D

RECEIVED

Cl

FR!{’~~FF1C~

MAR

~ 02001

STATE OF ILLINOIS

BEFORE

THE ILLINOIS POLLUTION CONTROL

BOARIPolIution

Control Board

TN

THE MATTER OF:

SITE REMEDIATION PROGRAM:

AMENDMENTS TO

35

ILL. ADM. CODE

740

)

)

)

)

RO1-27

(Rulemaking

—

Land)

)

)

IN THE MATTER OF:

SITE REMEDIATION PROGRAM:

PROPOSED

35

ILL. ADM. CODE

740.SUBPART H (SCHOOLS, PUBLIC

PARKS, ANT) PLAYGROUNDS)

)

)

)

)

)

)

ROl-29

(Rulemaking

—

Land)

(Consolidated)

NOTICE

OF FILING

To:

Dorothy Gunn, Clerk

Illinois Pollution Control Board

James R. Thompson Center

100 West Randolph, Suite 11-500

Chicago, IL 60601

(Original and Nine Copies)

(VIA FEDERAL EXPRESS)

Robert T. Lawley, Chief Legal Counsel

Department ofEnergy and

Natural Resources

524 South Second Street, Suite 400

Springfield, IL 62701-1787

Matthew J. Dunn, Chief

Environmental Bureau

Office of the Attorney General

James R. Thompson Center

100 West Randolph,

12th Floor

Chicago, IL 60601

Thomas V. Skinner, Director

Illinois Environmental Protection Agency

1021 Grand Avenue, East

P.O. Box

19276

Springfield, IL 62794-9276

All Other Persons on the Attached Service List

THIS

FILING

IS SUBMIlTED

ON

RECYCLED

PAPER

---

PLEASE TAKE NOTICE that today I have filedwith the Office ofthe Clerk ofthe

Pollution Control Board the attached Supplement to the Pre-Filed Testimony ofGeorgia Vlahos,

a copy ofwhich is hereby served upon you. This Supplement

is comprised of a document

captioned “Suggested Revisions Submitted by the DepartmentofDefense” which will beExhibit

2

to that Pre-Filed Testimony and which recommends amendments

to the rulemaking proposal

filed by the Illinois Environmental Protection Agency on January 12,

2001.

UNITED STATES OF AMERICA,

DEPARTMENT OF THE NAVY

By:

GEO IA VLAHOS

DATED:

March 30, 2001

Georgia Vlahos

Naval Training Center

2601A Paul Jones Street

Great Lakes, Illinois 60088-2845

Telephone:

(847) 688-4422

Facsimile:

(847) 688-6917

E-mail:

georgia.vlahos@cnet.navy.mil

THIS

FILING IS

SUBMIlTED

ON

RECYCLED

PAPER

---

‘Mar—CT-Cl

04:35w

Prw,—ILLINIOS

LUTION

CONTROL

WARD

+3129143661

T—310 P.004

F—501

Service List

Rol-27

March 7, 2001

Eria Curley

Midwest Engineering Services, Inc.

4243

W.

166th Sweet

oa

Forest,

IL 60452

William

G

Dickea

Sidley

& Austin

10 South Dearborn

SuIte 5200

Chicago, IL 60603

Steven Gobehnan

IDOT

B4&E

2300 South Dirlcsen Parkway

Springfield, 1162764

Dorothy Id. 0mm

Cleric

Illinois

Pollution

Control Board

100

W.

Randolph

Suite

11-500

Chicago, IL 60601

Katherine D. Hodge

Rodge &Thvyer

P.O. Box 5776

Springfield, IL 627Q5-5776

Robert

Lawicy

Depannenr

of NamralResources

524 SouthSecond Street

Springfield, XL 627014787

Matthew I. Dunn

Envkoranental Threat

Office of the Attorney General

100

W.

Randolph

12th Floor

Chicago, IL 60601

Daniel Goodwin, RE.

Goodwin Environmental Consultants

400 ]3runs Lane

Springfield,

IL 62702

Holly

1).

Harley,

Esq

Chicago Legal Clinic

205

W. Monroe

Street

4th Floor

Chicago, IL 60606

Stephen Kirsehuer

Advanced

GeoServices

Ccnp.

Rt.202&i

Brandywine One

Suite 202

Chadda Ford,

PA

19317

Brent Manning

Director

Department of Natural Resources

5243.

Second

Street

4th

floor

Springfield, IL 62701

Karen

L.

Benuneit

iflO

215 East Adams Street

Springfield,

U.. 62701

---

Mar—CT—B?

O4:36~

Pram—ILLINIOS

LUTION CONTROL BOARD

+3121143660

T—310

P.005

P—SOS

2

Monte Nienierk

Clayton Group Services

Downers

Grove, 11. 60515

Milce Rapps

Rapps Engineering

& Applied Science

821

S. DuricinDrive

Springfield, IL 62704

David

Reiser

Ross & Hardics

150

N. Michigan

Chicago, IL 60601

Thomas

V.

Skinner

Director

JEPA

1021

North Gram! Avenue East

Springfield. IL62794-9278

Georgia Vinhos

U.S. Navy

2601A Paul

Jones Street

Great Lakes,

L 60088-2845

Stetba

A. Noc

Citizens for a Better Environment

205

W. Monroe Street

4th

Ploor

Chicago, II.

60606

John Reimaun

600 N. Buffalo Grove Ri

Buffalo Grove, IL 60089

Jim Ryan

Office ofthe Attorney General

100 W. Randolph

Chicago, IL 60601

Mark Wight

JEPA

1021 North

Grand Avenue

East

P.O.

Box 19276

Springfield, IL 62794-9278

Bolt

Beauchamp

Hearing

Officer

flunk Pollution Corral Board

100 W. Randolph

Suite 11-500

Chicago,

IL

60601

---

Mar—OT-Ol

04:35w

From—ILLINI&

tUTION

CONTROL

WARD

+3120

143669

T—3t0 P.002

F—lOS

Service List

R01-29

March7, 2001

Karen Bernotict

JEW)

215 E. Adams Street

Springfield, IL 62701

Erin Curley

Midwest Engineering Services, Inc.

4243 W.

Oak Forest, IL 60452

Matthew 3.

Dunn

Environmental

Bureau

Office ofthe Attorney General

100 W.

12th Floor

Chicago, IL 60601

Daniel Goodwin, RE.

GoodwinEnvironmental Consultants

Holly

I). Harley, Esq

Chicago Legal Clinic

205 W.

Monroe Street

Chicago,

Stephen Kirschner

Advanced CeoServices Corp.

RL202&1

One

Suite 202

Lynn Crivello

125 S. Clark Street

17thFloor

Chicago, IL 60603

William G.

Dlckett

Sidley & Austin

10 South Dearborn

Suite 5200

Chicago, IL 60603

StevenGobelman

IDOT

Bd&B

2300 South Dlrksen Parkway

Springfield, 11. 62764

Dorothy M. Gun

Clerk

Illinois Polludon Control Board

100 W.

Randolph

Suite 11-500

Katherine D. Hodge

Hodge & Dwyer

P.0

Box 5776

Springfield, IL 62705-5776

Robertlawley

Department ofNatural Resources

Springfield, IL 62701-1787

---

M~r—0T-01

04:3U~

Frou—ILLIN~O~

LUTIOII

CONTROL

BOARD

43129143660

T—310

P.003

F—509

Bobb Beauchamp

hearing Officer

Illinois Pollution Control Board

100 W.

Randolph

Suite 11-500

Chicago, IL

60601

Monte Nienkerk

Clayton Group Services

3140 Finley Road

Downers Grove, IL 60515

Mike Rapps

Rapps Engineering & Applied Science

821

S. Durkin Drive

Springfield,

IL 62704

Jim Ryan

Office ofthe Attorney General

100 W.

Randolph

Chicago, IL 60601

Brent Manning

Director

Department of Natural ResourceB

524 S. Second Street

4th Floor

Springfield, IL 62701

Stefan A. Noe

Citizens

for

a BetterEnvironment

205 W. Monroe Street

4th Floor

Chicago, IL 60606

John Reimann

INDECK

600 N. Buffalo Grove Rd.

Buffalo Grove.

IL 60089

Thomas V. Skinner

Director

IEPA

1021 North Grand Avenue East

P.O.

Springfield, IL62794-9278

MarkWight

IEPA

1021 North Grand Avenue East

P.O. J3ox 19276

Springfield. IL 62794-9278

2

---

BEFORE THE ILLINOIS

POLLUTION CONTROL BOARD

IN THE MATTER OF:

)

)

SITE REMEDIATION PROGRAM:

)

AMENDMENTS TO

35

ILL. ADM. CODE

)

740

)

RO 1-27

(Rulemaking

—

Land)

RECEIVED

CLERK’S

OFFICE

MAR

302001

STATE OF ILLINOIS

Pollution

Control Board

IN THE MATTER OF:

SITE REMEDIATION PROGRAM:

PROPOSED

35

ILL. ADM. CODE

740.SUBPART H (SCHOOLS, PUBLIC

PARKS, AND PLAYGROUNDS)

)

)

)

)

)

)

RO 1-29

(Rulemaking

—

Land)

(Consolidated)

Please add the document

attached as Exhibit 2 hereto and titled “Suggested

Revisions Submitted by the Department ofDefense” to the Pre-Filed Testimony of

GeorgiaVlahos filed with the Board on March 21, 2001.

These revisions have been

coordinated with and meet the approval of the Illinois Environmental Protection Agency.

Respectfully submitted,

UNITED STATES

OF AMERICA,

DEPARTMENT OF THE NAVY,

By:

EORGI

GeorgiaViahos

Counsel

Naval Training Center

2601A Paul Jones Street

Great Lakes, Illinois

60088-2845

Telephone:

(847) 688-4422

Facsimile:

(847) 688-6917

E-mail:

2eor2ia.v1ahos(~cnet.navv.mil

---

EXHIBIT

SUGGESTED REVISIONS

SUBMITTED BY THE UNITED STATES DEPARTMENT OF DEFENSE

The U.S. Department ofDefense (“DoD”),through its attorneys, suggests that the

Illinois Pollution Control Board (the “Board”) make the following changesto the text of a

rulemaking proposal filed with this Board by the Illinois Environmental Protection

Agency (the “Agency”)on January 12, 2001

and accepted by the Board through its Order

dated January

18, 2001:

Section

Index

SUBPART F:

NO FURTHERREMEDIATION LETTERS AM)

RECORDING REQUIREMENTS

Section

740.600

740.605

740.610

740.615

740.620

740.621

740.622

740.625

General

Issuance ofNo Further Remediation Letter

Contents ofNo Further Remediation Letter

Payment ofFees

Duty to Record No Further Remediation Letter

Requirements forNo Further Remediation Letters Issued to

Illinois Department ofTransportation Remediation Sites

Located in Rights-of-Way

Requirements for No Further Remediation Letters Issued to

Federal Landholding Entities Without Authority to Record

Institutional Controls

Voidance ofNo Further Remediation Letter

Definitions

“Federal Landholding Entity” means thatfederal department. aaency or

instrumentality with the authority to occupy and control the day-to-day

use, operation and manaaement ofFederally Owned Property

“FederallyOwned Property” means realproperty owned in fee by the

United States on which an institutional control is or institutional controls

are sought to be placed in accordance with this Part

“GIS”means Geoaraphic Information System

“GPS” means Global Positioning System

740.120

2

---

“Institutional Control” means a leaal mechanism for imposina a restriction

on land use

“Land Use Control Memorandum ofAgreement” or “LUC MOA” means

an agreement entered into between one or more agencies ofthe United

States and the Illinois Environmental Protection Agency that limits or

places requirements upon the use ofFederally Owned Property for the

purpose ofprotecting human health or the environment, or that is used to

perfect a No Further Remediation Letter that contains land use

restrictions

“Perfect” or “Perfected” meansrecorded or filed for record so as to

place

the public on notice, or as otherwise provided in Sections 740.62 1

and

740.622 ofthis Part

Remedial Action Plan

Ifthe approved remediation objectives for any regulated substance of

concern established under Sections 740.440 and 740.445 ofthis Part are

less than the levels at the remediation siteprior to any remedial action, the

RA shall prepare a Remedial Action Plan.

The plan shall describe the

proposed remedy and evaluate its

ability and effectiveness to achieve the

remediation objectives approved forthe remediation site (Section

58.6(d)

ofthe Act), including but not limited to:

a)

Executive summary.

This chapter shall identify the objectives of

the Remedial Action Plan and the technical approach utilized to

meet such objectives.

At a minimum, this chapter shall include the

following elements:

1)

The majorcomponents (e.g., treatment, containment,

removal actions) ofthe Remedial Action Plan;

2) The scope ofthe problems to

be addressed by the proposed

remedial action(s) including the specific contaminants of

concern and the physical area to be addressed by the

Remedial Action Plan; and

3)

Schedule ofactivities with estimated dates ofcompletion

through the recording of the No Further Remediation Letter

or execution ofan IIDOT MOA under Section 740.62 1 of

this Part or a LUC MOA under Section 740.622 ofthis

Part~

740.450

3

---

740.610

Contents ofNo Further Remediation Letter

a)

Except as provided in subsection (b) below, a No Further

Remediation letter issued pursuant to

Section 58.10 ofthe Act

shall be limited to

and include all ofthe following:

1)

An acknowledgment that the requirements ofthe Remedial

Action Plan and the Remedial Action Completion Report

were satisfied;

2) A description ofthe remediation site by adequate legal

description or by reference to a plat showing the

boundaries, orby other means sufficient to

identify site

location with particularity

740.620

Duty to RecordNo Further Remediation Letter

a)

Except as provided in Sections 740.62 1

and 740.622

ofthis Part,

the RA receiving a No Further Remediation Letter from the

Agency pursuant to

Title XVII ofthe Act and this Subpart F shall

submit the letter, and, where the RA is not the sole owner ofthe

remediation site, an owner certification in accordance with

subsection (d) below, to the Office ofthe Recorder or the Registrar

ofTitles ofthe county in which the remediation site is located

within 45 days after receipt ofthe letter.

(Section

5

8.8(a) ofthe

Act)..

b)

Except as provided in Sections 740.62 1

and 740.622 of this Part, a

No Further Remediation Letter or the affidavit filed under

subsection (a)(2) above shall be perfected upon the date of the

officialrecording ofthe letter or affidavit.

An unperfected No

Further Remediation Letter is effective only as between the

Agency and the Remediation Applicant.

The Agency may,

pursuant to

Section 740.625 ofthis Part, void a No Further

Remediation Letter for failure to perfect in a timely manner in

accordance with subsection (a) ofthis Section. The RA shall obtain

and submit to the Agency, within 30 days after recording, a copy

ofthe letter or affidavit and the owner certification under

subsection (d) below, where applicable, demonstrating that the

recording requirements have been satisfied.

4

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740.622

Requirements for Perfection ofNo Further Remediation Letters

Issued to Federal Landholding Entities Without Authority to

Record Institutional Controls

a)

For sites on Federally Owned Property subject to this Part

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

Landholding Entity or Entities responsible for

the

site must enter into a Land Use Control

Memorandum ofAgreement (“LUC MOA”) with

the Auency that requires the Federal Landholding

Entity to

do. at a minimum, the following

A).

Identify the location on the Federally

Owned Property ofthe site subject to the No

Further Remediation Letter.

Such

identification shall be by means ofcommon

address, notations in any available facility

master land use plan. site specific GIS or

GPS coordinates. plat maps. or any other

means that identifies the site in question

with particularity

B).

Implement periodic site inspection

procedures that ensure oversiaht by the

Federal Landholding Entities of any land use

limitations or restrictions imposed pursuant

to the No Further Remediation Letter

C).

Implementprocedures for the

Federal Landholding Entities to periodically

advise the Agency ofcontinued compliance

with all maintenance and inspection

requirements set forth in the LUC MOA

D).

Implement procedures for the

Federal Landholding Entities to

notifythe

Agency ofany planned or emergency

changes in land use that may adversely

impact land use limitations or restrictions

imposedpursuant to the No Further

Remediation Letter

5

---

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 oftitle upon transfer ofthe

property with confirmation ofrecording

provided to the Agency: 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 restrictions on future land use(s). the

Federal Landholding Entity shall submit the letterto

the Office ofthe Recorder or the Registrar ofTitles

ofthe 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 ofthe chain oftitle. 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

b)

Failure to

comply with the requirements ofthis 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.

740.625

Voidance ofNo Further Remediation Letter

a)

The No Further Remediation Letter shall be voidable if the

remediation site activities are not managed in full

compliance with the provisions of Title XVII ofthe Act,

this Part, orthe approved Remedial Action Plan or

remediation objectives upon which the issuance ofthe No

Further Remediation Letter was based.

Specific acts or

omissions that may result in voidance ofthe No Further

Remediation Letter include, but shall not be limited to:

6

---

10)

The failure to

comnlv with the requirements of

Section 740.622 of this Part or the failure to record

a No Further Remediation Letter perfected in

accordance with Section 740.622 within 45 days

following the transfer ofthe Federally Owned

Property subject to the No Further Remediation

Letter to any entity that will not remain or become a

Federal Landholding Entity: or

4-O~ll)

The failure to comply with the notice or

confirmation requirements of35 Ill. Adm. Code

742.l010(b)(3), 742.1015(b)(5) or 742.1015(c).

7

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CERTIFICATE OF

SERVICE

The undersigned hereby certifies that a copy ofthe foregoing Supplement to the Pre-Filed

Testimony ofGeorgia Vlahos has been served upon the Clerk by Federal Express and upon each

other person on the attached Service List by First Class U.S. Mail, postage prepaid, this 30th day

ofMarch 2001.

eorgi

THIS FILING IS SUBMIlTED ON RECYCLED PAPER