1. PART 740
    2. SITE REMEDIATION PROGRAM
    3. SUBPART A: GENERAL
    4. Section 740.120Definitions
    5. Section 740.125Incorporations by Reference
    6. a)ASTM. American Society for Testing Materials, 1916 Race Street, Philadelphia, PA 19103. (610) 832-9500
    7. b)U.S. Government Printing Office, Superintendent of Documents, Washington, D.C. 20402. (202) 783-3238
    8. c)NTIS. National Technical Information Service, 5285 Port Royal Road, Springfield, VA 22161. (703) 605-6000 or 1-800-553-6847 (703) 487-4600
    9. d)United States Environmental Protection Agency, Office of Emergency and Remedial Response, Washington, D.C. 20460.
    10. 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.All plan
    11. 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.
    12. All plans and reports submitted for review and evaluation shall be prepared by, or under the supervision of, an LPE.
    13. Section 740.410Form and Delivery of Plans and Reports, Signatories and Certifications
    14. 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
    15. b)All plans and reports submitted to the Agency shall include:
      1. 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. 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
      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:
    16. 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 investi
    17. 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 oth
    18. Section 740.415Site Investigation -- General
    19. 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
    20. 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
    21. 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.
    22. 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. 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 c
      2. 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 Method
      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
      4. 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. 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 Soli
      6. 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 th
    23. Section 740.420Comprehensive Site Investigation
    24. 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: Pha
    25. 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 v
      1. 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 environmen
      2. 2)Characterization of sources and potential sources of recognized environmental conditions and the related contaminants of concern, identifying:
        1. The sources or potential sources of contamination;
        2. The contaminants of concern;
        3. Statutory or regulatory classification of the contaminants of concern and contaminated materials (e.g., hazardous waste, hazardous substance, special waste);
      3. 3)Characterization of the extent of contaminants of concern, identifying:
        1. The actual contaminated medium or media;
        2. The three-dimensional configuration of contaminants of concern with concentrations delineated; and
        3. The nature, direction, and rate of movement of the contaminants of concern;
      4. 4)Characterization of present and post-remediation exposure routes, identifying:
        1. 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 environm
        2. The locations of any human and environmental receptors and receptor exposure routes; and
        3. Current and post-remediation uses of affected or potentially affected land, groundwater, surface water, and sensitive habitats; and
      5. 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.
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    26. Site investigation results for both phase I and phase II of the comprehensive site investigation shall be combined into one Site Investigation Report.
    27. b)A Site Investigation Report for a comprehensive site investigation shall include, but not be limited to, the following chapters:
      1. 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
      2. 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:
        1. Sources consulted or reviewed. This subchapter shall contain a list of reference documents used in completing the site investigation;
        2. 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
        3. 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 us
        4. Site base map(s) meeting the requirements of Section 740.210(a)(7) and including the following:
          1. The sources or potential sources of the contaminants of concern, spill areas, and other suspected areas for any or all contaminants of concern;
          2. On-site and off-site injection and withdrawal wells; and
          3. 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
        5. A legal description or reference to a plat showing the boundaries of the remediation site, or, for a Federal Landholding Entity, a common address, notations in any available facility master land use plan, site specific GIS or GPS coordinates, plat maps,
    28. 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, an
    29. 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:
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        1. Narrative description of the field activities conducted during the investigation;
        2. 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 techni
        3. 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;
    30. 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 ap
    31. Describe any recognized environmental conditions, evaluate exposure routes, including threatened releases, and evaluate exposure routes excluded under 35 Ill. Adm. Code 742;
    32. Describe all conditions the LPE has determined to be de minimis along with the rationale for each such de minimis determination;
    33. 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;
    34. 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
    35. Compare the concentrations of the contaminants of concern with the corresponding Tier 1 remediation objectives under 35 Ill. Adm. Code 742;
    36. 6)Conclusion. This chapter shall assess the sufficiency of the data in the report and recommend future steps;
    37. 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 Ja
    38. A)Accreditation status of the laboratory performing the quantitative analyses;
    39. 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
    40. 8)Licensed Professional Engineer affirmation in accordance with Section 740.410 of this Part.
    41. (Source: Amended at 26 Ill. Reg. __________, effective __________.)
    42. Section 740.435Site Investigation Report -- Focused Site Investigation
    43. a)Data and results from the focused site investigation shall be combined into one Site Investigation Report.
    44. 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:
    45. 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 contaminants of concern specified
    46. 2)Site description.
    47. 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;
    48. 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 pr
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        1. Site base map(s) meeting the requirements of Section 740.210(a)(7) and including the following:
          1. The sources or potential sources of the contaminants of concern, spill areas, and other suspected areas for the specified contaminants of concern;
          2. On-site and off-site injection and withdrawal wells; and
          3. 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;
        2. A legal description or reference to a plat showing the boundaries of the remediation site, or, for a Federal Landholding Entity, a common address, notations in any available facility master land use plan, site specific GIS or GPS coordinates, plat maps,
      2. 3)Enforcement or response actions. This chapter shall include the following information as relevant to the recognized environmental conditions:
        1. A summary of environmental enforcement actions for the remediation site and areas immediately adjacent to the remediation site and their subsequent responses;
        2. Any previous response actions conducted by either local, State, federal or private parties at those sites; and
        3. A list of documents and studies prepared for those sites;
      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 p
      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:
        1. Narrative description of the field activities conducted during the investigation;
        2. 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 techni
        3. 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 related to the recognized environmental conditions and comp
        1. Describe any recognized environmental conditions, evaluate exposure routes, including threatened releases, and evaluate exposure routes excluded under 35 Ill. Adm. Code 742;
        2. 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;
        3. 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
        4. 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. 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
        1. A)Accreditation status of the laboratory performing the quantitative analyses;
        2. 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.
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    49. 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;
    50. Statement of remediation objectives or reference to Remediation Objectives Report;
    51. 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, includin
      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;
    52. 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
    53. Current and post-remediation use of the property;
    54. 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
    55. Appendices. References and other informational sources should be incorporated into the appendices; and
    56. Licensed Professional Engineer affirmation in accordance with Section 740.410 of this Part.
    57. Section 740.455Remedial Action Completion Report
    58. 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 Re
      1. Executive summary. This chapter shall identify the overall objectives of the remedial action and the technical approach utilized to meet those objectives, including:
        1. A brief description of the remediation site, including the recognized environmental conditions, the contaminants of concern, the contaminated media, and the extent of contamination;
        2. The major components of the Remedial Action Completion Report;
        3. The scope of the problems corrected or mitigated by the proposed remedial action(s); and
        4. 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:
        1. Field activities conducted during the investigation;
        2. Remedial actions implemented at the remediation site and the performance of each remedial technology utilized; and
      3. Special conditions. This chapter shall provide a description of any:
        1. Engineered barriers utilized in accordance with 35 Ill. Adm. Code 742 to achieve the approved remediation objectives;
        2. 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;
        3. Post-remedial monitoring, including:
          1. Conditions to be monitored;
          2. Purpose;
          3. Locations;
          4. Frequency; and
          5. Contingencies in the event of an exceedence; and
        4. 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 remedia
      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 wit
      7. Licensed Professional Engineer affirmation in accordance with Section 740.410 of this Part.
    59. 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;
    60. 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 APPRO
    61. 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 .
    62. d)If a soil management zone was used, whether the requirements for the use of soil management zones have been satisfied.
    63. 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 I
    64. 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 EVALU
    65. 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
      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 ha
      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 assign
      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.
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    66. 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 S
      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) belo
      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 af
        1. An acknowledgment that the requirements of the Remedial Action Plan and the Remedial Action Completion Report were satisfied;
        2. A description of the location of the remediation site by adequate legal description or by reference to a plat showing its boundaries;
        3. 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 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 w
          1. The remediation site;
          2. Selected recognized environmental conditions and related contaminants of concern at the remediation site; and
          3. A combination of (D)(i) or (D)(ii) above;
        5. 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;
        6. 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 Acti
        7. The opportunity to request a change in the recorded land use pursuant to Title XVII of the Act and subsection (c) below;
        8. 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
    67. I)An owner certification in accordance with subsection (d) below, where applicable.
    68. 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 le
    69. 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
    70. 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 cer
    71. 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 I
      1. 1)The name of the remediation site, if any, and any IDOT and Agency identifiers (e.g., incident number, Illinois inventory identification number);
      2. 2)The address of the remediation site (or other description sufficient to identify the location of the site with certainty);
      3. 3)A copy of the NFR Letter for each site subject to the MOA;
      4. 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 c
      5. 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 inte
        1. 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;
        2. 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;
        3. 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 Let
      6. 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.
    72. 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.
    73. 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 reme
    74. 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.
    75. 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 contai
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    76. 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 COMPLIA
      1. 1)Any violation of institutional controls or land use restrictions, if applicable ANY VIOLATION OF INSTITUTIONAL CONTROLS OR LAND USE RESTRICTIONS, IF APPLICABLE;
      2. 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 TR
      3. 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 co
      4. 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. 5)Obtaining the No Further Remediation Letter by fraud or misrepresentation OBTAINING THE NO FURTHER REMEDIATION LETTER BY FRAUD OR MISREPRESENTATION;
      6. 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 environmentSUBSEQUENT DISCOVERY O
      7. 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)]
      8. 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 740.622740/622 within 45 days following transfer of the Federally Owned Property sub
      11. 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).
    77. 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 SHA
      1. 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. 2)The Agency shall mail notices of voidance by registered or certified mail, date stamped with return receipt requested.
    78. 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
      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 T
        1. 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 WI
        2. 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, T
      2. 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
    79. Section 740.APPENDIX ATarget Compound List
    80. Section 740.Table AVolatile Organics Analytical Parameters and Required Quantitation Limits
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        2. Section 740.Table BSemivolatile Organic Analytical Parameters and Required Quantitation Limits
          1. _
        3. Section 740.Table CPesticide and Aroclors Organic Analytical Parameters and Required Quantitation Limits
          1. _
          2. Section 740.Table DInorganic Analytical Parameters and Required Quantitation Limits
ILLINOIS POLLUTION CONTROL BOARD
February 21, 2002
 
IN THE MATTER OF:
 
SITE REMEDIATION PROGRAM:
AMENDMENTS TO 35 ILL. ADM. CODE
740
______________________________________
 
IN THE MATTER OF:
 
SITE REMEDIATION PROGRAM:
PROPOSED 35 ILL. ADM. CODE
740.SUBPART H (PUBLIC SCHOOLS)
 
)
)
)
)
)
 
 
)
)
)
)
)
 
 
 
R01-27
(Rulemaking – Land)
 
 
 
 
 
R01-29
(Rulemaking – Land)
(Consolidated)
Proposed Rule. Second Notice.
 
OPINION AND ORDER OF THE BOARD (by M.E. Tristano, N.J. Melas, G.T. Girard):
 
On January 12, 2001, the Illinois Environmental Protection Agency (Agency) filed a
proposal to amend 35 Ill. Adm. Code 740 of the Board’s land regulations, commonly referred to
as the Site Remediation Program (SRP) rules. The Board accepted this matter for hearing on
January 18, 2001.
See
Site Remediation Program: Amendments to 35 Ill. Adm. Code 740, R01-
27 (Jan. 18, 2001).
 
The amendments proposed by the Agency are intended to update and clarify the SRP
rules that were originally adopted by the Board in Site Remediation Program (Brownfields) and
Groundwater Quality (35 Ill. Adm. Code 740 and 35 Ill. Adm. Code 620), R97-11 (June 5,
1997). The SRP rules establish a voluntary program that participants may use to investigate
releases and clean up contaminated sites. The SRP regulations give participants the opportunity
to obtain Agency approval of remediation costs before applying for environmental remediation
tax credits for the cleanup. The amendments proposed in this second-notice opinion and order
are based on the experience gained by the Agency in administering the rules for over three years.
 
Consolidated with the Agency’s proposal is a January 26, 2001 proposal filed by the
Citizens for a Better Environment (CBE). CBE originally proposed amending the SRP rules by
adding a new Subpart H, relating to schools, public parks, and playgrounds. The Board accepted
CBE’s proposal for hearing on February 1, 2001.
See
Site Remediation Program: Proposed 35
Ill. Adm. Code 740.Subpart H (Schools, Public Parks, and Playgrounds), R01-29. In that same
February 1, 2001 order, the Board consolidated the two SRP-related rulemakings. Since filing
its original proposal, CBE has significantly altered the proposed amendments, with an end result
being a new Subpart H that relates only to public schools.
On November 1, 2001, the Board adopted its first-notice opinion and order, which was
published in the November 16, 2001
Illinois Register
. The November 16 publication
commenced a 45-day public comment period, during which time the Board received two public
 
2
  
comments. The Board also received a third public comment, with accompanying motion for
leave to file, after expiration of the 45-day comment period. By today’s action, and pursuant to
the Administrative Procedure Act (5 ILCS 100/1-1
et seq
. (2000)), the Board adopts the two
rulemaking proposals with the modifications set forth herein for second notice. The proposed
amendments will be filed with the Joint Committee on Administrative Rules (JCAR) for review.
 
PROCEDURAL HISTORY
 
Following receipt of the rulemaking proposals described above, the Board scheduled and
held two public hearings. The first hearing was held in Springfield on February 28, 2001. The
second hearing was held in Chicago on April 4, 2001. During the hearings, information was
sought regarding both the substance of the proposed amendments and the economic impact of the
proposed amendments, including the Illinois Department of Commerce and Community Affairs’
(DCCA) decision to not provide an economic impact study.
 
At the February 28, 2001 hearing, the Agency presented testimony from the following
witnesses: Lawrence Eastep, Manager of the Remedial Project Management Section of the
Agency’s Bureau of Land; Gregory Dunn, Manager of a Site Remediation Program Unit in the
Agency’s Bureau of Land; and Gary King, Manager of the Division of Remediation
Management in the Agency’s Bureau of Land. Also testifying during the February 28, 2001
hearing was Abigail Jarka, a Registered Professional Engineer working for CBE.
 
During the April 4, 2001 hearing, Ms. Jarka and Stefan Noe testified on behalf of CBE.
On behalf of the Agency, Mr. Eastep and Mr. Dunn testified. Harry Walton presented testimony
on behalf of the Site Remediation Advisory Committee (SRAC) and the Illinois Environmental
Regulatory Group (IERG). Lynn Crivello testified on behalf of Consoer, Townsend &
Envirodyne Engineers. On behalf of the federal government, Richard Butterworth, Senior
Assistant General Counsel in the Office of General Counsel, General Service Administration,
and Georgia Vlahos, Counsel to the Commander of the Navy Training Center (Great Lakes),
provided testimony. Also providing testimony was Bruce Bonczyk, on behalf of the Illinois
Society of Professional Engineers and the Consulting Engineers Council of Illinois. A total of 15
exhibits were offered into the record for these consolidated rules. A total of eight public
comments were also received prior to adoption of the Board's first-notice opinion and order.
1
   
 
The Board invited comment during the April 4, 2001 hearing regarding the decision of
the Department of Commerce and Community Affairs’ decision to not perform an Economic
Impact Study for these proposed amendments. No comments were offered. Despite the lack of
an Economic Impact Study, the Board has concluded, based on other evidence and information
in the record, that the proposed amendments are economically reasonable and technically
feasible.
 
1
A complete listing of these exhibits and public comments is available in the Board's first-notice
opinion and order.
See
Site Remediation Program: Amendments to 35 Ill. Adm. Code 740, R01-
27 (Nov. 1, 2001) and Site Remediation Program: Proposed 35 Ill. Adm. Code 740.Subpart H
(Public Schools), R01-29 (Nov. 1, 2001).
 
 
3
  
Following adoption of the Board's first-notice opinion and order, the Board received the
following public comments in R01-27:
 
Public Comment No. Comment
 
PC 7 Public Comments of the Illinois Chapter American
Institute of Professional Geologists by Ronald B. St.
John, President
 
PC 8 First Notice Comments of the Agency by Mark
Wight, Assistant Counsel
 
The Board received the following public comment in R01-29:
 
Public Comment No. Comment
 
PC 3 CBE's Response to Agency's First Notice
Comments by Holly D. Gordon
 
DISCUSSION OF SECOND-NOTICE CHANGES
 
In response to the public comments received, the Board is proposing certain changes to
the proposed amendments adopted for first-notice. Some of the changes consist of minor, non-
substantive clarification types of changes proposed by the Agency. These changes will be made
without specific comment herein. However, some of the changes are more substantive and will
be addressed individually. The Board also notes that no comments were received on some
relatively significant first-notice proposals involving federal exemption from the deed
recordation requirements, Illinois Department of Transportation Memorandums of Agreement,
laboratory accreditation, and the definition of “soil.” As a result, the Board's findings with
regard to these issues are unchanged from that expressed in the first-notice opinion and order.
 
Before addressing the changes from first-notice, the Board first notes that the public
comments filed by CBE (PC 3 in R01-29), were filed after expiration of the 45-day public
comment period. CBE seeks leave to file the comments late. The Board grants CBE's request
for leave to file their comments in response to the public comments filed by the Agency. CBE's
comments are, accordingly, accepted into the record.
 
Licensed Professional Geologists (LPG)
 
At first-notice, the Board adopted the Agency's proposal to specifically recognize a role
for Licensed Professional Geologists (LPG) in SRP. The Agency proposal included adding a
definition for “Licensed Professional Geologist” at Section 740.120 and amending Sections
740.405, 740.410, and 740.425, so as to specifically name LPGs as individuals who may perform
certain remedial activities that were previously limited to only a Licensed Professional Engineer
(LPE). However, even with the proposed amendment, “all plans and reports submitted for
 
4
  
review and evaluation [would] still . . . be prepared by, or under the supervision of, an LPE.”
R01-27 Exh.1 (Eastep) at 2-3.
 
The Agency suggested that changes in Illinois law, namely the adoption of the
Professional Geologist Licensing Act, authorize the amendments proposed in SRP. R01-27 Exh.
1 (Eastep) at 3. The Agency's proposed amendments would expressly authorize LPGs to
perform a number of remediation site activities, but would not “expressly change who is
ultimately responsible for plans and reports under the [Environmental Protection]Act [Act].”
Id
.
 
In formulating its first-notice opinion and order, the Board considered comments from
the Illinois Society of Professional Engineers (ISPE) and the Consulting Engineers Council of
Illinois (CECI) who opposed the proposed amendments.
See
PC 2, 3 (R01-27). ISPE and CECI
opposed the proposed amendments because they believe there is no statutory authority in the
SRP legislation, namely Section 58.6 of the Act (415 ILCS 5/58.6 (2000)), that would allow
LPGs to perform the work proposed by the Agency.
See generally
Tr. (4/4/01) at 161-62; PC 2,
3 (R01-27). Section 58.7 of the Act (415 ILCS 5/58.7 (2000)) also addresses the performance of
remedial site activities.
 
In its first-notice opinion and order, the Board concluded that neither Section 58.6 nor
58.7 of the Act preclude the performance of certain remediation activities by an LPG. The Board
further found, however, that 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, the Board concluded that, absent a statutory change, LPGs could not be permitted,
in the context of the SRP regulations, to supervise others or to perform unsupervised work
themselves.
See
Site Remediation Program: Amendments to 35 Ill. Adm. Code 740, R01-27
(Nov. 1, 2001) and Site Remediation Program: Proposed 35 Ill. Adm. Code 740.Subpart H
(Public Schools), R01-29 (Nov. 1, 2001).
   
Accordingly, the Board adopted the Agency's proposal with revisions necessarily in order
to ensure consistency with Sections 58.6 and 58.7 of the Act. The amendments proposed for first
notice made it clear that LPGs could only perform remedial site activities under the supervision
of an LPE and that LPGs could not supervise others in the conduct of remedial site activities.
   
During the first-notice public comment period, the Board received a public comment
from the Illinois Chapter American Institute of Professional Geologists (Geologists). PC 7 (R01-
27). The Geologists explain their opposition to the Board's first-notice proposal, “because it is in
conflict with the Professional Geologist Licensing Act (225 ILCS 745) [and they] request that
the Pollution Control Board delete the proposed amendment to (35 IAC 740.404(b)) in its
entirety and allow the matter to be addressed by the General Assembly.” PC 7 (R01-27) at 1.
The Geologists state that,
 
[i]t appears that the amendment was proposed in an attempt to include LPGs in
the SRP regulations. However, the Pollution Control Board has determined that
the Environmental Protection Act limits the role of the LPG in the SRP. The
Pollution Control Board has made it clear that it believes that the Environmental
Protection Act would have to be amended to allow LPGs to conduct certain
 
5
  
activities specifically reserved for the LPEs in the Environmental Protection Act.
We request the Pollution Control Board to allow us to petition the General
Assembly to make changes to the Environmental Protection Act to include LPGs
in the Site Remediation Program. PC 7 (R01-27) at 2.
 
The Board agrees with the Geologists interpretation of the Board's findings regarding the
Act and the limitations found therein. In its current form, the Act does not permit LPGs to
perform without supervision remedial site activities in the SRP. Rather than move forward with
amendments that the Geologists themselves do not want, the Board concludes that the most
prudent course at this time would be to delete the amendments that would have incorporated
LPGs into the SRP. The Board notes that while the Geologists specifically ask the Board to
delete only the amendments to Section 740.404(b), the Board will refrain from moving forward
with any amendments intended to specifically include LPGs in the SRP remedial activities.
 
The Board notes that two bills were recently introduced in the Illinois General Assembly
that would expand the scope of practice for Licensed Professional Geologists under the Act.
See
 
92nd Ill. Gen. Assem., Senate Bill 1968, 2002 Sess.; 92nd Ill. Gen. Assem., House Bill 5846,
2002 Sess.
 
 
Soil Management Zone
 
One of the most significant items included in the proposed amendments is the creation, in
proposed Section 740.535, of a Soil Management Zone (SMZ) within a site under the SRP. The
purpose of an SMZ is to provide for the development of approvable on-site solutions to on-site
contamination without violating solid waste disposal rules. Pursuant to proposed Section
740.535, SMZs may include, but are not limited to: (1) placement of contaminated soils for
structural fill or land reclamation; (2) consolidation of contaminated soils within a remediation
site; and (3) removal and re-deposit of contaminated soils within the remediation site.
 
In its first-notice opinion and order, the Board adopted the Agency's proposal with one
significant exception. The exception involved the Board's deletion of proposed Section
740.535(b)(8)(B), which would have prohibited placement within an SMZ of certain
contaminated soil closer to any residential property contiguous to the remediation site. The
Agency proposed the prohibition in order to address public perception rather than any actual risk
to the environment.
See generally
R01-27 Exh. 1 (Eastep) at 7; Tr. (2/28/01) at 30-32
 
The only comment on this aspect of the Board's first-notice proposal came from the
Agency and was limited merely to the following statement:
 
[t]he Agency's views on this provision are well documented in the record and the
Board's First Notice Opinion. PC 8 (R01-27) at 7.
 
The Board continues to support the deletion of the proposed prohibition and will not,
therefore, alter this portion of its first-notice opinion and order.
 
PROPOSED NEW SUBPART H (R01-29)
 
6
  
 
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.
 
Overall, CBE seeks to add procedural requirements for ensuring the receipt of a No
Further Remediation (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: 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
.
 
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. The Board concluded at first notice that,
while Public Act 92-0151 addresses, to some extent, CBE’s concerns, it only applies to schools
within Cook County. The Subpart H proposed by the Board for first notice would apply
Statewide and contains notification and maintenance requirements not part of Public Act 92-
0151.
 
The only first-notice public comment to address the Board's incorporation of CBE's
proposal was filed by the Agency. CBE then sought leave, which is granted herein, to respond.
Many of the changes suggested by the Agency involve relatively minor corrective or clarifying
changes.
See generally
PC 8 (R01-27) at 8-11. CBE stated that they “are in complete agreement
with the comments raised by IEPA on pages 8 – 11 of IEPA's First Notice Comments.” PC 3
(R01-29) at 1.
 
The Agency also raised a concern, however, with regard to "several compliance issues"
raised by the amendments proposed in Subpart H. PC 8 (R01-27) at 12. Specifically, the
Agency is concerned that the proposed amendments provide little guidance on the standards for
determining and enforcing noncompliance with the amendments.
Id
. For example, the Agency
questions what the consequence will be if a remedial applicant fails to establish the records
repository required under proposed Section 740.820.
Id
.
 
CBE responds to these concerns by stating that the compliance concerns are “not . . .
unique to the proposed regulations.” PC 3 (R01-29) at 1. CBE maintains that the Agency is
provided discretion in the manner in which it chooses to enforce and administer the law and that
 
7
  
“hypothetical enforcement issues will always exist.”
Id
. Furthermore, CBE points out that the
Act (415 ILCS 5/1
et seq
. (2000)) and the Administrative Code (35 Ill. Adm. Code 101.100,
et
seq
.) already provide for general enforcement and penalty provisions.
Id
.
 
The Board appreciates the Agency's concerns. However, the Board finds that the general
enforcement options that already exist in Section 31 of the Act are readily available and
sufficient for redressing any future compliance problems. Enforcement under Section 31 is
available not only to the Agency, through the Attorney General's or States Attorney's office, but
also to any person who wishes to file a complaint. There has been no indication from any
evidence presented in the record that these already existing enforcement tools would be
insufficient. Additionally, as CBE suggests, some discretion is appropriately left to the Agency
to apply these amendments to specific sites undergoing remediation in the SRP. The Board finds
that no revisions are necessary at this point to the proposed Subpart H that would impact the
compliance issues raised by the Agency.
 
Finally, the Agency suggests that it may be necessary, in order to resolve the compliance
issues, to sever CBE's proposed Subpart H from the remainder of the rule and proceed to second
notice without it. CBE objects to this and maintains that a lengthy public hearing and comment
period has already been completed. As a result of the input from the public and the Agency,
CBE documents the fact that it has significantly altered its proposal from that which was
originally filed with the Board. PC 3 (R01-29) at 1-2. CBE urges the Board to proceed to
second notice with the entirety of the amendments, including those proposed for Subpart H.
 
The Board agrees that the proposal submitted by CBE has already been the subject of
much comment and debate. Furthermore, the hearing and comment process has, as indicated by
CBE, resulted in a number of changes being made voluntarily by CBE. The result is a proposed
Subpart H that is significantly different and more focused than that originally proposed. In
moving to first notice with the proposed Subpart H, the Board found ample support in the record
for the proposed amendments. The Board concludes that the record supports moving to second
notice with the entire set of amendments, and will not, therefore, sever proposed Subpart H from
the proposal.
 
CONCLUSION
 
In conclusion, the Board adopts today for second notice the proposed amendments to the
SRP. Many of the changes from first to second notice, are relatively minor. The more
significant changes have been explained herein. The Board finds that the proposed amendments
are technically sound and economically reasonable and adopts the amendments for second
notice.
 
ORDER
 
 
The Board directs the Clerk to cause the filing of the following with the Joint Committee
on Administrative Rules for their review and comment.
   
 
 
TITLE 35: ENVIRONMENTAL PROTECTION
 
 
8
  
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
 
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)by Licensed Professional Engineer (LPE)
740.410 Form and Delivery of Plans and Reports, Signatories and Certifications
740.415 Site Investigation -- General
 
9
  
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
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
 
 
10
  
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 Establishment of Document Repository Community Relations Plan
740.825 Fact Sheet
 
740.APPENDIX A Target Compound List
740.TABLE A Volatile Organics Analytical Parameters and Required Quantitation
Limits
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 26 Ill. Reg.
___ , effective __________.
NOTE: Italics 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
. "AGENCY"
MEANS THE ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
 
(Section 3.01 of the Act)[415 ILCS 5/3.01]
 
11
  
"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
. "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)[415 ILCS
5/58.2]
"ASTM" means the American Society for Testing and Materials.
"ASTM"
MEANS THE AMERICAN SOCIETY FOR TESTING AND MATERIALS
 
 
(Section 58.2 of the Act)[415 ILCS 5/58.2]
"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.
"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)[415 ILCS 5/58.2]
"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.
 
12
  
"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.
“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.
"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)[415 ILCS 5/58.2]
"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
 
13
  
States.
"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)[415 ILCS 5/58.2]
"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
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,
 
14
  
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).
  
"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) (Section 58.2 of the Act)[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.
"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)[415 ILCS 5/58.2]
"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.
"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;
 
15
  
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)[415
ILCS5/3.33]
"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
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.
  
"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)[415 ILCS 5/58.2]
"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]
 
 
16
  
"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
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 26 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
 
 
17
  
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
"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).
 
 
18
  
(Source: Amended at 26 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) 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.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.
c)
All plans and reports submitted for review and evaluation shall be prepared by, or
under the supervision of, an LPE.
(Source: Amended at 26 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
 
 
 
19
  
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 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, including review
of laboratory data, 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 engineering practices, and the information
presented, including any qualified laboratory data, 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.
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)[415 ILCS 5/58.6(f)]
(Source: Amended at 26 Ill. Reg. __________, effective __________.)
 
 
20
  
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.
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.
 
 
21
  
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
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.
 
 
22
  
Code 186. Quantitative analyses not utilizing an accredited laboratory in
accordance with Part 186 shall be deemed invalid.
(Source: Amended at 26 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
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
 
 
23
  
C) The nature, direction, and rate of movement of the contaminants of
concern;
4) Characterization of present and post-remediation exposure routes,
identifying:
A) 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;
B) The locations of any human and environmental receptors and
receptor exposure routes; and
C) 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 26 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;
 
 
24
  
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:
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, or, for a Federal Landholding Entity, a
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;
 
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
 
 
25
  
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;
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;
 
 
26
  
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 26 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
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
 
 
27
  
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, or, for a Federal Landholding Entity, a
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;
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
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;
 
 
28
  
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;
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 26 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
 
 
29
  
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;
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
 
 
30
  
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 26 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
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
 
 
31
  
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:
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;
 
 
32
  
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 the 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
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 26 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;
 
 
33
  
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 26 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.
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 provides the
following information and 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;
 
34
  
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
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;
 
35
  
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
740.620Sections 740.620, 740.621, or 740.622 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.
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 ObjectiveObjectives 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 740.620Sections
740.620, 740.621, or 740.622 of this Part and remains in effect and
management of the contaminated soil within the area formerly
 
36
  
encompassed by the SMZ is in compliance with the terms of that No
Further Remediation Letter.
(Source: Added at 26 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.
 
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, or 740.622 of this Part.
 
(Source: Amended at 26 Ill. Reg. __________, effective __________.)
 
Section 740.610 Contents of No Further Remediation Letter
 
 
37
  
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)
Anan 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
STATEMENT THAT THE AGENCY’S ISSUANCE OF THE NO
FURTHER REMEDIATION LETTER SIGNIFIES A RELEASE FROM
FURTHER RESPONSIBILITIES UNDER the
Actact 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 Actact
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
 
38
  
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
740.620Sections 740.620, 740.621, or 740.622 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
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 Agencyagency through a request under the
Freedom of Information Act 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 26 Ill. Reg. __________, effective __________.)
Section 740.615 Payment of Fees
 
 
39
  
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.
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 26 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
 
 
40
  
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:
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
 
 
41
  
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.
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
 
 
42
  
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, Section 740.621, or
Section 740.622, as applicable, 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 26 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
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;
 
 
43
  
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.
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 26 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
 
 
44
  
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;
 
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
 
 
45
  
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: Amended at 26 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
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
 
 
46
  
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)]
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 740.622740/622 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
 
 
47
  
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
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
 
 
48
  
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
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 26 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.
 
 
49
  
(Source: Added at 26 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 children and the
general public without first completing all work pursuant to the its Remedial
Action Plan. Work pursuant to the Remedial Action Plan is deemed completed on
the date the Agency issues its written final determination unconditionally
approving the Remedial Action Completion Report. 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 58.1658.15 of the Environmental
Protection Act [415 ILCS 5/58.1658.15].
 
(Source: Added at 26 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.
 
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:
 
This document and all attachments were prepared under my direction or
reviewed by me, and;
 
 
50
  
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
 
The information presented isin accurate and complete."
 
3) 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) In addition to any other remedies that may be available, the 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 everyany 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 shall is required
to notify the Agency of such changes within 30 days of the completion of the
transfer.
 
(Source: Added at 26 Ill. Reg. __________, effective __________.)
 
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;
 
 
51
  
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 contaminantcontaminants 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 26 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 all documents prepared by the
RA for the Agency and by the Agency for the RA may be viewed and/or copies
obtained. The repository shall be located and open to the public at a place and at
times convenient to interested and affected persons. The RA shall update the
repository promptly and continuously as documents are generated throughout the
remediation process.
 
(Source: Added at 26 Ill. Reg. __________, effective __________.)
 
Section 740.825 Fact Sheet
No later than 10 days after submission to the Agency of the initiala 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;
 
52
  
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 26 Ill. Reg. __________, effective __________.)
 
 
 
 
 
 
 
 
 
 
 
 
 
 
53
  
 
 
 
 
 
 
 
 
 
 
 
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
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
 
 
54
  
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 26 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
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
 
55
  
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
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 26 Ill. Reg. __________, effective __________.)
 
 
 
56
  
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 26 Ill. Reg. __________, effective __________.)
 
 
57
  
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/6020
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 26 Ill. Reg. __________, effective __________.)
 
 
 
 
 
58
  
 
 
IT IS SO ORDERED.
 
 
I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the Board
adopted the above opinion and order on February 21, 2002, by a vote of 7-0.
 
 
  
  
  
  
  
  
 
Dorothy
M.
Gunn,
Clerk
Illinois
Pollution
Control
Board
 

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