RECEIVED

CLERK’S OFFICE

MAY

~i2OO1

BEFORE

THE

IL

BOARD

S1ATE OF ILLINOIS

IN THE MATTER OF:

Pollution

Control

Board

REVISION OF THE WASTE

)

(Rulemaking)

DISPOSAL RULES: ADOPTION

)

OF 35 ILL. ADMIN. CODE 740.800

)

NOTICE OF FLING

TO:

Persons on the Attached Service List

PLEASE TARE NOTICE that today, on behalfofthe Petitioner, CITIZENS FOR

A BETTER ENVIRONMENT (“CBE”), I havefiled with the Clerk ofthe Illinois

Pollution Control Board an amended proposal to adopt 35

Ill. Admin.

Code 740.800,

copies of which are served on you.

CITIZENS FOR A BETTER ENVIRONMENT

By:

ne ofits 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

)

)

RO1-29

This Filing is Submitted on Recycled Paper

---

RECEIVED

CLERK’S OFFICE

BEFORE THE ILLINOIS POLLUTION CONTROL BOARDMAY

o

1

2001

REVISION OF THE

WASTE

DISPOSAL RULES: ADOPTION

)

)

)

)

)

RO1-29

(Rulemaking)

S114fE

OF iLLINOIS

Pollution

Control Board

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

SUBTITLE

G:

CHAPTER I:

SUBCHAPTER F:

RISK BASED

PART 740:

SUBPART H: REQUIREMENTS RELATED TO

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 that has been enrolled in the Site Remediation Program. therebyprotecting

human health and the environment.

—

a school as defined in

For the purposes ofthis Subpart, the term “school” means

Section 34

1.1 ofthe School Code.

any public educational facility in Illinois

including grounds and/or campus, consisting ofstudents, comprising one or more

grade groups or other identifiable groups.

organized as one unit with one or more

teachers to give instruction ofa defined type.

Public educational facility includes

th

but is not limited to,

primary and secondary (kindergarten-i 2

grade). charter

yocational. alternatiye. and special education schools.

Public educational facility

does not include junior colleges. colleges.

or uniyersities

This Filing is Submitted on Recycled Paper

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740.805

1~pnuuirpmpnt~

Prior to Public Use

a)

A

remediation site or any buildings or structures contained within the boundary

lines ofthe site,

that is enrolled in the Site Remediation Program and

A4ha~-ha~

enrolled a remediation site into the Site Remediation Program that is intended for

future use as a school

shall not make that site or any buildings or s~ctures

contained within the boundary lines ofthe site

be made

available

for use by

children and

the general public without first completing its Remedial ActionPlan

and receiving a NFR Letter from the Agency.

This section shall not be construed

to exempt a RA from any additional reciuirements set forth in Section 58.15 ofthe

Environmental Protection Act

740.810

Engineered Barriers and Institutional Controls

a)

The RA or any subsequent transferee ofa remediation site subject to this Subpart

H shall arrange with an LPE for an inspection ofthe remediation site within 120

days before every fifth

anniversary of the date ofissuance ofthe NFR Letter.

The

purpose ofthe inspection shall be to determine whether or not the effectiveness

of

all engineered barriers and institutional controls requiredfry the Remedial Action

Plan and the NFR Letter has been maintained

1)

The LPE shall prepare a report on the results ofthe inspection,

itemizing

each engineered barrier and institutional control and whether or not the

effectiveness ofeach engineered barrier and institutional controlhas been

maintained.

Ifthe effectiveness ofany engineered barrier or institutional

control has been compromised,

theLPE shall describe the nature ofthe

defects

2)

The LPE responsible for the site inspection and preparation ofthe report

shall affirm by ori~~inal signature as follows

Iattest that the inspection ofthe remediation site to confirm the

effectiveness ofthe engineered barriers and institutional controls reqmred

by the Remedial Action Plan and the NFR Letter was performed under my

direction and that:

A) This document and all attachments were prepared under my

direction

or reviewed by me, and:

To the best ofmy knowledze and belief the work and conclusions

described in this report are in accordance with the requirements of

2

---

35111. Adm.

Code

740 and

742.

the site’~sRemedialAction Plan

and NFR letter,

and generally accevtedengineering practices: and

C)

The information vresented is accurate and comvlete.

3)

The LPE’sreport shall be submitted to theAgency no

later than every fifth

anniversary ofthe date of issuance ofthe NFR letter

h)

The A~rencv may void the NFR Letter in accordance with Section

740.625 if’

1)

An LPE’sreport

is not submitted to the Agency by any fifth

anniversary of

the date ofissuance ofthe NFR Letter; or

2)

The LPE’sreport indicates that the effectiveness ofany engineered barrier

or institutional control has not been maintained

c)

The requirements ofthis Section shall not apply to a

remediation site if no

engineered barriers or institutional controls were required under the Remedial

Action Plan and the NFR Letter,

or if the remediation site is no longer usedas a

school site

d)

Ifthe site is no longer used as a school, orIfthe site is transferredto a thirdparty,

the transferor ofthe site recipient ofthe original NFR lette~ is reciuired to notify

the A~encv ofsuch changee.

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740.815

Public Notice of Sitc Rcmcdial Action Plan

No later than

10 days after receipt of theAgency’snotice ofacceptance into

th~

Site Remediation Program of a remediation site intended for future use as a

3

---

school,

the RA shall mail written notice to

interested and affected persons,

public

officials and organizations ofthe site~s enrollment into the program

b)

The notice shall contain the following information at a minimum

1)

The name and address ofthe RA:

The location ofthe remediation

site~

2)

3)

A description ofthe intended use ofthe site

(e.g..

buildings. playgrounds

athletic fields),

4) A description ofthe

site history

including past uses

5) A statement that the site has been enrolled in the Site Remediation

Program, will be undergoing environmental site investigation,

and may

require environmental remediation prior to

use as a school site.~

6)

The name ofa

contact person and telephone numberwhere that person

may be reached,~

and

7)

The location and hours ofthe repository established pursuant to Section

740.820 of this Part

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submission ofa Site

Rcmcdial Action Plan

for a

remediation site intendcd for

conditions and related contaminants ofconcern, and the interests ofthose who

—4:,

740.820

Establishment

of

Document Repository

a) No later than

10 days after receipt of theAgency’snotice ofacceptance into the

Site Remediation Program of a remediation site intended for future use as a

school,

the RA shall establish a repository where documents prepared by the RA

for the Agency and by the Agency for the RA may be viewed and/or copies

obtained.

The repository shall be

located and open to the public at a place and at

times

convenient to interested and affected persons.

The RA shall update the

4

---

repository promptly and continuously as documents aregenerated throughout the

remediation process

740.825

FactSheet

a) No later than

10 days after submission to

theAgency of a Remedial Action Plan

for a remediation site intended for future use as a school,

the RA shall mail to

interested and affectedpersons, public

officials and organizations

a Fact Sheet

The Fact Sheet shall contain the following information

1)

The location and boundary lines of the remediation site

2) A site history

3)

A description ofthe intended use ofthe site

(e.g.,

buildings, playgrounds

athletic fields)

4) A description ofthe surrounding land uses,

5)

The nature and extent ofthe recognized environmental conditions and

related contaminants ofconcern identified at the remediation site

6)

A description ofthe steps that are proposed in

the RemedialAction Plan

to

address the recognized environmental conditions and related

contaminants of concern,

7)

The nature ofthe NFR Letter requested (e.g., focusedor comprehensive

reliance on engineered barriers or institutional controls),

8)

The name ofa contact person and telephone number where that person

may be reachedto

answer questions and to

arrange for meetings with

concerned members of the community: and

9)

The location and hours ofthe repository established pursuant to Section

740.820 ofthis Part

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CITIZENS

FOR A BETTER ENVIRONMENT

By:_____________________________

5 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

6

---

CERTIFICATE OF SERVICE

The undersigned certifies

that copies ofan 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

1st

day ofMay, 2001.

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

David Graham

City ofChicago

Department ofEnvironment

30 N. LaSalle St., Suite 2500

Chicago, IL 60602

Deanna Sullivan

Illinois

Association ofSchool

Boards

430 East Vine Street

Springfield, Illinois 62703

Brent Manning, Director

Department ofNatural Resources

524 ~

2nd

St.,

4th 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