ILLINOIS POLLUTION CONTROL BOARD
June 5, 1997
IN THE MATTER OF:
SITE REMEDIATION PROGRAM
and GROUNDWATER QUALITY
(35 ILL. ADM. CODE 740 and
35 ILL. ADM. CODE 620)
)
)
)
)
)
)
R97-11
(Rulemaking - Land, Groundwater)
Adopted Rule. Final Order.
OPINION AND ORDER OF THE BOARD (by K.M. Hennessey, G.T. Girard and
M. McFawn):
The rule that the Board adopts today establishes procedures and standards for the Site
Remediation Program (SRP), which the Illinois General Assembly established under Title
XVII of the Illinois Environmental Protection Act (Act). (415 ILCS 5/58-58.12, as added by
P.A. 89-431 (eff. December 15, 1995), and amended by P.A. 89-443 (eff. July 1, 1996).)
The Board also adopts amendments to the groundwater quality rules at 35 Ill. Adm. Part 620
to conform those rules and the SRP.
The SRP is a voluntary program under which participants may clean up sites where
contaminants are present. It allows participants to use risk-based cleanup objectives that take
into account current and anticipated uses of sites. The SRP assures that if the use of the site is
modified, the adequacy of the cleanup for the new use must be considered. The SRP also
establishes expeditious alternatives for review and approval of site investigation and cleanup
activities.
In this opinion and order, the Board outlines the procedural history of the rule
1
and
provides an overview of the SRP. The Board then discusses significant issues raised regarding
each subpart of the SRP rule during this rulemaking, along with additional minor changes that
the Board makes today in the rule. Finally, the Board sets forth the final text of the SRP rule
and the amended groundwater quality rule in the attached order.
PROCEDURAL HISTORY
The Board’s responsibility in this matter arises from the Act. (415 ILCS 5/1
et seq
.
(1994).) The Act requires the Board to “determine, define and implement the environmental
control standards applicable in the State of Illinois.” (415 ILCS 5/5(b) (1994).) More
generally, the Board’s rulemaking authority is based on the system of checks and balances
1
References to “the rule” are to 35 Ill. Adm. Code 740. References to the groundwater
quality rule at 35 Ill. Adm. Code 620 are identified as such.
2
integral to Illinois’ environmental governance: the Board is responsible for rulemaking and
adjudication, while the Agency is primarily responsible for administering the Act and the
Board’s regulations.
The Agency filed its proposed Part 740 rules (proposal), along with a Statement of
Reasons pursuant to 35 Ill. Adm. Code 102.121(b), on September 16, 1996. On September
19, 1996, the Board accepted this matter for hearing, granted the motion regarding
incorporations by reference and directed the Agency to file an economic impact form pursuant
to Section 102.121(c) of the Board’s rules. On October 18, 1996, the Agency filed its
economic impact form and motion for acceptance of such form which was granted by the
Board on February 6, 1997. On October 24, 1996, a pre-hearing conference was held in
Springfield, Illinois. Hearings were held before Board Hearing Officer Amy Hoogasian in
Chicago on November 25-26, 1996, and in Springfield on December 17-18, 1996. Fourteen
exhibits were filed at the hearings.
The Board received prefiled testimony and/or questions from the Agency, as the
proponent of the rule, and other interested persons. On behalf of the Agency, Mark Wight
presented the testimony of five Agency witnesses, including Gary King, Lawrence W. Eastep,
Shirley Baer, Robert O’Hara, and Richard D. Lucas. Additionally, the Board received
testimony from: Emmett Dunham and Frederick Feldman on behalf of the Metropolitan Water
Reclamation District (MWRD); Randy Muller of Bank of America, N.T. & S.A., on behalf of
the Illinois Bankers Association and the Site Remediation Committee (SRAC); David Rieser of
Ross & Hardies on behalf of the Illinois Petroleum Council (IPC) and the Illinois Steel Group;
Whitney Wagner Rosen on behalf of the Illinois Environmental Regulatory Group (IERG);
Glenn Sechen on behalf of the Chicagoland Chamber of Commerce; Harry Walton of Illinois
Power Company on behalf of the Illinois State Chamber of Commerce and as Chairman of
SRAC; Patricia Sharkey of Mayer, Brown & Platt on behalf of various clients with an interest
in site remediation; and John Watson of Gardner, Carton & Douglas and Linda Huff of Huff
& Huff, Inc., both on behalf of the SRP Coalition, which is comprised of B.F. Goodrich
Company, Commonwealth Edison Company, Hydrosol, Inc., INX International Ink Company,
Northern Illinois Gas Company, W. Wrigley Jr. Company and Woodward Governor
Company.
Others also testified or asked questions at the hearings, including Steve Gobelman of
the Illinois Department of Transportation; Mark Homer of the Chemical Industry Council of
Illinois; and Peter Gates of Mobil Oil Corporation.
The Board received 13 public comments in this rulemaking proceeding. A complete
list of the exhibits and public comments follows.
Exhibits
Exhibit #1 (Ex. 1)
Testimony of Lawrence W. Eastep on behalf of the
Agency on Proposed Subpart A.
3
Exhibit #2 (Ex. 2)
Testimony of Shirley Baer on behalf of the Agency on
Proposed Subparts B and C.
Exhibit #3 (Ex. 3)
Testimony of Robert O’Hara on behalf of the Agency on
Proposed Subpart D.
Exhibit #4 (Ex. 4)
Testimony of Richard D. Lucas on behalf of the Agency
on Proposed Subpart E.
Exhibit #5 (Ex. 5)
Testimony of Lawrence W. Eastep on behalf of the
Agency on Proposed Subpart F.
Exhibit #6 (Ex. 6)
Agency’s Errata Sheet Number 1.
Exhibit #7 (Ex. 7)
Agency’s Draft of Revisions to Proposed Part 740 in
Response to Prefiled Questions from PCB hearings of
November 25-26, 1996.
Exhibit #8 (Ex. 8)
Testimony of Frederick M. Feldman of the MWRD.
Exhibit #9 (Ex. 9)
Testimony of John Watson of Gardner, Carton & Douglas
on behalf of the SRP Coalition.
Exhibit #10 (Ex. 10) Testimony of Linda L. Huff of Huff & Huff, Inc. on
behalf of the SRP Coalition.
Exhibit #11 (Ex. 11) Testimony of Randy Muller of the Bank of America, N.T.
& S.A. on behalf of the Illinois Bankers Association and
the SRAC.
Exhibit #12 (Ex. 12) Testimony of Harry Walton of Illinois Power Company on
behalf of the Illinois State Chamber of Commerce and as
Chairman of the SRAC.
Exhibit #13 (Ex. 13) Agency’s Responses Regarding Certain Revisions to
Proposed Part 740 as Suggested in the Testimonies of Ms.
Huff and Mr. Feldman.
Exhibit #14 (Ex. 14) Example of Statement of Agency Costs Incurred and Paid.
Public Comments
PC 1
Comments of Judson Hite of Altheimer & Gray on behalf
of the Chicago Development Counsel filed on December
4
9, 1996, regarding Sections 740.210, 740.215, 740.235
and 740.310.
PC 2
Prefiled Testimony of Patricia Sharkey of Mayer, Brown
& Platt on behalf of various clients filed on December 17,
1996, regarding Sections 740.105, 740.120, 740.125,
740.210, 740.420, 740.440, 740.510 and 740.530.
PC 3
Agency’s Errata Sheet Number 2 filed on January 9, 1997,
pertaining to Sections 740.120, 740.210, 740.215,
740.230, 740.425, 740.435, 740.440, 740.445, 740.455,
740.505, 740.510, 740.515, 740.530, 740.620 and
740.625.
PC 4
Post-hearing comments of Whitney Wagner Rosen on
behalf of IERG filed on January 10, 1997, pertaining to
Section 740.505.
PC 5
Final comments of the Agency filed on January 13, 1997.
PC 6
Post-hearing comments of Emmett Dunham on behalf of
the MWRD filed on January 13, 1997, regarding the
Agency’s Errata Sheet Number 2.
PC 7
Comments of Patricia Sharkey of Mayer, Brown & Platt
on behalf of various clients filed on January 13, 1997,
regarding Sections 740.120, 740.240, 740.440, 740.445,
740.455, 740.510, 740.515 and 740.625.
PC 8
Final comments of Lewis Putnam of Gardner, Carton &
Douglas on behalf of the SRP Coalition filed on January
14, 1997, regarding Sections 740.120, 740.310, 740.415,
740.425 and 740.435.
PC 9
Comments of John H. Turner of Browning-Ferris
Industries (BFI) filed on March 4, 1997 on Section
740.105.
PC 10
Comments of Emmett E. Dunham on behalf of the
MWRD filed on April 7, 1997 on Section 740.120.
PC 11
Agency’s Comments to the Board’s First Notice filed on
April 7, 1997 on Sections 740.120, 740.215(d),
740.220(d), 740.415(d)(1), 740.430, 740.440(c),
740.515(a), 740.530, 740.620(d) and 740.Appendix A.
5
PC 12
Comments of Lewis Putnam of Gardner, Carton &
Douglas on behalf of the SRP Coalition to Board’s First
Notice filed on April 7, 1997 on Sections 740.120,
740.215(d), 740.220(d) and 740.310(c).
PC 13
Comments of David Piech of Ross & Hardies on behalf of
the IPC filed on April 9, 1997 on Section 740.120.
On February 6, 1997, the Board proceeded to first notice on the Agency’s proposal for
the SRP, as modified by the Board, pursuant to the Illinois Administrative Procedure Act
(APA) (5 ILCS 100/1-1
et seq
. (1994).) The Board also proceeded to first notice on
conforming amendments to the groundwater quality rules at 35 Ill. Adm. Code 620. In the
first notice opinion and order, the Board set forth the procedural history of the proposed rules
to date, gave an overview of the SRP, discussed the economic and technical justification for
the program, analyzed each of the six subparts of the rule, addressed comments received on
sections within each subpart, and set forth the text of the rule as modified by the Board.
On February 21, 1997, Part 740 and the amendments to Part 620 were published in the
Illinois Register
(21 Ill. Reg. 2562, 2571), upon which a 45-day public comment period began
(referred to as the first notice comment period). The Board published the rule for second
notice on April 17, 1997. In the second notice opinion and order, the Board gave a brief
overview of the SRP and addressed the issues raised during the first notice comment period.
In accord with the requirements of the APA, the Board provided the second notice opinion and
order to the Joint Committee on Administrative Rules (JCAR) of the Illinois General Assembly
for its review.
JCAR suggested that the Board make certain minor changes to the rule and issued a
certificate of no objection.
2
The Board has made those changes and today adopts Part 740 and
amendments to Part 620 for final notice in accordance with the APA.
By adopting this final notice, the Board complies with P.A. 89-431 (eff. December 15,
1995), as amended by P.A. 89-443 (eff. July 1, 1996), which requires the Board to complete
this rulemaking on or before June 16, 1997. The Board notes, however, that these rules will
not become effective until July 1, 1997, the same date that the regulations in Part 742 will
become effective. Part 742 is the Tiered Approach to Corrective Action Objectives,
commonly known as TACO, docketed before the Board as R97-12(A). Because this rule
2
The substantive changes requested by JCAR are discussed in the appropriate sections below.
The non-substantive changes are made in the order without any further discussion in this
opinion.
6
extensively cross-references Part 742, the Board believes it necessary to tie the effective date
of this rule to the effective date of the Part 742 rules.
3
OVERVIEW OF THE SITE REMEDIATION PROGRAM
The purpose of Title XVII and the SRP is to establish procedures for investigative and
remedial activities at sites where there is a release, threatened release, or suspected release of
hazardous substances, pesticides, or petroleum. The SRP also establishes procedures for the
review and approval of those activities.
4
(415 ILCS 5/58.1(a)(1).)
The SRP is voluntary; any person performing site investigation or remediation may
elect to proceed under the SRP. However, certain sites may not enter the SRP, including but
not limited to sites on the National Priorities List; sites that are being remediated under a
federal court order, a United States Environmental Protection Agency (USEPA) administrative
order; or sites that are subject to a federally delegated program. However, any person may
use the procedures of the SRP at these excluded sites to the extent allowed by federal law,
federal authorization, or other federal approval.
The rule requires that each SRP participant submit an application and enter into a
service agreement with the Agency. The application and agreement shall set forth the
objectives of the participant and the services requested from the Agency. The rule generally
requires that a participant in the SRP (referred to as a remediation applicant or RA) proceed
through four stages.
First, the RA must perform a site investigation to determine the presence or likely
presence of any regulated substances or pesticides under conditions that would indicate a
release or threatened release. At the RA’s option, the site investigation may be limited to a
portion of the site or to a particular regulated substance or pesticide being investigated. The
RA must prepare a report on the findings of the investigation.
Second, if contamination is discovered, the RA must develop remediation objectives in
accordance with 35 Ill. Adm. Code 742. In some cases, other remediation measures also may
be necessary. Remediation objectives may include institutional controls or engineered barriers,
3
On April 17, 1997, the Board split the R97-12 docket into two dockets: R97-12(A) and R97-
12(B). Despite the creation of subdockets in the R97-12 docket, the July 1, 1997 effective
date remains the same for both R97-11(SRP) and R97-12(A) (TACO).
4
As noted in the first notice opinion and order, the SRP is similar to the Agency’s Pre-Notice
Site Cleanup Program (PNSCP), which began in 1989 under the authority of Sections 22.2(m)
and (n) of the Act, which were repealed in 1995. (P.A. 89-431, eff. December 15, 1995.)
The first notice opinion and order details the differences between the PNSCP and the SRP.
(See Site Remediation Program and Groundwater Quality (35 Ill. Adm. Code 740 and 35 Ill.
Adm. Code 620) (February 6, 1997), R97-11, slip op. at 5-6.)
7
which are subject to the Agency’s approval in accordance with 35 Ill. Adm. Code
742.Subparts J and K.
Third, if remediation is necessary to achieve compliance with remediation objectives,
the RA must propose a remedial action plan to the Agency. Fourth, after the remedial action
plan is approved by the Agency and implemented, the RA must submit a remedial action
completion report showing that the remediation objectives have been achieved.
Upon approval of a remedial action completion report, the Agency will issue a No
Further Remediation (NFR) Letter to the RA. The NFR Letter must be recorded with the
Office of the Recorder or the Registrar of Titles in the county in which the site is located. As
Title XVII states, the NFR Letter is
prima facie
evidence that the site does not constitute a
threat to human health and the environment (415 ILCS 5/58.10(a)). The NFR Letter also
“signifies a release from further responsibilities under [the] Act in performing the approved
remedial action.” (
Id
.) The site must be used in accordance with the terms of the NFR
Letter. (
Id
.) The NFR Letter applies in favor certain entities identified in Section 58.10(d) of
the Act, including, among others, the owner or operator of the site, transferees of the owner of
the site, and successors in interest of the owner of the site. The NFR Letter is voidable in
certain circumstances.
The rule allows appeals of various Agency decisions in connection with a site
remediation. In the SRP, appeals may be taken from the denial of applications and agreements
(Section 740.215(d)), modifications of applications and agreements (Section 740.220(d)),
Agency termination of service agreements (Section 740.230(d)), requests for payment (Section
740.310(d)), disapproval or approval with conditions of any of four plans or reports (Section
740.505(h)), and voidance of No Further Remediation Letters (Section 740.625(a)).
At first notice, the Board found that the program is economically reasonable and
technically feasible. Based on that analysis, as well as the public comments, exhibits, and
testimony received in this rulemaking, the Board adopts Part 740 and the amendments to Part
620 as final rules.
ANALYSIS
The rule is divided into six subparts and two appendices. Set forth below is a brief
description of each subpart of the proposal, along with the Board’s overview of issues in this
rulemaking. We also review the minor changes that the Board has made, at JCAR’s
suggestion, to the wording of Section 740.505 (review of plans and reports) and the
appendices.
5
5
These issues are more thoroughly discussed in the Board’s February 6, 1997 first notice
opinion and order (Site Remediation Program and Groundwater Quality (February 6, 1997),
R97-11) and second notice opinion and order (Site Remediation Program and Groundwater
Quality (April 17, 1997), R97-11).
8
Subpart A: General
Subpart A sets forth the general provisions of Part 740. These provisions address the
applicability of the SRP, permit waivers, authority of the Agency, definitions, and
incorporations by reference.
At first notice, the Board discussed Sections 740.100 (purpose), 740.105
(applicability), 740.115 (Agency authority), 740.120 (definitions), and 740.125
(incorporations by reference). At second notice, the Board discussed Sections 740.105
(applicability), 740.115 (Agency authority), and 740.120 (definitions of “authorized agent,”
“recognized environmental condition,” and “residential property”). The Board discusses some
of the issues raised regarding this subpart below.
Section 740.100 Purpose. This section states the purpose of Part 740. Specifically, the
purpose of Part 740 is to establish procedures for investigation and remediation at sites where
there is a release, threatened release, or suspected release of hazardous substances, pesticides
or petroleum. Further, the purpose of Part 740 is to establish procedures for the review and
approval of those activities. (Ex. 1 at 2.)
At first notice, the Board notes that the SRP results in the issuance of an NFR Letter
rather than a discharge of liability. The NFR Letter is
prima facie
evidence that the site does
not constitute a threat to human health or the environment, and does not require further
remediation under the Act, if the site is used according to the NFR Letter. That
prima facie
evidence can be rebutted, however, so an NFR Letter cannot be considered a discharge of
liability.
The Board also confirmed that one purpose of Title XVII is “to establish a risk-based
system of remediation based on protection of human health and the environment relative to
present and future uses of the site.” (415 ILCS 5/58.) However, the Board did not believe it
necessary that Section 740.100 expressly reference risk-based remediation.
Section 740.105 Applicability. This section paraphrases the applicability provisions of
Title XVII. Specifically, Section 740.105(a) states that the procedures in this Part are
available to persons required to or electing to perform investigative or remedial activities at a
site where there is a release, threatened release, or suspected release of hazardous substances,
pesticides or petroleum. Section 740.105(a) lists sites ineligible to be remediated in the SRP.
These exclusions ensure that the SRP will not interfere with delegated federal programs or
with federal court orders or administrative orders issued by the USEPA. (Ex. 1 at 3.)
At second notice, the Board declined to adopt a change that would allow the SRP to be
used for closure of municipal solid waste disposal facilities. The Board agreed with the
Agency that the rules developed in this proceeding will not apply to landfills. (Tr. 1 at 47-
9
51.)
6
Like the Agency, the Board does not believe that the legislature intended to supplant the
regulations adopted by the Board governing landfill closure by adopting the SRP. However,
while the SRP does not apply to landfill closures, the SRP does not preclude the Agency from
using risk-based criteria in any further amendments to the landfill rules.
Section 740.115 Agency Authority. This section generally provides that Part 740 does
not limit the authority of the Agency to proceed under Section 4(q) of the Act or to take
certain other actions under the Act. It also provides that the Agency may use Part 740
procedures at remediation sites at which an RA is seeking a release pursuant to Section 4(y) of
the Act. The Agency had proposed that a Board Note follow Section 740.115 that would
explain the relationship between Section 4(y) of the Act and the SRP. While the Board
generally agreed with the content of the proposed Board Note, the Board did not believe it
necessary to include this information in a Board Note. Accordingly, the Board struck the
proposed Board Note at second notice.
Section 740.120 Definitions. Most of the definitions in this section are identical to
those provided in Title XVII. Some terms used in Title XVII are not defined here because
they are used in the proposed Part 742 rules rather than in Part 740.
At first notice, the Board requested comment on “authorized agent,” “recognized
environmental condition,” and “residential property.” The comments received and the
Board’s resolution of those comments are fully set forth in the second notice opinion; a brief
summary follows.
First, the Board struck the word “duly” from the Agency’s term “duly authorized
agent;” the Board found “duly” redundant. The Board also struck the Agency’s examples of
an authorized agent because the Board deemed the examples too limiting.
Second, several participants in this rulemaking raised questions and concerns about the
definition of “recognized environmental condition.” That term is derived from American
Society for Testing and Materials E 1527-94, Standard Practice for Environmental Site
Assessments: Phase I Environmental Site Assessment Process, vol. 11.04 (the ASTM
Standard), which the Agency submitted as part of its original proposal. Section 740.420
requires that the ASTM Standard be used for a phase I environmental site assessment
conducted as part of a comprehensive site investigation. The Board modified the definition of
“recognized environmental condition,” but defers further discussion of that change, and the
comments on this definition, to the Board’s discussion of Section 740.420. (
See infra
at 13-
14
.
)
Third, the Board also has modified the Agency’s proposed definition of “residential
property.” That definition is based in part on Title XVII, which defines “residential property”
6
The transcript of the hearing on November 25-26, 1996 is cited as “Tr. 1 at __;” the
transcript of the hearing on December 17-19, 1996 is cited as “Tr. 2 at __.”
10
as “any real property that is used for habitation by individuals and other property uses defined
by Board rules such as education, health care, child care and related uses.” (415 ILCS
5/58.2.)
The definition in the rule now reads as follows:
“RESIDENTIAL PROPERTY” MEANS ANY REAL PROPERTY THAT IS USED
FOR HABITATION BY INDIVIDUALS or where children have the opportunity for
exposure to contaminants through soil ingestion or inhalation at educational facilities,
health care facilities, child care facilities, or outdoor recreational areas.
(415 ILCS 5/58.2.)
At second notice, the Board substituted “outdoor recreational areas” for the Agency’s
proposed term, “playgrounds.” The Board found the term “playgrounds” was too narrow and
could be construed to exclude many areas where children regularly play, including parks,
soccer fields, and theme parks. The Board also believed that “outdoor recreational areas” is
broad enough to encompass recreational uses not envisioned during this rulemaking. The
requirement that the recreational area be an outdoor area, on the other hand, ensures that the
term will not include recreational facilities where there is little threat of exposure (
e.g.
, indoor
recreational facilities).
At second notice the Board also added the word “soil” before the phrase “ingestion or
inhalation” in the definition. The Board did so to implement the Agency’s intent to exclude
from this definition properties where there is only a groundwater ingestion pathway. The
Board agreed with the Agency that excluding these properties is consistent with the basis for
the groundwater remediation objectives established in Tiers 1, 2, and 3 under Part 742. As the
Board noted, Tier 1 groundwater cleanup standards do not depend on land use (
i.e.
, residential
or industrial/commercial), but on the classification of the groundwater at issue as Class I or II
groundwater under Part 620. Tier 2 groundwater remediation objectives also do not turn on
the use of the property at issue; in Tier 2 the groundwater must meet the applicable Tier 1
groundwater remediation objective at the point of human exposure, along with other criteria.
Under Tier 3, groundwater remediation objectives must account for site-specific factors and
are based in part upon a formal risk assessment that “demonstrate[s] that contaminants of
concern at a site do not pose a significant risk to any human receptor.” (35 Ill. Adm. Code
742.915 (proposed).) Because groundwater remediation objectives either do not turn on the
use of property (under Tier 1 and 2), or account for site-specific risks (under Tier 3), the
Board agreed that it would be inappropriate to link the definition of residential property to the
opportunity for groundwater ingestion.
Section 740.125 Incorporations by Reference. This section incorporates certain
materials regarding investigation techniques, testing protocols, and other issues relevant to the
SRP. The incorporations do not include later amendments or editions because the Secretary of
State’s rules prohibit the use of subsequent editions of incorporated documents without further
rulemaking.
11
Subpart B: Applications and Agreements for Review and Evaluation Services
Subpart B sets forth the proposed requirements that the RA is to follow when applying
for review and evaluation services under the SRP (Application). This subpart also provides for
approval or denial of Applications by the Agency and sets forth the requirements to be
followed by the RA when entering into, modifying or terminating agreements to provide
evaluation services and any related services that the RA may request (Agreement).
Subpart B also specifies the information that the Application must contain for an RA to
enroll in the SRP and sets forth the conditions for the Agency’s approval or denial of the RA’s
Application. Subpart B also contains the procedures for accepting, modifying, or terminating
an Agreement between the RA and the Agency. Finally, Subpart B authorizes the use of
private licensed professional engineers for the review and evaluation of plans and reports.
At first notice, the Board discussed the following sections under Subpart B: Sections
740.210 (contents of Application and Agreement), 740.215 (approval or denial of Application
and Agreement), 740.220 (acceptance and modification of Agreement), 740.225 (termination
of Agreement by the RA), and 740.230 (termination of Agreement by the Agency). At second
notice, the Board discussed Sections 740.215 (approval or denial of Application or
Agreement), 740.220 (acceptance and modification of Agreement), 740.210 (contents of
Application and Agreement), and 740.230 (termination of Agreement by the Agency). A
summary of significant issues in this subpart follows.
Section 740.210 Contents of Application and Agreement. This section describes the
information that must be contained in the Application for an RA to enroll in the SRP and the
conditions that may be included in the Agreement. (Ex. 2 at 3.)
At first notice, the Board deleted a Board note that the Agency had proposed. The note
stated that statutory restrictions prevented the Agency from refunding payments. The Board
found that internal Agency procedures, rather than statutory restrictions, appeared to determine
whether advance partial payments accompanying Applications will be forfeited when an
Application is denied. Accordingly, the Board deleted the proposed note.
Section 740.215 Approval or Denial of Application and Agreement. This section
provides that the Agency has 30 days from receipt of an Application to approve or deny the
Application. At first notice, the Board also added language to Section 740.215(d) to allow two
options in addition to the appeal rights. The new options allow an RA to either resubmit an
Application or Agreement to the Agency or for the RA and the Agency to file a joint request
for a 90 day extension of the appeal period in the manner provided for extensions of permit
decisions in Section 40 of the Act. The Board found that these additions make Part 740 more
12
consistent with the Part 732 rules,
7
which allow the same options when the Agency reviews a
plan or report.
Section 740.220 Acceptance and Modification of Agreement. This section mandates
that the Agreement shall become effective upon approval of the Application by the Agency and
the receipt of advance partial payment. The advance partial payment is determined by the
conditions set forth in Section 740.210(c). The agreement may be modified upon mutual
consent of the parties. Modifications shall be in writing and become effective when signed by
the RA and accepted by the Agency, unless another date is identified in the modification. At
first notice, the Board added language allowing an RA to resubmit documents or seek a joint
90-day extension of the appeal period in lieu of an immediate appeal of the Agency’s denial of
a modification.
Subpart C: Recordkeeping, Billing and Payment
This subpart sets forth the requirements to be followed in requesting and submitting
payments for Agency costs incurred under this Part. Specifically, this subpart addresses
recordkeeping for Agency services, requests for payment, submittal of payment, and the
manner of payment. At first notice, the Board discussed Section 740.310 (request for
payment), which sets forth the procedures under which the Agency will request payment for
services provided under the Review and Evaluation Service Agreement. At second notice, the
Board also added a provision to Section 740.310(c) that allows the RA and the Agency to file a
joint request for a 90-day extension of the appeal period. The addition makes this section
consistent with other appeal provisions in Part 740.
Section 740.310 Request for Payment. This section provides that the Agency shall
prepare a written request for payment for service costs provided under the Agreement. The
Agency shall submit requests for payment no more than quarterly unless the Agreement has
concluded or terminated. Subsection (a) provides that the Agency will provide documentation
of costs to the RA upon request. Subsection (c) provides that within 35 days of receipt of a
request, the RA may appeal the request, but only on the basis that the services were not
provided.
At first notice, the Board declined to require the Agency to provide documentation of
costs with every request for payment. If an RA seeks additional documentation, the rule
requires the Agency to provide it upon request.
The Board also added language to subsection (c) at first notice allowing the appeal of
Agency requests for payment on the grounds that the Agency costs for services are
unreasonable, if the costs in the aggregate exceed $5,000 or the Agency’s estimate. The Board
found that allowing such appeals is consistent with the appeal rights granted elsewhere in the
Board’s rules, including the appeal rights allowed under 35 Ill. Adm. Code 105 (Permits).
7
The Part 732 rules refer to the Regulation of Petroleum Underground Storage Tanks (35 Ill.
Adm. Code 732), recent amendments to which are docketed before the Board as R97-10.
13
Subpart D: Site Investigations, Determination of Remediation Objectives, Preparation of
Plans and Reports
Subpart D sets forth the proposed elements of and data quality objectives for site
remedial activities to be conducted under the SRP. The aim of these provisions is to provide a
basis for the Agency to determine whether conditions at a site constitute a threat to human
health and the environment or warrant further remediation under the Act. Subpart D contains
procedures and requirements for site investigations and remedial actions in comprehensive site
investigations, in which all recognized environmental conditions at the remediation site are
investigated, and in focused site investigations, in which only selected recognized
environmental conditions or contaminants may be addressed. Furthermore, Subpart D requires
that all site activities, investigations, plans, or reports be conducted by or prepared under the
supervision of a Licensed Professional Engineer (LPE), as required by Section 58.6 of the
Act.
At first notice, the Board addressed issues pertaining to Sections 740.415 (site
investigation - general), 740.420 (comprehensive site investigation), 740.425 (site
investigation report - comprehensive site investigation report), 740.435 (site investigation
report - focused site investigation), 740.440 (determination of remediation objectives),
740.445 (remediation objectives report), and 740.455 (remedial action completion report). At
second notice, the Board discussed Sections 740.415 (site investigation - general), 740.420
(comprehensive site investigation), 740.430 (focused site investigation), 740.435 (site
investigation report - focused site investigation), 740.440 (determination of remediation
objectives), and 740.445 (remediation objectives report). A summary of significant issues
follows.
740.420 Comprehensive Site Investigation. Section 740.420 sets forth the procedures
for completing a comprehensive site investigation to identify all recognized environmental
conditions that may exist at a remediation site. The investigation is to be performed in two
phases. In the first phase of the investigation, the RA must use the procedures set forth in the
ASTM standard unless the Agency approves an alternative.
At first notice, the Board found the use of the ASTM Standard appropriate. (Site
Remediation Program and Groundwater Quality (February 6, 1997), R97-11, slip op.at 24.)
The Board agreed with the Agency that a “comprehensive” site investigation should encompass
all recognized environmental conditions based on reasonable inquiry and the ASTM Standard
provides an appropriate method of such inquiry.
At first notice, the Board added an exclusion to the definition of recognized
environmental condition for “
de minimis
conditions that generally do not present a threat to
human health or the environment.” At second notice, the Board added to Section
740.425(b)(5) a requirement that the LPE describe in the Site Investigation Report all
conditions determined to be
de minimis
, along with the rationale for the
de minimis
14
determination. The Board found that this requirement helped eliminate any uncertainty
regarding the reporting requirements for the LPE’s
de minimis
determinations.
The Board also declined to replace “recognized environmental concern” with
“regulated substances of concern,” one of the terms used in Title XVII. The Board found that
“recognized environmental concern” is consistent with the statutory mandate. The Board
further noted that its addition of a
de minimis
exclusion to the definition of “recognized
environmental concern” should prevent the Agency or others interpreting the term
overbroadly.
Subsection 740.420(b) sets forth the required components of a phase II environmental
site assessment for a comprehensive site assessment. Under this section, an RA also must
investigate contaminants of concern. At a minimum, the RA must sample for compounds on
the Target Compound List (TCL) appended to Part 740, a subset of the thousands of potential
contaminants of concern commonly encountered at contaminated sites. An LPE will have the
ability to decide, however, that in his or her professional judgment, certain conditions
identified in a phase I site investigation need not be further investigated in a phase II site
investigation. At first notice, the Board declined to shift to the Agency the burden of
identifying compounds on the TCL that require no further investigation.
Section 740.425 Site Investigation Report -- Comprehensive Site Investigation Report.
Section 740.425 sets forth the requirements for reports of phase I and II comprehensive site
investigations. Under 740.425(a), the results of both the phase I and II site investigations
should be combined in a single report.
At first notice, the Board confirmed that the Agency could terminate a site from the
SRP if a phase I site investigation reveals no recognized environmental conditions, and that
such a termination should not be considered a cloud over the status of the property.
To remove any implication that Tier 1 remediation objectives will apply at every site,
at first notice the Board changed the requirement that the RA compare concentrations of
contaminants of concern to the “applicable” Tier 1 remediation objectives under 35 Ill. Adm.
Code 742 to the “corresponding” Tier 1 remediation objectives. The Board declined,
however, to delete the requirement altogether. The Board found that the comparison will
enable the Agency to quickly identify the sites for which Tier 2 or 3 remediation objectives
may be developed, and is clearly only one of several factors to be used in assessing potential
threats.
Section 740.440 Determination of Remediation Objectives. This section sets forth the
method for determining remediation objectives. If the site investigation reveals one or more
recognized environmental conditions, the RA shall develop remediation objectives under 35
Ill. Adm. Code 742 or other remediation measures as appropriate.
15
At first notice, the Board added an example of a remediation measure at the end of
740.440(a): “
e.g.
, removal of drums threatening a release.” The Board also revised Section
740.440(c) to allow the Agency to verify that a remediation measure has been implemented.
Subpart E: Submittal and Review of Plans and Reports
Subpart E provides the procedures and the standards for review of plans and reports.
In particular, standards of review are set forth for (1) site investigation reports and related
activities, (2) remediation objective reports, (3) remedial action plans and related activities,
and (4) remedial action completion reports and related activities. The standards are based on
statutory standards and apply to both the Agency and the review and evaluation licensed
professional engineer (RELPE).
This subpart also addresses the establishment and duration of groundwater management
zones (GMZ). If a GMZ is in effect, the otherwise applicable groundwater quality standards
of 35 Ill. Adm. Code 620 shall not apply to the contaminants for which groundwater
objectives have already been approved. Likewise, while the NFR Letter is in effect, the
otherwise applicable groundwater quality standards of 35 Ill. Adm. Code 620 are superseded.
Instead, the remediation objectives set forth in the NFR Letter become the groundwater quality
standards for that area.
At first notice, the Board discussed Sections 740.505 (review of plans and reports),
740.510 (standards for review of site investigation reports and related activities), 740.515
(standards for review of remediation objectives reports), 740.530 (establishment of
groundwater management zones), and amendments to Part 620 (groundwater quality). At
second notice, the Board discussed Sections 740.515 (standards for review of remediation
objectives reports), 740.530 (establishment of groundwater management zones), and the
amendments to Part 620 (groundwater quality). A summary of significant issues in this
subpart follows, along with a discussion of JCAR’s suggested changes.
Section 740.505 Review of Plans and Reports. Section 740.505 addresses the review of plans
and reports.
Before final notice, JCAR suggested that the Board add two changes to Section
740.505(g)(3) in order to clarify how the Agency would approve time extensions for the
RELPE’s review of a plan or report. Section 740.505(g)(3) shall now read, “[u]nless
otherwise approved by the Agency in writing, the RELPE shall have 30 days to complete the
review of a plan or report” Additionally, at the end of Section 740.505(g)(3), the same
revision is made: “the RELPE shall have a total of 45 days to complete the review of all plans
or reports so submitted, unless otherwise approved by the Agency in writing.” The Board
agreed to the changes and reflects each change in the order.
Section 740.515 Standards for Review of Remediation Objectives Reports. This
section sets forth the items that the Agency or a RELPE shall consider when reviewing a
remediation objectives report.
16
At first notice, the Board provided a more definite standard of review by replacing the
phrase “appropriate for the recognized environmental condition” with the phrase “necessary to
minimize or eliminate any remaining . . . risk presented by the contaminants of concern.” At
second notice, the Board also added “remediation measures” to this section as follows:
a) Whether the report is complete and has been accompanied by the information and
supporting documentation necessary to determine whether the remediation
objectives have been determined in accordance with 35 Ill. Adm. Code 742 and
whether any other remediation objectives or remediation measures are necessary to
minimize or eliminate any remaining risk presented by the contaminants of concern;
The Board declined to replace “contaminants of concern” with “recognized
environmental condition.” The Board found the phrase “contaminants of concern” consistent
with Section 740.440(a), which requires that remediation objectives be developed for
contaminants of concern, not recognized environmental conditions.
Section 740.530 Establishment of Groundwater Management Zones. This section
outlines the procedures for establishing GMZs. Subsection (a) provides that upon the
Agency’s approval of a remedial action plan under Subpart E, groundwater that is the subject
of the remedial action plan shall automatically be classified as a GMZ for the specified
contaminants of concern. Subsection (b) provides that the three dimensional area of the GMZ
is coextensive with the groundwater that is the subject of the remedial action plan, although it
may be modified where new information and an amended remedial action plan warrant. If a
GMZ extends across property boundaries, the written permission of the owners of the affected
properties must be obtained before the GMZ becomes effective, unless the properties are
already included in the remediation site.
At second notice, the Board declined to revise this section to allow a GMZ to be
effective across an entire groundwater contaminant plume regardless of whether an affected
property owner (who is not the RA) consents. The Board found that requiring the consent of
affected property owners is consistent with the Act and necessary to avoid administrative
problems. The Board noted that the Agency will consider an RA’s efforts to remediate
contaminants in a plume in exercising its enforcement discretion.
Amendments to Part 620. In addition, at first notice the Board added language to Part
620 to make clear that GMZs may be established under Part 740. These changes generally
duplicated the provisions of Section 740.530 and are intended simply to alert the reader of Part
620 to the relationship between Parts 620 and 740.
Subpart F: No Further Remediation Letters and Recording Requirements
Subpart F describes the content of an NFR Letter, the recording requirements and the
conditions under which an NFR Letter may be voided. In addition, this subpart allows
limiting language to be contained in the NFR Letter if the RA has decided to limit the
17
investigation or remediation to a portion of a parcel of property, to limited environmental
conditions or to specific contaminants of concern. The NFR Letter must include the
information set forth in this subpart and will be issued to RAs who have completed all
requirements and received final approval of the remedial action completion report by the
Agency or on appeal. If the Agency fails to issue the NFR Letter to an RA within 30 days
after approval of the remedial action completion report, the NFR Letter shall issue by
operation of law. An NFR Letter issued by operation of law may be memorialized in an
affidavit by the RA and recorded under Section 740.620.
The RA must submit the NFR Letter or affidavit to the Office of the Recorder or the
Registrar of Titles of the county in which the remediation site is located. This subpart requires
that if the RA is not the sole owner of the site, the owner must certify that he or she has
reviewed the contents of the NFR Letter (or affidavit memorializing the NFR Letter if the
NFR Letter issues by operation of law) and accepts the terms and conditions and any land use
limitations set forth in the NFR Letter. The NFR Letter is not effective until it is officially
recorded. After the NFR Letter is recorded, the RA must submit to the Agency a copy of the
NFR Letter (or affidavit) as recorded and, in applicable situations, the owner certification, to
demonstrate that the recording requirements have been satisfied. If the remediation site is not
managed in accordance with the terms of the NFR Letter, the NFR Letter may be voided by
the Agency. The Agency’s voidance of an NFR Letter may be appealed.
At first notice, the Board discussed Sections 740.605 (issuance of a No Further
Remediation Letter), 740.620 (duty to record a No Further Remediation Letter), and 740.625
(voidance of a No Further Remediation Letter). At second notice, the Board discussed Section
740.620 (duty to record a No Further Remediation Letter). A summary of these discussions
follows.
Section 740.605 Issuance of a No Further Remediation Letter. This section is divided
into three subsections. Subsection (a) provides that the Agency has 30 days to issue the NFR
Letter after the approval of a Remedial Action Completion Report. (This requirement,
however, does not mean that the RA must have completed post-remediation monitoring to
obtain an NFR Letter.) If the Agency fails to issue the NFR Letter within 30 days, the letter is
deemed issued by operation of law. Subsection (b) provides that the NFR Letter shall be
issued only to those RAs who have completed all requirements of the SRP and who have an
approved remedial action completion report. Subsection (c) requires the Agency to mail the
NFR Letter to the RA by registered or certified mail, post-marked with a date stamp and with
return receipt requested.
At first notice, the Board found it appropriate to require the Agency to send a copy of
the NFR Letter to owners who are not also RAs. The Board declined, however, to allow such
owners to appeal the issuance of NFR letters that impose land use restrictions to which the
owner did not consent. The Board found that owners are sufficiently protected by the
requirement that the RA obtain the consent of the owner to apply to the SRP (Section 740.210)
and for the issuance of the NFR Letter (Section 740.620).
18
Section 740.620 Duty to Record a No Further Remediation Letter. This section
addresses the steps that an RA must follow in order to record the NFR Letter with the Office
of the Recorder or the Registrar of Titles.
At first notice, the Board added language requiring the RA to obtain the certification of
each owner of the remediation site that the owner has reviewed the NFR Letter and accepts
any land use limitations and other conditions set forth in the letter (or affidavit, if an affidavit
is filed in lieu of an NFR Letter). The Board also added a requirement that the RA must
record this certification, along with the NFR Letter or affidavit, before the NFR Letter or
affidavit may become effective. The Board found that this language gives a non-owner RA a
greater incentive to keep the owner informed throughout the entire process, while imposing a
minimal additional administrative burden on participants in the SRP.
At first notice, the Board declined to add a requirement that the current owner of the
remediation site be responsible for maintaining any land use limitations in the NFR Letter.
The Board found that requirement might preclude third-party arrangements regarding that
responsibility, and agreed with the Agency that the Agency may initiate a voidance action if
institutional controls are not maintained without knowing exactly who is responsible for
maintaining them.
Section 740.625 Voidance of a No Further Remediation Letter. This section sets forth
the procedures for voidance of the NFR Letter. Generally, the NFR Letter shall be voidable if
the remediation site activities are not managed in full compliance with the provisions of Title
XVII of the Act, Part 740, or with the approved remedial action plan or remediation objectives
upon which the issuance of the NFR Letter was based. The Agency’s proposal required that if
the Agency seeks to void the NFR Letter, it shall provide notice to the current title holder of
the site and to the RA. (415 ILCS 5/58.10(f).) The RA or current title holder may, within 35
days of receipt of the voidance, appeal the Agency’s decision to the Board. If not appealed,
the Agency shall ensure that the notice of voidance is recorded with the proper office.
At first notice, the Board declined to change subsection (a)(6), which sets forth one of
the acts or omissions that may result in voidance of the NFR Letter. Subsection (a)(6)
provides that the NFR Letter may be voided if there is a subsequent discovery of contaminants
that pose a threat to human health or the environment. The Board declined to substitute
“recognized environmental conditions” for “contaminants.” The Board found that
“recognized environmental conditions” are generally discovered through a phase I site
investigation conducted under the ASTM Standard, and the Board believed that the subsequent
discovery of contaminants in the circumstances listed in this subsection should render the NFR
Letter voidable, regardless of whether the contaminants are discovered through an ASTM
Standard phase I site investigation or for some other reason. The Board further noted that the
original language tracks the statutory language of Section 58.10(e)(6) of Title XVII.
The Board also declined to further limit this phrase with references to Part 742 or
threats to human health or the environment, finding these references either too limiting or
unnecessary.
19
Appendices
Appendix A. Tables C and D. At the request of JCAR and upon further review, the
Board removed the last line of the note at the end of each of the tables in Appendix A. The
line, which read, “[s]ee Section 1.4 for description of circumstances,” was erroneously
included in the Agency’s original proposal. The line is stricken in both tables and the attached
order reflects these changes.
Appendix B. At the request of JCAR and upon further review, the Board has also
changed the word “organization” to “reorganization” in the thirteenth bullet point. The order
reflects this change.
CONCLUSION
At first and second notice, the Board found the rule consistent with Title XVII,
technically feasible, and economically reasonable. The minor changes that JCAR suggested
during the second notice period, all of which the Board has adopted, do not affect this
conclusion. The Board continues to believe that the rule will promote cleanups that protect
human health and the environment. Accordingly, we find today that the record before us
warrants adopting the rule for final notice.
ORDER
The Board directs the Clerk to cause the filing of the following adopted rule for final
notice publication in the
Illinois Register
with the Secretary of State:
20
TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE G: WASTE DISPOSAL
CHAPTER I: POLLUTION CONTROL BOARD
PART 740
SITE REMEDIATION PROGRAM
SUBPART A: GENERAL
Section
740.100
Purpose
740.105
Applicability
740.110
Permit Waiver
740.115
Agency Authority
740.120
Definitions
740.125
Incorporations by Reference
740.130
Severability
SUBPART B: APPLICATIONS AND AGREEMENTS FOR REVIEW AND EVALUATION
SERVICES
Section
740.200
General
740.205
Submittal of Application and Agreement
740.210
Contents of Application and Agreement
740.215
Approval or Denial of Application and Agreement
740.220
Acceptance and Modification of Application and Agreement
740.225
Termination of Agreement by the Remediation Applicant (RA)
740.230
Termination of Agreement by the Agency
740.235
Use of Review and Evaluation Licensed Professional Engineer (RELPE)
SUBPART C: RECORDKEEPING, BILLING AND PAYMENT
Section
740.300
General
740.305
Recordkeeping for Agency Services
740.310
Request for Payment
740.315
Submittal of Payment
740.320
Manner of Payment
SUBPART D: SITE INVESTIGATIONS, DETERMINATION OF REMEDIATION
OBJECTIVES, PREPARATION OF PLANS AND REPORTS
Section
740.400
General
21
740.405
Conduct of Site Activities and Preparation of Plans and Reports by Licensed
Professional Engineer (LPE)
740.410
Form and Delivery of Plans and Reports, Signatories and Certifications
740.415
Site Investigation -- General
740.420
Comprehensive Site Investigation
740.425
Site Investigation Report -- Comprehensive Site Investigation
740.430
Focused Site Investigation
740.435
Site Investigation Report -- Focused Site Investigation
740.440
Determination of Remediation Objectives
740.445
Remediation Objectives Report
740.450
Remedial Action Plan
740.455
Remedial Action Completion Report
SUBPART E: SUBMITTAL AND REVIEW OF PLANS AND REPORTS
Section
740.500
General
740.505
Reviews of Plans and Reports
740.510
Standards for Review of Site Investigation Reports and Related Activities
740.515
Standards for Review of Remediation Objectives Reports
740.520
Standards for Review of Remedial Action Plans and Related Activities
740.525
Standards for Review of Remedial Action Completion Reports and Related
Activities
740.530
Establishment of Groundwater Management Zones
SUBPART F: NO FURTHER REMEDIATION LETTERS AND
RECORDING REQUIREMENTS
Section
740.600
General
740.605
Issuance of No Further Remediation Letter
740.610
Contents of No Further Remediation Letter
740.615
Payment of Fees
740.620
Duty to Record No Further Remediation Letter
740.625
Voidance of No Further Remediation Letter
Appendix A Target Compound List
Table A
Volatile Organics Analytical Parameters and Required Quantitation
Limits
Table B
Semivolatile Organic Analytical Parameters and Required Quantitation
Limits
Table C
Pesticide and Aroclors Organic Analytical Parameters and Required
Quantitation Limits
Table D
Inorganic Analytical Parameters and Required Quantitation Limits
Appendix B Review and Evaluation Licensed Professional Engineer Information
22
AUTHORITY: Implementing Sections 58 through 58.12 and authorized by Sections 58.5,
58.6, 58.7, and 58.11 of the Environmental Protection Act [415 ILCS 5/58 through 58.12].
SOURCE: Adopted in R97-11 at 21 Ill. Reg. __________________, effective July1, 1997.
NOTE: Capitalization denotes statutory language. In this Part, the abbreviation μg is used to
indicate micrograms.
SUBPART A: GENERAL
Section 740.100 Purpose
The purpose of this Part is to ESTABLISH PROCEDURES FOR INVESTIGATION AND
REMEDIATION AT SITES WHERE THERE IS A RELEASE, THREATENED RELEASE,
OR SUSPECTED RELEASE OF HAZARDOUS SUBSTANCES, PESTICIDES, OR
PETROLEUM AND FOR THE REVIEW AND APPROVAL OF THOSE ACTIVITIES.
(Section 58.1(a)(1) of the Act)
Section 740.105 Applicability
a)
The procedures set forth in this Part may be used by any person required under
the Act or electing to perform investigative or remedial activities at a site where
there is a release, threatened release, or suspected release of hazardous
substances, pesticides, or petroleum unless:
1)
The site is on the National Priorities List (Appendix B of 40 CFR 300);
2)
The investigative and remedial activities for which Agency review,
evaluation and approval are requested are required under a current State
or federal solid or hazardous waste permit or are closure requirements
for a solid or hazardous waste treatment, storage or disposal site under
applicable State or federal laws and implementing regulations;
3)
The investigative and remedial activities for which Agency review,
evaluation and approval are requested are required under State or federal
underground storage tank laws and implementing regulations; or
4)
The investigative and remedial activities for which Agency review,
evaluation and approval are requested are required by a federal court
order or an order issued by the United States Environmental Protection
Agency and compliance with this Part would be contrary to the terms of
that order.
23
b)
Any person whose site is excluded under subsection (a) may utilize the
provisions of this Part to the extent allowed by federal law, federal
authorization, or by other federal approval.
c)
Any person whose site has previously enrolled in the Agency voluntary program
and whose site is otherwise eligible under Title XVII of the Environmental
Protection Act (Act) [415 ILCS 5] and this Part may elect in accordance with
Section 58.1(b) of the Act to use the procedures provided in this Part. In
determining compliance with Title XVII of the Act and this Part for activities at
such sites, the Agency may accept any documents that are comparable to those
required to be submitted under this Part.
d)
Except for sites excluded under subsection (a), investigative or remedial
activities at agrichemical facilities may be performed under this Part.
e)
All applicable requirements of this Part, including those for plans and reports,
shall be satisfied prior to the issuance of a No Further Remediation Letter.
Section 740.110 Permit Waiver
A STATE PERMIT OR PERMIT REVISION WHICH IS NOT OTHERWISE REQUIRED
BY FEDERAL LAW OR REGULATIONS SHALL NOT BE REQUIRED FOR REMEDIAL
ACTIVITIES UNDERTAKEN PURSUANT TO THE PROVISIONS OF THIS Part THAT
OCCUR ENTIRELY ON THE remediation SITE. (Section 58.4 of the Act)
Section 740.115 Agency Authority
NOTHING IN THIS Part SHALL LIMIT THE AUTHORITY OF THE AGENCY TO
PROVIDE NOTICE UNDER SUBSECTION (q) OF SECTION 4 of the Act OR TO
UNDERTAKE INVESTIGATIVE, PREVENTIVE OR CORRECTIVE ACTION UNDER
ANY OTHER APPLICABLE PROVISIONS OF the ACT. (Section 58.9(e) of the Act) The
Agency may use the procedures of this Part, as appropriate (e.g., service agreements,
determination of remediation objectives, and recording requirements), for remediation sites
where the Remediation Applicant (RA) is seeking a release pursuant to Section 4(y) of the Act.
Section 740.120 Definitions
Except as stated in this Section, or unless a different meaning of a word or term is clear from
the context, the definition of words or terms in this Part shall be the same as that applied to the
same words or terms in the Environmental Protection Act.
"Act" means the Environmental Protection Act [415 ILCS 5].
"AGENCY" MEANS THE ILLINOIS ENVIRONMENTAL PROTECTION
AGENCY. (Section 3.01 of the Act)
24
"Agency travel costs" means costs incurred and documented for travel in
accordance with 80 Ill. Adm. Code 2800 and 3000 by individuals employed by
the Agency. Such costs include costs for lodging, meals, travel, automobile
mileage, vehicle leasing, tolls, taxi fares, parking and miscellaneous items.
"AGRICHEMICAL FACILITY" MEANS A SITE ON WHICH
AGRICULTURAL PESTICIDES ARE STORED OR HANDLED, OR BOTH,
IN PREPARATION FOR END USE, OR DISTRIBUTED. THE TERM
DOES NOT INCLUDE BASIC MANUFACTURING FACILITY SITES.
(Section 58.2 of the Act)
"ASTM" MEANS THE AMERICAN SOCIETY FOR TESTING AND
MATERIALS. (Section 58.2 of the Act)
"Authorized agent" means a person who is authorized by written consent or by
law to act on behalf of an owner, operator, or Remediation Applicant.
"Board" means the Pollution Control Board.
"Contaminant of concern" or "REGULATED SUBSTANCE OF CONCERN"
MEANS ANY CONTAMINANT THAT IS EXPECTED TO BE PRESENT
AT THE SITE BASED UPON PAST AND CURRENT LAND USES AND
ASSOCIATED RELEASES THAT ARE KNOWN TO THE REMEDIATION
APPLICANT BASED UPON REASONABLE INQUIRY. (Section 58.2 of the
Act)
"Costs" means all costs incurred by the Agency in providing services pursuant
to a Review and Evaluation Services Agreement.
“Groundwater management zone” or “GMZ” means a three dimensional region
containing groundwater being managed to mitigate impairment caused by the
release of contaminants of concern at a remediation site.
"Indirect costs" means those costs incurred by the Agency which cannot be
attributed directly to a specific site but are necessary to support the site-specific
activities, including, but not limited to, such expenses as managerial and
administrative services, building rent and maintenance, utilities, telephone and
office supplies.
"Laboratory costs" means costs for services and materials associated with
identifying, analyzing, and quantifying chemical compounds in samples at a
laboratory.
25
"LICENSED PROFESSIONAL ENGINEER" OR "LPE" MEANS A PERSON,
CORPORATION OR PARTNERSHIP LICENSED UNDER THE LAWS OF
THIS STATE TO PRACTICE PROFESSIONAL ENGINEERING. (Section
58.2 of the Act)
"Other contractual costs" means costs for contractual services not otherwise
specifically identified, including, but not limited to, printing, blueprints,
photography, film processing, computer services and overnight mail.
"PERSON" MEANS INDIVIDUAL, TRUST, FIRM, JOINT STOCK
COMPANY, JOINT VENTURE, CONSORTIUM, COMMERCIAL ENTITY,
CORPORATION (INCLUDING A GOVERNMENT CORPORATION),
PARTNERSHIP, ASSOCIATION, STATE, MUNICIPALITY,
COMMISSION, POLITICAL SUBDIVISION OF A STATE, OR ANY
INTERSTATE BODY, INCLUDING THE UNITED STATES
GOVERNMENT AND EACH DEPARTMENT, AGENCY, AND
INSTRUMENTALITY OF THE UNITED STATES. (Section 58.2 of the Act)
"Personal services costs" means costs relative to the employment of individuals
by the Agency. Such costs include, but are not limited to, hourly wages and
fringe benefits.
"PESTICIDE" MEANS ANY SUBSTANCE OR MIXTURE OF
SUBSTANCES INTENDED FOR PREVENTING, DESTROYING,
REPELLING, OR MITIGATING ANY PEST OR ANY SUBSTANCE OR
MIXTURE OF SUBSTANCES INTENDED FOR USE AS A PLANT
REGULATOR, DEFOLIANT OR DESSICANT. (Illinois Pesticide Act [415
ILCS 60/4])
“Practical quantitation limit” or “PQL” or “Estimated quantitation limit” means
the lowest concentration that can be reliably measured within specified limits of
precision and accuracy for a specific laboratory analytical method during routine
laboratory operating conditions in accordance with “Test Methods for
Evaluating Solid Wastes, Physical/Chemical Methods,” EPA Publication No.
SW-846, incorporated by reference at Section 740.125 of this Part. For filtered
water samples, PQL also means the Method Detection Limit or Estimated
Detection Limit in accordance with the applicable method revision in: “Methods
for the Determination of Metals in Environmental Samples,” EPA Publication
No. EPA/600/4-91/010; “Methods for the Determination of Organic
Compounds in Drinking Water,” EPA Publication No. EPA/600/4-88/039;
“Methods for the Determination of Organic Compounds in Drinking Water,
Supplement II,” EPA Publication No. EPA/600/R-92/129; or “Methods for the
Determination of Organic Compounds in Drinking Water, Supplement III,”
EPA Publication No. EPA/600/R-95/131, all of which are incorporated by
reference at Section 740.125 of this Part.
26
"Reasonably obtainable" means that a copy or reasonable facsimile of the record
must be obtainable from a private entity or government agency by request and
upon payment of a processing fee, if any.
"Recognized environmental condition" means the presence or likely presence of
any regulated substance or pesticide under conditions that indicate a release,
threatened release or suspected release of any regulated substance or pesticide
at, on, to or from a remediation site into structures, surface water, sediments,
groundwater, soil, fill or geologic materials. The term shall not include de
minimis conditions that do not present a threat to human health or the
environment.
"REGULATED SUBSTANCE" MEANS ANY HAZARDOUS SUBSTANCE
AS DEFINED UNDER SECTION 101(14) OF THE COMPREHENSIVE
ENVIRONMENTAL RESPONSE, COMPENSATION, AND LIABILITY
ACT OF 1980 (P.L. 96-510) AND PETROLEUM PRODUCTS INCLUDING
CRUDE OIL OR ANY FRACTION THEREOF, NATURAL GAS, NATURAL
GAS LIQUIDS, LIQUEFIED NATURAL GAS, OR SYNTHETIC GAS
USABLE FOR FUEL (OR MIXTURES OF NATURAL GAS AND SUCH
SYNTHETIC GAS). (Section 58.2 of the Act)
"REGULATED SUBSTANCE OF CONCERN" or "contaminant of concern"
MEANS ANY CONTAMINANT THAT IS EXPECTED TO BE PRESENT
AT THE SITE BASED UPON PAST AND CURRENT LAND USES AND
ASSOCIATED RELEASES THAT ARE KNOWN TO THE REMEDIATION
APPLICANT BASED UPON REASONABLE INQUIRY. (Section 58.2 of the
Act)
"RELEASE" MEANS ANY SPILLING, LEAKING, PUMPING, POURING,
EMITTING, EMPTYING, DISCHARGING, INJECTING, ESCAPING,
LEACHING, DUMPING, OR DISPOSING INTO THE ENVIRONMENT,
BUT EXCLUDES ANY RELEASE WHICH RESULTS IN EXPOSURE TO
PERSONS SOLELY WITHIN A WORKPLACE, WITH RESPECT TO A
CLAIM WHICH SUCH PERSONS MAY ASSERT AGAINST THE
EMPLOYER OR SUCH PERSONS; EMISSIONS FROM THE ENGINE
EXHAUST OF A MOTOR VEHICLE, ROLLING STOCK, AIRCRAFT,
VESSEL, OR PIPELINE PUMPING STATION ENGINE; RELEASE OF
SOURCE, BYPRODUCT, OR SPECIAL NUCLEAR MATERIAL FROM A
NUCLEAR INCIDENT, AS THOSE TERMS ARE DEFINED IN THE
FEDERAL ATOMIC ENERGY ACT OF 1954, IF SUCH RELEASE IS
SUBJECT TO REQUIREMENTS WITH RESPECT TO FINANCIAL
PROTECTION ESTABLISHED BY THE NUCLEAR REGULATORY
COMMISSION UNDER SECTION 170 OF SUCH ACT; AND THE
NORMAL APPLICATION OF FERTILIZER. (Section 3.33 of the Act)
27
"REMEDIAL ACTION" MEANS ACTIVITIES ASSOCIATED WITH
COMPLIANCE WITH THE PROVISIONS OF SECTIONS 58.6 AND 58.7 of
the Act, including, but not limited to, the conduct of site investigations,
preparation of work plans and reports, removal or treatment of contaminants,
construction and maintenance of engineered barriers, and/or implementation of
institutional controls. (Section 58.2 of the Act)
"REMEDIATION APPLICANT" OR "RA" MEANS ANY PERSON
SEEKING TO PERFORM OR PERFORMING INVESTIGATIVE OR
REMEDIAL ACTIVITIES UNDER TITLE XVII OF THE ACT INCLUDING
THE OWNER OR OPERATOR OF THE SITE OR PERSONS AUTHORIZED
BY LAW OR CONSENT TO ACT ON BEHALF OF THE OWNER OR
OPERATOR OF THE SITE. (Section 58.2 of the Act)
“Remediation objective” means a goal to be achieved in performing remedial
action, including but not limited to the concentration of a contaminant, an
engineered barrier or engineered control, or an institutional control established
under Section 58.5 of the Act or Section 740.Subpart D of this Part.
“Remediation site” means the single location, place, tract of land, or parcel or
portion of any parcel of property, including contiguous property separated by a
public right-of-way, for which review, evaluation, and approval of any plan or
report has been requested by the Remediation Applicant in its application for
review and evaluation services. This term also includes, but is not limited to,
all buildings and improvements present at that location, place, or tract of land.
“RESIDENTIAL PROPERTY” MEANS ANY REAL PROPERTY THAT IS
USED FOR HABITATION BY INDIVIDUALS, OR where children have the
opportunity for exposure to contaminants through soil ingestion or inhalation at
educational facilities, health care facilities, child care facilities, or outdoor
recreational areas. (Section 58.2 of the Act)
"Review and Evaluation Licensed Professional Engineer" or "RELPE" means
the licensed professional engineer with whom a Remediation Applicant (RA) has
contracted to perform review and evaluation services under the direction of the
Agency.
"SITE" MEANS ANY SINGLE LOCATION, PLACE, TRACT OF LAND OR
PARCEL OF PROPERTY OR PORTION THEREOF, INCLUDING
CONTIGUOUS PROPERTY SEPARATED BY A PUBLIC RIGHT-OF-WAY.
(Section 58.2 of the Act) This term also includes, but is not limited to, all
buildings and improvements present at that location, place or tract of land.
28
Section 740.125 Incorporations by Reference
The Board incorporates the following material by reference. These incorporations include no
later amendments or editions.
a)
ASTM. American Society for Testing Materials, 1916 Race Street,
Philadelphia, PA 19103. (215) 299-5400
ASTM E 1527-94, Standard Practice for Environmental Site
Assessments: Phase I Environmental Site Assessment Process, vol.
11.04, approved April 15, 1994.
b)
U.S. Government Printing Office, Superintendent of Documents, Washington,
D.C. 20402. (202) 783-3238
"Test Methods for Evaluating Solid Wastes, Physical/Chemical
Methods," EPA Publication No. SW-846 (Third Edition (September
1986), as amended by Update I (July 1992)).
c)
NTIS. National Technical Information Service, 5285 Port Royal Road,
Springfield, VA 22161. (703) 487-4600
“Methods for the Determination of Metals in Environmental Samples,”
EPA Publication No. EPA/600/4-91/010 (June 1991);
“Methods for the Determination of Organic Compounds in Drinking
Water,” EPA Publication No. EPA/600/4-88/039 (December 1988)
(revised July 1991);
“Methods for the Determination of Organic Compounds in Drinking
Water, Supplement II,” EPA Publication No. EPA/600/R-92/129
(August 1992);
“Methods for the Determination of Organic Compounds in Drinking
Water, Supplement III,” EPA Publication No. EPA/600/R-95/131
(August 1995).
d)
United States Environmental Protection Agency, Office of Emergency and
Remedial Response, Washington, D.C. 20460.
“A Compendium of Superfund Field Operations Methods,” EPA/540/0-
87-001,OSWER Directive 9355.0-14 (December 1987);
29
“Subsurface Characterization and Monitoring Techniques: A Desk
Reference Guide, Volume I: Solids and Ground Water, Appendices A
and B,” EPA/625/R-93/003a (May 1993);
“Subsurface Characterization and Monitoring Techniques: A Desk
Reference Guide, Volume II: The Vadose Zone, Field Screening and
Analytical Methods, Appendices C and D,” EPA/625/R-93/003b (May
1993).
Section 740.130 Severability
If any Section, subsection, sentence or clause of this Part is judged invalid, such adjudication
shall not affect the validity of this Part as a whole or any Section, subsection, sentence or
clause thereof not judged invalid.
SUBPART B: APPLICATIONS AND AGREEMENTS FOR REVIEW
AND EVALUATION SERVICES
Section 740.200 General
This Subpart sets forth the requirements to be followed by Remediation Applicants (RA) in
applying for review and evaluation services from the Agency, provides for approval or denial
of applications by the Agency, and sets forth the requirements to be followed in entering into
or terminating agreements to provide review and evaluation services and any related services
that the RA may request.
Section 740.205 Submittal of Application and Agreement
Site Remediation Program Applications (Applications) and Review and Evaluation Services
Agreements (Agreements) shall be submitted to the Agency on forms prescribed and provided
by the Agency with attachments as necessary. Applications and Agreements may be combined
into one form. Applications and Agreements shall be mailed or delivered to the address
designated by the Agency on the forms. Requests that are hand-delivered shall be delivered
during the Agency’s normal business hours.
Section 740.210 Contents of Application and Agreement
a)
The Application shall, at a minimum, contain the following information:
1)
The full legal name, address, and telephone number of the RA, the
remediation site owner, if different from the RA, and any authorized
agents acting on behalf of the RA or remediation site owner, and any
contact persons to whom inquiries and correspondence must be
addressed;
30
2)
The original signature of the RA or of the authorized agent acting on
behalf of the RA;
3)
For applicants other than the remediation site owner, written permission
from the owner, or the authorized agent of the owner, for conducting
investigative and remedial activities:
A)
Where the remediation site extends across property boundaries,
written permission must be obtained from the owner of each
affected property;
B)
The written permission shall clearly identify the remediation site
for which services are sought;
C)
The written permission shall contain the original signature of the
owner; and
D)
Where the RA is authorized by law to act on behalf of the owner
of the remediation site, the RA shall provide written
documentation of that authority;
4)
The remediation site address, site name, the Illinois inventory
identification number, if assigned, and the approximate size of the
remediation site in acres;
5)
A statement of the nature of the No Further Remediation Letter
requested:
A)
The statement shall indicate whether the RA is requesting a No
Further Remediation Letter under Section 58.10 of the Act for:
i)
A limited number of recognized environmental conditions
and related contaminants of concern as specified by the
RA and identified by a focused site investigation under
Section 740.430 of this Part; or
ii)
All recognized environmental conditions and related
contaminants of concern for the remediation site as
identified by a comprehensive site investigation under
Section 740.420 of this Part; or
B)
The statement shall indicate whether the RA is requesting a
release under Section 4(y) of the Act;
31
6)
A statement identifying the recognized environmental conditions and
related contaminants of concern for which the RA is seeking the No
Further Remediation Letter as follows:
A)
If the RA is requesting a No Further Remediation Letter under
subsection (a)(5)(A)(i) above, the RA shall specify, to the extent
reasonably possible, the limited recognized environmental
conditions to be addressed, including the related contaminants of
concern; or
B)
If the RA is requesting a No Further Remediation Letter under
subsection (a)(5)(A)(ii) above, the RA shall generally state that
all recognized environmental conditions and related contaminants
of concern identified by the comprehensive site investigation to
be conducted under Section 740.420 of this Part shall be
addressed;
7)
Site base map(s) of sufficient detail and accuracy to show all of the
following:
A)
A distance of at least 1,000 feet around the remediation site at a
scale no smaller than one inch equal to 200 feet;
B)
Map scale, north arrow orientation, date, and location of the site
with respect to township, range and section;
C)
Remediation site boundary lines, with the owners of property
adjacent to the remediation site clearly indicated, if reasonably
identifiable; and
D)
Surrounding land uses (e.g., residential property,
industrial/commercial property, agricultural property, and
conservation property);
8)
Identification of the following:
A)
Any support services being sought from the Agency in addition to
the review and evaluation services; and
B)
Anticipated schedule;
9)
A statement of the current use of the remediation site and of post-
remediation uses;
32
10)
A list of all Agency permits pertaining to the remediation site currently
held by the owner and operator;
11)
The Federal Employer Identification Number (FEIN) or Social Security
Number (SSN) of the RA; and
12)
The signature of the RA certifying the accuracy and completeness of the
application.
b)
The Agreement may include the conditions set forth in subsection (c), as well as
any additional support services to be provided by the Agency, as set forth in
subsection (d) and as may be requested by the RA, and any terms and conditions
necessary to accomplish those services.
c)
EXCEPT FOR SITES EXCLUDED under Section 740.105 or 740.215 of this
Part, THE AGENCY SHALL, SUBJECT TO AVAILABLE RESOURCES,
AGREE TO PROVIDE REVIEW AND EVALUATION SERVICES FOR
ACTIVITIES CARRIED OUT PURSUANT TO THIS Part FOR WHICH THE
RA REQUESTED THE SERVICES in writing. As a condition for providing
services, THE AGENCY MAY REQUIRE THAT THE RA FOR A remediation
SITE:
1)
CONFORM WITH THE PROCEDURES OF the Act and this Part;
2)
ALLOW FOR OR OTHERWISE ARRANGE remediation SITE VISITS
OR OTHER remediation SITE EVALUATION BY THE AGENCY
WHEN SO REQUESTED;
3)
AGREE TO PERFORM THE Remedial Action PLAN AS APPROVED
UNDER THIS Part;
4)
AGREE TO PAY ANY REASONABLE COSTS INCURRED AND
DOCUMENTED BY THE AGENCY IN PROVIDING SUCH
SERVICES pursuant to this Part;
5)
MAKE AN ADVANCE PARTIAL PAYMENT TO THE AGENCY
FOR SUCH ANTICIPATED SERVICES;
A)
An advance partial payment in the amount of $500 may be
submitted along with the Application and Agreement forms; or
B)
The applicant may request on a form provided by the Agency that
the Agency estimate the total costs to the Agency of providing the
requested services and assess an advance partial payment in an
amount acceptable to the Agency but not to exceed $5,000 or
33
one-half of the total anticipated costs of the Agency, whichever is
less;
6)
DEMONSTRATE, IF NECESSARY, AUTHORITY TO ACT ON
BEHALF OF OR IN LIEU OF THE OWNER OR OPERATOR.
(Sections 58.7(b)(1)(A)-(F) of the Act)
d)
In addition to review and evaluation services, the RA may request and the
Agency may provide other types of support services under terms and conditions
agreed to by the parties and set forth in the Agreement. Additional services
offered by the Agency include, but are not limited to:
1)
Sample collection and analyses;
2)
Assistance with community relations; and
3)
Coordination and communication between the RA and other
governmental entities.
Section 740.215 Approval or Denial of Application and Agreement
a)
The Agency shall have 30 days from the receipt of an Application to approve or
deny the Application. The Agency’s record of the date of receipt of an
Application shall be deemed conclusive unless a contrary date is proved by a
dated, signed receipt from the Agency or certified or registered mail. Reasons
for denial of an Application shall include, but not be limited to, the following:
1)
The application is deemed incomplete;
2)
The remediation site or the investigative and remedial activities
requested by the RA do not satisfy the applicability requirements set
forth at Section 740.105 of this Part; or
3)
The Agency does not have the resources available to provide review and
evaluation services as requested in the Application.
b)
The Agency shall notify the RA in writing whether the Application is approved
or denied. The notification shall be made by certified or registered mail
postmarked with a date stamp and with return receipt requested. The Agency’s
final determination shall be deemed to have taken place on the post-marked date
that the notice is mailed. If the Agency denies an Application for services, the
notice of denial shall state the reasons for the denial.
c)
The RA may agree to waive the review deadline under this Section at the
request of the Agency or on its own discretion.
34
d)
Except for denials under subsection (a)(3) above, if the Agency denies an
Application, the RA may, within 35 days after receipt of the final
determination, file an appeal with the Board. If the Agency fails to make the
final determination on an Application within the time frame provided under
subsections (a) or (c) above, that failure shall be deemed a denial of the
Application, which the RA may appeal within 35 days after the expiration of the
deadline. Appeals to the Board shall be in the manner provided for the review
of permit decisions in Section 40 of the Act. If the Application or Agreement is
denied, in lieu of an immediate appeal to the Board, the RA may either resubmit
the Application or Agreement to the Agency or file a joint request for a 90-day
extension in the manner provided for extensions of permit decisions in Section
40 of the Act [415 ILCS 5/40].
Section 740.220 Acceptance and Modification of Application and Agreement
a)
A signed Agreement shall become effective upon approval by the Agency of the
Application and the receipt of the advance partial payment in an amount
determined under Section 740.210(c) of this Part.
b)
Upon approval of the Application and receipt of the signed Agreement and
advance partial payment, recordkeeping for services conducted by the Agency
shall be initiated as provided in Subpart C of this Part.
c)
Modifications to the Application or Agreement shall be by mutual agreement of
the parties and may be initiated by the RA or the Agency at any time. All
modifications to the Application or Agreement shall be in writing and shall
become effective upon signing by the RA and acceptance by the Agency unless
another date is provided in the modification.
d)
If the Agency denies any request for modifications to the Application or
Agreement, the RA may file an appeal within 35 days after receipt of notice of
the Agency’s denial. Appeals to the Board shall be in the manner provided for
the review of permit decisions in Section 40 of the Act. If any request for
modifications to the Application or Agreement is denied, in lieu of an
immediate appeal to the Board, the RA may either resubmit the request for
modification to the Agency or file a joint request for a 90-day extension in the
manner provided for extensions of permit decisions in Section 40 of the Act
[415 ILCS 5/40].
35
Section 740.225 Termination of Agreement by the Remediation Applicant (RA)
a)
AN RA REQUESTING SERVICES UNDER this Part MAY, AT ANY TIME,
NOTIFY THE AGENCY, IN WRITING, THAT AGENCY SERVICES
PREVIOUSLY REQUESTED ARE NO LONGER WANTED. WITHIN 180
DAYS AFTER RECEIPT OF THE NOTICE, THE AGENCY SHALL
PROVIDE THE RA WITH A FINAL INVOICE FOR SERVICES PROVIDED
UNTIL THE DATE OF receipt of SUCH NOTIFICATION. (Section
58.7(b)(3) of the Act)
b)
Within 45 days after the receipt of a final invoice prepared under subsection (a)
above and Section 740.310 of this Part, the RA shall submit full payment to the
Agency for any unpaid oversight costs the Agency has identified in the invoice.
Submittal and manner of payment shall be as provided under Sections 740.315
and 740.320 of this Part.
c)
Upon finding that the RA has paid all oversight costs, the Agency shall notify
the RA in writing by certified mail, return receipt requested, that the Agreement
is terminated.
Section 740.230 Termination of Agreement by the Agency
a)
The Agency may terminate the Review and Evaluation Services Agreement if
the RA:
1)
Fails to comply with the requirements of Title XVII of the Act or this
Part;
2)
Violates any terms or conditions or fails to fulfill any obligations of the
Agreement;
3)
Fails to proceed in a timely and appropriate manner consistent with the
schedule set forth in the Application, Remedial Action Plan, or as
subsequently modified by agreement with the Agency; or
4)
Fails to address an imminent and substantial threat to human life, health
or the environment in a timely and effective manner.
b)
Prior to termination of an Agreement the Agency shall notify the RA in writing
of its intention to terminate the Agreement and the reasons for the intended
termination. Except for terminations under subsection (a)(4) above, the Agency
shall provide the RA with a reasonable opportunity of not less than 15 days to
correct deficiencies.
36
c)
The Agency shall notify the RA in writing of its final decision to terminate the
Agreement. The notice of termination shall be made in accordance with Section
740.215(b) of this Part. The notice of termination shall state the reasons for the
termination.
d)
Except for terminations under subsection (a)(4) above, if the Agency terminates
an Agreement, the RA may, within 35 days after receipt of the final
determination, file an appeal with the Board. Appeals to the Board shall be in
the manner provided for the review of permit decisions in Section 40 of the Act.
In lieu of an immediate appeal to the Board, the RA may file a joint request for
a 90-day extension of the time to file an appeal in the manner provided for
extensions of permit decisions in Section 40 of the Act [415 ILCS 5/40].
e)
A request for payment for all unpaid costs incurred by the Agency under the
Agreement to the date of termination may be included with the notice of
termination or may be sent as soon thereafter as practicable, but no later than
180 days after the Agency’s issuance of the notice of termination. The request
for payment shall comply with Section 740.310 of this Part. Within 45 days
after the receipt of the request for payment the RA shall submit full payment to
the Agency. Submittal and manner of payment shall be as provided in Sections
740.315 and 740.320 of this Part.
Section 740.235 Use of Review and Evaluation Licensed Professional Engineer (RELPE)
AN RA MAY ELECT TO CONTRACT WITH A LICENSED PROFESSIONAL ENGINEER
WHO WILL PERFORM REVIEW AND EVALUATION SERVICES ON BEHALF OF AND
UNDER THE DIRECTION OF THE AGENCY RELATIVE TO THE SITE ACTIVITIES.
(Section 58.7(c) of the Act)
a)
Prior to entering into a contract with an RA under this Part, the Review and
Evaluation Licensed Professional Engineer (RELPE) shall provide the RA with
the information detailed in Part 740.Appendix B.
b)
PRIOR TO ENTERING INTO THE CONTRACT WITH THE RELPE, THE
RA SHALL NOTIFY THE AGENCY OF THE RELPE TO BE SELECTED.
In making the notification, the RA shall submit the information detailed in Part
740.Appendix B as provided by the RELPE. THE AGENCY AND THE RA
SHALL DISCUSS THE POTENTIAL TERMS OF THE CONTRACT.
(Section 58.7(c)(1) of the Act)
c)
AT A MINIMUM, THE CONTRACT WITH THE RELPE SHALL PROVIDE
THAT THE RELPE WILL SUBMIT ANY plans or REPORTS DIRECTLY TO
THE AGENCY, WILL TAKE HIS OR HER DIRECTIONS FOR WORK
ASSIGNMENTS FROM THE AGENCY, AND WILL PERFORM THE
37
ASSIGNED WORK ON BEHALF OF THE AGENCY. (Section 58.7(c)(2) of
the Act)
1)
The contract with the RELPE shall set forth the scope of work for which
the RA has engaged the RELPE and the effective date of the contract.
2)
Costs incurred by the RELPE shall be paid directly to the RELPE by the
RA as provided in the contractual agreement between the RA and the
RELPE.
3)
The Agency shall not be liable for any activities conducted by the
RELPE or for any costs incurred by the RELPE.
d)
REASONABLE COSTS INCURRED BY THE AGENCY for oversight of the
RELPE and its review and evaluation services SHALL BE PAID BY THE RA
DIRECTLY TO THE AGENCY IN ACCORDANCE WITH THE TERMS OF
THE REVIEW AND EVALUATION SERVICES AGREEMENT ENTERED
INTO UNDER this Part. (Section 58.7(c)(3) of the Act)
e)
IN NO EVENT SHALL THE RELPE ACTING ON BEHALF OF THE
AGENCY BE AN EMPLOYEE OF THE RA OR THE OWNER OR
OPERATOR OF THE SITE OR BE AN EMPLOYEE OF ANY OTHER
PERSON THE RA HAS CONTRACTED TO PROVIDE SERVICES
RELATIVE TO THE SITE. (Section 58.7(c)(4) of the Act)
SUBPART C: RECORDKEEPING, BILLING AND PAYMENT
Section 740.300 General
This Subpart sets forth the requirements to be followed in requesting and submitting payments
for Agency costs incurred under this Part.
Section 740.305 Recordkeeping for Agency Services
a)
Costs incurred by the Agency shall be tracked within the Agency by the
use of site-specific codes. The following types of costs shall be
documented as applicable:
1)
Personal services costs and indirect costs;
2)
Agency travel costs;
3)
Professional and artistic services contractual costs;
4)
Laboratory costs;
38
5)
Other contractual costs; and
6)
Other costs as agreed.
b)
Vouchers associated with review and evaluation services for sites under
this Part shall be identified by the assigned site-specific codes.
c)
All Agency personnel performing review and evaluation services or
other support services for a site under this Part shall allocate their time
to that site using the assigned site-specific codes.
Section 740.310 Request for Payment
a)
The Agency shall prepare a written request for payment for costs
incurred for services provided under the Agreement. Costs shall be
documented, and the documentation shall be made available to the RA
upon written request. Requests for payment shall be submitted to the
RA no more than quarterly unless the request is at the conclusion or
termination of an Agreement.
b)
The first request for payment shall reflect the deduction of any advance
partial payment from the costs incurred. A request for payment shall not
be sent until the advance partial payment has been depleted.
c)
Within 35 days after the receipt of a request for payment, the RA may appeal
the reasonableness of any request for payment. Appeals of any request which
do not exceed, in the aggregate, the Agency’s cost estimate provided under
Section 740.210(c)(5) or $5,000, whichever is greater, shall be limited to the
grounds that the services on which the request is based were not actually
performed. Appeals to the Board shall be in the manner provided for the
review of permit decisions in Section 40 of the Act. In lieu of an immediate
appeal to the Board, the RA may file a joint request for a 90-day extension of
the time to file an appeal in the manner provided for extensions of permit
decisions in Section 40 of the Act [415 ILCS 5/40].
Section 740.315 Submittal of Payment
Unless appealed in accordance with Section 740.310(c) of this Part, payments for costs
incurred by the Agency for the performance of services under this Part shall be submitted to
the Agency within 45 days after receipt of the request for payment, except for advance partial
payments, which may be submitted along with the Application and Agreement or subsequent to
the receipt of the Agency’s determination under Section 740.210(b)(2)(E)(ii) of this Part.
39
Section 740.320 Manner of Payment
Payment shall be made by check or money order made payable to "Treasurer - State of
Illinois, For Deposit in the Hazardous Waste Fund." The check or money order shall include
the Illinois inventory identification number and the Federal Employer Identification Number or
Social Security Number of the RA entering into an Agreement under this Part. Payment shall
be mailed or delivered to the address designated by the Agency in the request for payment.
Payments that are hand-delivered shall be delivered during the Agency’s normal business
hours.
SUBPART D: SITE INVESTIGATIONS, DETERMINATION OF REMEDIATION
OBJECTIVES, PREPARATION OF PLANS AND REPORTS
Section 740.400 General
This Subpart sets forth the requirements for site investigations, determination of remediation
objectives, and the form and content of plans and reports submitted to the Agency under this
Part.
Section 740.405 Conduct of Site Activities and Preparation of Plans and Reports by Licensed
Professional Engineer (LPE)
All remediation site activities shall be conducted by, or under the supervision of, a Licensed
Professional Engineer (LPE). All plans and reports submitted for review and evaluation shall
be prepared by, or under the supervision of, an LPE.
Section 740.410 Form and Delivery of Plans and Reports, Signatories and Certifications
a)
All plans and reports prepared under this Part shall be submitted to the Agency
on forms prescribed and provided by the Agency with attachments and
accompanying documentation as necessary. Plans and reports shall be mailed or
delivered to the address designated by the Agency on the forms. Plans and
reports that are hand-delivered to the Agency shall be delivered during the
Agency’s normal business hours.
b)
All plans and reports submitted to the Agency shall include:
1)
The full legal name, address and telephone number of the Remediation
Applicant (RA) or any authorized agent acting on behalf of the RA, and
any contact persons to whom inquiries and correspondence must be
addressed;
2)
The original signature of the RA or of any authorized agent acting on
behalf of the RA;
40
3)
The name of the LPE responsible for site activities and preparation of
the plan or report, the date of preparation, registration number, license
expiration date, and professional seal; and
4)
Except as provided in subsection (c) below, the LPE responsible for the
site investigations, remedial activities, and preparation of the plans or
reports shall affirm by original signature as follows:
I attest that all site investigations or remedial activities that are the
subject of this plan or report were performed under my direction and this
document and all attachments were prepared under my direction or
reviewed by me, and, to the best of my knowledge and belief, the work
described in the plan or report has been designed or completed in
accordance with the Act, 35 Ill. Adm. Code 740, and generally accepted
engineering practices, and the information presented is accurate and
complete.
c)
If the investigation relies in whole or in part upon investigations or remedial
activities conducted before the affirming LPE's assumption of responsibility for
site activities, then the LPE is not required to affirm that those portions of the
investigation or remedial activities were carried out under his or her direction.
However, the LPE shall review the documentation of the prior investigations or
remedial activities and evaluate their suitability for compliance with Title XVII
of the Act and this Part. Such information may be submitted to the Agency for
consideration along with the LPE’s written evaluation of suitability, but the
Agency shall not be required to accept the information as evidence of
compliance with any requirements of the Act or this Part.
d)
The RA MAY ELECT TO PREPARE AND SUBMIT FOR REVIEW AND
APPROVAL ANY AND ALL REPORTS AND PLANS REQUIRED UNDER
THIS Part INDIVIDUALLY FOLLOWING THE COMPLETION OF EACH
SUCH ACTIVITY or CONCURRENTLY FOLLOWING THE COMPLETION
OF ALL ACTIVITIES, OR IN ANY OTHER COMBINATION. (Section
58.6(f) of the Act)
Section 740.415 Site Investigation -- General
A site investigation shall be performed under this Part to identify, as indicated within the RA’s
application for review and evaluation services, all or specified recognized environmental
conditions existing at the remediation site, the related contaminants of concern, and associated
factors that will aid in the identification of risks to human health, safety and the environment,
the determination of remediation objectives, and the design and implementation of a Remedial
Action Plan.
41
a)
If the RA has elected under the application for review and evaluation services to
obtain a No Further Remediation Letter covering all recognized environmental
conditions and related contaminants of concern for the remediation site, then the
procedures provided under Sections 740.420 and 740.425 of this Part shall be
followed.
b)
If the RA has elected under the application for review and evaluation services to
obtain a No Further Remediation Letter covering a limited number of
recognized environmental conditions and related contaminants of concern as
specified by the RA, then the procedures at Sections 740.430 and 740.435 of
this Part shall be followed.
c)
The RA may revise an election at anytime by initiating a modification of the
Review and Evaluation Services Agreement under Section 740.220 of this Part
and performing the appropriate site investigation, if necessary.
d)
Site investigations shall satisfy the following data quality objectives for field and
laboratory operations to ensure that all data is scientifically valid and of known
precision and accuracy:
1)
All field sampling activities relative to sample collection, documentation,
preparation, labeling, storage, shipment and security, quality assurance
and quality control, acceptance criteria, corrective action, and
decontamination procedures shall be conducted in accordance with "Test
Methods for Evaluating Solid Waste, Physical/Chemical Methods” (SW-
846), Vol. One, Ch. One (Quality Control) and Vol. Two (Field
Manual), incorporated by reference at Section 740.125 of this Part. If
approved by the Agency, such activities also may be conducted in
accordance with ASTM standards, methods identified in “A
Compendium of Superfund Field Operations Methods” (EPA/540/0-87-
001,OSWER Directive 9355.0-14, December 1987), “Subsurface
Characterization and Monitoring Techniques: A Desk Reference Guide,
Volume I: Solids and Ground Water, Appendices A and B”
(EPA/625/R-93/003a, May 1993), “Subsurface Characterization and
Monitoring Techniques: A Desk Reference Guide, Volume II: The
Vadose Zone, Field Screening and Analytical Methods, Appendices C
and D” (EPA/625/R-93/003b, May 1993), or other procedures.
2)
All field measurement activities relative to equipment and instrument
operation, calibration and maintenance, corrective action, and data
handling shall be conducted in accordance with "Test Methods for
Evaluating Solid Waste, Physical/Chemical Methods” (SW-846), Vol.
One, Ch. One (Quality Control), incorporated by reference at Section
740.125 of this Part, or with an equipment or instrument manufacturer’s
or vendor’s published standard operating procedures.
42
3)
All laboratory quantitative analysis of samples to determine
concentrations of regulated substances or pesticides shall be conducted
fully in accordance with "Test Methods for Evaluating Solid Waste,
Physical/Chemical Methods” (SW-846), incorporated by reference at
Section 740.125 of this Part, relative to all facilities, equipment and
instrumentation, operating procedures, sample management, test
methods, equipment calibration and maintenance, quality assurance and
quality control, corrective action, data reduction and validation,
reporting, and records management. The practical quantitation limit
(PQL) of the test methods selected must be less than or equal to the PQL
for the Target Compound List at Appendix A of this Part, or, if the site
remediation objective concentrations have been determined, the PQL
must be less than or equal to the remediation objective concentrations for
the site.
4)
All field or laboratory measurements of samples to determine physical or
geophysical characteristics shall be conducted in accordance with ASTM
standards or other procedures as approved by the Agency.
5)
All laboratory quantitative analyses of samples to determine
concentrations of any regulated substances or pesticides that require
more exacting detection limits or cannot be analyzed by standard
methods identified in "Test Methods for Evaluating Solid Waste,
Physical/Chemical Methods” (SW-846), incorporated by reference at
Section 740.125 of this Part, shall be conducted in accordance with
analytical protocols developed in consultation with and approved by the
Agency.
Section 740.420 Comprehensive Site Investigation
The comprehensive site investigation is designed to identify all recognized environmental
conditions and all related contaminants of concern that may be expected to exist at a
remediation site. The comprehensive site investigation shall be performed in two phases as set
forth below.
a)
Unless an alternative is approved by the Agency, the phase I environmental site
assessment shall be designed and implemented in accordance with the
procedures for such assessments set forth in “Standard Practice for
Environmental Site Assessments: Phase I Environmental Site Assessment
Process” (ASTM E 1527-94), incorporated by reference at Section 740.125 of
this Part.
b)
The phase II environmental site assessment shall determine the nature,
concentration, direction and rate of movement, and extent of the contaminants
43
of concern at the remediation site and the significant physical features of the
remediation site and vicinity that may affect contaminant fate and transport and
risk to human health, safety and the environment. At a minimum, the phase II
environmental site assessment shall include:
1)
Sampling, analyses, and field screening measurements indicating the
concentrations of contaminants, if any, from the Target Compound List
at Appendix A of this Part and any other contaminants whose presence
has been indicated by the phase I environmental site assessment. Based
on the phase I environmental site assessment, the Agency may add or
delete contaminants from the Target Compound List for sampling,
analyses, and field screening measurements;
2)
Characterization of sources and potential sources of recognized
environmental conditions and the related contaminants of concern,
identifying:
A)
The sources or potential sources of contamination;
B)
The contaminants of concern;
C)
Statutory or regulatory classification of the contaminants of
concern and contaminated materials (e.g., hazardous waste,
hazardous substance, special waste);
3)
Characterization of the extent of contaminants of concern, identifying:
A)
The actual contaminated medium or media;
B)
The three-dimensional configuration of contaminants of concern
with concentrations delineated; and
C)
The nature, direction, and rate of movement of the contaminants
of concern;
4)
Characterization of present and post-remediation exposure routes,
identifying:
A)
All natural and man-made pathways that are on the remediation
site, in rights-of-way attached to the remediation site, or in any
areas surrounding the remediation site that may be adversely
affected as a result of a release from the recognized
environmental conditions and whether there is evidence of
migration of contaminants of concern, in either solution or
vapors, along such pathways that may potentially threaten human
44
or environmental receptors or that may cause explosions in
basements, crawl spaces, utility conduits, storm or sanitary
sewers, vaults or other spaces;
B)
The locations of any human and environmental receptors and
receptor exposure routes; and
C)
Current and post-remediation uses of affected or potentially
affected land, groundwater, surface water, and sensitive habitats;
and
5)
Characterization of significant physical features of the remediation site
and vicinity that may affect contaminant fate and transport and risk to
human health, safety and the environment.
Section 740.425 Site Investigation Report -- Comprehensive Site Investigation
a)
Site investigation results for both phase I and phase II of the comprehensive site
investigation shall be combined into one Site Investigation Report.
b)
A Site Investigation Report for a comprehensive site investigation shall include,
but not be limited to, the following chapters:
1)
Executive summary. This chapter shall identify the objectives of the site
investigation and the technical approach utilized to meet such objectives.
It shall state whether recognized environmental conditions were
identified and the data limitations in the assessment;
2)
Site characterization. This chapter shall include the compilation of all
sources reviewed and information obtained as a result of the site
investigation under Section 740.420 of this Part, including but not
limited to:
A)
Sources consulted or reviewed. This subchapter shall contain a
list of reference documents used in completing the site
investigation;
B)
Site history. This subchapter shall present a chronological
summary of the historic uses of the remediation site as prescribed
by “Standard Practice for Environmental Site Assessments: Phase
I Environmental Site Assessment Process” (ASTM E 1527-94),
incorporated by reference at Section 740.125 of this Part;
C)
Site description. This subchapter shall describe the regional
location, pertinent boundary features, general facility
45
physiography, geology, hydrogeology, existing and potential
migration pathways and exposure routes, and current and post-
remediation uses of the remediation site and surrounding areas
that are immediately adjacent to the remediation site;
D)
Site base map(s) meeting the requirements of Section
740.210(a)(7) and including the following:
i)
The sources or potential sources of the contaminants of
concern, spill areas, and other suspected areas for any or
all contaminants of concern;
ii)
On-site and off-site injection and withdrawal wells; and
iii)
All buildings, tanks, piles, utilities, paved areas,
easements, rights-of-way and other features, including all
known past and current product and waste underground
tanks or piping; and
E)
A legal description or reference to a plat showing the boundaries
of the remediation site;
3)
Site-specific sampling plan. This chapter shall indicate those applicable
physical and chemical methods utilized for contaminant source
investigations, soil and sediment investigations, hydrogeological
investigations, surface water investigations, and potential receptor
investigations;
4)
Documentation of field activities. This chapter shall include the results
of the field activities to determine physical characteristics. At a
minimum, this chapter shall include the following elements:
A)
Narrative description of the field activities conducted during the
investigation;
B)
The quality assurance project plan utilized to document all
monitoring procedures (e.g., sampling, field measurements and
sample analyses) performed during the investigation, so as to
ensure that all information, data and resulting decisions are
technically sound, statistically valid, and properly documented;
and
C)
Presentation of the data in an appropriate format (e.g., tabular
and graphical displays) such that all information is organized and
46
presented logically and that relationships between the different
investigations for each medium are apparent;
5)
Endangerment assessment. This chapter shall analyze the results of the
field activities and characterize the extent of contamination (qualitative
and quantitative) for contaminants of concern and compare the
remediation site information with the applicable provisions of 35 Ill.
Adm. Code 742. This chapter shall:
A)
Describe any recognized environmental conditions, evaluate
exposure routes, including threatened releases, and evaluate
exposure routes excluded under 35 Ill. Adm. Code 742;
B)
Describe all conditions the LPE has determined to be de minimis
along with the rationale for each such de minimis determination;
C)
Describe the nature, concentration and extent of contaminants of
concern within all environmental media at the remediation site
and assess the observed and potential contaminant fate and
transport;
D)
Describe the significant physical features of the remediation site
and vicinity that may affect contaminant transport and risk to
human health, safety and the environment; and
E)
Compare the concentrations of the contaminants of concern with
the corresponding Tier 1 remediation objectives under 35 Ill.
Adm. Code 742;
6)
Conclusion. This chapter shall assess the sufficiency of the data in the
report and recommend future steps;
7)
Appendices. References and data sources, including but not limited to
field logs, well logs, and reports of laboratory analyses, shall be
incorporated into the appendices; and
8)
Licensed Professional Engineer affirmation in accordance with Section
740.410 of this Part.
Section 740.430 Focused Site Investigation
The focused site investigation shall be performed where the RA has specified limitations on the
recognized environmental conditions or contaminants of concern to be covered by the No
Further Remediation Letter. At a minimum the focused site investigation shall include:
47
a)
A remediation site evaluation to identify the following features as relevant to the
focus of the investigation:
1)
Current and post-remediation use(s) of the remediation site and
surrounding areas that are immediately adjacent to the remediation site;
2)
Physical setting including features relevant to geologic, hydrogeologic,
hydrologic, and topographic conditions; structures or other
improvements on the remediation site; public thoroughfares adjoining the
remediation site, as well any roads, streets, and parking facilities on the
remediation site; utilities located on or adjacent to the remediation site;
source of potable water supply; and sewage disposal system;
3)
The presence of containers and storage tanks containing the selected
contaminants of concern, including contents, and assessment of leakage
or potential for leakage; and
4)
Any other environmental, geologic, geographic, hydrologic or physical
conditions of concern at the remediation site and surrounding areas
immediately adjacent to the remediation site;
b)
Review of reasonably obtainable records relevant to the recognized
environmental conditions and the related contaminants of concern for the
remediation site and areas immediately adjacent to the remediation site, records
of environmental enforcement actions and their subsequent responses, any
previous response actions conducted by either local, State, federal or private
parties, and a list of documents and studies prepared for the remediation site;
c)
Characterization of sources and potential sources of recognized environmental
conditions and the related contaminants of concern, identifying:
1)
The sources or potential sources of the contaminants of concern;
2)
The sampling, analyses, and field screening measurements indicating the
concentrations of the contaminants of concern; and
3)
The statutory or regulatory classification of the contaminants of concern
and contaminated materials (e.g., hazardous waste, hazardous substance,
special waste);
d)
Characterization of the extent of the contaminants of concern, identifying:
1)
The actual contaminated medium or media of concern;
48
2)
The three-dimensional configuration of the contaminants of concern with
concentrations delineated; and
3)
The nature, direction, and rate of movement of the contaminants of
concern and degradation products;
e)
Characterization of current and post-remediation exposure routes, identifying:
1)
All natural and man-made pathways that are on the remediation site, in
rights-of-way attached to the remediation site, or in any areas
surrounding the remediation site that may be adversely affected as a
result of a release from the recognized environmental conditions and
whether there is evidence of migration of contaminants of concern, in
either solution or vapors, along such pathways that may potentially
threaten human or environmental receptors or that may cause explosions
in basements, crawl spaces, utility conduits, storm or sanitary sewers,
vaults or other spaces;
2)
The locations of any human and environmental receptors and receptor
exposure routes; and
3)
Current and post-remediation uses of affected or potentially affected
land, groundwater, surface water, and sensitive habitats; and
f)
Characterization of significant physical features of the site and vicinity that may
affect contaminant transport and risk to human health, safety and the
environment.
Section 740.435 Site Investigation Report -- Focused Site Investigation
a)
Data and results from the focused site investigation shall be combined into one
Site Investigation Report.
b)
A Site Investigation Report for the focused site investigation shall include the
results and methodologies of the investigation performed pursuant to Section
740.430 of this Part and the following chapters:
1)
Executive summary. This chapter shall identify the objectives of the site
investigation and the technical approach utilized to meet such objectives.
It shall state the recognized environmental conditions and related
contaminants of concern specified by the RA and the data limitations in
the assessment;
2)
Site description.
49
A)
If a phase I environmental site assessment has been completed in
accordance with Section 740.420(a) of this Part, then the results
may be submitted in accordance with Section 740.425 of this
Part;
B)
This subchapter shall state the method used for the evaluation of
the remediation site and areas immediately adjacent to the
remediation site and document the observations obtained (e.g.,
grid patterns or other systematic approaches used for large
properties). It shall describe the regional location, pertinent
boundary features, general facility physiography, geology,
hydrogeology, and current and post-remediation uses of the
remediation site and areas immediately adjacent to the
remediation site;
C)
Site base map(s) meeting the requirements of Section
740.210(a)(7) and including the following:
i)
The sources or potential sources of the contaminants of
concern, spill areas, and other suspected areas for the
specified contaminants of concern;
ii)
On-site and off-site injection and withdrawal wells; and
iii)
All buildings, tanks, piles, utilities, paved areas,
easements, rights-of-way and other features, including all
known past and current product and waste underground
tanks or piping;
D)
A legal description or reference to a plat showing the boundaries
of the remediation site;
3)
Enforcement or response actions. This chapter shall include the
following information as relevant to the recognized environmental
conditions:
A)
A summary of environmental enforcement actions for the
remediation site and areas immediately adjacent to the
remediation site and their subsequent responses;
B)
Any previous response actions conducted by either local, State,
federal or private parties at those sites; and
C)
A list of documents and studies prepared for those sites;
50
4)
Site-specific sampling plan. This chapter shall indicate those applicable
physical and chemical methods utilized for contaminant source
investigations, soil and sediment investigations, hydrogeological
investigations, surface water investigations, and potential receptor
investigations;
5)
Documentation of field activities. This chapter shall include the results
of the field activities to determine physical characteristics. At a
minimum, this chapter shall include the following elements:
A)
Narrative description of the field activities conducted during the
investigation;
B)
The quality assurance project plan utilized to document all
monitoring procedures (e.g., sampling, field measurements and
sample analysis) performed during the investigation, so as to
ensure that all information, data and resulting decisions are
technically sound, statistically valid, and properly documented;
and
C)
Presentation of the data in an appropriate format (e.g., tabular
and graphical displays) such that all information is organized and
presented logically and that relationships between the different
investigations for each medium are apparent;
6)
Endangerment assessment. This chapter shall analyze the results of the
field activities and characterize the extent of contamination (qualitative
and quantitative) for contaminants of concern related to the recognized
environmental conditions and compare the site information with the
applicable provisions of 35 Ill. Adm. Code 742. This chapter shall:
A)
Describe any recognized environmental conditions, evaluate
exposure routes, including threatened releases, and evaluate
exposure routes excluded under 35 Ill. Adm. Code 742;
B)
Describe the nature, concentration and extent of contaminants of
concern within all environmental media at the remediation site
and assess the observed and potential contaminant fate and
transport;
C)
Describe the significant physical features of the remediation site
and vicinity that may affect contaminant transport and risk to
human health, safety and the environment; and
51
D)
Compare the concentrations of the contaminants of concern with
the corresponding Tier 1 remediation objectives under 35 Ill.
Adm. Code 742;
7)
Conclusion. This chapter shall assess the sufficiency of the data in the
report and recommend future steps;
8)
Appendices. Supporting documentation, references and data sources,
including, but not limited to, field logs, well logs, and reports of
laboratory analyses, shall be incorporated into the appendices; and
9)
Licensed Professional Engineer affirmation in accordance with Section
740.410 of this Part.
Section 740.440 Determination of Remediation Objectives
a)
If the site investigation reveals evidence of the existence of one or more
contaminants of concern, the RA shall develop remediation objectives in
accordance with 35 Ill. Adm. Code 742 or other remediation measures as
appropriate (e.g., removal of drums threatening a release).
b)
Where there will be no reliance on an institutional control to achieve
compliance, or where an institutional control will be relied upon to limit site use
to industrial/commercial use, compliance with remediation objectives shall be
demonstrated as follows:
1)
For groundwater remediation objectives:
A)
Sampling points shall be located on the remediation site in areas
where, following site investigation under Subpart D of this Part,
concentrations of contaminants of concern exceeded remediation
objectives.
B)
Compliance with the groundwater remediation objectives at
applicable sampling points shall be determined in accordance with
35 Ill. Adm. Code 742.225.
2)
For soil remediation objectives:
A)
Sampling points shall be located on the remediation site in areas
where, following site investigation under Subpart D of this Part,
concentrations of concern exceeded remediation objectives.
52
B)
Compliance with soil remediation objectives at applicable
sampling points shall be determined in accordance with 35 Ill.
Adm. Code 742.225.
c)
Where an institutional control or remediation measure will be relied upon to
achieve compliance, compliance shall be determined based on approval by the
Agency of the institutional control or remediation measure and the timely
implementation of the institutional control or remediation measure (e.g., if an
institutional control prohibiting the use of groundwater within the boundaries of
the remediation site as a potable water supply is obtained under 35 Ill. Adm.
Code 742.Subpart J, sampling points shall be located at the boundary of the
remediation site).
d)
Upon completing the determination of remediation objectives, the RA shall
compile the information into a Remediation Objectives Report meeting the
requirements of Section 740.445 of this Part for submittal to the Agency.
Section 740.445 Remediation Objectives Report
The Remediation Objectives Report shall address the recognized environmental condition(s)
and related contaminants of concern that were identified in the site investigation conducted
pursuant to this Part.
a)
If an exposure route is to be excluded, the RA shall prepare a Remediation
Objectives Report demonstrating that the requirements for excluding an
exposure route under 35 Ill. Adm. Code 742 have been satisfied.
b)
If the RA elects to use the Tier 1 remediation objectives under 35 Ill. Adm.
Code 742, the RA shall prepare a Remediation Objectives Report stating the
applicable remediation objectives for the contaminants of concern.
c)
If the RA elects to develop remediation objectives appropriate for the
remediation site using Tier 2 or Tier 3 procedures under 35 Ill. Adm. Code
742, the RA shall prepare a Remediation Objectives Report demonstrating
compliance with those procedures.
d)
If the RA elects to develop remediation objectives appropriate for the
remediation site using the area background procedures under 35 Ill. Adm. Code
742, the RA shall prepare a Remediation Objectives Report demonstrating
compliance with those procedures.
e)
If the recognized environmental condition requires remediation measures other
than, or in addition to, remediation objectives determined under 35 Ill. Adm.
Code 742 (e.g., removal of drums threatening a release), the Remediation
53
Objectives Report shall describe those measures and demonstrate that the
measures selected:
1)
Will prevent or eliminate the identified threat to human health and the
environment;
2)
Are technically feasible and can be implemented without creating
additional threats to human health and the environment; and
3)
Are not inconsistent with the Act and applicable regulations.
f)
IN THE EVENT THAT THE AGENCY HAS DETERMINED IN WRITING
THAT THE BACKGROUND LEVEL FOR A REGULATED SUBSTANCE or
pesticide POSES AN ACUTE THREAT TO HUMAN HEALTH OR THE
ENVIRONMENT AT THE SITE WHEN CONSIDERING THE POST-
REMEDIAL ACTION LAND USE, THE RA SHALL DEVELOP
APPROPRIATE RISK-BASED REMEDIATION OBJECTIVES IN
ACCORDANCE WITH subsections (a), (b) and/or (c) above. (Section
58.5(b)(3) of the Act)
g)
The Remediation Objectives Report shall contain the affirmation of a Licensed
Professional Engineer(s) in accordance with Section 740.410 of this Part.
Section 740.450 Remedial Action Plan
IF THE APPROVED REMEDIATION OBJECTIVES FOR ANY REGULATED
SUBSTANCE of concern ESTABLISHED UNDER Sections 740.440 and 740.445 of this Part
ARE LESS THAN THE LEVELS AT THE remediation SITE PRIOR TO ANY REMEDIAL
ACTION, THE RA SHALL PREPARE A REMEDIAL ACTION PLAN. THE PLAN
SHALL DESCRIBE THE proposed REMEDY AND EVALUATE ITS ABILITY AND
EFFECTIVENESS TO ACHIEVE THE REMEDIATION OBJECTIVES APPROVED FOR
THE remediation SITE (Section 58.6(d) of the Act), including but not limited to:
a)
Executive summary. This chapter shall identify the objectives of the Remedial
Action Plan and the technical approach utilized to meet such objectives. At a
minimum, this chapter shall include the following elements:
1)
The major components (e.g., treatment, containment, removal actions)
of the Remedial Action Plan;
2)
The scope of the problems to be addressed by the proposed remedial
action(s) including the specific contaminants of concern and the physical
area to be addressed by the Remedial Action Plan; and
3)
Schedule of activities;
54
b)
Statement of remediation objectives or reference to Remediation Objectives
Report;
c)
Remedial technologies selected. This chapter shall describe how each major
remedial technology identified in the Remedial Action Plan fits into the overall
strategy for addressing the recognized environmental conditions at the
remediation site, including but not limited to:
1)
Feasibility of implementation;
2)
Whether the technologies will perform satisfactorily and reliably until
the remediation objectives are achieved; and
3)
Whether remediation objectives will be achieved within a reasonable
period of time;
d)
Confirmation sampling plan. This chapter shall describe how the effectiveness
of the remedial action will be measured. At a minimum, a site-specific
sampling plan and quality assurance project plan must be prepared in accordance
with the provisions set forth in Section 740.415(d) of this Part;
e)
Current and post-remediation use of the property;
f)
Applicable engineered barriers, institutional controls, and groundwater
monitoring. This chapter shall describe any such controls selected or relied
upon in determining or achieving remediation objectives, including long-term
reliability, operating and maintenance plans, and monitoring procedures;
g)
Appendices. References and other informational sources should be incorporated
into the appendices; and
h)
Licensed Professional Engineer affirmation in accordance with Section 740.410
of this Part.
Section 740.455 Remedial Action Completion Report
a)
Except as provided in subsection (b) below, UPON COMPLETION OF THE
REMEDIAL ACTION PLAN, THE RA SHALL PREPARE A REMEDIAL
ACTION COMPLETION REPORT. THE REPORT SHALL
DEMONSTRATE WHETHER THE REMEDIAL ACTION WAS
COMPLETED IN ACCORDANCE WITH THE APPROVED REMEDIAL
ACTION PLAN AND WHETHER THE REMEDIATION OBJECTIVES, AS
WELL AS ANY OTHER REQUIREMENTS OF THE PLAN, HAVE BEEN
55
ATTAINED. (Section 58.6(e)(1) of the Act) The report shall include, but not
be limited to:
1)
Executive summary. This chapter shall identify the overall objectives of
the remedial action and the technical approach utilized to meet those
objectives, including:
A)
A brief description of the remediation site, including the
recognized environmental conditions, the contaminants of
concern, the contaminated media, and the extent of
contamination;
B)
The major components of the Remedial Action Completion
Report;
C)
The scope of the problems corrected or mitigated by the proposed
remedial action(s); and
D)
The anticipated post-remediation uses of the remediation site and
areas immediately adjacent to the remediation site;
2)
Field activities. This chapter shall provide a narrative description of the:
A)
Field activities conducted during the investigation;
B)
Remedial actions implemented at the remediation site and the
performance of each remedial technology utilized;
3)
Special conditions. This chapter shall provide a description of any:
A)
Engineered barriers utilized in accordance with 35 Ill. Adm.
Code 742 to achieve the approved remediation objectives;
B)
Institutional controls accompanying engineered barriers or
industrial/commercial property uses in accordance with Section
740.450 of this Part and 35 Ill. Adm. Code 742, including a
legible copy of any such controls, as appropriate;
C)
Post-remedial monitoring, including:
i)
Conditions to be monitored;
ii)
Purpose;
iii)
Locations;
56
iv)
Frequency; and
v)
Contingencies in the event of an exceedence; and
D)
Other conditions, if any, necessary for protection of human
health and the environment that are related to the issuance of a
No Further Remediation Letter;
4)
Results. This chapter shall analyze the effectiveness of the remedial
actions by comparing the results of the confirmation sampling with the
remediation objectives prescribed in the Agency-approved Remedial
Action Plan. The data shall state the remediation objectives or reference
the Remediation Objectives Report and be presented in an appropriate
format (e.g., tabular and graphical displays) such that all information is
organized and presented logically and that relationships between the
different investigations for each medium are apparent;
5)
Conclusion. This chapter shall identify the success of the remedial
action in meeting objectives. This chapter shall assess the accuracy and
completeness of the data in the report and, if applicable, future work;
6)
Appendices. References, data sources, and a completed environmental
notice form as provided by the Agency shall be incorporated into the
appendices. Field logs, well logs and reports of laboratory analyses
shall be organized and presented logically; and
7)
Licensed Professional Engineer affirmation in accordance with Section
740.410 of this Part.
b)
IF THE APPROVED REMEDIATION OBJECTIVES FOR THE
REGULATED SUBSTANCES OF CONCERN ESTABLISHED UNDER
Sections 740.440 AND 740.445 of this Part ARE EQUAL TO OR ABOVE
THE LEVELS EXISTING AT THE SITE PRIOR TO ANY REMEDIAL
ACTION, NOTIFICATION AND DOCUMENTATION OF SUCH, including
a description of any engineered barriers, institutional controls, and post-
remedial monitoring, SHALL CONSTITUTE THE ENTIRE REMEDIAL
ACTION COMPLETION REPORT FOR PURPOSES OF THIS Part. (Section
58.6(e)(2) of the Act)
57
SUBPART E: SUBMITTAL AND REVIEW OF PLANS AND REPORTS
Section 740.500 General
This Subpart sets forth the requirements for the review of plans and reports submitted under
this Part. All plans and reports shall satisfy the requirements for form and delivery set forth in
Section 740.410 of this Part.
Section 740.505 Reviews of Plans and Reports
a)
ALL REVIEWS CARRIED OUT UNDER THIS Part SHALL BE CARRIED
OUT BY THE AGENCY OR A RELPE (Review and Evaluation Licensed
Professional Engineer), BOTH UNDER THE DIRECTION OF A LICENSED
PROFESSIONAL ENGINEER. (Section 58.7(d) of the Act)
b)
PLANS, REPORTS AND RELATED ACTIVITIES WHICH THE AGENCY
OR A RELPE MAY REVIEW INCLUDE, but are not limited to:
1)
SITE INVESTIGATION REPORTS AND RELATED ACTIVITIES;
2)
REMEDIATION OBJECTIVES REPORTS;
3)
REMEDIAL ACTION PLANS AND RELATED ACTIVITIES; AND
4)
REMEDIAL ACTION COMPLETION REPORTS AND RELATED
ACTIVITIES. (Section 58.7(d)(2) of the Act)
c)
ONLY THE AGENCY SHALL HAVE THE AUTHORITY TO APPROVE,
DISAPPROVE, OR APPROVE WITH CONDITIONS A PLAN OR REPORT
AS A RESULT OF THE REVIEW PROCESS, INCLUDING THOSE PLANS
OR REPORTS REVIEWED BY A RELPE. (Section 58.7(d)(3) of the Act)
d)
Except as provided in subsection (d)(5) below, the Agency shall have 60 days
from the receipt of any plan or report to conduct a review and make a final
determination to approve or disapprove the plan or report, or approve the plan
or report with conditions. All reviews shall be based on the standards set forth
in this Subpart E.
1)
The Agency's record of the date of receipt of a plan or report shall be
deemed conclusive unless a contrary date is proven by a dated, signed
receipt from the Agency or certified or registered mail.
2)
Submittal of an amended plan or report restarts the time for review.
58
3)
The RA may waive the time line for review upon a request from the
Agency or at the RA's discretion.
4)
The Agency shall not be required to review any plan or report submitted
out of the sequence for plans and reports set forth in this Part.
5)
If any plans or reports are submitted concurrently, the Agency’s timeline
for review shall increase to a total of 90 days for all plans or reports so
submitted.
e)
Upon completion of the review, the Agency shall notify the RA in writing of its
final determination on the plan or report. The Agency’s notification shall be
made in accordance with Section 740.215(b) of this Part. If the Agency
disapproves a plan or report or approves a plan or report with conditions, the
written notification shall contain the following information, as applicable:
1)
An explanation of the specific type of information or documentation, if
any, that the Agency deems the RA did not provide;
2)
A listing of the Sections of Title XVII of the Act or this Part that may be
violated if the plan or report is approved as submitted;
3)
A statement of the specific reasons why Title XVII of the Act or this
Part may be violated if the plan or report is approved as submitted;
4)
A statement of the reasons for conditions if conditions are required.
f)
The Agency may, to the extent consistent with review deadlines, provide the
RA with a reasonable opportunity to correct deficiencies prior to sending a
disapproval. However, the correction of such deficiencies by the submittal of
additional information may, in the sole discretion of the Agency, restart the
time for review.
g)
If the RA has entered into a contract with a RELPE under Subpart B of this
Part, the Agency shall assign plans and reports submitted by the RA to the
RELPE for initial review.
1)
The RELPE's review shall be conducted in accordance with this Subpart
E.
2)
Upon completion of the review, the RELPE shall recommend to the
Agency approval or disapproval of the plan or report or approval of the
plan or report with conditions.
59
3)
Unless otherwise approved by the Agency in writing, the RELPE shall
have 30 days to complete the review of a plan or report and forward the
recommendation to the Agency. If any plans or reports have been
submitted concurrently to the Agency, the RELPE shall have a total of
45 days to complete the review of all plans or reports so submitted,
unless otherwise approved by the Agency in writing.
4)
The recommendation of the RELPE shall be in writing, shall include
reasons supporting the RELPE's recommendation, and shall be
accompanied by all documents submitted by the RA and any other
information relied upon by the RELPE in reaching a decision.
h)
IF THE AGENCY DISAPPROVES OR APPROVES WITH CONDITIONS A
PLAN OR REPORT OR FAILS TO ISSUE A FINAL DETERMINATION
WITHIN THE applicable review PERIOD AND THE RA HAS NOT AGREED
TO A WAIVER OF THE DEADLINE, THE RA MAY, WITHIN 35 DAYS
after receipt of the final determination or expiration of the deadline, FILE AN
APPEAL TO THE BOARD. APPEALS TO THE BOARD SHALL BE IN
THE MANNER PROVIDED FOR THE REVIEW OF PERMIT DECISIONS
IN SECTION 40 OF THE ACT. (Section 58.7(d)(5) of the Act)
Section 740.510 Standards for Review of Site Investigation Reports and Related Activities
When reviewing Site Investigation Reports and related activities, the Agency or the RELPE
shall consider:
a)
Whether the report is complete and has been accompanied by the information
and supporting documentation necessary to evaluate the site investigation
activities;
b)
Whether the site investigation has been conducted in accordance with the
procedures set forth in Title XVII of the Act and Subpart D of this Part,
including but not limited to:
1)
Whether a comprehensive site investigation has been designed and
implemented in accordance with Section 740.420 of this Part;
2)
Whether a focused site investigation has been designed and implemented
in accordance with Section 740.430 of this Part; and
3)
Whether all sampling and analysis activities have been conducted in
accordance with Section 740.415 of this Part; and
60
c)
WHETHER THE INTERPRETATIONS AND CONCLUSIONS REACHED
ARE SUPPORTED BY THE INFORMATION GATHERED. (Section
58.7(e)(1) of the Act)
Section 740.515 Standards for Review of Remediation Objectives Reports
When reviewing Remediation Objectives Reports, the Agency or the RELPE shall consider:
a)
Whether the report is complete and has been accompanied by the information
and supporting documentation necessary to determine whether the remediation
objectives have been determined in accordance with 35 Ill. Adm. Code 742 and
whether any other remediation objectives or remediation measures are necessary
to minimize or eliminate any remaining risk presented by contaminants of
concern;
b)
WHETHER THE REMEDIATION OBJECTIVES ARE CONSISTENT WITH
THE REQUIREMENTS OF THE APPLICABLE METHOD FOR
SELECTING OR DETERMINING REMEDIATION OBJECTIVES (Section
58.7(e)(2) of the Act), including but not limited to:
1)
If exposure routes have been excluded under 35 Ill. Adm. Code
742.Subpart C:
A)
Whether the requirements for the exclusion of exposure routes
under 35 Ill. Adm. Code 742 have been satisfied; and
B)
Whether engineered barriers and institutional controls, if relied
on for the exclusion of exposure routes, satisfy the requirements
of 35 Ill. Adm. Code 742.
2)
IF THE remediation OBJECTIVES WERE BASED ON THE
DETERMINATION OF AREA BACKGROUND LEVELS UNDER 35
Ill. Adm. Code 742.Subpart D:
A)
WHETHER THE REVIEW OF CURRENT AND HISTORIC
CONDITIONS AT THE remediation SITE OR IN THE
IMMEDIATE VICINITY OF THE SITE has been thorough
(Section 58.7(e)(2)(A) of the Act);
B)
WHETHER THE remediation SITE SAMPLING AND
ANALYSIS HAVE BEEN PERFORMED IN A MANNER
RESULTING IN ACCURATE DETERMINATIONS as provided
in 35 Ill. Adm. Code 742 and Section 740.415(d) of this Part
(Section 58.7(e)(2)(A) of the Act);
61
C)
Whether the requirements for determining area background
concentrations under 35 Ill. Adm. Code 742.Subpart D have been
satisfied; and
D)
Whether an area background level for a regulated substance of
concern poses an acute threat to human health or the environment
at the remediation site when considering the post-remediation
property uses.
3)
If the remediation objectives were determined under 35 Ill. Adm. Code
742.Subpart E:
A)
Whether the requirements for the use of Tier 1 under 35 Ill.
Adm. Code 742 have been satisfied;
B)
Whether the comparison of the concentrations of regulated
substances of concern and the Tier 1 remediation objectives has
been performed and the remediation objectives determined for the
remediation site in accordance with 35 Ill. Adm. Code 742; and
C)
Whether engineered barriers and institutional controls, if relied
on in the determination of remediation objectives or for
industrial/commercial property uses, satisfy the requirements of
35 Ill. Adm. Code 742.
4)
If the remediation objectives were determined under 35 Ill. Adm. Code
742.Subparts F, G, and H:
A)
Whether the requirements for the use of Tier 2 under 35 Ill.
Adm. Code 742 have been satisfied;
B)
WHETHER THE CALCULATIONS performed under 35 Ill.
Adm. Code 742 WERE ACCURATELY PERFORMED (Section
58.7(e)(2)(B) of the Act);
C)
WHETHER THE SITE SPECIFIC DATA REFLECT ACTUAL
remediation SITE CONDITIONS (Section 58.7(e)(2)(B) of the
Act);
D)
Whether engineered barriers and institutional controls, if relied
on in the determination of remediation objectives or for
industrial/commercial property uses, satisfy the requirements of
35 Ill. Adm. Code 742.
62
5)
If the remediation objectives were determined under 35 Ill. Adm. Code
742.Subpart I:
A)
Whether the requirements for the use of Tier 3 under 35 Ill.
Adm. Code 742 have been satisfied;
B)
WHETHER THE CALCULATIONS performed under 35 Ill.
Adm. Code 742 WERE ACCURATELY PERFORMED (Section
58.7(e)(2)(C) of the Act);
C)
WHETHER THE SITE SPECIFIC DATA REFLECT ACTUAL
remediation SITE CONDITIONS (Section 58.7(e)(2)(C) of the
Act);
D)
Whether engineered barriers and institutional controls, if relied
on in the determination of remediation objectives or for
industrial/commercial property uses, satisfy the requirements of
35 Ill. Adm. Code 742.
6)
If a recognized environmental condition requires remediation measures
other than, or in addition to, remediation objectives determined under 35
Ill. Adm. Code 742 (e.g., removal of drums threatening a release),
whether the remediation measures selected:
A)
Will prevent or eliminate the identified threat to human health
and the environment;
B)
Are technically feasible and can be implemented without creating
additional threats to human health and the environment; and
C)
Are not inconsistent with the Act and applicable regulations.
7)
If there are any remaining recognized environmental conditions not
addressed in the determination of remediation objectives, whether those
conditions have the potential to pose a significant threat to human health
or the environment.
Section 740.520 Standards for Review of Remedial Action Plans and Related Activities
When reviewing Remedial Action Plans and related activities, the Agency or the RELPE shall
consider:
a)
Whether the plan is complete and has been accompanied by the information and
supporting documentation necessary to evaluate the effectiveness of the plan;
and
63
b)
WHETHER THE PLAN WILL RESULT IN COMPLIANCE WITH Title XVII
of the Act and this Part, including but not limited to:
1)
THE LIKELIHOOD THAT THE PLAN WILL RESULT IN THE
ATTAINMENT OF THE APPLICABLE REMEDIATION
OBJECTIVES (Section 58.7(e)(3)(A) of the Act);
2)
WHETHER THE ACTIVITIES PROPOSED ARE CONSISTENT
WITH GENERALLY ACCEPTED ENGINEERING PRACTICES
(Section 58.7(e)(3)(B) of the Act); and
3)
THE MANAGEMENT OF RISK RELATIVE TO ANY REMAINING
CONTAMINATION, INCLUDING, BUT NOT LIMITED TO,
PROVISIONS FOR THE LONG-TERM ENFORCEMENT,
OPERATION, AND MAINTENANCE OF INSTITUTIONAL AND
ENGINEERING CONTROLS, IF RELIED ON. (Section 58.7(e)(3)(C)
of the Act)
Section 740.525 Standards for Review of Remedial Action Completion Reports and Related
Activities
When reviewing Remedial Action Completion Reports and related activities, the Agency or the
RELPE shall consider:
a)
Whether the report is complete and has been accompanied by the information
and supporting documentation necessary to evaluate the implementation of the
Remedial Action Plan and the attainment of the applicable remediation
objectives;
b)
WHETHER THE REMEDIAL ACTIVITIES HAVE BEEN COMPLETED IN
ACCORDANCE WITH THE APPROVED REMEDIAL ACTION PLAN AND
WHETHER THE APPLICABLE REMEDIATION OBJECTIVES HAVE
BEEN ATTAINED (Section 58.7(e)(4) of the Act); and
c)
If engineered barriers and institutional controls have been relied on, or if
monitoring is required, whether the long-term maintenance, operation and
enforcement provisions have been established.
Section 740.530 Establishment of Groundwater Management Zones
a)
Except as provided in subsection (b) below, upon approval by the Agency of a
Remedial Action Plan under Subpart E of this Part, groundwater that is the
subject of the Remedial Action Plan shall automatically be classified as a
groundwater management zone for the specified contaminants of concern.
64
b)
The three dimensional area of the groundwater management zone shall be
deemed to be coextensive with the groundwater that is the subject of the
Remedial Action Plan. The size of the groundwater management zone may be
modified where new information and an amended and approved Remedial
Action Plan warrant. Where the groundwater management zone extends across
property boundaries, the written permission of the owners of the affected
properties shall be obtained before the groundwater management zone becomes
effective unless the affected properties already are included within the
remediation site.
c)
Groundwater management zones designated under this Section shall remain in
effect until a No Further Remediation Letter becomes effective under this Part
or an Agreement is terminated.
d)
While a groundwater management zone is in effect, the otherwise applicable
standards from 35 Ill. Adm. Code 620 shall not be applicable to the
contaminants of concern for which groundwater remediation objectives have
been approved in the Remediation Objectives Report.
e)
If implementation of an approved Remedial Action Plan fails to achieve the
remediation objectives developed under Section 740.440 of this Part, alternative
groundwater objectives may be developed under Section 740.440 of this Part.
1)
Upon the development of alternative groundwater objectives, the
Remediation Objectives Report shall be amended accordingly and
submitted for review and approval.
2)
Upon approval of the amended Remediation Objectives Report, the
Remedial Action Plan shall be amended and submitted for review and
approval unless the RA can demonstrate that the alternative groundwater
objectives already have been achieved. In that case, the RA shall submit
a Remedial Action Completion Report documenting the achievement of
the alternative groundwater objectives.
f)
While the No Further Remediation Letter is in effect, the otherwise applicable
groundwater quality standards from 35 Ill. Adm. Code 620.Subpart D are
superseded. The applicable groundwater quality standards for the specified
contaminants of concern within the area formerly encompassed by the GMZ are
the groundwater objectives achieved as documented in the approved Remedial
Action Completion Report.
g)
While the No Further Remediation Letter is in effect, requirements for review,
reporting and listing relative to groundwater remediation that may otherwise be
applicable under 35 Ill. Adm. Code 620.250 and 620.450(a) shall not apply to
65
the area formerly encompassed by the groundwater management zone and any
contaminants of concern for which the groundwater management zone was
formerly in effect under this Section.
SUBPART F: NO FURTHER REMEDIATION LETTERS AND
RECORDING REQUIREMENTS
Section 740.600 General
Subpart F provides for the issuance of No Further Remediation Letters following the
satisfactory completion of investigative and remedial activities in accordance with Title XVII
of the Act and this Part. Subpart F also sets forth the fee for the No Further Remediation
Letter, the recording requirements, and the circumstances under which the letter may be
voidable.
Section 740.605 Issuance of No Further Remediation Letter
a)
Except as provided in Section 740.615 below, WITHIN 30 DAYS AFTER THE
AGENCY'S APPROVAL OF A REMEDIAL ACTION COMPLETION
REPORT, THE AGENCY SHALL ISSUE A NO FURTHER REMEDIATION
LETTER APPLICABLE TO THE remediation SITE. IN THE EVENT THAT
THE AGENCY FAILS TO ISSUE THE NO FURTHER REMEDIATION
LETTER WITHIN 30 DAYS AFTER APPROVAL OF THE REMEDIAL
ACTION COMPLETION REPORT, THE NO FURTHER REMEDIATION
LETTER SHALL ISSUE BY OPERATION OF LAW. (Section 58.10(b) of the
Act) The No Further Remediation Letter shall have the legal effect prescribed
in Section 58.10 of the Act.
b)
The No Further Remediation Letter shall be issued only to Remediation
Applicants who have completed all requirements and received final approval of
the Remedial Action Completion Report by the Agency or on appeal.
c)
The Agency shall mail the No Further Remediation Letter by registered or
certified mail, post-marked with a date stamp and with return receipt requested.
If the RA is not the sole owner of the Remediation Site, the Agency shall send a
copy of the No Further Remediation Letter simultaneously to the owner(s) by
first class mail. Final action shall be deemed to have taken place on the post-
marked date that the letter is mailed.
Section 740.610 Contents of No Further Remediation Letter
a)
Except as provided in subsection (b) below, A NO FURTHER REMEDIATION
LETTER ISSUED PURSUANT TO Section 58.10 of the Act SHALL BE
LIMITED TO AND INCLUDE ALL OF THE FOLLOWING:
66
1)
AN ACKNOWLEDGMENT THAT THE REQUIREMENTS OF THE
REMEDIAL ACTION PLAN AND THE REMEDIAL ACTION
COMPLETION REPORT WERE SATISFIED;
2)
A DESCRIPTION OF THE remediation site BY ADEQUATE LEGAL
DESCRIPTION OR BY REFERENCE TO A PLAT SHOWING the
BOUNDARIES;
3)
THE LEVEL OF THE REMEDIATION OBJECTIVES, SPECIFYING,
AS APPROPRIATE, ANY LAND USE LIMITATION IMPOSED AS
A RESULT OF SUCH REMEDIATION EFFORTS;
4)
A STATEMENT THAT THE AGENCY'S ISSUANCE OF THE NO
FURTHER REMEDIATION LETTER SIGNIFIES A RELEASE FROM
FURTHER RESPONSIBILITIES UNDER the ACT IN PERFORMING
THE APPROVED REMEDIAL ACTION AND SHALL BE
CONSIDERED PRIMA FACIE EVIDENCE THAT THE SITE DOES
NOT CONSTITUTE A THREAT TO HUMAN HEALTH AND THE
ENVIRONMENT AND DOES NOT REQUIRE FURTHER
REMEDIATION UNDER THE ACT if UTILIZED IN ACCORDANCE
WITH THE TERMS OF THE NO FURTHER REMEDIATION
LETTER. If the remediation site includes a portion of a larger parcel of
property or if the RA has elected to limit the recognized environmental
conditions and related contaminants of concern to be remediated, or
both, the No Further Remediation Letter shall be limited accordingly by
its terms;
5)
THE PROHIBITION AGAINST THE USE OF ANY remediation SITE
IN A MANNER INCONSISTENT WITH ANY LAND USE
LIMITATION IMPOSED AS A RESULT OF SUCH REMEDIATION
EFFORTS WITHOUT ADDITIONAL APPROPRIATE REMEDIAL
ACTIVITIES;
6)
A DESCRIPTION OF ANY PREVENTIVE, ENGINEERING, AND
INSTITUTIONAL CONTROLS or monitoring REQUIRED IN THE
APPROVED REMEDIAL ACTION PLAN AND NOTIFICATION
THAT FAILURE TO MANAGE THE CONTROLS or monitoring IN
FULL COMPLIANCE WITH THE TERMS OF THE REMEDIAL
ACTION PLAN MAY RESULT IN VOIDANCE OF THE NO
FURTHER REMEDIATION LETTER;
7)
THE RECORDING OBLIGATIONS PURSUANT TO Title XVII of the
Act and Section 740.620 of this Part;
67
8)
THE OPPORTUNITY TO REQUEST A CHANGE IN THE
RECORDED LAND USE PURSUANT TO Title XVII of the Act AND
Section 740.620(c) of this Part; and
9)
NOTIFICATION THAT FURTHER INFORMATION REGARDING
THE remediation SITE CAN BE OBTAINED FROM THE AGENCY
THROUGH A REQUEST UNDER THE FREEDOM OF
INFORMATION ACT [5 ILCS 140]. (Section 58.10 (b)(1) - (9) of the
Act)
b)
IF ONLY A PORTION OF THE SITE OR ONLY SELECTED REGULATED
SUBSTANCES or pesticides AT A SITE WERE THE SUBJECT OF
CORRECTIVE ACTION, the No Further Remediation Letter may contain ANY
OTHER PROVISIONS AGREED TO BY THE AGENCY AND THE RA.
(Section 58.10(b)(10) of the Act)
Section 740.615 Payment of Fees
a)
THE AGENCY MAY DENY A NO FURTHER REMEDIATION LETTER IF
FEES APPLICABLE UNDER THE REVIEW AND EVALUATION
SERVICES AGREEMENT HAVE NOT BEEN PAID IN FULL. (Section
58.10(c) of the Act) The manner of payment shall be in accordance with
Section 740.320 of this Part.
b)
In addition to the fees applicable under the Review and Evaluation Services
Agreement, THE RECIPIENT OF THE No Further Remediation LETTER
SHALL FORWARD TO THE AGENCY A NO FURTHER REMEDIATION
ASSESSMENT IN THE AMOUNT OF THE LESSER OF $2500 OR AN
AMOUNT EQUAL TO THE COSTS INCURRED FOR THE SITE BY THE
AGENCY UNDER THE Agreement. (Section 58.10(g) of the Act)
1)
The No Further Remediation Assessment shall be mailed or delivered to
the Agency at the address designated by the Agency on the request for
payment service forms no later than 45 days following the receipt of the
request for payment. Payments that are hand-delivered shall be delivered
during the Agency's normal business hours.
2)
The No Further Remediation Assessment shall be made by check or
money order payable to “Treasurer - State of Illinois for Deposit in the
Hazardous Waste Fund.” The check or money order shall include the
Illinois inventory identification number as assigned and the Federal
Employer Identification Number or Social Security Number of the RA.
68
3)
The No Further Remediation Letter shall be voidable in accordance with
Section 740.625 if the No Further Remediation Assessment is not paid
within 45 days after the receipt of the request for payment.
Section 740.620 Duty to Record No Further Remediation Letter
a)
THE RA RECEIVING A NO FURTHER REMEDIATION LETTER FROM
THE AGENCY PURSUANT TO Title XVII of the Act and this Subpart F
SHALL SUBMIT THE LETTER, and, where the RA is not the sole owner of
the remediation site, an owner certification in accordance with subsection (d)
below, TO THE OFFICE OF THE RECORDER OR THE REGISTRAR OF
TITLES OF THE COUNTY IN WHICH THE remediation SITE IS LOCATED
WITHIN 45 DAYS AFTER RECEIPT OF THE LETTER. (Section 58.8(a) of
the Act)
1)
THE OFFICE OF THE RECORDER OR THE REGISTRAR OF
TITLES SHALL ACCEPT AND RECORD THAT LETTER and, where
applicable, the owner certification under subsection (d) below IN
ACCORDANCE WITH ILLINOIS LAW SO THAT IT FORMS A
PERMANENT PART OF THE CHAIN OF TITLE FOR THE SITE.
(Section 58.8(a) of the Act)
2)
IN THE EVENT THAT A NO FURTHER REMEDIATION LETTER
ISSUES BY OPERATION OF LAW PURSUANT TO Title XVII of the
Act and this Subpart F, THE RA MAY record AN AFFIDAVIT
STATING THAT THE LETTER ISSUED BY OPERATION OF LAW.
(Section 58.8(d) of the Act) Attached to the affidavit shall be the
following information:
A)
An acknowledgment that the requirements of the Remedial
Action Plan and the Remedial Action Completion Report were
satisfied;
B)
A description of the location of the remediation site by adequate
legal description or by reference to a plat showing its boundaries;
C)
The level of the remediation objectives, specifying, as
appropriate, any land use limitation imposed as a result of such
remediation efforts;
D)
A statement that the No Further Remediation Letter signifies a
release from further responsibilities under the Act in performing
the approved remedial action and shall be considered prima facie
evidence that the following, as identified in the scope of work
and the approved Remedial Action Plan, does not constitute a
69
threat to human health and the environment and does not require
further remediation under the Act if utilized in accordance with
the terms of the No Further Remediation Letter:
i)
The remediation site;
ii)
Selected recognized environmental conditions and related
contaminants of concern at the remediation site; and
iii)
A combination of (D)(i) or (D)(ii) above;
E)
The prohibition against the use of any remediation site in a
manner inconsistent with any property use limitation imposed as a
result of such remediation efforts without additional appropriate
remedial activities;
F)
A description of any preventive, engineering, and institutional
controls or monitoring required in the approved Remedial Action
Plan and notification that failure to manage the controls or
monitoring in full compliance with the terms of the Remedial
Action Plan may result in voidance of the No Further
Remediation Letter;
G)
The opportunity to request a change in the recorded land use
pursuant to Title XVII of the Act and subsection (c) below;
H)
Notification that further information regarding the remediation
site can be obtained from the Agency through a request under the
Freedom of Information Act [5 ILCS 140]; and
I)
An owner certification in accordance with subsection (d) below,
where applicable.
b)
A NO FURTHER REMEDIATION LETTER or the affidavit filed under
subsection (a)(2) above SHALL NOT BECOME EFFECTIVE UNTIL
OFFICIALLY RECORDED along with the owner certification under subsection
(d) below, where applicable, IN ACCORDANCE WITH subsection (a) above.
(Section 58.8(b) of the Act) The RA shall obtain and submit to the Agency,
within 30 days after recording, a copy of the letter or affidavit and the owner
certification under subsection (d) below, where applicable, demonstrating that
the recording requirements have been satisfied.
c)
AT NO TIME SHALL ANY remediation SITE FOR WHICH A LAND USE
LIMITATION HAS BEEN IMPOSED AS A RESULT OF REMEDIATION
ACTIVITIES UNDER TITLE XVII OF THE ACT BE USED IN A MANNER
70
INCONSISTENT WITH THE LAND USE LIMITATION UNLESS
FURTHER INVESTIGATION OR REMEDIAL ACTION HAS BEEN
CONDUCTED THAT DOCUMENTS THE ATTAINMENT OF OBJECTIVES
APPROPRIATE FOR THE NEW LAND USE AND A NEW No Further
Remediation LETTER OBTAINED AND RECORDED IN ACCORDANCE
WITH Title XVII of the Act and this Part. (Section 58.8(c) of the Act)
d)
Where the RA is not the sole owner of the remediation site, the RA shall obtain
the certification by original signature of each owner, or the authorized agent of
the owner(s), of the remediation site or any portion thereof who is not an RA.
The certification shall be recorded in accordance with this Section, along with
the No Further Remediation Letter or an affidavit under subsection (a)(2)
above. The certification shall read as follows:
I hereby certify that I have reviewed the attached No Further Remediation
Letter [or “affidavit” if filed under subsection (a)(2) above], and that I accept
the terms and conditions and any land use limitations set forth in the letter [or
“affidavit”].
Section 740.625 Voidance of No Further Remediation Letter
a)
THE NO FURTHER REMEDIATION LETTER SHALL BE VOIDABLE IF
THE remediation SITE ACTIVITIES ARE NOT MANAGED IN FULL
COMPLIANCE WITH THE PROVISIONS OF Title XVII of the Act, this
Part, OR THE APPROVED REMEDIAL ACTION PLAN OR
REMEDIATION OBJECTIVES UPON WHICH THE ISSUANCE OF THE
NO FURTHER REMEDIATION LETTER WAS BASED. SPECIFIC ACTS
OR OMISSIONS THAT MAY RESULT IN VOIDANCE OF THE NO
FURTHER REMEDIATION LETTER INCLUDE, BUT SHALL NOT BE
LIMITED TO:
1)
ANY VIOLATION OF INSTITUTIONAL CONTROLS OR LAND
USE RESTRICTIONS, IF APPLICABLE;
2)
THE FAILURE OF THE OWNER, OPERATOR, RA, OR ANY
SUBSEQUENT TRANSFEREE TO OPERATE AND MAINTAIN
PREVENTIVE OR ENGINEERING CONTROLS OR TO COMPLY
WITH A GROUNDWATER MONITORING PLAN, IF APPLICABLE;
3)
THE DISTURBANCE OR REMOVAL OF CONTAMINATION THAT
HAS BEEN LEFT IN PLACE IN ACCORDANCE WITH THE
REMEDIAL ACTION PLAN. Access to soil contamination may be
allowed if, during and after any access, public health and the
environment are protected consistent with the Remedial Action Plan;
71
4)
THE FAILURE TO COMPLY WITH THE RECORDING
REQUIREMENTS OF Title XVII of the Act and Section 740.620 of this
Part;
5)
OBTAINING THE NO FURTHER REMEDIATION LETTER BY
FRAUD OR MISREPRESENTATION;
6)
SUBSEQUENT DISCOVERY OF CONTAMINANTS NOT
IDENTIFIED AS PART OF THE INVESTIGATIVE OR REMEDIAL
ACTIVITIES UPON WHICH THE ISSUANCE OF THE NO
FURTHER REMEDIATION LETTER WAS BASED, THAT POSE A
THREAT TO HUMAN HEALTH OR THE ENVIRONMENT;
7)
THE FAILURE TO PAY THE NO FURTHER REMEDIATION
ASSESSMENT REQUIRED UNDER Section 740.615(b) of this Part.
(Section 58.10(e) of the Act)
8)
The failure to pay in full the applicable fees under the Review and
Evaluation Services Agreement within 45 days after receiving a request
for final payment under Section 740.310 of this Part.
b)
IF THE AGENCY SEEKS TO VOID A NO FURTHER REMEDIATION
LETTER, IT SHALL PROVIDE NOTICE TO THE CURRENT TITLE
HOLDER OF THE remediation SITE AND TO THE RA AT HIS OR HER
LAST KNOWN ADDRESS. (Section 58.10(f) of the Act)
1)
THE NOTICE SHALL SPECIFY THE CAUSE FOR THE VOIDANCE
AND DESCRIBE FACTS IN SUPPORT OF THAT CAUSE. (Section
58.10(f) of the Act)
2)
The Agency shall mail notices of voidance by registered or certified
mail, date stamped with return receipt requested.
c)
WITHIN 35 DAYS AFTER THE RECEIPT OF THE NOTICE OF
VOIDANCE, THE RA OR CURRENT TITLE HOLDER of the remediation
site MAY APPEAL THE AGENCY'S DECISION TO THE BOARD IN THE
MANNER PROVIDED FOR THE REVIEW OF PERMITS IN SECTION 40
OF THIS ACT. IF THE BOARD FAILS TO TAKE FINAL ACTION
WITHIN 120 DAYS, UNLESS SUCH TIME PERIOD IS WAIVED BY THE
PETITIONER, THE PETITION SHALL BE DEEMED DENIED AND THE
PETITIONER SHALL BE ENTITLED TO AN APPELLATE COURT ORDER
PURSUANT TO SUBSECTION (d) OF SECTION 41 OF THE ACT. THE
AGENCY SHALL HAVE THE BURDEN OF PROOF IN ANY SUCH
ACTION. (Section 58.10(f)(1) of the Act)
72
1)
IF THE AGENCY'S ACTION IS APPEALED, THE ACTION SHALL
NOT BECOME EFFECTIVE UNTIL THE APPEAL PROCESS HAS
BEEN EXHAUSTED AND A FINAL DECISION REACHED BY THE
BOARD OR COURTS. (Section 58.10(f)(3) of the Act)
A)
UPON RECEIVING A NOTICE OF APPEAL, THE AGENCY
SHALL FILE A NOTICE OF LIS PENDENS WITH THE
OFFICE OF THE RECORDER OR THE REGISTRAR OF
TITLES FOR THE COUNTY IN WHICH THE remediation
SITE IS LOCATED. THE NOTICE SHALL BE FILED IN
ACCORDANCE WITH ILLINOIS LAW SO THAT IT
BECOMES A PART OF THE CHAIN OF TITLE FOR THE
SITE. (Section 58.10(f)(4) of the Act)
B)
IF THE AGENCY'S ACTION IS NOT UPHELD ON APPEAL,
THE NOTICE OF LIS PENDENS SHALL BE REMOVED IN
ACCORDANCE WITH ILLINOIS LAW WITHIN 45 DAYS
AFTER RECEIPT OF THE FINAL DECISION OF THE
BOARD OR THE COURTS. (Section 58.10(f)(4) of the Act)
2)
IF THE AGENCY'S ACTION IS NOT APPEALED, THE AGENCY
SHALL SUBMIT THE NOTICE OF VOIDANCE TO THE OFFICE
OF THE RECORDER OR THE REGISTRAR OF TITLES FOR THE
COUNTY IN WHICH THE SITE IS LOCATED. THE NOTICE
SHALL BE FILED IN ACCORDANCE WITH ILLINOIS LAW SO
THAT IT FORMS A PERMANENT PART OF THE CHAIN OF
TITLE FOR THE SITE. (Section 58.10(f)(2) of the Act)
73
Section 740.APPENDIX A Target Compound List
Section 740.Table A Volatile Organics Analytical Parameters and Required Quantitation
Limits
CAS No.
Compound
Water (μg/L)
Soil (μg/Kg)
Method
74-87-3
Chloromethane
10
10
8260A
74-83-9
Bromomethane
10
10
8260A
75-01-4
Vinyl Chloride
10
10
8260A
75-00-3
Chloroethane
10
10
8260A
75-09-2
Methylene Chloride
10
10
8260A
67-64-1
Acetone
10
10
8260A
75-15-0
Carbon Disulfide
10
10
8260A
75-35-4
1,1-Dichloroethene
10
10
8260A
75-34-3
1,1-Dichloroethane
10
10
8260A
540-59-0
1,2-Dichloroethene (total)
10
10
8260A
67-66-3
Chloroform
10
10
8260A
107-06-2
1,2-Dichloroethane
10
10
8260A
78-93-3
2-Butanone
10
10
8260A
71-55-6
1,1,1-Trichloroethane
10
10
8260A
56-23-5
Carbon Tetrachloride
10
10
8260A
75-27-4
Bromodichloromethane
10
10
8260A
78-87-5
1,2-Dichloropropane
10
10
8260A
10061-01-5
cis-1,3-Dichloropropene
10
10
8260A
79-01-6
Trichloroethene
10
10
8260A
124-48-1
Dibromochloromethane
10
10
8260A
79-00-5
1,1,2-Trichloroethane
10
10
8260A
71-43-2
Benzene
10
10
8260A
10061-02-6
trans-1,3-Dichloropropene
10
10
8260A
75-25-2
Bromoform
10
10
8260A
108-10-1
4-Methyl-2-pentanone
10
10
8260A
591-78-6
2-Hexanone
10
10
8260A
127-18-4
Tetrachloroethene
10
10
8260A
108-88-3
Toluene
10
10
8260A
79-34-5
1,1,2,2-Tetrechloroethane
10
10
8260A
108-90-7
Chlorobenzene
10
10
8260A
100-41-4
Ethylbenzene
10
10
8260A
100-42-5
Styrene
10
10
8260A
1330-20-7
Xylenes (total)
10
10
8260A
Required Quantitation Limits for soil are based on wet weight. Normally data is reported on a dry weight basis; therefore, Reporting Limits will be
higher, based on the percent dry weight in each sample. The laboratory shall report nonsurrogate components, tentatively identified by library search
conducted per the guidelines contained in the analytical method.
74
Section 740.Table B Semivolatile Organic Analytical Parameters and Required Quantitation
Limits
CAS No.
Compound
Water
(μg/L)
Soil
(μg/Kg)
Method
108-95-2
Phenol
10
660
8270A
111-44-4
bis(2-Chloroethyl) ether
10
660
8270A
95-57-8
2-Chlorophenol
10
660
8270A
95-50-1
1,2-Dichlorobenzene
10
660
8270A
541-73-1
1,3-Dichlorobenzene
10
660
8270A
106-46-7
1,4-Dichlorobenzene
10
660
8270A
95-48-7
2-Methylphenol
10
660
8270A
108-60-1
2,2'-oxybis (1-chloropropane)
10
660
8270A
106-44-5
4-Methylphenol
10
660
8270A
621-64-7
N-Nitroso-di-n-propylamine
10
660
8270A
67-72-1
Hexachloroethane
10
660
8270A
98-95-3
Nitrobenzene
10
660
8270A
78-59-1
Isophorone
10
660
8270A
88-75-5
2-Nitrophenol
10
660
8270A
105-67-9
2,4-Dimethylphenol
10
660
8270A
111-91-1
bis(2-Chloroethoxy) methane
10
660
8270A
120-83-2
2,4-Dichlorophenol
10
660
8270A
120-82-1
1,2,4-Trichlorobenzene
10
660
8270A
91-20-3
Naphthalene
10
660
8270A
106-47-8
4-Chloroaniline
10
660
8270A
87-68-3
Hexachlorobutadiene
10
660
8270A
59-50-7
4-Chloro-3-methylphenol
10
660
8270A
91-57-6
2-Methylnaphthalene
10
660
8270A
77-47-4
Hexachlorocyclopentadiene
10
660
8270A
88-06-2
2,4,6-Trichlorophenol
10
660
8270A
95-96-4
2,4,5-Trichlorophenol
25
1600
8270A
91-58-7
2-Chloronaphthalene
10
660
8270A
88-74-4
2-Nitroaniline
25
1600
8270A
131-11-3
Dimethylphthalate
10
660
8270A
208-96-8
Acenaphthalene
10
660
8270A
606-20-2
2,6-dinitrotoluene
10
660
8270A
99-09-2
3-Nitroanaline
25
1600
8270A
83-32-9
Acenaphthene
10
660
8270A
51-28-5
2,4-Dinitrophenol
25
1600
8270A
100-02-7
4-Nitrophenol
25
1600
8270A
132-64-9
Dibenzofuran
10
330
8270A
121-14-2
2,4-Dinitrotoluene
10
330
8270A
84-66-2
Diethylphthalate
10
330
8270A
7005-72-3
4-Chlorophenyl-phenyl ether
10
330
8270A
86-73-7
Fluorine
10
330
8270A
100-01-6
4-Nitroaniline
25
1600
8270A
534-52-1
4,6-Dinitro-2-methylphenol
25
1600
8270A
86-30-6
N-nitrosodiphenylamine
10
330
8270A
101-55-3
4-Bromophenyl-phenyl ether
10
330
8270A
118-74-1
Hexachlorobenzene
10
330
8270A
87-86-5
Pentachlorophenol
25
1600
8270A
85-01-8
Phenanthrene
10
660
8270A
120-12-7
Anthracene
10
660
8270A
86-74-8
Carbazole
10
660
8270A
75
84-74-2
Di-n-butylphthalate
10
660
8270A
206-44-0
Fluoranthene
10
660
8270A
129-00-0
Pyrene
10
660
8270A
85-68-7
Butylbenzylphthalate
10
660
8270A
91-94-1
3,3'-Dichlorobenzidine
10
660
8270A
56-55-3
Benzo(a)anthracene
10
660
8270A
218-01-9
Chrysene
10
660
8270A
117-81-7
bis(2-Ethylhexyl)phthalate
10
660
8270A
117-84-0
Di-n-octylphthalate
10
660
8270A
205-99-2
Benzo(b)fluoranthene
10
660
8270A
207-08-9
Benzo(k)fluoranthene
10
660
8270A
50-32-8
Benzo(a)pyrene
10
660
8270A
193-39-5
Indeno(1,2,3-cd)pyrene
10
660
8270A
53-70-3
Dibenz(a,h)anthracene
10
660
8270A
191-24-2
Benzo(g,h,i)perylene
10
660
8270A
Required Quantitation Limits for soil are based on wet weight. Normally data is reported on a dry weight basis; therefore, Reporting Limits will be
higher, based on the percent solids in each sample. This is based on a 30-gram sample and GPC cleanup. The laboratory shall report non surrogate
components, tentatively identified by library search conducted per the guidelines contained in the analytical method.
76
Section 740.Table C Pesticide and Aroclors Organic Analytical Parameters and Required
Quantitation Limits
CAS No.
Compound
Water (μg/L)
Soil (μg/Kg)
Method
319-84-6
alpha-BHC
0.05
8.0
8081
319-85-7
beta-BHC
0.05
8.0
8081
319-86-8
delta-BHC
0.05
8.0
8081
58-89-9
gamma-BHC
0.05
8.0
8081
76-44-8
Heptachlor
0.05
8.0
8081
309-00-2
Aldrin
0.05
8.0
8081
1024-57-3
Heptachlor epoxide
0.05
8.0
8081
959-98-8
Endosulfan I
0.05
8.0
8081
60-57-1
Dieldrin
0.10
16.0
8081
72-55-9
4,4'-DDE
0.10
16.0
8081
72-20-8
Endrin
0.10
16.0
8081
33213-65-9
Endosulfan II
0.10
16.0
8081
72-54-8
4,4'-DDD
0.10
16.0
8081
1031-07-8
Endosulfan sulfate
0.10
16.0
8081
50-29-3
4,4'-DDT
0.10
16.0
8081
72-43-5
Methoxychlor
0.50
80.0
8081
53494-70-5
Endrin ketone
0.10
16.0
8081
7421-93-4
Endrin aldehyde
0.10
16.0
8081
5103-71-9
alpha-Chlordane
0.50
80.0
8081
5566-34-7
gamma-Chlordane
0.50
80.0
8081
8001-35-2
Toxaphene
1.0
160.0
8081
12674-11-2
Aroclor - 1016
0.50
80.0
8081
11104-28-2
Aroclor - 1221
0.50
80.0
8081
11141-16-5
Aroclor - 1232
0.50
80.0
8081
53469-21-9
Aroclor - 1242
0.50
80.0
8081
12672-29-6
Aroclor - 1248
0.50
80.0
8081
11097-69-1
Aroclor - 1254
1.0
160.0
8081
111096-82-5
Aroclor - 1260
1.0
160.0
8081
Required Quantitation Limits for soil are based on wet weight. Normally data is reported on a dry weight basis; therefore, Reporting Limits will be
higher, based on the percent solids in each sample.
77
Section 740.Table D Inorganic Analytical Parameters and Required Quantitation Limits
CAS No.
Analyte
Water
(μg/L)
Soil
(mg/Kg)
Method
7429-90-5
Aluminum
200
40
6010A
7440-36-0
Antimony
60
12
6010A
7440-38-2
Arsenic
10
2
7060A/7061A/
7062
7440-39-3
Barium
200
40
6010A
7440-41-7
Beryllium
5
1
6010A
7440-43-9
Cadmium
5
1
6010A
7440-70-2
Calcium
5000
1000
6010A
7440-47-3
Chromium
10
2
6010A
7440-48-4
Cobalt
50
10
6010A
7440-50-8
Copper
25
5
6010A
7439-89-6
Iron
100
20
6010A
7439-92-1
Lead
3
0.6
7421
7239-95-4
Magnesium
5000
1000
6010A
7439-96-5
Manganese
15
3
6010A
7439-97-6
Mercury
0.2
0.04
7470A/7471A
7440-02-0
Nickel
40
8
6010A
7440-09-7
Potassium
5000
1000
6010A
7782-49-2
Selenium
5
1
7740A/7741A/
7742
7440-22-4
Silver
10
2
6010A
7440-23-5
Sodium
5000
1000
6010A
7440-28-0
Thallium
10
2
7841
7440-62-2
Vanadium
50
10
6010A
7440-66-6
Zinc
20
4
6010A
57-12-5
Cyanide
10
2
9012
Required Quantitation Limits for soil are based on wet weight. Normally data is reported on a dry weight basis; therefore, Reporting Limits will be
higher, based on the percent dry weight in each sample.
78
Section 740.APPENDIX B Review and Evaluation Licensed Professional Engineer
Information
•
Firm name.
•
Address.
•
Telephone/fax.
•
Principal officials and titles.
•
Number of full-time employees.
•
Business structure (corporation, partnership, LLP, LLC, PSC).
•
Licensed by Secretary of State? # __________________________
•
Licensed by Dept. of Professional Regulation? # ____________
•
Name of Illinois Registered Managing Agent.
•
Names of insurance carriers and amount of coverage:
Worker’s Compensation: ________________________________
General Liability: ____________________________________
Professional Liability: _______________________________
•
Does the stated professional liability policy include coverage for “environmental”
claims related to release of pollutants? If not covered, or covered by a different carrier
or in a different amount, so state.
•
Has the firm or owners ever filed bankruptcy? If “yes,” state when and explain.
•
Is the firm an outgrowth, result, continuation or reorganization of a former business?
If “yes,” explain background.
•
List RELPEs and other key full-time employees that will participate on this project with
the RELPE. Provide resumes for each, including Illinois P.E. License #,
certifications, project role, years of experience in related work and education.
•
List five projects similar in nature and identify the role of the RELPE.
•
Are employees to be assigned to the project in compliance with 29 CFR 1910.120
(HAZWOPER training and medical surveillance) as applicable to their role on the
project?
79
TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE F: PUBLIC WATER SUPPLIES
CHAPTER I: POLLUTION CONTROL BOARD
PART 620
GROUNDWATER QUALITY
SUBPART A: GENERAL
Section
620.105
Purpose
620.110
Definitions
620.115
Prohibition
620.125
Incorporations by Reference
620.130
Exemption from General Use Standards and Public and Food Processing
Water Supply Standards
620.135
Exclusion for Underground Water in Certain Man-Made Conduits
SUBPART B: GROUNDWATER CLASSIFICATION
Section
620.201
Groundwater Designations
620.210
Class I: Potable Resource Groundwater
620.220
Class II: General Resource Groundwater
620.230
Class III: Special Resource Groundwater
620.240
Class IV: Other Groundwater
620.250
Groundwater Management Zone
620.260
Reclassification of Groundwater by Adjusted Standard
SUBPART C: NONDEGRADATION PROVISIONS FOR APPROPRIATE
GROUNDWATERS
Section
620.301
General Prohibition Against Use Impairment of Resource Groundwater
620.302
Applicability of Preventive Notification and Preventive Response
Activities
620.305
Preventive Notification Procedures
620.310
Preventive Response Activities
SUBPART D: GROUNDWATER QUALITY STANDARDS
Section
620.401
Applicability
80
620.405
General Prohibitions Against Violations of Groundwater Quality
Standards
620.410
Groundwater Quality Standards for Class I: Potable Resource
Groundwater
620.420
Groundwater Quality Standards for Class II: General Resource
Groundwater
620.430
Groundwater Quality Standards for Class III: Special Resource
Groundwater
620.440
Groundwater Quality Standards for Class IV: Other Groundwater
620.450
Alternative Groundwater Quality Standards
SUBPART E: GROUNDWATER MONITORING AND ANALYTICAL PROCEDURES
Section
620.505
Compliance Determination
620.510
Monitoring and Analytical Requirements
SUBPART F: HEALTH ADVISORIES
Section
620.601
Purpose of a Health Advisory
620.605
Issuance of a Health Advisory
620.610
Publishing Health Advisories
620.615
Additional Health Advice for Mixtures of Similar-Acting Substances
Appendix A Procedures for Determining Human Threshold Toxicant Advisory
Concentration for Class I: Potable Resource Groundwater
Appendix B Procedures for Determining Hazard Indices for Class I: Potable
Resource Groundwater for Mixtures of Similar-Acting Substances
Appendix C Guidelines for Determining When Dose Addition of Similar-Acting
Substances in Class I: Potable Resource Groundwaters is Appropriate
Appendix D Confirmation of an Adequate Corrective Action Pursuant to 35 Ill.
Adm. Code 620.250(a)(2)
AUTHORITY: Implementing and authorized by Section 8 of the Illinois Groundwater
Protection Act [415 ILCS 55/8].
SOURCE: Adopted in R89-14(B) at 15 Ill. Reg. 17614, effective November 25, 1991;
amended in R89-14(C) at 16 Ill. Reg. 14667, effective September 11, 1992; amended at 18
Ill. Reg. 14084, effective August 24, 1994; amended in R97-11 at 21 Ill. Reg. ___________,
effective July 1, 1997.
81
SUBPART B: GROUNDWATER CLASSIFICATION
Section 620.201 Groundwater Designations
All groundwaters of the State are designated as:
a)
One of the following four classes of groundwater in accordance with
Sections 620.210 through 620.240:
1)
Class I: Potable Resource Groundwater;
2)
Class II: General Resource Groundwater;
3)
Class III: Special Resource Groundwater;
4)
Class IV: Other Groundwater; or
b)
A groundwater management zone in accordance with Section 620.250.; or
c)
A groundwater management zone as defined in 35 Ill. Adm. Code 740.120 and
established under 35 Ill. Adm. Code 740.530.
(Source: Amended at 21 Ill. Reg. _________________, effective July 1, 1997)
Section 620.250 Groundwater Management Zone
a) Within any class of groundwater, a groundwater management zone may be
established as a three dimensional region containing groundwater being managed to
mitigate impairment caused by the release of contaminants from a site:
1) That is subject to a corrective action process approved by the Agency; or
2) For which the owner or operator undertakes an adequate corrective action in
a timely and appropriate manner and provides a written confirmation to the
Agency. Such confirmation must be provided in a form as prescribed by the
Agency.
b) A groundwater management zone is established upon concurrence by the Agency
that the conditions as specified in subsection (a) are met and groundwater
management continues for a period of time consistent with the action described in
that subsection.
c) A groundwater management zone expires upon the Agency's receipt of appropriate
documentation which confirms the completion of the action taken pursuant to
82
subsection (a) and which confirms the attainment of applicable standards as set forth
in Subpart D. The Agency shall review the on-going adequacy of controls and
continued management at the site if concentrations of chemical constituents, as
specified in Section 620.450(a)(4)(B), remain in groundwater at the site following
completion of such action. The review must take place no less often than every 5
years and the results shall be presented to the Agency in a written report.
d) Notwithstanding subsections (a) and (b) above, a groundwater management zone as
defined in 35 Ill. Adm. Code 740.120 may be established in accordance with the
requirements of 35 Ill. Adm. Code 740.530 for sites undergoing remediation
pursuant to the Site Remediation Program. Such a groundwater management zone
shall remain in effect until the requirements set forth at 35 Ill. Adm. Code
740.530(c) are met.
e) While the groundwater management zone established in accordance with 35 Ill.
Adm. Code 740.530 is in effect, the otherwise applicable standards as specified in
Subpart D of this Part shall not be applicable to the “contaminants of concern,” as
defined at 35 Ill. Adm. Code 740.120, for which groundwater remediation
objectives have been approved in accordance with the procedures of 35 Ill. Adm.
Code 740.
f) Notwithstanding subsection (c) above, the review requirements concerning the on-
going adequacy of controls and continued management at the site shall not apply to
groundwater within a three-dimensional region formerly encompassed by a
groundwater management zone established in accordance with 35 Ill. Adm. Code
740.530 while a No Further Remediation Letter issued in accordance with the
procedures of 35 Ill. Adm. Code 740 is in effect.
(Source: Amended at 21 Ill. Reg. __________________, effective July 1, 1997)
SUBPART D: GROUNDWATER QUALITY STANDARDS
Section 620.450 Alternative Groundwater Quality Standards
a)
Groundwater Quality Restoration Standards
1)
Any chemical constituent in groundwater within a groundwater
management zone is subject to this Section.
2)
Except as provided in subsections (a)(3) or (a)(4) below, the standards as
specified in Sections 620.410, 620.420, 620.430, and 620.440 apply to
any chemical constituent in groundwater within a groundwater
management zone.
83
3)
Prior to completion of a corrective action described in Section
620.250(a), the standards as specified in Sections 620.410, 620.420,
620.430, and 620.440 are not applicable to such released chemical
constituent, provided that the initiated action proceeds in a timely and
appropriate manner.
4)
After completion of a corrective action as described in Section
620.250(a), the standard for such released chemical constituent is:
A)
The standard as set forth in Section 620.410, 620.420, 620.430,
or 620.440, if the concentration as determined by groundwater
monitoring of such constituent is less than or equal to the
standard for the appropriate class set forth in those sections; or
B)
The concentration as determined by groundwater monitoring, if
such concentration exceeds the standard for the appropriate class
set forth in Section 620.410, 620.420, 620.430, or 620.440 for
such constituent, and:
i)
To the extent practicable, the exceedence has been
minimized and beneficial use, as appropriate for the class
of groundwater, has been returned; and
ii)
Any threat to public health or the environment has been
minimized.
5)
The Agency shall develop and maintain a listing of concentrations
derived pursuant to subsection (a)(4)(B) above. This list shall be made
available to the public and be updated periodically, but no less frequently
than semi-annually. This listing shall be published in the Environmental
Register.
b)
Coal Reclamation Groundwater Quality Standards
1)
Any inorganic chemical constituent or pH in groundwater, within an
underground coal mine, or within the cumulative impact area of
groundwater for which the hydrologic balance has been disturbed from
a permitted coal mine area pursuant to the Surface Coal Mining Land
Conservation and Reclamation Act [225 ILCS 720] (Ill. Rev. Stat. 1989,
ch. 96 1/2, pars. 7901.1 et seq., as amended) and 62 Ill. Adm. Code
1700 through 1850, is subject to this Section.
2)
Prior to completion of reclamation at a coal mine, the standards as
specified in Sections 620.410(a) and (d), 620.420(a) and (e), 620.430
and 620.440 are not applicable to inorganic constituents and pH.
84
3)
After completion of reclamation at a coal mine, the standards as
specified in Sections 620.410(a) and (d), 620.420(a), 620.430, and
620.440 are applicable to inorganic constituents and pH, except:
A)
The concentration of total dissolved solids (TDS) must not
exceed:
i)
The post-reclamation concentration or 3000 mg/L,
whichever is less, for groundwater within the permitted
area; or
ii)
The post-reclamation concentration of TDS must not
exceed the post-reclamation concentration or 5000 mg/L,
whichever is less, for groundwater in underground coal
mines and in permitted areas reclaimed after surface coal
mining if the Illinois Department of Mines and Minerals
and the Agency have determined that no significant
resource groundwater existed prior to mining (62 Ill.
Adm. Code 1780.21(f) and (g)); and
B)
For chloride, iron, manganese and sulfate, the post-reclamation
concentration within the permitted area must not be exceeded.
C)
For pH, the post-reclamation concentration within the permitted
area must not be exceeded within Class I: Potable Resource
Groundwater as specified in Section 620.210(a)(4).
4)
A refuse disposal area (not contained within the area from which
overburden has been removed) is subject to the inorganic chemical
constituent and pH requirements of:
A)
35 Ill. Adm. Code 302.Subparts B and C, except due to natural
causes, for such area that was placed into operation after
February 1, 1983, and before the effective date of this Part,
provided that the groundwater is a present or a potential source of
water for public or food processing;
B)
Section 620.440(c) for such area that was placed into operation
prior to February 1, 1983, and has remained in continuous
operation since that date; or
C)
Subpart D of this Part for such area that is placed into operation
on or after the effective date of this Part.
85
5)
For a refuse disposal area (not contained within the area from which
overburden has been removed) that was placed into operation prior to
February 1, 1983, and is modified after that date to include additional
area, this Section applies to the area that meets the requirements of
subsection (b)(4)(C) and the following applies to the additional area:
A)
35 Ill. Adm. Code 302.Subparts B and C, except due to natural
causes, for such additional refuse disposal area that was placed
into operation after February 1, 1983, and before the effective
date of this Part, provided that the groundwater is a present or a
potential source of water for public or food processing; and
B)
Subpart D for such additional area that was placed into operation
on or after the effective date of this Part.
6)
A coal preparation plant (not located in an area from which overburden
has been removed) which contains slurry material, sludge or other
precipitated process material, is subject to the inorganic chemical
constituent and pH requirements of:
A)
35 Ill. Adm. Code 302.Subparts B and C, except due to natural
causes, for such plant that was placed into operation after
February 1, 1983, and before the effective date of this Part,
provided that the groundwater is a present or a potential source of
water for public or food processing;
B)
Section 620.440(c) for such plant that was placed into operation
prior to February 1, 1983, and has remained in continuous
operation since that date; or
C)
Subpart D for such plant that is placed into operation on or after
the effective date of this Part.
7)
For a coal preparation plant (not located in an area from which
overburden has been removed) which contains slurry material, sludge or
other precipitated process material, that was placed into operation prior
to February 1, 1983, and is modified after that date to include additional
area, this Section applies to the area that meets the requirements of
subsection (b)(6)(C) and the following applies to the additional area:
A) 35 Ill. Adm. Code 302.Subparts B and C, except due to natural
causes, for such additional area that was placed into operation after
February 1, 1983, and before the effective date of this Part, provided
that the groundwater is a present or a potential source of water for
public or food processing; and
86
B) Subpart D for such additional area that was placed into operation on
or after the effective date of this Part.
c) Groundwater Quality Standards for Certain Groundwater Subject to a No Further
Remediation Letter under Part 740. While a No Further Remediation Letter is in
effect for a region formerly encompassed by a groundwater management zone
established under 35 Ill. Adm. 740.530, the groundwater quality standards for
“contaminants of concern”, as defined in 35 Ill. Adm. Code 740.120, within such
area shall be the groundwater objectives achieved as documented in the approved
Remedial Action Completion Report.
(Source: Amended at 21 Ill. Reg. ______________, effective July 1, 1997)
IT IS SO ORDERED.
Section 41 of the Environmental Protection Act (415 ILCS 5/41 (1996)) provides for
the appeal of final Board orders to the Illinois Appellate Court within 35 days of service of
this order. Illinois Supreme Court Rule 335 establishes such filing requirements. (See 145 Ill.
2d R. 335; see also 35 Ill. Adm. Code 101.246, Motions for Reconsideration.)
I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, hereby certify that
the above opinion and order was adopted on the 5th day of June 1997, by a vote of 7-0.
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board
