7

plans and of the regulatory protections that are in place for the safety of human health and the

environment. The Board concludes that an effective community relations plan may alleviate

many of the public perception problems anticipated by the Agency.

 

Proposed Definition of Soil

 

Another concern raised by IERG and SRAC regarding the proposed SMZ is the lack of a

specific definition for “soil.” Both IERG and SRAC favor including a definition of soil in these

regulations and urge the Board to adopt the following definition:

 

Soil means, for the purpose of a soil management zone, contaminated media

which meets the requirements of 35 Ill. Adm. Code 742.305, managed pursuant to

an Agency-approved remedial action plan. R01-27 Exh. 6 at 4.

 

Mr. Walton argues that the definition of “soil” is necessary in order to ensure that the

development of an SMZ will not be seen as the development of an unpermitted waste disposal

facility. R01-27 Exh. 6 at 4. Absent this definition, IERG and SRAC are afraid that the Agency

could view soil containing such things as slag, ash, or bits of concrete, as a waste material that

would be ineligible for treatment as an SMZ. R01-27 Exh. 6 at 3.

 

The Agency testified at hearing and reiterated in public comment that it intentionally has

not attempted to define “soil” but would rather leave the determination of what constitutes “soil”

to a site-specific discussion between itself and the remediation applicant. PC 4 (R01-27) at 5.

Furthermore, the Agency maintains that if “soil” was to be defined, it should be in the TACO

regulations at 35 Ill. Adm. Code 742, not SRP.

Id

.

 

While the Board appreciates IERG and SRAC’s attempts to develop a workable

definition of “soil,” the Board concludes that defining “soil” may ultimately create more

problems than it would solve. For example, remediation activities may be impeded by

attempting to define “soil” without regard to specific site factors, such as the type of soil (clay,

silt, loam, etc.); the amount of soil; or the amount of waste (slag, ash, general refuse, demolition

debris, etc.) in the soil. Furthermore, while the purpose of the SMZ is to provide workable on-

site solutions to contamination, the SMZ should not be used as a means for avoiding the proper

disposal of materials that should have been landfilled previously.

 

Accordingly, the Board will not include a definition of “soil” in this proposal. Rather, the

Board will rely upon the Agency’s statements that soil will be defined on a case-by-case basis in

consultation with the specific site’s remediation application.

 

Laboratory Accreditation

 

At proposed Section 740.415(d)(6), the Agency proposes adding a requirement that:

6) Effective July 1, 2002, all quantitative analyses of samples collected on or

after that date and utilizing any of the approved test methods identified in

35 Ill. Adm. Code 186.180 shall be completed by an accredited laboratory

---

 

8

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. Proposed 35 Ill. Adm. Code

740.415 (d)(6).

The Agency maintains that requiring laboratory accreditation will help ensure that “the data that

is coming into the Site Remediation Program is of known and established quality from these

labs.” Tr. (2/28/01) at 14. This requirement would establish “laboratory standards for data

quality that are compliant with the standards of the National Environmental Laboratory

Accreditation Program (NELAP)” operated by the United States Environmental Protection

Agency (USEPA). R01-27 Exh. 2 (Dunn) at 4. The Agency testified that, as of January 24,

2001, there were 17 accredited labs in the State.

Id

. Further, the Agency proposed a delayed

effective date of July 1, 2002, in order to allow additional laboratories the opportunity to become

accredited. In order to allow laboratories ample opportunity to become accredited prior to the

effective date of this amendment, the Board is extending the effective date to January 1, 2003.

 

While raising some questions regarding this proposal during hearing, IERG and SRAC

clarified their support for this proposal in public comments.

See

PC 6 (R01-27) at 1. In its

public comment, IERG stated that it supports the proposed laboratory accreditation requirement

and believes that it will help ensure that accurate data is provided to the Agency.

Id

.

 

The Board includes this amendment in the first-notice opinion and order. Requiring

laboratory accreditation should, as the Agency maintains, ensure a high quality and reliability of

information submitted to the Agency by remedial applicants in the SRP.

 

Licensed Professional Geologists (LPG)

 

The Agency proposes amendments that “recognize the role for Licensed Professional

Geologists” in SRP. Tr. (2/28/01) at 8. The amendments involve the addition of a definition for

“Licensed Professional Geologist” at Section 740.120 and the recognition of the work of LPGs at

remediation sites in Section 740.405, 740.410, and 740.425. Specifically, these amendments

provide that LPG’s may perform certain remediation site activities that were previously limited

to Licensed Professional Engineers (LPEs). Even with the proposed amendment, however, “all

plans and reports submitted for review and evaluation still must be prepared by, or under the

supervision of, an LPE.” R01-27 Exh.1 (Eastep) at 2-3.

 

The Agency maintains that changes in Illinois law, namely the adoption of the

Professional Geologist Licensing Act, now authorize the amendments proposed in SRP. R01-27

Exh. 1 (Eastep) at 3. The proposed amendments expressly authorize LPGs to perform a number

of remediation site activities, but do not “expressly change who is ultimately responsible for

plans and reports under the Act.”

Id

.

 

The Illinois Society of Professional Engineers (ISPE) and the Consulting Engineers

Council of Illinois (CECI) oppose these proposed amendments.

See

PC 2, 3 (R01-27). Bruce

Bonczyk testified at hearing in opposition to the amendments. Mr. Bonczyk testified that ISPE

and CECI are opposed to the regulations allowing LPGs to perform and supervise specific site

remediation activities because they believe there is no statutory authority in the SRP legislation.

---

 

9

Tr. (4/4/01) at 161-62. Specifically, Mr. Bonczyk argues that Section 58.6 of the Environmental

Protection Act (Act) (415 ILCS 5/58.6 (2000)) makes no reference to LPGs, and the proposal is,

therefore, in conflict with the express language of the Act. Tr. (4/4/01) at 162. Section 58.6 of

the Act provides, in pertinent part:

 

a. Any RA who proceeds under this Title may elect to seek review and

approval for any of the remediation objectives . . . . All investigations,

plans, and reports conducted or prepared under this Section shall be under

the supervision of a Licensed Professional Engineer (LPE) in accordance

with the requirements of this Title. 415 ILCS 5/58.6(a) (2000).

 

Additionally, Section 58.7(f) of the Act (415 ILCS 5/58.7(f) (2000)) requires:

 

All plans and reports submitted for review shall include a Licensed Professional

Engineer’s certification that all investigations and remedial activities were carried

out under his or her direction and, to the best of his or her knowledge and belief,

the work described in the plan or report has been completed in accordance with

generally accepted engineering practices, and the information presented is

accurate and complete. 415 ILCS 5/58.7(f) (2000).

 

Sections 58.6 and 58.7 of the Act are silent as to the performance of any remediation site

activities by an LPG.

 

The Board concludes that neither Section 58.6 nor 58.7 of the Act preclude the

performance of certain remediation activities by an LPG. However, Sections 58.6 and 58.7 of

the Act require that all work,

i.e.

, investigations, plans, and reports, be performed or prepared

under the supervision of an LPE. Accordingly, absent a statutory change, LPGs cannot be

permitted, in the context of the SRP regulations, to supervise others or to perform unsupervised

work themselves.

 

The general nature of the amendments proposed by the Agency does not conflict with the

statutory requirement that LPEs supervise all remediation activities. In fact, the Agency

acknowledges that the amendments will, “as a practical matter . . . [mean] that LPGs could

conduct site activities only as an employee or under contract to an LPE.” R01-27 Exh. 1

(Eastep) at 3. So long as it is an LPE who supervises the work that is performed and the plans

and reports that are prepared, the proposed amendments are consistent with the Act.

 

The Board notes, however, that in order to ensure clarity in the proposed regulations

regarding the requirement that all remediation activities be supervised by an LPE, some changes

have been made to the Agency’s proposed language. First, the Board has revised Section

740.405 to read as follows:

 

a) All remediation site activities shall be conducted by, or under the supervision of, a

Licensed Professional Engineer (LPE).

---

 

10

b) To the extent authorized by the Professional Geologist Licensing Act [225 ILCS

745], a Licensed Professional Geologist (LPG) may conduct remediation

activities under the supervision of an LPE.

c) All plans and reports submitted for review and evaluation shall be prepared by, or

under the supervision of, an LPE.

   

The Board has removed the proposed language that would have allowed LPGs to supervise any

of the remedial activities.

 

Next, the Board modified the proposed language in Section 740.410(b)(3) to clarify that

it is still the LPE who is responsible for supervising all work performed and all plans and reports

prepared with regard to a site undergoing remediation in the SRP. Finally, in Section 740.425,

the Agency proposed adding a reference to LPG in subsection (b)(5)(B). The Board has

removed that reference from this first-notice opinion and order because, pursuant to Section 58.6

of the Act (415 ILCS 5/58.6 (2000)), only an LPE can be responsible for making the “

de

minimus

determination” provided in that subsection.

 

Federal Exemption

 

At the April 4, 2001 hearing, representatives of the United States Department of Defense

(DoD) testified in support of the exemption from certain recording requirements for federally

owned property. The proposed exemption is very similar to that proposed and ultimately

adopted by the Board in Proposed Amendments to Tiered Approach to Corrective Action

Objectives (TACO): 35 Ill. Adm. Code 742, R00-19(A) (Dec. 27, 2000).

 

DoD argues that federal landholding entities lack the ability to deed record land use

restrictions for certain federally owned property. Tr. (4/4/01) at 110. Because of their inability

to record land use restrictions, DoD proposes entering into a Land Use Control Memorandum of

Agreement (LUC MOA) with both the Agency and with the United States Environmental

Protection Agency. Tr. (4/4/01) at 111. DoD maintains that the LUC MOA provides sufficient

safeguards to ensure the viability of institutional controls. Tr. (4/4/01) at 106. Richard

Butterworth testified that:

 

These safeguards include identification and notice requirements, procedures to

ensure ongoing updates are communicated to IEPA, measures to ensure continued

compliance with the LUC MOA and advance notification to IEPA of any

proposed disposal of a property regulated by an institutional control.

Id

.

 

In support of the proposed exemption, DoD proposes adding definitions of “Federal

Landholding Entity,” “Federally Owned Property,” “GIS,” “GPS,” “Institutional Control,” and

“Land Use Control Memorandum of Agreement or LUC MOA.” DoD also proposes revisions to

existing language in the definition of “Perfected” and in Sections 740.450, 740.610, 740.620, and

740.625. Finally, DoD proposes an entirely new Section 740.622, which provides the

“Requirements for Perfection of No Further Remediation Letters Issued to Federal Landholding

Entities Without Authority to Record Institutional Controls.”

See

 

generally

R01-27 Exh. 4.

---

 

11

These revisions would also apply to other federal, non-DoD agencies with similar difficulties in

recording deed restrictions. Tr. (4/4/01) at 107.

 

In post-hearing comments, the Agency expressed its support for the DoD requested

exemption and implementation of the LUC MOA. The Agency stated:

 

The LUC MOA concept, already a part of the TACO [35 Ill. Adm. Code 742]

regulations, will be used as the basis for an alternative procedure for perfecting

NFR Letters issued to federal landholding entities and containing land use

restrictions. Ms. Vlahos and Mr. Butterworth testified to the many safeguards

built into the LUC MOAs to ensure that land use restrictions are maintained while

the property remains in the possession of the federal landholding entity and that

the restrictions are transferred with the property once it passes from federal

ownership. PC 5 (R01-27) at 11-12.

 

The Agency concluded by requesting “that the Board accept the DoD amendments to Part 740.”

PC 5 (R01-27) at 12.

 

Based on the testimony and evidence presented by DoD, and in light of the Agency’s

agreement with DoD’s proposal, as well as the Board’s own prior experience with LUC MOA’s

in TACO, (

See

Proposed Amendments to Tiered Approach to Corrective Action Objectives

(TACO (35 Ill. Adm. Code 742), R00-19(A) (Dec. 27, 2000)), the Board accepts the exemption

proposed by DoD including the use of the agreed upon LUC MOA.

 

IDOT Memorandums of Understanding

 

Similarly, a new section, Section 740.621, was proposed to “address the difficulties of

recording NFR Letters or other land use restrictions at certain remediation sites of the Illinois

Department of Transportation (IDOT).” R01-27 Exh. 1 (Eastep) at 11. In lieu of recording NFR

Letters, IDOT requested and the Agency proposed the IDOT Memorandum of Agreement

(MOA). Exh. 7. In support of this proposal, Mr. Eastep testified:

 

On occasion IDOT encounters contamination in its highway system at sites for

which there is no legal description, real estate tax index, or parcel index number.

To enable continued use of risk-based remediation criteria, including land use

limitations, IDOT has requested and the Agency is proposing that such sites be

made subject to Memoranda of Agreement (“MOA”) between IDOT and the

Agency. . . . The IDOT MOA would contain all pertinent information about the

site and the applicable land use controls. . . . Failure by IDOT to comply with the

requirements of the MOA or any violation of an institutional control or other

conditions could result in voidance of the NFR Letter. R01-27 Exh. 1 (Eastep) at

11-12.

 

The proposed IDOT MOA is included in the amendments the Board proposes

today for first notice.

 

---

 

12

PROPOSED NEW SUBPART H (R01-29)

 

Following its initial submission on January 26, 2001, CBE amended its proposed rule

twice. In the first revision, filed with the Board on April 2, 2001, CBE deleted from its proposal

regulations pertaining to public parks and playgrounds. Then, on May 1, 2001, CBE further

revised its proposal in response to comments raised during hearing. The most recent revision

contains regulations pertaining only to remediation sites intended for future use as a public

school. The Board has not received any comments to the May 1, 2001 filing.

 

Overall, CBE seeks to add procedural requirements for ensuring the receipt of a NFR

Letter before schools open, maintenance of institutional controls and engineered barriers, and

enhanced public participation at remediation sites that will eventually be used as schools. CBE’s

proposal was prompted by the site remediation that took place at two school sites in Cook

County, Illinois: Finkl Academy and Zapata Academy. Tr. (4/4/01) at 16. Both schools were

built on contaminated property that was in the process of being remediated under the SRP. Tr.

(4/4/01) at 17. At both sites, however, the schools were actually built and opened without

notification to the Agency and prior to issuance of an NFR Letter.

Id

. After this was discovered,

additional remediation was necessary at both sites before NFR Letters could be issued.

Id

. CBE

filed this proposal because it believes that public school sites should be treated differently than

other remediation sites in the SRP.

Id

.

 

Numerous questions were asked of CBE at hearing. Some of the questions addressed

CBE’s proposed language that the Board will attempt to clarify in this first-notice opinion and

order.

 

Interested and Affected Persons

 

CBE’s proposed Sections 740.815 and 740.825 require a remediation applicant to provide

written notice of the site’s enrollment in SRP and other specified facts pertaining to the

remediation site to “interested and affected persons.”

See

PC 2 (R01-29) at 4-5. At hearing,

CBE was questioned regarding the definition of “interested and affected persons.”

See

Tr.

(4/4/01) at 27. In response, CBE suggested that the Agency’s guidance on community relations

could be used by a remediation applicant to identify “interested and affected persons” might be.

Tr. (4/4/01) at 27-28. In order to clarify the availability of this guidance, the Board is adding a

reference to the Agency’s community relations guidance document in both Section 740.815 and

740.825.idance, the Board is adding a reference to the Agency’s community relations guidance

document in both Section 740.815 and 740.825.

Agency Involvement

 

Provisions were included in CBE’s original and first revised proposals requiring Agency

involvement. For example, in the first revised proposal, if a remediation applicant decided to not

undertake a community relations plan, then the burden fell on the Agency to do so.

See

PC 1

(R01-29) at 3. Likewise, the original proposal contained provisions whereby the Agency could

hold a public hearing concerning the application for a NFR Letter for sites in the SRP with an

intended future use as a school.

 

---

 

13

The Agency questioned the propriety of these and similar provisions which would require

the expenditure of Agency resources. Following the April 4, 2001 hearing, CBE and the Agency

planned to meet to discuss these provisions. As reflected in the May 1, 2001 amended proposal,

CBE deleted from their proposal those amendments that would require the expenditure of

Agency resources. The Agency has not commented on the latest proposal. Since this is just a

first-notice opinion and order, the Board requests that the Agency, and other interested persons,

provide comment on the most recent CBE proposal, as set forth in proposed 35 Ill. Adm. Code

740.Subpart H. Interested persons have an opportunity to comment on this first-notice proposal

for 45 days following publication in the

Illinois Register

.

 

Public Act 92-0151

 

Relevant to CBE’s proposal is the recent enactment of Public Act 92-0151, which

amends Section 58.16 of the Act (415 ILCS 5/58.16 (2001)) so as to prohibit, in counties with a

population of more than 3,000,000, the occupancy of a school building prior to completion of a

remedial action plan required by Board regulations. While Public Act 92-0151 addresses, to

some extent, CBE’s concerns, it only applies to schools within Cook County. CBE’s proposal, if

adopted, would apply Statewide. CBE’s proposal also contains notification and maintenance

requirements not part of Public Act 92-0151.

 

Board Discussion

 

The Board commends CBE for its efforts in attempting to secure greater public

participation in the construction and operation of public schools on property undergoing

remediation in the SRP. The Board adopts CBE’s revised proposal in this first-notice opinion

and order and invites additional public comment on the proposal during the 45-day public

comment period.

 

TECHNICAL FEASIBILITY/ECONOMIC REASONABLENESS

 

Section 27(a) of the Environmental Protection Act, requires that in promulgating

regulations, the Board “shall take into account . . . the technical feasibility and economic

reasonableness of measuring or reducing the particular type of pollution.” 415 ILCS 5/27(a)

(2000).

 

According to the Agency, there are “[n]o new technical requirements . . . created by the

proposed amendments [except for] . . . those updating existing methods and procedures.” Stat. of

Reas. at 16. Accordingly, the Agency maintains that there are no technical feasibility issues

involved in the proposed amendments.

Id

.

 

Additionally, the Agency maintains that there may be some “marginal increase in costs”

for the Agency, the Board, and for those participating in the program. Stat. of Reas. at 16. For

example, the Agency may need to revise some of its forms and methods of training and public

outreach.

Id

. Since remedial applicants can appeal an Agency determination regarding the SMZ

to the Board, the Board may also see an increase in some incidental costs.

Id

. Finally, those

participating in the program may also see a slight increase in costs associated with using only

---

 

14

accredited laboratories.

Id.

The Agency notes, however, that the remedial applicants may also

experience some cost benefit as a result of their ability to utilize the proposed SMZ. Stat. of

Reas. at 17.

 

The Board notes that remedial applicants may also experience a slight increase in costs as

a result of the new requirements proposed as a new Subpart H by CBE. These costs, however,

do not appear to be significant and are considered reasonable.

 

Pursuant to a letter dated January 30, 2001, the Board requested that DCCA conduct an

economic impact study related to these proposed amendments. As is the Board’s practice, the

January 30, 2001 letter contained a provision providing that in the event DCCA failed to respond

to the letter within ten days, the Board would rely on a previous letter from DCCA, dated March

10, 2000, in which DCCA expressed its inability to perform the requested economic impact

study. DCCA did not respond to the Board’s January 30, 2001 letter. Time was reserved during

one of the hearings held in this matter to examine the Board’s request and DCCA’s lack of

response, but no testimony was given.

 

Considering that the majority of the proposed amendments in this first-notice proposal

will have little if any actual economic impact on either State agencies or the regulated

community, the Board concludes that the proposed amendments are economically reasonable.

The Board also finds that the proposed amendments are technically feasible and are largely

supported by the regulated community.

 

ORDER

 

 

The Board directs the Clerk to cause the filing of the following with the Secretary of

State for first-notice publication in the

Illinois Register

.

    

 

TITLE 35: ENVIRONMENTAL PROTECTION

SUBTITLE G: WASTE DISPOSAL

CHAPTER I: POLLUTION CONTROL BOARD

PART 740

SITE REMEDIATION PROGRAM

 

SUBPART A: GENERAL

 

Section

740.100 Purpose

740.105 Applicability

740.110 Permit Waiver

740.115 Agency Authority

740.120 Definitions

740.125 Incorporations by Reference

740.130 Severability

 

---

 

15

SUBPART B: APPLICATIONS AND AGREEMENTS FOR REVIEW AND EVALUATION

SERVICES

 

Section

740.200 General

740.205 Submittal of Application and Agreement

740.210 Contents of Application and Agreement

740.215 Approval or Denial of Application and Agreement

740.220 Acceptance and Modification of Application and Agreement

740.225 Termination of Agreement by the Remediation Applicant (RA)

740.230 Termination of Agreement by the Agency

740.235 Use of Review and Evaluation Licensed Professional Engineer (RELPE)

 

SUBPART C: RECORDKEEPING, BILLING AND PAYMENT

 

Section

740.300 General

740.305 Recordkeeping for Agency Services

740.310 Request for Payment

740.315 Submittal of Payment

740.320 Manner of Payment

 

SUBPART D: SITE INVESTIGATIONS, DETERMINATION OF REMEDIATION

OBJECTIVES, PREPARATION OF PLANS AND REPORTS

 

Section

740.400 General

740.405 Conduct of Site Activities and Preparation of Plans and Reports by Licensed

Professional Engineer (LPE)

740.410 Form and Delivery of Plans and Reports, Signatories and Certifications

740.415 Site Investigation -- General

740.420 Comprehensive Site Investigation

740.425 Site Investigation Report -- Comprehensive Site Investigation

740.430 Focused Site Investigation

740.435 Site Investigation Report -- Focused Site Investigation

740.440 Determination of Remediation Objectives

740.445 Remediation Objectives Report

740.450 Remedial Action Plan

740.455 Remedial Action Completion Report

 

SUBPART E: SUBMITTAL AND REVIEW OF PLANS AND REPORTS

 

Section

740.500 General

740.505 Reviews of Plans and Reports

740.510 Standards for Review of Site Investigation Reports and Related Activities

---

 

16

740.515 Standards for Review of Remediation Objectives Reports

740.520 Standards for Review of Remedial Action Plans and Related Activities

740.525 Standards for Review of Remedial Action Completion Reports and Related Activities

740.530 Establishment of Groundwater Management Zones

740.535 Establishment of Soil Management Zones

 

SUBPART F: NO FURTHER REMEDIATION LETTERS AND RECORDING

REQUIREMENTS

 

Section

740.600 General

740.605 Issuance of No Further Remediation Letter

740.610 Contents of No Further Remediation Letter

740.615 Payment of Fees

740.620 Duty to Record No Further Remediation Letter

740.621 Requirements for No Further Remediation Letters Issued to Illinois Department of

Transportation Remediation Sites Located in Rights-of-Way

740.622 Requirements for No Further Remediation Letters Issued to Federal Landholding

Entities Without Authority to Record Institutional Controls

740.625 Voidance of No Further Remediation Letter

 

SUBPART G: REVIEW OF ENVIRONMENTAL REMEDIATION COSTS FOR

ENVIRONMENTAL REMEDIATION TAX CREDIT

 

Section

740.700 General

740.705 Preliminary Review of Estimated Remediation Costs

740.710 Application for Final Review of Remediation Costs

740.715 Agency Review of Application for Final Review of Remediation Costs

740.720 Fees and Manner of Payment

740.725 Remediation Costs

740.730 Ineligible Costs

 

SUBPART H: REQUIREMENTS RELATED TO SCHOOLS

 

Section

740.800 General

740.805 Requirements Prior to Public Use

740.810 Engineered Barriers and Institutional Controls

740.815 Public Notice of Site Remedial Action Plan

740.820 Community Relations Plan

740.825 Fact Sheet

 

740.APPENDIX A Target Compound List

740.TABLE A Volatile Organics Analytical Parameters and Required Quantitation

Limits

---

 

17

740.TABLE B Semivolatile Organic Analytical Parameters and Required Quantitation

Limits

740.TABLE C Pesticide and Aroclors Organic Analytical Parameters and Required

Quantitation Limits

740.TABLE D Inorganic Analytical Parameters and Required Quantitation Limits

740.APPENDIX B Review and Evaluation Licensed Professional Engineer Information

AUTHORITY: Implementing Sections 58 through 58.8 and 58.10 through 58.14 and authorized

by Sections 58.5, 58.6, 58.7, 58.11 and 58.14 of the Environmental Protection Act [415 ILCS

5/58 through 58.8 and 58.10 through 58.14].

SOURCE: Adopted in R97-11 at 21 Ill. Reg. 7889, effective July 1, 1997; amended in R98-27 at

22 Ill. Reg.19580, effective October 26, 1998; amended in R01-27 and R01-29 at ____ Ill. Reg.

___ , effective __________.

NOTE: Capitalization denotes statutory language. In this Part, the abbreviation ug is used to

indicate micrograms.

SUBPART A: GENERAL

Section 740.120 Definitions

Except as stated in this Section, or unless a different meaning of a word or term is clear from the

context, the definition of words or terms in this Part shall be the same as that applied to the same

words or terms in the Environmental Protection Act.

"Act" means the Environmental Protection Act [415 ILCS 5/1

et seq.

].

"Agency" means the Illinois Environmental Protection Agency

. [415 ILCS 5/3.01]

"AGENCY" MEANS THE ILLINOIS ENVIRONMENTAL PROTECTION

AGENCY

 

(Section 3.01 of the Act)

"Agency travel costs" means costs incurred and documented for travel in

accordance with 80 Ill. Adm. Code 2800 and 3000 by individuals employed by

the Agency. Such costs include costs for lodging, meals, travel, automobile

mileage, vehicle leasing, tolls, taxi fares, parking and miscellaneous items.

"Agrichemical facility" means a site on which agricultural pesticides are stored

or handled, or both, in preparation for end use, or distributed. The term does not

include basic manufacturing facility sites

. [415 ILCS 5/58.2] "AGRICHEMICAL

FACILITY" MEANS A SITE ON WHICH AGRICULTURAL PESTICIDES

ARE STORED OR HANDLED, OR BOTH, IN PREPARATION FOR END

USE, OR DISTRIBUTED. THE TERM DOES NOT INCLUDE BASIC

MANUFACTURING FACILITY SITES

 

(Section 58.2 of the Act)

"ASTM" means the American Society for Testing and Materials.

[415 ILCS

5/58.2] "ASTM" MEANS THE AMERICAN SOCIETY FOR TESTING AND

MATERIALS

 

(Section 58.2 of the Act)

---

 

18

"Authorized agent" means a person who is authorized by written consent or by

law to act on behalf of an owner, operator, or Remediation Applicant.

"Board" means the Pollution Control Board.

"Contaminant of concern" or

"regulated substance of concern" means any

contaminant that is expected to be present at the site based upon past and current

land uses and associated releases that are known to the Remediation Applicant

based upon reasonable inquiry.

[415 ILCS 5/58.2] "REGULATED

SUBSTANCE OF CONCERN" MEANS ANY CONTAMINANT THAT IS

EXPECTED TO BE PRESENT AT THE SITE BASED UPON PAST AND

CURRENT LAND USES AND ASSOCIATED RELEASES THAT ARE

KNOWN TO THE REMEDIATION APPLICANT BASED UPON

REASONABLE INQUIRY

 

(Section 58.2 of the Act)

"Costs" means all costs incurred by the Agency in providing services pursuant to

a Review and Evaluation Services Agreement.

“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 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 Geographic Information System.

“GPS” means Global Positioning System.

"Groundwater management zone" or "GMZ" means a three-dimensional region

containing groundwater being managed to mitigate impairment caused by the

release of contaminants of concern at a remediation site.

"Indirect costs" means those costs incurred by the Agency which cannot be

attributed directly to a specific site but are necessary to support the site-specific

activities, including, but not limited to, such expenses as managerial and

administrative services, building rent and maintenance, utilities, telephone and

office supplies.

“Institutional Control” means a legal mechanism for imposing a restriction on

land use.

"Laboratory costs" means costs for services and materials associated with

identifying, analyzing, and quantifying chemical compounds in samples at a

laboratory.

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19

“Land Use Control Memorandum of Agreement” or “LUC MOA” 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" or "LPE" means a person, corporation or

partnership licensed under the laws of this State to practice professional

engineering.

[415 ILCS 5/58.2] "LICENSED PROFESSIONAL ENGINEER"

OR "LPE" MEANS A PERSON, CORPORATION OR PARTNERSHIP

LICENSED UNDER THE LAWS OF THIS STATE TO PRACTICE

PROFESSIONAL ENGINEERING

 

(Section 58.2 of the Act)

"Licensed Professional Geologist" or "LPG" 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]

"Other contractual costs" means costs for contractual services not otherwise

specifically identified, including, but not limited to, printing, blueprints,

photography, film processing, computer services and overnight mail.

“Perfect” or “Perfected” means recorded or filed for record so as to place the

public on notice, or as otherwise provided in Sections 740.621 and 740.622 of this

Part.

"Person" means 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, including the United States

Government and each department, agency and instrumentality of the United

States.

[415 ILCS 5/58.2] "PERSON" MEANS 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, INCLUDING THE UNITED STATES

GOVERNMENT AND EACH DEPARTMENT, AGENCY AND

INSTRUMENTALITY OF THE UNITED STATES (Section 58.2 of the Act)

"Personal services costs" means costs relative to the employment of individuals

by the Agency. Such costs include, but are not limited to, hourly wages and

fringe benefits.

"Pesticide" means any substance or mixture of substances intended for

preventing, destroying, repelling, or mitigating any pest or any substance or

mixture of substances intended for use as a plant regulator, defoliant or

---

 

20

desiccant.

"PESTICIDE" MEANS ANY SUBSTANCE OR MIXTURE OF

SUBSTANCES INTENDED FOR PREVENTING, DESTROYING,

REPELLING, OR MITIGATING ANY PEST OR ANY SUBSTANCE OR

MIXTURE OF SUBSTANCES INTENDED FOR USE AS A PLANT

REGULATOR, DEFOLIANT OR DESICCANT (Illinois Pesticide Act [415

ILCS 60/4])

"Practical quantitation limit" or "PQL" or "Estimated quantitation limit" means

the lowest concentration that can be reliably measured within specified limits of

precision and accuracy for a specific laboratory analytical method during routine

laboratory operating conditions in accordance with "Test Methods for Evaluating

Solid Wastes, Physical/Chemical Methods," EPA Publication No. SW-846,

incorporated by reference at Section 740.125 of this Part. For filtered water

samples, PQL also means the Method Detection Limit or Estimated Detection

Limit in accordance with the applicable method revision in: "Methods for the

Determination of Metals in Environmental Samples," EPA Publication No.

EPA/600/4-91/010; "Methods for the Determination of Metals in Environmental

Samples, Supplement I," EPA Publication No. EPA/600/R-94/111; "Methods for

the Determination of Organic Compounds in Drinking Water," EPA Publication

No. EPA/600/4-88/039; "Methods for the Determination of Organic Compounds

in Drinking Water, Supplement II," EPA Publication No. EPA/600/R-92/129; or

"Methods for the Determination of Organic Compounds in Drinking Water,

Supplement III," EPA Publication No. EPA/600/R-95/131, all of which are

incorporated by reference at Section 740.125 of this Part.

"Reasonably obtainable" means that a copy or reasonable facsimile of the record

must be obtainable from a private entity or government agency by request and

upon payment of a processing fee, if any.

"Recognized environmental condition" means the presence or likely presence of

any regulated substance or pesticide under conditions that indicate a release,

threatened release or suspected release of any regulated substance or pesticide at,

on, to or from a remediation site into structures, surface water, sediments,

groundwater, soil, fill or geologic materials. The term shall not include de

minimis conditions that do not present a threat to human health or the

environment.

"Regulated substance" means any hazardous substance as defined under Section

101(14) of the Comprehensive Environmental Response, Compensation, and

Liability Act of 1980 (P.L. 96-510) and petroleum products, including crude oil or

any fraction thereof, natural gas, natural gas liquids, liquefied natural gas, or

synthetic gas usable for fuel (or mixtures of natural gas and such synthetic gas).

 

[415 ILCS 5/58.2] "REGULATED SUBSTANCE" MEANS ANY

HAZARDOUS SUBSTANCE AS DEFINED UNDER SECTION 101(14) OF

THE COMPREHENSIVE ENVIRONMENTAL RESPONSE,

COMPENSATION, AND LIABILITY ACT OF 1980 (P.L. 96-510) AND

PETROLEUM PRODUCTS, INCLUDING CRUDE OIL OR ANY FRACTION

---

 

21

THEREOF, NATURAL GAS, NATURAL GAS LIQUIDS, LIQUEFIED

NATURAL GAS, OR SYNTHETIC GAS USABLE FOR FUEL (OR

MIXTURES OF NATURAL GAS AND SUCH SYNTHETIC GAS) (Section

58.2 of the Act)

"

Regulated substance of concern"

or "contaminant of concern"

means any

contaminant that is expected to be present at the site based upon past and current

land uses and associated releases that are known to the Remediation Applicant

based upon reasonable inquiry.

[415 ILCS 5/58.2] "REGULATED

SUBSTANCE OF CONCERN" OR "CONTAMINANT OF CONCERN"

MEANS ANY CONTAMINANT THAT IS EXPECTED TO BE PRESENT AT

THE SITE BASED UPON PAST AND CURRENT LAND USES AND

ASSOCIATED RELEASES THAT ARE KNOWN TO THE REMEDIATION

APPLICANT BASED UPON REASONABLE INQUIRY

 

(Section 58.2 of the

Act)

"Release" means any spilling, leaking, pumping, pouring, emitting, emptying,

discharging, injecting, escaping, leaching, dumping, or disposing into the

environment, but excludes any release which results in exposure to persons solely

within a workplace, with respect to a claim which such persons may assert

against the employer or such persons; emissions from the engine exhaust of a

motor vehicle, rolling stock, aircraft, vessel, or pipeline pumping station engine;

release of source, byproduct, or special nuclear material from a nuclear incident,

as those terms are defined in the federal Atomic Energy Act of 1954, if such

release is subject to requirements with respect to financial protection established

by the Nuclear Regulatory Commission under Section 170 of such Act; and the

normal application of fertilizer.

[415 ILCS5/3.33] "RELEASE" MEANS ANY

SPILLING, LEAKING, PUMPING, POURING, EMITTING, EMPTYING,

DISCHARGING, INJECTING, ESCAPING, LEACHING, DUMPING, OR

DISPOSING INTO THE ENVIRONMENT, BUT EXCLUDES ANY RELEASE

WHICH RESULTS IN EXPOSURE TO PERSONS SOLELY WITHIN A

WORKPLACE, WITH RESPECT TO A CLAIM WHICH SUCH PERSONS

MAY ASSERT AGAINST THE EMPLOYER OR SUCH PERSONS;

EMISSIONS FROM THE ENGINE EXHAUST OF A MOTOR VEHICLE,

ROLLING STOCK, AIRCRAFT, VESSEL, OR PIPELINE PUMPING

STATION ENGINE; RELEASE OF SOURCE, BYPRODUCT, OR SPECIAL

NUCLEAR MATERIAL FROM A NUCLEAR INCIDENT, AS THOSE TERMS

ARE DEFINED IN THE FEDERAL ATOMIC ENERGY ACT OF 1954, IF

SUCH RELEASE IS SUBJECT TO REQUIREMENTS WITH RESPECT TO

FINANCIAL PROTECTION ESTABLISHED BY THE NUCLEAR

REGULATORY COMMISSION UNDER SECTION 170 OF SUCH ACT; AND

THE NORMAL APPLICATION OF FERTILIZER

 

(Section 3.33 of the Act)

"Remedial action" means activities associated with compliance with the

provisions of Sections 58.6 and 58.7

"REMEDIAL ACTION" MEANS

ACTIVITIES ASSOCIATED WITH COMPLIANCE WITH THE PROVISIONS

OF SECTIONS 58.6 AND 58.7 of the Act, including, but not limited to, the

---

 

22

conduct of site investigations, preparation of work plans and reports, removal or

treatment of contaminants, construction and maintenance of engineered barriers,

and/or implementation of institutional controls. (Section 58.2 of the Act)[415

ILCS 5/58.2]

"Remediation Applicant" or "RA" means any person seeking to perform or

performing investigative or remedial activities under Title XVII of the Act,

including the owner or operator of the site or persons authorized by law or

consent to act on behalf of or in lieu of the owner or operator of the site.

[415

ILCS 5/58.2] "REMEDIATION APPLICANT" OR "RA" MEANS ANY

PERSON SEEKING TO PERFORM OR PERFORMING INVESTIGATIVE OR

REMEDIAL ACTIVITIES UNDER TITLE XVII OF THE ACT, INCLUDING

THE OWNER OR OPERATOR OF THE SITE OR PERSONS AUTHORIZED

BY LAW OR CONSENT TO ACT ON BEHALF OF OR IN LIEU OF THE

OWNER OR OPERATOR OF THE SITE

 

(Section 58.2 of the Act)

"Remediation costs" means reasonable costs paid for investigating and

remediating regulated substances of concern consistent with the remedy selected

for

the

site. For purposes of Subpart G of this Part, "Remediation Costs" shall

not include costs incurred prior to January 1, 1998, costs incurred after the

issuance of a No Further Remediation Letter under

"REMEDIATION COSTS"

MEANS REASONABLE COSTS PAID FOR INVESTIGATING AND

REMEDIATING REGULATED SUBSTANCES OF CONCERN CONSISTENT

WITH THE REMEDY SELECTED FOR THE SITE. FOR PURPOSES OF

SUBPART G OF THIS PART, "REMEDIATION COSTS" SHALL NOT

INCLUDE COSTS INCURRED PRIOR TO JANUARY 1, 1998, COSTS

INCURRED AFTER THE ISSUANCE OF A NO FURTHER REMEDIATION

LETTER UNDER Subpart F of this Part,

or costs incurred more than 12 months

prior to acceptance into the Site Remediation Program

OR COSTS INCURRED

MORE THAN 12 MONTHS PRIOR TO ACCEPTANCE INTO THE SITE

REMEDIATION PROGRAM under this Part. (Section 58.2 of the Act)[415

ILCS 5/58.2]

"Remediation objective" means a goal to be achieved in performing remedial

action, including but not limited to the concentration of a contaminant, an

engineered barrier or engineered control, or an institutional control established

under Section 58.5 of the Act or Section 740.Subpart D of this Part.

"Remediation site" means the single location, place, tract of land, or parcel or

portion of any parcel of property, including contiguous property separated by a

public right-of-way, for which review, evaluation, and approval of any plan or

report has been requested by the Remediation Applicant in its application for

review and evaluation services. This term also includes, but is not limited to, all

buildings and improvements present at that location, place, or tract of land.

"Residential property" means any real property that is used for habitation by

individuals

, "RESIDENTIAL PROPERTY" MEANS ANY REAL PROPERTY

---

 

23

THAT IS USED FOR HABITATION BY INDIVIDUALS, or where children

have the opportunity for exposure to contaminants through soil ingestion or

inhalation at educational facilities, health care facilities, child care facilities, or

outdoor recreational areas. (Section 58.2 of the Act)[415 ILCS 5/58.2]

"Review and Evaluation Licensed Professional Engineer" or "RELPE" means the

licensed professional engineer with whom a Remediation Applicant (RA) has

contracted to perform review and evaluation services under the direction of the

Agency.

"Site" means any single location, place, tract of land or parcel of property or

portion thereof, including contiguous property separated by a public right-of-

way.

"SITE" MEANS ANY SINGLE LOCATION, PLACE, TRACT OF LAND

OR PARCEL OF PROPERTY OR PORTION THEREOF, INCLUDING

CONTIGUOUS PROPERTY SEPARATED BY A PUBLIC RIGHT-OF-WAY

 

 

(Section 58.2 of the Act) [415 ILCS 5/58.2] This term also includes, but is not

limited to, all buildings and improvements present at that location, place or tract

of land.

"Soil management zone" or "SMZ" means a three dimensional region containing

soil being managed to mitigate contamination caused by the release of

contaminants at a remediation site.

(Source: Amended at ____ Ill. Reg. __________, effective __________)

Section 740.125 Incorporations by Reference

The Board incorporates the following material by reference. These incorporations include no

later amendments or editions.

a) ASTM.

American Society for Testing Materials, 1916 Race Street, Philadelphia,

PA 19103. (610) 832-9500

ASTM E 1527-00 1527-94, Standard Practice for Environmental Site

Assessments: Phase I Environmental Site Assessment Process, vol. 11.04,

approved May 10, 2000. April 15, 1994.

b) U.S. Government Printing Office, Superintendent of Documents, Washington,

D.C. 20402. (202) 783-3238

"Test Methods for Evaluating Solid Wastes, Physical/Chemical Methods,"

USEPA Publication No. SW-846 (Third Edition (September 1986), as

amended by Updates I, IIA, III, and IIIA (April 1998)). Doc. No. 955-001-

00000-1.I (July 1992)).

c) NTIS.

National Technical Information Service, 5285 Port Royal Road,

Springfield, VA 22161. (703) 605-6000 or 1-800-553-6847 (703) 487-4600

---

 

24

"Methods for the Determination of Metals in Environmental Samples,"

EPA Publication No. EPA/600/4-91/010 (June 1991);

“Methods for the Determination of Metals in Environmental Samples,

Supplement I,” EPA Publication No. EPA/600/R-94/111 (May 1994);

"Methods for the Determination of Organic Compounds in Drinking

Water," EPA Publication No. EPA/600/4-88/039 (December 1988)

(revised July 1991);

"Methods for the Determination of Organic Compounds in Drinking

Water, Supplement II," EPA Publication No. EPA/600/R-92/129 (August

1992);

"Methods for the Determination of Organic Compounds in Drinking

Water, Supplement III," EPA Publication No. EPA/600/R-95/131 (August

1995).

d) United States Environmental Protection Agency, Office of Emergency and

Remedial Response, Washington, D.C. 20460.

"A Compendium of Superfund Field Operations Methods," EPA/540/0-

87-001, OSWER Directive 9355.0-14 (December 1987);

"Subsurface Characterization and Monitoring Techniques: A Desk

Reference Guide, Volume I: Solids and Ground Water, Appendices A and

B," EPA/625/R-93/003a (May 1993);

"Subsurface Characterization and Monitoring Techniques: A Desk

Reference Guide, Volume II: The Vadose Zone, Field Screening and

Analytical Methods, Appendices C and D," EPA/625/R-93/003b (May

1993).

(Source: Amended at ____ Ill. Reg. __________, effective __________.)

SUBPART D: SITE INVESTIGATIONS, DETERMINATION OF REMEDIATION

OBJECTIVES, PREPARATION OF PLANS AND REPORTS

Section 740.405 Conduct of Site Activities and Preparation of Plans and Reports by

Licensed Professional Engineer (LPE)

a) All remediation site activities shall be conducted by, or under the supervision of, a

Licensed Professional Engineer (LPE). All plans and reports submitted for

review and evaluation shall be prepared by, or under the supervision of, an LPE.

b) To the extent authorized by the Professional Geologist Licensing Act [225 ILCS

745], a Licensed Professional Geologist (LPG) may conduct remediation

activities under the supervision of an LPE.

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25

c) All plans and reports submitted for review and evaluation shall be prepared by, or

under the supervision of, an LPE.

(Source: Amended at ____ Ill. Reg. __________, effective __________.)

Section 740.410 Form and Delivery of Plans and Reports, Signatories and Certifications

a) All plans and reports prepared under this Part shall be submitted to the Agency on

forms prescribed and provided by the Agency with attachments and

accompanying documentation as necessary. Plans and reports shall be mailed or

delivered to the address designated by the Agency on the forms. Plans and

reports that are hand-delivered to the Agency shall be delivered during the

Agency's normal business hours.

b) All plans and reports submitted to the Agency shall include:

1) The full legal name, address and telephone number of the Remediation

Applicant (RA) or any authorized agent acting on behalf of the RA, and

any contact persons to whom inquiries and correspondence must be

addressed;

2) The original signature of the RA or of any authorized agent acting on

behalf of the RA;

3)

The name of the LPE responsible for site activities and preparation of the

plan or report, the date of preparation, registration number, license

expiration date, and professional seal; and

 

3) The names, registration numbers, license expiration dates, and

professional seals of:

 

i) the LPE and/or LPG performing the remediation site activities and

preparing the plan or report; and

 

ii) the LPE responsible for supervising the remediation site activities

and preparing the plan or report.

 

4) Except as provided in subsection (c) belowof this Section, the LPE

responsible for the site investigations, remedial activities, and preparation

of the plans or reports shall affirm by original signature as follows:

“I attest that all site investigations or remedial activities that are the

subject of this plan or report were performed under my direction and this

document and all attachments were prepared under my direction or

reviewed by me, and, to the best of my knowledge and belief, the work

described in the plan or report has been designed or completed in

accordance with the Act, 35 Ill. Adm. Code 740, and generally accepted

---

 

26

engineering practices, and the information presented is accurate and

complete.”

c) If the investigation relies in whole or in part upon investigations or remedial

activities conducted before the affirming LPE's assumption of responsibility for

site activities, then the LPE is not required to affirm that those portions of the

investigation or remedial activities were carried out under his or her direction.

However, the LPE shall review the documentation of the prior investigations or

remedial activities and evaluate their suitability for compliance with Title XVII of

the Act and this Part. Such information may be submitted to the Agency for

consideration along with the LPE's written evaluation of suitability, but the

Agency shall not be required to accept the information as evidence of compliance

with any requirements of the Act or this Part.

d) The

RA may elect to prepare and submit for review and approval any and all

reports and plans required under this

Part

individually following the completion

of each such activity

or

concurrently following the completion of all activities, or

in any other combination.

[415 ILCS 5/58.6(f)] RA MAY ELECT TO PREPARE

AND SUBMIT FOR REVIEW AND APPROVAL ANY AND ALL REPORTS

AND PLANS REQUIRED UNDER THIS PART INDIVIDUALLY

FOLLOWING THE COMPLETION OF EACH SUCH ACTIVITY OR

CONCURRENTLY FOLLOWING THE COMPLETION OF ALL ACTIVITIES,

OR IN ANY OTHER COMBINATION (Section 58.6(f) of the Act)

(Source: Amended at ____ Ill. Reg. __________, effective __________.)

Section 740.415 Site Investigation -- General

A site investigation shall be performed under this Part to identify, as indicated within the RA's

application for review and evaluation services, all or specified recognized environmental

conditions existing at the remediation site, the related contaminants of concern, and associated

factors that will aid in the identification of risks to human health, safety and the environment, the

determination of remediation objectives, and the design and implementation of a Remedial

Action Plan.

a) If the RA has elected under the application for review and evaluation services to

obtain a No Further Remediation Letter covering all recognized environmental

conditions and related contaminants of concern for the remediation site, then the

procedures provided under Sections 740.420 and 740.425 of this Part shall be

followed.

b) If the RA has elected under the application for review and evaluation services to

obtain a No Further Remediation Letter covering a limited number of recognized

environmental conditions and related contaminants of concern as specified by the

RA, then the procedures at Sections 740.430 and 740.435 of this Part shall be

followed.

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27

c) The RA may revise an election at anytime by initiating a modification of the

Review and Evaluation Services Agreement under Section 740.220 of this Part

and performing the appropriate site investigation, if necessary.

d) Site investigations shall satisfy the following data quality objectives for field and

laboratory operations to ensure that all data is scientifically valid and of known

precision and accuracy:

1) All field sampling activities relative to sample collection, documentation,

preparation, labeling, storage, shipment and security, quality assurance

and quality control, acceptance criteria, corrective action, and

decontamination procedures shall be conducted in accordance with "Test

Methods for Evaluating Solid Waste, Physical/Chemical Methods" (SW-

846), Vol. One, Ch. One (Quality Control) and Vol. Two (Field Manual),

incorporated by reference at Section 740.125 of this Part. If approved by

the Agency, such activities also may be conducted in accordance with

ASTM standards, methods identified in "A Compendium of Superfund

Field Operations Methods" (EPA/540/0-87-001, OSWER Directive

9355.0-14, December 1987), "Subsurface Characterization and Monitoring

Techniques: A Desk Reference Guide, Volume I: Solids and Ground

Water, Appendices A and B" (EPA/625/R-93/003a, May 1993),

"Subsurface Characterization and Monitoring Techniques: A Desk

Reference Guide, Volume II: The Vadose Zone, Field Screening and

Analytical Methods, Appendices C and D" (EPA/625/R-93/003b, May

1993), incorporated by reference at Section 740.125 of this Part, or other

procedures.

2) All field measurement activities relative to equipment and instrument

operation, calibration and maintenance, corrective action, and data

handling shall be conducted in accordance with "Test Methods for

Evaluating Solid Waste, Physical/Chemical Methods" (SW-846), Vol.

One, Ch. One (Quality Control), incorporated by reference at Section

740.125 of this Part, or with an equipment or instrument manufacturer's or

vendor's published standard operating procedures.

3) All laboratory quantitative analysis of samples to determine concentrations

of regulated substances or pesticides shall be conducted fully in

accordance with "Test Methods for Evaluating Solid Waste,

Physical/Chemical Methods" (SW-846), incorporated by reference at

Section 740.125 of this Part, relative to all facilities, equipment and

instrumentation, operating procedures, sample management, test methods,

equipment calibration and maintenance, quality assurance and quality

control, corrective action, data reduction and validation, reporting, and

records management. The practical quantitation limit (PQL) of the test

methods selected must be less than or equal to the most protective Tier 1

soil remediation objectives in 35 Ill. Adm. Code 742.Appendix B,

applicable groundwater remediation objectives under 35 Ill. Adm Code

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28

742.Appendix B, or, if already determined, PQL for the Target Compound

List at Appendix A of this Part, or, if the site remediation objective

concentrations have been determined, the PQL must be less than or equal

to the remediation objective concentrations for the site. If a contaminant

of concern is not identified in Part 742 or the remediation objectives for

the site have not been determined, the PQL shall equal the lowest

concentration that reliably can be achieved within specified limits of

precision and accuracy during routine laboratory operating conditions but

shall not be greater than ten times the method detection limit.

4) All field or laboratory measurements of samples to determine physical or

geophysical characteristics shall be conducted in accordance with ASTM

standards or other procedures as approved by the Agency.

5) All laboratory quantitative analyses of samples to determine

concentrations of any regulated substances or pesticides that require more

exacting detection limits or cannot be analyzed by standard methods

identified in "Test Methods for Evaluating Solid Waste,

Physical/Chemical Methods" (SW-846), incorporated by reference at

Section 740.125 of this Part, shall be conducted in accordance with

analytical protocols developed in consultation with and approved by the

Agency.

6) Effective January 1, 2003, all quantitative analyses of samples collected

on or after that date 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: Amended at ____ Ill. Reg. __________, effective __________.)

Section 740.420 Comprehensive Site Investigation

The comprehensive site investigation is designed to identify all recognized environmental

conditions and all related contaminants of concern that may be expected to exist at a remediation

site. The comprehensive site investigation shall be performed in two phases as set forth below.

a) Unless an alternative is approved by the Agency, the phase I environmental site

assessment shall be designed and implemented in accordance with the procedures

for such assessments set forth in "Standard Practice for Environmental Site

Assessments: Phase I Environmental Site Assessment Process" (ASTM E 1527-

00 1527-94), incorporated by reference at Section 740.125 of this Part.

b) The phase II environmental site assessment shall determine the nature,

concentration, direction and rate of movement, and extent of the contaminants of

concern at the remediation site and the significant physical features of the

remediation site and vicinity that may affect contaminant fate and transport and

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29

risk to human health, safety and the environment. At a minimum, the phase II

environmental site assessment shall include:

1) Sampling, analyses, and field screening measurements indicating the

concentrations of contaminants, if any, from the Target Compound List at

Appendix A of this Part and any other contaminants whose presence has

been indicated by the phase I environmental site assessment. Based on the

phase I environmental site assessment, the Agency may add or delete

contaminants from the Target Compound List for sampling, analyses, and

field screening measurements;

2) Characterization of sources and potential sources of recognized

environmental conditions and the related contaminants of concern,

identifying:

A) The sources or potential sources of contamination;

B) The contaminants of concern;

C) Statutory or regulatory classification of the contaminants of

concern and contaminated materials (e.g., hazardous waste,

hazardous substance, special waste);

3) Characterization of the extent of contaminants of concern, identifying:

A) The actual contaminated medium or media;

B) The three-dimensional configuration of contaminants of concern

with concentrations delineated; and

C) The nature, direction, and rate of movement of the contaminants of

concern;

4) Characterization of present and post-remediation exposure routes,

identifying:

D) All natural and man-made pathways that are on the remediation

site, in rights-of-way attached to the remediation site, or in any

areas surrounding the remediation site that may be adversely

affected as a result of a release (from the recognized environmental

conditions) and whether there is evidence of migration of

contaminants of concern, in either solution or vapors, along such

pathways that may potentially threaten human or environmental

receptors or that may cause explosions in basements, crawl spaces,

utility conduits, storm or sanitary sewers, vaults or other spaces;

E) The locations of any human and environmental receptors and

receptor exposure routes; and

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30

F) Current and post-remediation uses of affected or potentially

affected land, groundwater, surface water, and sensitive habitats;

and

5) Characterization of significant physical features of the remediation site

and vicinity that may affect contaminant fate and transport and risk to

human health, safety and the environment.

(Source: Amended at ____ Ill. Reg. __________, effective __________.)

Section 740.425 Site Investigation Report -- Comprehensive Site Investigation

a) Site investigation results for both phase I and phase II of the comprehensive site

investigation shall be combined into one Site Investigation Report.

b) A Site Investigation Report for a comprehensive site investigation shall include,

but not be limited to, the following chapters:

1) Executive summary. This chapter shall identify the objectives of the site

investigation and the technical approach utilized to meet such objectives.

It shall state whether recognized environmental conditions were identified

and the data limitations in the assessment;

2) Site characterization. This chapter shall include the compilation of all

sources reviewed and information obtained as a result of the site

investigation under Section 740.420 of this Part, including but not limited

to:

A) Sources consulted or reviewed. This subchapter shall contain a list

of reference documents used in completing the site investigation;

B) Site history. This subchapter shall present a chronological

summary of the historic uses of the remediation site as prescribed

by "Standard Practice for Environmental Site Assessments: Phase I

Environmental Site Assessment Process" (ASTM E 1527-00 1527-

94), incorporated by reference at Section 740.125 of this Part;

C) Site description. This subchapter shall describe the regional

location, pertinent boundary features, general facility

physiography, geology, hydrogeology, existing and potential

migration pathways and exposure routes, and current and post-

remediation uses of the remediation site and surrounding areas that

are immediately adjacent to the remediation site;

D) Site base map(s) meeting the requirements of Section

740.210(a)(7) and including the following:

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31

i) The sources or potential sources of the contaminants of

concern, spill areas, and other suspected areas for any or all

contaminants of concern;

ii) On-site and off-site injection and withdrawal wells; and

iii) All buildings, tanks, piles, utilities, paved areas, easements,

rights-of-way and other features, including all known past

and current product and waste underground tanks or piping;

and

E) A legal description or reference to a plat showing the boundaries of

the remediation site;

3) Site-specific sampling plan. This chapter shall indicate those applicable

physical and chemical methods utilized for contaminant source

investigations, soil and sediment investigations, hydrogeological

investigations, surface water investigations, and potential receptor

investigations;

4) Documentation of field activities. This chapter shall include the results of

the field activities to determine physical characteristics. At a minimum,

this chapter shall include the following elements:

A) Narrative description of the field activities conducted during the

investigation;

B) The quality assurance project plan utilized to document all

monitoring procedures (e.g., sampling, field measurements and

sample analyses) performed during the investigation, so as to

ensure that all information, data and resulting decisions are

technically sound, statistically valid, and properly documented;

and

C) Presentation of the data in an appropriate format (e.g., tabular and

graphical displays) such that all information is organized and

presented logically and that relationships between the different

investigations for each medium are apparent;

5) Endangerment assessment. This chapter shall analyze the results of the

field activities and characterize the extent of contamination (qualitative

and quantitative) for contaminants of concern and compare the

remediation site information with the applicable provisions of 35 Ill. Adm.

Code 742. This chapter shall:

A) Describe any recognized environmental conditions, evaluate

exposure routes, including threatened releases, and evaluate

exposure routes excluded under 35 Ill. Adm. Code 742;

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32

B) Describe all conditions the LPE has determined to be de minimis

along with the rationale for each such de minimis determination;

C) Describe the nature, concentration and extent of contaminants of

concern within all environmental media at the remediation site and

assess the observed and potential contaminant fate and transport;

D) Describe the significant physical features of the remediation site

and vicinity that may affect contaminant transport and risk to

human health, safety and the environment; and

E) Compare the concentrations of the contaminants of concern with

the corresponding Tier 1 remediation objectives under 35 Ill. Adm.

Code 742;

6) Conclusion. This chapter shall assess the sufficiency of the data in the

report and recommend future steps;

7) Appendices. References and data sources, including but not limited to

field logs, well logs, and reports of laboratory analyses, shall be

incorporated into the appendices with reports containing laboratory

analyses of samples collected on or after January 1, 2003, including the

following: and

A) Accreditation status of the laboratory performing the quantitative

analyses;

B) Certification by an authorized agent of the laboratory that all

analyses have been performed in accordance with the requirements

of 35 Ill. Adm. Code 186 and the scope of accreditation; and

8) Licensed Professional Engineer affirmation in accordance with Section

740.410 of this Part.

(Source: Amended at ____ Ill. Reg. __________, effective __________.)

Section 740.435 Site Investigation Report -- Focused Site Investigation

a) Data and results from the focused site investigation shall be combined into one

Site Investigation Report.

b) A Site Investigation Report for the focused site investigation shall include the

results and methodologies of the investigation performed pursuant to Section

740.430 of this Part and the following chapters:

1) Executive summary. This chapter shall identify the objectives of the site

investigation and the technical approach utilized to meet such objectives.

It shall state the recognized environmental conditions and related

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33

contaminants of concern specified by the RA and the data limitations in

the assessment;

2) Site description.

A) If a phase I environmental site assessment has been completed in

accordance with Section 740.420(a) of this Part, then the results

may be submitted in accordance with Section 740.425 of this Part;

B) This subchapter shall state the method used for the evaluation of

the remediation site and areas immediately adjacent to the

remediation site and document the observations obtained (e.g., grid

patterns or other systematic approaches used for large properties).

It shall describe the regional location, pertinent boundary features,

general facility physiography, geology, hydrogeology, and current

and post-remediation uses of the remediation site and areas

immediately adjacent to the remediation site;

C) Site base map(s) meeting the requirements of Section

740.210(a)(7) and including the following:

i) The sources or potential sources of the contaminants of

concern, spill areas, and other suspected areas for the

specified contaminants of concern;

ii) On-site and off-site injection and withdrawal wells; and

iii) All buildings, tanks, piles, utilities, paved areas, easements,

rights-of-way and other features, including all known past

and current product and waste underground tanks or piping;

D) A legal description or reference to a plat showing the boundaries of

the remediation site;

3) Enforcement or response actions. This chapter shall include the following

information as relevant to the recognized environmental conditions:

A) A summary of environmental enforcement actions for the

remediation site and areas immediately adjacent to the remediation

site and their subsequent responses;

B) Any previous response actions conducted by either local, State,

federal or private parties at those sites; and

C) A list of documents and studies prepared for those sites;

4) Site-specific sampling plan. This chapter shall indicate those applicable

physical and chemical methods utilized for contaminant source

investigations, soil and sediment investigations, hydrogeological

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34

investigations, surface water investigations, and potential receptor

investigations;

5) Documentation of field activities. This chapter shall include the results of

the field activities to determine physical characteristics. At a minimum,

this chapter shall include the following elements:

A) Narrative description of the field activities conducted during the

investigation;

B) The quality assurance project plan utilized to document all

monitoring procedures (e.g., sampling, field measurements and

sample analysis) performed during the investigation, so as to

ensure that all information, data and resulting decisions are

technically sound, statistically valid, and properly documented;

and

C) Presentation of the data in an appropriate format (e.g., tabular and

graphical displays) such that all information is organized and

presented logically and that relationships between the different

investigations for each medium are apparent;

6) Endangerment assessment. This chapter shall analyze the results of the

field activities and characterize the extent of contamination (qualitative

and quantitative) for contaminants of concern related to the recognized

environmental conditions and compare the site information with the

applicable provisions of 35 Ill. Adm. Code 742. This chapter shall:

A) Describe any recognized environmental conditions, evaluate

exposure routes, including threatened releases, and evaluate

exposure routes excluded under 35 Ill. Adm. Code 742;

B) Describe the nature, concentration and extent of contaminants of

concern within all environmental media at the remediation site and

assess the observed and potential contaminant fate and transport;

C) Describe the significant physical features of the remediation site

and vicinity that may affect contaminant transport and risk to

human health, safety and the environment; and

D) Compare the concentrations of the contaminants of concern with

the corresponding Tier 1 remediation objectives under 35 Ill. Adm.

Code 742;

7) Conclusion. This chapter shall assess the sufficiency of the data in the

report and recommend future steps;

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35

8) Appendices. Supporting documentation, references and data sources,

including, but not limited to, field logs, well logs, and reports of laboratory

analyses, shall be incorporated into the appendices with reports containing

laboratory analyses of samples collected on or after January 1, 2003,

including the following: and

A) Accreditation status of the laboratory performing the quantitative

analyses;

B) Certification by an authorized agent of the laboratory that all

analyses have been performed in accordance with the requirements

of 35 Ill. Adm. Code 186 and the scope of accreditation; and

9) Licensed Professional Engineer affirmation in accordance with Section

740.410 of this Part.

(Source: Amended at ____ Ill. Reg. __________, effective __________.)

Section 740.450 Remedial Action Plan

If the approved remediation objectives for any regulated substance

IF THE APPROVED

REMEDIATION OBJECTIVES FOR ANY REGULATED SUBSTANCE

 

of concern

established under

ESTABLISHED UNDER Sections 740.440 and 740.445 of this Part

are less

than the levels at the

ARE LESS THAN THE LEVELS AT THE remediation

site prior 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 for the

SITE PRIOR 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 FOR THE remediation

site

SITE (Section 58.6(d)

of the Act)[415 ILCS 5/58.6(d)], 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 major components (e.g., treatment, containment, removal actions) of

the Remedial Action Plan;

2) The scope of the 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 of activities with estimated dates of completion through the

recording of the No Further Remediation Letter or execution of an IDOT

MOA under Section 740.621 of this Part or a LUC MOA under Section

740.622 of this Part;

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36

b) Statement of remediation objectives or reference to Remediation Objectives

Report;

c) Remedial technologies selected. This chapter shall describe how each major

remedial technology identified in the Remedial Action Plan fits into the overall

strategy for addressing the recognized environmental conditions at the

remediation site, including but not limited to:

1) Feasibility of implementation;

2) Whether the technologies will perform satisfactorily and reliably until the

remediation objectives are achieved; and

3) Whether remediation objectives will be achieved within a reasonable

period of time;

4) If applicable, a request for a soil management zone under Section 740.535

of this Part describing the steps that will be taken to ensure compliance

with the requirements for soil management zones;

d) Confirmation sampling plan. This chapter shall describe how the effectiveness of

the remedial action will be measured. At a minimum, a site-specific sampling

plan and quality assurance project plan must be prepared in accordance with the

provisions set forth in Section 740.415(d) of this Part;

e) Current and post-remediation use of the property;

f) Applicable engineered barriers, institutional controls, and groundwater

monitoring. This chapter shall describe any such controls selected or relied upon

in determining or achieving remediation objectives, including long-term

reliability, operating and maintenance plans, and monitoring procedures;

g) Appendices. References and other informational sources should be incorporated

into the appendices; and

h) Licensed Professional Engineer affirmation in accordance with Section 740.410

of this Part.

(Source: Amended at ____ Ill. Reg. __________, effective __________.)

Section 740.455 Remedial Action Completion Report

a) Except as provided in subsection (b) below,

upon completion of the Remedial

Action Plan, the RA shall prepare a Remedial Action Completion Report. The

report shall demonstrate whether the remedial action was completed in

accordance with the approved Remedial Action Plan and whether the remediation

objectives, as well as any other requirements of the plan, have been attained.

  

UPON COMPLETION OF THE REMEDIAL ACTION PLAN, THE RA SHALL

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37

PREPARE A REMEDIAL ACTION COMPLETION REPORT. THE REPORT

SHALL DEMONSTRATE WHETHER THE REMEDIAL ACTION WAS

COMPLETED IN ACCORDANCE WITH THE APPROVED REMEDIAL

ACTION PLAN AND WHETHER THE REMEDIATION OBJECTIVES, AS

WELL AS ANY OTHER REQUIREMENTS OF THE PLAN, HAVE BEEN

ATTAINED. (Section 58.6(e)(1) of the Act)[415 ILCS 5/58.6(e)(1)] The report

shall include, but not be limited to:

1) Executive summary. This chapter shall identify the overall objectives of

the remedial action and the technical approach utilized to meet those

objectives, including:

A) A brief description of the remediation site, including the

recognized environmental conditions, the contaminants of concern,

the contaminated media, and the extent of contamination;

B) The major components of the Remedial Action Completion

Report;

C) The scope of the problems corrected or mitigated by the proposed

remedial action(s); and

D) The anticipated post-remediation uses of the remediation site and

areas immediately adjacent to the remediation site;

2) Field activities. This chapter shall provide a narrative description of the:

A) Field activities conducted during the investigation;

B) Remedial actions implemented at the remediation site and the

performance of each remedial technology utilized; and

C) Measures that were taken to ensure compliance with the

requirements for soil management zones under Section 740.535 of

this Part, if a soil management zone was used;

3) Special conditions. This chapter shall provide a description of any:

A) Engineered barriers utilized in accordance with 35 Ill. Adm. Code

742 to achieve the approved remediation objectives;

B) Institutional controls accompanying engineered barriers or

industrial/commercial property uses in accordance with Section

740.450 of this Part and 35 Ill. Adm. Code 742, including a legible

copy of any such controls, as appropriate;

C) Post-remedial monitoring, including:

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38

i) Conditions to be monitored;

ii) Purpose;

iii) Locations;

iv) Frequency; and

v) Contingencies in the event of an exceedence; and

D) Other conditions, if any, necessary for protection of human health

and the environment that are related to the issuance of a No Further

Remediation Letter;

4) Results. This chapter shall analyze the effectiveness of the remedial

actions by comparing the results of the confirmation sampling with the

remediation objectives prescribed in the Agency-approved Remedial

Action Plan. The data shall state the remediation objectives or reference

the Remediation Objectives Report and be presented in an appropriate

format (e.g., tabular and graphical displays) such that all information is

organized and presented logically and that relationships between the

different investigations for each medium are apparent;

5) Conclusion. This chapter shall identify the success meeting objectives.

This chapter shall assess the accuracy and completeness of the data in the

report and, if applicable, future work;

6) Appendices. References, data sources, and a completed environmental

notice form as provided by the Agency shall be incorporated into the

appendices. Field logs, well logs and reports of laboratory analyses shall

be organized and presented logically with reports of laboratory analyses of

samples collected on or after January 1, 2003, including the following: and

A) Accreditation status of the laboratory performing the quantitative

analyses;

B) Certification by an authorized agent of the laboratory that all

analyses have been performed in accordance with the requirements

of 35 Ill. Adm. Code 186 and the scope of accreditation; and

7) Licensed Professional Engineer affirmation in accordance with Section

740.410 of this Part.

b)

If the approved remediation objectives for the regulated substances of concern

established under

IF THE APPROVED REMEDIATION OBJECTIVES FOR

THE REGULATED SUBSTANCES OF CONCERN ESTABLISHED UNDER

Sections 740.440 and 740.445 of this Part

are equal to or above the levels existing

at the site prior to any remedial action, notification and documentation of

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39

such

,ARE EQUAL TO OR ABOVE THE LEVELS EXISTING AT THE SITE

PRIOR TO ANY REMEDIAL ACTION, NOTIFICATION AND

DOCUMENTATION OF SUCH, including a description of any engineered

barriers, institutional controls, and post-remedial monitoring,

shall constitute the

entire Remedial Action Completion Report for purposes of this

SHALL

CONSTITUTE THE ENTIRE REMEDIAL ACTION COMPLETION REPORT

FOR PURPOSES OF THIS Part. (Section 58.6(e)(2) of the Act)[415 ILCS

5/58.6(e)(2)]

(Source: Amended at ____ Ill. Reg. __________, effective __________.)

SUBPART E: SUBMITTAL AND REVIEW OF PLANS AND REPORTS

Section 740.525 Standards for Review of Remedial Action Completion Reports and

Related Activities

When reviewing Remedial Action Completion Reports and related activities, the Agency or the

RELPE shall consider:

a) Whether the report is complete and has been accompanied by the information and

supporting documentation necessary to evaluate the implementation of the

Remedial Action Plan and the attainment of the applicable remediation objectives;

b)

Whether the remedial activities have been completed in accordance with the

approved Remedial Action Plan and whether the applicable remediation

objectives have been attained

WHETHER THE REMEDIAL ACTIVITIES

HAVE BEEN COMPLETED IN ACCORDANCE WITH THE APPROVED

REMEDIAL ACTION PLAN AND WHETHER THE APPLICABLE

REMEDIATION OBJECTIVES HAVE BEEN ATTAINED (Section 58.7(e)(4)

of the Act)[415 ILCS 5/58.7(e)(4)]; and

c) If engineered barriers and institutional controls have been relied on, or if

monitoring is required, whether the long-term maintenance, operation and

enforcement provisions have been established; and .

d) If a soil management zone was used, whether the requirements for the use of soil

management zones have been satisfied.

(Source: Amended at ____ Ill. Reg. __________, effective __________.)

Section 740.535 Establishment of Soil Management Zones

a) 1) The purpose of a soil management zone (SMZ) is to allow consideration

and approval of on-site solutions to on-site soil contamination without

violating the solid waste disposal regulations at 35 Ill. Adm. Code 807 or

811 - 815.

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40

2) The uses of soil management zones include, but are not limited to, the

following:

A) Placement of contaminated soils for structural fill or land

reclamation;

B) Consolidation of contaminated soils within a remediation site; and

C) Removal and re-deposit of contaminated soils following on-site

treatment that has reduced contaminant concentrations.

b) Upon approval by the Agency of a Remedial Action Plan under Subpart E of this

Part, soil that is the subject of a request for a soil management zone shall be

classified as a soil management zone if the Remedial Action Plan demonstrates

that the following requirements will be satisfied:

1) All contaminants of concern within the remediation site shall be identified

by a comprehensive site investigation under Section 740.420 of this Part;

2) The horizontal and vertical dimensions of the soil management zone shall

be defined;

3) The uses of the soil management zone shall be defined;

4) All contaminants of concern within the soil management zone shall satisfy

the requirements of 35 Ill. Adm. Code 742.305(a) through (f);

5) All applicable requirements of 35 Ill. Adm. Code 742 shall be satisfied

within the soil management zone, (e.g., all exposure routes must be

addressed; institutional controls and engineered barriers shall be in full

compliance with 35 Ill. Adm. Code 742.Subparts J and K);

6) The soil management zone shall be constructed, operated and maintained

in a manner that:

A) Prevents odor from occurring;

B) Minimizes fugitive emissions of particulate matter in accordance

with 35 Ill. Adm. Code 212.Subpart K and dust generation;

C) Prevents the generation of potentially contaminated runoff; and

D) Does not provide a breeding place or food source for vectors;

7) Within the soil management zone, management of soil containing

hazardous wastes shall comply with the applicable requirements of the

Resource Conservation and Recovery Act (42 USCA § 6901 - 6992k) and

35 Ill. Adm. Code 700 - 730; and

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41

8) Soil containing contaminants of concern above the concentrations in 35

Ill. Adm. Code 742.Appendix B, Table A (Tier 1 objectives for residential

properties) or approved by the Agency pursuant to 35 Ill. Adm. Code

742.510(c) may not be treated or placed in any area where all

contaminants of concern within the remediation site are at or below the

concentrations in 35 Ill. Adm. Code 742.Appendix B, Table A (Tier 1

objectives for residential properties) or approved by the Agency pursuant

to 35 Ill. Adm. Code 742.510(c).

c) The three-dimensional boundaries of the soil management zone shall be as

defined in the approved Remedial Action Plan. The size of the soil management

zone may be modified in an amended Remedial Action Plan. The soil

management zone may not extend beyond the boundaries of the remediation site.

d) Soil management zones designated under this Section shall remain in effect for

the shortest of the following:

1) A period of time as set forth by the Agency in the Remedial Action Plan

approval letter based on the schedule of activities provided under Section

740.425(a)(3). The time may be revised in an amended Remedial Action

Plan as approved by the Agency;

2) Until an Agreement is terminated under Sections 740.225 or 740.230 of

this Part; or

3) Until the NFR Letter is perfected in accordance with Section 740.620 of

this Part.

e) In addition to any other legal remedies available under the Act and implementing

regulations, the Agency may terminate a soil management zone and require

alternative remediation plans to be submitted in an amended Remedial Action

Plan upon a failure to comply with any requirements of subsection (b) of this

Section.

1) Notice of the termination shall be in accordance with Section 740.215(b)

of this Part and shall state the reasons for the termination.

2) The RA may file an appeal to the Board within 35 days after receipt of the

notice. Appeals to the Board shall be in the manner provided for the

review of permit decisions in Section 40 of the Act.

f) If implementation of an approved Remedial Action Plan with a soil management

zone fails to achieve the remediation objectives developed under Section 740.440

of this Part, alternative soil remediation objectives, and, if necessary, an amended

Remedial Action Plan, shall be developed under Subpart D of this Part.

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42

1) Upon the development of alternative soil remediation objectives, the

Remediation Objectives Report shall be amended accordingly and

submitted to the Agency for review and approval.

2) Upon approval of the Remediation Objective Report, the Remedial Action

Plan shall be amended and submitted to the Agency for review and

approval unless the RA can demonstrate that the alternative soil

remediation objectives have been achieved. In that case, the RA shall

submit a Remedial Action Completion Report documenting the

achievement of the alternative soil remediation objectives.

g) Any otherwise applicable standards or requirements under 35 Ill. Adm. Code 807

or 811 through 815 shall not be applicable to the management of contaminated

soil that is the subject of the soil management zone if:

1) The SMZ is in effect and management of the contaminated soil within the

SMZ is in compliance with the requirements of this Section and the

approved Remedial Action Plan; or

2) A No Further Remediation Letter addressing the contaminants that were

the subject of the SMZ has been perfected under Section 740.620 of this

Part and remains in effect and management of the contaminated soil

within the area formerly encompassed by the SMZ is in compliance with

the terms of that No Further Remediation Letter.

(Source: Added at ____ Ill. Reg. __________, effective __________.)

SUBPART F: NO FURTHER REMEDIATION LETTERS AND RECORDING

REQUIREMENTS

Section 740.605 Issuance of No Further Remediation Letter

 

a) Except as provided in Section 740.615 below,

within 30 days after the Agency's

approval of a Remedial Action Completion Report, the Agency shall issue a No

Further Remediation Letter applicable to the

WITHIN 30 DAYS AFTER THE

AGENCY'S APPROVAL OF A REMEDIAL ACTION COMPLETION

REPORT, THE AGENCY SHALL ISSUE A NO FURTHER REMEDIATION

LETTER APPLICABLE TO THE remediation site.

In the event that the Agency

fails to issue the No Further Remediation Letter within 30 days after approval of

the Remedial Action Completion Report, the No Further Remediation Letter shall

issue by operation of law.

IN THE EVENT THAT THE AGENCY FAILS TO

ISSUE THE NO FURTHER REMEDIATION LETTER WITHIN 30 DAYS

AFTER APPROVAL OF THE REMEDIAL ACTION COMPLETION REPORT,

THE NO FURTHER REMEDIATION LETTER SHALL ISSUE BY

OPERATION OF LAW. (Section 58.10(b) of the Act)[415 ILCS 5/58.10(b)] The

No Further Remediation Letter shall have the legal effect prescribed in Section

58.10 of the Act.

 

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43

b) The No Further Remediation Letter shall be issued only to Remediation

Applicants who have completed all requirements and received final approval of

the Remedial Action Completion Report by the Agency or on appeal.

 

c) The Agency shall mail the No Further Remediation Letter by registered or

certified mail, post-marked with a date stamp and with return receipt requested. If

the RA is not the sole owner of the Remediation Site, the Agency shall send a

copy of the No Further Remediation Letter simultaneously to the owner(s) by first

class mail. Final action shall be deemed to have taken place on the post-marked

date that the letter is mailed.

 

d) The Agency at any time may correct errors in No Further Remediation Letters

arising from oversight, omission or clerical mistake. Upon correction of the No

Further Remediation Letter, the Agency shall mail the corrected letter to the RA,

the property owner(s), or both as set forth in subsection (c) of this Section. The

corrected letter shall become effective and shall be perfected as provided in

Sections 740.620 or 740.621 of this Part.

 

(Source: Amended at ____ Ill. Reg. __________, effective __________.)

 

Section 740.610 Contents of No Further Remediation Letter

a) Except as provided in subsection (b) below,

a No Further Remediation Letter

issued pursuant to

A NO FURTHER REMEDIATION LETTER ISSUED

PURSUANT TO Section 58.10 of the Act

shall be limited to and include all of

the following

SHALL BE LIMITED TO AND INCLUDE ALL OF THE

FOLLOWING:

1)

an acknowledgement that the requirements of the remedial action plan

and the remedial action completion report were satisfied

AN

ACKNOWLEDGEMENT THAT THE REQUIREMENTS OF THE

REMEDIAL ACTION PLAN AND THE REMEDIAL ACTION

COMPLETION REPORT WERE SATISFIED;

 

2)

A description of the

A DESCRIPTION OF THE remediation site

by

adequate legal description or by reference to a plat showing

BY

ADEQUATE LEGAL DESCRIPTION OR BY REFERENCE TO A

PLAT SHOWING the

boundaries

, BOUNDARIES or by other means

sufficient to identify site location with particularity;

 

3)

The level of the remediation objectives, specifying, as appropriate, any

land use limitation imposed as a result of such remediation efforts

THE

LEVEL OF THE REMEDIATION OBJECTIVES, SPECIFYING, AS

APPROPRIATE, ANY LAND USE LIMITATION IMPOSED AS A

RESULT OF SUCH REMEDIATION EFFORTS;

 

4)

A statement that the agency’s issuance of the No Further Remediation

Letter signifies a release from further responsibilities under

A

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44

STATEMENT THAT THE AGENCY’S ISSUANCE OF THE NO

FURTHER REMEDIATION LETTER SIGNIFIES A RELEASE FROM

FURTHER RESPONSIBILITIES UNDER the

act in performing the

approved remedial action and shall be considered prima facie evidence

that the site does not constitute a threat to human health and the

environment and does not require further remediation under the act

ACT

IN PERFORMING THE APPROVED REMEDIAL ACTION AND

SHALL BE CONSIDERED PRIMA FACIE EVIDENCE THAT THE

SITE DOES NOT CONSTITUTE A THREAT TO HUMAN HEALTH

AND THE ENVIRONMENT AND DOES NOT REQUIRE FURTHER

REMEDIATION UNDER THE ACT if

utilized in accordance with the

terms of the No Further Remediation Letter

UTILIZED IN

ACCORDANCE WITH THE TERMS OF THE NO FURTHER

REMEDIATION LETTER. If the remediation site includes a portion of a

larger parcel of property or if the RA has elected to limit the recognized

environmental conditions and related contaminants of concern to be

remediated, or both, the No Further Remediation Letter shall be limited

accordingly by its terms;

 

5)

The prohibition against the use of any

THE PROHIBITION AGAINST

THE USE OF ANY remediation

site in a manner inconsistent with any

land use limitation imposed as a result of such remediation efforts without

additional appropriate remedial activities

SITE IN A MANNER

INCONSISTENT WITH ANY LAND USE LIMITATION IMPOSED AS

A RESULT OF SUCH REMEDIATION EFFORTS WITHOUT

ADDITIONAL APPROPRIATE REMEDIAL ACTIVITIES;

 

6)

A description of any preventive, engineering, and institutional controls

A

DESCRIPTION OF ANY PREVENTIVE, ENGINEERING, AND

INSTITUTIONAL CONTROLS or monitoring

required in the approved

remedial action plan and notification that failure to manage the controls

 

REQUIRED IN THE APPROVED REMEDIAL ACTION PLAN AND

NOTIFICATION THAT FAILURE TO MANAGE THE CONTROLS or

monitoring

in full compliance with the terms of the remedial action plan

may result in voidance of the No Further Remediation Letter

IN FULL

COMPLIANCE WITH THE TERMS OF THE REMEDIAL ACTION

PLAN MAY RESULT IN VOIDANCE OF THE NO FURTHER

REMEDIATION LETTER;

 

7)

The recording obligations pursuant to

THE RECORDING

OBLIGATIONS PURUSANT TO Title XVII of the Act and Section

740.620 of this Part;

 

8)

The opportunity to request a change in the recorded land use pursuant to

 

THE OPPORTUNITY TO REQUEST A CHANGE IN THE RECORDED

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45

LAND USE PURSUANT TO Title XVII of the Act AND Section

740.620(c) of this Part; and

 

9)

Notification that further information regarding the

NOTIFICATION

THAT FURTHER INFORMATION REGARDING THE remediation

site

can be obtained from the agency through a request under the freedom of

information act

SITE CAN BE OBTAINED FROM THE AGENCY

THROUGH A REQUEST UNDER THE FREEDOM OF

INFORMATION ACT [5 ILCS 140]. (Section 58.10(b)(1)-(9) of the Act)

[415 ILCS 5/58.10(b)(1)-(9)]

 

b)

If only a portion of the site or only selected regulated substances

IF ONLY A

PORTION OF THE SITE OR ONLY SELECTED REGULATED

SUBSTANCES or pesticides

at a site were the subject of corrective action

AT A

SITE WERE THE SUBJECT OF CORRECTIVE ACTION, the No Further

Remediation Letter may contain

any other provisions agreed to by the agency and

the RA

ANY OTHER PROVISIONS AGREED TO BY THE AGENCY AND

THE RA. (Section 58.10(b)(10) of the Act)[415 ILCS 5/58.10(b)(10)]

 

(Source: Amended at ____ Ill. Reg. __________, effective __________.)

Section 740.615 Payment of Fees

a)

The Agency may deny

THE AGENCY MAY DENY or void

a No Further

Remediation Letter if fees applicable under the Review and Evaluation Services

Agreement have not been paid in full

A NO FURTHER REMEDIATION

LETTER IF FEES APPLICABLE UNDER THE REVIEW AND EVALUATION

SERVICES AGREEMENT HAVE NOT BEEN PAID IN FULL

.

(Section

58.10(c) of the Act)[415 ILCS 5/58.10(c)] The manner of payment shall be in

accordance with Section 740.320 of this Part.

b) In addition to the fees applicable under the Review and Evaluation Services

Agreement,

the recipient of the

THE RECIPIENT OF THE No Further

Remediation

Letter shall forward to the Agency a No Further Remediation

Assessment in the amount of the lesser of $2500 or an amount equal to the costs

incurred for the site by the Agency under the

LETTER SHALL FORWARD TO

THE AGENCY A NO FURTHER REMEDIATION ASSESSMENT IN THE

AMOUNT OF THE LESSER OF $2500 OR AN AMOUNT EQUAL TO THE

COSTS INCURRED FOR THE SITE BY THE AGENCY UNDER THE

Agreement. (Section 58.10(g) of the Act)[415 ILCS 5/58.10(g)]

1) The No Further Remediation Assessment shall be mailed or delivered to

the Agency at the address designated by the Agency on the request for

payment service forms no later than 45 days following the receipt of the

request for payment. Payments that are hand-delivered shall be delivered

during the Agency's normal business hours.

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46

2) The No Further Remediation Assessment shall be made by check or

money order payable to "Treasurer - State of Illinois for Deposit in the

Hazardous Waste Fund." The check or money order shall include the

Illinois inventory identification number as assigned and the Federal

Employer Identification Number or Social Security Number of the RA.

3) The No Further Remediation Letter shall be voidable in accordance with

Section 740.625 if the No Further Remediation Assessment is not paid

within 45 days after the receipt of the request for payment.

(Source: Amended at ____ Ill. Reg. __________, effective __________.)

Section 740.620 Duty to Record No Further Remediation Letter

a) Except as provided in Sections 740.621 and 740.622 of this Part,

the RA receiving

a No Further Remediation Letter from the Agency pursuant to

THE RA

RECEIVING A NO FURTHER REMEDIATION LETTER FROM THE

AGENCY PURSUANT TO Title XVII of the Act and this Subpart F

shall submit

the letter

SHALL SUBMIT THE LETTER

,

and, where the RA is not the sole

owner of the remediation site, an owner certification in accordance with

subsection (d) below,

to the Office of the Recorder or the Registrar of Titles of the

county in which the

TO THE OFFICE OF THE RECORDER OR THE

REGISTRAR OF TITLES OF THE COUNTY IN WHICH THE remediation

site

is located within 45 days after receipt of the letter

SITE IS LOCATED WITHIN

45 DAYS AFTER RECEIPT OF THE LETTER.

.

(Section 58.8(a) of the

Act)[415 ILCS 5/58.8(a)]

1)

The Office of the Recorder or the Registrar of Titles shall accept and

record that letter

THE OFFICE OF THE RECORDER OR THE

REGISTRAR OF TITLES SHALL ACCEPT AND RECORD THAT

LETTER and, where applicable, the owner certification under subsection

(d)

below in accordance with Illinois law so that it forms a permanent part

of the chain of title for the site.

BELOW IN ACCORDANCE WITH

ILLINOIS LAW SO THAT IT FORMS A PERMANENT PART OF THE

CHAIN OF TITLE FOR THE SITE

.

(Section 58.8(a) of the Act)[415

ILCS 5/58.8(a)]

2)

In the event that a No Further Remediation Letter issues by operation of

law pursuant to

IN THE EVENT THAT A NO FURTHER

REMEDIATION LETTER ISSUES BY OPERATION OF LAW

PURSUANT TO Title XVII of the Act and this Subpart F,

the RA may

THE RA MAY record

an affidavit stating that the letter issued by

operation of law

AN AFFIDAVIT STATING THAT THE LETTER

ISSUED BY OPERATION OF LAW

.

(Section 58.8 (d) of the Act)[415

ILCS 5/58.8(d)] Attached to the affidavit shall be the following

information:

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47

A) An acknowledgment that the requirements of the Remedial Action

Plan and the Remedial Action Completion Report were satisfied;

B) A description of the location of the remediation site by adequate

legal description or by reference to a plat showing its boundaries;

C) The level of the remediation objectives, specifying, as appropriate,

any land use limitation imposed as a result of such remediation

efforts;

D) A statement that the No Further Remediation Letter signifies a

release from further responsibilities under the Act in performing

the approved remedial action and shall be considered prima facie

evidence that the following, as identified in the scope of work and

the approved Remedial Action Plan, does not constitute a threat to

human health and the environment and does not require further

remediation under the Act if utilized in accordance with the terms

of the No Further Remediation Letter:

i) The remediation site;

ii) Selected recognized environmental conditions and related

contaminants of concern at the remediation site; and

iii) A combination of (D)(i) or (D)(ii) above;

E) The prohibition against the use of any remediation site in a manner

inconsistent with any property use limitation imposed as a result of

such remediation efforts without additional appropriate remedial

activities;

F) A description of any preventive, engineering, and institutional

controls or monitoring required in the approved Remedial Action

Plan and notification that failure to manage the controls or

monitoring in full compliance with the terms of the Remedial

Action Plan may result in voidance of the No Further Remediation

Letter;

G) The opportunity to request a change in the recorded land use

pursuant to Title XVII of the Act and subsection (c) below;

H) Notification that further information regarding the remediation site

can be obtained from the Agency through a request under the

Freedom of Information Act [5 ILCS 140] ; and

I) An owner certification in accordance with subsection (d) below,

where applicable.

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48

b) Except as provided in Sections 740.621 and 740.622 of this Part,

a No Further

Remediation Letter

A NO FURTHER REMEDIATION LETTER or the affidavit

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

recording of the 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 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.

shall not become effective until officially recorded

 

along with the owner certification under subsection (d) below, where applicable,

in accordance with subsection (a) above. (Section 58.8(b) of the Act) The RA

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

the letter or affidavit and the owner certification under subsection (d) below,

where applicable, demonstrating that the recording requirements have been

satisfied.

c)

At no time shall any

AT NO TIME SHALL ANY remediation

site for which a

land use limitation has been imposed as a result of remediation activities under

Title XVII of the Act be used in a manner inconsistent with the land use limitation

unless further investigation or remedial action has been conducted that

documents the attainment of objectives appropriate for the new land use and a

new

SITE FOR WHICH A LAND USE LIMITATION HAS BEEN IMPOSED

AS A RESULT OF REMEDIATION ACTIVITIES UNDER TITLE XVII OF

THE ACT BE USED IN A MANNER INCONSISTENT WITH THE LAND

USE LIMITATION UNLESS FURTHER INVESTIGATION OR REMEDIAL

ACTION HAS BEEN CONDUCTED THAT DOCUMENTS THE

ATTAINMENT OF OBJECTIVES APPROPRIATE FOR THE NEW LAND

USE AND A NEW No Further Remediation

Letter obtained and recorded in

accordance with

LETTER OBTAINED AND RECORDED IN ACCORDANCE

WITH Title XVII of the Act and this Part. (Section 58.8(c) of the Act)[415 ILCS

5/58.8(c)]

d) Where the RA is not the sole owner of the remediation site, the RA shall obtain

the certification by original signature of each owner, or the authorized agent of the

owner(s), of the remediation site or any portion thereof who is not an RA. The

certification shall be recorded in accordance with this Section, along with the No

Further Remediation Letter or an affidavit under subsection (a)(2) above. The

certification shall read as follows:

I hereby certify that I have reviewed the attached No Further Remediation Letter

[or "affidavit" if filed under subsection (a)(2) above], and that I accept the terms

and conditions and any land use limitations set forth in the letter [or "affidavit"].

(Source: Amended at ____ Ill. Reg. __________, effective __________.)

Section 740.621 Requirements for No Further Remediation Letters Issued to Illinois

Department of Transportation Remediation Sites Located in Rights-of-

Way

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49

a) To perfect a No Further Remediation Letter for a remediation site of the Illinois

Department of Transportation (IDOT) located in whole or in part in an IDOT

right-of-way, IDOT shall enter into a Memorandum of Agreement (MOA) with

the Agency. If IDOT and the Agency have entered into a master MOA, the

parties' addition of the site to the master agreement shall satisfy the requirements

of this Section. The MOA shall include, but is not limited to:

1) The name of the remediation site, if any, and any IDOT and Agency

identifiers (e.g., incident number, Illinois inventory identification

number);

2) The address of the remediation site (or other description sufficient to

identify the location of the site with certainty);

3) A copy of the NFR Letter for each site subject to the MOA;

4) Procedures for tracking remediation 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 remediation site;

5) Provisions addressing future conveyances (including title or any lesser

form of interest) or jurisdictional transfers of the remediation 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:

A) Upon creation of a deed, the recording of the NFR 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 of recording;

B) 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 Remedial Action Plan

and the NFR Letter;

C) 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 Remedial Action Plan and NFR Letter; and

6) Provisions for notifying the Agency if any actions taken by IDOT or its

permittees at the remediation site result in the failure or inability to restore

the remediation site to meet the requirements of the Remedial Action Plan

and the NFR Letter.

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50

b) An NFR Letter issued to an IDOT remediation site in an IDOT right-of-way shall

be incorporated into a MOA within 45 days after its receipt.

c) At no time shall any remediation site for which a land use limitation has been

imposed as a result of remediation activities under Title XVII of the Act be used

in a manner inconsistent with the land use limitation unless further investigation

or remedial action has been conducted that documents the attainment of

objectives appropriate for the new land use and a new No Further Remediation

Letter obtained. If title to the remediation site remains with IDOT, the new No

Further Remediation Letter shall be incorporated into the MOA and the MOA

amended accordingly.

d) In addition to any other legal remedies that may be available, failure to comply

with the requirements of this Section may result in voidance of the No Further

Remediation Letter in accordance with Section 740.625 of this Part.

(Source: Added at ____ Ill. Reg. __________, effective __________.)

Section 740.622 Requirements for Perfection of No 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 of Agreement

(“LUC MOA”) with the Agency that requires the Federal Landholding

Entity to do, at a minimum, the following:

A) Identify the location of 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 identifies 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;

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51

 

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 simply 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 with confirmation of recording 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 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.

 

b) 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.

 

(Source: Added at ____ Ill. Reg. __________, effective __________.)

Section 740.625 Voidance of No Further Remediation Letter

a)

The No Further Remediation Letter shall be voidable if the

THE NO FURTHER

REMEDIATION LETTER SHALL BE VOIDABLE IF THE remediation

site

activities are not managed in full compliance with the provisions of

SITE

ACTIVITIES ARE NOT MANAGED IN FULL COMPLIANCE WITH THE

PROVISIONS OF Title XVII of the Act, this Part,

or the approved Remedial

Action Plan or 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

OR THE APPROVED REMEDIAL ACTION PLAN OR REMEDIATION

OBJECTIVES UPON WHICH THE ISSUANCE OF THE NO FURTHER

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52

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 violation of institutional controls or land use restrictions, if

applicable

ANY VIOLATION OF INSTITUTIONAL CONTROLS OR

LAND USE RESTRICTIONS, IF APPLICABLE

;

2)

The failure of the owner, operator, RA, or any subsequent transferee to

operate and maintain preventive or engineering controls or to comply with

a groundwater monitoring plan, if applicable

THE FAILURE OF THE

OWNER, OPERATOR, RA, OR ANY SUBSEQUENT TRANSFEREE

TO OPERATE AND MAINTAIN PREVENTIVE OR ENGINEERING

CONTROLS OR TO COMPLY WITH A GROUNDWATER

MONITORING PLAN, IF APPLICABLE

;

 

3)

The disturbance or removal of contamination that has been left in place in

accordance with the Remedial Action Plan

. THE DISTURBANCE OR

REMOVAL OF CONTAMINATION THAT HAS BEEN LEFT IN

PLACE IN ACCORDANCE WITH THE REMEDIAL ACTION PLAN.

Access to soil contamination may be allowed if, during and after any

access, public health and the environment are protected consistent with the

Remedial Action Plan;

4)

The failure to comply with the recording requirements of

THE FAILURE

TO COMPLY WITH THE RECORDING REQUIREMENTS OF Title

XVII of the Act and Section 740.620 of this Part;

5)

Obtaining the No Further Remediation Letter by fraud or

misrepresentation

OBTAINING THE NO FURTHER REMEDIATION

LETTER BY FRAUD OR MISREPRESENTATION;

6)

Subsequent discovery of contaminants not identified as part of the

investigative or remedial activities upon which the issuance of the No

Further Remediation Letter was based, that pose a threat to human health

or the environment

SUBSEQUENT DISCOVERY OF CONTAMINANTS

NOT IDENTIFIED AS PART OF THE INVESTIGATIVE OR

REMEDIAL ACTIVITIES UPON WHICH THE ISSUANCE OF THE

NO FURTHER REMEDIATION LETTER WAS BASED, THAT POSE

A THREAT TO HUMAN HEALTH OR THE ENVIRONMENT;

7)

The failure to pay the No Further Remediation Assessment required under

 

THE FAILURE TO PAY THE NO FURTHER REMEDIATION

ASSESSMENT REQUIRED UNDER Section 740.615(b) of this Part;

(Section 58.10(e) of the Act)[415 ILCS 5/58.10(e)]

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53

8) The failure to pay in full the applicable fees under the Review and

Evaluation Services Agreement within 45 days after receiving a request

for final payment under Section 740.310 of this Part;

9) The failure to comply with the requirements of Section 740.621 of this

Part for No Further Remediation Letters issued to remediation sites of the

Illinois Department of Transportation (IDOT) located in IDOT rights-of-

way;

10) The failure to comply 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 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

11) The failure to comply with the notice or confirmation requirements of 35

Ill. Adm. Code 742.1010(b)(3), 742.1015(b)(5) or 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

remediation

site and to the RA at his or her

last known address

IF THE AGENCY SEEKS TO VOID A NO FURTHER

REMEDIATION LETTER, IT SHALL PROVIDE NOTICE TO THE

CURRENT TITLE HOLDER OF THE REMEDIATION SITE AND TO THE

RA AT HIS OR HER LAST KNOWN ADDRESS

.

(Section 58.10(f) of the

Act)[415 ILCS 5/58.10(f)]

1)

The notice shall specify the cause for the voidance and describe facts in

support of that cause.

THE NOTICE SHALL SPECIFY THE CAUSE

FOR THE VOIDANCE AND DESCRIBE FACTS IN SUPPORT OF

THAT CAUSE (Section 58.10(f) of the Act)[415 ILCS 5/58.10(f)]

2) The Agency shall mail notices of voidance by registered or certified mail,

date stamped with return receipt requested.

c)

Within 35 days after the receipt of the Notice of Voidance, the RA or current title

holder

WITHIN 35 DAYS AFTER THE RECEIPT OF THE NOTICE OF

VOIDANCE, THE RA OR CURRENT TITLE HOLDER of the remediation site

may appeal the Agency's decision to the Board in the manner provided for the

review of permits in Section 40 of this Act. 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 any such action.

MAY APPEAL THE AGENCY'S

DECISION TO THE BOARD IN THE MANNER PROVIDED FOR THE

REVIEW OF PERMITS IN SECTION 40 OF THIS ACT. IF THE BOARD

FAILS TO TAKE FINAL ACTION WITHIN 120 DAYS, UNLESS SUCH

TIME PERIOD IS WAIVED BY THE PETITIONER, THE PETITION SHALL

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54

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 ANY SUCH ACTION (Section 58.10(f)(1) of the Act)[415 ILCS

5/58.10(f)(1)]

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 reached

by the Board or courts

IF THE AGENCY'S ACTION IS APPEALED,

THE ACTION SHALL NOT BECOME EFFECTIVE UNTIL THE

APPEAL PROCESS HAS BEEN EXHAUSTED AND A FINAL

DECISION REACHED BY THE BOARD OR COURTS

.

(Section

58.10(f)(3) of the Act)[415 ILCS 5/58.10(f)(3)]

A)

Upon receiving a notice of appeal, the Agency shall file a notice of

lis pendens with the Office of the Recorder or the Registrar of

Titles for the county in which the

UPON RECEIVING A NOTICE

OF APPEAL, THE AGENCY SHALL FILE A NOTICE OF LIS

PENDENS WITH THE OFFICE OF THE RECORDER OR THE

REGISTRAR OF TITLES FOR THE COUNTY IN WHICH THE

remediation

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

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

.

(Section 58.10(f)(4) of the Act)[415 ILCS 5/58.10(f)(4)]

B)

If the Agency's action is not upheld on appeal, the notice of lis

pendens shall be removed in accordance with Illinois law within

45 days after receipt of the final decision of the Board or the

courts.

IF THE AGENCY'S ACTION IS NOT UPHELD ON

APPEAL, THE NOTICE OF LIS PENDENS SHALL BE

REMOVED IN ACCORDANCE WITH ILLINOIS LAW

WITHIN 45 DAYS AFTER RECEIPT OF THE FINAL

DECISION OF THE BOARD OR THE COURTS (Section

58.10(f)(4) of the Act)[415 ILCS 5/58.10(f)(4)]

2)

If the Agency's action is not appealed, 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

IF THE AGENCY'S ACTION IS NOT APPEALED, 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

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55

THAT IT FORMS A PERMANENT PART OF THE CHAIN OF TITLE

FOR THE SITE

.

(Section 58.10(f)(2) of the Act)[415 ILCS 5/58.10(f)(2)]

(Source: Amended at ____ Ill. Reg. __________, effective __________.)

SUBPART H: REQUIREMENTS RELATED TO SCHOOLS

Section 740.800 General

  

 

a) The purpose of Subpart 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, thereby protecting

human health and the environment.

 

b) For the purposes of this Subpart, the term “school” means any public educational

facility in Illinois, including grounds and/or campus, consisting of students,

comprising one or more grade groups or other identifiable groups, organized as

one unit with one or more teachers to give instruction of a defined type. Public

educational facility includes, but

is not limited to, primary and secondary

(kindergarten – 12th grade), charter, vocational, alternative, and special education

schools. Public educational facility does not include junior colleges, colleges, or

universities.

 

(Source: Added at ____ Ill. Reg. __________, effective __________.)

 

Section 740.805 Requirements Prior to Public Use

 

A remediation site, or any building or structures contained within the boundary lines of

the site, that is enrolled in the Site Remediation Program and is intended for future use

as a school shall not be made 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 of the Environmental Protection Act [415 ILCS 5/58.15].

 

(Source: Added at ____ Ill. Reg. __________, effective __________.)

 

Section 740.810 Engineered Barriers and Institutional Controls

 

a) The RA or any subsequent transferee of a remediation site subject to this Subpart

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

days before every fifth anniversary of the date of issuance of the NFR Letter. The

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

all engineered barriers and institutional controls required by the Remedial Action

Plan and the NFR Letter has been maintained.

 

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56

1) The LPE shall prepare a report on the results of the inspection, itemizing

each engineered barrier and institutional control and whether or not the

effectiveness of each engineered barrier and institutional control has been

maintained. If the effectiveness of any engineered barrier or institutional

control has been compromised, the LPE shall describe the nature of the

defects.

 

2) The LPE responsible for the site inspection and preparation of the report

shall affirm by original signature as follows:

 

“I attest that the inspection of the remediation site to confirm the

effectiveness of the engineered barriers and institutional controls required

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;

 

B) To the best of my knowledge and belief, the work and conclusions

described in this report are in accordance with the requirements of

35 Ill. Adm. Code 740 and 742, the site’s Remedial Action Plan

and NFR Letter, and generally accepted engineering practices; and

 

C) The information presented in accurate and complete.

 

2) The LPE’s report shall be submitted to the Agency no later than every

fifth anniversary of the date of issuance of the NFR Letter.

 

b) The Agency may void the NFR Letter in accordance with Section740.625 if:

 

1) An LPE’s report is not submitted to the Agency by any fifth anniversary

of the date of issuance of the NFR Letter; or

 

2) The LPE’s report indicates that the effectiveness of any engineered barrier

or institutional control has not been maintained.

 

c) The requirements of this 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 used as a

school site.

 

d) If the site is transferred to a third-party, the transferor of the site is required to

notify the Agency of such changes.

 

(Source: Added at ____ Ill. Reg. __________, effective __________.)

 

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57

Section 740.815 Public Notice of Site Remedial Action Plan

 

a) No later than 10 days after receipt of the Agency’s notice of acceptance into the

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

school, the RA shall mail written notice to interested and affected persons, public

officials and organizations of the site’s enrollment into the program. For

assistance in determining who an interested and affected person may be, an RA

may look to the Agency guidance document on community relations,

“Community Relations in the Site Remediation Program”.

 

b) The notice shall, at a minimum, contain the following information:

 

1) Name and address of the RA;

 

2) The location and boundary lines of the remediation site;

 

3) A description of the intended use of the site (

e.g.

, building, playgrounds,

athletic fields);

 

4) A description of the surrounding land uses;

 

5) A description of the site history including past uses;

 

6) To the extent known, the nature and extent of the recognized

environmental conditions and related contaminant of concern identified at

the remediation site;

 

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

Program, will be undergoing environmental site investigations, and may

require environmental remediation prior to use as a school site;

 

8) The name of a contact person and telephone number where that person

may be reached; and

 

9) The location and hours of the repository established pursuant to Section

740.820 of this Part.

 

(Source: Added at ____ Ill. Reg. __________, effective __________.)

 

Section 740.820 Establishment of Document Repository

 

No later than 10 days after receipt of the Agency’s notice of acceptance 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

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58

affected persons. The RA shall update the repository promptly and continuously as

documents are generated throughout the remediation process.

 

(Source: Added at ____ Ill. Reg. __________, effective __________.)

 

Section 740.825 Fact Sheet

No later than 10 days after submission to the Agency of a Remedial Action Plan for a

remediation site intended for future use as a school, the RA shall mail to interested and affected

persons, public officials, and organizations a Fact Sheet. For assistance in determining who an

interested and affected person may be, an RA may look to the Agency guidance document on

community relations, “Community Relations in the Site Remediation Program”. The Fact Sheet

shall contain the following information:

a) The location and boundary lines of the remediation site;

b) A site history;

c) A description of the intended use of the site (e.g., buildings, playgrounds, athletic

fields);

d) A description of the surrounding land uses;

e) The nature and extent of the recognized environmental conditions and related

contaminants of concern identified at the remediation site;

f) A description of the steps that are proposed in the Remedial Action Plan to

address the recognized environmental conditions and related contaminants of

concern;

g) The nature of the NFR Letter requested (e.g., focused or comprehensive, reliance

on engineered barriers or institutional controls);

h) The name of a contact person and telephone number where that person may be

reached to answer questions and to arrange for meetings with concerned members

of the community; and

i) The location and hours of the repository established pursuant to Section 740.820

of this Part.

(Source: Added at ____ Ill. Reg. __________, effective __________.)

 

 

 

 

---

 

59

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Section 740.APPENDIX A Target Compound List

 

Section 740.Table A Volatile Organics Analytical Parameters and Required Quantitation Limits

 

 

CAS No.

 

Compound

 

Water (μg/L)

 

Soil (μg/Kg)

 

Method

74-87-3

Chloromethane

10

10

8260B 8260A

74-83-9

Bromomethane

10

10

8260B 8260A

75-01-4

Vinyl Chloride

10

10

8260B 8260A

75-00-3

Chloroethane

10

10

8260B 8260A

75-09-2

Methylene Chloride

10

10

8260B 8260A

67-64-1

Acetone

10

10

8260B 8260A

75-15-0

Carbon Disulfide

10

10

8260B 8260A

75-35-4

1,1-Dichloroethene

10

10

8260B 8260A

75-34-3

1,1-Dichloroethane

10

10

8260B 8260A

540-59-0

1,2-Dichloroethene (total)

10

10

8260A

156-59-2

Cis-1,2-Dichloroethene

  

  

8260B

---

 

60

156-60-5

Trans-1,2-Dichloroethene

  

  

8260B

67-66-3

Chloroform

10

10

8260B 8260A

107-06-2

1,2-Dichloroethane

10

10

8260B 8260A

78-93-3

2-Butanone

10

10

8260B 8260A

71-55-6

1,1,1-Trichloroethane

10

10

8260B 8260A

56-23-5

Carbon Tetrachloride

10

10

8260B 8260A

75-27-4

Bromodichloromethane

10

10

8260B 8260A

78-87-5

1,2-Dichloropropane

10

10

8260B 8260A

10061-01-5

cis-1,3-Dichloropropene

10

10

8260B 8260A

79-01-6

Trichloroethene

10

10

8260B 8260A

124-48-1

Dibromochloromethane

10

10

8260B 8260A

79-00-5

1,1,2-Trichloroethane

10

10

8260B 8260A

71-43-2

Benzene

10

10

8260B 8260A

10061-02-6

trans-1,3-Dichloropropene

10

10

8260B 8260A

75-25-2

Bromoform

10

10

8260B 8260A

1634-04-4

Methyl Tertiary-Butyl Ether

  

  

8260B

108-10-1

4-Methyl-2-pentanone

10

10

8260B 8260A

591-78-6

2-Hexanone

10

10

8260B 8260A

127-18-4

Tetrachloroethene

10

10

8260B 8260A

108-88-3

Toluene

10

10

8260B 8260A

79-34-5

1,1,2,2-Tetrechloroethane

10

10

8260B 8260A

108-90-7

Chlorobenzene

10

10

8260B 8260A

100-41-4

Ethylbenzene

10

10

8260B 8260A

100-42-5

Styrene

10

10

8260B 8260A

1330-20-7

Xylenes (total)

10

10

8260B 8260A

 

Required Quantitation Limits for soil are based on wet weight. Normally data is reported on a dry weight basis; therefore,

Reporting Limits will be higher, based on the percent dry weight in each sample. The laboratory shall report nonsurrogate

components, tentatively identified by library search conducted per the guidelines contained in the analytical method.

 

(Source: Amended at ____ Ill. Reg. __________, effective __________.)

 

 

 

 

 

 

 

 

Section 740.Table B Semivolatile Organic Analytical Parameters and Required Quantitation Limits

 

 

CAS No.

 

Compound

 

Water (μg/L)

 

Soil (μg/Kg)

 

Method

108-95-2

Phenol

10

660

8270C 8270A

111-44-4

bis(2-Chloroethyl) ether

10

660

8270C 8270A

95-57-8

2-Chlorophenol

10

660

8270C 8270A

95-50-1

1,2-Dichlorobenzene

10

660

8270C 8270A

541-73-1

1,3-Dichlorobenzene

10

660

8270C 8270A

106-46-7

1,4-Dichlorobenzene

10

660

8270C 8270A

95-48-7

2-Methylphenol

10

660

8270C 8270A

108-60-1

2,2'-oxybis (1-chloropropane)

10

660

8270C 8270A

106-44-5

4-Methylphenol

10

660

8270C 8270A

621-64-7

N-Nitroso-di-n-propylamine

10

660

8270C 8270A

67-72-1

Hexachloroethane

10

660

8270C 8270A

98-95-3

Nitrobenzene

10

660

8270C 8270A

78-59-1

Isophorone

10

660

8270C 8270A

88-75-5

2-Nitrophenol

10

660

8270C 8270A

---

 

61

105-67-9

2,4-Dimethylphenol

10

660

8270C 8270A

111-91-1

bis(2-Chloroethoxy) methane

10

660

8270C 8270A

120-83-2

2,4-Dichlorophenol

10

660

8270C 8270A

120-82-1

1,2,4-Trichlorobenzene

10

660

8270C 8270A

91-20-3

Naphthalene

10

660

8270C 8310

8270A

106-47-8

4-Chloroaniline

10

660

8270C 8270A

87-68-3

Hexachlorobutadiene

10

660

8270C 8270A

59-50-7

4-Chloro-3-methylphenol

10

660

8270C 8270A

91-57-6

2-Methylnaphthalene

10

660

8270C 8270A

77-47-4

Hexachlorocyclopentadiene

10

660

8270C 8270A

88-06-2

2,4,6-Trichlorophenol

10

660

8270C 8270A

95-96-4

2,4,5-Trichlorophenol

25

1600

8270C 8270A

91-58-7

2-Chloronaphthalene

10

660

8270C 8270A

88-74-4

2-Nitroaniline

25

1600

8270C 8270A

131-11-3

Dimethylphthalate

10

660

8270C 8270A

208-96-8

Acenaphthylene

Acenaphthalene

10

660

8270C 8310

8270A

606-20-2

2,6-dinitrotoluene

10

660

8270C 8270A

99-09-2

3-Nitroanaline

25

1600

8270C 8270A

83-32-9

Acenaphthene

10

660

8270C 8310

8270A

51-28-5

2,4-Dinitrophenol

25

1600

8270C 8270A

100-02-7

4-Nitrophenol

25

1600

8270C 8270A

132-64-9

Dibenzofuran

10

330

8270C 8270A

121-14-2

2,4-Dinitrotoluene

10

330

8270C 8270A

84-66-2

Diethylphthalate

10

330

8270C 8270A

7005-72-3

4-Chlorophenyl-phenyl ether

10

330

8270C 8270A

86-73-7

Fluorene Fluorine

10

330

8270C 8310

8270A

100-01-6

4-Nitroaniline

25

1600

8270C 8270A

534-52-1

4,6-Dinitro-2-methylphenol

25

1600

8270C 8270A

86-30-6

N-nitrosodiphenylamine

10

330

8270C 8270A

101-55-3

4-Bromophenyl-phenyl ether

10

330

8270C 8270A

118-74-1

Hexachlorobenzene

10

330

8270C 8270A

87-86-5

Pentachlorophenol

25

1600

8270C 8270A

85-01-8

Phenanthrene

10

660

8270C 8310

8270A

120-12-7

Anthracene

10

10

8270C 8310

8270A

86-74-8

Carbazole

10

660

8270C 8270A

84-74-2

Di-n-butylphthalate

10

660

8270C 8270A

206-44-0

Fluoranthene

10

660

8270C 8310

8270A

129-00-0

Pyrene

10

660

8270C 8310

8270A

85-68-7

Butylbenzylphthalate

10

660

8270C 8270A

91-94-1

3,3'-Dichlorobenzidine

10

660

8270C 8270A

56-55-3

Benzo(a)anthracene

10

660

8270C 8310

8270A

218-01-9

Chrysene

10

660

8270C 8310

8270A

117-81-7

bis(2-Ethylhexyl)phthalate

10

660

8270C 8270A

117-84-0

Di-n-octylphthalate

10

660

8270C 8270A

205-99-2

Benzo(b)fluoranthene

10

660

8270C 8310

8270A

207-08-9

Benzo(k)fluoranthene

10

660

8270C 8310

8270A

50-32-8

Benzo(a)pyrene

10

660

8310 8270A

---

 

62

193-39-5

Indeno(1,2,3-c,d)pyrene

10

660

8270C 8310

8270A

53-70-3

Dibenz(a,h)anthracene

10

660

8310 8270A

191-24-2

Benzo(g,h,i)perylene

10

660

8270C 8310

8270A

 

Required Quantitation Limits for soil are based on wet weight. Normally data is reported on a dry weight basis; therefore,

Reporting Limits will be higher, based on the percent solids in each sample. This is based on a 30-gram sample and GPC

cleanup. The laboratory shall report non surrogate components, tentatively identified by library search conducted per the

guidelines contained in the analytical method.

 

(Source: Amended at ____ Ill. Reg. __________, effective __________.)

 

---

 

63

Section 740.Table C Pesticide and Aroclors Organic Analytical Parameters and Required Quantitation Limits

 

 

CAS No.

 

Compound

 

Water (μg/L)

 

Soil (μg/Kg)

 

Method

319-84-6

alpha-BHC

0.05

8.0

8081A 8081

319-85-7

beta-BHC

0.05

8.0

8081A 8081

319-86-8

delta-BHC

0.05

8.0

8081A 8081

58-89-9

gamma-BHC

0.05

8.0

8081A 8081

76-44-8

Heptachlor

0.05

8.0

8081A 8081

309-00-2

Aldrin

0.05

8.0

8081A 8081

1024-57-3

Heptachlor epoxide

0.05

8.0

8081A 8081

959-98-8

Endosulfan I

0.05

8.0

8081A 8081

60-57-1

Dieldrin

0.10

16.0

8081A 8081

72-55-9

4,4'-DDE

0.10

16.0

8081A 8081

72-20-8

Endrin

0.10

16.0

8081A 8081

33213-65-9

Endosulfan II

0.10

16.0

8081A 8081

72-54-8

4,4'-DDD

0.10

16.0

8081A 8081

1031-07-8

Endosulfan sulfate

0.10

16.0

8081A 8081

50-29-3

4,4'-DDT

0.10

16.0

8081A 8081

72-43-5

Methoxychlor

0.50

80.0

8081A 8081

53494-70-5

Endrin ketone

0.10

16.0

8081A 8081

7421-93-4

Endrin aldehyde

0.10

16.0

8081A 8081

5103-71-9

alpha-Chlordane

0.50

80.0

8081A 8081

5566-34-7

gamma-Chlordane

0.50

80.0

8081A 8081

8001-35-2

Toxaphene

1.0

160.0

8081A 8081

12674-11-2

Aroclor - 1016

0.50

80.0

8082 8081

11104-28-2

Aroclor - 1221

0.50

80.0

8082 8081

11141-16-5

Aroclor - 1232

0.50

80.0

8082 8081

53469-21-9

Aroclor - 1242

0.50

80.0

8082 8081

12672-29-6

Aroclor - 1248

0.50

80.0

8082 8081

11097-69-1

Aroclor - 1254

1.0

160.0

8082 8081

111096-82-5

Aroclor - 1260

1.0

160.0

8082 8081

 

Required Quantitation Limits for soil are based on wet weight. Normally data is reported on a dry weight basis; therefore,

Reporting Limits will be higher, based on the percent solids in each sample.

 

(Source: Amended at ____ Ill. Reg. __________, effective __________.)

---

 

 

Section 740.Table D Inorganic Analytical Parameters and Required Quantitation Limits

 

 

CAS No.

 

Compound

 

Water (μg/L)

 

Soil (μg/Kg)

 

Method

7429-90-5

Aluminum

200

40

6010B/6020

6010A

7440-36-0

Antimony

60

12

6010B/6020

6010A

7440-38-2

Arsenic

10

2

6020/7060A/

7061A/7062

7440-39-3

Barium

200

40

6010B 6010A

7440-41-7

Beryllium

5

1

6010B/6020

6010A

7440-43-9

Cadmium

5

1

6010B/6020

6010A

7440-70-2

Calcium

5000

1000

6010B 6010A

7440-47-3

Chromium

10

2

6010B/6020

6010A

7440-48-4

Cobalt

50

10

6010B/6020

6010A

7440-50-8

Copper

25

5

6010B/6020

6010A

7439-89-6

Iron

100

20

6010B 6010A

7439-92-1

Lead

3

0.6

6020/7421

7239-95-4

Magnesium

5000

1000

6010B 6010A

7439-96-5

Manganese

15

3

6010B/6020

6010A

7439-97-6

Mercury

0.2

0.04

7470A/7471A

7440-02-0

Nickel

40

8

6010B/6020

6010A

7440-09-7

Potassium

5000

1000

6010B 6010A

7782-49-2

Selenium

5

1

7740A/7741A/

7742

7440-22-4

Silver

10

2

6010B/6020

6010A

7440-23-5

Sodium

5000

1000

6010B 6010A

7440-28-0

Thallium

10

2

6020/7841

7440-62-2

Vanadium

50

10

6010B 6010A

7440-66-6

Zinc

20

4

6010B/6020

6010A

57-12-5

Cyanide

10

2

9012A 9012

 

Required Quantitation Limits for soil are based on wet weight. Normally data is reported on a dry weight basis; therefore,

Reporting Limits will be higher, based on the percent dry weight in each sample.

 

(Source: Amended at ____ Ill. Reg. __________, effective __________.)

 

 

 

 

 

IT IS SO ORDERED.

---

 

 

65

 

I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the Board

adopted the above opinion and order on November 1, 2001, by a vote of 6-0.

 

 

  

  

  

  

  

  

 

Dorothy M. Gunn, Clerk

Illinois Pollution Control Board