9

“Free Product” means a contaminant that is present as a non-aqueous phase

liquid for chemicals whose melting point is less than 30°? C (e.g., liquid not

dissolved in water).

“Full Accounting” means a compilation of documentation to establish,

substantiate and justify the nature and extent of the corrective action costs

incurred by an owner or operator.

“Fund” means the underground storage tank fund

. [415 ILCS 5/57.2](Section

57.2 of the Act) .

“GIS” means Geographic Information System.

 

“GPS” means Global Positioning System.

 

“Groundwater” means underground water which occurs within the saturated

zone and geologic materials where the fluid pressure in the pore space is equal

to or greater than atmospheric pressure

.

 

[415 ILCS 5/3.64](Section 3.64 of the

Act) .

“Handling Charges” means administrative, insurance, and interest costs and a

reasonable profit for procurement, oversight, and payment of subcontracts and

field purchases.

“Heating oil” means petroleum that is No. 1, No. 2, No. 4 -light, No. 4 -heavy,

No. 5 -light, No. 5 -heavy or No. 6 technical grades of fuel oil; and other

residual fuel oils including navy special fuel oil and bunker c

.

.

[415 ILCS

5/57.2](Section 57.2 of the Act).

“IEMA” means the Illinois Emergency Management Agency.

“Indemnification” means indemnification of an owner or operator for the

amount of judgment entered against the owner or operator in a court of law, for

the amount of any final order or determination made against the owner or

operator by any agency of State government or any subdivision thereof, or for

the amount of any settlement entered into by the owner or operator, if the

judgment, order, determination, or settlement arises out of bodily injury or

property damage suffered as a result of a release of petroleum from an

underground storage tank owned or operated by the owner or operator

. [415

ILCS 5/57.2](Section 57.2 of the Act) .

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

land use as described in 35 Ill. Adm. Code 742, Subpart J.

---

 

10

“Land Use Control Memorandum of Agreement” 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” means a person, corporation or partnership

licensed under the laws of the State of Illinois to practice professional

engineering

. [415 ILCS 5/57.2](Section 57.2 of the Act) .

“Licensed Professional Geologist”

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] .

“Line Item Estimate” means an estimate of the costs associated with each line

item (including, but not necessarily limited to, personnel, equipment, travel,

etc.) thatwhich an owner or operator anticipates will be incurred for the

development, implementation and completion of a plan or report.

“Man-made Pathway” means constructed routes that may allow for the transport

of mobile petroleum free-liquid or petroleum-based vapors including, but not

limited to, sewers, utility lines, utility vaults, building foundations, basements,

crawl spaces, drainage ditches or previously excavated and filled areas.

“Monitoring Well” means a water well intended for the purpose of determining

groundwater quality or quantity.

“Natural Pathway” means natural routes for the transport of mobile petroleum

free-liquid or petroleum-based vapors including, but not limited to, soil,

groundwater, sand seams and lenses and gravel seams and lenses.

“Occurrence” means an accident, including continuous or repeated exposure to

conditions, that results in a sudden or nonsudden release from an underground

storage tank

. [415 ILCS 5/57.2](Section 57.2 of the Act) .

“OSFM” means the Office of the State Fire Marshal.

“Operator” means any person in control of, or having responsibility for, the

daily operation of the underground storage tank. (Derived from 42 U.S.C. USC

§ 6991)

BOARD NOTE: A person who voluntarily undertakes action to remove an

underground storage tank system from the ground shall not be deemed an

“operator” merely by the undertaking of such action.

---

 

11

“Owner” means:

In the case of an underground storage tank in use on November 8, 1984,

or brought into use after that date, any person who owns an underground

storage tank used for the storage, use or dispensing of regulated

substances;

In the case of any underground storage tank in use before November 8,

1984, but no longer in use on that date, any person who owned such

underground storage tank immediately before the discontinuation of its

use. (Derived from 42 U.S.C. USC § 6991)

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

public on notice, or as otherwise provided in subsections 732.703(c) and (d) of

this Part.

“Person” means, for the purposes of interpreting the definitions of the terms

“owner” or “operator,” an 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 and shall include the United States

Government and each department, agency, and instrumentality of the United

States. (Derived from 42 U.S.C. USC § 6991)

“Petroleum” means petroleum, including crude oil or any fraction thereof which

is liquid at standard conditions of temperature and pressure (60°F degrees

Fahrenheit and 14.7 pounds per square inch absolute). (Derived from 42

U.S.C. USC § 6991)

“Physical soil classification” means verification

of geological conditions

consistent with regulations for identifying and protecting potable resource

groundwater or verification

that subsurface strata are as generally mapped in

the publication Illinois Geological Survey Circular (1984) entitled “Potential

For Contamination Of Shallow Aquifers In Illinois,” by Berg, Richard C., et al.

Such classification may include review of soil borings, well logs, physical soil

analysis, regional geologic maps, or other scientific publications

.

.

[415 ILCS

5/57.2](Section 57.2 of the Act) .

“Potable” means generally fit for human consumption in accordance with

accepted water supply principles and practices

. [415 ILCS 5/3.65](Section 3.65

of the Act) .

“Property damage” means physical injury to, destruction of, or contamination of

tangible property

owned by a person other than an owner or operator of the

UST from which a release of petroleum has occurred and which tangible

property is located off the site where the release occurred. Property damage

---

 

12

includes

all resulting loss of use of that property; or loss of use of tangible

property that is not physically injured, destroyed or contaminated, but has been

evacuated, withdrawn from use, or rendered inaccessible because of a release of

petroleum from an underground storage tank

. [415 ILCS 5/57.2](Derived from

Section 57.2 of the Act)

“Registration” means registration of an underground storage tank with the

OSFM in accordance with Section 4 of the Gasoline Storage Act [430 ILCS

15/4]

“Regulated recharge area” means a compact geographic area, as determined by

the Board,

[35 Ill. Adm. Code Subtitle F]

the geology of which renders a

potable resource groundwater particularly susceptible to contamination

. [415

ILCS 5/3.67](Section 3.67 of the Act).

“Regulated Substance” means any substance defined in Section 101(14) of the

Comprehensive Environmental Response, Compensation, and Liability Act of

1980 (42 U.S.C. USC § 9601(14)) (but not including any substance regulated as

a hazardous waste under subtitle C of the Resource Conservation and Recovery

Act (42 U.S.C. USC §§ 6921 et seq.)), and Petroleum. (Derived from 42

U.S.C. USC § 6991)

“Release” means any spilling, leaking, emitting, discharging, escaping,

leaching, or disposing of petroleum from an underground storage tank into

groundwater, surface water or subsurface soils

. [415 ILCS 5/57.2](Section 57.2

of the Act).

“Residential Tank” means an underground storage tank located on property used

primarily for dwelling purposes.

“Residential Unit” means a structure used primarily for dwelling purposes

including multi-unit dwellings such as apartment buildings, condominiums,

cooperatives or dormitories.

“Setback Zonezone” means a geographic area, designated pursuant to the Act

 

[415 ILCS 5/14.1, 5/14.2, 5/14.3]

or regulations

[35 Ill. Adm. Code Subtitle

F]

, containing a potable water supply well or a potential source or potential

route, having a continuous boundary, and within which certain prohibitions or

regulations are applicable in order to protect groundwater

.

.

[415 ILCS

5/3.61](Section 3.61 of the Act).

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

including contiguous property not separated by a public right-of-way

. [415

ILCS 5/57.2](Section 57.2 of the Act).

---

 

13

“Stratigraphic Unit” means a site-specific geologic unit of native deposited

material and/or bedrock of varying thickness (e.g., sand, gravel, silt, clay,

bedrock, etc.). A change in stratigraphic unit is recognized by a clearly distinct

contrast in geologic material or a change in physical features within a zone of

gradation. For the purposes of this Part, a change in stratigraphic unit is

identified by one or a combination of differences in physical features such as

texture, cementation, fabric, composition, density, and/or permeability of the

native material and/or bedrock.

“Surface Body of Water” or “Surface Water Body” means a natural or man-

made body of water on the ground surface including, but not limited to, lakes,

ponds, reservoirs, retention ponds, rivers, streams, creeks and drainage ditches.

Surface body of water does not include puddles or other accumulations of

precipitation, run-off or groundwater in UST excavations.

“Tank Field” means all underground storage tanks at a site that reside within a

circle with a 100 foot radius.

“Underground Storage Tank” or “UST” means any one or combination of tanks

(including underground pipes connected thereto) which is used to contain an

accumulation of regulated substances, and the volume of which (including the

volume of underground pipes connected thereto) is 10 per centum or more

beneath the surface of the ground. Such term does not include any of the

following or any pipes connected thereto:

Farm or residential tank of 1,100 gallons or less capacity used for

storing motor fuel for noncommercial purposes;

Septic tank;

Pipeline facility (including gathering lines) regulated under the Natural

Gas Pipeline Safety Act of 1968 (49 U.S.C. USC App. 1671 et seq.), or

the Hazardous Liquid Pipeline Safety Act of 1979 (49 U.S.C. USC App.

2001 et seq.), or which is an intrastate pipeline facility regulated under

State laws as provided in either of these provisions of law, and thatwhich

is determined by the Secretary of Energy to be connected to a pipeline or

to be operated or intended to be capable of operating at pipeline pressure

or as an integral part of a pipeline;

Surface impoundment, pit, pond, or lagoon;

Storm water or waste water collection system;

Flow-through process tank;

---

 

14

Liquid trap or associated gathering lines directly related to oil or gas

production and gathering operations; or

Storage tank situated in an underground area (such as a basement, cellar,

mineworking, drift, shaft, or tunnel) if the storage tank is situated on or

above the surface of the floor. (Derived from 42 U.S.C. USC § 6991)

The term “underground storage tank” shall also mean an underground storage

tank used exclusively to store heating oil for consumptive use on the premises

where stored and which serves other than a farm or residential unit

. [415 ILCS

5/57.2](Section 57.2 of the Act).

“UST system” or “tank system” means an underground storage tank, connected

underground piping, underground ancillary equipment, and containment system,

if any.

(Source: Amended at ___ Ill. Reg. ________, effective ________________________)

Section 732.104 Incorporations by Reference

a) The Board incorporates the following material by reference:

ASTM. American Society for Testing and Materials, 100 Barr Harbor Drive,

P.O. Box C700, West Conshohocken, PA, 19428-2959 (610) 832-9585 1916

Race Street, Philadelphia, PA 19103 (215) 299-5400

ASTM D 422-63, Standard Test Method for Particle-Size Analysis of

Soils, approved November 21, 1963 (reapproved 1990).

ASTM D 1140-92, Standard Test Method for Amount of Material in

Soils Finer than the No. 200 (75 umμm) Sieve, approved November 15,

1992.

ASTM D 2216-92, Standard Test Method for Laboratory Determination

of Water (Moisture) Content of Soil and Rock, approved June 15, 1992.

ASTM D 4643-93, Standard Test Method for Determination of Water

(Moisture) Content of Soil by the Microwave Oven Method, approved

July 15, 1993.

ASTM D 2487-93, Standard Test Method for Classification of Soils for

Engineering Purposes, approved September 15, 1993.

ASTM D 2488-93, Standard Practice for Description and Identification

of Soils (Visual-Manual Procedure), approved September 15, 1993.

---

 

15

ASTM D 5084-90, Standard Test Method for Measurement of Hydraulic

Conductivity of Saturated Porous Materials Using a Flexible Wall

Permeameter, approved June 22, 1990.

ASTM D 4525-90, Standard Test Method for Permeability of Rocks by

Flowing Air, approved May 25, 1990.

ASTM D 1587-83, Standard Practice for Thin-Walled Tube Sampling of

Soils, approved August 17,1983.

ISGS. Illinois State Geological Survey, 615 E. Peabody Drive, Champaign, IL

61820-6964 (217) 333-4747

Richard C. Berg, John P. Kempton, Keros Cartwright, “Potential for

Contamination of Shallow Aquifers in Illinois” (1984), Circular No.

532.

NTIS. National Technical Information Service, 5285 Port Royal Road,

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

“Methods for Chemical Analysis of Water and Wastes,” EPA

Publication No. EPA-600/4-79-020 (March 1983), Doc. No. PB 84-

128677.

“Methods for the Determination of Organic Compounds in Drinking

Water,” EPA, EMSL, EPA-600/4-88/039 (Dec.December 1988), Doc.

No. PB 89-220461.

“Practical Guide for Ground-Water Sampling,” EPA Publication No.

EPA-600/2-85/104 (September 1985), Doc. No. PB 86-137304.

“Rapid Assessment of Exposure to Particulate Emissions from Surface

Contamination Sites,” EPA Publication No. EPA-600/8-85/002

EPA/600/8-85/002 (February 1985), Doc. No. PB 85-192219.

“Test Methods for Evaluating Solid Wastes, Physical/Chemical

Methods,” EPA Publication No. SW-846, Third Edition (September,

1986), as amended by Update I Updates I, IIA, III, and IIIA (July

1992Final Update IIIA dated April 1998), Doc. No. 955-001-00000-1.

USGS. United States Geological Survey, 1961 Stout Street, Denver, CO 80294

(303) 844-4169

“Techniques of Water Resources Investigations of the United States

Geological Survey, Guidelines for Collection and Field Analysis of

---

 

16

Ground-Water Samples for Selected Unstable Constituents,” Book I,

Chapter D2 (1981).

b) CFR (Code of Federal Regulations). Available from the Superintendent of

Documents, U.S. Government Printing Office, Washington, D.C. 20402 (202)

783-3238

40 CFR 261, Appendix II (1992).

40 CFR 761, Subpart G761.120 (20001993).

c) This Section incorporates no later editions or amendments.

(Source: Amended at ___ Ill. Reg. ________, effective ________________________)

Section 732.106 Laboratory Certification

All quantitative analyses of samples collected on or after JanuaryJuly 1, 2003, and utilizing any

of the approved test methods identified in 35 Ill. Adm. Code 186.180, shall be completed by

an accredited laboratory in accordance with the requirements of 35 Ill. Adm. Code 186.

Quantitative analyses not utilizing an accredited laboratory in accordance with Part 186 shall be

deemed invalid.

(Source: Added at _____ Ill. Reg. ______, effective ______________________)

SUBPART B: EARLY ACTION

Section 732.202 Early Action

a) Upon confirmation of a release of petroleum from an UST system in accordance

with regulations promulgated by the OSFM, the owner or operator, or both,

shall perform the following initial response actions within 24 hours after the

release:

1) Report the release to IEMA (e.g., by telephone or electronic mail);

2) Take immediate action to prevent any further release of the regulated

substance to the environment; and

3) Identify and mitigate fire, explosion and vapor hazards.

b) Within 20 days after confirmation of a release of petroleum from a UST system

in accordance with regulations promulgated by the OSFM, the owner or

operator shall perform the following initial abatement measures:

1) Remove as much of the petroleum from the UST system as is necessary

to prevent further release into the environment;

---

 

17

2) Visually inspect any aboveground releases or exposed below ground

releases and prevent further migration of the released substance into

surrounding soils and groundwater;

3) Continue to monitor and mitigate any additional fire and safety hazards

posed by vapors or free product that have migrated from the UST

excavation zone and entered into subsurface structures (such as sewers or

basements);

4) Remedy hazards posed by contaminated soils that are excavated or

exposed as a result of release confirmation, site investigation, abatement

or corrective action activities. If these remedies include treatment or

disposal of soils, the owner or operator shall comply with 35 Ill. Adm.

Code 722, 724, 725, and 807 through 815;

5) Measure for the presence of a release where contamination is most likely

to be present at the UST site, unless the presence and source of the

release have been confirmed in accordance with regulations promulgated

by the OSFM. In selecting sample types, sample locations, and

measurement methods, the owner or operator shall consider the nature of

the stored substance, the type of backfill, depth to groundwater and other

factors as appropriate for identifying the presence and source of the

release; and

6) Investigate to determine the possible presence of free product, and begin

free product removal as soon as practicable and in accordance with

Section 732.203 below.

c) Within 20 days after confirmation of a release of petroleum from a UST system

in accordance with regulations promulgated by the OSFM, owners or operators

shall submit a report to the Agency summarizing the initial abatement steps

taken under subsection (b) of this Section and any resulting information or data.

The report shall be submitted on forms prescribed and provided by the Agency

and, if specified by the Agency by written notice, in an electronic format.

d) Within 45 days after confirmation of a release, owners or operators shall

assemble information about the site and the nature of the release, including

information gained while confirming the release or completing the initial

abatement measures in subsections (a) and (b) of this Section. This information

shall include, but is not limited to, the following:

1) Data on the nature and estimated quantity of release;

2) Data from available sources or site investigations concerning the

following factors: surrounding populations, water quality, use and

approximate locations of wells potentially affected by the release,

---

 

18

subsurface soil conditions, locations of subsurface sewers, climatological

conditions and land use;

3) Results of the site check required at subsection (b)(5) of this Section;

4) Results of the free product investigations required at subsection (b)(6) of

this Section, to be used by owners or operators to determine whether free

product must be recovered under Section 732.203.

e) Within 45 days after confirmation of a release of petroleum from a UST system

in accordance with regulations promulgated by the OSFM, owners or operators

shall submit to the Agency the information collected in compliance with

subsection (d) of this Section in a manner that demonstrates its applicability and

technical adequacy. The information shall be submitted on forms prescribed

and provided by the Agency and, if specified by the Agency by written notice,

in an electronic format.

f)

Notwithstanding any other corrective action taken, an owner or operator may,

at a minimum, and prior to submission of any plans to the Agency, remove the

tank system, or abandon the underground storage tank in place, in accordance

with the regulations promulgated by the Office of the State Fire Marshal.

(see 41

ILCSIll. Adm. Code 160, 170, 180, 200).

The owner may remove visibly

contaminated fill material and any groundwater in the excavation which exhibits

a sheen

. Early action may also include disposal in accordance with applicable

regulations or ex situ treatment of contaminated fill material in accordance with

Section 57.7(a)(1)(B) of the Act. [415 ILCS 5/57.6(b)](Section 57.6(b) of the

Act).

g) For purposes of reimbursement, the activities set forth in subsection (f) of the

Section shall be performed within 45 days after confirmationinitial notification

to IEMA of a release plus 7 days, unless special circumstances, approved by the

Agency in writing, warrant continuing such activities beyond 45 days plus 7

days. The owner or operator shall notify the Agency in writing of such

circumstances within 45 days after confirmationinitial notification to IEMA of a

release plus 7 daysof such circumstances. Costs incurred beyond 45 days plus 7

days shall be eligible if the Agency determines that they are consistent with

early action.

 

BOARD NOTE: Owners or operators seeking reimbursement are to first notify IEMA

of a suspected release and then confirm the release within seven days to IEMA pursuant

to regulations promulgated by the OSFM. See 41 Ill. Adm. Code 170.560, 170.580,

170.600. The Board is setting the beginning of the reimbursement period at subsection

732.202(g) to correspond to the notification and confirmation to IEMA.

h) The owner or operator shall determine whether the areas or locations of soil

contamination exposed as a result of early action excavation (e.g., excavation

---

 

19

boundaries, piping runs) meet the applicable Tier 1 remediation objectives

pursuant to 35 Ill. Adm. Code 742, Subpart E. Six samples shall be collected,

one on each sidewall and two at the bottom of the excavation. If contaminated

backfill is returned to the excavation, 2 representative samples must be collected

and analyzed for the applicable indicator contaminants. Additional samples may

be required for a multiple tank excavation.

1)

If the remediation objectives have been met, and if there is no evidence

that contaminated soils may be or may have been in contact with

groundwater, the owner or operator shall submit a corrective action

completion report demonstrating compliance with those remediation

objectives.

2) If the remediation objectives have not been met, or if there is evidence

that contaminated soils may be or may have been in contact with

groundwater, the owner or operator shall continue evaluation in

accordance with Subpart C of this Part.

BOARD NOTE: Section 57.7(a)(1)(B) of the Act limits payment or reimbursement

from the Fund for removal of contaminated fill material during early action activities.

Owners or operators proceeding with activities set forth in subsection (f) of this Section

are advised that they may not be entitled to full payment or reimbursement. See

Subpart F of this Part

.

 

(Source: Amended at ___ Ill. Reg. ________, effective ________________________)

Section 732.203

 

Free Product Removal

a) Under any circumstance in which conditions at a site indicate the presence of

free product, owners or operators shall remove free product to the maximum

extent practicable while initiating or continuing any actions required pursuant to

this Part or other applicable laws or regulations. In meeting the requirements of

this Section, owners or operators shall:

a)1) Conduct free product removal in a manner that minimizes the spread of

contamination into previously uncontaminated zones by using recovery

and disposal techniques appropriate to the hydrogeologic conditions at

the site and that properly treats, discharges or disposes of recovery

byproducts in compliance with applicable local, State and federal

regulations;

b)2) Use abatement of free product migration as a minimum objective for the

design of the free product removal system;

c)3) Handle any flammable products in a safe and competent manner to

prevent fires or explosions; and

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20

d)4) Within 45 days after the confirmation of presence of free product from a

UST, prepare and submit to the Agency a free product removal report on

formsa form prescribed and provided by the Agency and, if specified by

the Agency, by written notice, in an electronic format. The report shall,

at a minimum, provide the following:

1)A) The name of the persons responsible for implementing the free

product removal measures;

2)B) The estimated quantity, type and thickness of free product

observed or measured in wells, boreholes and excavations;

3)C) The type of free product recovery system used;

4)D) Whether any discharge will take place on-site or off-site during

the recovery operation and where this discharge will be located;

5)E) The type of treatment applied to, and the effluent quality expected

from, any discharge;

6)F) The steps that have been or are being taken to obtain necessary

permits for any discharge; and

7)G) The disposition of the recovered free product. and

5)

If free product removal activities are conducted more than 45 days after

the confirmation of the presence of free product, submit free product

removal reports in accordance with a schedule established by the

Agency.

b)

For purposes of reimbursement, owners or operators are not required to obtain

Agency approval pursuant to Section 732.202(g) for free product removal

activities conducted more than 45 days after initial notification to IEMA of a

release.

(Source: Amended at ______ Ill. Reg. ________, effective ________________________)

Section 732.204 Application for Payment

Owners or operators intending to seek payment or reimbursement for early action activities are

not required to submit a corresponding budget plan to the Agency prior to the application for

payment. The application for payment may be submitted to the Agency upon completion of the

early action activities in accordance with the requirements at Subpart F of this Part. In the

alternative, the owner or operator may submit line item estimates of the activities and costs as

part of a site classification budget plan submitted pursuant to Section 732.305 for prior review

and approval in accordance with Subpart E of this Part. If the alternative of submitting a line

item estimate of the activities and costs is selected, a subsequent application for payment

---

 

21

satisfying the requirements of Subpart F will be required before payment can be approved and

such application for payment must be submitted with an application for payment for site

classification activities.

(Source: Amended at ______ Ill. Reg. ___________, effective ________________________)

SUBPART C: SITE EVALUATION AND CLASSIFICATION

Section 732.300 General

a) Except as provided in subsection (b) of this Section, the owner or operator of

any site subject to this Part shall evaluate and classify the site in accordance with

the requirements of this Subpart C. All such sites shall be classified as No

Further Action, Low Priority or High Priority. Site classifications shall be

based on the results of the site evaluation, including, but not limited to, the

physical soil classification and the groundwater investigation, if applicable.

b)

An owner or operator may choose to conduct remediation sufficient to satisfy

the remediation objectives in Section 732.408 of this Part as an alternative to

Owners or operators subject to this Part 732 may proceed without conducting

site classification activities pursuant to this Subpart C under the following

circumstances provided that:

1)

If the owner or operator chooses to conduct remediation sufficient to

satisfy the remediation objectives in Section 732.408 of this Part. Upon

completion of the remediation, the owner or operator shall submit a

corrective action completion report, demonstrating compliance with the

required levels. With the exception of Federal Landholding Entities

subject to Section 732.703(d), theThe owner or operator must sign and

submit, with the corrective action completion report, a form prescribed

and provided by the Agency addressing ownership of the site. Where

the owner or operator owns the site, the owner or operator must so

indicate on the form. Where the owner or operator either does not own

or does not solely own the site, the owner or operator must provide, on

the form, a certification by original signature of the title holder(s) of

record for the remediation site or each portion thereof, or the agent(s) of

such person(s), stating as follows:

I hereby certify that I have reviewed the attached report and that I accept

the terms and conditions set forth therein, including any land use

limitations, that apply to property I own. I further certify that I have no

objection to the recording of a No Further Remediation Letter containing

the terms and conditions identified in the corrective action completion

reportCorrective Action Completion ReportA groundwater investigation

shall be required if any of the following conditions exist, unless an

---

 

22

evaluation through 35 Ill. Adm. Code 742 determines that no

groundwater investigation is necessary:; and

 

  

2)

Unless an evaluation pursuant to 35 Ill. Adm. Code 742 demonstrates

 

that no groundwater investigation is necessary, the owner or operator

 

must complete a groundwater investigation under the following

circumstances:

A) If Tthere is evidence that groundwater wells have been impacted

by the release above the Tier 1 residential numbers set forth in 35

Ill. Adm. Code 742.Appendix B (e.g., as found during release

confirmation or previous corrective action measures);

B) If Ffree product that may impact groundwater is found to need

recovery in compliance with Section 732.203 of this Part; or

C) If Tthere is evidence that contaminated soils may be or may have

been in contact with groundwater, except that, if the owner or

operator pumps the excavation or tank cavity dry, properly

disposes of all contaminated water, and demonstrates to the

Agency that no recharge is evident during the 24 hours following

pumping, the owner or operator does not have to complete a

groundwater investigation, unless the Agency’s review reveals

that further groundwater investigation is necessary. as a result of:

i)

Groundwater infiltrating the tank excavation; or

ii) Groundwater occurring at or above the invert elevation of

the UST.

2)

If, upon completion of early action requirements pursuant to Subpart B

of this Part, the owner or operator can demonstrate compliance with the

remediation objectives required in Section 732.408 of this Part. Upon

completion of the early action requirements, the owner or operator shall

submit a corrective action completion report demonstrating compliance

with the required levels.

BOARD NOTE: Owners or operators proceeding under subsection (b) of this

Section are advised that they may not be entitled to full payment or

reimbursement. See Subpart F of this Part.

 

c) For corrective action completion reports submitted pursuant to subsection (b) of

this Section, the Agency shall issue a No Further Remediation Letter upon

approval of the report by the Agency in accordance with Subpart E.

(Source: Amended at ___ Ill. Reg. ________, effective ________________________)

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23

Section 732.302 No Further Action Sites

a) Unless an owner or operator elects to classify a site under Section 732.312, sites

shall be classified as No Further Action if all of the following criteria are

satisfied:

1) The physical soil classification procedure completed in accordance with

Section 732.307 confirms either of the following:

A) “Berg Circular”

Berg Circular

i) The site is located in an area designated D, E, F or G on

the Illinois State Geological Survey Circular (1984)

entitled, “Potential for Contamination of Shallow Aquifers

in Illinois,” incorporated by reference at Section 732.104

of this Part; and

ii) The site's actual physical soil conditions are verified as

consistent with those designated D, E, F or G on the

Illinois State Geological Survey Circular (1984) entitled,

“Potential for Contamination of Shallow Aquifers in

Illinois”; or

B) The site soil characteristics satisfy the criteria of Section

732.307(d)(3) of this Part;

2) The UST system is not within the minimum or maximum setback zone of

a potable water supply well or regulated recharge area of a potable water

supply well;

3) After

completingcompletion of early action measures in accordance with

Subpart B of this Part, there is no evidence that, through natural

pathways or man-made pathways, migration of petroleum or vapors

threaten threatens human health or human safety or may cause explosions

in basements, crawl spaces, utility conduits, storm or sanitary sewers,

vaults or other confined spaces;

4) There is no designated Class III special resource groundwater within 200

feet of the UST system; and

5) After completing early action measures in accordance with Subpart B of

this Part, no surface bodies of water are adversely affected by the

presence of a visible sheen or free product layer as a result of a release

of petroleum.

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24

b) Groundwater investigation

shall be required to confirm that a site meets the

criteria of a No Further Action site if the Agency has received information

indicating that the groundwater is contaminated at levels in excess of applicable

groundwater objectives specified in 35 Ill. Adm. Code 742 at the property

boundary line or 200 feet from the UST system, whichever is less. In such

cases, a groundwater investigation that meets the requirements of Section

732.307(j) shall be performed. If the investigation confirms there is an

exceedence of applicable Tier 1 residential indicator contaminant objectives (set

forth in 35 Ill. Adm. Code 742.Appendix B), the Agency may reclassify the site

as High Priority.

(Source: Amended at ___ Ill. Reg. ________, effective ________________________)

Section 732.305 Plan Submittal and Review

a) Unless an owner or operator elects to classify a site under Section 732.312,

prior to conducting any site evaluation activities, the owner or operator shall

submit to the Agency a site classification plan, including but not limited to a

physical soil classification and groundwater investigation plan, satisfying the

minimum requirements for site evaluation activities as set forth in Section

732.307. The plans shall be designed to collect data sufficient to determine the

site classification in accordance with Section 732.302, 732.303 or 732.304 of

this Part. Site classification plans shall be submitted on forms prescribed and

provided by the Agency and, if specified by the Agency by written notice, in an

electronic format.

b) In addition to the plan required in subsection (a) of this Section and prior to

conducting any site evaluation activities, any owner or operator intending to

seek payment from the Fund shall submit to the Agency:

1) An application for payment of costs associated with eligible early action

costs incurred pursuant to Subpart B of this Part, except as provided in

subsection (b)(2) of this Section; and

2) A site classification budget plan, thatwhich shall include, but not be

limited to, a copy of the eligibility and deductibility determination of the

OSFM and a line item estimate of all costs associated with the

development, implementation and completion of the site evaluation

activities required in Section 732.307. In accordance with Section

732.204 of this Part, the owner or operator may submit a site

classification budget plan that includes a line item estimate of the

activities and costs of early action for review and approval prior to the

submittal of an application for payment. Formulation of budget plans

should be consistent with the eligible and ineligible costs listed at

Sections 732.605 and 732.606 of this Part. Site classification budget

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25

plans shall be submitted on forms prescribed and provided by the Agency

and, if specified by the Agency by written notice, in an electronic

format.

c) The Agency shall have the authority to review and approve, reject or require

modification of any plan submitted pursuant to this Section in accordance with

the procedures contained in Subpart E of this Part.

d) Notwithstanding subsections (a) and (b) of this Section, an owner or operator

may proceed to conduct site evaluation activities in accordance with this Subpart

C prior to the submittal or approval or of an otherwise required site

classification plan (including physical soil classification and groundwater

investigation plans, costs associated with activities to date and anticipated

further costs and associated budget plans). However, any such plan shall be

submitted to the Agency for review and approval, rejection or modification in

accordance with the procedures contained in Subpart E of this Part prior to

payment or reimbursement for any related costs or the issuance of a No Further

Remediation Letter. If the owner or operator has obtained Agency approval of

a Site Classification Work Plan and site classification completion reportSite

Classification Completion Report without submittal of a budget plan pursuant to

subsection (b) of this Section, the owner or operator may, as an alternative to

submitting a budget plan, submit, on a form provided by the Agency and

attached to the application for payment, the actual costs incurred in performing

site evaluation activities.

 

BOARD NOTE: Owners or operators proceeding under subsection (d) of this Section

are advised that they may not be entitled to full payment or reimbursement. See

Subpart F of this Part.

e) If, following the approval of any site classification plan, an owner or operator

determines that revised procedures or cost estimates are necessary in order to

comply with the minimum required activities for the site, the owner or operator

shall submit, as applicable, an amended site classification plan or associated

budget plan for review by the Agency. The Agency shall have the authority to

review and approve, reject or require modifications of the amended plan in

accordance with the procedures contained in Subpart E of this Part.

 

BOARD NOTE: Owners or operators proceeding under subsection (d) of this

Section are advised that they may not be entitled to full payment or

reimbursement. See Subpart F of this Part.

(Source: Amended at ___ Ill. Reg. ________, effective ________________________)

Section 732.307 Site Evaluation

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26

a) Except as provided in Section 732.300(b), or unless an owner or operator elects

to classify a site under Section 732.312, the owner or operator of any site for

which a release of petroleum has been confirmed in accordance with regulations

promulgated by the OSFM and reported to IEMA shall arrange for site

evaluation and classification in accordance with the requirements of this Section.

A Licensed Professional Engineer (or, where appropriate, persons working

under the direction of a Licensed Professional Engineer) shall conduct the site

evaluation. A Licensed Professional Geologist, to the extent authorized by the

Professional Geologist Licensing Act [225 ILCS 745], may practice under the

direction of a Licensed Professional Engineer on the site evaluation. The results

of the site evaluation shall provide the basis for determining the site

classification. The site classification shall be certified by the supervising

Licensed Professional Engineer.

b) As a part of each site evaluation, the Licensed Professional Engineer or

Licensed Professional Geologist under the direction of a Licensed Professional

Engineer shall conduct a physical soil classification in accordance with the

procedures at subsection (c) or (d) of this Section. Except as provided in

subsection (e) of this Section, all elements of the chosen method of physical soil

classification must be completed for each site. In addition to the requirement

for a physical soil classification, the Licensed Professional Engineer or Licensed

Professional Geologist shall, at a minimum, complete the requirements at

subsections (f) through (j) of this Section before a Licensed Professional

Engineer classifiesclassifying a site as High Priority or Low Priority and

subsection (f) through (i) of this Section before a Licensed Professional

Engineer classifiesclassifying a site as No Further Action.

c) Method One for Physical Soil Classification:

1) Soil Borings

A) Prior to conducting field activities, a review of scientific

publications and regional geologic maps shall be conducted to

determine if the subsurface strata are as generally mapped in the

Illinois State Geological Survey Circular (1984) entitled,

“Potential for Contamination of Shallow Aquifers in Illinois,”

incorporated by reference in Section 732.104 of this Part. A list

of the publications reviewed and any preliminary conclusions

concerning the site geology shall be included in the site

classification completion report.

B) A minimum of one soil boring to a depth that includes 50 feet of

native soil or to bedrock shall be performed for each tank field

with a release of petroleum.

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27

C) If, during boring, bedrock is encountered or if auger refusal

occurs because of the density of a geologic material, a sample of

the bedrock or other material shall be collected to determine

permeability or an in situ test shall be performed to determine

hydraulic conductivity in accordance with subsections (c)(3)(A)

and (c)(3)(B) of this Section. If bedrock is encountered or auger

refusal occurs, the Licensed Professional Engineer or Licensed

Professional Geologist shall verify that the conditions that

prevented the full boring are expected to be continuous through

the remaining required depth.

D) Borings shall be performed within 200 feet of the outer edge of

the tank field or at the property boundary, whichever is less. If

more than one boring is required per site, borings shall be spaced

to provide reasonable representation of site characteristics. The

actual spacing of the borings shall be based on the regional

hydrogeologic information collected in accordance with

subsection (c)(1)(A) of this Section. Location shall be chosen to

limit to the greatest extent possible the vertical migration of

contamination.

E) Soil borings shall be continuously sampled to ensure that no gaps

appear in the sample column.

F) If anomalies are encountered, additional soil borings may be

necessary to verify the consistency of the site geology.

G) Any water bearing units encountered shall be protected as

necessary to prevent cross-contamination of water bearing units

during drilling.

H) The owner or operator may utilize techniques other than those

specified in this subsection (c)(1) of this Section for soil

classification provided that:

i) The techniques provide equivalent, or superior,

information as required by this Section;

ii) The techniques have been successfully utilized in

applications similar to the proposed application;

iii) Methods for quality control can be implemented; and

iv) The owner or operator has received written approval from

the Agency prior to the start of the investigation.

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28

2) Soil Properties

The following tests shall be performed on a representative sample of each of the

stratigraphic units encountered in the native soil boring whichthat has been

determined most conducive to transporting contaminants from the source based

on site factors, including but not limited to visual and tactile observations, the

classification of the soil, any prior evaluation of the site stratigraphy, the

volume of the release, the thickness or extent of the stratigraphic unitsize or

extent of the unit, and the requirements of ASTM D 2488-93, Standard Practice

for Description and Identification of Soils (Visual-Manual Procedure), approved

September 15, 1993:

A) A soil particle analysis using the test methods specified in ASTM

(American Society for Testing and Materials) StandardsStandard D 422-

63 or D 1140-92, “Standard Test Method for Particle-Size Analysis of

Soils,” or “Standard Test Method for Amount of Material in Soils Finer

than the No. 200 (75 umμm) Sieve,” incorporated by reference in

Section 732.104 of this Part, or other Agency approved method;

B) A soil moisture content analysis using the test methods specified in

ASTM StandardsStandard D 2216-92 or D 4643-93, “Standard Test

Method for Laboratory Determination of Water (Moisture) Content of

Soil and Rock,” or “Standard Test Method for Determination of Water

(Moisture) Content of Soil by the Microwave Oven Method,”

incorporated by reference in Section 732.104 of this Part, or other

Agency approved method;

C) A soil classification using the test methods specified in ASTM Standards

Standard D 2487-93 or D 2488-93, “Standard Test Method for

Classification of Soils for Engineering Purposes” or “Standard Practice

for Description and Identification of Soils (Visual-Manual Procedure),”

incorporated by reference in Section 732.104 of this Part, or other

Agency approved method;

D) Unconfined compression strength shall be determined in tons per square

foot by using a hand penetrometer; and

E) If representative samples of each stratigraphic unit are collected for soil

property testing by the use of thin-walled tube sampling, an additional

soil boring must be performed for this sampling within 5 feet of the site

classification boring. Thin-walled tube sampling must be conducted in

accordance with ASTM Standard Test Method D 1587-83, incorporated

by reference in Section 732.104 of this Part, or other Agency approved

method. The boring from which the thin-walled tubes are collected must

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29

be logged in accordance with the requirements of 35 Ill. Adm. Code

Section 732.308(a) of this Part.

3) Hydraulic Conductivity

A) If a water bearing unit is encountered while performing soil boring(s) for

the physical soil classification, an in- situ hydraulic conductivity test

shall be performed in the first fully saturated layer below the water table.

If multiple water bearing units are encountered, an in- situ hydraulic

conductivity test shall be performed on each such unit. Wells used for

hydraulic conductivity testing shall be constructed in a manner that

ensures the most accurate results.

i) Wells used for hydraulic conductivity testing shall be constructed

in a manner that ensures the most accurate results.

ii) The screen must be contained within the saturated zone.

B) If no water bearing unit is encountered in the required soil boring(s),

then the following laboratory analyses shall be conducted, as applicable,

on a representative sample from each stratigraphic unit:

i) A hydraulic conductivity analysis of undisturbed or laboratory

compacted granular soils (i.e., clay, silt, sand or gravel) using the

test method specified in ASTM (American Society for Testing

and Materials) Standard D 5084-90, “Standard Test Method for

Measurement of Hydraulic Conductivity of Saturated Porous

Materials Using a Flexible Wall Permeameter,” incorporated by

reference in Section 732.104 of this Part, or other Agency

approved method.

ii) Granular soils that are having estimated to have hydraulic

conductivity of greater than 1 x 10

-3 cm/s cm/sec will fail the

minimum geologic conditions for “No Further Action”:, i.e.,

rating of D, E, F, or G as described in the Berg

Circularhydraulic conductivity requirements within the Berg

Circular for No Further Action geology, and therefore, no

physical tests need to be run on the soils.

iii) A hydraulic conductivity analysis of bedrock using the test

method specified in ASTM (American Society for Testing and

Materials) Standard D 4525-90, “Standard Test Method for

Permeability of Rocks by Flowing Air,” incorporated by

reference in Section 732.104 of this Part, or other Agency

approved method.

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30

iv) If representative samples of each stratigraphic unit are collected

for soil property testing by the use of thin-walled tube sampling,

an additional soil boring must be performed for this sampling

within 5 feet of the site classification boring. Thin-walled tube

sampling must be conducted in accordance with ASTM Standard

Test Method D 1587-83, incorporated by reference in Section

732.104 of this Part, or other Agency approved method. The

boring from which the thin-walled tubes are collected must be

logged in accordance with the requirements of 35 Ill. Adm. Code

Section 732.308(a) of this Part.

4) If the results of the physical soil classification or groundwater

investigation reveal that the actual site geologic characteristics are

different from those generally mapped by the Illinois State Geological

Survey Circular (1984) entitled, “Potential for Contamination of Shallow

Aquifers in Illinois,” incorporated by reference at Section 732.104 of

this Part, the site classification shall be determined using the actual site

geologic characteristics.

d) Method Two for Physical Soil Classification:

1) Soil Borings

A) A minimum of one soil boring to a depth that includes native

material from the invert elevation of the most shallow UST to 15

feet below the invert elevation of the deepest UST for each tank

field with a release of petroleum.

B) This boring shall meet the requirements of subsections (c)(1)(C)

through (c)(1)(G) of this Section.

2) Soil Properties

The following tests shall be performed on a representative sample of

each of the stratigraphic units encountered in the native soil boring

thatwhich has been determined most conducive to transporting

contaminants from the source based on site factors including but not

limited to visual and tactile observations, the classification of the soil,

any prior evaluation of the site stratigraphy, the volume of the release,

the size or extent of the unit, and the requirements of ASTM D 2488-93,

Standard Practice for Description and Identification of Soils (Visual-

Manual Procedure), approved September 15, 1993 and incorporated by

reference in Section 732.104 of this Part :

A) A soil particle analysis satisfying the requirements of subsection

(c)(2)(A) of this Section; and

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31

B) Either:

i) A pump test or equivalent to determine the yield of the

geologic material. Methodology, assumptions and any

calculations performed shall be submitted as part of the

site classification completion report. If the aquifer

geometry and transmissivity have been obtained through a

site-specific field investigation, an analytical solution may

be used to estimate well yield. The Licensed Professional

Engineer or Licensed Professional Geologist shall

demonstrate the appropriateness of the analytical solution

to estimate well yield versus an actual field test. Well

yield should be determined for either confined or

unconfined formations. Once the yield has been

determined site-specifically, the hydraulic conductivity

shall be calculated; or

ii) Hydraulic conductivity shall be determined in accordance

with subsection (c)(3) of this Section. Once the hydraulic

conductivity has been determined site-specifically, the

yield shall be calculated.

C) If representative samples of each stratigraphic unit are collected

for soil property testing by the use of thin-walled tube sampling,

an additional soil boring must be performed for this sampling

within 5 feet of the site classification boring. Thin-walled tube

sampling must be conducted in accordance with ASTM Standard

Test Method D 1587-83, incorporated by reference in Section

732.104 of this Part, or other Agency approved method. The

boring from which the thin-walled tubes are collected must be

logged in accordance with the requirements of35 Ill. Adm. Code

Section 732.308(a) of this Part.

3) The results of the boring(s) and tests described in subsections (d)(1) and

(d)(2) of this Section shall be used to demonstrate whether the native

material from the invert elevation of the most shallow UST to 15 feet

below the invert elevation of the deepest UST meets all of the following

criteria:

A) Does not contain unconsolidated sand, gravel or sand and gravel

that is 5 feet or more in thickness with 12 percent or less fines

(i.e., fines that pass through a No. 200 sieve tested according to

ASTM (American Society for Testing and Materials) Standard

Test Method D 2487-93, “Standard Test Method for

Classification of Soils for Engineering Purposes,” incorporated

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32

by reference at Section 732.104 of this Part, or other Agency

approved method);

B) Does not contain sandstone that is 10 feet or more in thickness,

or fractured carbonate that is 15 feet or more in thickness;

C) Is not capable of sustained groundwater yield, from up to a 12

inch borehole, of 150 gallons per day or more from a thickness of

15 feet or less; and

D) Is not capable of hydraulic conductivity of 1 x 10

-4 cm/sec or

greater.

e) If, during the completion of the requirements of subsection (c) or (d) of this

Section, a Licensed Professional Engineer determines that the site geology is not

consistent with areaareas D, E, F or G of the Illinois State Geological Survey

Circular (1984) entitled, “Potential for Contamination of Shallow Aquifers in

Illinois,” incorporated by reference in Section 732.104 of this Part or that the

criteria of subsection (d)(3) are not satisfied, any remaining steps required by

subsection (c) or (d) may be suspended, provided that the soil investigation has

been sufficient to satisfy the requirements of subsection (g) of this Section. If

activities are suspended under this subsection (e), the Licensed Professional

Engineer or Licensed Professional Geologist shall complete the requirements of

subsections (f) through (j) of this Section in order to determine whether the site

is High Priority or Low Priority, although a Licensed Professional Geologist

may not perform an investigation of migration pathways pursuant to subsection

(g) of this Section. The site conditions upon which the suspension of the

requirements of subsection (c) or (d) of this Section is based shall be

documented in the site classification completion report.

f) Survey of Water Supply Wells

1) The Licensed Professional Engineer or Licensed Professional Geologist

shall conduct a survey of water supply wells for the purpose of

identifying and locating all community water supply wells within 2500

feet of the UST system and all potable water supply wells within 200 feet

of the UST system. The survey shall include, but not be limited to,

contacting the Illinois State Geological Survey and the Illinois State

Water Survey. The local unit of local government with authority over

the site shall be contacted to determine if there is a local ordinance or

policy regulating the usage of potable water supply wells.

2) The Licensed Professional Engineer or Licensed Professional Geologist

shall provide a map to scale showing the locations of all community

water supply wells and all potable water supply wells including the

designated minimum and maximum setback zones of the wells identified

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33

pursuant to subsection (f)(1) of this Section. Radii of 200, 400, 1000,

and 2500 feet from the UST system shall be marked on the map.

3) The Licensed Professional Engineer or Licensed Professional Geologist

shall provide a table indicating the setback zone for each community

water supply well and potable water supply well identified pursuant to

subsection (f)(1) of this Section and the distance from the UST system to

the well. The locations of each well shall be identified on the map by

numbers corresponding to the information provided in the table.

4) The Licensed Professional Engineer or Licensed Professional Geologist

shall determine if the UST system is within the regulated recharge area

of any community water supply well or potable water supply well. The

sources consulted in making this determination shall be described in the

site classification completion report.

g) Investigation of

Migration Pathways

1) The Licensed Professional Engineer shall conduct an investigation either

separately or in conjunction with the physical soil classification to

identify all potential natural and man-made migration pathways that are

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

surrounding the site that may be adversely affected as a result of the

release of petroleum from the UST system. Once the migration

pathways have been identified, the areas along all such pathways shall be

further investigated in a manner sufficient to determine whether or not

there is evidence that migration of petroleum or vapors along such

pathways:

A) May potentially threaten human health or human safety; or

B) May cause explosions in basements, crawl spaces, utility

conduits, storm or sanitary sewers, vaults or other confined

spaces.

2)

Natural pathways shall be identified using data obtained from

investigation at the site. This must include, but is not limited to,

identification and location of groundwater if encountered during

excavation activities or soil boring activities, identification of different

soil strata during excavation activities or soil boring activities and

inspection of surface water bodies. Investigation and evaluation of

natural migration pathways shall include, for applicable indicator

contaminants along potential natural migration pathways:

A) Soil sampling and laboratory analysis of samples; and

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34

B)

When groundwater is encountered or when there is potential for

surface water contamination, groundwater and surface water

sampling and laboratory analysis of samples.

3) Man-made pathways shall be identified from site plans, a review of

underground utilities as identified by the Joint Utility Location

Information for Excavators and interviews with site owners or personnel.

The Licensed Professional Engineer must determine whether migration

of contaminants of concern along any of these pathways has occurred,

using laboratory analytical data for applicable indicator contaminants

obtained as follows:

A)

From prior sampling, provided that such laboratory

analytical data demonstrates that no contaminant of

concern has migrated to or along any man-made

pathways;

B) From soil samples, and groundwater samples if

groundwater is encountered, taken between man-made

pathways and contaminated soil, provided that such

laboratory analytical data demonstrates that no

contaminant of concern has migrated to or along any man-

made pathways; or

C)

From soil samples, and groundwater samples if

groundwater is encountered, taken along man-made

pathways.

42) The Licensed Professional Engineer shall provide a map of the site and

any surrounding areas that may be adversely affected by the release of

petroleum from the UST system. At a minimum, the map shall be to

scale, oriented with north at the top, and shall show the location of the

leaking UST system(s) with any associated piping and all potential

natural and man-made pathways that are on the site, that are in rights-of-

way attached to the site, or that are in areas that may be adversely

affected as a result of the release of petroleum.

53) Unless the Agency's review reveals objective evidence to the contrary,

the Licensed Professional Engineer shall be presumed correct when

certifying whether or not there is evidence that, through natural or man-

made pathways, migration of petroleum or vapors:

A) May potentially threaten human health or human safety; or

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35

B) May cause explosions in basements, crawl spaces, utility

conduits, storm or sanitary sewers, vaults or other confined

spaces.

h) The Licensed Professional Engineer or Licensed Professional Geologist shall

verify whether Class III groundwater exists within 200 feet of the UST system.

i) The Licensed Professional Engineer or Licensed Professional Geologist shall

locate all surface bodies of water on site and within 100 feet of the site and

provide a map noting the locations. All such surface bodies of water shall be

inspected to determine whether they have been adversely affected by the

presence of a sheen or free product layer resulting from the release of petroleum

from the UST system.

j) Groundwater Investigation

1) For sites failing to meet NFA site classification or for sites where a

groundwater investigation is necessary pursuant to Section 732.302(b) of

this Part at which such investigation is required pursuant to this Part, the

Licensed Professional Engineer or Licensed Professional Geologist shall

perform a groundwater investigation as required under this Part in

accordance with this subsection (j) of this Section to determine whether

an applicable indicator contaminant groundwater quality standard has

been exceeded at the property boundary or 200 feet from the UST

system, whichever is less, as a result of the UST release of petroleum.

2) Applicable indicator contaminants and groundwater quality standards

shall be those identified pursuant to Sections 732.310 and 732.311 of this

Part.

3) Except as provided in subsection (j)(6) of this Section, a minimum of

four groundwater monitoring wells shall be installed at the property

boundary or 200 feet from the UST system, whichever is less. In the

event that a groundwater monitoring well cannot be physically installed

at the property line or 200 feet from the UST system, whichever is

closer, in accordance with this subsection (j), the owner or operator shall

request approval from the Agency to place the well further out, but at the

closest practical point to the compliance point. The owner or operator

may elect to place a monitoring well in a location that is closer to the

UST system than this Partpartthe rule requires. However, once the

election is made, the owner or operator may not withdraw the election at

a later time. The Agency may require the installation of additional

monitoring wells to ensure that at least one monitoring well is located

hydraulically upgradient and three monitoring wells are located

hydraulically downgradient of the UST system. The wells must be

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36

installed so that they provide the greatest likelihood of detecting

migration of groundwater contamination. At a minimum, monitoring

well construction shall satisfy the following requirements:

A) Construction shall be in a manner that will enable the collection

of representative groundwater samples;

B) All monitoring wells shall be cased in a manner that maintains the

integrity of the borehole. Casing material shall be inert so as not

to affect the water sample. Casing requiring solvent-cement type

couplings shall not be used;

C) Wells shall be screened to allow sampling only at the desired

interval. Annular space between the borehole wall and well

screen section shall be packed with clean, well-rounded and

uniform material sized to avoid clogging by the material in the

zone being monitored. The slot size of the screen shall be

designed to minimize clogging. Screens shall be fabricated from

material that is inert with respect to the constituents of the

groundwater to be sampled;

D) Annular space above the well screen section shall be sealed with a

relatively impermeable, expandable material such as

cement/bentonite grout, thatwhich does not react with or in any

way affect the sample, in order to prevent contamination of

groundwater samples and groundwater and avoid

interconnections. The seal shall extend to the highest known

seasonal groundwater level;

E) The annular space shall be backfilled with expanding cement

grout from an elevation below the frost line and mounded above

the surface and sloped away from the casing so as to divert

surface water away;

F) All monitoring wells shall be covered with vented caps and

equipped with devices to protect against tampering and damage.

Locations of wells shall be clearly marked and protected against

damage from vehicular traffic or other activities associated with

expected site use; and

G) All wells shall be developed to allow free entry of water,

minimize turbidity of the sample, and minimize clogging.

4) Monitoring well construction diagrams prescribed and provided by the

Agency shall be completed for each monitoring well.

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37

5) Static water elevations shall be measured for each monitoring well.

Groundwater samples shall be taken from each well and analyzed for the

applicable indicator contaminants. The data collected shall be used to

determine the direction of groundwater flow and whether the applicable

groundwater quality standards or clean-up objectives have been

exceeded. Samples shall be collected and analyzed in accordance with

the following procedures:

A) Samples shall be collected in accordance with the procedures set

forth in the documents “Methods for Chemical Analysis of Water

and Wastes,” “Methods for the Determination of Organic

Compounds in Drinking Water,” “Practical Guide for Ground-

Water Sampling,” “Test Methods for Evaluating Solid Wastes,

Physical/Chemical Methods,” or “Techniques of Water

Resources Investigations of the United States Geological Survey,

Guidelines for Collection and Field Analysis of Ground-Water

Samples for Selected Unstable Constituents,” as appropriate for

the applicable indicator contaminants or groundwater objectives

and as incorporated by reference at Section 732.104 of this Part.

B) Groundwater elevation in a groundwater monitoring well shall be

determined and recorded to establish the gradient of the

groundwater table.

C) The analytical methodology used for the analysis of the indicator

contaminants shall be consistent with both of the following:

i) The methodology shall have a practical quantitation limit

(PQL) at or below the objectives or detection levels set

forth in 35 Ill. Adm. Code 742 or as set for mixtures or

degradation products as provided in Section 732.310 of

this Part; and

ii) The methodology must be consistent with the

methodologies contained in “Methods for Chemical

Analysis of Water and Wastes,” “Methods for the

Determination of Organic Compounds in Drinking

Water,” “Practical Guide for Ground-Water Sampling,”

“Test Methods for Evaluating Solid Wastes,

Physical/Chemical Methods,” and “Techniques of Water

Resources Investigations of the United States Geological

Survey, Guidelines for Collection and Field Analysis of

Ground-Water Samples for Selected Unstable

Constituents,” as incorporated by reference at Section

732.104, or other Agency approved methods.

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D) In addition to analytical results, sampling and analytical reports

shall contain the following information:

i) Sample collection information including but not limited to

the name of sample collector, time and date of sample

collection, method of collection, and monitoring location;

ii) Sample preservation and shipment information including

but not limited to field quality control;

iii) Analytical procedures including but not limited to the

method detection limits and the practical quantitation

limits (PQL);

iv) Chain of custody and control; and

v) Field and lab blanks.

6) As an alternative to the installation of monitoring wells under subsection

(j)(3) of this Section, the Licensed Professional Engineer or Licensed

Professional Geologist may demonstrate to the Agency through a site-

specific evaluation that the groundwater monitoring should not be

required.

A) The evaluation shall be based on a demonstration of the following

factors:

i) Whether groundwater is present within the depth of the

boring used to perform physical soil classification under

the selected method (Method One under subsection (c) of

this Section or Method Two under subsection (d) of this

Section);

ii) Whether groundwater is withdrawn for potable use within

1000 feet of the UST system and at what depths; and

iii) Whether seasonal fluctuation in groundwater could result

in groundwater contacting contaminated soil (e.g.,

historical records).

B) The presence or absence of a water bearing unit under subsection

(j)(6)(A)(i) of this Section shall be determined on the basis of at

least one soil boring to the depth necessary to perform physical

soil classification under the selected method (Method One under

subsection (c) of this Section or Method Two under subsection (d)

of this Section), unless auger refusal occurs because of the

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39

density of a geologic material or because bedrock is encountered.

If auger refusal occurs, then the Licensed Professional Engineer

or Licensed Professional Geologist must demonstrate the depth to

a water bearing unit from the available site specific or regional

information.

C) If the evaluation fails to demonstrate to the Agency that a

groundwater investigation should not be required as part of site

classification activities, then the Licensed Professional Engineer

or Licensed Professional Geologist shall perform a groundwater

investigation in accordance with the remainder of this subsection

(j) of this Section.

D) If the evaluation demonstrates to the Agency that a groundwater

investigation should not be required, then the site shall be

classified as Low Priority, unless other High Priority criteria are

present. Upon Agency approval of the evaluation to demonstrate

that a groundwater investigation should not be required, then the

site shall be classified as Low Priority and a No Further

Remediation Letter shall be issued to the owner or operator of the

site, unless other High Priority criteria are present.

(Source: Amended at ___ Ill. Reg. ________, effective ________________________)

Section 732.308 Boring Logs and Sealing of Soil Borings and Groundwater Monitoring

Wells

a) Soil boring logs shall be kept for all soil borings. The logs shall be submitted

along with the site classification completion report and shall be on forms

prescribed and provided by the Agency and, if specified by the Agency by

written notice, in an electronic format.

1) Soil boring logs shall contain the following information at a minimum:

A) Sampling device, sample number and amount of recovery;

B) Total depth of boring to the nearest 6 inches;

C) Detailed field observations describing materials encountered in

boring, including soil constituents, consistency, color, density,

moisture, odors, and the nature and extent of sand or gravel

lenses or seams equal to or greater than 1 inch in thickness;

D) Petroleum hydrocarbon vapor readings (as determined by

continuous screening of borings with field instruments capable of

detecting such vapors);

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E) Locations of sample(s) used for physical or chemical analysis;

and

F) Groundwater levels while boring and at completion.

2) Boring logs for soil boring(s) completed for physical soil classification

also shall include the following information, as applicable for the

classification method chosen, for each stratigraphic unit encountered at

the site:

A) Moisture content;

B) Unconfined compression strength in tons per square foot (TSF)

using a hand penetrometer;

C) Unified Soil Classification System (USCS) soil classification

group symbol in accordance with ASTM Standard D 2487-93,

“Standard Test Method for Classification of Soils for Engineering

Purposes,” incorporated by reference in Section 732.104 of this

Part, or other Agency approved method; and

D) The reasoning behind the Licensed Professional Engineer’s or

Licensed Professional Geologist’s decision to perform or not

perform soil testing pursuant to Section 732.307(c)(2) and (d)(2)

of this Part as to each identified stratigraphic unit.

b) Boreholes and monitoring wells shall be abandoned pursuant to regulations

promulgated by the Illinois Department of Public Health at 77 Ill. Adm. Code

920.120.

(Source: Amended at ___ Ill. Reg. ________, effective ________________________)

Section 732.309 Site Classification Completion Report

a) Within 30 days after the completion of a site evaluation in accordance with

Section 732.307 of this Part, the owner or operator shall submit to the Agency a

site classification completion report addressing all applicable elements of the site

evaluation. The report shall contain all maps, diagrams, and any other

information required by Section 732.307 of this Part, as well as the results or

conclusions of all surveys and investigations and any documentation necessary

to demonstrate those results or conclusions. The report shall be submitted on

forms prescribed and provided by the Agency, shall be signed by the owner or

operator, and shall contain the certification of a Licensed Professional Engineer

of the site's classification as No Further Action, Low Priority or High Priority

in accordance with this Subpart C of this Part. For No Further Action sites,

with the exception of Federal Landholding Entities subject to Section

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732.703(d), the owner or operator must sign and submit, with the site

classification completion report, a form prescribed and provided by the Agency

addressing ownership of the site. Where the owner or operator owns the site,

the owner or operator must so indicate on the form. Where the owner or

operator either does not own or does not solely own the site, the owner or

operator must provide, on the form, a certification by original signature of the

title holder(s) of record for the remediation site or each portion thereof, or the

agent(s) of such person(s), stating as follows:

I hereby certify that I have reviewed the attached report and that I accept the

terms and conditions set forth therein, including any land use limitations, that

apply to property I own. I further certify that I have no objection to the

recording of a No Further Remediation Letter containing the terms and

conditions identified in the site classification completion reportSite Classification

Completion Report.

b) The Agency shall have the authority to review and approve, reject or require

modification of any report submitted pursuant to this Section in accordance with

the procedures contained in Subpart E of this Part.

(Source: Amended at ___ Ill. Reg. ________, effective ________________________)

Section 732.310 Indicator Contaminants

 

a) For purposes of this Part, the term “indicator contaminants” shall mean the

parameters listed identified in subsections (b) through (gi) of this Section.

b) For gasoline, including but not limited to leaded, unleaded, premium and

gasohol, the indicator contaminants shall be benzene, ethylbenzene, toluene, and

total xylenes and methyl tertiary butyl ether (MTBE), except as provided in

subsection (h) of this Section. For leaded gasoline, lead shall also be an

indicator contaminant.

c) For aviation turbine fuels, jet fuels, diesel fuels, gas turbine fuel oils, heating

fuel oils, illuminating oils, kerosene, lubricants, liquid asphalt and dust laying

oils, cable oils, crude oil, crude oil fractions, petroleum feedstocks, petroleum

fractions and heavy oils, the indicator contaminants shall be benzene,

ethylbenzene, toluene, total xylenes, and the polynuclear aromatics (PNA) listed

in Appendix BA. For leaded aviation turbine fuels, lead shall also be an

indicator contaminant.

d) For transformer oils the indicator contaminants shall be benzene, ethylbenzene,

toluene, total xylenes, the polynuclear aromatics listed in Appendix B and the

polychlorinated biphenyl parameters listed in Appendix B.

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e) For hydraulic fluids the indicator contaminants shall be benzene, ethylbenzene,

toluene, total xylenes, the polynuclear aromatics listed in Appendix B and

barium.

f) For petroleum spirits, mineral spirits, Stoddard solvents, high-flash aromatic

naphthas, moderately volatile hydrocarbon solvents and petroleum extender oils,

the indicator contaminants shall be the volatile, base/neutral and polynuclear

aromatic parameters listed in Appendix B. The Agency may add degradation

products or mixtures of any of the above pollutants in accordance with 35 Ill.

Adm. Code 620.615.

g) For used oil the indicator contaminants shall be determined by the results of a

used oil soil sample analysis. Prior to the submission of a site classification

plan, the owner or operator shall collect a grab sample from a location

representative of soil that is the most contaminated as a result of the

contaminated by a release from the used oil UST. If an area of contamination

cannot be identified, the sample shall be collected from beneath the used oil

UST. The sample shall be analyzed for:

1) All volatile, base/neutral, polynuclear aromatic and metal parameters

listed at Appendix B and any other parameters the Licensed Professional

Engineer suspects may be present based on UST usage. The Agency

may add degradation products or mixtures of any of the above pollutants

in accordance with 35 Ill. Adm. Code 620.615.

2) The used oil indicator contaminants shall be those volatile, base/neutral,

polynuclear aromatic and metal parameters listed at Appendix B or as

otherwise identified at subsection (g)(1) of this Section that exceed their

remediation objective at 35 Ill. Adm. Code 742 in addition to benzene,

ethylbenzene, toluene, total xylenes and PNAs.

3) If none of the parameters exceed their remediation objective, the used oil

indicator contaminants shall be benzene, ethylbenzene, toluene, and total

xylenes, and the polynuclear aromatics listed in Appendix B.

h)

Unless an owner or operator elects otherwise pursuant to subsection (i) of this

Section, the term “indicator contaminants” shall not include MTBE for any

release reported to the Illinois Emergency Management Agency prior to June 1,

2002 (the effective date of amendments establishing MTBE as an indicator

contaminant).

i)

An owner or operator of a site exempt from having to address MTBE as an

indicator contaminant pursuant to subsection (h) of this Section may elect to

include MTBE as an indicator contaminant under the following circumstances:

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1) If the Agency has not issued a No Further Remediation Letter for the site

by June 1, 2002 (the effective date of the amendments establishing

MTBE as an indicator contaminant); or

2)

If the Agency has issued a No Further Remediation Letter and the

release at the site has caused off-site groundwater contamination

exceeding the remediation objective for MTBE set forth in 35 Ill. Adm.

Code 742, provided that the owner or operator complies with all

applicable requirements of this Part.

(Source: Amended at ___ Ill. Reg. ________, effective ________________________)

Section 732.312 Classification by Exposure Pathway Exclusion

a) An owner or operator electing to classify a site by exclusion of human exposure

pathways under 35 Ill. Adm. Code 742, Subpart C or I shall meet the

requirements of this Section.

1) Such election shall be made in writing by the owner or operator as part

of the submission of the site classification plan under subsection (c) of

this Section. The election may be made at any time until the Agency

issues a No Further Remediation Letter.

2) An owner or operator who chooses to revoke an election submitted under

subsection (c) of this Section shall do so in writing.

b) Upon completion of early action requirements pursuant to Subpart B of this

Part, the owner or operator shall determine whether the areas or locations

addressed under early action (e.g., backfill) meet the requirements applicable

for a Tier 1 evaluation pursuant to 35 Ill. Adm. Code 742, Subpart E.

1) If the remediation objectives have been met, the owner or operator shall

submit a corrective action completion report demonstrating compliance

with the required levels.

2) If the remediation objectives have not been met, evaluation shall continue

in accordance with subsection (c) of this Section.

c) If, upon completion of early action requirements pursuant to Subpart B of this

Part, the requirements under subsection (b) of this Section have not been met,

then the owner or operator, prior to conducting any site evaluation activities,

shall submit to the Agency a site classification plan including, but not limited to,

a physical soil classification, contaminant identification, and groundwater

investigation plan (if applicable in accordance with Section 732.300(b)(1)),

satisfying the minimum requirements for site evaluation activities as set forth in

this Section. Site classification plans shall be submitted on forms prescribed and

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provided by the Agency and, if specified by the Agency by written notice, in an

electronic format. The plans shall be designed to:

1) Determine the full extent of soil or groundwater contamination exceeding

remediation objectives for Tier 1 sites under 35 Ill. Adm. Code 742,

Subpart E. Such activities may include soil borings with sampling and

analysis, groundwater monitoring wells with sampling and analysis,

groundwater modeling, or a combination of these activities.

2) Collect data sufficient to determine which, if any, of the applicable

exposure routes under 35 Ill. Adm. Code 742 can be excluded pursuant

to 35 Ill. Adm. Code 742, Subpart C or I. The data shall include, but is

not limited to, site-specific data demonstrating the physical

characteristics of soil and groundwater.

d) A Licensed Professional Engineer (or, where appropriate, persons working

under the direction of a Licensed Professional Engineer) shall conduct the site

evaluation. A Licensed Professional Geologist, to the extent authorized by the

Professional Geologist Licensing Act [225 ILCS 725], may practice under the

direction of a Licensed Professional Engineer on the site evaluation. The results

of the site evaluation shall provide the basis for determining the site

classification. The site classification shall be certified by the supervising

Licensed Professional Engineer.

e) As a part of each site evaluation, the Licensed Professional Engineer or

Licensed Professional Geologist shall conduct physical soil classification and

contaminant identification in accordance with the procedures at subsection (c) of

this Section.

f) In addition to the plan required in subsection (c) of this Section and prior to

conducting any site evaluation activities, any owner or operator intending to

seek payment from the Fund shall submit to the Agency:

1) An application for payment of costs associated with eligible early action

costs incurred pursuant to Subpart B of this Part, except as provided in

subsection (f)(2) of this Section; and

2) A site classification budget plan, thatwhich shall include, but not be

limited to, a copy of the eligibility and deductibility determination of the

OSFM and a line item estimate of all costs associated with the

development, implementation and completion of the site evaluation

activities required under subsection (c) of this Section.

g) Sites shall be classified as No Further Action if the Licensed Professional

Engineer determines that all applicable exposure routes can be excluded from

further consideration pursuant to 35 Ill. Adm. Code 742, Subpart C or I.

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h) Sites shall be classified as High Priority if the Licensed Professional Engineer

determines that any of the applicable exposure routes cannot be excluded from

further consideration pursuant to 35 Ill. Adm. Code 742, Subpart C or I.

i) Within 30 days after the completion of a site evaluation in accordance with this

Section, the owner or operator shall submit to the Agency a site classification

completion report addressing all applicable elements of the site evaluation. The

report shall contain all maps, diagrams, and any other information required by

this Section, as well as the results or conclusions of all surveys and

investigations and any documentation necessary to demonstrate those results or

conclusions. The report shall be submitted on forms prescribed and provided by

the Agency and, if specified by the Agency by written notice, in an electronic

format, shall be signed by the owner or operator, and shall contain the

certification of a Licensed Professional Engineer of the site's classification as

No Further Action, or High Priority in accordance with this Section. For any

site classified as High Priority, the report shall also contain the certification of a

Licensed Professional Engineer as to which exposure routes, if any, have been

excluded from further consideration under 35 Ill. Adm. Code 742, Subpart C.

With the exception of Federal Landholding Entities subject to Section

732.703(d),theThe owner or operator must sign and submit, with the Site

Classification Completion Reportsite classification completion report, a form

prescribed and provided by the Agency addressing ownership of the site.

Where the owner or operator owns the site, the owner or operator must so

indicate on the form. Where the owner or operator either does not own or does

not solely own the site, the owner or operator must provide, on the form, a

certification by original signature of the title holder(s) of record for the

remediation site or each portion thereof, or the agent(s) of such person(s),

stating as follows:

I hereby certify that I have reviewed the attached report and that I accept the

terms and conditions set forth therein, including any land use limitations, that

apply to property I own. I further certify that I have no objection to the

recording of a No Further Remediation Letter containing the terms and

conditions identified in the site classification completion reportSite Classification

Completion Report.

j) The Agency shall have the authority to review and approve, reject or require

modification of any plan or report submitted pursuant to this Section in

accordance with the procedures contained in Subpart E of this Part.

k) Notwithstanding subsections (c) and (f) of this Section, an owner or operator

may proceed to conduct site evaluation activities in accordance with this Section

prior to the submittal or approval of any otherwise required site classification

plan and associated budget plans. However, any plan shall be submitted to the

Agency for review and approval in accordance with the procedures contained in

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46

Subpart E of this Part prior to receiving payment or reimbursement for any

related costs or the issuance of a No Further Remediation Letter. If the owner

or operator has obtained Agency approval of a Site Classification Work Plan

and site classification completion reportSite Classification Completion Report

without submittal of a budget plan pursuant to subsection (b) of this Section, the

owner or operator may, as an alternative to submitting a budget plan, submit, on

a form provided by the Agency and attached to the application for payment, the

actual costs incurred in performing site evaluation activities.

l) If, following the approval of any site classification plan, an owner or operator

determines that revised procedures or cost estimates are necessary in order to

comply with the minimum required activities for the site, the owner or operator

shall submit, as applicable, an amended site classification plan or associated

budget plan for review by the Agency. The Agency shall have the authority to

review and approve, reject or require modification of the amended plan in

accordance with the procedures contained in Subpart E of this Part.

BOARD NOTE: Owners or operators proceeding under subsection (a)(2) or (k) of this

Section are advised that they may not be entitled to full payment or reimbursement.

Furthermore, owners or operators may only be reimbursed for one method of site

classification. See Subpart F of this Part.

(Source: Amended at ___ Ill. Reg. ________, effective ________________________)

SUBPART D: CORRECTIVE ACTION

Section 732.402 No Further Action Site

The owner or operator of a site that has been certified as a No Further Action site by a

Licensed Professional Engineer and approved as such by the Agency shall have no additional

remediation responsibilities beyond those performed pursuant to Subpart B or C of this Part.

UnlessIf the Agency fails takes action to approve, reject or modify the site classification

completion report within 120 days after receipt of the completion report pursuant to Section

732.309 or Section 732.312, the site classification completion report is rejected by operation of

law.

(Source: Amended at ___ Ill. Reg. ________, effective ________________________)

Section 732.403 Low Priority Site

a) The owner or operator of a site that has been certified as a Low Priority site by

a Licensed Professional Engineer and approved as such by the Agency shall

develop a groundwater monitoring plan and perform groundwater monitoring in

accordance with the requirements of this Section.

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b) The owner or operator of a site certified as Low Priority by a Licensed

Professional Engineer and approved as such by the Agency shall develop a

groundwater monitoring plan designed to satisfy the following requirements at a

minimum:

1) Groundwater monitoring shall be conducted for a period of three years

following the Agency's approval of the site classification, unless

subsection (b)(6) or subsection (i) of this Section applies;

2) Groundwater monitoring wells shall be placed at the property line or 200

feet from the UST system, whichever is closer. The wells shall be

placed in a configuration designed to provide the greatest likelihood of

detecting migration of groundwater contamination. In the event that a

groundwater monitoring well cannot physically be installed at the

property line or 200 feet from the UST system, whichever is closer, in

accordance with this subsection (b)(2) of this Section, the owner or

operator shall request approval from the Agency to place the well further

out, but at the closest practical point to the compliance point. The owner

or operator may elect to place a monitoring well in a location that is

closer to the UST system than the rule requires. However, once the

election is made the owner or operator may not withdraw the election at

a later time;

3) Groundwater monitoring wells shall satisfy the requirements at Section

subsections 732.307(j)(3) and (4) of this Part;

4) During the first year of groundwater monitoring, samples from each well

shall be collected and analyzed on a quarterly basis. During the second

year of groundwater monitoring, samples from each well shall be

collected and analyzed during the second and fourth quarters. During

the third and final year of groundwater monitoring, at a minimum,

samples from each well shall be collected and analyzed in the fourth

quarter;

5) To determine whether groundwater quality standards or Agency

approved objectives have been exceeded, samples for groundwater

monitoring shall be collected and analyzed in accordance with the

procedures set forth in Section 732.307(j)(5) of this Part for the

applicable indicator contaminants determined pursuant to Section

732.310 of this Part;

6) The owner or operator may use groundwater monitoring data that has

been collected up to 3 years prior to the site being certified as Low

Priority, if the data meets the requirements of subsections (b)(2) through

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48

(b)(5) of this Section. This data may be used to satisfy all or part of the

three year period of groundwater monitoring required under this Section.

c) Prior to the implementation of groundwater monitoring, except as provided

under subsection (b)(6) of this Section, the owner or operator shall submit the

groundwater monitoring plan to the Agency for review in accordance with

Section 732.405. If the owner or operator intends to seek payment from the

Fund, a groundwater monitoring budget plan also shall be submitted to the

Agency for review. The groundwater monitoring budget plan shall include a

line item estimate of all costs associated with the implementation and completion

of the groundwater monitoring plan. Groundwater monitoring plans and

budgets shall be submitted on forms prescribed and provided by the Agency

and, if specified by the Agency by written notice, in an electronic format.

d) Groundwater analysis results obtained pursuant to subsection (b) of this Section

shall be submitted to the Agency within 30 days after the end of each annual

sampling period on forms prescribed and provided by the Agency, except as

provided under subsection (b)(6) of this Section. Groundwater analysis data

being used pursuant to subsection (b)(6) shall be submitted to the Agency as part

of a Low Priority groundwater monitoring plan or the Low Priority groundwater

monitoring completion report.

1) The information to be collected shall include, but not be limited to, the

information set forth in Section 732.307(j)(5) of this Part.

2) If at any time the groundwater analysis results indicate a confirmed

exceedence of the applicable indicator contaminant groundwater quality

standards or Agency approved objectives as a result of the underground

storage tank release of petroleum, the owner or operator shall notify the

Agency of the exceedence within 30 days and provide supporting

documentation of the nature and extent of the exceedence.

3) Indicator contaminant groundwater quality standards shall be determined

in accordance with Section 732.311 of this Part.

e) Within 30 days after the completion of the Low Priority groundwater monitoring

plan, the owner or operator shall submit to the Agency a groundwater

monitoring completion report in accordance with Section 732.409 of this Part.

If there is no confirmed exceedence of applicable indicator contaminant

objectives during the three year groundwater monitoring period, the report shall

contain a certification to that effect by a Licensed Professional Engineer.

f) The Agency shall review the groundwater monitoring completion report in

accordance with the procedures set forth in Subpart E of this Part and shall issue

a No Further Remediation Letter to the owner or operator in accordance with

Subpart G of this Part upon approval of the report by the Agency. If the owner

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49

or operator elects to appeal an Agency action to disapprove, modify, or reject

by operation of law a Low Priority groundwater monitoring completion report,

the Agency shall indicate to the Board in conjunction with such appeal whether

it intends to reclassify the site as High Priority.

g) If at any time groundwater analysis results indicate a confirmed exceedence of

applicable indicator contaminant objectives, the Agency may reclassify the site

as a High Priority site any time before the Agency's final approval of a Low

Priority groundwater monitoring completion report. The Agency shall notify

the owner or operator in writing if a site is reclassified. Notice of

reclassification shall be by registered or certified mail, post marked with a date

stamp and with return receipt requested. Final action shall be deemed to have

taken place on the post marked date that such notice is mailed. Any action by

the Agency to reclassify the site as a High Priority site shall be subject to appeal

to the Board within 35 days after the Agency's final action in the manner

provided for in the review of permit decisions in Section 40 of the Act.

h) The owner or operator of a Low Priority site reclassified to High Priority

pursuant to subsection (g) of this Section shall develop and submit for Agency

approval a High Priority corrective action plan satisfying the requirements of

Section 732.404 of this Part within 120 days after receiving the notice of

reclassification. If the owner or operator intends to seek reimbursement from

the Fund, a corrective action plan budget also shall be submitted within 120

days after receiving the notice of reclassification.

i) As a result of the demonstration under Section 732.307(j)(6), the owner or

operator of a site classified as Low Priority by a Licensed Professional

Engineer.1) Shallshall prepare a report in accordance with Section 732.409 of

this Part, thatwhich supports the issuance of a No Further Remediation Letter or

reclassification of the site as a High Priority site.2) In the event the site is

reclassified as a High Priority site, the owner or operator shall develop and

submit for Agency approval a High Priority corrective action plan in accordance

with Section 732.403(h) of this Part.

(Source: Amended at ___ Ill. Reg. ________, effective ________________________)

Section 732.404 High Priority Site

a) The owner or operator of a site that has been certified by a Licensed

Professional Engineer as a High Priority site and approved as such by the

Agency shall develop a corrective action plan and perform corrective action in

accordance with the requirements of this Section. The purpose of the corrective

action plan shall be to remediate or eliminate each of the criteria set forth in

subsection (b) of this Section that caused the site to be classified as High

Priority.

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b) The owner or operator of a site certified as High Priority by a Licensed

Professional Engineer and approved as such by the Agency or reclassified as

High Priority by the Agency pursuant to Section 732.403(g) shall develop a

corrective action plan based on site conditions and designed to achieve the

following as applicable to the site:

1) For sites that have submitted submitting a site classification report under

Section 732.309, provide that:

A) Provide that,aAfter complete performance of the corrective action

plan, applicable indicator contaminants, identified in the

groundwater investigation, are not present in groundwater, as a

result of the underground storage tank release, in concentrations

exceeding the remediation objectives referenced in Section

732.408 of this Part applicable indicator contaminant objectives

are not exceeded at the property boundary line or 200 feet from

the UST system, whichever is less., as a result of the

underground storage tank release for any indicator contaminant

identified in the groundwater investigation. If off-site sampling is

included within an approved corrective action plan and if an

adjoining property owner will not allow the owner or operator

access to his or her property so as to ascertain information

sufficient to satisfy this requirement or if the owner cannot be

located, adequate documentation of the owner or operators'

efforts to gain access to the property shall satisfy this subsection

(b)(1)(A);

B)

Provide that, aAfter complete performance of the corrective

action plan, Class III special resource groundwater quality

standards for Class III special resource groundwater within 200

feet of the UST system are not exceeded as a result of the

underground storage tank release for any indicator contaminant

identified in the groundwater investigation;

C)

After complete performance of the corrective action plan,

remediation of contamination in natural or man-made exposure

pathways as a result of the underground storage tank release has

been conducted in accordance with 35 Ill. Adm. Code

742Remediate threats due to the presence or migration, through

natural or manmade pathways, of petroleum in concentrations

sufficient to harm human health or human safety or to cause

explosions in basements, crawl spaces, utility conduits, storm or

sanitary sewers, vaults or other confined spaces;

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D) Remediate threatsThreats to potable water supplies are

remediated; and

E) Remediate threatsThreats to bodies of surface water are

remediated.

2) For sites that have submitted submitting a site classification completion

report under Section 732.312, provide that, after complete performance

of the corrective action plan, the concentrations of applicable indicator

contaminants meet the remediation objectives developed under Section

732.408 for any applicable exposure route not excluded from

consideration under Section 732.312.

3) Where there has been no reliance on an engineered barrier to achieve

compliance with remediation objectives developed under Section

732.408, compliance with remediation objectives shall be demonstrated

as follows:

A)

For groundwater remediation objectives:

i) Except as provided in subsection (ii) of this Section, or

Section 732.307(j)(3) where there is a separate sampling

point agreed to by the Agency, sampling points shall be

located at the property boundary line or 200 feet from the

UST system, whichever is less.

ii)

If an institutional control prohibiting the use of

groundwater as a potable supply is obtained under 35 Ill.

Adm. Code 742.Subpart J, sampling points shall be

located at the property boundary line.

iii) Compliance with groundwater remediation objectives at

applicable sampling points shall be determined in

accordance with 35 Ill. Adm. Code 742.225.

B)

For soil remediation objectives:

i) Following site classification under this Part, sampling

points shall be located on the site in areas where

concentrations of indicator contaminants exceeded

remediation objectives.

ii)

Compliance with soil remediation objectives at applicable

sampling points shall be determined in accordance with 35

Ill. Adm. Code 742.225.

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4) Where an engineered barrier has been relied upon to achieve compliance

with remediation objectives developed under Section 732.408,

compliance shall be determined based on approval by the Agency of the

sufficiency of the engineered barrier.

c)

The owner or operator is not required to perform corrective action on an

adjoining or off-site property to meet the requirements of this Section, even

where complete performance of the corrective action plan under subsection

(b)(1) or (b)(2) of this Section would otherwise require such off-site action, if

the Agency determines that the owner or operator is unable to obtain access to

the property despite the use of best efforts in accordance with the requirements

of Section 732.411 of this Part.

cd) In developing the corrective action plan, if the Licensed Professional Engineer

selects soil or groundwater remediation, or both, to satisfy any of the criteria set

forth in subsection (b) of this Section, remediation objectives shall be

determined in accordance with Section 732.408 of this Part. Groundwater

monitoring wells shall satisfy the requirements of Section 732.307(j)(3) and (4)

of this Part.

de) Except where provided otherwise pursuant to Section 732.312 of this Part, in

developing the corrective action plan, additional investigation activities beyond

those required for the site evaluation and classification may be necessary to

determine the full extent of soil or groundwater contamination and of threats to

human health or the environment. Such activities may include, but are not

limited to, additional soil borings with sampling and analysis or additional

groundwater monitoring wells with sampling and analysis. Such activities as are

technically necessary and consistent with generally accepted engineering

practices may be performed without submitting a work plan or receiving prior

approval from the Agency, and associated costs may be included in a High

Priority corrective action budget plan. A description of these activities and the

results shall be included as a part of the corrective action plan.

ef) The owner or operator shall submit the corrective action plan to the Agency for

review in accordance with Section 732.405 of this Part. If the owner or

operator intends to seek payment from the Fund, a corrective action plan budget

also shall be submitted to the Agency for review. The corrective action plan

budget shall include a line item estimate of all costs associated with the

implementation and completion of the corrective action plan. The corrective

action plan and corrective action plan budget shall be submitted on forms

prescribed and provided by the Agency and, if specified by the Agency by

written notice, in an electronic format.

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fg) Within 30 days after completing the performance of the High Priority corrective

action plan, the owner or operator shall submit to the Agency a corrective action

completion report in accordance with Section 732.409 of this Part.

gh) Within 120 days, the Agency shall review the corrective action completion

report in accordance with the procedures set forth in Subpart E of this Part and

shall issue a No Further Remediation Letter to the owner or operator in

accordance with Subpart G of this Part upon approval by the Agency.

(Source: Amended at ___ Ill. Reg. ________, effective ________________________)

Section 732.405 Plan Submittal and Review

a) Prior to conducting any corrective action activities pursuant to this Subpart D of

this Part, the owner or operator shall submit to the Agency a Low Priority

groundwater monitoring plan or a High Priority corrective action plan satisfying

the minimum requirements for such activities as set forth in Section 732.403 or

732.404 of this Part, as applicable. Groundwater monitoring and corrective

action plans shall be submitted on forms prescribed and provided by the Agency

and, if specified by the Agency by written notice, in an electronic format.

b) In addition to the plans required in subsections (a) , (e) and (f) of this Section

and prior to conducting any groundwater monitoring or corrective action

activities, any owner or operator intending to seek payment from the Fund shall

submit to the Agency a groundwater monitoring or corrective action budget

plan. Such budget plans shall include, but not be limited to, a copy of the

eligibility and deductibility determination of the OSFM and a line item estimate

of all costs associated with the development, implementation and completion of

the applicable activities. Formulation of budget plans should be consistent with

the eligible and ineligible costs listed at Sections 732.605 and 732.606 of this

Part. Groundwater monitoring and corrective action budget plans shall be

submitted on forms prescribed and provided by the Agency and, if specified by

the Agency by written notice, in an electronic format.

c) The Agency shall have the authority to review and approve, reject or require

modification of any plan submitted pursuant to this Section in accordance with

the procedures contained in Subpart E of this Part.

d) Notwithstanding subsections (a), and (b), (e), and (f) of this Section and except

as provided at Section 732.407 of this Part, an owner or operator may proceed

to conduct Low Priority groundwater monitoring or High Priority corrective

action activities in accordance with this Subpart D of this Part prior to the

submittal or approval of an otherwise required groundwater monitoring plan or

budget or corrective action plan or budget. However, any such plan shall be

submitted to the Agency for review and approval, rejection or modification in

accordance with the procedures contained in this Subpart E of this Part prior to

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54

payment or reimbursement for any related costs or the issuance of a No Further

Remediation Letter. If the owner or operator has obtained Agency approval of

a Low Priority groundwater monitoring plan and a Low Priority groundwater

monitoring completion report, or has obtained Agency approval of a High

Priority corrective action plan and a High Priority corrective action completion

report, without the submittal of a budget plan pursuant to subsection (b) of this

Section, the owner or operator may, as an alternative to submitting a budget

plan, submit, on a form provided by the Agency and attached to the application

for payment, the actual costs incurred in performing the applicable activities

required, for a Low Priority site, in Section 732.403 of this Part or, for a High

Priority site, in Section 732.404 of this Part.

BOARD NOTE: Owners or operators proceeding under subsection (d) of this

Section are advised that they may not be entitled to full payment or

reimbursement. See Subpart F of this Part.

e) If, following approval of any groundwater monitoring plan, corrective action

plan or associated budget plan, an owner or operator determines that revised

procedures or cost estimates are necessary in order to comply with the minimum

required activities for the site, the owner or operator shall submit, as applicable,

an amended groundwater monitoring plan, corrective action plan or associated

budget plan for review by the Agency. The Agency shall review and approve,

reject or require modifications of the amended plan in accordance with the

procedures contained in Subpart E of this Part.

(f)

If the Agency determines any approved corrective action plan has not achieved

applicable remediation objectives within a reasonable time, based upon the

method of remediation and site specific circumstances, the Agency may require

the owner or operator to submit a revised corrective action plan. Any action by

the Agency to require a revised corrective action plan pursuant to this subsection

(f) shall be subject to appeal to the Board within 35 days after the Agency’s final

action in the manner provided for the review of permit decisions in Section 40

of the Act.

(Source: Amended at ___ Ill. Reg. ________, effective ________________________)

Section 732.406 Deferred Corrective Action; Priority List for Payment

a) An

owner or operator who has received approval for any budget plan submitted

pursuant to

this Part

and who is eligible for payment from the underground

storage tank fund may elect to defer site classification, low priority groundwater

monitoring, or remediation activities until funds are available in an amount

equal to the amount approved in the budget plan

if the requirements of

subsection (b) of this Section are met. (Section 57.8(b) of the Act) [415 ILCS

5/57.8(b)].

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1) Approvals of budget plans shall be pursuant to Agency review in

accordance with Subpart E of this Part.

2) The Agency shall monitor the availability of funds to determine whether

sufficient resources exist to provide payment of approved budget plans

and shall provide notice to owners or operators of the availability of

funds in accordance with Sectionsubsection 732.503(h)(g) of this Part.

Funds shall not be deemed available for owners or operators electing to

defer corrective action so long as there are owners or operators on the

priority list established pursuant to Sectionsubsection 732.603(d) of this

Part awaiting forwarding of vouchers to the Office of the State

Comptroller.

3) Upon receiving written notification that an owner or operator elects to

defer corrective action until funds are available, the Agency shall place

the site on a priority list for payment and notification of availability of

sufficient funds. Sites shall enter the priority list for payment and move

up based solely on the date the Agency receives the written election of

deferral, with the earliest dates having the highest priority. The

Agency's record of the date of receipt shall be deemed conclusive, unless

a contrary date is proven by a dated, signed receipt from registered or

certified mail.

4) As funds become available, the Agency shall encumber funds for each

site in the order of priority in an amount equal to the total of the

approved budget plan for which deferral was sought. The Agency shall

then notify owners or operators that sufficient funds have been allocated

for the owner's or operator's site. After such notification the owner or

operator shall commence corrective action.

5) Authorization of payment of encumbered funds for deferred corrective

action activities shall be approved in accordance with the requirements of

Subpart F of this Part.

6) The priority list for payment and notification of availability of sufficient

funds shall be the same as that used for deferred site classification

pursuant to Section 732.306 of this Part with both types of deferrals

entering the list and moving up solely on the basis of the date the Agency

receives written notice of the deferral.

b) An owner or operator who elects to defer site classification, low priority

groundwater monitoring, or remediation activities under subsection (a) of this

Section shall submit a report certified by a Licensed Professional Engineer

demonstrating the following:

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1) The early action requirements of Subpart B of this Part have been met;

and

2) The release does not pose a threat to human health or the environment

through migratory pathways following the investigation of migration

pathways requirements of Sectionsubsection 732.307(g) of this Part.

c) An owner or operator may withdraw the election to commence corrective action

upon the availability of funds at any time. The Agency shall be notified in

writing of the withdrawal. Upon such withdrawal, the owner or operator shall

proceed with corrective action in accordance with the requirements of this Part.

(Source: Amended at ___ Ill. Reg. ________, effective ________________________)

Section 732.409 Groundwater Monitoring and Corrective Action Completion Reports

a) Within 30 days after completing the performance of a Low Priority groundwater

monitoring plan or High Priority corrective plan, the owner or operator shall

submit to the Agency a groundwater monitoring completion report or a

corrective action completion report.

1) The Low Priority groundwater monitoring completion report shall

include, but not be limited to, a narrative describing the implementation

and completion of all elements of the groundwater monitoring plan and

the procedures used for collection and analysis of samples, analytical

results in tabular form, actual analytical results, laboratory certification

and any other information or documentation relied upon by the Licensed

Professional Engineer in reaching the conclusion that the requirements of

the Act and regulations have been satisfied and that no further

remediation is required at the site.

2) The High Priority corrective action completion report shall include, but

not be limited to, a narrative and timetable describing the implementation

and completion of all elements of the corrective action plan and the

procedures used for the collection and analysis of samples, soil boring

logs, actual analytical results, laboratory certification, site maps, well

logs and any other information or documentation relied upon by the

Licensed Professional Engineer in reaching the conclusion that the

requirements of the Act and regulations have been satisfied and that no

further remediation is required at the site. A High Priority corrective

action completion report shall demonstrate the following:

A) For sites submitting a site classification report under Section

732.309 of this Part:

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57

i) Applicable indicator contaminant groundwater objectives

are not exceeded at the property boundary line or 200 feet

from the UST system, whichever is less, as a result of the

release of petroleum for any indicator contaminant

identified during the groundwater investigation;

ii) Class III resource groundwater quality standards, for

Class III special use resource groundwater within 200 feet

of the UST system are not exceeded as a result of the

release of petroleum for any indicator contaminant

identified during the groundwater investigation;

iii) The release of petroleum does not threaten human health

or human safety due to the presence or migration, through

natural or manmade pathways, of petroleum in

concentration sufficient to harm human health or human

safety or to cause explosions in basements, crawl spaces,

utility conduits, storm or sanitary sewers, vaults or other

confined spaces;

iv) The release of petroleum does not threaten any surface

water body; and

v) The release of petroleum does not threaten any potable

water supply.

B) For sites submitting a site classification completion report under

Section 732.312 of this Part, the concentrations of applicable

indicator contaminants meet the remediation objectives developed

under Section 732.408 of this Part for any applicable exposure

route not excluded from further consideration under Section

732.312 of this Part.

b) The applicable report shall be submitted on forms prescribed and provided by

the Agency, and, if specified by the Agency by written notice, in an electronic

format, shall be signed by the owner or operator, and shall be accompanied by a

certification from a Licensed Professional Engineer, in accordance with

subsection (a) of this Section, that the information presented in the applicable

report is accurate and complete, that groundwater monitoring or corrective

action have been completed in accordance with the requirements of the Act and

this Subpart D of this Part, and that no further remediation is required at the

site. With the exception of Federal Landholding Entities subject to Section

732.703(d), theThe owner or operator must sign and submit, with the corrective

action completion report, a form prescribed and provided by the Agency

addressing ownership of the site. Where the owner or operator owns the site,

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58

the owner or operator must so indicate on the form. Where the owner or

operator either does not own or does not solely own the site, the owner or

operator must provide, on the form, a certification by original signature of the

title holder(s) of record for the remediation site or each portion thereof, or the

agent(s) of such person(s), stating as follows:

I hereby certify that I have reviewed the attached report and that I accept the

terms and conditions set forth therein, including any land use limitations, that

apply to property I own. I further certify that I have no objection to the

recording of a No Further Remediation Letter containing the terms and

conditions identified in the corrective action completion reportCorrective Action

Completion Report.

c) The Agency shall have the authority to review and approve, reject or require

modification of any report submitted pursuant to this Section in accordance with

the procedures contained in Subpart E of this Part.

(Source: Amended at ___ Ill. Reg. ________, effective ________________________)

Section 732.411 Off-site Access

a) An owner or operator seeking to comply with the best efforts requirements of

Sectionsubsection 732.404(c) of this Part must demonstrate compliance with the

requirements of this Section.

b)

In conducting best efforts to obtain off-site access, an owner or operator must,

at a minimum, send a letter by certified mail to the owner of any off-site

property to which access is required, stating:

1) Citation to Section 57 of the Act stating the legal responsibility of the

owner or operator to remediate the contamination caused by the release;

2)

That, if the property owner denies access to the owner or operator, the

owner or operator may seek to gain entry by a court order pursuant to

Section 22.2(c) of the Act;

3) That, in performing the requested investigation, the owner or operator

will work so as to minimize any disruption on the property, will

maintain, or its consultant will maintain, appropriate insurance and will

repair any damage caused by the investigation;

4)

If contamination results from a release by the owner or operator, the

owner or operator will conduct all associated remediation at its own

expense;

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59

5) That threats to human health and the environment and diminished

property value may result from failure to remediate contamination from

the release; and;

6)

A reasonable time to respond to the letter, not less than 30 days.

c) An owner or operator, in demonstrating that the requirements of this Section

have been met, must provide to the Agency, as part of the corrective action

completion reportCorrective Action Completion Report, the following

documentation:

1)

A sworn affidavit, signed by the owner or operator, identifying the

specific off-site property involved by address, the measures proposed in

the corrective action plan that require off-site access, and the efforts

taken to obtain access, and stating that the owner or operator has been

unable to obtain access despite the use of best efforts; and

2) A copy of the certified letter sent to the owner of the off-site property

pursuant to subsection (b) of this Section.

d)

In determining whether the efforts an owner or operator has made constitute

best efforts to obtain access, the Agency must consider the following factors:

1) The physical and chemical characteristics, including toxicity, persistence

and potential for migration, of applicable indicator contaminants at the

property boundary line;

2)

The hydrogeological characteristics of the site and the surrounding area,

including the attenuation capacity and saturation limits of the soil at the

property boundary line;

3) The nature and extent of known contamination at the site, including the

levels of applicable indicator contaminants at the property boundary line;

4)

The potential effects of residual contamination on nearby surface water

and groundwater;

5) The proximity, quality and current and future uses of nearby surface

water and groundwater, including setback zones and regulated recharge

areas of potable water supply wells;

6)

Any known or suspected natural or man-made migration pathways

existing in or near the suspected area of off-site contamination;

7) The nature and use of the part of the off-site property that is the

suspected area of contamination;

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8)

Any existing on-site engineered barriers or institutional controls that

might have an impact on the area of suspected off-site contamination,

and the nature and extent of such impact; and

9) Any other applicable information assembled in compliance with this Part.

e)

The Agency shall issue a No Further Remediation Letterletter to an owner or

operator subject to this Section and otherwise entitled to such issuance only if

the owner or operator has, in accordance with this Section, either completed any

requisite off-site corrective action or demonstrated to the Agency’s satisfaction

an inability to obtain off-site access despite best efforts.

f)

The owner or operator is not relieved of responsibility to clean up a release that

has migrated beyond the property boundary even where off-site access is denied.

(Source: Added at ___ Ill. Reg. ________, effective ________________________)

SUBPART E: SELECTION AND REVIEW PROCEDURES FOR PLANS AND REPORTS

Section 732.500 General

a) The Agency shall have the authority to review any plan or report, including any

amended plan or report, submitted pursuant to this Part. All such reviews shall

be subject to the procedures set forth in the Act and this Subpart E of this Part.

b) For purposes of this Part 732, “plan” shall mean:

1) Any physical soil classification or groundwater investigation plan or

associated budget plan submitted pursuant to Subpart C of this Part;

2) Any groundwater monitoring plan or associated budget plan submitted

pursuant to Subpart D of this Part; or

3) Any site-specific corrective action plan or associated budget plan

submitted pursuant to Subpart D of this Part.

c) For purposes of this Part 732, “report” shall mean:

1) Any early action report or free product removal report submitted

pursuant to Subpart B of this Part;

2) Any site classification completion report submitted pursuant to this

Subpart C of this Part;

3) Any annual groundwater monitoring report submitted pursuant to

Subpart D of this Part;

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61

4) Any groundwater monitoring completion report submitted pursuant to

Subpart D of this Part; or

5) Any corrective action completion report submitted pursuant to Subpart D

of this Part or SectionsSection 732.300(b) or 732.400(b) or (c) of this

Part.

(Source: Amended at ___ Ill. Reg. ________, effective ________________________)

Section 732.501 Submittal of Plans or Reports

All plans or reports shall be made on forms prescribed and provided by the Agency and, if

specified by the Agency by written notice, in an electronic format. Plans or reports shall be

mailed or delivered to the address designated by the Agency. The Agency's record of the date

of receipt shall be deemed conclusive unless a contrary date is proven by a dated, signed

receipt from certified or registered mail.

(Source: Amended at ___ Ill. Reg. ________, effective ________________________)

Section 732.503 Full Review of Plans or Reports

a) In addition to the completeness review for plans conducted pursuant to Section

732.502 of this Part, the Agency may conduct a full review of plans or reports

selected in accordance with the requirements of Section 732.504 of this Part. A

full review may include any or all technical or financial information, or both,

relied upon by the owner or operator or Licensed Professional Engineer or

Licensed Professional Geologist in developing the plan or report selected for

review. The full review also may include the review of any other plans or

reports submitted in conjunction with the site.

b) The Agency shall have the authority to approve, reject or require modification

of any plan or report that has been given a full review. The Agency shall notify

the owner or operator in writing of its final action on any such plan or report,

except in the case of 20 day, 45 day or free product reports, in which case no

notification is necessary. Except as provided in subsections (cd) and (de) of this

Section, if the Agency fails to notify the owner or operator of its final action on

a plan or report within 120 days after the receipt of a plan or report, the owner

or operator may deem the plan or report rejected by operation of law, except in

the case of 20 day, 45 day or free product reports, in which case no notification

is necessary. If the Agency rejects a plan or report or requires modifications,

the written notification shall contain the following information, as applicable:

1) An explanation of the specific type of information, if any, that the

Agency needs to complete the full review;

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62

2) An explanation of the Sections of the Act or regulations that may be

violated if the plan or report is approved; and

3) A statement of specific reasons why the cited Sections of the Act or

regulations may be violated if the plan or report is approved.

c) d) For High Priority corrective action plans submitted by owners or operators not

seeking reimbursement from the Fund, the Agency may delay final action on

such plans until 120 days after it receives the corrective action completion report

required pursuant to Section 732.409 of this Part.

d) e) An owner or operator may waive the right to a final decision within 120 days

after the submittal of a complete plan or report by submitting written notice to

the Agency prior to the applicable deadline. Any waiver shall be for a

minimum of 60 days.

e) f) The Agency shall mail notices of final action on plans or reports by registered

or certified mail, post marked with a date stamp and with return receipt

requested. Final action shall be deemed to have taken place on the post marked

date that such notice is mailed.

f) g) Any action by the Agency to reject or require modification, or rejection by

failure to act, of a plan or report shall be subject to appeal to the Board within

35 days after the Agency's final action in the manner provided for the review of

permit decisions in Section 40 of the Act. If the owner or operator elects to

incorporate modifications required by the Agency rather than appeal, a revised

plan or report shall be submitted to the Agency within 35 days after the receipt

of the Agency's written notification. If no revised plan or report is submitted to

the Agency or no appeal to the Board is filed within the specified time frames,

the plan or report shall be deemed approved as modified by the Agency. If any

plan or report is rejected by operation of law, in lieu of an immediate appeal to

the Board the owner or operator may either resubmit the plan or report to the

Agency or file a joint request for a 90 day extension in the manner provided for

extensions of permit decisiondecisions in Section 40 of the Act.

g) h) Notification of Selection for Full Review

1) Owners or operators submitting plans shall be notified by the Agency

within 60 days fromafter the date the plan is deemed complete if the plan

has not been selected for full review in accordance with Section 732.504

of this Part. Failure of the Agency to so notify the owner or operator

shall mean that the plan has been selected for full review. Notification

by the Agency that the plan has not been selected for full review shall

constitute approval of the plan.

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2) Owners or operators submitting reports shall be notified by the Agency

within 60 days after the receipt of the report if the report has not been

selected for full review in accordance with Section 732.504 of this Part,

except in the case of 20 day, 45 day or free product reports, in which

case no notification of selection is necessary. Failure of the Agency to

so notify the owner or operator shall mean that the report has been

selected for full review. Notification by the Agency that the report has

not been selected for full review shall constitute approval of the report.

3) Notice shall be sent and the date of notification shall be computed in

accordance with subsection (e) of this Section.

h) i) In accordance with Sections 732.306 and 732.406 of this Part, upon the

approval of any budget plan by the Agency, the Agency shall include as part of

the final notice to the owner or operator a statement of whether or not the Fund

contains sufficient resources in order to immediately commence the approved

measures.

(Source: Amended at ___ Ill. Reg. ________, effective ________________________)

SUBPART F: PAYMENT OR REIMBURSEMENT

Section 732.601 Applications for Payment

a) An owner or operator seeking payment from the Fund shall submit to the

Agency an application for payment on forms prescribed and provided by the

Agency and, if specified by the Agency by written notice, in an electronic

format. The owner or operator may submit an application for partial payment

or final payment for materials, activities or services contained in an approved

budget plan. An application for payment also may be submitted for materials,

activities or services for early action conducted pursuant to Subpart B of this

Part and for which no budget plan is required.

b) A complete application for payment shall consist of the following elements:

1) A certification from a Licensed Professional Engineer acknowledged by

the owner or operator that the work performed by the Licensed

Professional Engineer or Licensed Professional Geologist or under his or

her supervision has been in accordance with a technical plan approved by

the Agency or, for early action activities, in accordance with Subpart B

of this Part;

2) A statement of the amounts approved in the corresponding budget plan

and the amounts actually sought for payment along with a certified

statement by the owner or operator that the amounts so sought havehas

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64

been expended in conformance with the elements of a budget plan

approved by the Agency;

3) A copy of the OSFM or Agency eligibility and deductibility

determination;

4) Proof that approval of the payment requested will not exceed the

limitations set forth in the Act and Section 732.604 of this Part;

5) A federal taxpayer identification number and legal status disclosure

certification;

6) A Private Insurance Coverage form; and

7) A Minority/Women's Business Usage form; and

8)

designation of the address to which payment and notice of final action on

the application for payment are to be sent.

c) The address designated on the application for payment may be changed only by

subsequent notification to the Agency, on a form provided by the Agency, of a

change in address.

cd) Applications for payment and change of address forms shall be mailed or

delivered to the address designated by the Agency. The Agency's record of the

date of receipt shall be deemed conclusive unless a contrary date is proven by a

dated, signed receipt from certified or registered mail.

de) Applications for partial or final payment may be submitted no more frequently

than once every 90 days.

ef) Except for applications for payment for costs of early action conducted pursuant

to Subpart B of this Part or applications for payment/budget plans submitted

pursuant to Sections 732.305(e), 732.312(l), 732.405(e), and 732.405(f) of this

Part, in no case shall the Agency review an application for payment unless there

is an approved budget plan on file corresponding to the application for payment.

fg) In no case shall the Agency authorize payment to an owner or operator in an

amountamounts greater than the amountamounts approved by the Agency in a

corresponding budget plan. Revised cost estimates or increased costs resulting

from revised procedures must be submitted to the Agency for review in

accordance with Subpart E of this Part using amended budget plans in

accordance with SectionsSection 732.305(e) or 732.405(e) of this Part.

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65

gh) Applications for payment of costs associated with site classification may not be

submitted prior to approval or modification of the site classification completion

report.

(Source: Amended at ___ Ill. Reg. ________, effective ________________________)

Section 732.602 Review of Applications for Payment

a) The Agency shall conduct a review of any application for payment submitted

pursuant to this Part 732. Each application for payment shall be reviewed to

determine whether the application contains all of the elements and supporting

documentation required by Section 732.601(b) of this Part and whether the

amounts sought for payment have been certified in accordance with Section

732.601(b)(2) of this Part as equal to or less than the amounts approved in the

corresponding budget plan. Any action by the Agency pursuant to this

subsection shall be subject to appeal to the Board within 35 days after the

Agency's final action in the manner provided for the review of permit decisions

in Section 40 of the Act.

b) The Agency may conduct a full review of any application for payment:

1) If the amounts sought for payment exceed the amounts approved in the

corresponding budget plan;

2) If the Agency has reason to believe that the application for payment is

fraudulent; or

3) If the application for payment includes costs for early action activities

conducted pursuant to Subpart B of this Part and either of the following

circumstances existexists:

A) The application for payment is solely for early action costs that

have not been approved as part of a prior budget plan; or

B) The application for payment includes early action costs that have

not been approved as part of a prior budget plan, except that only

the portion of the application for the unapproved early action

costs may be given a full review.

c) When conducting a full review of any application for payment, the Agency may

require the owner or operator to submit a full accounting supporting all claims

as provided in subsection (d) of this Section.

d) A full review of an application for payment shall be sufficient to determine

which line items contained in the application for payment have caused the

application for payment to exceed the corresponding approved budget plan

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66

pursuant to subsection (b)(1) of this Section, which line items, if any, are

ineligible for payment pursuant to subsection (b)(2) or (b)(3) of this Section, and

whether there is sufficient documentation to demonstrate that line items have

been completed in accordance with a plan approved by the Agency. A full

review may include review of any or all elements and supporting documentation

relied upon by the owner or operator in developing the application for payment,

including but not limited to a review of invoices or receipts supporting all

claims. The full review also may include the review of any plans or reports

previously submitted for the site to ensure that the application for payment is

consistent with work proposed and actually performed in conjunction with the

site.

e) Following a review, the Agency shall have the authority to approve, deny or

require modification of applications for payment or portions thereof. The

Agency shall notify the owner or operator in writing of its final action on any

such application for payment. Except as provided in subsection (f) of this

Section, if the Agency fails to notify the owner or operator of its final action on

an application for payment within 120 days after the receipt of a complete

application for payment, the owner or operator may deem the application for

payment rejected approved by operation of law. If the Agency denies payment

for an application for payment or for a portion thereof or requires modification,

the written notification shall contain the following information, as applicable:

1) An explanation of the specific type of information, if any, that the

Agency needs to complete the full review;

2) An explanation of the Sections of the Act or regulations that may be

violated if the application for payment is approved; and

3) A statement of specific reasons why the cited Sections of the Act or

regulations may be violated if the application for payment is approved.

f) An owner or operator may waive the right to a final decision within 120 days

after the submittal of a complete application for payment by submitting written

notice to the Agency prior to the applicable deadline. Any waiver shall be for a

minimum of 30 days.

g) The Agency shall mail notices of final action on applications for payment by

registered or certified mail, post marked with a date stamp and with return

receipt requested. Final action shall be deemed to have taken place on the post

marked date that such notice is mailed. The Agency shall mail notices of final

action on applications for payment, and direct the Comptroller to mail payments

to the owner or operator, at the address designated for receipt of payment in the

application for payment or on a change of address form, provided by the

Agency, submitted subsequent to submittal of the application for payment.

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67

h) Any action by the Agency to deny payment for an application for payment or

portion thereof or to require modification shall be subject to appeal to the Board

within 35 days after the Agency's final action in the manner provided for the

review of permit decisions in Section 40 of the Act. If the owner or operator

elects to incorporate modifications required by the Agency rather than appeal, a

revised application for payment shall be submitted to the Agency within 35 days

after the receipt of the Agency's written notification. If no revised application

for payment is submitted to the Agency or no appeal to the Board is filed within

the specified time frames, the application for payment shall be deemed approved

as modified by the Agency and payment shall be authorized in the amount

approved.

(Source: Amended at ___ Ill. Reg. ________, effective ________________________)

Section 732.603 Authorization for Payment; Priority List

a) Within 60 days after notification of to an owner or operator that the application

for payment or a portion thereof has been approved by the Agency or by

operation of law, the Agency shall forward to the Office of the State

Comptroller in accordance with subsection (cd) or (de) of this Section a voucher

in the amount approved. If the owner or operator has filed an appeal with the

Board of the Agency's final decision on an application for payment, the Agency

shall have 60 days fromafter the final resolution of the appeal to forward to the

Office of the State Comptroller a voucher in the amount ordered as a result of

the appeal. Notwithstanding the time limits imposed by this Section, the

Agency shall not forward vouchers to the Office of the State Comptroller until

sufficient funds are available to issue payment.

b)

The following rules shall apply regarding deductibles:

1) Any deductible, as determined by the OSFM or the Agency, shall be

subtracted from any amount approved for payment by the Agency or by

operation of law.;

2)

Only one deductible shall apply per occurrence;

3)

If multiple incident numbers are issued for a single site in the same

calendar year, only one deductible shall apply for those incidents, even if

the incidents relate to more than one occurrence; and

4) Where more than one deductible determination is made, the higher

deductible shall apply.

c)

The Agency shall instruct the Office of the State Comptroller to issue payment

to the owner or operator at the address designated in accordance with

Sectionsubsection 732.601(b)(8) of this Part. In no case shall the Agency

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68

authorize the Office of the State Comptroller to issue payment to an agent,

designee, or entity who has conducted corrective action activities for the owner

or operator.

c)d) For owners or operators who have deferred site classification or corrective

action in accordance with Section 732.306 or 732.406 of this Part, payment

shall be authorized from funds encumbered pursuant to Sectionsubsection

732.306(a)(4) or 732.406(a)(4) of this Part upon approval of the application for

payment by the Agency or by operation of law.

d)e) For owners or operators not electing to defer site classification or corrective

action in accordance with Section 732.306 or 732.406 of this Part, the Agency

shall form a priority list for payment for the issuance of vouchers pursuant to

subsection (a) of this Section.

1) All such applications for payment shall be assigned a date that is the date

upon which the complete application for partial or final payment was

received by the Agency. This date shall determine the owner or

operator's priority for payment in accordance with subsection (d)(2)

(e)(2) of this Section, with the earliest dates receiving the highest

priority.

2) Once payment is approved by the Agency or by operation of law or

ordered by the Board or courts, the application for payment shall be

assigned priority in accordance with subsection (d)(1)(e)(1) of this

Section. The assigned date shall be the only factor determining the

priority for payment for those applications approved for payment.

(Source: Amended at ___ Ill. Reg. ________, effective ________________________)

Section 732.605 Eligible Costs

a) Types of costs that may be eligible for payment from the Fund include those for

corrective action activities and for materials or services provided or performed

in conjunction with corrective action activities. Such activities and services may

include but are not limited to:

1) Early action activities conducted pursuant to Subpart B of this Part;

2) Engineering oversight services;

3) Remedial investigation and design;

4) Feasibility studies;

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69

5) Laboratory services necessary to determine site classification and

whether the established corrective action objectives have been met;

6) Installation and operation of groundwater investigation and groundwater

monitoring wells;

7) The removal, treatment, transportation and disposal of soil contaminated

by petroleum at levels in excess of the established corrective action

objectives;

8) The removal, treatment, transportation and disposal of water

contaminated by petroleum at levels in excess of the established

corrective action objectives;

9) The placement of clean backfill to grade to replace excavated soil

contaminated by petroleum at levels in excess of the established

corrective action objectives;

10) Groundwater corrective action systems;

11) Alternative technology;

12) Recovery of free phase petroleum from groundwater;

13) The removal and disposal of any UST if a release of petroleum from the

UST was identified and IEMA was notified prior to its removal, with the

exception of any UST deemed ineligible by the Office of State Fire

Marshal,;

14) Costs incurred as a result of a release of petroleum because of

vandalism, theft or fraudulent activity by a party other than an owner,

operator or agent of an owner or operator;

15) Engineering costs associated with seeking payment or reimbursement

from the Fund including, but not limited to, completion of an application

for partial or final payment;

16) Costs associated with obtaining an Eligibility and Deductibility

Determination from the OSFM or the Agency;

17) Costs for destruction and replacement of concrete, asphalt and paving to

the extent necessary to conduct corrective action and if the destruction

and replacement has been certified as necessary to the performance of

corrective action by a Licensed Professional Engineer;

18) The destruction or dismantling and reassembly of above grade structures

in response to a release of petroleum if such activity has been certified as

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70

necessary to the performance of corrective action by a Licensed

Professional Engineer. For purposes of this subsection (a)(18),

destruction, dismantling or reassembly of above grade structures does

not include costs associated with replacement of pumps, pump islands,

buildings, wiring, lighting, bumpers, posts or canopies; and

19) Preparation of site classification plans (including physical soil

classification and groundwater investigation plans) and associated budget

plans, site classification reports, groundwater monitoring plans and

associated budget plans, groundwater monitoring completion reports,

High Priority corrective action plans and associated budget plans, and

High Priority corrective action completion reports.

b) An owner or operator may submit a budget plan or application for partial or

final payment that includes an itemized accounting of costs associated with

activities, materials or services not identified in subsection (a) of this Section if

the owner or operator submits detailed information demonstrating that the

activities, materials or services not identified in subsection (a) of this Section are

essential to the completion of the minimum corrective action requirements of the

Act and this Part 732.

(Source: Amended at ___ Ill. Reg. ________, effective ________________________)

Section 732.606 Ineligible Costs

Costs ineligible for payment from the Fund include but are not limited to:

a) Costs for the removal, treatment, transportation, and disposal of more than four

feet of fill material from the outside dimensions of the UST, as set forth in

Appendix C of this Part, during early action activities conducted pursuant to

Section 732.202(f), and costs for the replacement of contaminated fill materials

with clean fill materials in excess of the amounts set forth in Appendix C of this

Part during early action activities conducted pursuant to Section 732.202(f) of

this Part;

b) Costs or losses resulting from business interruption;

c) Costs incurred as a result of vandalism, theft or fraudulent activity by the owner

or operator or agent of an owner or operator including the creation of spills,

leaks or releases;

d) Costs associated with the replacement of above grade structures such as pumps,

pump islands, buildings, wiring, lighting, bumpers, posts or canopies, including

but not limited to those structures destroyed or damaged during corrective action

activities;

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71

e)

Costs of corrective action or indemnification incurred by an owner or operator

prior to July 28, 1989

(Section 57.8(j) of the Act) [415 ILCS 5/57.8(j)];

f) Costs associated with the procurement of a generator identification number;

g)

Legal defense costs

including

legal costs for seeking payment under

these

regulations

unless the owner or operator prevails before the Board

and the

Board authorizes payment of legal fees (Section 57.8(l) of the Act) [415 ILCS

5/57.8(l)];

h) Purchase costs of non-expendable materials, supplies, equipment or tools,

except that a reasonable rate may be charged for the usage of such materials,

supplies, equipment or tools;

i) Costs associated with activities that violate any provision of the Act or Board,

OSFM or Agency regulations;

j) Costs associated with investigative action, preventive action, corrective action,

or enforcement action taken by the State of Illinois if the owner or operator

failed, without sufficient cause, to respond to a release or substantial threat of a

release upon, or in accordance with, a notice issued by the Agency pursuant to

Section 732.105 of this Part and Section 57.12 of the Act;

k) Costs for removal, disposal or abandonment of UST if the tank was removed or

abandoned, or permitted for removal or abandonment, by the OSFM before the

owner or operator provided notice to IEMA of a release of petroleum;

l) Costs associated with the installation of new USTs, and the repair of existing

USTs and removal and disposal of USTs determined to be ineligible by the

Office of State Fire MarshalMarshall.;

m) Costs exceeding those contained in a budget plan or amended budget plan

approved by the Agency;

n) Costs of corrective action or indemnification incurred before providing

notification of the release of petroleum to IEMA in accordance with Section

732.202 of this Part;

o) Costs for corrective action activities and associated materials or services

exceeding the minimum requirements necessary to comply with the Act;

p) Costs associated with improperly installed sampling or monitoring wells;

q) Costs associated with improperly collected, transported or analyzed laboratory

samples;

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72

r) Costs associated with the analysis of laboratory samples for constituents other

than applicable indicator contaminants or groundwater objectives;

s) Costs for any corrective activities, services or materials unless accompanied by

a letter from OSFM or the Agency confirming eligibility and deductibility in

accordance with Section 57.9 of the Act;

t) Interest or finance costs charged as direct costs;

u) Insurance costs charged as direct costs;

v) Indirect corrective action costs for personnel, materials, service or equipment

charged as direct costs;

w) Costs associated with the compaction and density testing of backfill material;

x) Costs associated with sites that have not reported a release to IEMA or are not

required to report a release to IEMA;

y) Costs related to activities, materials or services not necessary to stop, minimize,

eliminate, or clean up a release of petroleum or its effects in accordance with

the minimum requirements of the Act (415 ILCS 5/1

et seq.

)[415 ILCS 5]and

regulations;

z) Costs incurred after completion of early action activities in accordance with

Subpart B by owners or operators choosing, pursuant to Sectionsubsection

732.300(b) of this Part, to conduct remediation sufficient to satisfy the

remediation objectives;

aa) Costs incurred after completion of site classification activities in accordance

with Subpart C by owners or operators choosing, pursuant to Sectionsubsection

732.400(b) or (c) of this Part, to conduct remediation sufficient to satisfy the

remediation objectives;

bb) Costs of alternative technology that exceed the costs of conventional technology;

cc) Costs for investigative activities and related services or materials for developing

a High Priority corrective action plan that are unnecessary or inconsistent with

generally accepted engineering practices or unreasonable costs for justifiable

activities, materials or services;

dd) Costs to prepare site classification plans and associated budget plans under

Section 732.305 of this Part, to perform site classification under Section

732.307 of this Part, or to prepare site classification completion reports under

Section 732.309 of this Part, for sites where owners or operators have elected to

classify under Section 732.312 of this Part;

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73

ee) Costs to prepare site classification plans and associated budget plans under

Section 732.312 of this Part, to perform site classification under Section

732.312 of this Part, or to prepare site classification completion reports under

Section 732.312 of this Part, for sites where owners or operators have

performed classification activities under Sections 732.305, 732.307, or 732.309

of this Part;

ff) Costs requested that are based on mathematical errors;

gg) Costs that lack supporting documentation;

hh) Costs proposed as part of a budget plan that are unreasonable;

ii) Costs incurred during early action that are unreasonable;

jj) Costs incurred at a site that has entered the Site Remediation Program under

Title XVII and 35 Ill. Adm. Code 740; and

kk) Costs incurred for additional remediation after receipt of a No Further

Remediation Letter for the occurrence for which the No Further Remediation

Letter was received, except costs incurred for MTBE remediation pursuant to

Sectionsubsection 732.310(i)(2) of this Part ;.

ll)

Handling charges for subcontractors costs that have been billed directly to the

owner or operator;

mm) Handling charges for subcontractor’s costs when the contractor has not paid the

subcontractor;

nn)

Costs associated with standby and demurrage; and

oo) Costs associated with a corrective action plan incurred after the Agency notifies

the owner or operator, pursuant to Section 732.405(f), that a revised corrective

action plan is required; provided however, that costs associated with any

subsequently approved corrective action plan will be eligible for reimbursement

if they meet the requirements of this Part.

(Source: Amended at ___ Ill. Reg. ________, effective ________________________)

Section 732.607 Payment for Handling Charges

Handling charges are eligible for payment only if they are equal to or less than the amount

determined by the following table

(Section 57.8(g) of the Act):

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SUBCONTRACT ELIGIBLE HANDLING CHARGES

OR FIELD

AS A PERCENTAGE OF COST:

PURCHASE COST:

$0 -$5,000

12%

$5,001 -$15,000 $600 PLUS 10% OF AMOUNT OVER $5,000

$15,001 -$50,000 $1,600 PLUS 8% OF AMOUNT OVER $15,000

$50,001 -$100,000 $4,400 PLUS 5% OF AMOUNTOVER $50,000

$100,001 - $1,000,000 $6,900 PLUS 2% OF AMOUNT OVER $100,000

(Section 57.8(g)

of the Act) [415 ILCS 5/57.8 (f)]

(Source: Amended at ___ Ill. Reg. ________, effective ________________________)

Section 732.609 Subrogation of Rights

Payment of any amount from the fund for corrective action or indemnification shall be subject

to the State acquiring by subrogation the rights of any owner, operator, or other person to

recover the costs of corrective action or indemnifictionindemnification for which the fund has

compensated such owner, operator, or person from the person responsible or liable for the

release.

(Section 57.8(h) of the Act) [415 ILCS 5/57.8(h)].

(Source: Amended at ___ Ill. Reg. ________, effective ________________________)

SUBPART G: NO FURTHER REMEDIATION LETTERS AND RECORDING

REQUIREMENTS

Section 732.701 Issuance of a No Further Remediation Letter

 

a) Upon approval by the Agency of a No Further Action site classification report,

a Low Priority groundwater monitoring completion report, or a High Priority

corrective action completion report, the Agency shall issue to the owner or

operator a No Further Remediation Letter. The No Further Remediation Letter

shall have the legal effect prescribed in Section 57.10 of the Act. The No

Further Remediation Letter shall be denied if the Agency rejects or requires

modification of the applicable report.

 

b) The Agency shall have 120 days fromafter the date of receipt of a complete

report to issue a No Further Remediation Letter and may include the No Further

Remediation Letter as part of the notification of approval of the applicable

report in accordance with Subpart E of this Part. If the Agency fails to send the

No Further Remediation Letter within 120 days, it shall be deemed denied by

operation of law.

 

c) The notice of denial of a No Further Remediation Letter by the Agency may be

included with the notification of rejection or modification of the applicable

report. The reasons for the denial shall be stated in the notification. The denial

shall be considered a final determination appealable to the Board within 35 days

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75

after the Agency's final action in the manner provided for the review of permit

decisions in Section 40 of the Act. If any request for a No Further Remediation

Letter is denied by operation of law, in lieu of an immediate repeal to the Board

the owner or operator may either resubmit the request and applicable report to

the Agency or file a joint request for a 90 day extension in the manner provided

for extensions of permit decision in Section 40 of the Act.

 

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

certified mail, postmarked with a date stamp and with return receipt requested.

Final action shall be deemed to have taken place on the postmarked date that the

letter is mailed.

 

e)

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

that arise from oversight, omission or clerical mistake. Upon correction of the

No Further Remediation Letter, the Agency shall mail the corrected letter to the

owner or operator as set forth in subsection (c) of this Section. The corrected

letter shall be perfected by recording in accordance with the requirements of

Section 732.703.

 

(Source: Amended at ___ Ill. Reg. ________, effective ________________________)

 

Section 732.702 Contents of a No Further Remediation Letter

 

A No Further Remediation Letter issued pursuant to this Part shall include all of the following:

 

a) An acknowledgment that the requirements of the applicable report were

satisfied;

 

b) A description of the location of the affected property by adequate legal

description or by reference to a plat showing its boundaries, or, for purposes of

Sectionsubsection 732.703(d) of this Part, other means sufficient to identify site

location with particularity;

 

c) The remediation objectives determined in accordance with 35 Ill. Adm. Code

742 and any land use limitation, as applicable, required by 35 Ill. Adm. Code

742 as a condition of the remediation objectives;

 

d) A statement that the Agency's issuance of the No Further Remediation Letter

signifies that:

 

1)

All corrective action requirements

under Title XVI and Part 732

applicable to the occurrence have been complied with;

 

 

2)

All corrective action concerning the remediation of

 

the occurrence has

been completed; and

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76

 

3)

No further corrective action concerning the occurrence is necessary for

the protection of human health, safety and the environment.

(Section

57.10(c) of the Act) [415 ILCS 5/57.10(c)]

 

 

e) The prohibition under Section 732.703(e) (c)of this Part against the use of any

site in a manner inconsistent with any applicable land use limitation, without

additional appropriate remedial activities;

 

f) A description of any approved preventive, engineering, and institutional controls

identified in the plan or report and notification that failure to manage the

controls in full compliance with the terms of the plan or report may result in

voidance of the No Further Remediation Letter;

 

g) The recording obligations pursuant to Section 732.703 of this Part;

 

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

732.704(e)(c) of this Part;

 

i) Notification that further information regarding the site can be obtained from the

Agency through a request under the Freedom of Information Act [5 ILCS 140];

and

 

j) Any other provisions agreed to by the Agency and the owner or operator.

 

(Source: AddedAmended at 21____ Ill. Reg. 3617_____, effective July 1, 1997_______)

 

Section 732.703 Duty to Record a No Further Remediation Letter

a)

Except as provided in subsections (c) and (d) of this Section, Aan owner or

operator receiving a No Further Remediation Letter from the Agency pursuant

to this Subpart G shall submit the letter, with a copy of any applicable

institutional controls (as set forth in 35 Ill. Adm. Code 742, Subpart J) proposed

as part of a corrective action completion reportCorrective Action Completion

Report, to the Office of the Recorder or the Registrar of Titles of the county in

which the site is located within 45 days after receipt of the letter. The letter

shall be filed in accordance with Illinois law so that it forms a permanent part of

the chain of title.

b)

Except as provided in subsections (c) and (d) of this Section, A a No Further

Remediation Letter shall not become effective be perfected upon the date of the

official recording of such letter until officially recorded in accordance with

subsection (a) of this Section. The owner or operator shall obtain and submit to

the Agency, within 30 days after the official recording date, a certified, or

otherwise accurate and official copy of the letter and any attachments as

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77

recorded. An unperfected No Further Remediation Letter is effective only as

between the Agency and the owner or operator. The Agency may, pursuant to

Section 732.704(a)(5) 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.

c)

For sites located in an Illinois Department of Transportation (IDOT) right-of-

way, the following requirements shall apply:

1) In order for the No Further Remediation Letter to be perfected, IDOT

must enter into a Memorandum of Agreement (MOA) with the Agency.

The MOA must include, but is not limited to:

A)

The name of the site, if any, and any IDOT or Agency identifiers

(e.g., incident number, Illinois inventory identification number);

B) The address of the site (or other description sufficient to identify

the location of the site with certainty);

C)

A copy of the No Further Remediation Letter for each site subject

to the MOA;

D) Procedures for tracking 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 site;

E)

Provisions addressing future conveyances (including title or any

lesser form of interest) or jurisdictional transfers of the 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:

i) Upon creation of a deed, the recording of the No Further

Remediation 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 after recording;

ii)

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

corrective action plan and the No Further Remediation

Letter; and

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78

iii) 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 corrective action plan and No Further Remediation

Letter; and

F)

Provisions for notifying the Agency if any actions taken by IDOT

or its permittees at the site result in the failure or inability to

restore the site to meet the requirements of the corrective action

plan and the No Further Remediation Letter.

2) Failure to comply with the requirements of this subsection 732.703(c)

may result in voidance of the No Further Remediation Letter pursuant to

Section 732.704 of this Part as well as any other penalties that may be

available.

d)

For sites located on Federally Owned Property 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 Federal 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 on 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 identifiesidentify

the site in question with particularity;

B)

Implement periodic site inspection procedures that ensure

oversight by the Federal Landholding Entities of any land use

limitations or restrictions imposed pursuant to the No Further

Remediation Letter;

C) Implement procedures for the Federal Landholding Entities to

periodically advise the Agency of continued compliance with all

maintenance and inspection requirements set forth in the LUC

MOA;

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79

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 simple title, by the Federal Landholding Entities, of

the site or sites subject to the No Further Remediation Letter, to

any entity that will not remain or become a Federal Landholding

Entity, and provide the Agency with information about how the

Federal Landholding Entities will ensure the No Further

Remediation Letter is recorded on the chain of title upon transfer

of the property; 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 restriction(s)

on future land use, the Federal Landholding Entity shall submit the letter

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

which the site is located within 45 days after receipt of the letter. The

letter shall be filed in accordance with Illinois law so it forms a

permanent part of the chain of title. The Federal Landholding Entity

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

copy of the letter demonstrating that the recording requirements have

been satisfied.

3)

Failure to comply with the requirements of this subsection (d) and the

LUC MOA may result in voidance of the No Further Remediation Letter

as well as any other penalties that may be available.

ec) At no time shall any site for which a land use limitation has been imposed as a

result of corrective action under this Part be used in a manner inconsistent with

the land use limitation set forth in the No Further Remediation Letter.unless

further investigation or remedial action has been conducted that documents the

attainment of objectives appropriate for the new land use and a new letter is

obtained and recorded in accordance with this Part. The land use limitation

specified in the No Further Remediation Letter may be revised only by the

perfecting of a subsequent No Further Remediation Letter, issued pursuant to

Title XVII of the Act and regulations thereunder, following further investigation

or remediation that demonstrates the attainment of objectives appropriate for the

new land use.

(Source: Amended at ___ Ill. Reg. ________, effective ________________________)

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Section 732.704 Voidance of a No Further Remediation Letter

a) The No Further Remediation Letter shall be voidable if site activities are not

carried out in full compliance with the provisions of this Part, and 35 Ill. Adm.

Code 742 where applicable, or the 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 violations of institutional controls or land use restrictions, if

applicable;

2) The failure of the owner or operator or any subsequent transferee to

operate and maintain preventive, engineering and institutional controls or

comply with a groundwater monitoring plan, if applicable;

3) Obtaining the No Further Remediation Letter by fraud or

misrepresentation;

4) Subsequent discovery of indicator contaminants related to the occurrence

upon which the No Further Remediation Letter was based which:

A) were not identified as part of the investigative or remedial

activities upon which the issuance of the No Further Remediation

Letter was based;

B) results in the following:

i) the site no longer satisfying the criteria of a No Further

Action site classification.;

ii) the site no longer satisfying the criteria of a Low Priority

site classification.;

iii) failing to meet the remedial objectives established for a

High Priority site; and

C) pose a threat to human health or the environment;

5)

Failure to record the No Further Remediation Letter in accordance with

Section 732.703 Upon lapse of the 45 day period for perfection of the

No Further Remediation Letter for recording, the failure to perfect the

No Further Remediation Letter; or

5)6) Disturbance or removal of contamination left in place under an approved

plan;

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81

7) The failure to comply with the requirements of Section 732.703(c) and

the Memorandum of Agreement entered in accordance with Section

732.703(c) for a site located in an IDOT right-of-way;

8)

The failure to comply with the requirements of Section 732.703(d) and

the LUC MOA entered in accordance with Section 732.703(d) for a site

located on Federally Owned Property for which the Federal Landholding

Entity does not have the authority under federal law to record

institutional controls on the chain of title;

9) The failure to comply with the requirements of Section 732.703(d) of

this Part or the failure to record a No Further Remediation Letter

perfected in accordance with Section 732.703(d) within 45 days

following the 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

10)

The failure to comply with the notice or confirmation requirements of 35

Ill. Adm. Code 742.1015(b)(5) and 35 Ill. Adm. Code 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 site and the owner or operator at his or

her last known address.

1) The notice shall specify the cause for the voidance and describe the facts

in support of the cause.

2) The Agency shall mail Notices of Voidance by registered or certified

mail, date stamped with return receipt requested.

c) Within 35 days after receipt of the Notice of Voidance, the current title holder

and owner or operator of the site at the time the No Further Remediation Letter

was issued may appeal the Agency's decision to the Board in the manner

provided for the review of permits permit decisions in Section 40 of the Act.

d) 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 such action.

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 is

reached by the Board or courts.

A) Upon receiving a notice of appeal, the Agency shall file a Notice

of Lis Pendenslis pendens with the Office of the Recorder or the

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82

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

becomes a part of the chain of title for the site.

B) If the Agency's action is not upheld on appeal, the Notice of Lis

Pendenslis pendens shall be removed in accordance with Illinois

law within 45 days after receipt of the final decision of the Board

or the courts.

2) If the Agency's action is not appealed or is upheld on appeal, 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.

(Source: Amended at ___ Ill. Reg. ________, effective ________________________)

Section 732.APPENDIX A Indicator Contaminants

TANK CONTENTS

INDICATOR CONTAMINANTS

 

  

GASOLINE

leaded(1), unleaded, premium and gasohol

Benzenebenzene

Ethylbenzeneethylbenzene

Toluenetoluene

Xylenexylene

Methyl tertiary butyl ether (MTBE)

  

 

 

 

MIDDLE DISTILLATE AND HEAVY ENDS

  

aviation turbine fuels(1)

jet fuels

Benzenebenzene

Ethylbenzeneethylbenzene

Toluenetoluene

Xylenexylene

diesel fuels

Acenaphthene acenaphthene

gas turbine fuel oils Anthracene anthracene

heating fuel oils

Benzo(a)anthracene benzo(a)anthracene

illuminating oils

Benzo(a)pyrene benzo(a)pyrene

Kerosenekerosene Benzo(b)fluoranthene benzo(b)fluoranthene

Lubricantslubricants Benzo(k)fluoranthene benzo(k)fluoranthene

liquid asphalt and dust laying oils

Chrysene chrysene

cable oils

Dibenxo(a,h)anthrancene dibenxo(a,h)anthracene

crude oil, crude oil fractions

Fluoranthene fluoranthene

petroleum feedstocks

Fluorene fluorene

petroleum fractions

Indeno(1,2,3-c,d)pyrene indeno(1,2,3-c,d)pyrene

heavy oils

Napthalene napthalene

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83

transformer oils(2)

Pyrene pyrene

hydraulic fluids(3)

Other other non-carcinogeniccarc.PNAs(total)(6)

petroleum spirits(4)

  

mineral spirits(4), Stoddard solvents(4)

  

high-flash aromatic naphthas(4)

  

VM&P naphthas(4)

  

moderately volatile hydrocarbon solvents(4)

  

petroleum extender oils(4)

  

 

  

USED OIL

Screening sample(5)

 

  

(1) lead is also an indicator contaminant

(2) the polychlorinated biphenyl parameters listed in Appendix B are also indicator

contaminants

(3) barium is also an indicator contaminant

(4) the volatile, base/neutral and polynuclear aromatic parameters listed in Appendix B are

also indicator contaminants

(5) used oil indicator contaminants shall be based on the results of a used oil soil sample

analysis -refer to subsection 732.310(g)

(6) acenaphthylene, benzo(g,h,i)perylene and phenanthrene

(Source: Amended at ___ Ill. Reg. ________, effective ________________________)

Section 732.Appendix B Additional Parameters

Volatiles

1. Benzene

2. Bromoform

3. Carbon tetrachloride

4. Chlorobenzene

5. Chloroform

6. Dichlorobromomethane

7. 1,2-Dichloroethane

8. 1,1-Dichloroethene

9. cis-1,2-Dichloroethylene

10. trans-1,2-Dichloroethylene

11. Dichloromethane

(Methylene chloride)

12. 1,2-Dichloropropane

13.

1,3-Dichloropropylene (cis + trans)

14. Ethylbenzene

15. Styrene

16. Tetrachloroethylene

17. Toluene

18. 1,1,1-Trichloroethane

19. 1,1,2-Trichloroethane

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84

20. Trichloroethylene

21. Vinyl chloride

22. Xylenes (total)

 

Base/Neutrals

1. Bis(2-chloroethyl)ether

2. Bis(2-ethylhexyl)phthalate

3. 1,2-Dichlorobenzene

4. 1,4-Dichlorobenzene

5. Hexachlorobenzene

6. Hexachlorocyclopentadiene

7.

n

-Nitrosodi-

n

-propylamine

8.

n

-Nitrosodiphenylamine

9. 1,2,4-Trichlorobenzene

 

Polynuclear Aromatics

1. Acenaphthene

2. Anthracene

3. Benzo(a)anthracene

4. Benzo(a)pyrene

5. Benzo(b)fluoranthene

6. Benzo(k)fluoranthene

7. Chrysene

8. Dibenzo(a,h)anthracene

9. Fluoranthene

10. Fluorene

11. Indeno(1,2,3-c,d)pyrene

12. Naphthalene

13. Pyrenep

Pyrene

Other Non-Carcinogenic PNAs (total)

14. Acenaphthylene

15. Benzo(g,h,i)perylene

16. Phenanthrene

17.

Other Non-Carcinogenic PNAs (total)

 

Metals (total inorganic and organic forms)

1. Arsenic

2. Barium

3. Cadmium

4. Chromium (total)

5. Lead

6. Mercury

7. Selenium

 

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85

Acids

1. Pentachlorophenol

2. Phenol (total)

3. 2,4,6-Trichlorophenol

 

Pesticides

1. Aldrin

2. alpha-BHC

3. Chlordane

4. 4,4'-DDD

5. 4,4'-DDE

6. 4,4-DDT

7. Dieldrin

8. Endrin

9. Heptachlor

10. Heptachlor epoxide

11. Lindane (gamma-BHC)

12. Toxaphene

 

Polychlorinated Biphenyls

1. Polychlorinated Biphenyls

(as Decachlorobiphenyl)

(Source: Amended at ___ Ill. Reg. ________, effective ________________________)

Section 732.Appendix C Backfill Volumes and Weights

Volume of Tank in Gallons

Maximum amount of backfill

material to be removed in:

cubic yards in place tons

Maximum amount of

backfill material to be

replaced in:

cubic yardsin place tons

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86

<285

285 to 299

300 to 559

560 to 999

1000 to 1049

1050 to 1149

1150 to 1999

2000 to 2499

2500 to 2999

3000 to 3999

4000 to 4999

5000 to 5999

6000 to 7499

7500 to 8299

8300 to 9999

10,000 to 11,999

12,000 to 14,999

>15,000 to 19999

54

55

56

67

81

89

94

112

128

143

175

189

198

206

219

252

286

345

91

92

94

113

136

150

158

188

215

240

294

318

333

346

368

423

480

580

56

57

58

70

87

96

101

124

143

161

198

219

235

250

268

312

357

420

94

96

97

118

146

161

170

208

240

270

333

368

395

420

450

524

600

706

 

Site specific information may be used to determine the weight of backfill material if site

conditions such as backfill material, soil moisture content, and soil conditions differ

significantly from the default values.

 

BOARD NOTE:; The weight of backfill material is calculated by using the default bulk density

values listed in the TACO regulations at 35 Ill. Adm. Code 742, Appendix C, Table B. The

weight of backfill material to be removed is based on a dry bulk density value of 1.8 g/cm

3 for

sand and a moisture content of 10 percent which equals 1.98 g/cm

3. The Board has rounded

the removed backfill density to 2.0 g/cm

3. The weight of backfill material to be replaced is

based on a dry bulk density value of 2.0 g/cm

3 for gravel.

 

(Source: AddedAmended at ___ Ill. Reg. ________, effective ________________________)

 

 

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 April 18, 2002, by a vote of 6-0.

 

 

Dorothy M. Gunn, Clerk

Illinois Pollution Control Board