attorney General
100 W. Randolph
Chicago, IL 60601
Eileen J.
Cary
Executive Director
Public Building Commission
Room 200
Richard J. Daley Center
Chicago, IL
60602
Paul Vallas
ChiefExecutive Officer
Chicago Board ofEducation
125 5. Clark Street
Chicago, IL 60603
Lynn Crivello
Chicago Board ofEducation
125 5. Clark St.
17th Floor
Chicago, IL 60603
This Filing is Submitted on Recycled Paper
CERTIFICATE OF SERVICE
The undersigned certifies that copies of an amended proposal to adopt 35
Ill.
Admin. Code 740.800 were served upon the parties listed on the attached Service List by
depositing said documents in the U.S.
Mail in Chicago, Illinois
on or before 5:00 p.m.
on
the
2nd day ofApril, 2001.
This Filing is
Submitted on Recycled Paper
RECEIVED
CLERK’Samer
APR
2
2001
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD STATE Q~ IWNOI
Pollution
Control Board
IN THE MATTER OF:
)
)
RO1-29
REVISION OF THE WASTE
)
(Rulemaking)
DISPOSAL
RULES: ADOPTION
)
OF 35 ILL. ADMIN. CODE 740.800
)
AMENDED
PETITION OF CITIZENS FOR A BETTER ENVIRONMENT
TO ADOPT 35 ILL. ADMIN. CODE 740.800
CITIZENS FOR A BETTER ENVIRONMENT, by and through its attorney, the
Chicago Legal Clinic, hereby petitions the Illinois Pollution Control Board to adopt the
following regulations as a supplement to the Illinois Site Remediation Program:
TITLE 35:
ENVIRONMENTAL
PROTECTION
SUBTITLE
G:
WASTE DISPOSAL
CHAPTER I:
POLLUTION CONTROL BOARD
SUBCHAPTER F:
RISK BASED
CLEANUP OBJECTIVES
PART 740:
SITE REMEDIATION PROGRAM
SUBPART H: REQUIREMENTS RELATED TO SCHOOLS,
PUBLIC
PARKS
~ID
r’ ~JC’DOIrITD~
740.800
General
a)
The purpose ofSubpart H is to
ensure that children and the general public are not
exposed to
harmful pollutants at a remediation site intended for future use as a
school, public park or play~onnd that has been enrolled in the Site Remediation
Program, thereby protecting human health and the environment.
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For the purposes of this Subpart, the term “school” means aschool as defined in
Section 34-1.1 of the School Code
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Prior to Public Use
a)
A RA that has enrolled a remediation site into the Site Remediation Program that
is
intended for future use as a school, public park or playground shall not make
that site or any buildings or structures contained within the boundarv lines ofthe
site available
for use by the general public without first completing its Remedial
Action Plan and receiving a NFR Letter from the Agency.
This section shall not
be construed to exempt a RA from any additional reQuirements set forth in
Section 58.15 ofthe Environmental Protection Act.
740.810
Engineered Barriers and Institutional Controls
Every five years
following the date in which the Agency issued a NFR Letter, the
RA or any other subsequent transferee ofthe remediation site shall provide
written certification,
in compliance with the requirements set out by the Agency in
the NFR letter,
to the Agency that land use limitations have been maintained and
that there has been no
disturbance orremoval ofcontamination that has been left
in place in accordance with the Remedial Action Plan and NFR Letter
1)
Ifthe Agency does not receive a certification letter on
a timely basis
the Agency shall provide written notice to the RA or any other subsequent
transferee of such failure and allow 30 additional days for certification to
be provided
a)
Ifthe site is no lon,ger used as a school,
or if the site is transferred
to a third party, the recipient ofthe originalNFR letter is required
to notify the Agency ofsuch changes
2) In the case that certification is not received within the
30 day period, the
Agency may void the NFR Letter consistent with Section 740.625
Public Notice of Site
Remedial Action Plan
a)
The RA shall provide notice to interested persons 30 days subsequent to
submission ofa Site RemedialAction Plan for a remediation site intended for
future use as a school, public park, orplayground.
Ifthe Site RemedialAction
Plan is amended,
the Agency will determine, based on the nature ofthe
amendments, whether the RA needs to provide additional notice.
h-deteiii~in~
~
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conditions
and related contamin~ts ofconcern, and the interests ofthose who
740.805
740.815
2
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be aff~eted
7
The RA
shall consult with the Agency to obtain names and
addresses of likely interested persons, public
officials and organizations to be
notified.
In addition, notice shall be published in at least one newspaper of
general circulation in the county where the remediation site is located.
Both
methods ofnotice shall include at least the following information:
1)
Name and address ofthe RA~
2) Site history:
3) Location and site boundary lines of the remediation site~
3) A
A
pri-~t~rrn
of the intended use of the site
4) A brief description ofsurrounding land uses~
5)
The nature ofthe recognized environmental conditions and related
contaminants ofconcern~ and
6) A statement of the nature ofthe NIFR Letter requested.
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740.820
Communit
V
Relations Plan
a)
The RA. their environmental contractor, or community relations contractor may
develop
and implementa
Community Relations Plan consistent with Section
58.7(h) of theEnvironmental Protection Act and the guidance adoptedby the
A.~ency pursuant to that section
b)
Ifthe RA, their environmental contractor, or community relations contractor is
not willing to develop and implement a CRP, the Agency shall develop and
implement a CRP in response to
a request to do so by an interested person(s)
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.
CITIZENS
FOR A BETTER ENVII{ONMENT
By:
V
ts Attorneys)
Keith I. Harley, Esq.
Holly D. Gordon, Esq.
Chicago Legal
Clinic
205 W. Monroe St.,
4th Floor
Chicago, Illinois 60606
(312) 726-2938
Stefan A. Noe
OfCounsel, Citizens for a Better Environment
205 W. Monroe Street, 4th Floor
Chicago, Illinois 60606
(312) 346-8825
4
