ILLINOIS POLLUTION CONTROL BOARD

March 17, 1994

IN THE 

MATTER

OF:

)

REGULATION OF PETROLEUM      

)

LEAKING UNDERGROUND STORAGE TANKS 

)

R94-2

35 ILL. 

AD!’!.

CODE 732       

)

(Rulemaking)

(Pursuant to P.A. 88-496)     

)

Proposed Rule.  First Notice.

OPINION 

AND

ORDER OF THE BOARD (by C.A. Manning, 3. Theodore

Meyer, and M. McFawn):

The matter before us concerns the rulemaking necessitated by

Illinois’ new underground storage tank (UST) program which the

Governor signed into law as P.A. 88-496 on September 13, 1993.

The new UST law substantially amended the underground storage

tank statutory provisions of the Environmental Protection Act

(Act) adding new Title 

XVI,

creating new sections (Sections 57—

59), and repealing the former law (Section 22.13, 22.18, 22.18b

and 22.18c).

P.A. 88-496 was adopted to revise the method under which the

Illinois UST program is administered. Three significant changes

are: (1) dividing administration of the program between two state

agencies rather than one (the Illinois Environmental Protection

Agency (Agency) and the Office of State Fire Marshal (OS?)!)); (2)

prioritizing UST sites based on “risk” for purposes of corrective

action standards; and (3) requiring the Agency to propose

regulations to the Board for the administration of the program

and the application of the corrective action standards.

Section 57 of the new law provides five objectives which the

statutory changes intend to accomplish, and which will ultimately

guide the instant regulatory proposal:

1)  the adoption of procedures for the reinediation of

UST sites due to the release of petroleum and

other substances;

2)  the establishment of procedures for a LUST program

that will oversee and review any reznediation

required for UST systems and for administration of

the UST Fund;

3)  the establishment by the State of a fund to

satisfy UST financial assurance requirements for

persons who qualify for access;

4)  the adoption of procedures for eligible owners and

operators to seek payment for the costs of site

investigation and reinediation; and

2

5)  the adoption of procedures for the review or audit

and approval of corrective action efforts

performed by Licensed Professional Engineers.

To aid the Agency in fulfilling its responsibility for

development of rules implementing Title XVI, Section 57.14(b)

established an UST Advisory Committee. The UST Advisory

Committee’s purpose was to advise and be available for

consultation with the Agency, prior to the Agency’s submittal of

a regulatory package. The UST Advisory Committee membership

consisted of one member from the Illinois State Chamber of

Commerce, one member from the Illinois Manufacturers Association,

one member from the Illinois Petroleum Council, two members from

the Illinois Petroleum Marketers Association, and one member from

the Consulting Engineers Council. The Agency had numerous

meetings with the Committee in preparation of filing the instant

rulemaking. Additionally, the Agency and the Committee met with

other environmental regulatory agencies, including UST officials

from U.S. EPA, Region V concerning the federal approvability of

the new UST law, and the Office of State Fire Marshal, which was

granted authority in P.A. 88-496 to make eligibility and

deductibility determinations.

Among the many directives in the new UST law, Section 57.14

requires that the Agency propose to the Board, within six months

of the law’s effective date, regulations implementing procedures

and standards for the Agency’s administration of its duties under

the new UST program. (415 ILCS 5/57.14(b).) In turn, the Board is

given six months from receipt of the proposed rules to adopt

regulations consistent with new Title XVI. 

(~)

In compliance

with its statutory mandate, on March 14, 1994, the Agency filed

the instant proposal by mail and the Clerk of the Board docketed

the petition on March 15, 1994. Pursuant to Section 57.14(b),

our deadline for adoption of UST rules is September 15, 1994.

Since the rulemaking must be completed under a rigid adoption

schedule, we are hereby immediately accepting the petition for

hearing. A schedule of hearing dates for April and May will be

the subject of a hearing officer order in the near future.

We find, however, that further information concerning the

economic and technical justification of these rules is necessary

from the proponent. The Agency’s Statement of Reasons states

“(b)ecause the Act sets forth the new (UST) program in such

detail, technical feasibility and economic reasonableness are not

in issue.” (Statement of Reasons at 26—27.) It is nonetheless

our responsibility to insure that the requirements of 35 111.

Adm. Code Section 102.121 are satisfied and also to consider,

pursuant to Section 27(a) of the Act (415 ILCS 5/27(a) (1992)),

the technical feasibility and economic reasonableness of any

environmental rulemaking prior to adoption. For this reason and

because the Joint Committee on Administrative Rules requires we

file an economic justification statement (See also, “Analysis of

3

Economic and Budgetary Effects of Proposed Rulemaking”, 35 Ill.

Adm. Code 102.121(c)), the Agency is directed to supplement its

proposal with the above described information no later than April

15, 1994. We anticipate that, if necessary, this information may

be more fully developed at hearing.

Since this rulemaking must be initiated as soon as possible,

we will also send the proposed rules to first notice for

publication in the Illinois Register and do so without providing

comment as to the substance of the rulemaking proposed by the

Agency. (5 ILCS 100/5-40 (1992).) We are entering this “non—

substantive” first notice order so we may provide an appropriate

period for public comment on the proposal while also complying

with the strict six-month statutory deadline imposed by new Title

XVI of the Act.

In conjunction with the proposal, the Agency has also filed

a motion pursuant to 35 Ill. Adin. Code 102.121(f) requesting we

waive the requirement that documents proposed for “incorporation

by reference” in the rules be submitted to the Board. As these

documents are already in the Board’s possession, are somewhat

voluminous, and expensive to duplicate, we hereby grant the

motion. The six documents are:

*I’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. 1988), Doc. No. PB 89—

220461.

*‘lpractical Guide for Ground—Water Sampling,”

EPA Publication No. EPA—600/2-85/104

(September 1985), Do. No. PB 86—137304.

*“Test Methods for Evaluating Solid Wastes,

Physical/Chemical Methods,” EPA Publication

No. SW-846 (Third Edition, 1986, as amended

by Revision I) (December 1987), Doc. No. PB

89—148076.

*These testing methods are available from the National

Technical Information Service (NTIS), 5285 Port Royal Road,

Springfield, VA 22161 (703)487—4600.

4

**40 CFR 261, Appendix II (1992).

**4Ø CFR 761.120 (1993)

ORDER

The Board directs the Clerk of the Board to cause the filing

of the following proposal for first notice publication in the

Illinois Register:

TITLE 35: ENVIRONMENTAL PROTECTION

SUBTITLE G: WASTE DISPOSAL

CHAPTER 1:

POLLUTION CONTROL BOARD

SUBCHAPTER d:

UNDERGROUND INJECTION CONTROL

AND

UNDERGROUND STORAGE

TANK 

PROGRAMS

PART 732

PETROLEUM UNDERGROUND STORAGE TANKS

SUBPART A:

GENERAL

732.100

732.101

732

102

732.103

732. 104

732.105

732.200

732.201

732.202

732.203

732.204

732.300

732.301

732.302

732.303

732.304

732.305

732.306

732.307

732.308

Applicability

Election to Proceed under Part 732

Severability

Definitions

Incorporations by Reference

Agency Authority to Initiate Investigative, Preventive

or Corrective Action

General

SUBPART B:

EARLY ACTION

Agency Authority to Initiate

Early Action

Free Product Removal

Application for Payment

SUBPART C: SITE EVALUATION AND CLASSIFICATION

General

Agency Authority to Initiate

“No Further Action” Sites

“Low Priority” Sites

“High Priority” Sites

Plan Submittal and Review

Deferred Site Classification; Priority List

Site Evaluation

Boring Logs and Sealing of Soil Borings and Groundwater

Monitoring Wells

**These documents are citations to the Code of Federal

Regulations (CFR). The regulations are available from the

Superintendent of Documents, U.S. Government Printing Office,

Washington, D.C. 20402, (202) 783—3238 and most law libraries.

732.309

732.310

723.311

732.400

732.401

732.402

732. 403

732.404

732.405

732

406

732.407

732.408

732.409

732.410

Site Classification Completion Report

Indicator Contaminants

Groundwater Quality Standards for Indicator

Contaminants

SUBPART D:

CORRECTIVE ACTION

General

Agency Authority

to Initiate

“No Further Action” Site

“Low Priority” Site

“High Priority” Site

Plan Submittal and Review

Deferred Corrective Action; Priority List

Alternative Technologies

Corrective Action Remediation Objectives

Groundwater Monitoring and Corrective Action Completion

Reports

“No Further Remediation” Letter

SUBPART E: SELECTION AND REVIEW PROCEDURES FOR 

PLANS AND REPORTS

General

Submittal of Plans or Reports

Completeness Review

Full Review of Plans or Reports

Selection of Plans or Reports for Full Review

Standards for Review of Plans or Reports

SUBPART F: PAYMENT OR REIMBURSEMENT

General

Applications for

Payment

Review of Applications for Payment

Authorization for Payment; Priority List

Limitations on Total Payments

Eligible Costs

Ineligible Costs

Payment for Handling Charges

Apportionment of Costs

Subrogation of Rights

Indemnification

Costs Covered by Insurance, Agreement or Court Order

Determination and Collection of Excess Payments

732.Appendix A Indicator Contaminants

732.Appendix B Groundwater and Soil Remediation Objectives and

Acceptable Detection Limits

AUTHORITY: Implementing Sections 22.12 and 57 

—

57.17 and

authorized by Section 57.14 of the Environmental Protection Act

(415 ILCS 5/22.12, 57 

—

57.17, 57.14, as added by P.A. 88—496,

effective September 13, 1993).

732. 500

732.501

732.502

732.503

732.504

732.505

732.600

732.601

732.602

732.603

732

•

604

732.605

732.606

732.607

732.608

732.609

732. 610

732

•

611

732. 612

SOURCE: Adopted in R94—_ at 

—

Ill. Reg. 

______,

effective

__________________

19_.

NOTE: Capitalization denotes statutory language.

SUBPART A: GENERAL

Section 732.100  

Applicability

a)  This Part applies to owners or operators of any

underground storage tank system used to contain

petroleum and for which a release has been confirmed

and required to be reported to Illinois Emergency

Management Agency (IEM?L) on or after the effective date

of this Part in accordance with regulations adopted by

the Office of State Fire Marshal (OS?)!). It does not

apply to owners or operators of sites for which the

OS?)! does not require a report to IEMA or for which the

OS?)! has issued or intends to issue a certificate of

removal or abandonment pursuant to Section 57.5 of the

Environmental Protection Act (Act) (415 ILCS 5/57.5).

Owners or operators of any underground storage tank

system used to contain petroleum and for which a

release was reported to IEMA on or before September 12,

1993, may elect to proceed in accordance with this Part

pursuant to Section 732.101.

b)  Owners or operators subject to this Part by law or by

election shall proceed expeditiously to comply with all

requirements of the Act and the regulations and to

obtain the “No Further Remediation” letter signifying

final disposition of the site for purposes of this

Part. The Agency may use its authority pursuant to the

Act and Section 732.105 of this Part to expedite

investigative, preventive or corrective action by an

owner or operator or to initiate such action.

Section 732.101  

Election to Proceed under Part 732

a)  Owners or operators of any underground storage tank

system used to contain petroleum and for which a

release was reported to the proper state authority on

or before September 12, 1993, may elect to proceed in

accordance with this Part by submitting to the Agency a

written statement of such election signed by the owner

or operator. Completion of corrective action shall

then follow the requirements of this Part. The

election shall be effective upon receipt by the Agency

and shall not be withdrawn once made.

b)  Owners or operators of underground storage tanks (USTs)

used exclusively to store heating oil for consumptive

use on the premises where stored and which serve other

than a farm or residential unit may elect to proceed in

7

accordance with this Part by submitting to the Agency a

written statement of such election signed by the owner

or operator. Completion of corrective action shall

then follow the requirements of this Part. The

election shall be effective upon receipt by the Agency

and shall not be withdrawn once made.

If the owner or operator elects to proceed pursuant to

this Part, corrective action costs incurred in

connection with the release and prior to the

notification of election shall be payable or

reimbursable in the same manner as was allowable under

the then existing law. Corrective action costs

incurred after the notification of election shall be

payable or reimbursable in accordance with Subparts E

and F of this Part.

Section 732.102  

Severability

If any provision of this Part or its application to any person or

under any circumstances is adjudged invalid, such adjudication

shall not affect the validity of this Part as a whole or of any

portion not adjudged invalid.

Section 732.103  

Definitions

Except as stated in this Section, or unless a different meaning

of a word or term is clear from the context, the definition of

words or terms in this Part shall be the same as that applied to

the same words or terms in the Environmental Protection Act (415

ILCS 5/1—57.17).

“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.

“Act” means the Environmental Protection Act (415 ILCS 5/1

et sea.).

“Agency” means the Illinois Environmental Protection Agency.

“Alternative technology” means a process or technique, other

than conventional technology, used to perform a corrective

action with respect to soils contaminated by releases of

petroleum from an underground storage tank.

“Board” means the Illinois Pollution Control Board.

“BODILY INJURY” MEANS BODILY INJURY, SICKNESS, OR DISEASE

SUSTAINED BY A PERSON, INCLUDING DEATH AT ANY TIME,

RESULTING FROM A RELEASE OF PETROLEUM FROM AN UNDERGROUND

STORAGE 

TANK.

(Section 57.2 of the Act).

“CLASS I GROUNDWATER” MEANS GROUNDWATER THAT MEETS THE CLASS

I: POTABLE RESOURCE

GROUNDWATER CRITERIA SET FORTH IN THE

BOARD REGULATIONS ADOPTED PURSUANT TO THE ILLINOIS

GROUNDWATER PROTECTION ACT. (Section 57.2 of the Act).

“CLASS III GROUNDWATER” MEANS GROUNDWATER THAT MEETS THE

CLASS III: SPECIAL RESOURCE GROUNDWATER CRITERIA

SET

FORTH

IN THE BOARD 

REGULATIONS

ADOPTED PURSUANT TO THE ILLINOIS

GROUNDWATER PROTECTION ACT. (Section 57.2 of the Act).

“Confirmed exceedence” means laboratory verification of an

exceedence of the applicable groundwater quality standards

or objectives.

“Confirmed release” means a release of petroleum that has

been confirmed in accordance with regulations promulgated by

the Office of the State Fire Marshal at 41 Ill. Adm. Code

170.

“Conventional technology” means a process or technique to

perform a corrective action by removal, transportation and

disposal of soils contaminated by a release of petroleum

from an underground storage tank in accordance with

applicable laws and regulations, but without processing to

remove petroleum from the soils.

“CORRECTIVE ACTION” MEANS ACTIVITIES ASSOCIATED WITH

COMPLIANCE WITH THE PROVISIONS OF SECTIONS 57.6 AND 57.7 OF

the Act. (Section 57.2 of the Act).

“FILL MATERIAL”

MEANS NON-NATIVE OR DISTURBED MATERIALS USED

TO BED

AND BACKFILL AROUND AN UNDERGROUND STORAGE TANK.

(Section 57.2 of the Act).

“Free product” means petroleum that is present as a non—

aqueous phase liquid (e.g., liquid not dissolved in water).

“FUND” MEANS THE UNDERGROUND STORAGE TANK FUND. (Section

57.2 of the Act).

“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. (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. (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 

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 

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 

OPERATED BY THE OWNER OR OPERATOR. (Section 57.2 of the

Act).

“LICENSED PROFESSIONAL ENGINEER” MEANS A PERSON, CORPORATION

OR PARTNERSHIP LICENSED UNDER THE LAWS OF THE STATE OF

ILLINOIS TO PRACTICE PROFESSIONAL ENGINEERING. (Section

57.2 of the Act).

“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 ANY RELEASE FROM AN UNDERGROUND STORAGE

TANK, 

INCLUDING

ANY ADDITIONAL RELEASE FROM THAT UNDERGROUND

STORAGE TANK AT THE SITE IDENTIFIED IN THE COURSE OF

PERFORMING CORRECTIVE ACTION IN RESPONSE TO THE INITIAL

RELEASE. (Section 57.2 of the Act).

“OS?)!” 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. (42 U.S.C. S 6991).

“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;

10

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.

(42 U.S.C. S 6991).

“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. S 6991).

“Petroleum” means petroleum, including crude oil or any

fraction thereof which is liquid at standard conditions of

temperature and pressure (60 degrees Fahrenheit and 14.7

pounds per square inch absolute). (42 U.S.C. 5 6991).

“PHYSICAL SOIL CLASSIFICATION” MEANS 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. (Section 57.2 of the Act).

“POTABLE” MEANS GENERALLY FIT FOR HUMAN CONSUMPTION IN

ACCORDANCE WITH ACCEPTED WATER SUPPLY PRINCIPLES AND

PRACTICES. (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 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. (Derived from Section 57.2 of the Act).

“Registration” means registration of an underground storage

tank with the OS?)! 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, THE GEOLOGY OF WHICH RENDERS A

POTABLE RESOURCE GROUNDWATER PARTICULARLY SUSCEPTIBLE TO

CONTAMINATION. (Section 3.67 of the Act).

11

“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. S 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. SS 6921 et seq.)), and

Petroleum. (42 U.S.C. 5 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. (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 ZONE” MEANS A GEOGRAPHIC AREA, DESIGNATED PURSUANT

TO THE ACT or regulations, 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. (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. (Section 57.2 of the

Act).

“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:

12

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. App. 1671 et seq.), or the Hazardous Liquid

Pipeline Safety Act of 1979 (49 U.S.C. App. 2002. et

seq.), or which is an intrastate pipeline facility

regulated under State laws as provided in either of

these provisions of law, and which is determined by the

Secretary 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;

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 upon or above the

surface of the floor. (Derived from 42 U.S.C.S 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. (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.

Section 732.104  

Ir*corporations by Reference

a)  The Board incorporates the following material by

reference:

AST)!.- American Society for Testing and Materials, 1916

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

ASTM D 422—63, Standard Test Method for Particle-

13

Size Analysis of Soils, approved November 21,

1963, (reapproved 1990).

ASTN D 1140-54, Standard Test Method for Amount of

Material in Soils Finer than the No. 200 (75 urn)

Sieve, approved September 15, 1954, (reapproved

1990)

ASTM D 2216-90, Standard Test Method for

Laboratory Determination of Water (Moisture)

Content of Soil and Rock, approved November 30,

1990.

ASTM D 4643-87, Standard Test Method for

Determination of Water (Moisture) Content of Soil

by the Microwave Oven Method, approved February 2,

1987.

ASTN D 2487-90, Standard Test Method for

Classification of Soils for Engineering Purposes,

approved June 22, 1990.

AST)! D 2488—90, Standard Practice for Description

and Identification of Soils (Visual-Manual

Procedure), approved June 29, 1990.

AST)! D 5084-90, Standard Test Method for

Measurement of Hydraulic Conductivity of Saturated

Porous Materials Using a Flexible Wall

Permeameter, approved June 22, 1990.

AST)! D 4525-90, Standard Test Method for

Permeability of Rocks by Flowing Air, approved May

25, 1990.

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) 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

14

Compounds in Drinking Water,” EPA, EMSL, EPA-

600/4—88/039 (Dec. 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.

“Test Methods for Evaluating Solid Wastes,

Physical/Chemical Methods,” EPA Publication No.

SW-846 (Third Edition, 1986, as amended by

Revision I (December 1987), Doc. No. PB 89—148076.

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 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 761.120 (1993).

c)  This Section incorporates no later editions or

amendments.

Section 732.105  

Agency Authority to Initiate Investigative,

Preventive or Corrective Action

a)  THE AGENCY HAS THE AUTHORITY TO DO EITHER OF THE

FOLLOWING:

1)  PROVIDE NOTICE TO THE OWNER OR OPERATOR, OR BOTH,

OF AN UNDERGROUND STORAGE TANK WHENEVER THERE IS A

RELEASE OR SUBSTANTIAL THREAT OF A RELEASE OF

PETROLEUM FROM SUCH TANK. SUCH NOTICE SHALL

INCLUDE THE IDENTIFIED INVESTIGATION OR RESPONSE

ACTION AND AN OPPORTUNITY FOR THE OWNER OR

OPERATOR, OR BOTH, TO PERFORM THE RESPONSE ACTION.

2)  UNDERTAKE INVESTIGATIVE, PREVENTIVE OR CORRECTIVE

ACTION WHENEVER THERE IS A RELEASE OR A

SUBSTANTIAL THREAT OF A RELEASE OF PETROLEUM FROM

AN UNDERGROUND STORAGE TANK. (Section 57.12(c) of

15

the Act).

b)  IF NOTICE HAS BEEN PROVIDED UNDER THIS SECTION, THE

AGENCY HAS THE AUThORITY TO REQUIRE THE OWNER OR

OPERATOR, OR BOTH, OF AN UNDERGROUND STORAGE TANK TO

UNDERTAKE PREVENTIVE OR CORRECTIVE ACTION WHENEVER

THERE IS A RELEASE OR SUBSTANTIAL THREAT OF A RELEASE

OF PETROLEUM FROM SUCH TANK. (Section 57.12(d) of the

Act).

SUBPART B: EARLY ACTION

Section 732.200  

General

OWNERS AND OPERATORS OF UNDERGROUND STORAGE TANKS SHALL, IN

RESPONSE TO ALL CONFIRMED RELEASES of petroleum, COMPLY WITH ALL

APPLICABLE STATUTORY AND REGULATORY REPORTING AND RESPONSE

REQUIREMENTS. (Section 57.6(a) of the Act). No work plan shall

be required for conducting early action activities.

Section 732.201  Agency Authority to Initiate

Pursuant to Sections 732.100 or 732.105 of this Part, the Agency

shall have the authority to require or initiate early action

activities in accordance with the remainder of this Subpart B.

Section 732.202  

Early Action

a)  Upon confirmation of a release of petroleum from a UST

system in accordance with regulations promulgated by

the OSFN, the owner or operator, or both, shall perform

the following initial response actions within 24 hours

of 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)  Upon 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

16

into the environment;

2)  Visually inspect any aboveground releases or

exposed belowground 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.

Within 20 days after confirmation of a release of

petroleum from a UST system in accordance with

regulations promulgated by the OS?)!, owners or

operators shall submit a report to the Agency

summarizing the initial abatement steps taken under

subsection (b) above and any resulting information or

data. The report shall be submitted on forms

prescribed by the Agency or in a similar format

containing the same information.

d)  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

17

subsections 732.202(a) and (b) above. This information

must 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, subsurface soil conditions, locations of

subsurface sewers, climatological conditions and

land use;

3)  Results of the site check required at subsection

732.202(b) (5);

4)  Results of the free product investigations

required at subsection 732.202(b) (6), 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) above in a

manner that demonstrates its applicability and

technical adequacy. The information shall be submitted

on forms prescribed by the Agency or in a similar

format containing the same information.

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 REPAIR OR ABANDON THE UNDERGROUND STORAGE

TANK IN PLACE, I~NACCORDANCE WITH THE REGULATIONS

PROMULGATED BY THE OFFICE OF THE STATE FIRE MARSHAL.

THE OWNER

MAY REMOVE 

VISIBLY CONTAMINATED FILL MATERIAL

AND ANY GROUNDWATER IN THE EXCAVATION WHICH EXHIBITS A

SHEEN. (Section 57.6(b) of the Act).

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. See Subpart F

of this Part.

Section 732.203  

Free Product Removal

At sites where investigations under Section 732.202(b) (6) above

indicate the

presence of free product, owners or operators shall

remove free product to the maximum extent practicable while

18

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)  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)  Use abatement of free product migration as a minimum

objective for the design of the free product removal

system;

c)  Handle any flammable products in a safe and competent

manner to prevent fires or explosions; and

d)  Within 45 days after the confirmation of a release of

petroleum from an UST in accordance with regulations

promulgated by the OSFN, prepare and submit to the

Agency a free product removal report on forms

prescribed by

the Agency or in a similar format

containing the same

information. The report shall, at

a minimum, provide the following:

1)  The name of the persons responsible for

implementing the free product removal measures;

2)  The estimated quantity, type and thickness of free

product observed or measured in wells, boreholes

and excavations;

3)  The type of free product recovery system used;

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

off-site during the recovery operation and where

this discharge will be located;

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

quality expected from, any discharge;

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

obtain necessary permits for any discharge; and

7)  The disposition of the recovered free product.

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

19

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 an itemized

accounting 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. A subsequent application for payment satisfying the

requirements of Subpart F will be required before payment can be

approved.

SUBPART C: SITE EVALUATION AND CLASSIFICATION

Section 732.300  

General

a)  Except as provided in subsection (b) below, 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)  Owners or operators of sites subject to this Part may

choose to remediate all soil and groundwater

contamination without conducting site classification

activities pursuant to this Subpart C. Upon completion

of the remediation activities, owners or operators

choosing full remediation without site classification

shall submit a corrective action completion report to

the Agency. The report shall demonstrate that soil and

groundwater have been cleaned to the levels required at

Section 732.408 of this Part. Upon approval of the

corrective action completion report by the Agency or by

operation of law in accordance with Subpart E, a “No

Further Remediation” letter shall be issued by the

Agency.

BOARD NOTE: Owners or operators proceeding under subsection

(b) above are advised that they may not be entitled to full

payment or reimbursement. See Subpart F of this Part.

Section 732.301  

Agency Authority to Initiate

Pursuant to Sections 732.100 or 732.105 of this Part, the Agency

shall have the authority to require or initiate corrective

action activities in accordance with the remainder of this

Subpart C.

20

Section 732.302  

“No Further Action” Sites

a)  Sites shall be classified as “No Further Action” if all

of the following criteria are satisfied:

1)  The physical soil classification procedure

confirms either of the following:

A)  “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 completing 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 human health or human safety or may cause

explosions in basements, crawl spaces, utility

conduits, storm or sanitary sewers, vaults or

other confined spaces, or may otherwise cause

property damage;

4)  There is no designated Class III special resource

groundwater within 200 feet of the site; 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

21

as a result of a release of petroleum.

b)  No groundwater investigation pursuant to Section

732.307(j) shall be required to demonstrate that a site

meets the criteria of a “No Further Action” site.

Section 732.303  

“Low Priority” Sites

Sites shall be classified as “Low Priority” if all of the

following criteria are met:

a)  The physical soil classification and groundwater

investigation procedures confirm the following:

1)  The groundwater quality standard or groundwater

objective for any applicable indicator contaminant

has not been exceeded at the property boundary

line or 200 feet from the UST system, whichever is

less; and

2)  “Berg Circular”

A) The site is located in an area designated Al,

A2, A3, A4, A5, AX, Bi, B2, BX, Cl, C2, C3,

C4, or CS 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

B)  The site’s actual physical soil conditions

are verified as consistent with those

designated Al, A2, A3, A4, A5, AX, Bi, B2,

BX, Cl, C2, C3, C4, or CS on the Illinois

State Geological Survey Circular (1984)

entitled, “Potential for Contamination of

Shallow Aquifers in Illinois”; or

3)  The site soil characteristics do not satisfy the

criteria of Section 732.307(d) (3) of this Part;

b)  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;

c)  After completing early action measures in accordance

with Subpart B of this Part, there is no evidence that,

through natural or man—made pathways, migration of

petroleum or vapors threaten human health or human

safety or may cause explosions in basements, crawl

spaces, utility conduits, storm or sanitary sewers,

22

vaults or other confined spaces, or may otherwise cause

property damage;

d) There is no designated Class III special resource

groundwater within 200 feet of the site; and

e)  After completing early action measures in accordance

with Subpart B of this Part, there are no surface

bodies of water adversely affected by the presence of a

visible sheen or free product layer as a result of the

release of petroleum.

Section 732.304  

“High Priority” Sites

Sites shall be classified as “High Priority” if any of the

following are met:

a)  The physical soil classification and groundwater

investigation procedures confirm the following:

1)  The groundwater quality standard or groundwater

objective for any applicable indicator contaminant

has been exceeded at the property boundary line or

200 feet from the UST system, whichever is less;

and

2)  “Berg Circular”

1)  The site is located in an area designated Al,

A2, A3, A4, A5, AX, Bi, B2, BX, Cl, C2, C3,

C4, or CS 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 Al, A2, A3, A4, AS, AX, Bi, B2,

BX, Cl, C2, C3, C4, or CS on the Illinois

State Geological Survey Circular (1984)

entitled, “Potential for Contamination of

Shallow Aquifers in Illinois”; or

3)  The site soil characteristics do not satisfy the

criteria of Section 732.307(d) (3) of this Part;

b)  The UST system is within the minimum or maximum setback

zone of a potable water supply well or regulated

recharge area of a potable water supply well;

c)  After completing early action measures in accordance

23

with Subpart B of this Part, there is evidence that,

through natural or man-made pathways, migration of

petroleum or vapors threaten human health or human

safety or may cause explosions in basements, crawl

spaces, utility conduits, storm or sanitary sewers,

vaults or other confined spaces, or may otherwise cause

property damage;

d)  There is designated Class III special resource

groundwater within 200 feet of the site; or

e)  After completing early action measures in accordance

with Subpart B of this Part, a surface body of water is

adversely affected by the presence of a visible sheen

or free product layer as a result of a release of

petroleum.

Section 732.305  

Plan Submittal and Review

a)  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/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

Sections 732.302, 732.303 or 732.304 of this Part.

Site classification plans shall be submitted on forms

prescribed by the Agency or in a similar format

containing the same information.

b)  In addition to the plan required in subsection (a)

above 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) below; and

2)  A site classification budget plan, which shall

include, but not be limited to, a copy of the

eligibility and deductibility determination of the

OSFM and an itemized accounting 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 an itemized accounting of the

24

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

plans shall be submitted on forms prescribed by

the Agency or in a similar format containing the

same information.

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) above, an owner

or operator may proceed to conduct site evaluation

activities in accordance with this Subpart C prior to

the submittal or approval or an otherwise required site

classification plan (including physical soil

classification and groundwater investigation plans 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, 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.

Section 732.306  

Deferred Site Classification; Priority List

a)  NOTWITHSTANDING ANY OTHER PROVISION OR RULE OF LAW WITH

THE EXCEPTION OF THE early action requirements of

Subpart B of this Part, THE OWNER OR OPERATOR WHO HAS

SUBMITTED ANY budget PLAN PURSUANT TO this Part AND WHO

IS ELIGIBLE FOR PAYMENT FROM THE UNDERGROUND STORAGE

TANK FUND SHALL BE ELIGIBLE TO ELECT TO COMMENCE Bite

classification UPON THE AVAILABILITY OF FUNDS. SUCH

ELECTION SHALL BE MADE IN WRITING TO THE AGENCY WITHIN

30 DAYS OF RECEIPT OF AGENCY APPROVAL OF A budget PLAN.

THE AGENCY SHALL PROVIDE NOTICE TO THE OWNER OR

25

OPERATOR AT SUCH TIME AS IT APPROVES THE budget PLAN

WHETHER SUFFICIENT RESOURCES ARE AVAILABLE IN ORDER TO

IMMEDIATELY COMMENCE THE APPROVED MEASURES. (Section

57.8(b) of the Act)

1)  Approvals of budget plans shall be pursuant to

Agency review or by operation of law 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 for approved budget plans and

shall provide notice to owners or operators of the

availability of funds in accordance with Section

732.503(h). Funds shall not be deemed available

for owners or operators electing to defer site

classification so long as there are owners or

operators on the priority list established

pursuant to Section 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 site classification

until funds are available, the Agency shall place

the site on a priority list for notification of

availability of sufficient funds. Sites shall

enter the priority list based solely on the date

the Agency receives the written notification 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 or operator’s site. After

such notification the owner or operator shall

commence site classification activities.

5)  Authorization of payment of encumbered funds for

deferred site classification activities shall be

approved in accordance with the requirements of

Subpart F of this Part.

6)  The priority list for notification of availability

of sufficient funds shall be the same as that used

26

for deferred corrective action pursuant to Section

732.406 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)  SHOULD THE AGENCY OR OWNER OR OPERATOR DETERMINE A

THREAT TO HUMAN HEALTH AND/OR THE ENVIRONMENT REQUIRES

IMMEDIATE ACTION, INCLUDING THE EXISTENCE OF PETROLEUM

OR VAPORS WHICH THREATEN HUMAN HEALTH OR HUMAN SAFETY

OR MAY CAUSE EXPLOSIONS IN BASEMENTS, CRAWL SPACES,

UTILITY CONDUITS, STORM OR SANITARY SEWERS, VAULTS OR

OTHER CONFINED SPACES, OR MAY OTHERWISE CAUSE

ADDITIONAL PROPERTY DAMAGE, THE ELECTION TO COMMENCE

site classification UPON THE AVAILABILITY OF FUNDS

SHALL NOT BE AVAILABLE. THE AGENCY SHALL NOTIFY THE

OWNER OR OPERATOR BY CERTIFIED MAIL THAT A SITUATION

EXISTS THAT WOULD PRECLUDE THE OWNER OR OPERATOR FROM

COMMENCING site classification UPON THE AVAILABILITY OF

FUNDS. SUCH ACTION BY THE AGENCY SHALL NOT BE SUBJECT

TO APPEAL. (Section 57.8(b) of the Act)

An owner or operator may withdraw the election to

commence site classification activities 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

site classification in accordance with the requirements

of this Part.

Section 732.307  

Site Evaluation

a)  Except as provided in Section 732.300(b), 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 lENA 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. The results of the site evaluation shall

provide the basis for determining the site

classification. The site classification shall be

certified as required by the supervising Licensed

Professional Engineer.

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

Professional Engineer shall conduct a physical sail

classification in accordance with the procedures at

subsections 

(C)

or (d) below. Except as provided in

subsection (e) below, all elements of the chosen method

27

of physical soil classification must be completed for

each site. In addition to the requirement for a

physical soil classification, the Licensed Professional

Engineer shall, at a minimum, complete the requirements

at subsections (f) through (i) below before classifying

a site as “No Further Action.”

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.

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) below.

If bedrock is encountered or auger refusal

occurs, the Licensed Professional Engineer

shall certify that the conditions that

prevented the full boring are 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.

Location shall be chosen to limit to the

greatest extent possible the vertical

28

migration of contamination.

E)  Soil borings shall be continuously sampled.

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.

2)  Soil Properties

The following tests shall be performed on a

representative sample of each stratigraphic unit

encountered at the site:

A)  A soil particle analysis using the test

methods specified in ASTM (American Society

for Testing and Materials) Standards D 422—63

or D 1140-54, “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 urn)

Sieve,” incorporated by reference in Section

732.104 of this Part;

B)  A soil moisture content analysis using the

test methods specified in ASTM Standards D

2216-90 or D 4643—87, “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;

C)  A soil classification using the test methods

specified in ASTM Standards D 2487-90 or D

2488-90, “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;

and

D)  Unconfined compression strength shall be

determined in tons per square foot by using a

hand penetrometer.

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.

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

granular soils 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 Perineameter,” incorporated

by reference in Section 732.104 of this

Part;

ii) 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.

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

30

732.104 of this Part, the site classification

shall be determined using the actual site geologi

characteristics.

d)  Method Two for Physical Soil Classification:

1)  Soil Borings

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

includes at least the first 15 feet of native

material below the invert elevation of the

UST.

B)  This boring shall meet the requirements of

subsections (c) (1) (C) through (c) (1) (G)

above.

2)  Soil Properties

The following tests shall be performed on a

representative sample of each stratigraphic unit

encountered in the native soil boring:

A) A soil particle analysis satisfying the

requirements of subsection (c) (2) (A) above;

B)  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 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; and

C)  Hydraulic conductivity shall be determined in

accordance with subsection (c) (3) above.

3)  The results of the boring(s) and tests described

in subsections (d) (1) and (d) (2) above shall be

used to demonstrate whether the first 15 feet of

native material below the invert elevation of the

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

31

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 D

2488-90, “Standard Practice for Description

and Identification of Soils (Visual—Manual

Procedure),” incorporated by reference at

Section 732.104 of this Part);

B)  Does not contain sandstone that is 10 feet or

more in thickness, or fractured carbonate

that is 15 feet or more in thickness; and

C)  Is not capable of:

i)  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; or

ii) Hydraulic conductivity of 1 x 10 -4

cm/sec or greater.

e)  If, during the completion of the requirements of

subsections (c) or (d) above, a Licensed Professional

Engineer determines that the site geology is not

consistent with areas 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

subsections 

(C)

or (d) may be suspended, provided that

the soil investigation has been su~fficient to satisfy

the requirements of subsection (g) below. If

activities are suspended under this subsection (e), the

Licensed Professional Engineer shall complete the

requirements of subsections (f) through (j) below in

order to determine whether the site is “High Priority”

or “Low Priority.” The site conditions upon which the

suspension of the requirements of subsections 

(C)

or

(b) above is based shall be documented in the site

classification completion report.

f)  Survey of Water Supply Wells

1)  The Licensed Professional Engineer 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

32

not be limited to, contacting the Illinois State

Geological Survey and the Illinois State Water

Survey. The local unit of 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 shall provide a

map to scale showing the locations of all

community water supply wells and all potable water

supply wells identified pursuant to subsection

(f)(1) above. Radii of 200, 400 and 1000 feet

from the UST system shall be marked on the map.

3)  The Licensed Professional Engineer 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) above 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 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 may potentially threaten human

health or human safety or may cause explosions in

basements, crawl spaces, utility conduits, storm

or sanitary sewers, vaults or other confined

spaces, or otherwise cause property damage.

2)  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, 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.

3)  If the Licensed Professional Engineer certifies

that there is no evidence that, through natural or

manmade pathways, migration of petroleum or vapors

threaten human health or human safety or may cause

explosions in basements, crawl spaces, utility

conduits, storm or sanitary sewers, vaults or

other confined spaces, or may otherwise cause

property damage, the Licensed Professional

Engineer’s certification to that effect shall be

presumed correct unless the Agency’s review

reveals objective evidence to the contrary.

h) The Licensed Professional Engineer shall review the

Board’s inventory of designated Class III groundwater

to determine if Class III groundwater exists within 200

feet of the UST excavation.

1)  The Licensed Professional Engineer 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 lIST system.

j)  Groundwater Investigation

1)  For any site that fails to satisfy the

requirements for a “No Further Action” site

classification, the Licensed Professional Engineer

shall perform a groundwater investigation in

accordance with this subsection (j) to determine

whether an applicable indicator contaminant

groundwater quality standard has been exceeded at

the property boundary or 200 feet from the

excavation, whichever is less, as a result of the

UST release of petroleum.

2)  Applicable indicator contaminants and groundwater

quality standards shall be those identified

34

pursuant to Sections 732.310 and 732.311 of this

Part.

3)  A minimum of four groundwater monitoring wells

shall be installed at the property boundary or 200

feet from the UST system, whichever is less. 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 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, which 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

35

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.

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 or diagrams using a

similar format and containing the same information

shall be completed for each monitoring well.

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

36

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 of

Appendix B 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.

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); and

iv) Chain of custody and control.

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 by the Agency or in a similar format

containing the same information.

1)  Soil boring logs shall contain the following

information at a minimum:

A) Sampling device, sample distance 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);

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;

and

C)  Unified Soil Classification System (USCS)

soil classification group symbol in

accordance with ASTM Standard D 2487—90,

“Standard Test Method for Classification of

Soils for Engineering Purposes,” incorporated

by reference in Section 732.104 of this Part.

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.

Section 732.309  

Site Classification Completion Report

a)  Within 30 days of the completion of a site evaluation

in accordance with Section 732.307, 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, 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 by the Agency or

in a similar format containing the same information,

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.

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.

Section 732.310  

Indicator Contaminants

a)  For purposes of this Part, the term “indicator

contaminants” shall mean the parameters listed in

subsections (b) through (g) below. For petroleum

products not listed below, the Agency shall determine

indicator contaminants on a site by site basis.

b)  For gasoline, including but not limited to leaded,

unleaded, premium and gasohol, the indicator

contaminants shall be benzene and BETX (the sum of

benzene, ethylbenzene, toluene and total xylenes). For

leaded gasoline, lead shall also be an indicator

contaminant.

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, BETX and the polynuclear aromatics listed in

39

Appendix A. For leaded aviation turbine fuels, lead

shall also be an indicator contaminant.

d)  For transformer oils the indicator contaminants shall

be benzene, BETX, the polynuclear aromatics listed in

Appendix B and the polychlorinated biphenyl parameters

listed in Appendix B.

e)  For hydraulic fluids the indicator contaminants shall

be benzene, BETX, 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

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. Adin. 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 (a) above that

exceed their cleanup objective at Appendix B or as

determined by the Agency.

3)  If none of the parameters exceed their cleanup

objective, the used oil indicator contaminants

shall be benzene, BETX and the polynuclear

aroinatics listed in Appendix B.

Section 732.311  

Groundwater Quality Standards for Indicator

Contaminants

For purposes of this Part, indicator contaminant groundwater

quality standards shall be the groundwater objectives specified

in Appendix B for the applicable indicator contaminants, except

for mixtures and degradation products as provided in Section

732.310 of this Part.

SUBPART D: CORRECTIVE ACTION

Section 732.400  

General

a)  Following approval of the site evaluation and

classification by the Agency or by operation of law

pursuant to Subpart C of this Part and except as

provided in subsection (b) below, the owner or operator

of a UST system subject to the requirements of this

Part shall develop and submit a corrective action plan

and perform corrective action activities in accordance

with the procedures and requirements contained in this

Subpart D.

b)  Owners or operators of sites classified in accordance

with the requirements of Subpart C as “No Further

Action” or “Low Priority” may choose to remediate all

soil and groundwater contamination. Any owner or

operator choosing full remediation shall so notify the

Agency in writing prior to conducting remediation

activities. A corrective action plan shall be

developed and submitted to the Agency for review in

accordance with Subpart E of this Part. Upon

completion of the remediation activities, owners or

operators choosing full remediation shall submit a

corrective action completion report to the Agency. The

corrective action completion report shall demonstrate

that soil and groundwater have been cleaned to the

levels required by Section 732.408 of this Part. Upon

approval of the corrective action completion report by

the Agency or by operation of law in accordance with

Subpart E, a “No Further Remediation” letter shall be

issued by the Agency.

BOARD NOTE: Owners or operators proceeding under subsection

(b) above are advised that they may not be entitled to full

payment or reimbursement. See Subpart F of this Part.

Section 732.401  

Agency Authority to Initiate

Pursuant to Sections 732.100 or 732.105 of this Part, the Agency

shall have the authority to require or initiate corrective action

activities

in accordance with the remainder of this Subpart D.

41

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 or by operation of law shall have

no additional remediation responsibilities beyond those performed

pursuant to Subparts B or C of this Part. Unless the Agency

takes action to reject or modify the site classification

completion report pursuant to Section 732.309, the Agency shall

issue to the owner or operator within 120 days of the receipt of

a complete report a “No Further Remediation” letter in accordance

with Section 732.410.

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 or by

operation of law shall develop a groundwater monitoring

plan and perform groundwater monitoring in accordance

with the requirements of this Section.

b)  The owner or operator of a site certified as “Low

Priority” by a Licensed Professional Engineer and

approved as such by the Agency or by operation of law

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;

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;

3)  Groundwater monitoring wells shall satisfy the

requirements at Sections 732.307(j) (3) and

732.307(j) (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.

42

5)  To determine whether groundwater quality standard~

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.

Prior to the implementation of groundwater monitoring,

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 an itemized accounting 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 by the Agency or in a similar format

containing the same information.

d)  Groundwater analysis results obtained pursuant to

subsection (b) above shall be submitted to the Agency

within 30 days of the end of each annual sampling

period on forms prescribed by the Agency or in a

similar format containing the same information.

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 of 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

43

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 Section 732.410 upon approval of the

report by the Agency or by operation of law.

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 within 60 days of the

receipt of an annual groundwater sampling report, a

groundwater monitoring completion report, or a

notification by the owner or operator pursuant to

subsection (d) (2) above. 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.

h)  The owner or operator of a “Low Priority” site

reclassified to “High Priority” pursuant to subsection

(g) above 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 of 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 of receiving the

notice of reclassification.

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 or by

operation of law shall develop a corrective action plan

and perform corrective action in accordance with the

requirements of this Section.

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 by operation of law

or reclassified as “High Priority” by the Agency

pursuant to Section 732.403(g) shall develop a

44

corrective action plan based on site conditions and

designed to achieve the following:

1)  Provide that, after complete performance of the

corrective action plan, 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;

2)  Provide that, after 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;

3)  Remediate 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 or to otherwise damage

property;

4) Rexaediate

threats to potable water supplies; and

5)  Remediate threats to bodies of surface water.

c)  Groundwater and soil remediation objectives shall be

determined in accordance with Section 732.408 of this

Part. Groundwater monitoring wells shall satisfy the

requirements of Sections 732.307(j) (3) and

732.307(j) (4) of this Part.

d)  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

45

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.

e)  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 an itemized accounting 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 by the Agency or in a similar format

containing the same information.

f)  Within 30 days of 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.

g)  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 Section 732.410 upon approval by the

Agency or by operation of law.

Section 732.405  

Plan Submittal and Review

a)  Prior to conducting any corrective action activities

pursuant to this Subpart D, 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 Sections 732.403 or 732.404

of this Part, as applicable. Groundwater monitoring

and corrective action plans shall be submitted on forms

prescribed by the Agency or in a similar format

containing the same information.

b)  In addition to the plans required in subsection (a)

above 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

46

eligibility and deductibility determination of the OSF~

and an itemized accounting of all costs associated wits

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 by

the Agency or in a similar format containing the same

information.

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) above 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

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 Subpart E of this Part

prior to payment or reimbursement for any related costs

or the issuance of a “No Further Remediation” letter.

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.

Section 732.406  

Deferred Corrective Action; Priority List

a)  NOTWITHSTANDING ANY OTHER PROVISION OR RULE OF LAW WITH

THE EXCEPTION OF THE early action requirements of

Subpart B of this Part, THE OWNER OR OPERATOR WHO HAS

SUBMITTED ANY budget PLAN PURSUANT TO this Part AND WHO

IS ELIGIBLE FOR PAYMENT FROM THE UNDERGROUND STORAGE

TANK FUND SHALL BE ELIGIBLE TO ELECT TO COMMENCE

CORRECTIVE ACTION UPON THE AVAILABILITY OF FUNDS. SUCH

ELECTION SHALL BE MADE IN WRITING TO THE AGENCY WITHIN

47

30 DAYS OF RECEIPT OF AGENCY APPROVAL OF A budget PLAN.

THE AGENCY SHALL PROVIDE NOTICE TO THE OWNER OR

OPERATOR AT SUCH TIME AS IT APPROVES THE budget PLAN

WHETHER SUFFICIENT RESOURCES ARE AVAILABLE IN ORDER TO

IMMEDIATELY COMMENCE THE APPROVED MEASURES. (Section

57.8(b) of the Act)

1)  Approvals of budget plans shall be pursuant to

Agency review or by operation of law 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 for approved budget plans and

shall provide notice to owners or operators of the

availability of funds in accordance with Section

732

503 (h). 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 Section 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 notification of

availability of sufficient funds. Sites shall

enter the priority list and move up based solely

on the date the Agency receives the written

notification 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 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.

48

6)  The priority list for notification of availability

of sufficient funds shall be the same as that used

for deferred site classification pursuant to

Section 732.306 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) SHOULD THE AGENCY OR OWNER OR OPERATOR DETERMINE A

THREAT TO HUMAN HEALTH AND/OR THE ENVIRONMENT REQUIRES

IMMEDIATE ACTION, INCLUDING THE EXISTENCE OF PETROLEUM

OR VAPORS WHICH THREATEN HUMAN HEALTH OR HUMAN SAFETY

OR MAY CAUSE EXPLOSIONS IN BASEMENTS, CRAWL SPACES,

UTILITY CONDUITS, STORM OR SANITARY SEWERS, VAULTS OR

OTHER CONFINED SPACES, OR MAY OTHERWISE CAUSE

ADDITIONAL PROPERTY DAMAGE, THE ELECTION TO COMMENCE

CORRECTIVE ACTION UPON THE AVAILABILITY OF FUNDS SHALL

NOT BE AVAILABLE. THE AGENCY SMALL NOTIFY THE OWNER OR

OPERATOR BY CERTIFIED MAIL THAT A SITUATION EXISTS THAT

WOULD PRECLUDE THE OWNER OR OPERATOR FROM 

COMMENCING

CORRECTIVE ACTION UPON THE AVAILABILITY OF FUNDS. SUCH

ACTION BY THE AGENCY SHALL NOT BE SUBJECT TO APPEAL.

(Section 57.8(b) of the Act)

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.

Section 732.407  

Alternative Technologies

a)  An owner or operator may choose to use an alternative

technology for corrective action in response to a

release of petroleum at a “High Priority” site.

Corrective action plans proposing the use of

alternative technologies shall be submitted to the

Agency in accordance with Section 732.405 of this Part.

In addition to the requirements for corrective action

plans contained in Section 732.404, the owner or

operator who seeks approval of an alternative

technology shall submit documentation along with the

corrective action plan demonstrating that:

1)  The proposed alternative technology has a

substantial likelihood of successfully achieving

compliance with all applicable regulations and all

corrective action remediation objectives necessary

49

to comply with the Act and regulations and to

protect human health or the environment;

2)  The proposed alternative technology will not

adversely affect human health or the environment;

3)  The owner or operator will obtain all Agency

permits necessary to legally authorize use of the

alternative technology;

4)  The owner or operator will implement a program to

monitor whether the requirements of subsection

(a) (1) above have been met; and

5)  Within one year from the date of Agency approval

the owner or operator will provide to the Agency

monitoring program results establishing whether

the proposed alternative technology will

successfully achieve compliance with the

requirements of subsection (a) (1) above and any

other applicable regulations.

b)  An owner or operator intending to seek payment or

reimbursement for costs associated with the use of an

alternative technology shall submit a corresponding

budget plan in accordance with Section 732.405 of this

Part. In addition to the requirements for corrective

action budget plans at Section 732.404 of this Part,

the budget plan must demonstrate that the cost of the

alternative technology will not exceed the cost of

conventional technology.

If an owner or operator has received approval of a

corrective action plan and associated budget plan from

the Agency or by operation of law prior to implementing

the plan and the alternative technology fails to

satisfy the requirements of subsections (a) (1) or

(a) (2) above, such failure shall not make the owner or

operator ineligible to seek payment or reimbursement

for the activities associated with the subsequent

performance of a corrective action using conventional

technology. However, in no case shall the total

payment or reimbursement for the site exceed the

statutory maximums. Owners or operators implementing

alternative technologies without obtaining pre-approval

shall be ineligible to seek payment or reimbursement

for the subsequent performance of a corrective action

using conventional technology.

Section 732.408  

Corrective Action Remediation Objectives

a)  For owners or operators conducting “High Priority”

50

corrective action or corrective action pursuant to

Sections 732.300(b) or 732.400(b) of this Part, the

remediation objectives for the applicable indicator

contaminants identified pursuant to Section 732.310 of

this Part shall be the following:

b)  Groundwater remediation objectives shall be the

objectives specified in Appendix B for the applicable

indicator contaminants, except for mixtures and

degradation products as provided in Section 732.310 of

this Part.

c)  Soil remediation objectives shall be the objectives

specified in Appendix B for the applicable indicator

contaminants, except for mixtures and degradation

products as provided in Section 732.310 of this Part.

d)  An owner or operator may request that the Agency revise

soil remediation objectives based on site specific

conditions provided that the owner or operator

demonstrates to the Agency that the revised objectives

will be protective of human health and the environment.

In revising soil remediation objectives, the Agency

shall evaluate the following factors:

1)  The potential of any remaining contaminants to

pose a significant threat to human health or the

environment;

2)  Other site specific circumstances related to the

practicality of continuing with remediation; and

3)  The management of risk relative to any remaining

contamination.

Section 732.409  

Groundwater Monitoring and Corrective Action

Completion Reports

a)  Within 30 days of completing the performance of a “Low

Priority” groundwater monitoring plan or “High

Priority” corrective action 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

51

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 reinediation 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)  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;

B)  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;

C)  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, or to otherwise damage

property;

D)  The release of petroleum does not threaten

any surface water body; and

52

E)  The release of petroleum does not threaten

any potable water supply.

b)  The applicable report shall be submitted on forms

prescribed by the Agency or in a similar format

containing the same information, shall be signed by the

owner or operator, and shall be accompanied by a

certification from a Licensed Professional Engineer

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,

and that no further remediation is required at the

site.

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.

Section 732.410  

“No Further Remediation” Letters

a)  Upon approval by the Agency or by operation of law 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 from 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.

c)  If an applicable report is approved by operation of law

pursuant to Subpart E of this Part and a “no further

remediation” letter is not received from the Agency,

the legal presumptions prescribed by Section 57.10 of

the Act also shall become effective by operation of

law.

d)  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

53

stated in the notification. The denial shall be

considered a final determination appealable to the

Board in the manner provided for the review of permit

decisions in Section 40 of the Act.

SUBPART E: PLAN AND REPORT 

SELECTION

AND REVIEW PROCEDURES

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.

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;

3)  Any site—specific corrective action plan or

associated budget plan submitted pursuant to

Subpart D of this Part; or

4)  Any corrective action plan submitted pursuant to

Sections 732.300(b) or 732.400(b) 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 Subpart C of this Part;

3)  Any annual groundwater monitoring report submitted

pursuant to Subpart D of this Part; or

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 Sections

732.300(b) or 732.400(b) of this Part.

54

Section 732.501  Submittal of Plans or Reports

All plans or reports shall be made on forms prescribed by the

Agency or in a similar format containing the same information.

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.

Section 732.502  Completeness Review

a)  The Agency may review for completeness all plans

submitted pursuant to this Part 732. The completeness

review shall be sufficient to determine whether all

information and documentation required by the Agency

form for the particular plan are present. The review

shall not be used to determine the technical

sufficiency of a particular plan or of the information

or documentation submitted along with the plan.

b)  The Agency shall have 45 days from the receipt of a

plan to finish the completeness review. If the

completeness review finds that the plan is complete,

the Agency shall so notify the owner or operator in

writing and proceed, where appropriate, to approval,

rejection or modification of the substantive portions

of the plan. If the completeness review finds that the

plan is incomplete, the Agency shall notify the owner

or operator in writing. The notification shall include

an explanation of the specific type of information or

documentation that the Agency deems necessary to

complete the plan.

1)  The Agency may, to the extent consistent with

Agency deadlines, provide the owner or operator

with a reasonable opportunity to correct

deficiencies prior to a final determination on

completeness.

2)  The Agency shall mail notice of incompleteness by

registered or certified mail, post marked with a

date stamp and with return receipt requested. The

decision shall be deemed to have taken place on

the post marked date that such notice is mailed.

3)  All time limits for Agency final action on a plan

or report shall be calculated from the date the

Agency receives a complete plan or report.

c)  Any budget plan submitted must be preceded or

accompanied by an associated technical plan in order

55

for the budget plan to be deemed complete.

d)  The failure of the Agency to notify an owner or

operator within 45 days that a plan is either complete

or incomplete shall constitute approval of the plan by

operation of law.

Section 732.503  Full Review of Plans or Reports

a)  In addition to the completeness review for plans

conducted pursuant to Section 732.502, the Agency may

conduct a full review of plans or reports selected in

accordance with the requirements of Section 732.504. 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 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 as provided in subsections

(C)

and (d) below, if the Agency fails to notify the

owner or operator of its final action on a plan or

report within 120 days of the receipt of a complete

plan or report, the owner or operator may deem the plan

or report approved by operation of law. 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;

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)  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

56

732.409 of this Part.

d) An owner or operator may waive the right to a final

decision within 120 days of 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) 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)  Any action by the Agency to reject or require

modification of a plan or report shall be subject to

appeal to the Board in the manner provided for the

review of permit decisions in Section 40 of the Act.

Any owner or operator may elect to incorporate

modifications required by the Agency and shall do so by

submitting a revised plan or report within 30 days of

the receipt of the Agency’s written notification. If

no revised plan or report i~ssubmitted to the Agency or

no appeal to the Board filed within the specified time

frames, the plan or report shall be deemed approved as

modified by the Agency.

g)  Notification of Selection for Full Review

1)  Owners or operators submitting plans shall be

notified by the Agency within 30 days of the date

the plan is deemed complete whether or not the

plan has 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 or notification by the Agency that the

plan has not been selected for full review shall

constitute approval of the plan by operation of

law.

2)  Owners or operators submitting reports shall be

notified by the Agency within 30 days of the

receipt of the report whether or not the report

has 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 or

notification by the Agency that the report has not

been selected for full review shall constitute

approval of the report by operation of law.

3)  Notice shall be sent and the date of notification

shall be computed in accordance with subsection

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58

5)  “Low Priority” Groundwater Monitoring Plans

i)  A full technical review of any “Low Priority”

groundwater monitoring plan that has an

associated budget plan exceeding the typical

cost for such plans as determined by the

Agency;

ii) A full financial review of any “Low Priority”

groundwater monitoring budget plan exceeding

the typical cost for such plans as determined

by the Agency;

6)  A full technical review of any “Low Priority”

annual groundwater sampling and analysis report or

any groundwater monitoring completion report

submitted pursuant to Subpart D of this Part;

7)  A full technical review of any 20-day report, 45—

day report, or free product report submitted

pursuant to Subpart B of this Part in conjunction

with the review of another plan or report selected

in accordance with this Section.

b)  The Agency may conduct a full review of any plan or

report not selected in accordance with the provisions

of this Section if the Agency has reason to believe

that such review is necessary in conjunction with the

review of another plan or report selected for that

site.

Notwithstanding any other limitations on reviews, the

Agency may conduct a full technical review on any plan

or report identified in this Section that concerns a

site for which an investigation has been or may be

initiated pursuant to Section 732.105 of this Part.

d)  Agency decisions on whether or not to select a plan or

report for full review shall not be subject to appeal.

Section 732.505  Standards of Review for Plans and Reports

a)  A full technical review shall consist of a detailed

review of the steps proposed or completed to accomplish

the goals of the plan and to achieve compliance with

the Act and regulations. Items to be reviewed, if

applicable, shall include, but not be limited to,

number and placement of wells and borings, number and

types of samples and analysis, results of sample

analysis, and protocols to be followed in making

determinations. The overall goal of the technical

review for plans shall be to determine if the plan is

sufficient to satisfy the requirements of the Act and

regulations and has been prepared in accordance with

generally accepted engineering practices. The overall

goal of the technical review for reports shall be to

determine if the plan has been fully implemented in

accordance with generally accepted engineering

practices, if the conclusions are consistent with the

information obtained while implementing the plan, and

if the requirements of the Act and regulations have

been satisfied.

b)  If the Licensed Professional Engineer certifies that

there is no evidence that, through natural or manmade

pathways, migration of petroleum or vapors threaten

human health or human safety or may cause explosions in

basements, crawl spaces, utility conduits, storm or

sanitary sewers, vaults or other confined spaces, or

may other wise cause property damage, the Licensed

Professional Engineer’s certification to that effect

shall be presumed correct unless the Agency’s review

reveals objective evidence to the contrary.

c)  A full financial review shall consist of a detailed

review of the costs associated with each element

necessary to accomplish the goals of the plan as

required pursuant to the Act and regulations. Items to

be reviewed shall include, but not be limited to, costs

associated with any materials, activities or services

that are included in the budget plan. The overall goal

of the financial review shall be to assure that costs

associated with materials, activities and services

shall be reasonable, shall be consistent with the

associated technical plan, shall be incurred in the

performance of corrective action activities, and shall

not be used for corrective action activities in excess

of those necessary to meet the minimum requirements of

the Act and regulations.

SUBPART F: PAYMENT OR REIMBURSEMENT

Section 732.600  

General

The Agency shall have the authority to review any application for

payment or reimbursement and to authorize payment or

reimbursement from the Fund or such other funds as the

legislature directs for corrective action activities conducted

pursuant to the Act and this Part 732. For purposes of this Part

and unless otherwise provided, the use of the word “payment”

shall include reimbursement. The submittal and review of

applications for payment and the authorization for payment shall

be in accordance with the procedures set forth in the Act and

this Subpart F.

60

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 by the Agency or in a similar

format containing the same information. 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 has been in accordance

with a technical plan approved by the Agency or by

operation of law or, for early action activities,

in accordance with Subpart B;

2)  A statement of the amount approved in the

corresponding budget plan and the amount actually

sought for payment along with a certified

statement by the owner or operator that the amount

so sought has been expended in conformance with

the elements of a budget plan approved by the

Agency or by operation of law;

3)  A copy of the OSFM 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.

c)  Applications for payment 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.

61

d)  Applications for partial or final payment may be

submitted no more frequently than once every 90 days.

e)  Except for applications for payment for costs of early

action conducted pursuant to Subpart B 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.

f)  In no case shall the Agency authorize payment to an

owner or operator in an amount greater than the amount

approved by the Agency or by operation of law 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 Sections 732.305(e) or 732.405(e) of

this Part.

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.

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)  To determine whether an application for payment

filed pursuant to Section 732.601 of this Part 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 exist:

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

62

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.

When conducting a full review of any application for

payment, the Agency may require the owner or operator

to submit documentation, receipts and invoices

supporting all claims as provided in subsection (d)

below.

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 pursuant to subsection (b) (1) above, which line

items, if any, are ineligible for payment pursuant to

subsections (b) (2) or (b) (3) above, and whether there

is sufficient documentation to demonstrate that line

items have been completed in accordance with a plan

approved by the Agency or by operation of law. 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) below, if the

Agency fails to notify the owner or operator of its

final action on an application for payment within 120

days of the receipt of a complete application for

payment, the owner or operator may deem the application

for payment 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;

63

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 of 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.

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 in the manner provided for the review of permit

decisions in Section 40 of the Act. Any owner or

operator may elect to incorporate modifications

required by the Agency and shall do so by submitting a

revised application for payment within 30 days of 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 filed within the

specified timeframes, the application for payment shall

be deemed approved as modified by the Agency and

payment shall be authorized in the amount approved.

Section 732.603  Authorization for Payment; Priority List

a)  Within 60 days of notification of 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 subsections 

(C)

or (d)

below 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 from 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

64

funds are available to issue payment.

b)  Any deductible, as determined by the OSFM, shall be

subtracted from any amount approved for payment by the

Agency or by operation of law.

c)  For owners or operators who have deferred site

classification or corrective action in accordance with

Sections 732.306 or 732.406 of this Part, payment shall

be authorized from funds encumbered pursuant to

Sections 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)  For owners or operators not electing to defer site

classification or corrective action in accordance with

Sections 732.306 or 732.406 of this Part, the Agency

shall form a priority list for the issuance of vouchers

pursuant to subsection (a) above.

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)

below, 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) above. The assigned date shall be the only

factor determining the priority for payment for

those applications approved for payment.

Section 732.604  

Limitations on Total Payments

a)  Limitations per occurrence:

1)  THE AGENCY SHALL NOT 

APPROVE

ANY PAYMENT FROM THE

FUND TO PAY AN OWNER OR OPERATOR FOR COSTS OF

CORRECTIVE ACTION INCURRED BY SUCH OWNER OR

OPERATOR IN AN AMOUNT IN EXCESS OF 1,000,000 PER

OCCURRENCE. (Section 57.8(g) of the Act)

2)  THE AGENCY SHALL NOT APPROVE ANY PAYMENT FROM THE

FUND TO PAY AN OWNER OR OPERATOR FOR COSTS OF

INDEMNIFICATION OF SUCH OWNER OR OPERATOR IN AN

AMOUNT IN EXCESS OF 1,000,000 PER OCCURRENCE.

(Section 57.8(g) of the Act)

65

b)  Aggregate limitations:

1)  NOTWITHSTANDING ANY OTHER PROVISION OF THIS Part

732, THE AGENCY SHALL NOT APPROVE PAYMENT TO AN

OWNER OR OPERATOR FROM THE FUND FOR COSTS OF

CORRECTIVE ACTION OR INDEMNIFICATION INCURRED

DURING A CALENDAR YEAR IN EXCESS OF THE FOLLOWING

AMOUNTS BASED ON THE NUMBER OF PETROLEUM

UNDERGROUND STORAGE TANKS OWNED OR OPERATED BY

SUCH OWNER OR OPERATOR IN ILLINOIS:

AMOUNT       

NUMBER OF TANKS

$1,200,000       

FEWER THAN 101

$2,000,000       

101 OR MORE

2)  COSTS INCURRED IN EXCESS OF THE AGGREGATE AMOUNTS

SET FORTH IN subsection (b) (1) above SHALL NOT BE

ELIGIBLE FOR PAYMENT IN SUBSEQUENT YEARS.

(Section 57.8(d) of the Act)

FOR PURPOSES OF THIS Section, REQUESTS SUBMITTED BY ANY

OF THE AGENCIES, DEPARTMENTS, BOARDS, COMMITTEES OR

COMMISSIONS OF THE STATE OF ILLINOIS SHALL BE ACTED

UPON AS CLAIMS FROM A SINGLE OWNER OR OPERATOR.

(Section 57.8(d) of the Act)

d)  FOR PURPOSES OF THIS Section, OWNER OR OPERATOR

INCLUDES 

(i)

ANY SUBSIDIARY, PARENT, OR JOINT STOCK

COMPANY OF THE OWNER OR OPERATOR AND (ii) ANY COMPANY

OWNED BY ANY PARENT, SUBSIDIARY, OR JOINT STOCK COMPANY

OF THE OWNER OR OPERATOR. (Section 57.8(d) of the Act)

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;

5)  Laboratory services necessary to determine site

66

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 lENA

was notified prior to its removal;

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 their agent;

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;

17) Costs for destruction and replacement of concrete,

asphalt and paving to the extent necessary to

conduct corrective action and if the destruction

and repla~einenthas been certified as necessary to

the performance of corrective action by a Licensed

Professional Engineer;

18) The destruction or dismantling and reassembly of

67

above grade structures in response to a release of

petroleum if such activity has been certified as

necessary to the performance of corrective action

by a Licensed Professional Engineer. For purposes

of this subsection, destruction, dismantling or

reassembly of above grade structures do 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

itemized accounting of costs associated with

activities, materials or services not identified 

subsection (a) above if the owner or operator submits

detailed information demonstrating that the activities,

materials or services not identified in subsection (a)

above are essential

to the completion of the minimum

corrective action requirements of the Act and this Part

732.

Section 732.606  

Ineligible Costs

Costs ineligible for payment from the Fund include but are not

limited to:

a)  Costs for the removal of more than four feet of fill

material from the outside dimensions of the UST during

early action activities conducted pursuant to Section

732.202(f);

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 their

agent, 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

68

damaged during corrective action activities;

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);

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(1) of

the Act);

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 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 an UST if

the tank was removed or abandoned, or permitted for

removal or abandonment, by the OSFN before the owner or

operator provided notice to lENA of a release of

petroleum;

1)  Costs associated with the installation of new USTs and

the repair of existing UST5;

in)

Costs exceeding those contained in a budget plan or

amended budget plan approved by the Agency or by

operation of law;

n)  Costs of corrective action or indemnification incurred

before providing notification of the release of

petroleum to lENA in accordance with Section 732.202 of

this Part;

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;

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

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 and regulations;

z)  Costs incurred after completion of early action

activities in accordance with Subpart B by owners or

operators choosing to conduct full remediation pursuant

to Section 732.300(b) of this Part;

aa) Costs incurred after completion of site classification

activities in accordance with Subpart C by owners or

operators choosing to conduct full remediation pursuant

to Section 732.400(b) of this Part;

bb) Costs of alternative technology that exceed the costs

of conventional technology; and

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.

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):

SUBCONTRACT OR FIELD       

ELIGIBLE HANDLING CHARGES AS A

PURCHASE COST:        

PERCENTAGE OF 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 AMOUNT OVER $50,000

$100,000 

—

$l,000,00$6,900 PLUS 2 OF AMOUNT OVER $100,000

Section 732.608  

Apportionment of Costs

The Agency may apportion payment of costs if:

a)  THE OWNER OR OPERATOR WAS DEEMED ELIGIBLE TO ACCESS THE

FUND FOR PAYMENT OF CORRECTIVE ACTION COSTS FOR SOME,

BUT NOT ALL, OF THE UNDERGROUND STORAGE TANKS AT THE

SITE; AND

b)  THE OWNER OR OPERATOR FAILED TO JUSTIFY ALL COSTS

ATTRIBUTABLE TO EACH UNDERGROUND STORAGE TANK AT THE

SITE. (Section 57.8(m) of the Act)

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 INDEMNIFICATION 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)

Section 732.610  

Indemnification

a)  Upon submittal of a request for indemnification for

payment of costs incurred as a result of a release of

petroleum from an underground storage tank, the Agency

shall review the application for payment in accordance

with this Subpart F.

71

b)  If the application for payment of the costs of

indemnification is deemed complete and otherwise

satisfies all applicable requirements of this Subpart

F, the Agency shall forward the request for

indemnification to the Office of the Attorney General

for review and approval in accordance with the Act.

The owner or operator’s request for indemnification

shall not be placed on the priority list for payment

until the Agency has received the written approval of

the Attorney General. The approved application for

payment shall then enter the priority list established

at Section 732.603(d) (1) of this Part based on the date

the complete application was received by the Agency.

Section 732.611  

Costs Covered By Insurance, Agreement or

Court Order

COSTS OF CORRECTIVE ACTION OR INDEMNIFICATION INCURRED BY AN

OWNER OR OPERATOR WHICH HAVE BEEN PAID TO AN OWNER OR OPERATOR

UNDER A POLICY OF INSURANCE, ANOTHER WRITTEN AGREEMENT, OR A

COURT ORDER ARE NOT ELIGIBLE FOR PAYMENT from the Fund. AN OWNER

OR OPERATOR WHO RECEIVES PAYMENT UNDER A POLICY OF INSURANCE,

ANOTHER WRITTEN AGREEMENT, OR A COURT ORDER SHALL REIMBURSE THE

STATE TO THE EXTENT SUCH PAYMENT COVERS COSTS FOR WHICH PAYMENT

WAS RECEIVED FROM THE FUND. (Section 57.8(e) of the Act)

Section 732.612  

Determination and Collection of Excess

Payments

a)  If, for any reason, the Agency determines that an

excess payment has been paid from the Fund, the Agency

may take steps to collect the excess amount pursuant to

subsection 

(C)

below.

1)  Upon identifying an excess payment, the Agency

shall notify the owner or operator receiving the

excess payment by certified or registered mail,

return receipt requested.

2)  The notification letter shall state the amount of

the excess payment and the basis for the Agency’s

determination that the payment is in error.

3)  The Agency’s determination of an excess payment

shall be subject to appeal to the Board in the

manner provided for the review of permit

decisions in Section 40 of the Act.

b) An excess payment from the Fund includes, but is not

limited to:

1)  Payment for a non-corrective action cost;

2)  Payment in excess of the limitations on payments

set forth in Sections 732.604 and 732.607 of this

Part;

3)  Payment received through fraudulent means;

4)  Payment calculated on the basis of an arithmetic

error;

5)  Payment calculated by the Agency in reliance on

incorrect information.

c)  Excess payments may be collected using any of the

following procedures:

1)  Upon notification of the determination of an

excess payment in accordance with subsection (a)

above or pursuant to a Board order affirming such

determination upon appeal, the Agency may attempt

to negotiate a payment schedule with the owner or

operator. Nothing in this subsection (c)(l)

shall prohibit the Agency from exercising at any

time its options at subsections (c) (2) or 

(C)

(3)

below or any other collection methods available

to the Agency by law.

2)  If an owner or operator submits a subsequent

claim for payment after previously receiving an

excess payment from the Fund, the Agency may

deduct the excess payment amount from any

subsequently approved payment amount. If the

amount subsequently approved is insufficient to

recover the entire amount of the excess payment,

the Agency may use the procedures in this section

or any other collection methods available to the

Agency by law to collect the remainder.

3)  The Agency may deem an excess payment amount to

be a claim or debt owed the Agency, and the

Agency may use the Comptroller’s Setoff System

for collection of the claim or debt in accordance

with the “State Comptroller Act.” 15 ILCS

405/10.05 (1993).

73

TANK CONTENTS

GASOLINE

leaded2, unleaded, premium and gasohol

MIDDLE DISTILLATE AND HEAVY ENDS

aviationjet

fuelsturbine

fuels2

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

heavy oils

petroleumVN&Pcarc.petroleummoderatelyUSEDhydraulichigh-flashmineraltransformerOILnaphthasPNAsspirits(total)spiritsextenderfluidsvolatilearomaticoils55

,

3475Stoddardoilshydrocarbonnaphthas5

solvents5

solvents5  5

INDI CATOR CONTAMINANTS

benz ene

BETX’

benzene

BETXacenaphthene1

anthracene

benzo (a) anthracene

benzo(a)pyrene

benzo (b) fluoranthene

benzo (k) fluoranthene

chrysene

dibenzo (a ,h) anthracene

f luoranthene

fluorene

indeno(l, 2, 3—c,d)pyrene

naphtha lene

pyrene

other non—

(1) BETX is the sum of the benzene, ethylbenzene, toluene and

total xylyene concentrations.

(2) lead is also an indicator contaminant

(3) the polychlorinated biphenyl parameters listed in Appendix B

are also indicator contaminants

(4) barium is also an indicator contaminant

(5) the volatile, base/neutral and polynuclear aromatic

parameters listed in Appendix B are also indicator

contaminants

(6) waste oil indicator contaminants shall be based on the

results of a waste oil soil sample analysis 

—

refer to

732.311(g)

(7) acenaphthylene, benzo(g,h,i)perylene and phenanthrerie

Section 732.Appendix A Indicator Contaminants

screening sample6

74

Groundwater and Soil Remediation

Objectives and Acceptable Detection

Limits

Parameters

Groundwater

Ob-i ectives

Soil  Groundwater Soil

(ma/ka)

Volatiles

1. Benzene

2. Bromoform

3. Carbon tetrachloride

4. Chlorobenzene    

0.1

5. Chloroform      

0.0002

6. Dichlorobromomethane 0.0002

7. l,2—Dichloroethane  

0.005

8. 1,l—Dichloroethene  

0.007

9. cis—i,2-Dichloroethene 0.07

10.

2—Dichloroethene

ii. Dichloromethane   

0.005

12. 1,2-Dichloropropane 0.005

13. cis-i, 3-Dichloropropene

0.001

14. trans-i, 3—Dichioropropene

0.001

15. Ethylbenzene    

0.7

16. Styrene       

0.1

17. Tetrachloroethene  0.005

18.

1.0

19.

20.

21.

22.

23.

24.

To luene

1,1, 1-Trichloroethane

1,1, 2-Trichloroethane

Trichioroethene   

0.005

Vinyl chloride   

0.002

Xylenes (total)   

10.0

BETX (total)    

11.705

1. Bis(2-chloroethyl)ether

2. Bis(2-ethylhexyl)phathalate

0.006

3. 1,2-Dichlorobenzene 12.0

4. 1,4-Dichlorobenzene 1.5

5. Hexachlorobenzene  

0.01

6. Hexachlorocyclopentadiene

7. N-Nitrosodi-n-propylamine

8. N-Nitrosodiphenylamine 0.01

9. 1,2,4-Trichlorobenzene 1.4

(ma/l)  

lma/ka) (ma/fl

0.7

0.1

0.005

1.0

0.2

0.005

0.005

0.002

10.0

11.705

0.6

0.075

0. 0005

1.0

0.01

0.01

0.07

0.001

0.0002  0.0002

0.0002  0.0002

Polynuclear Aroinatics

Section 732.Appendix B

ADLs1

0.005

0.001

0.005

0.002

0.005

0.001

0.005

0.1

0.0002

0. 0002

0.005

0.007

0.07

0.01

0.005

0.005

0.001

0.001

Base/Neutrals

0.01

0.001  

0.005

0.001  

0.005

0.2

0. 005

0.01   

0.660.Oi

0.006  

0.18

0.034  

0.0005

0.05

0.01   

0.660.0l

0.66   

0.01

0.01

0.12

1. Acenaphthene

8.4

0.42

75

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

0.00043

12. Naphthalene     

0.025

13. Pyrene       

4.2

14. other

Non-Carcinogenic

PNA5 (total)

Acenaphthylene

Benzo(g,h, i)perylene

Phenanthrene

2.1

0.00013

0.0002

0. 00018

0. 00017

0. 0015

0.0003

0.28

0.0086

0.025

0.21

42.0

0. 0026

0.004

0. 0036

0. 0034

0.003

0.006

5.6

4.2

0.21

1.

MetalsArsenic2

2. Barium

3. Cadmium

4. Chromium (total)

5. Lead

6. Mercury

7. Selenium

Acids

1. Pentachlorophenol

2. Phenol (total)

3. 2,4, 6-Trichlorophenol

0.00013

0. 00023

0. 00018

0. 00017

0. 0015

0.003

0.029

0.001

0. 0064

0.00004

0.00003

0. 00004

0.00011

0.00012

0.00002

0. 0087

0.015

0.012

0.011

0.1

0.02

0. 00043

2.4

0.43

0. 003

0

•

002

0.0027

0. 0074

0.008

0.0013

0.056

0. 0027

0.16

0.05

2.0

0.005

0.1

0. 0075

0.002

0.05

0.02

0.1

0.128

0.0008

0. 0006

0.04

0. 0008

0. 0022

0. 0024

0. 0004

0.04

0.008

0.004

0. 0002

0.003

0.05

2.0

0.005

0.1

0. 0075

0.002

0.05

0.001

0.1

0. 0064

0. 00004

0. 00003

0.002

0. 00004

0. 00011

0. 00012

0. 00002

0.002

0. 0004

0. 0002

0. 0002

0.003

2.

3.

4.

6.

7.

8.

9.

10.

11.

12.

Pesticides

Aldrin

a lpha-BHC

Chlordane

4, 4’—DDE

4,4’-DDD

4,4 ‘-DDT

Dieldrin

Endrin

Heptachior

Heptachior epoxide

Lindane (gamma-BHC)

Toxaphene

76

polvchlorinated Biphenyls

1. Polychlorinated Biphenyls    

0.0005

(as Decachlorobiphenyl)

See 40 CFR 761.120, as incorporated by reference at Section

732.104, for USEPA “PCB Spill Cleanup Policy.”

1)  Acceptable Detection Limit 

“Test Methods for Evaluating

Solid Wastes, Physical/Chemical Methods,” EPA Publication

No. SW-846, as incorporated by reference at Section 732.104

of this Part, must be used. For parameters where the

specified objective is below the AOL, the AOL shall serve as

the objective until the USEPA promulgates lower ADLs. When

promulgated, the new USEPA AOL or the specified objective,

whichever is higher, shall apply. For other parameters the

AOL must be below the specified cleanup objective.

2)  For soil, based upon the concentration determined by the

Method 1311 Toxicity Characteristic Leaching Procedure

(TCLP) at 40 CFR 261, Appendix II, as incorporated by

reference at Section 732.104 of this Part.

IT IS SO ORDERED.

I, Dorothy N. Gunn, Clerk of the Illinois Pollution Control

Board, hereby certi~ t at the above opinion and order was

adopted on the  

/

‘-‘-j

day of ________________________

1994, by a vote of 

~-O

Dorothy N.,4unn, Clerk

Illinois ~jllution Control Board