TITLE 35: ENVIRONMENTAL PROTECTION

TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE G: WASTE DISPOSAL
1. CHAPTER I: POLLUTION CONTROL BOARD
2. SUBCHAPTER d: UNDERGROUND INJECTION CONTROL AND UNDERGROUND
SUBPART D: MISCELLANEOUS PROVISIONS
1. Section 734.400 General
Subcontract or Field Eligible Handling Charges
1. Section 734.640 Apportionment of Costs
Type of Borehole Maximum Total Amount
Well Diameter Maximum Total Amount
Geo-Technical
Metals
Soil preparation for Metals TCLP Soil (one fee per sample)
Other

TITLE 35: ENVIRONMENTAL PROTECTION

SUBTITLE G: WASTE DISPOSAL

CHAPTER I: POLLUTION CONTROL BOARD

SUBCHAPTER d: UNDERGROUND INJECTION CONTROL AND

UNDERGROUND STORAGE TANK PROGRAMS

PART 734

PETROLEUM UNDERGROUND STORAGE TANKS

(RELEASES REPORTED ON OR AFTER JUNE 24, 2002)

SUBPART A: GENERAL

Section

734.100 Applicability

734.105

Election to Proceed under Part 734

734.110 Severability

734.115 Definitions

734.120

Incorporations by Reference

734.125

Agency Authority to Initiate Investigative, Preventive, or Corrective

Action

734.130

Licensed Professional Engineer or Licensed Professional Geologist

Supervision

734.135

Form and Delivery of Plans, Budgets, and Reports; Signatures and

Certifications

734.140

Development of Remediation Objectives

734.145

Notification of Field Activities

734.145

LUST Advisory Committee

SUBPART B: EARLY ACTION

Section

734.200 General

734.205

Agency Authority to Initiate

Application for Payment of Early Action Costs

SUBPART C: SITE INVESTIGATION AND CORRECTIVE ACTION

Section

734.300 General

734.305

Agency Authority to Initiate

734.310

Site Investigation – General

734.315

Stage 1 Site Investigation

734.320

Stage 2 Site Investigation

734.325

Stage 3 Site Investigation

734.330

Site Investigation Completion Report

734.335

Corrective Action Plan

734.340

Alternative Technologies

734.345

Corrective Action Completion Report

SUBPART D: MISCELLANEOUS PROVISIONS

Section

Remediation Objectives

Monitoring Well Construction and Sampling

734.435

Sealing of Soil Borings and Groundwater Monitoring Wells

734.440

Site Map Requirements

734.445

Water Supply Well Survey

734.450

Deferred Site Investigation or Corrective Action; Priority List for Payment

SUBPART E: REVIEW OF PLANS, BUDGETS, AND REPORTS

Section

734.500 General

734.505

Review of Plans, Budgets, or Reports

734.510

Standards for Review of Plans, Budgets, or Reports

SUBPART F: PAYMENT FROM THE FUND

Section

734.600 General

734.605

Applications for Payment

734.610

Review of Applications for Payment

734.615

Authorization for Payment; Priority List

734.620

Limitations on Total Payments

734.625

Eligible Corrective Action Costs

734.630

Ineligible Corrective Action Costs

734.635

Payment for Handling Charges

734.640

Apportionment of Costs

734.645

Subrogation of Rights

734.650 Indemnification

734.655

Costs Covered by Insurance, Agreement, or Court Order

734.660

Determination and Collection of Excess Payments

734.665

Audits and Access to Records; Records Retention

SUBPART G: NO FURTHER REMEDIATION LETTERS

AND RECORDING REQUIREMENTS

Section

734.700 General

734.705

Issuance of a No Further Remediation Letter

734.710

Contents of a No Further Remediation Letter

734.715

Duty to Record a No Further Remediation Letter

734.720

Voidance of a No Further Remediation Letter

SUBPART H: MAXIMUM PAYMENT AMOUNTS

Section

734.800 Applicability

734.810

UST Removal or Abandonment Costs

734.815

Free Product or Groundwater Removal and Disposal

734.820

Drilling, Well Installation, and Well Abandonment

734.825

Soil Removal and Disposal

734.830 Drum

Disposal

734.835

Sample Handling and Analysis

734.840

Concrete, Asphalt, and Paving; Destruction or Dismantling and

Reassembly of Above Grade Structures

734.845

Professional Consulting Services

734.850

Payment on Time and Materials Basis

734.855 Bidding

734.865

Unusual or Extraordinary Circumstances

734.870

Increase in Maximum Payment Amounts

734.875

Agency Review of Payment Amounts

734.APPENDIX A

Indicator Contaminants

734.APPENDIX B

Additional Parameters

734.APPENDIX C

Backfill Volumes

734.APPENDIX D

Sample Handling and Analysis

734.APPENDIX E

Personnel Titles and Rates

AUTHORITY: Implementing Sections 22.12 and 57 - 57.17 and authorized by Sections

5, 22, 27, and 57.14A of the Environmental Protection Act [415 ILCS 5/5, 22, 22.12, 27,

NOTE: Italics denotes statutory language.

SUBPART A: GENERAL

Section 734.100

Applicability

This Part applies to owners or operators of any underground storage tank

system used to contain petroleum and for which a release is reported to

IEMA on or after [effective date of rules] in accordance with OSFM

regulations.

It does not apply to owners or operators of sites for which the

OSFM does not require a report to IEMA or for which the OSFM has

issued or intends to issue a certificate of removal or abandonment pursuant

to Section 57.5 of the Act.

For releases reported on or after June 24, 2002, but prior to

[effective date of rules], and for owners and operators electing

prior to [effective date of rules] to proceed in accordance with Title

XVI of the Act as amended by P.A. 92-0554, the Agency may

deem that one or more requirements of this Part have been

satisfied, based upon activities conducted prior to [effective date of

rules], even though the activities were not conducted in strict

accordance with the requirements of this Part. For example, an

owner or operator that adequately defined the extent of on-site

contamination prior to [effective date of rules] may be deemed to

have satisfied Sections 734.210(h) and 734.315 even though

sampling was not conducted in strict accordance with those

Sections.

Costs incurred pursuant to a budget approved prior to [effective

date of rules] shall be reimbursed in accordance with the amounts

approved in the budget and shall not be subject to the maximum

payment amounts set forth in Subpart H of this Part.

Owners or operators of any underground storage tank system used to

contain petroleum and for which a release was reported to the proper State

authority prior to June 24, 2002, may elect to proceed in accordance with

this Part pursuant to Section 734.105 of this Part.

Upon the receipt of a corrective action order issued by the OSFM on or

after June 24, 2002, and pursuant to Section 57.5(g) of the Act, where the

OSFM has determined that a release poses a threat to human health or the

environment, the owner or operator of any underground storage tank

system used to contain petroleum and taken out of operation before

January 2, 1974, or any underground storage tank system used exclusively

to store heating oil for consumptive use on the premises where stored and

which serves other than a farm or residential unit, shall conduct corrective

action in accordance with this Part.

Owners or operators subject to this Part by law or by election shall

proceed expeditiously to comply with all requirements of the Act and the

regulations and to obtain the No Further Remediation Letter signifying

final disposition of the site for purposes of this Part. The Agency may use

its authority pursuant to the Act and Section 734.125 of this Part to

expedite investigative, preventive, or corrective action by an owner or

operator or to initiate such action.

The following underground storage tank systems are excluded from the

requirements of this Part:

Equipment or machinery that contains petroleum substances for

operational purposes, such as hydraulic lift tanks and electrical

equipment tanks.

Any underground storage tank system whose capacity is 110

gallons or less.

Any underground storage tank system that contains a de minimis

concentration of petroleum substances.

Any emergency spill or overfill containment underground storage

tank system that is expeditiously emptied after use.

Any wastewater treatment tank system that is part of a wastewater

treatment facility regulated under Section 402 or 307(b) of the

Clean Water Act [33 U.S.C. 1251

et seq

. (1972)].

Any UST system holding hazardous waste listed or identified

under Subtitle C of the Solid Waste Disposal Act [42 U.S.C. 3251

et seq

.] or a mixture of such hazardous waste or other regulated

substances.

Section 734.105

Election to Proceed under Part 734

Owners or operators of any underground storage tank system used to

contain petroleum and for which a release was reported to the proper State

authority prior to June 24, 2002, may elect to proceed in accordance with

this Part by submitting to the Agency a written statement of such election

signed by the owner or operator. Such election shall be submitted on

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

Agency in writing, in an electronic format. Corrective action shall then

follow the requirements of this Part. The election shall be effective upon

receipt by the Agency and shall not be withdrawn once made.

Except as provided in Section 734.100(c) of this Part, owners or operators

of underground storage tanks used exclusively to store heating oil for

consumptive use on the premises where stored and that serve other than a

farm or residential unit may elect to proceed in accordance with this Part

by submitting to the Agency a written statement of such election signed by

the owner or operator. Such election shall be submitted on forms

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

writing, in an electronic format. Corrective action shall then follow the

requirements of this Part. The election shall be effective upon receipt by

the Agency and shall not be withdrawn once made.

Owners and operators electing pursuant to this Section to proceed in

accordance with this Part shall submit with their election a summary of the

activities conducted to date and a proposed starting point for compliance

with this Part. The Agency shall review and approve, reject, or modify the

submission in accordance with the procedures contained in Subpart E of

this Part. The Agency may deem a requirement of this Part to have been

met, based upon activities conducted prior to an owner’s or operator’s

election, even though the activities were not conducted in strict

accordance with the requirement. For example, an owner or operator that

adequately defined the extent of on-site contamination prior to the election

may be deemed to have satisfied Sections 734.210(h) and 734.315 even

though sampling was not conducted in strict accordance with those

Sections.

If the owner or operator elects to proceed pursuant to this Part, corrective

action costs incurred in connection with the release and prior to the

notification of election shall be payable from the Fund in the same manner

as was allowable under the law applicable to the owner or operator prior

to the notification of election. Corrective action costs incurred after the

notification of election shall be payable from the Fund in accordance with

this Part.

This Section does not apply to any release for which the Agency has

issued a No Further Remediation Letter.

Section 734.110

Severability

If any provision of this Part or its application to any person or under any circumstances is

adjudged invalid, such adjudication shall not affect the validity of this Part as a whole or

of any portion not adjudged invalid.

Section 734.115

Definitions

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

from the context, the definitions of words or terms in this Part shall be the same as those

applied to the same words or terms in the Environmental Protection Act [415 ILCS 5].

"Act" means the Environmental Protection Act [415 ILCS 5].

"Agency" means the Illinois Environmental Protection Agency.

"Alternative Technology" means a process or technique, other than conventional

technology, used to perform a corrective action with respect to soils contaminated

by releases of petroleum from an underground storage tank.

"Board" means the Illinois Pollution Control Board.

“Bodily Injury” means bodily injury, sickness, or disease sustained by a person,

including death at any time, resulting from a release of petroleum from an

underground storage tank

[415 ILCS 5/57.2].

“Community water supply” means a public water supply which serves or is

intended to serve at least 15 service connections used by residents or regularly

serves at least 25 residents

[415 ILCS 5/3.145].

“Confirmation of a release” means the confirmation of a release of petroleum in

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

at 41 Ill. Adm. Code 170.

"Confirmed Release" means a release of petroleum that has been confirmed in

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

at 41 Ill. Adm. Code 170.

"Conventional Technology" means a process or technique to perform a corrective

action by removal, transportation, and disposal of soils contaminated by a release

of petroleum from an underground storage tank in accordance with applicable

laws and regulations, but without processing to remove petroleum from the soils.

“Corrective action” means activities associated with compliance with the

provisions of Sections 57.6 and 57.7

of the Act [415 ILCS 5/57.2].

“County highway” means county highway as defined in the Illinois Highway

Code, 605 ILCS 5.

“District road” means district road as defined in the Illinois Highway Code, 605

ILCS 5.

“Environmental Land Use Control” means Environmental Land Use Control as

defined in 35 Ill. Adm. Code 742.200.

“Federal Landholding Entity” means that federal department, agency, or

instrumentality with the authority to occupy and control the day-to-day use,

operation, and management of Federally Owned Property.

“Federally Owned Property” means real property owned in fee simple by the

United States on which an institutional control is or institutional controls are

sought to be placed in accordance with this Part.

“Fill material” means non-native or disturbed materials used to bed and backfill

around an underground storage tank

[415 ILCS 5/57.2].

“Financial interest” means any ownership interest, legal or beneficial, or being in

the relationship of director, officer, employee, or other active participant in the

affairs of a party. Financial interest does not include ownership of publicly traded

stock.

"Free Product" means a contaminant that is present as a non-aqueous phase liquid

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

water).

"Full Accounting" means a compilation of documentation to establish,

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

incurred by an owner or operator.

“Fund” means the Underground Storage Tank Fund

[415 ILCS 5/57.2].

“GIS” means Geographic Information System.

“GPS” means Global Positioning System.

“Groundwater” means underground water which occurs within the saturated

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

or greater than atmospheric pressure

[415 ILCS 5/3.210].

“Half-day” means four hours, or a fraction thereof, of billable work time. Half-

days shall be based upon the total number of hours worked in one calendar day.

The total number of half-days per calendar day may exceed two.

"Handling Charges" means administrative, insurance, and interest costs and a

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

field purchases.

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

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

fuel oils including navy special fuel oil and bunker c

[415 ILCS 5/57.2].

“Highway authority” means the Illinois Department of Transportation

with

respect to a State highway;

the Illinois State Toll Highway Authority with respect

to a toll highway;

the county board with respect to a county highway or a county

unit district road if a discretionary function is involved and the county

superintendent of highways if a ministerial function is involved; the highway

commissioner with respect to a township or district road not in a county or unit

road district; or the corporate authorities of a municipality with respect to a

municipal street

[605 ILCS 5/2-213].

“Highway Authority Agreement” means an agreement with a highway authority

that meets the requirements of 35 Ill. Adm. Code 742.1020.

"IEMA" means the Illinois Emergency Management Agency.

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

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

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

by any agency of State government or any subdivision thereof, or for the amount

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

determination, or settlement arises out of bodily injury or property damage

suffered as a result of a release of petroleum from an underground storage tank

owned or operated by the owner or operator

[415 ILCS 5/57.2].

“Indicator contaminants” means the indicator contaminants set forth in Section

734.405 of this Part.

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

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

“Land Use Control Memorandum of Agreement” means an agreement entered

into between one or more agencies of the United States and the Illinois

Environmental Protection Agency that limits or places requirements upon the use

of Federally Owned Property for the purpose of protecting human health or the

environment, or that is used to perfect a No Further Remediation Letter that

contains land use restrictions.

“Licensed Professional Engineer” means a person, corporation or partnership

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

engineering

[415 ILCS 5/57.2].

“Licensed Professional Geologist” means a person licensed under the laws of the

State of Illinois to practice as a professional geologist

[415 ILCS 5/57.2].

"Man-made Pathway" means a constructed route that may allow for the transport

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

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

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

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

groundwater quality or quantity.

"Natural Pathway" means a natural route for the transport of mobile petroleum

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

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

“Non-community water supply” means a public water supply that is not a

community water supply

[415 ILCS 5/3.145].

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

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

storage tank

[415 ILCS 5/57.2].

"OSFM" means the Office of the State Fire Marshal.

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

operation of the underground storage tank. (Derived from 42 USC 6991)

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

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

"operator" merely by the undertaking of such action.

"Owner"

means:

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

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

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

substances;

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

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

underground storage tank immediately before the discontinuation of its

use. (Derived from 42 USC 6991)

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

public on notice, or as otherwise provided in Sections 734.715(c) and (d) of this

Part.

"Person" means, for the purposes of interpreting the definitions of the terms

"owner" or "operator," an individual, trust, firm, joint stock company, joint

venture, consortium, commercial entity, corporation (including a government

corporation), partnership, association, State, municipality, commission, political

subdivision of a State, or any interstate body and shall include the United States

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

States. (Derived from 42 USC 6991)

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

liquid at standard conditions of temperature and pressure (60°F and 14.7 pounds

per square inch absolute). (Derived from 42 USC 6991)

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

accepted water supply principles and practices

[415 ILCS 5/3.340].

"Practical quantitation limit" (“PQL”) 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

734.120 of this Part. For filtered water samples, PQL also means the Method

Detection Limit or Estimated Detection Limit in accordance with the applicable

method revision in: "Methods for the Determination of Metals in Environmental

Samples," EPA Publication No. EPA/600/4-91/010; "Methods for the

Determination of Metals in Environmental Samples, Supplement I," EPA

Publication No. EPA/600/R-94/111; "Methods for the Determination of Organic

Compounds in Drinking Water," EPA Publication No. EPA/600/4-88/039;

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

Supplement II," EPA Publication No. EPA/600/R-92/129; or "Methods for the

Determination of Organic Compounds in Drinking Water, Supplement III," EPA

Publication No. EPA/600/R-95/131, all of which are incorporated by reference at

Section 734.120 of this Part.

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

tangible property

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

from which a release of petroleum has occurred and which tangible property is

located off the site where the release occurred. Property damage includes

all

resulting loss of use of that property; or loss of use of tangible property that is not

physically injured, destroyed or contaminated, but has been evacuated,

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

from an underground storage tank

[415 ILCS 5/57.2].

“Public water supply” means all mains, pipes and structures through which

water is obtained and distributed to the public, including wells and well

structures, intakes and cribs, pumping stations, treatment plants, reservoirs,

storage tanks and appurtenances, collectively or severally, actually used or

intended for use for the purpose of furnishing water for drinking or general

domestic use and which serve at least 15 service connections or which regularly

serve at least 25 persons at least 60 days per year. A public water supply is either

a “community water supply” or a “non-community water supply”

[415 ILCS

5/3.365].

"Registration" means registration of an underground storage tank with the OSFM

in accordance with Section 4 of the Gasoline Storage Act [430 ILCS 15/4].

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

the Board,

[35 Ill. Adm. Code Subtitle F]

the geology of which renders a potable

resource groundwater particularly susceptible to contamination

[415 ILCS

5/3.390].

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

Comprehensive Environmental Response, Compensation, and Liability Act of

1980 [42 USC 9601(14)] (but not including any substance regulated as a

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

[42 USC 6921 et seq.]), and petroleum. (Derived from 42 USC 6991)

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

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

surface water or subsurface soils

[415 ILCS 5/57.2].

"Residential Tank" means an underground storage tank located on property used

primarily for dwelling purposes.

"Residential Unit" means a structure used primarily for dwelling purposes

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

cooperatives, or dormitories.

“Right-of-way”

means

the land, or interest therein, acquired for or devoted to a

highway

[605 ILCS 5/2-217].

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

[415

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

or regulations

[35 Ill. Adm. Code Subtitle F]

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

having a continuous boundary, and within which certain prohibitions or

regulations are applicable in order to protect groundwater

[415 ILCS 5/3.450].

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

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

[415 ILCS

5/57.2].

“State highway” means state highway as defined in the Illinois Highway Code,

605 ILCS 5.

“Street” means street as defined in the Illinois Highway Code, 605 ILCS 5.

"Surface Body of Water" or "Surface Water Body" means a natural or man-made

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

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

body of water does not include puddles or other accumulations of precipitation,

run-off, or groundwater in UST excavations.

“Toll highway” means toll highway as defined in the Toll Highway Act, 605

ILCS 10.

“Township road” means township road as defined in the Illinois Highway Code,

605 ILCS 5.

"Underground Storage Tank" or "UST" means any one or combination of tanks

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

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

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

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

following or any pipes connected thereto:

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

motor fuel for noncommercial purposes;

Septic

tank;

Pipeline facility (including gathering lines) regulated under the Natural

Gas Pipeline Safety Act of 1968 [49 USC App. 1671 et seq.], or the

Hazardous Liquid Pipeline Safety Act of 1979 [49 USC App. 2001 et

seq.], or which is an intrastate pipeline facility regulated under State laws

as provided in either of these provisions of law, and that is determined by

the Secretary of Energy to be connected to a pipeline or to be operated or

intended to be capable of operating at pipeline pressure or as an integral

part of a pipeline;

Surface impoundment, pit, pond, or lagoon;

Storm water or waste water collection system;

Flow-through process tank;

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

production and gathering operations; or

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

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

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

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

storage tank used exclusively to store heating oil for consumptive use on

the premises where stored and which serves other than a farm or

residential unit

[415 ILCS 5/57.2].

"UST system" or "tank system" means an underground storage tank, connected

underground piping, underground ancillary equipment, and containment system, if

any.

“Wellhead Protection Area” means the wellhead protection area of a community

water supply well as determined under the Agency’s wellhead protection program

pursuant to 42 USC § 300h-7.

Section 734.120

Incorporations by Reference

The Board incorporates the following material by reference:

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

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

9585

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

Soils for Engineering Purposes, approved September 15, 1993.

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

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

“Methods for the Determination of Metals in Environmental

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

“Methods for the Determination of Metals in Environmental

Samples, Supplement I,” EPA Publication No. EPA/600/R-94/111

(May 1994);

“Methods for the Determination of Organic Compounds in

Drinking Water,” EPA Publication No. EPA/600/4-88/039

(December 1988) (revised July 1991);

“Methods for the Determination of Organic Compounds in

Drinking Water, Supplement II,” EPA Publication No.

EPA/600/R-92/129 (August 1992);

“Methods for the Determination of Organic Compounds in

Drinking Water, Supplement III,” EPA Publication No.

EPA/600/R-95/131 (August 1995);

“Test Methods for Evaluating Solid Wastes, Physical/Chemical

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

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

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

This Section incorporates no later editions or amendments.

Section 734.125

Agency Authority to Initiate Investigative, Preventive, or

Corrective Action

The Agency has the authority to do either of the following:

Provide notice to the owner or operator, or both, of an

underground storage tank whenever there is a release or

substantial threat of a release of petroleum from such tank. Such

notice shall include the identified investigation or response action

and an opportunity for the owner or operator, or both, to perform

the response action.

Undertake investigative, preventive or corrective action whenever

there is a release or a substantial threat of a release of petroleum

from an underground storage tank

[415 ILCS 5/57.12(c)].

If notice has been provided under this Section, the Agency has the

authority to require the owner or operator, or both, of an underground

storage tank to undertake preventive or corrective action whenever there

is a release or substantial threat of a release of petroleum from such tank

[415 ILCS 5/57.12(d)].

Section 734.130

Licensed Professional Engineer or Licensed Professional

Geologist Supervision

All investigations, plans, budgets, and reports conducted or prepared under this Part,

excluding Corrective Action Completion Reports submitted pursuant to Section 734.345

of this Part, shall be conducted or prepared under the supervision of a Licensed

Professional Engineer or Licensed Professional Geologist. Corrective Action

Completion Reports submitted pursuant to Section 734.345 of this Part shall be prepared

under the supervision of a Licensed Professional Engineer.

Section 734.135

Form and Delivery of Plans, Budgets, and Reports; Signatures

and Certifications

All plans, budgets, and reports shall be submitted to the Agency on forms

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

writing, in an electronic format.

All plans, budgets, and reports shall be mailed or delivered to the address

designated by the Agency. The Agency’s record of the date of receipt

shall be deemed conclusive unless a contrary date is proven by a dated,

signed receipt from certified or registered mail.

All plans, budgets, and reports shall be signed by the owner or operator

and list the owner’s or operator’s full name, address, and telephone

number.

All plans, budgets, and reports submitted pursuant to this Part, excluding

Corrective Action Completion Reports submitted pursuant to Section

734.345 of this Part, shall contain the following certification from a

Licensed Professional Engineer or Licensed Professional Geologist.

Corrective Action Completion Reports submitted pursuant to Section

734.345 of this Part shall contain the following certification from a

Licensed Professional Engineer.

I certify under penalty of law that all activities that are the subject

of this plan, budget, or report were conducted under my

supervision or were conducted under the supervision of another

Licensed Professional Engineer or Licensed Professional Geologist

and reviewed by me; that this plan, budget, or report and all

attachments were prepared under my supervision; that, to the best

of my knowledge and belief, the work described in the plan,

budget, or report has been completed in accordance with the

Environmental Protection Act [415 ILCS 5], 35 Ill. Adm. Code

734, and generally accepted standards and practices of my

profession; and that the information presented is accurate and

complete. I am aware there are significant penalties for submitting

false statements or representations to the Agency, including but not

limited to fines, imprisonment, or both as provided in Sections 44

and 57.17 of the Environmental Protection Act [415 ILCS 5/44 and

57.17].

Except in the case of sites subject to Section 734.715(c) or (d) of this Part,

reports documenting the completion of corrective action at a site must

contain a form addressing site ownership. At a minimum, the form shall

identify the land use limitations proposed for the site, if land use

limitations are proposed; the site’s common address, legal description, and

real estate tax/parcel index number; and the names and addresses of all

title holders of record of the site or any portion of the site. The form shall

also contain the following certification, by original signature, of all title

holders of record of the site or any portion of the site, or the agent(s) of

such person(s):

I hereby affirm that I have reviewed the attached report entitled

and dated

, and that I accept the terms and

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

apply to property I own. I further affirm that I have no objection to

the recording of a No Further Remediation Letter containing the

terms and conditions identified in the report upon the property I

own.

Section 734.140

Development of Remediation Objectives

The owner or operator shall propose remediation objectives for the applicable indicator

contaminants in accordance with 35 Ill. Adm. Code 742.

BOARD NOTE: Several provisions of this Part require the owner or operator to

determine whether contamination exceeds the most stringent Tier 1 remediation

objectives of 35 Ill. Adm. Code 742. Please note that these requirements do not limit the

owner’s or operator’s ability to use Tier 2 or Tier 3 remediation objectives in accordance

with 35 Ill. Adm. Code 742.

The owner or operator may develop remediation objectives at any time

during site investigation or corrective action. Prior to developing Tier 2 or

Tier 3 remediation objectives the owner or operator shall propose the

development of remediation objectives in the appropriate site investigation

plan or corrective action plan. Documentation of the development of

remediation objectives shall be included as a part of the appropriate plan

or report.

Any owner or operator intending to seek payment from the Fund shall,

prior to the development of Tier 2 or Tier 3 remediation objectives,

propose the costs for such activities in the appropriate budget. The costs

should be consistent with the eligible and ineligible costs listed at Sections

734.625 and 734.630 of this Part and the maximum payment amounts set

forth in Subpart H of this Part.

Upon the Agency’s approval of a plan that includes the development of

remediation objectives, the owner or operator shall proceed to develop

remediation objectives in accordance with the plan.

If, following the approval of any plan or associated budget that includes

the development of remediation objectives, an owner or operator

determines that a revised plan or budget is necessary, the owner or

operator shall submit, as applicable, an amended plan or associated budget

to the Agency for review. The Agency shall review and approve, reject,

or require modification of the amended plan or budget in accordance with

Subpart E of this Part.

Notwithstanding any requirement under this Part for the submission of a

plan or budget that includes the development of remediation objectives, an

owner or operator may proceed to develop remediation objectives prior to

the submittal or approval of an otherwise required plan or budget.

However, any such plan or budget shall be submitted to the Agency for

review and approval, rejection, or modification in accordance with the

procedures contained in Subpart E of this Part prior to receiving payment

for any related costs or the issuance of a No Further Remediation Letter.

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

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

Furthermore, applications for payment must be submitted no later than one

year after the date the Agency issues a No Further Remediation Letter.

See Subpart F of this Part.

Section 734.145

Notification of Field Activities

The Agency may require owners and operators to notify the Agency of field activities

prior to the date the field activities take place. The notice shall include information

prescribed by the Agency, and may include, but is not be limited to, a description of the

field activities to be conducted, the person conducting the activities, and the date, time,

and place the activities will be conducted. The Agency may, but is not required to, allow

notification by telephone, facsimile, or electronic mail. This Section does not apply to

activities conducted within 45 days plus 14 days after initial notification to IEMA of a

release, or to free product removal activities conducted within 45 days plus 14 days after

the confirmation of the presence of free product.

Section 734.145

LUST Advisory Committee

Once each calendar quarter the Agency shall meet with a LUST Advisory Committee to

discuss the Agency’s implementation of this Part, provided that the Agency or members

of the Committee raise one or more issues for discussion. The LUST Advisory

Committee shall consist of the following individuals: one member designated by the

Illinois Petroleum Marketers Association, one member designated by the Illinois

Petroleum Council, one member designated by the American Consulting Engineers

Council of Illinois, one member designated by the Illinois Society of Professional

Engineers, one member designated by the Illinois Chapter of the American Institute of

Professional Geologists, one member designated by the Professionals of Illinois for the

Protection of the Environment, one member designated by the Illinois Association of

Environmental Laboratories, one member designated by the Illinois Environmental

Regulatory Group, one member designated by the Office of the State Fire Marshal, and

one member designated by the Illinois Department of Transportation. Members of the

LUST Advisory Committee shall serve without compensation.

SUBPART B: EARLY ACTION

Section 734.200

General

Owners and operators of underground storage tanks shall, in response to all

confirmed releases of petroleum, comply with all applicable statutory and regulatory

reporting and response requirements

. No work plan or corresponding budget shall be

required for conducting early action activities, excluding free product removal activities

conducted more than 45 days after confirmation of the presence of free product. [415

ILCS 5/57.6(a)]

Section 734.205

Agency Authority to Initiate

Pursuant to Sections 734.100 or 734.125 of this Part, the Agency shall have the authority

to require or initiate early action activities in accordance with the remainder of this

Subpart B.

Section 734.210

Early Action

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

accordance with regulations promulgated by the OSFM, the owner or

operator, or both, shall perform the following initial response actions

within 24 hours after the release:

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

Take immediate action to prevent any further release of the

regulated substance to the environment; and

Identify and mitigate fire, explosion and vapor hazards.

Within 20 days after initial notification to IEMA of a release plus 14 days,

the owner or operator shall perform the following initial abatement

measures:

Remove as much of the petroleum from the UST system as is

necessary to prevent further release into the environment;

Visually inspect any aboveground releases or exposed below

ground releases and prevent further migration of the released

substance into surrounding soils and groundwater;

Continue to monitor and mitigate any additional fire and safety

hazards posed by vapors or free product that have migrated from

the UST excavation zone and entered into subsurface structures

(such as sewers or basements);

Remedy hazards posed by contaminated soils that are excavated or

exposed as a result of release confirmation, site investigation,

abatement or corrective action activities. If these remedies include

treatment or disposal of soils, the owner or operator shall comply

with 35 Ill. Adm. Code 722, 724, 725, and 807 through 815;

Measure for the presence of a release where contamination is most

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

of the release have been confirmed in accordance with regulations

promulgated by the OSFM. In selecting sample types, sample

locations, and measurement methods, the owner or operator shall

consider the nature of the stored substance, the type of backfill,

depth to groundwater and other factors as appropriate for

identifying the presence and source of the release; and

Investigate to determine the possible presence of free product, and

begin removal of free product as soon as practicable and in

accordance with Section 734.215 of this Part.

Within 20 days after initial notification to IEMA of a release plus 14 days,

the owner or operator shall submit a report to the Agency summarizing the

initial abatement steps taken under subsection (b) of this Section and any

resulting information or data.

Within 45 days after initial notification to IEMA of a release plus 14 days,

the owner or operator shall assemble information about the site and the

nature of the release, including information gained while confirming the

release or completing the initial abatement measures in subsections (a) and

(b) of this Section. This information shall include, but is not limited to,

the following:

Data on the nature and estimated quantity of release;

Data from available sources or site investigations concerning the

following factors: surrounding populations, water quality, use and

approximate locations of wells potentially affected by the release,

subsurface soil conditions, locations of subsurface sewers,

climatological conditions and land use;

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

Section; and

Results of the free product investigations required at subsection

(b)(6) of this Section, to be used by owners or operators to

determine whether free product must be recovered under Section

734.215 of this Part.

Within 45 days after initial notification to IEMA of a release plus 14 days,

the owner or operator shall submit to the Agency the information collected

in compliance with subsection (d) of this Section in a manner that

demonstrates its applicability and technical adequacy.

Notwithstanding any other corrective action taken, an owner or operator

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

remove the tank system, or abandon the underground storage tank in

place, in accordance with the regulations promulgated by the Office of the

State Fire Marshal

(see 41 Ill. Adm. Code 160, 170, 180, 200).

The

owner may remove visibly contaminated fill material and any

groundwater in the excavation which exhibits a sheen

For purposes of

payment of early action costs, however, fill material shall not be removed

in an amount in excess of 4 feet from the outside dimensions of the tank.

Early action may also include disposal in accordance with applicable

regulations or ex situ treatment of contaminated fill material removed

from within 4 feet from the outside dimensions of the tank. [415 ILCS

5/57.6(b)].

For purposes of payment from the Fund, the activities set forth in

subsection (f) of this Section shall be performed within 45 days after

initial notification to IEMA of a release plus 14 days, unless special

circumstances, approved by the Agency in writing, warrant continuing

such activities beyond 45 days plus 14 days. The owner or operator shall

notify the Agency in writing of such circumstances within 45 days after

initial notification to IEMA of a release plus 14 days. Costs incurred

beyond 45 days plus 14 days shall be eligible if the Agency determines

that they are consistent with early action.

BOARD NOTE: Owners or operators seeking payment from the Fund are

to first notify IEMA of a suspected release and then confirm the release

within 14 days to IEMA pursuant to regulations promulgated by the

OSFM. See 41 Ill. Adm. Code 170.560 and 170.580. The Board is setting

the beginning of the payment period at subsection (g) to correspond to the

notification and confirmation to IEMA.

The owner or operator shall determine whether the areas or locations of

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

excavation boundaries, piping runs) or surrounding USTs that remain in

place meet the most stringent Tier 1 remediation objectives of 35 Ill. Adm.

Code 742 for the applicable indicator contaminants.

At a minimum, for each UST that is removed, the owner or

operator shall collect and analyze soil samples as follows. The

Agency shall allow an alternate location for, or excuse the

collection of, one or more samples if sample collection in the

following locations is made impracticable by site-specific

circumstances.

One sample shall be collected from each UST excavation

wall. The samples shall be collected from locations

representative of soil that is the most contaminated as a

result of the release. If an area of contamination cannot be

identified on a wall, the sample shall be collected from the

center of the wall length at a point located one-third of the

distance from the excavation floor to the ground surface.

For walls that exceed 20 feet in length, one sample shall be

collected for each 20 feet of wall length, or fraction thereof,

and the samples shall be evenly spaced along the length of

the wall.

Two samples shall be collected from the excavation floor

below each UST with a volume of 1,000 gallons or more.

One sample shall be collected from the excavation floor

below each UST with a volume of less than 1,000 gallons.

The samples shall be collected from locations

representative of soil that is the most contaminated as a

result of the release. If areas of contamination cannot be

identified, the samples shall be collected from below each

end of the UST if its volume is 1,000 gallons or more, and

from below the center of the UST if its volume is less than

1,000 gallons.

One sample shall be collected from the floor of each 20 feet

of UST piping run excavation, or fraction thereof. The

samples shall be collected from a location representative of

soil that is the most contaminated as a result of the release.

If an area of contamination cannot be identified within a

length of piping run excavation being sampled, the sample

shall be collected from the center of the length being

sampled. For UST piping abandoned in place, the samples

shall be collected in accordance with subsection (h)(2)(B)

of this Section.

If backfill is returned to the excavation, one representative

sample of the backfill shall be collected for each 100 cubic

yards of backfill returned to the excavation.

The samples shall be analyzed for the applicable indicator

contaminants. In the case of a used oil UST, the sample

that appears to be the most contaminated as a result of a

release from the used oil UST shall be analyzed in

accordance with Section 734.405(g) of this Part to

determine the indicator contaminants for used oil. The

remaining samples collected pursuant to subsections

(h)(1)(A) and (B) of this Section shall then be analyzed for

the applicable used oil indicator contaminants.

At a minimum, for each UST that remains in place, the owner or

operator shall collect and analyze soil samples as follows. The

Agency shall allow an alternate location for, or excuse the drilling

of, one or more borings if drilling in the following locations is

made impracticable by site-specific circumstances.

One boring shall be drilled at the center point along each

side of each UST, or along each side of each cluster of

multiple USTs, remaining in place. If a side exceeds 20

feet in length, one boring shall be drilled for each 20 feet of

side length, or fraction thereof, and the borings shall be

evenly spaced along the side. The borings shall be drilled

in the native soil surrounding the UST(s) and as close

practicable to, but not more than five feet from, the backfill

material surrounding the UST(s). Each boring shall be

drilled to a depth of 30 feet below grade, or until

groundwater or bedrock is encountered, whichever is less.

Borings may be drilled below the groundwater table if site

specific conditions warrant, but no more than 30 feet below

grade.

Two borings, one on each side of the piping, shall be

drilled for every 20 feet of UST piping, or fraction thereof,

that remains in place. The borings shall be drilled as close

practicable to, but not more than five feet from, the

locations of suspected piping releases. If no release is

suspected within a length of UST piping being sampled, the

borings shall be drilled in the center of the length being

sampled. Each boring shall be drilled to a depth of 15 feet

below grade, or until groundwater or bedrock is

encountered, whichever is less. Borings may be drilled

below the groundwater table if site specific conditions

warrant, but no more than 15 feet below grade. For UST

piping that is removed, samples shall be collected from the

floor of the piping run in accordance with subsection

(h)(1)(C) of this Section.

If auger refusal occurs during the drilling of a boring

required under subsection (h)(2)(A) or (B) of this Section,

the boring shall be drilled in an alternate location that will

allow the boring to be drilled to the required depth. The

alternate location shall not be more than five feet from the

boring’s original location. If auger refusal occurs during

drilling of the boring in the alternate location, drilling of

the boring shall cease and the soil samples collected from

the location in which the boring was drilled to the greatest

depth shall be analyzed for the applicable indicator

contaminants.

One soil sample shall be collected from each five-foot

interval of each boring required under subsections

(h)(2)(A) through (C) of this Section. Each sample shall be

collected from the location within the five-foot interval that

is the most contaminated as a result of the release. If an

area of contamination cannot be identified within a five-

foot interval, the sample shall be collected from the center

of the five-foot interval, provided, however, that soil

samples shall not be collected from soil below the

groundwater table. All samples shall be analyzed for the

applicable indicator contaminants.

If the most stringent Tier 1 remediation objectives of 35 Ill. Adm.

Code 742 for the applicable indicator contaminants have been met,

and if none of the criteria set forth in subsections (h)(4)(A) through

early action activities the owner or operator shall submit a report

demonstrating compliance with those remediation objectives. The

report shall include, but not be limited to, the following:

A characterization of the site that demonstrates compliance

with the most stringent Tier 1 remediation objectives of 35

Ill. Adm. Code 742 for the applicable indicator

contaminants;

Supporting documentation, including, but not limited to,

the following:

A site map meeting the requirements of Section

734.440 of this Part that shows the locations of all

samples collected pursuant to this subsection (h);

ii)

Analytical results, chain of custody forms, and

laboratory certifications for all samples collected

pursuant to this subsection (h); and

iii)

A table comparing the analytical results of all

samples collected pursuant to this subsection (h) to

the most stringent Tier 1 remediation objectives of

35 Ill. Adm. Code 742 for the applicable indicator

contaminants; and

A site map containing only the information required under

Section 734.440 of this Part.

If the most stringent Tier 1 remediation objectives of 35 Ill. Adm.

Code 742 for the applicable indicator contaminants have not been

met, or if one or more of the following criteria are met, the owner

or operator shall continue in accordance with Subpart C of this

Part:

There is evidence that groundwater wells have been

impacted by the release above the most stringent Tier 1

remediation objectives of 35 Ill. Adm. Code 742 for the

applicable indicator contaminants (e.g., as found during

release confirmation or previous corrective action

measures);

Free product that may impact groundwater is found to need

recovery in compliance with Section 734.215 of this Part;

There is evidence that contaminated soils may be or may

have been in contact with groundwater, unless:

The owner or operator pumps the excavation or

tank cavity dry, properly disposes of all

contaminated water, and demonstrates to the

Agency that no recharge is evident during the 24

hours following pumping; and

ii)

The Agency determines that further groundwater

investigation is not necessary.

Section 734.215

Free Product Removal

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

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

practicable, free product exceeding one-eighth of an inch in depth as

measured in a groundwater monitoring well, or present as a sheen on

groundwater in the tank removal excavation or on surface water, while

initiating or continuing any actions required pursuant to this Part or other

applicable laws or regulations. In meeting the requirements of this

Section, owners or operators shall:

Conduct free product removal in a manner that minimizes the

spread of contamination into previously uncontaminated zones by

using recovery and disposal techniques appropriate to the

hydrogeologic conditions at the site and that properly treats,

discharges or disposes of recovery byproducts in compliance with

applicable local, State, and federal regulations;

Use abatement of free product migration as a minimum objective

for the design of the free product removal system;

Handle any flammable products in a safe and competent manner to

prevent fires or explosions;

Within 45 days after the confirmation of presence of free product

from a UST, prepare and submit to the Agency a free product

removal report. The report shall, at a minimum, provide the

following:

The name of the persons responsible for implementing the

free product removal measures;

The estimated quantity, type and thickness of free product

observed or measured in wells, boreholes, and excavations;

The type of free product recovery system used;

Whether any discharge will take place on-site or off-site

during the recovery operation and where this discharge will

be located;

The type of treatment applied to, and the effluent quality

expected from, any discharge;

The steps that have been or are being taken to obtain

necessary permits for any discharge;

The disposition of the recovered free product;

The steps taken to identify the source and extent of the free

product; and

A schedule of future activities necessary to complete the

recovery of free product still exceeding one-eighth of an

inch in depth as measured in a groundwater monitoring

well, or still present as a sheen on groundwater in the tank

removal excavation or on surface water. The schedule

shall include, but not be limited to, the submission of plans

and budgets required pursuant to subsections (c) and (d) of

this Section; and

If free product removal activities are conducted more than 45 days

after confirmation of the presence of free product, submit free

product removal reports quarterly or in accordance with a schedule

established by the Agency.

For purposes of payment from the Fund, owners or operators are not

required to obtain Agency approval for free product removal activities

conducted within 45 days after the confirmation of the presence of free

product.

If free product removal activities will be conducted more than 45 days

after the confirmation of the presence of free product, the owner or

operator shall submit to the Agency for review a free product removal

plan. The plan shall be submitted with the free product removal report

required under subsection (a)(4) of this Section. Free product removal

activities conducted more than 45 days after the confirmation of the

presence of free product shall not be considered early action activities.

Any owner or operator intending to seek payment from the Fund shall,

prior to conducting free product removal activities more than 45 days after

the confirmation of the presence of free product, submit to the Agency a

free product removal budget with the corresponding free product removal

plan. The budget shall include, but shall not be limited to, an estimate of

all costs associated with the development, implementation, and

completion of the free product removal plan, excluding handling charges.

The budget should be consistent with the eligible and ineligible costs

listed in Sections 734.625 and 734.630 of this Part and the maximum

payment amounts set forth in Subpart H of this Part. As part of the budget

the Agency may require a comparison between the costs of the proposed

method of free product removal and other methods of free product

removal.

Upon the Agency’s approval of a free product removal plan, or as

otherwise directed by the Agency, the owner or operator shall proceed

with free product removal in accordance with the plan.

Notwithstanding any requirement under this Part for the submission of a

free product removal plan or free product removal budget, an owner or

operator may proceed with free product removal in accordance with this

Section prior to the submittal or approval of an otherwise required free

product removal plan or budget. However, any such plan and budget shall

be submitted to the Agency for review and approval, rejection, or

modification in accordance with the procedures contained in Subpart E of

this Part prior to payment for any related costs or the issuance of a No

Further Remediation Letter.

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

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

the Fund. Furthermore, applications for payment must be submitted no

later than one year after the date the Agency issues a No Further

Remediation Letter. See Subpart F of this Part.

If, following approval of any free product removal plan or associated

budget, an owner or operator determines that a revised plan or budget is

necessary in order to complete free product removal, the owner or

operator shall submit, as applicable, an amended free product removal

plan or associated budget to the Agency for review. The Agency shall

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

budget in accordance with Subpart E of this Part.

BOARD NOTE: Owners and operators are advised that the total payment

from the Fund for all free product removal plans and associated budgets

submitted by an owner or operator shall not exceed the amounts set forth

in Subpart H of this Part.

Section 734.220

Application for Payment of Early Action Costs

Owners or operators intending to seek payment for early action activities, excluding free

product removal activities conducted more than 45 days after confirmation of the

presence of free product, are not required to submit a corresponding budget. The

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

action activities in accordance with the requirements at Subpart F of this Part, excluding

free product removal activities conducted more than 45 days after confirmation of the

presence of free product. Applications for payment of free product removal activities

conducted more than 45 days after confirmation of the presence of free product may be

submitted upon completion of the free product removal activities.

SUBPART C: SITE INVESTIGATION AND CORRECTIVE ACTION

Section 734.300

General

Unless the owner or operator submits a report pursuant to Section 734.210(h)(3) of this

Part demonstrating that the most stringent Tier 1 remediation objectives of 35 Ill. Adm.

Code 742 for the applicable indicator contaminants have been met, the owner or operator

shall investigate the site, conduct corrective action, and prepare plans, budgets, and

reports in accordance with the requirements of this Subpart C.

Section 734.305

Agency Authority to Initiate

Pursuant to Sections 734.100 or 734.125 of this Part, the Agency shall have the authority

to require or initiate site investigation and corrective action activities in accordance with

the remainder of this Subpart C.

Section 734.310

Site Investigation – General

The investigation of the release shall proceed in three stages as set forth in this Part. If,

after the completion of any stage, the extent of the soil and groundwater contamination

exceeding the most stringent Tier 1 remediation objectives of 35 Ill. Adm. Code 742 for

the applicable indicator contaminants as a result of the release has been defined, the

owner or operator shall cease investigation and proceed with the submission of a site

investigation completion report in accordance with Section 734.330 of this Part.

Prior to conducting site investigation activities pursuant to Section

734.315, 734.320, or 734.325 of this Part, the owner or operator shall

submit to the Agency for review a site investigation plan. The plan shall

be designed to satisfy the minimum requirements set forth in the

applicable section and to collect the information required to be reported in

the site investigation plan for the next stage of the site investigation, or in

the site investigation completion report, whichever is applicable.

Any owner or operator intending to seek payment from the Fund shall,

prior to conducting any site investigation activities, submit to the Agency

a site investigation budget with the corresponding site investigation plan.

The budget shall include, but not be limited to, a copy of the eligibility

and deductibility determination of the OSFM and an estimate of all costs

associated with the development, implementation, and completion of the

site investigation plan, excluding handling charges and costs associated

with monitoring well abandonment. Costs associated with monitoring

well abandonment shall be included in the corrective action budget. Site

investigation budgets should be consistent with the eligible and ineligible

costs listed at Sections 734.625 and 734.630 of this Part and the maximum

payment amounts set forth in Subpart H of this Part. A budget for a Stage

1 site investigation shall consist of a certification signed by the owner or

operator, and by a Licensed Professional Engineer or Licensed

Professional Geologist, that the costs of the Stage 1 site investigation will

not exceed the amounts set forth in Subpart H of this Part.

Upon the Agency’s approval of a site investigation plan, or as otherwise

directed by the Agency, the owner or operator shall conduct a site

investigation in accordance with the plan

[415 ILCS 5/57.7(a)(4)].

If, following the approval of any site investigation plan or associated

budget, an owner or operator determines that a revised plan or budget is

necessary in order to determine, within the area addressed in the

applicable stage of the investigation, the nature, concentration, direction of

movement, rate of movement, and extent of the contamination, or the

significant physical features of the site and surrounding area that may

affect contaminant transport and risk to human health and safety and the

environment, the owner or operator shall submit, as applicable, an

amended site investigation plan or associated budget to the Agency for

review. The Agency shall review and approve, reject, or require

modification of the amended plan or budget in accordance with Subpart E

of this Part.

BOARD NOTE: Owners and operators are advised that the total payment

from the Fund for all site investigation plans and associated budgets

submitted by an owner or operator shall not exceed the amounts set forth

in Subpart H of this Part.

Notwithstanding any requirement under this Part for the submission of a

site investigation plan or budget, an owner or operator may proceed to

conduct site investigation activities in accordance with this Subpart C

prior to the submittal or approval of an otherwise required site

investigation plan or budget. However, any such plan or budget shall be

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

modification in accordance with the procedures contained in Subpart E of

this Part prior to receiving payment for any related costs or the issuance of

a No Further Remediation Letter.

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

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

Furthermore, applications for payment must be submitted no later than one

year after the date the Agency issues a No Further Remediation Letter.

See Subpart F of this Part.

Section 734.315

Stage 1 Site Investigation

The Stage 1 site investigation shall be designed to gather initial information regarding the

extent of on-site soil and groundwater contamination that, as a result of the release,

exceeds the most stringent Tier 1 remediation objectives of 35 Ill. Adm. Code 742 for the

applicable indicator contaminants.

The Stage 1 site investigation shall consist of the following:

1) Soil

investigation.

Up to four borings shall be drilled around each independent

UST field where one or more UST excavation samples

collected pursuant to 734.210(h), excluding backfill

samples, exceed the most stringent Tier 1 remediation

objectives of 35 Ill. Adm. Code 742 for the applicable

indicator contaminants. One additional boring shall be

drilled as close as practicable to each UST field if a

groundwater investigation is not required under subsection

(a)(2) of this Section. The borings shall be advanced

through the entire vertical extent of contamination, based

upon field observations and field screening for organic

vapors, provided that borings shall be drilled below the

groundwater table only if site- specific conditions warrant.

Up to two borings shall be drilled around each UST piping

run where one or more piping run samples collected

pursuant to 734.210(h) exceed the most stringent Tier 1

remediation objectives of 35 Ill. Adm. Code 742 for the

applicable indicator contaminants. One additional boring

shall be drilled a close as practicable to each UST piping

run if a groundwater investigation is not required under

subsection (a)(2) of this Section. The borings shall be

advanced through the entire vertical extent of

contamination, based upon field observations and field

screening for organic vapors, provided that borings shall be

drilled below the groundwater table only if site-specific

conditions warrant.

One soil sample shall be collected from each five-foot

interval of each boring drilled pursuant to subsections

(a)(1)(A) and (B) of this Section. Each sample shall be

collected from the location within the five-foot interval that

is the most contaminated as a result of the release. If an

area of contamination cannot be identified within a five-

foot interval, the sample shall be collected from the center

of the five-foot interval. All samples shall be analyzed for

the applicable indicator contaminants.

2) Groundwater

investigation.

A groundwater investigation is required under the

following circumstances:

There is evidence that groundwater wells have been

impacted by the release above the most stringent

Tier 1 remediation objectives of 35 Ill. Adm. Code

742 for the applicable indicator contaminants;

ii)

Free product that may impact groundwater is found

to need recovery in compliance with Section

734.215 of this Part; or

iii)

There is evidence that contaminated soils may be or

may have been in contact with groundwater, except

that, if the owner or operator pumps the excavation

or tank cavity dry, properly disposes of all

contaminated water, and demonstrates to the

Agency that no recharge is evident during the 24

hours following pumping, the owner or operator

does not have to complete a groundwater

investigation, unless the Agency’s review reveals

that further groundwater investigation is necessary.

If a groundwater investigation is required, the owner or

operator shall install five groundwater monitoring wells.

One monitoring well shall be installed in the location

where groundwater contamination is most likely to be

present. The four remaining wells shall be installed at the

property boundary line or 200 feet from the UST system,

whichever is less, in opposite directions from each other.

The wells shall be installed in locations where they are

most likely to detect groundwater contamination resulting

from the release and provide information regarding the

groundwater gradient and direction of flow.

One soil sample shall be collected from each five-foot

interval of each monitoring well installation boring drilled

pursuant to subsection (a)(2)(B) of this Section. Each

sample shall be collected from the location within the five-

foot interval that is the most contaminated as a result of the

release. If an area of contamination cannot be identified

within a five-foot interval, the sample shall be collected

from the center of the five-foot interval. All soil samples

exhibiting signs of contamination shall be analyzed for the

applicable indicator contaminants. For borings that do not

exhibit any signs of soil contamination, samples from the

following intervals shall be analyzed for the applicable

indicator contaminants, provided that the samples shall not

be analyzed if other soil sampling conducted to date

indicates that soil contamination does not extend to the

location of the monitoring well installation boring:

The five-foot intervals intersecting the elevations of

soil samples collected pursuant to Section

734.210(h), excluding backfill samples, that exceed

the most stringent Tier 1 remediation objectives of

35 Ill. Adm. Code 742 for the applicable indicator

contaminants.

ii)

The five-foot interval immediately above each five-

foot interval identified in subsection (a)(2)(C)(i) of

this Section; and

iii)

The five-foot interval immediately below each five-

foot interval identified in subsection (a)(2)(C)(i) of

this Section.

Following the installation of the groundwater monitoring

wells, groundwater samples shall be collected from each

well and analyzed for the applicable indicator

contaminants.

As a part of the groundwater investigation an in-situ

hydraulic conductivity test shall be performed in the first

fully saturated layer below the water table. If multiple

water bearing units are encountered, an in-situ hydraulic

conductivity test shall be performed on each such unit.

Wells used for hydraulic conductivity testing shall

be constructed in a manner that ensures the most

accurate results.

ii)

The screen must be contained within the saturated

zone.

An initial water supply well survey in accordance with Section

734.445(a) of this Part.

The Stage 1 site investigation plan shall consist of a certification signed by

the owner or operator, and by a Licensed Professional Engineer or

Licensed Professional Geologist, that the Stage 1 site investigation will be

conducted in accordance with this Section.

If none of the samples collected as part of the Stage 1 site investigation

exceed the most stringent Tier 1 remediation objectives of 35 Ill. Adm.

Code 742 for the applicable indicator contaminants, the owner or operator

shall cease site investigation and proceed with the submission of a site

investigation completion report in accordance with Section 734.330 of this

Part. If one or more of the samples collected as part of the Stage 1 site

investigation exceed the most stringent Tier 1 remediation objectives of 35

Ill. Adm. Code 742 for the applicable indicator contaminants, within 30

days after completing the Stage 1 site investigation the owner or operator

shall submit to the Agency for review a Stage 2 site investigation plan in

accordance with Section 734.320 of this Part.

Section 734.320

Stage 2 Site Investigation

The Stage 2 site investigation shall be designed to complete the identification of the

extent of soil and groundwater contamination at the site that, as a result of the release,

exceeds the most stringent Tier 1 remediation objectives of 35 Ill. Adm. Code 742 for the

applicable indicator contaminants. The investigation of any off-site contamination shall

be conducted as part of the Stage 3 site investigation.

The Stage 2 site investigation shall consist of the following:

The additional drilling of soil borings and collection of soil

samples necessary to identify the extent of soil contamination at

the site that exceeds the most stringent Tier 1 remediation

objectives of 35 Ill. Adm. Code 742 for the applicable indicator

contaminants. Soil samples shall be collected in appropriate

locations and at appropriate depths, based upon the results of the

soil sampling and other investigation activities conducted to date,

provided, however, that soil samples shall not be collected below

the groundwater table. All samples shall be analyzed for the

applicable indicator contaminants; and

The additional installation of groundwater monitoring wells and

collection of groundwater samples necessary to identify the extent

of groundwater contamination at the site that exceeds the most

stringent Tier 1 remediation objectives of 35 Ill. Adm. Code 742

for the applicable indicator contaminants. If soil samples are

collected from a monitoring well boring, the samples shall be

collected in appropriate locations and at appropriate depths, based

upon the results of the soil sampling and other investigation

activities conducted to date, provided, however, that soil samples

shall not be collected below the groundwater table. All samples

shall be analyzed for the applicable indicator contaminants.

The Stage 2 site investigation plan shall include, but not be limited to, the

following:

An executive summary of Stage 1 site investigation activities and

actions proposed in the Stage 2 site investigation plan to complete

the identification of the extent of soil and groundwater

contamination at the site that exceeds the most stringent Tier 1

remediation objectives of 35 Ill. Adm. Code 742 for the applicable

indicator contaminants;

A characterization of the site and surrounding area, including, but

not limited to, the following:

The current and post-remediation uses of the site and

surrounding properties; and

The physical setting of the site and surrounding area

including, but not limited to, features relevant to

environmental, geographic, geologic, hydrologic,

hydrogeologic, and topographic conditions;

The results of the Stage 1 site investigation, including but not

limited to the following:

One or more site maps meeting the requirements of Section

734.440 that show the locations of all borings and

groundwater monitoring wells completed to date, and the

groundwater flow direction;

One or more site maps meeting the requirements of Section

734.440 that show the locations of all samples collected to

date and analyzed for the applicable indicator

contaminants;

One or more site maps meeting the requirements of Section

734.440 that show the extent of soil and groundwater

contamination at the site that exceeds the most stringent

Tier 1 remediation objectives of 35 Ill. Adm. Code 742 for

the applicable indicator contaminants;

One or more cross-sections of the site that show the

geology of the site and the horizontal and vertical extent of

soil and groundwater contamination at the site that exceeds

the most stringent Tier 1 remediation objectives of 35 Ill.

Adm. Code 742 for the applicable indicator contaminants;

Analytical results, chain of custody forms, and laboratory

certifications for all samples analyzed for the applicable

indicator contaminants as part of the Stage 1 site

investigation;

One or more tables comparing the analytical results of the

samples collected to date to the most stringent Tier 1

remediation objectives of 35 Ill. Adm. Code 742 for the

applicable indicator contaminants;

Water supply well survey documentation required pursuant

to Section 734.445(d) of this Part for water supply well

survey activities conducted as part of the Stage 1 site

investigation; and

For soil borings and groundwater monitoring wells

installed as part of the Stage 1 site investigation, soil boring

logs and monitoring well construction diagrams meeting

the requirements of Sections 734.425 and 734.430 of this

Part; and

A Stage 2 sampling plan that includes, but shall not be limited to,

the following:

A narrative justifying the activities proposed as part of the

Stage 2 site investigation;

A map depicting the location of additional soil borings and

groundwater monitoring wells proposed to complete the

identification of the extent of soil and groundwater

contamination at the site that exceeds the most stringent

Tier 1 remediation objectives of 35 Ill. Adm. Code 742 for

the applicable indicator contaminants; and

The depth and construction details of the proposed soil

borings and groundwater monitoring wells.

If the owner or operator proposes no site investigation activities in the

Stage 2 site investigation plan and none of the applicable indicator

contaminants that exceed the most stringent Tier 1 remediation objectives

of 35 Ill. Adm. Code 742 as a result of the release extend beyond the site’s

property boundaries, upon submission of the Stage 2 site investigation

plan the owner or operator shall cease site investigation and proceed with

the submission of a site investigation completion report in accordance

with Section 734.330 of this Part. If the owner or operator proposes no

site investigation activities in the Stage 2 site investigation plan and

applicable indicator contaminants that exceed the most stringent Tier 1

remediation objectives of 35 Ill. Adm. Code 742 as a result of the release

extend beyond the site’s property boundaries, within 30 days after the

submission of the Stage 2 site investigation plan the owner or operator

shall submit to the Agency for review a Stage 3 site investigation plan in

accordance with Section 734.325 of this Part.

If the results of a Stage 2 site investigation indicate that none of the

applicable indicator contaminants that exceed the most stringent Tier 1

remediation objectives of 35 Ill. Adm. Code 742 as a result of the release

extend beyond the site’s property boundaries, upon completion of the

Stage 2 site investigation the owner or operator shall cease site

investigation and proceed with the submission of a site investigation

completion report in accordance with Section 734.330 of this Part. If the

results of the Stage 2 site investigation indicate that applicable indicator

contaminants that exceed the most stringent Tier 1 remediation objectives

of 35 Ill. Adm. Code 742 as a result of the release extend beyond the site’s

property boundaries, within 30 days after the completion of the Stage 2

site investigation the owner or operator shall submit to the Agency for

review a Stage 3 site investigation plan in accordance with Section

734.325 of this Part.

Section 734.325

Stage 3 Site Investigation

The Stage 3 site investigation shall be designed to identify the extent of off-site soil and

groundwater contamination that, as a result of the release, exceeds the most stringent Tier

1 remediation objectives of 35 Ill. Adm. Code 742 for the applicable indicator

contaminants.

The Stage 3 site investigation shall consist of the following:

The drilling of soil borings and collection of soil samples

necessary to identify the extent of soil contamination beyond the

site’s property boundaries that exceeds the most stringent Tier 1

remediation objectives of 35 Ill. Adm. Code 742 for the applicable

indicator contaminants. Soil samples shall be collected in

appropriate locations and at appropriate depths, based upon the

results of the soil sampling and other investigation activities

conducted to date, provided, however, that soil samples shall not

be collected below the groundwater table. All samples shall be

analyzed for the applicable indicator contaminants; and

The installation of groundwater monitoring wells and collection of

groundwater samples necessary to identify the extent of

groundwater contamination beyond the site’s property boundaries

that exceeds the most stringent Tier 1 remediation objectives of 35

Ill. Adm. Code 742 for the applicable indicator contaminants. If

soil samples are collected from a monitoring well boring, the

samples shall be collected in appropriate locations and at

appropriate depths, based upon the results of the soil sampling and

other investigation activities conducted to date, provided, however,

that soil samples shall not be collected below the groundwater

table. All samples shall be analyzed for the applicable indicator

contaminants.

The Stage 3 site investigation plan shall include, but not be limited to, the

following:

An executive summary of Stage 2 site investigation activities and

actions proposed in the Stage 3 site investigation plan to identify

the extent of soil and groundwater contamination beyond the site’s

property boundaries that exceeds the most stringent Tier 1

remediation objectives of 35 Ill. Adm. Code 742 for the applicable

indicator contaminants;

The results of the Stage 2 site investigation, including but not

limited to the following:

One or more site maps meeting the requirements of Section

734.440 that show the locations of all borings and

groundwater monitoring wells completed as part of the

Stage 2 site investigation;

One or more site maps meeting the requirements of Section

734.440 that show the locations of all groundwater

monitoring wells completed to date, and the groundwater

flow direction;

One or more site maps meeting the requirements of Section

734.440 that show the extent of soil and groundwater

contamination at the site that exceeds the most stringent

Tier 1 remediation objectives of 35 Ill. Adm. Code 742 for

the applicable indicator contaminants;

One or more cross-sections of the site that show the

geology of the site and the horizontal and vertical extent of

soil and groundwater contamination at the site that exceeds

the most stringent Tier 1 remediation objectives of 35 Ill.

Adm. Code 742 for the applicable indicator contaminants;

Analytical results, chain of custody forms, and laboratory

certifications for all samples analyzed for the applicable

indicator contaminants as part of the Stage 2 site

investigation;

One or more tables comparing the analytical results of the

samples collected to date to the most stringent Tier 1

remediation objectives of 35 Ill. Adm. Code 742 for the

applicable indicator contaminants; and

For soil borings and groundwater monitoring wells

installed as part of the Stage 2 site investigation, soil boring

logs and monitoring well construction diagrams meeting

the requirements of Sections 734.425 and 734.430 of this

Part; and

A Stage 3 sampling plan that includes, but shall not be limited to,

the following:

A narrative justifying the activities proposed as part of the

Stage 3 site investigation;

A map depicting the location of soil borings and

groundwater monitoring wells proposed to identify the

extent of soil and groundwater contamination beyond the

site’s property boundaries that exceeds the most stringent

Tier 1 remediation objectives of 35 Ill. Adm. Code 742 for

the applicable indicator contaminants; and

The depth and construction details of the proposed soil

borings and groundwater monitoring wells.

Upon completion of the Stage 3 site investigation the owner or operator

shall proceed with the submission of a site investigation completion report

that meets the requirements of Section 734.330 of this Part.

Section 734.330

Site Investigation Completion Report

Within 30 days after completing the site investigation, the owner or operator shall submit

to the Agency for approval a site investigation completion report

[415 ILCS

5/57.7(a)(5)]. At a minimum, a site investigation completion report shall contain the

following:

A history of the site with respect to the release;

A description of the site, including but not limited to the following:

General site information, including but not limited to the site’s and

surrounding area’s regional location; geography, hydrology,

geology, hydrogeology, and topography; existing and potential

migration pathways and exposure routes; and current and post-

remediation uses;

One or more maps meeting the requirements of Section 734.440

that show the locations of all borings and groundwater monitoring

wells completed as part of site investigation, and the groundwater

flow direction;

One or more maps showing the horizontal extent of soil and

groundwater contamination exceeding the most stringent Tier 1

remediation objectives of 35 Ill. Adm. Code 742 for the applicable

indicator contaminants;

One or more map cross-sections showing the horizontal and

vertical extent of soil and groundwater contamination exceeding

the most stringent Tier 1 remediation objectives of 35 Ill. Adm.

Code 742 for the applicable indicator contaminants;

Soil boring logs and monitoring well construction diagrams

meeting the requirements of Sections 734.425 and 734.430 of this

Part for all borings drilled and all groundwater monitoring wells

installed as part of site investigation;

Analytical results, chain of custody forms, and laboratory

certifications for all samples analyzed for the applicable indicator

contaminants as part of site investigation;

A table comparing the analytical results of samples collected as

part of site investigation to the most stringent Tier 1 remediation

objectives of 35 Ill. Adm. Code 742 for the applicable indicator

contaminants; and

The water supply well survey documentation required pursuant to

Section 734.445(d) of this Part for water supply well survey

activities conducted as part of site investigation; and

A conclusion that includes, but is not limited to, an assessment of the

sufficiency of the data in the report.

Section 734.335

Corrective Action Plan

If any of the applicable indicator contaminants exceed the

most stringent

Tier 1 remediation objectives of 35 Ill. Adm. Code 742 for the applicable

indicator contaminants

, within 30 days after the Agency approves the site

investigation completion report

the owner or operator shall submit to the

Agency for approval a corrective action plan designed to mitigate any

threat to human health, human safety, or the environment resulting from

the underground storage tank release.

[415 ILCS 5/57.7(b)(2)]. The

corrective action plan shall address all media impacted by the UST release

and shall contain, at a minimum, the following information:

An executive summary that identifies the objectives of the

corrective action plan and the technical approach to be utilized to

meet such objectives. At a minimum, the summary shall include

the following information:

The major components (e.g., treatment, containment,

removal) of the corrective action plan;

The scope of the problems to be addressed by the proposed

corrective action, including but not limited to the specific

indicator contaminants and the physical area; and

A schedule for implementation and completion of the plan;

A statement of the remediation objectives proposed for the site;

A description of the remedial technologies selected and how each

fits into the overall corrective action strategy, including but not

limited to the following:

The feasibility of implementing the remedial technologies;

Whether the remedial technologies will perform

satisfactorily and reliably until the remediation objectives

are achieved;

A schedule of when the remedial technologies are expected

to achieve the applicable remediation objectives and a

rationale for the schedule; and

For alternative technologies, the information required

under Section 734.340 of this Part;

A confirmation sampling plan that describes how the effectiveness

of the corrective action activities will be monitored or measured

during their implementation and after their completion;

A description of the current and projected future uses of the site;

A description of any engineered barriers or institutional controls

proposed for the site that will be relied upon to achieve

remediation objectives. The description shall include, but is not

limited to, an assessment of their long-term reliability and

operating and maintenance plans;

A description of water supply well survey activities required

pursuant to Sections 734.445(b) and (c) of this Part that were

conducted as part of site investigation; and

Appendices containing references and data sources relied upon in

the report that are organized and presented logically, including but

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

analyses.

Any owner or operator intending to seek payment from the Fund shall,

prior to conducting any corrective action activities beyond site

investigation, submit to the Agency a corrective action budget with the

corresponding corrective action plan. The budget shall include, but shall

not be limited to, a copy of the eligibility and deductibility determination

of the OSFM and an estimate of all costs associated with the development,

implementation, and completion of the corrective action plan, excluding

handling charges. The budget should be consistent with the eligible and

ineligible costs listed at Sections 734.625 and 734.630 of this Part and the

maximum payment amounts set forth in Subpart H of this Part. As part of

the budget the Agency may require a comparison between the costs of the

proposed method of remediation and other methods of remediation.

Upon the Agency’s approval of a corrective action plan, or as otherwise

directed by the Agency, the owner or operator shall proceed with

corrective action in accordance with the plan

[415 ILCS 5/57.7(b)(4)].

Notwithstanding any requirement under this Part for the submission of a

corrective action plan or corrective action budget, except as provided at

Section 734.340 of this Part, an owner or operator may proceed to conduct

corrective action activities in accordance with this Subpart C prior to the

submittal or approval of an otherwise required corrective action plan or

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

Agency for review and approval, rejection, or modification in accordance

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

for any related costs or the issuance of a No Further Remediation Letter.

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

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

the Fund. Furthermore, applications for payment must be submitted no

later than one year after the date the Agency issues a No Further

Remediation Letter. See Subpart F of this Part.

If, following approval of any corrective action plan or associated budget,

an owner or operator determines that a revised plan or budget is necessary

in order to mitigate any threat to human health, human safety, or the

environment resulting from the underground storage tank release, the

owner or operator shall submit, as applicable, an amended corrective

action plan or associated budget to the Agency for review. The Agency

shall review and approve, reject, or require modification of the amended

plan or budget in accordance with Subpart E of this Part.

BOARD NOTE: Owners and operators are advised that the total payment

from the Fund for all corrective action plans and associated budgets

submitted by an owner or operator shall not exceed the amounts set forth

in Subpart H of this Part.

Section 734.340

Alternative Technologies

An owner or operator may choose to use an alternative technology for

corrective action in response to a release. Corrective action plans

proposing the use of alternative technologies shall be submitted to the

Agency in accordance with Section 734.335 of this Part. In addition to the

requirements for corrective action plans contained in Section 734.335, the

owner or operator who seeks approval of an alternative technology shall

submit documentation along with the corrective action plan demonstrating

that:

The proposed alternative technology has a substantial likelihood of

successfully achieving compliance with all applicable regulations

and remediation objectives necessary to comply with the Act and

regulations and to protect human health and safety and the

environment;

The proposed alternative technology will not adversely affect

human health and safety or the environment;

The owner or operator will obtain all Agency permits necessary to

legally authorize use of the alternative technology;

The owner or operator will implement a program to monitor

whether the requirements of subsection (a)(1) of this Section have

been met; and

Within one year from the date of Agency approval the owner or

operator will provide to the Agency monitoring program results

establishing whether the proposed alternative technology will

successfully achieve compliance with the requirements of

subsection (a)(1) of this Section and any other applicable

regulations. The Agency may require interim reports as necessary

to track the progress of the alternative technology. The Agency

will specify in the approval when those interim reports shall be

submitted to the Agency.

An owner or operator intending to seek payment for costs associated with

the use of an alternative technology shall submit a corresponding budget

in accordance with Section 734.335 of this Part. In addition to the

requirements for a corrective action budget at Section 734.335 of this Part,

the budget must demonstrate that the cost of the alternative technology

will not exceed the cost of conventional technology and is not

substantially higher than other available alternative technologies. The

budget plan shall compare the costs of at least two other available

alternative technologies to the costs of the proposed alternative

technology.

If an owner or operator has received approval of a corrective action plan

and associated budget from the Agency prior to implementing the plan and

the alternative technology fails to satisfy the requirements of subsection

(a)(1) or (a)(2) of this Section, such failure shall not make the owner or

operator ineligible to seek payment for the activities associated with the

subsequent performance of a corrective action using conventional

technology. However, in no case shall the total payment for the site

exceed the statutory maximums. Owners or operators implementing

alternative technologies without obtaining pre-approval shall be ineligible

to seek payment for the subsequent performance of a corrective action

using conventional technology.

The Agency may require remote monitoring of an alternative technology.

The monitoring may include, but shall not be limited to, monitoring the

alternative technology’s operation and progress in achieving the

applicable remediation objectives.

Section 734.345

Corrective Action Completion Report

Within 30 days after the completion of a corrective action plan that

achieves applicable remediation objectives the owner or operator shall

submit to the Agency for approval a corrective action completion report.

The report shall demonstrate whether corrective action was completed in

accordance with the approved corrective action plan and whether the

remediation objectives approved for the site, as well as any other

requirements of the plan, have been achieved

[415 ILCS 57.7(b)(5)]. At a

minimum, the report shall contain the following information:

An executive summary that identifies the overall objectives of the

corrective action and the technical approach utilized to meet those

objectives. At a minimum, the summary shall contain the

following information:

A brief description of the site, including but not limited to a

description of the release, the applicable indicator

contaminants, the contaminated media, and the extent of

soil and groundwater contamination that exceeded the most

stringent Tier 1 remediation objectives of 35 Ill. Adm.

Code 742 for the applicable indicator contaminants;

The major components (e.g., treatment, containment,

removal) of the corrective action;

The scope of the problems corrected or mitigated by the

corrective action; and

The anticipated post-corrective action uses of the site and

areas immediately adjacent to the site;

A description of the corrective action activities conducted,

including but not limited to the following:

A narrative description of the field activities conducted as

part of corrective action;

A narrative description of the remedial actions

implemented at the site and the performance of each

remedial technology utilized;

Documentation of sampling activities conducted as part of

corrective action, including but not limited to the

following:

Sample collection information, including but not

limited to the sample collector’s name, the date and

time of sample collection, the collection method,

and the sample location;

ii)

Sample preservation and shipment information,

including but not limited to field quality control;

iii)

Analytical procedure information, including but not

limited to the method detection limits and the

practical quantitation limits;

iv)

Chain of custody and control; and

Field and lab blanks; and

Soil boring logs and monitoring well construction diagrams

meeting the requirements of Sections 734.425 and 734.430

of this Part for all borings drilled and all groundwater

monitoring wells installed as part of corrective action;

A narrative description of any special conditions relied upon as

part of corrective action, including but not limited to information

regarding the following:

Engineered barriers utilized in accordance with 35 Ill.

Adm. Code 742 to achieve the approved remediation

objectives;

Institutional controls utilized in accordance with 35 Ill.

Adm. Code 742 to achieve the approved remediation

objectives, including but not limited to a legible copy of

any such controls;

Other conditions, if any, necessary for protection of human

health and safety and the environment that are related to the

issuance of a No Further Remediation Letter; and

Any information required pursuant to Section 734.350 of

this Part regarding off-site access;

An analysis of the effectiveness of the corrective action that

compares the confirmation sampling results to the remediation

objectives approved for the site. The analysis shall present the

remediation objectives in an appropriate format (e.g., tabular and

graphical displays) such that the information is organized and

presented logically and the relationships between the different

investigations for each medium are apparent;

A conclusion that identifies the success in meeting the remediation

objectives approved for the site, including but not limited to an

assessment of the accuracy and completeness of the data in the

report;

Appendices containing references and data sources relied upon in

the report that are organized and presented logically, including but

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

analyses;

The water supply well survey documentation required pursuant to

Section 734.445(d) of this Part for water supply well survey

activities conducted as part of corrective action; and

A site map containing only the information required under Section

734.440 of this Part. The site map shall also show any engineered

barriers utilized to achieve remediation objectives.

The owner or operator is not required to perform remedial action on an

off-site property, even where complete performance of a corrective action

plan would otherwise require such off-site action, if the Agency

determines that the owner or operator is unable to obtain access to the

property despite the use of best efforts in accordance with the

requirements of Section 734.350 of this Part.

Section 734.350

Off-site Access

An owner or operator seeking to comply with the best efforts requirements

of Section 734.345(b) of this Part must demonstrate compliance with the

requirements of this Section.

In conducting best efforts to obtain off-site access, an owner or operator

must, at a minimum, send a letter by certified mail to the owner of any off-

site property to which access is required, stating:

Citation to Title XVI of the Act stating the legal responsibility of

the owner or operator to remediate the contamination caused by

the release;

That, if the property owner denies access to the owner or operator,

the owner or operator may seek to gain entry by a court order

pursuant to Section 22.2c of the Act;

That, in performing the requested investigation, the owner or

operator will work so as to minimize any disruption on the

property, will maintain, or its consultant will maintain, appropriate

insurance and will repair any damage caused by the investigation;

If contamination results from a release by the owner or operator,

the owner or operator will conduct all associated remediation at its

own expense;

That threats to human health and the environment and diminished

property value may result from failure to remediate contamination

from the release; and

A reasonable time to respond to the letter, not less than 30 days.

An owner or operator, in demonstrating that the requirements of this

Section have been met, must provide to the Agency, as part of the

corrective action completion report, the following documentation:

A sworn affidavit, signed by the owner or operator, identifying the

specific off-site property involved by address, the measures

proposed in the corrective action plan that require off-site access,

and the efforts taken to obtain access, and stating that the owner or

operator has been unable to obtain access despite the use of best

efforts; and

A copy of the certified letter sent to the owner of the off-site

property pursuant to subsection (b) of this Section.

In determining whether the efforts an owner or operator has made

constitute best efforts to obtain access, the Agency must consider the

following factors:

The physical and chemical characteristics, including toxicity,

persistence and potential for migration, of applicable indicator

contaminants at the property boundary line;

The hydrogeological characteristics of the site and the surrounding

area, including the attenuation capacity and saturation limits of the

soil at the property boundary line;

The nature and extent of known contamination at the site,

including the levels of applicable indicator contaminants at the

property boundary line;

The potential effects of residual contamination on nearby surface

water and groundwater;

The proximity, quality and current and future uses of nearby

surface water and groundwater, including regulated recharge areas,

wellhead protection areas, and setback zones of a potable water

supply wells;

Any known or suspected natural or man-made migration pathways

existing in or near the suspected area of off-site contamination;

The nature and use of the part of the off-site property that is the

suspected area of contamination;

Any existing on-site engineered barriers or institutional controls

that might have an impact on the area of suspected off-site

contamination, and the nature and extent of such impact; and

Any other applicable information assembled in compliance with

this Part.

The Agency shall issue a No Further Remediation Letter to an owner or

operator subject to this Section and otherwise entitled to such issuance

only if the owner or operator has, in accordance with this Section, either

completed any requisite off-site corrective action or demonstrated to the

Agency’s satisfaction an inability to obtain off-site access despite best

efforts.

The owner or operator is not relieved of responsibility to clean up a

release that has migrated beyond the property boundary even where off-

site access is denied.

Section 734.355

Status Report

If within 4 years after the approval of any corrective action plan the

applicable remediation objectives have not been achieved and the owner

or operator has not submitted a corrective action completion report, the

owner or operator must submit a status report for Agency review. The

status report must include, but is not limited to, a description of the

remediation activities taken to date, the effectiveness of the method of

remediation being used, the likelihood of meeting the applicable

remediation objectives using the current method of remediation, and the

date the applicable remediation objectives are expected to be achieved

[415 ILCS 5/57.7(b)(6)].

If the Agency determines any approved corrective action plan will not

achieve applicable remediation objectives within a reasonable time, based

upon the method of remediation and site specific circumstances, the

Agency may require the owner or operator to submit to the Agency for

approval a revised corrective action plan. If the owner or operator

intends to seek payment from the Fund, the owner or operator must also

submit a revised budget

[415 ILCS 5/57.7(b)(7)]. The revised corrective

action plan and any associated budget shall be submitted in accordance

with Section 734.335 of this Part.

Any action by the Agency to require a revised corrective action plan

pursuant to subsection (b) of this Section shall be subject to appeal to the

Board within 35 days after the Agency’s final action in the manner

provided for the review of permit decisions in Section 40 of the Act.

SUBPART D: MISCELLANEOUS PROVISIONS

Section 734.400

General

This Subpart D applies to all activities conducted under this Part and all plans, budgets,

reports, and other documents submitted under this Part.

Section 734.405

Indicator Contaminants

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

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

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

gasohol, the indicator contaminants shall be benzene, ethylbenzene,

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

provided in subsection (h) of this Section. For leaded gasoline, lead shall

also be an indicator contaminant.

For aviation turbine fuels, jet fuels, diesel fuels, gas turbine fuel oils,

heating fuel oils, illuminating oils, kerosene, lubricants, liquid asphalt and

dust laying oils, cable oils, crude oil, crude oil fractions, petroleum

feedstocks, petroleum fractions, and heavy oils, the indicator contaminants

shall be benzene, ethylbenzene, toluene, total xylenes, and the polynuclear

aromatics listed in Section 734.Appendix B of this Part. For leaded

aviation turbine fuels, lead shall also be an indicator contaminant.

For transformer oils the indicator contaminants shall be benzene,

ethylbenzene, toluene, total xylenes, and the polynuclear aromatics and

the polychlorinated biphenyl parameters listed in Section 734.Appendix B

of this Part.

For hydraulic fluids the indicator contaminants shall be benzene,

ethylbenzene, toluene, total xylenes, the polynuclear aromatics listed in

Section 734.Appendix B of this Part, and barium.

For petroleum spirits, mineral spirits, Stoddard solvents, high-flash

aromatic naphthas, moderately volatile hydrocarbon solvents, and

petroleum extender oils, the indicator contaminants shall be the volatile,

base/neutral and polynuclear aromatic parameters listed in Section

734.Appendix B of this Part. The Agency may add degradation products

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

Code 620.615.

For used oil, the indicator contaminants shall be determined by the results

of a used oil soil sample analysis. In accordance with Section 734.210(h)

of this Part, soil samples shall be collected from the walls and floor of the

used oil UST excavation if the UST is removed, or from borings drilled

along each side of the used oil UST if the UST remains in place. The

sample that appears to be the most contaminated as a result of a release

from the used oil UST shall then be analyzed for the following parameters.

If none of the samples appear to be contaminated a soil sample shall be

collected from the floor of the used oil UST excavation below the former

location of the UST if the UST is removed, or from soil located at the

same elevation as the bottom of the used oil UST if the UST remains in

place, and analyzed for the following parameters:

All volatile, base/neutral, polynuclear aromatic, and metal

parameters listed at Section 734.Appendix B of this Part and any

other parameters the Licensed Professional Engineer or Licensed

Professional Geologist suspects may be present based on UST

usage. The Agency may add degradation products or mixtures of

any of the above pollutants in accordance with 35 Ill. Adm. Code

620.615.

The used oil indicator contaminants shall be those volatile,

base/neutral, and metal parameters listed at Section 734.Appendix

B of this Part or as otherwise identified at subsection (g)(1) of this

Section that exceed their remediation objective at 35 Ill. Adm.

Code 742 in addition to benzene, ethylbenzene, toluene, total

xylenes, and polynuclear aromatics listed in Section 734.Appendix

B of this Part.

If none of the parameters exceed their remediation objective, the

used oil indicator contaminants shall be benzene, ethylbenzene,

toluene, total xylenes, and the polynuclear aromatics listed in

Section 734.Appendix B of this Part.

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

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

for any release reported to the Illinois Emergency Management Agency

prior to June 1, 2002 (the effective date of amendments establishing

MTBE as an indicator contaminant).

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

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

to include MTBE as an indicator contaminant under the circumstances

listed in subsections (1) or (2) of this subsection (i). Elections to include

MTBE as an indicator contaminant shall be made by submitting to the

Agency a written notification of such election signed by the owner or

operator. The election shall be effective upon the Agency’s receipt of the

notification and shall not be withdrawn once made. Owners or operators

electing to include MTBE as an indicator contaminant shall remediate

MTBE contamination in accordance with the requirements of this Part.

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

the release; or

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

release and the release has caused off-site groundwater

contamination exceeding the remediation objective for MTBE set

forth in 35 Ill. Adm. Code 742.

Section 734.410

Remediation Objectives

The owner or operator shall propose remediation objectives for applicable indicator

contaminants in accordance with 35 Ill. Adm. Code 742. Owners and operators seeking

payment from the Fund that perform on-site corrective action in accordance with Tier 2

remediation objectives of 35 Ill. Adm. Code 742 shall determine the following

parameters on a site-specific basis:

Hydraulic conductivity (K)

Soil bulk density (?b)

Soil particle density (?s)

Moisture content (w)

Organic carbon content (foc)

Board Note: Failure to use site-specific remediation objectives on-site and to utilize

available groundwater ordinances as institutional controls may result in certain corrective

action costs being ineligible for payment from the Fund. See Sections 734.630(ddd) and

(eee) of this Part.

Section 734.415

Data Quality

The following activities shall be conducted in accordance with “Test

Methods for Evaluating Solid Wastes, Physical/Chemical Methods,” EPA

Publication No. SW-846, incorporated by reference at Section 734.120 of

this Part, or other procedures as approved by the Agency:

All field sampling activities, including but not limited to activities

relative to sample collection, documentation, preparation, labeling,

storage and shipment, security, quality assurance and quality

control, acceptance criteria, corrective action, and decontamination

procedures;

All field measurement activities, including but not limited to

activities relative to equipment and instrument operation,

calibration and maintenance, corrective action, and data handling;

and

All quantitative analysis of samples to determine concentrations of

indicator contaminants, including but not limited to activities

relative to 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. Analyses of samples that require more

exacting detection limits than, or that cannot be analyzed by

standard methods identified in, “Test Methods for Evaluating Solid

Wastes, Physical/Chemical Methods,” EPA Publication No. SW-

846, shall be conducted in accordance with analytical protocols

developed in consultation with and approved by the Agency.

The analytical methodology used for the analysis of indicator

contaminants shall have a practical quantitation limit at or below the most

stringent objectives or detection levels set forth in 35 Ill. Adm. Code 742

or determined by the Agency pursuant to Section 734.140 of this Part.

All field or laboratory measurements of samples to determine physical or

geophysical characteristics shall be conducted in accordance with

applicable ASTM standards incorporated by reference at 35 Ill. Adm.

Code 742.210, or other procedures as approved by the Agency.

Section 734.420

Laboratory Certification

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

any of the approved test methods identified in 35 Ill. Adm. Code 186.180 shall be

completed by an accredited laboratory in accordance with the requirements of 35 Ill.

Adm. Code 186. A certification from the accredited laboratory stating that the samples

were analyzed in accordance with the requirements of this Section shall be included with

the sample results when they are submitted to the Agency. Quantitative analyses not

utilizing an accredited laboratory in accordance with Part 186 shall be deemed invalid.

Section 734.425

Soil Borings

Soil borings shall be continuously sampled to ensure that no gaps appear

in the sample column.

Any water bearing unit encountered shall be protected as necessary to

prevent cross-contamination during drilling.

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

submitted in the corresponding site investigation plan, site investigation

completion report, or corrective action completion report on forms

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

writing, in an electronic format. At a minimum, soil boring logs shall

contain the following information:

Sampling device, sample number, and amount of recovery;

Total depth of boring to the nearest 6 inches;

Detailed field observations describing materials encountered in

boring, including but not limited to soil constituents, consistency,

color, density, moisture, odors, and the nature and extent of sand or

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

Petroleum hydrocarbon vapor readings (as determined by

continuous screening of borings with field instruments capable of

detecting such vapors);

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

Groundwater levels while boring and at completion; and

Unified Soil Classification System (USCS) soil classification

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

“Standard Test Method for Classification of Soils for Engineering

Purposes,” incorporated by reference in Section 734.120 of this

Part, or other Agency approved method.

Section 734.430

Monitoring Well Construction and Sampling

At a minimum, all monitoring well construction shall satisfy the following

requirements:

Wells shall be constructed in a manner that will enable the

collection of representative groundwater samples;

Wells shall be cased in a manner that maintains the integrity of the

borehole. Casing material shall be inert so as not to affect the

water sample. Casing requiring solvent-cement type couplings

shall not be used;

Wells shall be screened to allow sampling only at the desired

interval. Annular space between the borehole wall and well screen

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

material sized to avoid clogging by the material in the zone being

monitored. The slot size of the screen shall be designed to

minimize clogging. Screens shall be fabricated from material that

is inert with respect to the constituents of the groundwater to be

sampled;

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

relatively impermeable, expandable material such as

cement/bentonite grout that does not react with or in any way

affect the sample, in order to prevent contamination of

groundwater samples and groundwater and avoid interconnections.

The seal shall extend to the highest known seasonal groundwater

level;

The annular space shall be backfilled with expanding cement grout

from an elevation below the frost line and mounded above the

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

water away;

Wells shall be covered with vented caps and equipped with devices

to protect against tampering and damage. Locations of wells shall

be clearly marked and protected against damage from vehicular

traffic or other activities associated with expected site use; and

Wells shall be developed to allow free entry of groundwater,

minimize turbidity of the sample, and minimize clogging.

Monitoring well construction diagrams shall be completed for each

monitoring well. The well construction diagrams shall be submitted in the

corresponding site investigation plan, site investigation completion report,

or corrective action completion report on forms prescribed and provided

by the Agency and, if specified by the Agency in writing, in an electronic

format.

Static groundwater elevations in each well shall be determined and

recorded following well construction and prior to each sample collection

to determine the gradient of the groundwater table, and shall be reported

in the corresponding site investigation plan, site investigation completion

report or corrective action completion report.

Section 734.435

Sealing of Soil Borings and Groundwater Monitoring Wells

Boreholes and monitoring wells shall be abandoned pursuant to regulations promulgated

by the Illinois Department of Public Health at 77 Ill. Adm. Code 920.120.

Section 734.440

Site Map Requirements

At a minimum, all site maps submitted to the Agency shall meet the following

requirements:

The maps shall be of sufficient detail and accuracy to show required

information;

The maps shall contain the map scale, an arrow indicating north

orientation, and the date the map was created; and

The maps shall show the following:

The property boundary lines of the site, properties adjacent to the

site, and other properties that are, or may be, adversely affected by

the release;

The uses of the site, properties adjacent to the site, and other

properties that are, or may be, adversely affected by the release;

The locations of all current and former USTs at the site, and the

contents of each UST; and

All structures, other improvements, and other features at the site,

properties adjacent to the site, and other properties that are, or may

be, adversely affected by the release, including but not limited to

buildings, pump islands, canopies, roadways and other paved

areas, utilities, easements, rights-of-way, and actual or potential

natural or man-made pathways.

Section 734.445

Water Supply Well Survey

At a minimum, the owner or operator shall conduct a water supply well

survey to identify all potable water supply wells located at the site or

within 200 feet of the site, all community water supply wells located at the

site or within 2,500 feet of the site, and all regulated recharge areas and

wellhead protection areas in which the site is located. Actions taken to

identify the wells shall include, but not be limited to, the following:

Contacting the Agency’s Division of Public Water Supplies to

identify community water supply wells, regulated recharge areas,

and wellhead protection areas;

Using current information from the Illinois State Geological

Survey, the Illinois State Water Survey, and the Illinois

Department of Public Health (or the county or local health

department delegated by the Illinois Department of Public Health

to permit potable water supply wells) to identify potable water

supply wells other than community water supply wells; and

Contacting the local public water supply entities to identify

properties that receive potable water from a public water supply.

In addition to the potable water supply wells identified pursuant to

subsection (a) of this Section, the owner or operator shall extend the water

supply well survey if soil or groundwater contamination exceeding the

Tier 1 groundwater ingestion exposure route remediation objectives of 35

Ill. Adm. Code 742 for the applicable indicator contaminants extends

beyond the site’s property boundary, or, as part of a corrective action plan,

the owner or operator proposes to leave in place soil or groundwater

contamination exceeding the Tier 1 groundwater ingestion exposure route

remediation objectives of 35 Ill. Adm. Code 742 for the applicable

indicator contaminants and contamination exceeding such objectives is

modeled to migrate beyond the site’s property boundary. At a minimum,

the extended water supply well survey shall identify the following:

All potable water supply wells located within 200 feet, and all

community water supply wells located within 2,500 feet, of the

current or modeled extent of soil or groundwater contamination

exceeding the Tier 1 groundwater ingestion exposure route

remediation objectives of 35 Ill. Adm. Code 742 for the applicable

indicator contaminants; and

All regulated recharge areas and wellhead protection areas in

which the current or modeled extent of soil or groundwater

contamination exceeding the Tier 1 groundwater ingestion

exposure route remediation objectives of 35 Ill. Adm. Code 742

for the applicable indicator contaminants is located.

The Agency may require additional investigation of potable water supply

wells, regulated recharge areas, or wellhead protection areas if site-

specific circumstances warrant. Such circumstances shall include, but not

be limited to, the existence of one or more parcels of property within 200

feet of the current or modeled extent of soil or groundwater contamination

exceeding the Tier 1 groundwater ingestion exposure route remediation

objectives of 35 Ill. Adm. Code 742 for the applicable indicator

contaminants where potable water is likely to be used, but that is not

served by a public water supply or a well identified pursuant to

subsections (a) or (b) of this Section. The additional investigation may

include, but shall not be limited to, physical well surveys (e.g.,

interviewing property owners, investigating individual properties for

wellheads, distributing door hangers or other material that requests

information about the existence of potable wells on the property, etc.).

Documentation of the water supply well survey conducted pursuant to this

Section shall include, but not be limited to, the following:

One or more maps, to an appropriate scale, showing the following:

The location of the community water supply wells and

other potable water supply wells identified pursuant to this

Section, and the setback zone for each well;

The location and extent of regulated recharge areas and

wellhead protection areas identified pursuant to this

Section;

The current extent of groundwater contamination

exceeding the Tier 1 groundwater ingestion exposure route

remediation objectives of 35 Ill. Adm. Code 742 for the

applicable indicator contaminants; and

The modeled extent of groundwater contamination

exceeding the Tier 1 groundwater ingestion exposure route

remediation objectives of 35 Ill. Adm. Code 742 for the

applicable indicator contaminants. The information

required under this subsection (D) is not required to be

shown in a site investigation report if modeling is not

performed as part of site investigation;

One or more tables listing the setback zones for each community

water supply well and other potable water supply wells identified

pursuant to this Section;

A narrative that, at a minimum, identifies each entity contacted to

identify potable water supply wells pursuant to this Section, the

name and title of each person contacted at each entity, and field

observations associated with the identification of potable water

supply wells; and

A certification from a Licensed Professional Engineer or Licensed

Professional Geologist that the water supply well survey was

conducted in accordance with the requirements of this Section and

that the documentation submitted pursuant to subsection (d) of this

Section includes the information obtained as a result of the survey.

Section 734.450

Deferred Site Investigation or Corrective Action; Priority List

for Payment

An owner or operator who has received approval for any budget submitted

pursuant to this Part and who is eligible for payment from the Fund may

elect to defer site investigation or corrective action activities until funds

are available in an amount equal to the amount approved in the budget if

the requirements of subsection (b) of this Section are met.

Approvals of budgets shall be pursuant to Agency review in

accordance with Subpart E of this Part.

The Agency shall monitor the availability of funds and shall

provide notice of insufficient funds to owners or operators in

accordance with Section 734.505(g) of this Part.

Owners and operators shall submit elections to defer site

investigation or corrective action activities on forms prescribed

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

written notice, in an electronic format. The Agency’s record of the

date of receipt shall be deemed conclusive unless a contrary date is

proven by a dated, signed receipt from certified or registered mail.

The Agency shall review elections to defer site investigation or

corrective action activities to determine whether the requirements

of subsection (b) of this Section are met. The Agency shall notify

the owner or operator in writing of its final action on any such

election. If the Agency fails to notify the owner or operator of its

final action within 120 days after its receipt of the election, the

owner or operator may deem the election rejected by operation of

law.

The Agency shall mail notices of final action on an election

to defer by registered or certified mail, post marked with a

date stamp and with return receipt requested. Final action

shall be deemed to have taken place on the post marked

date that such notice is mailed.

Any action by the Agency to reject an election, or the

rejection of an election by the Agency’s failure to act, is

subject to appeal to the Board within 35 days after the

Agency’s final action in the manner provided for the

review of permit decisions in Section 40 of the Act.

Upon approval of an election to defer site investigation or

corrective action activities until funds are available, the Agency

shall place the site on a priority list for payment and notification of

availability of sufficient funds. Sites shall enter the priority list for

payment based solely on the date the Agency receives a complete

written election of deferral, with the earliest dates having the

highest priority.

As funds become available

the Agency shall encumber funds for

each site in the order of priority in an amount equal to the total of

the approved budget for which deferral was sought. The Agency

shall then notify owners or operators that sufficient funds have

been allocated for the owner or operator's site. After such

notification the owner or operator shall commence site

investigation or corrective action activities.

Authorization of payment of encumbered funds for deferred site

investigation or corrective action activities shall be approved in

accordance with the requirements of Subpart F of this Part.

An owner or operator who elects to defer site investigation or corrective

action activities under subsection (a) of this Section shall submit a report

certified by a Licensed Professional Engineer or Licensed Professional

Geologist demonstrating the following:

The Agency has approved the owner’s or operator’s site

investigation budget or corrective action budget;

The owner or operator has been determined eligible to seek

payment from the Fund;

The early action requirements of Subpart B of this Part have been

met;

Groundwater contamination does not exceed the Tier 1

groundwater ingestion exposure route remediation objectives of 35

Ill. Adm. Code 742 for the applicable indicator contaminants as a

result of the release, modeling in accordance with 35 Ill. Adm.

Code 742 shows that groundwater contamination will not exceed

such Tier 1 remediation objectives as a result of the release, and no

potable water supply wells are impacted as a result of the release;

and

Soil contamination exceeding the Tier 1 groundwater ingestion

exposure route remediation objectives of 35 Ill. Adm. Code 742

for the applicable indicator contaminants does not extend beyond

the site’s property boundary and is not located within a regulated

recharge area, a wellhead protection area, or the setback zone of a

potable water supply well. Documentation to demonstrate that this

subsection (b)(5) is satisfied shall include, but not be limited to,

the results of a water supply well survey conducted in accordance

with Section 734.445 of this Part.

An owner or operator may, at any time, withdraw the election to defer site

investigation or corrective action activities. The Agency shall be notified

in writing of the withdrawal. Upon such withdrawal, the owner or

operator shall proceed with site investigation or corrective action, as

applicable, in accordance with the requirements of this Part.

SUBPART E: REVIEW OF PLANS, BUDGETS, AND REPORTS

Section 734.500

General

The Agency shall have the authority to review any plan, budget, or report, including any

amended plan, budget, or report, submitted pursuant to this Part. All such reviews shall

be subject to the procedures set forth in the Act and this Subpart E.

Section 734.505

Review of Plans, Budgets, or Reports

The Agency may review any or all technical or financial information, or

both, relied upon by the owner or operator or the Licensed Professional

Engineer or Licensed Professional Geologist in developing any plan,

budget, or report selected for review. The Agency may also review any

other plans, budgets, or reports submitted in conjunction with the site.

The Agency shall have the authority to approve, reject, or require

modification of any plan, budget, or report it reviews. The Agency shall

notify the owner or operator in writing of its final action on any such plan,

budget, or report, except in the case of 20 day, 45 day, or free product

removal reports, in which case no notification is necessary. Except as

provided in subsections (c) and (d) of this Section, if the Agency fails to

notify the owner or operator of its final action on a plan, budget, or report

within 120 days after the receipt of a plan, budget, or report, the owner or

operator may deem the plan, budget, or report rejected by operation of

law. If the Agency rejects a plan, budget, or report or requires

modifications, the written notification shall contain the following

information, as applicable:

An explanation of the specific type of information, if any, that the

Agency needs to complete its review;

An explanation of the Sections of the Act or regulations that may

be violated if the plan, budget, or report is approved; and

A statement of specific reasons why the cited Sections of the Act

or regulations may be violated if the plan, budget, or report is

approved.

For corrective action plans submitted by owners or operators not seeking

payment from the Fund, the Agency may delay final action on such plans

until 120 days after it receives the corrective action completion report

required pursuant to Section 734.345 of this Part.

An owner or operator may waive the right to a final decision within 120

days after the submittal of a complete plan, budget, or report by

submitting written notice to the Agency prior to the applicable deadline.

Any waiver shall be for a minimum of 60 days.

The Agency shall mail notices of final action on plans, budgets, or reports

by registered or certified mail, post marked with a date stamp and with

return receipt requested. Final action shall be deemed to have taken place

on the post marked date that such notice is mailed.

Any action by the Agency to reject or require modifications, or rejection

by failure to act, of a plan, budget, or report shall be subject to appeal to

the Board within 35 days after the Agency's final action in the manner

provided for the review of permit decisions in Section 40 of the Act.

In accordance with Section 734.450 of this Part, upon the approval of any

budget by the Agency, the Agency shall include as part of the final notice

to the owner or operator a notice of insufficient funds if the Fund does not

contain sufficient funds to provide payment of the total costs approved in

the budget.

Section 734.510

Standards for Review of Plans, Budgets, or Reports

A technical review shall consist of a detailed review of the steps proposed

or completed to accomplish the goals of the plan and to achieve

compliance with the Act and regulations. Items to be reviewed, if

applicable, shall include, but not be limited to, number and placement of

wells and borings, number and types of samples and analysis, results of

sample analysis, and protocols to be followed in making determinations.

The overall goal of the technical review for plans shall be to determine if

the plan is sufficient to satisfy the requirements of the Act and regulations

and has been prepared in accordance with generally accepted engineering

practices or principles of professional geology. The overall goal of the

technical review for reports shall be to determine if the plan has been fully

implemented in accordance with generally accepted engineering practices

or principles of professional geology, if the conclusions are consistent

with the information obtained while implementing the plan, and if the

requirements of the Act and regulations have been satisfied.

A financial review shall consist of a detailed review of the costs associated

with each element necessary to accomplish the goals of the plan as

required pursuant to the Act and regulations. Items to be reviewed shall

include, but not be limited to, costs associated with any materials,

activities, or services that are included in the budget. The overall goal of

the financial review shall be to assure that costs associated with materials,

activities, and services shall be reasonable, shall be consistent with the

associated technical plan, shall be incurred in the performance of

corrective action activities, shall not be used for corrective action

activities in excess of those necessary to meet the minimum requirements

of the Act and regulations, and shall not exceed the maximum payment

amounts set forth in Subpart H of this Part.

SUBPART F: PAYMENT FROM THE FUND

Section 734.600

General

The Agency shall have the authority to review any application for payment or

reimbursement and to authorize payment or reimbursement from the Fund or such other

funds as the legislature directs for corrective action activities conducted pursuant to the

Act and this Part. For purposes of this Part and unless otherwise provided, the use of the

word “payment” shall include reimbursement. The submittal and review of applications

for payment and the authorization for payment shall be in accordance with the procedures

set forth in the Act and this Subpart F.

Section 734.605

Applications for Payment

An owner or operator seeking payment from the Fund shall submit to the

Agency an application for payment on forms prescribed and provided by

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

electronic format. The owner or operator may submit an application for

partial payment or final payment. Costs for which payment is sought must

be approved in a budget, provided, however, that no budget shall be

required for early action activities conducted pursuant to Subpart B of this

Part other than free product removal activities conducted more than 45

days after confirmation of the presence of free product.

A complete application for payment shall consist of the following

elements:

A certification from a Licensed Professional Engineer or a

Licensed Professional Geologist acknowledged by the owner or

operator that the work performed has been in accordance with a

technical plan approved by the Agency or, for early action

activities, in accordance with Subpart B of this Part;

A statement of the amounts approved in the corresponding budget

and the amounts actually sought for payment along with a certified

statement by the owner or operator that the amounts so sought

have been expended in conformance with the elements of a budget

approved by the Agency;

A copy of the OSFM or Agency eligibility and deductibility

determination;

Proof that approval of the payment requested will not exceed the

limitations set forth in the Act and Section 734.620 of this Part;

A federal taxpayer identification number and legal status

disclosure certification;

Private insurance coverage form(s);

A minority/women's business form;

Designation of the address to which payment and notice of final

action on the application for payment are to be sent;

An accounting of all costs, including but not limited to, invoices,

receipts, and supporting documentation showing the dates and

descriptions of the work performed; and

10)

Proof of payment of subcontractor costs for which handling

charges are requested.

The address designated on the application for payment may be changed

only by subsequent notification to the Agency, on a form provided by the

Agency, of a change in address.

Applications for payment and change of address forms shall be mailed or

delivered to the address designated by the Agency. The Agency's record

of the date of receipt shall be deemed conclusive unless a contrary date is

proven by a dated, signed receipt from certified or registered mail.

Applications for partial or final payment may be submitted no more

frequently than once every 90 days.

Except for applications for payment for costs of early action conducted

pursuant to Subpart B of this Part, other than costs associated with free

product removal activities conducted more than 45 days after confirmation

of the presence of free product, in no case shall the Agency review an

application for payment unless there is an approved budget on file

corresponding to the application for payment.

In no case shall the Agency authorize payment to an owner or operator in

amounts greater than the amounts approved by the Agency in a

corresponding budget. Revised cost estimates or increased costs resulting

from revised procedures must be submitted to the Agency for review in

accordance with Subpart E of this Part using amended budgets as required

under this Part.

Applications for payment of costs associated with a Stage 1, Stage 2, or

Stage 3 site investigation may not be submitted prior to the approval or

modification of a site investigation plan for the next stage of the site

investigation or the site investigation completion report, whichever is

applicable.

Applications for payment of costs associated with site investigation or

corrective action that was deferred pursuant to Section 734.450 of this Part

may not be submitted prior to approval or modification of the

corresponding site investigation plan, site investigation completion report,

or corrective action completion report.

All applications for payment of corrective action costs shall be submitted

no later than one year after the date the Agency issues a No Further

Remediation Letter pursuant to Subpart G of this Part. For releases for

which the Agency issued a No Further Remediation Letter prior to the

effective date of this subsection (j), all applications for payment shall be

submitted no later than one year after the effective date of this subsection

(j).

Section 734.610

Review of Applications for Payment

At a minimum, the Agency shall review each application for payment

submitted pursuant to this Part to determine the following:

whether the application contains all of the elements and supporting

documentation required by Section 734.605(b) of this Part;

for costs incurred pursuant to Subpart B of this Part, other than

free product removal activities conducted more than 45 days after

confirmation of the presence of free product, whether the amounts

sought are reasonable, and whether there is sufficient

documentation to demonstrate that the work was completed in

accordance with the requirements of this Part;

for costs incurred pursuant to Subpart C of this Part and free

product removal activities conducted more than 45 days after

confirmation of the presence of free product, whether the amounts

sought exceed the amounts approved in the corresponding budget,

and whether there is sufficient documentation to demonstrate that

the work was completed in accordance with the requirements of

this Part and a plan approved by the Agency; and

Whether the amounts sought are eligible for payment.

When conducting a review of any application for payment, the Agency

may require the owner or operator to submit a full accounting supporting

all claims as provided in subsection (c) of this Section.

The Agency’s review may include a review of any or all elements and

supporting documentation relied upon by the owner or operator in

developing the application for payment, including but not limited to a

review of invoices or receipts supporting all claims. The review also may

include the review of any plans, budgets, or reports previously submitted

for the site to ensure that the application for payment is consistent with

work proposed and actually performed in conjunction with the site.

Following a review, the Agency shall have the authority to approve, deny

or require modification of applications for payment or portions thereof.

The Agency shall notify the owner or operator in writing of its final action

on any such application for payment. Except as provided in subsection (e)

of this Section, if the Agency fails to notify the owner or operator of its

final action on an application for payment within 120 days after the receipt

of a complete application for payment, the owner or operator may deem

the application for payment approved by operation of law. If the Agency

denies payment for an application for payment or for a portion thereof or

requires modification, the written notification shall contain the following

information, as applicable:

An explanation of the specific type of information, if any, that the

Agency needs to complete the review;

An explanation of the Sections of the Act or regulations that may

be violated if the application for payment is approved; and

A statement of specific reasons why the cited Sections of the Act

or regulations may be violated if the application for payment is

approved.

An owner or operator may waive the right to a final decision within 120

days after the submittal of a complete application for payment by

submitting written notice to the Agency prior to the applicable deadline.

Any waiver shall be for a minimum of 30 days.

The Agency shall mail notices of final action on applications for payment

by registered or certified mail, post marked with a date stamp and with

return receipt requested. Final action shall be deemed to have taken place

on the post marked date that such notice is mailed. The Agency shall mail

notices of final action on applications for payment, and direct the

Comptroller to mail payments to the owner or operator, at the address

designated for receipt of payment in the application for payment or on a

change of address form, provided by the Agency, submitted subsequent to

submittal of the application for payment.

Any action by the Agency to deny payment for an application for payment

or portion thereof or to require modification shall be subject to appeal to

the Board within 35 days after the Agency's final action in the manner

provided for the review of permit decisions in Section 40 of the Act.

Section 734.615

Authorization for Payment; Priority List

Within 60 days after notification to an owner or operator that the

application for payment or a portion thereof has been approved by the

Agency or by operation of law, the Agency shall forward to the Office of

the State Comptroller in accordance with subsection (d) or (e) of this

Section a voucher in the amount approved. If the owner or operator has

filed an appeal with the Board of the Agency's final decision on an

application for payment, the Agency shall have 60 days after the final

resolution of the appeal to forward to the Office of the State Comptroller a

voucher in the amount ordered as a result of the appeal. Notwithstanding

the time limits imposed by this Section, the Agency shall not forward

vouchers to the Office of the State Comptroller until sufficient funds are

available to issue payment.

The following rules shall apply regarding deductibles:

Any deductible, as determined by the OSFM or the Agency, shall

be subtracted from any amount approved for payment by the

Agency or by operation of law, or ordered by the Board or courts;

Only one deductible shall apply per occurrence;

If multiple incident numbers are issued for a single site in the same

calendar year, only one deductible shall apply for those incidents,

even if the incidents relate to more than one occurrence; and

Where more than one deductible determination is made, the higher

deductible shall apply.

The Agency shall instruct the Office of the State Comptroller to issue

payment to the owner or operator at the address designated in accordance

with Sections 734.605(b)(8) or (c) of this Part. In no case shall the

Agency authorize the Office of the State Comptroller to issue payment to

an agent, designee, or entity that has conducted corrective action activities

for the owner or operator.

For owners or operators who have deferred site classification or corrective

action in accordance with Section 734.450 of this Part, payment shall be

authorized from funds encumbered pursuant to Section 734.450(a)(6) of

this Part upon approval of the application for payment by the Agency or

by operation of law.

For owners or operators not electing to defer site investigation or

corrective action in accordance with Section 734.450 of this Part, the

Agency shall form a priority list for payment for the issuance of vouchers

pursuant to subsection (a) of this Section.

All such applications for payment shall be assigned a date that is

the date upon which the complete application for partial or final

payment was received by the Agency. This date shall determine

the owner’s or operator's priority for payment in accordance with

subsection (e)(2) of this Section, with the earliest dates receiving

the highest priority.

Once payment is approved by the Agency or by operation of law

or ordered by the Board or courts, the application for payment

shall be assigned priority in accordance with subsection (e)(1) of

this Section. The assigned date shall be the only factor

determining the priority for payment for those applications

approved for payment.

Section 734.620

Limitations on Total Payments

Limitations per occurrence:

The Agency shall not approve any payment from the Fund to pay

an owner or operator for costs of corrective action incurred by

such owner or operator in an amount in excess of $1,500,000 per

occurrence

[415 ILCS 5/57.8(g)(1)]; and

The Agency shall not approve any payment from the Fund to pay

an owner or operator for costs of indemnification of such owner or

operator in an amount in excess of $1,500,000 per occurrence

[415 ILCS 5/57.8(g)(2)].

b) Aggregate

limitations:

Notwithstanding any other provision of this

Part

, the Agency shall

not approve payment to an owner or operator from the Fund for

costs of corrective action or indemnification incurred during a

calendar year in excess of the following amounts based on the

number of petroleum underground storage tanks owned or

operated by such owner or operator in Illinois:

For calendar years prior to 2002:

For calendar years 2002 and later:

Costs incurred in excess of the aggregate amounts set forth in

subsection (b)(1) of this Section

shall not be eligible for payment

in subsequent years

[415 ILCS 5/57.8(d)(1)].

For purposes of

subsection (b) of this Section,

requests submitted by any

of the agencies, departments, boards, committees or commissions of the

State of Illinois shall be acted upon as claims from a single owner or

operator

[415 ILCS 5/57.8(d)(2)].

For purposes of

subsection (b) of this Section,

owner or operator

includes

;

any subsidiary, parent, or joint stock company of the owner or

operator

;

and

any company owned by any parent, subsidiary, or joint stock

company of the owner or operator

[415 ILCS 5/57.8(d)(3)].

Section 734.625

Eligible Corrective Action Costs

Types of costs that may be eligible for payment from the Fund include

those for corrective action activities and for materials or services provided

or performed in conjunction with corrective action activities. Such

activities and services may include, but are not limited to, reasonable costs

for:

Early action activities conducted pursuant to Subpart B of this

Part;

Engineer or geologist oversight services;

Remedial investigation and design;

Laboratory services necessary to determine site investigation and

whether the established remediation objectives have been met;

The installation and operation of groundwater investigation and

groundwater monitoring wells;

The removal, treatment, transportation, and disposal of soil

contaminated by petroleum at levels in excess of the established

remediation objectives;

The removal, treatment, transportation, and disposal of water

contaminated by petroleum at levels in excess of the established

remediation objectives;

The placement of clean backfill to grade to replace excavated soil

contaminated by petroleum at levels in excess of the established

remediation objectives;

Groundwater corrective action systems;

10)

Alternative technology, including but not limited to feasibility

studies approved by the Agency;

11)

Recovery of free product exceeding one-eighth of an inch in depth

as measured in a groundwater monitoring well, or present as a

sheen on groundwater in the tank removal excavation or on surface

water;

12)

The removal and disposal of any UST if a release of petroleum

from the UST was identified and IEMA was notified prior to its

removal, with the exception of any UST deemed ineligible by the

OSFM;

13)

Costs incurred as a result of a release of petroleum because of

vandalism, theft, or fraudulent activity by a party other than an

owner or operator or agent of an owner or operator;

14)

Engineer or geologist costs associated with seeking payment from

the Fund including but not limited to completion of an application

for partial or final payment;

15)

Costs associated with obtaining an Eligibility and Deductibility

Determination from the OSFM or the Agency;

16)

Costs for destruction and replacement of concrete, asphalt, or

paving to the extent necessary to conduct corrective action if the

concrete, asphalt, or paving was installed prior to the initiation of

corrective action activities, the destruction and replacement has

been certified as necessary to the performance of corrective action

by a Licensed Professional Engineer, and the destruction and

replacement and its costs are approved by the Agency in writing

prior to the destruction and replacement. The destruction and

replacement of concrete, asphalt, and paving shall not be paid

more than once. Costs associated with the replacement of

concrete, asphalt, or paving shall not be paid in excess of the cost

to install, in the same area and to the same depth, the same material

that was destroyed (e.g., replacing four inches of concrete with

four inches of concrete);

17)

The destruction or dismantling and reassembly of above grade

structures in response to a release of petroleum if such activity has

been certified as necessary to the performance of corrective action

by a Licensed Professional Engineer and such activity and its costs

are approved by the Agency in writing prior to the destruction or

dismantling and re-assembly. Such costs shall not be paid in

excess of a total of $10,000 per occurrence. For purposes of this

subsection (a)(17), destruction, dismantling, or reassembly of

above grade structures does not include costs associated with

replacement of pumps, pump islands, buildings, wiring, lighting,

bumpers, posts, or canopies;

18)

Preparation of reports submitted pursuant to Section 734.210(h)(3)

of this Part, free product removal plans and associated budgets,

free product removal reports, site investigation plans and

associated budgets, site investigation completion reports,

corrective action plans and associated budgets, and corrective

action completion reports;

19)

Costs associated with the removal or abandonment of a potable

water supply well, and replacement of the well or connection to a

public water supply, whichever is less, if a Licensed Professional

Engineer or Licensed Professional Geologist certifies that such

activity is necessary to the performance of corrective action and

that the property served by the well cannot receive an adequate

supply of potable water from an existing source other than the

removed or abandoned well, and the Agency approves such

activity in writing. If the well being removed or abandoned is a

public water supply well, the Licensed Professional Engineer or

Licensed Professional Geologist is required to certify only that the

removal or abandonment of the well is necessary to the

performance of corrective action; and

20)

Costs associated with the repair or replacement of potable water

supply lines damaged to the point of requiring repair or

replacement as a direct result of the release, if such activity is

certified by a Licensed Professional Engineer or Licensed

Professional Geologist as necessary for the protection of the

potable water supply and approved by the Agency in writing.

An owner or operator may submit a budget or application for partial or

final payment that includes an itemized accounting of costs associated

with activities, materials, or services not identified in subsection (a) of this

Section if the owner or operator submits detailed information

demonstrating that the activities, materials, or services not identified in

subsection (a) of this Section are essential to the completion of the

minimum corrective action requirements of the Act and this Part.

Section 734.630

Ineligible Corrective Action Costs

Costs ineligible for payment from the Fund include but are not limited to:

Costs for the removal, treatment, transportation, and disposal of more than

four feet of fill material from the outside dimensions of the UST, as set

forth in Section 734.Appendix C of this Part, during early action activities

conducted pursuant to Section 734.210(f) of this Part, and costs for the

replacement of contaminated fill materials with clean fill materials in

excess of the amounts set forth in Section 734.Appendix C of this Part

during early action activities conducted pursuant to Section 734.210(f) of

this Part;

Costs or losses resulting from business interruption;

Costs incurred as a result of vandalism, theft, or fraudulent activity by the

owner or operator or agent of an owner or operator, including the creation

of spills, leaks, or releases;

Costs associated with the replacement of above grade structures such as

pumps, pump islands, buildings, wiring, lighting, bumpers, posts, or

canopies, including but not limited to those structures destroyed or

damaged during corrective action activities;

Costs of corrective action incurred by an owner or operator prior to July

28, 1989

[415 ILCS 5/57.8(j)];

Costs associated with the procurement of a generator identification

number;

Legal fees or costs, including but not limited to legal fees or costs for

seeking payment under this Part unless the owner or operator prevails

before the Board and the Board authorizes payment of such costs;

Purchase costs of non-expendable materials, supplies, equipment, or tools,

except that a reasonable rate may be charged for the usage of such

materials, supplies, equipment, or tools;

Costs associated with activities that violate any provision of the Act or

Board, OSFM, or Agency regulations;

Costs associated with investigative action, preventive action, corrective

action, or enforcement action taken by the State of Illinois if the owner or

operator failed, without sufficient cause, to respond to a release or

substantial threat of a release upon, or in accordance with, a notice issued

by the Agency pursuant to Section 734.125 of this Part and Section 57.12

of the Act;

Costs for removal, disposal, or abandonment of UST if the tank was

removed or abandoned, or permitted for removal or abandonment, by the

OSFM before the owner or operator provided notice to IEMA of a release

of petroleum;

Costs associated with the installation of new USTs, the repair of existing

USTs, and removal and disposal of USTs determined to be ineligible by

the OSFM;

Costs exceeding those contained in a budget or amended budget approved

by the Agency;

Costs of corrective action incurred before providing notification of the

release of petroleum to IEMA in accordance with Section 734.210 of this

Part;

Costs for corrective action activities and associated materials or services

exceeding the minimum requirements necessary to comply with the Act;

Costs associated with improperly installed sampling or monitoring wells;

Costs associated with improperly collected, transported, or analyzed

laboratory samples;

Costs associated with the analysis of laboratory samples not approved by

the Agency;

Costs for any corrective activities, services, or materials unless

accompanied by a letter from OSFM or the Agency confirming eligibility

and deductibility in accordance with Section 57.9 of the Act;

Interest or finance costs charged as direct costs;

Insurance costs charged as direct costs;

Indirect corrective action costs for personnel, materials, service, or

equipment charged as direct costs;

Costs associated with the compaction and density testing of backfill

material;

Costs associated with sites that have not reported a release to IEMA or are

not required to report a release to IEMA;

Costs related to activities, materials, or services not necessary to stop,

minimize, eliminate, or clean up a release of petroleum or its effects in

accordance with the minimum requirements of the Act and regulations;

Costs of alternative technology that exceed the costs of conventional

technology;

aa)

Costs for activities and related services or materials that are unnecessary,

inconsistent with generally accepted engineering practices or principles of

professional geology, or unreasonable costs for justifiable activities,

materials, or services;

bb)

Costs requested that are based on mathematical errors;

cc)

Costs that lack supporting documentation;

dd)

Costs proposed as part of a budget that are unreasonable;

ee)

Costs incurred during early action that are unreasonable;

ff)

Costs incurred on or after the date the owner or operator enters the Site

Remediation Program under Title XVII and 35 Ill. Adm. Code 740 to

address the UST release;

gg)

Costs incurred after receipt of a No Further Remediation Letter for the

occurrence for which the No Further Remediation Letter was received.

This subsection (gg) does not apply to the following:

Costs incurred for MTBE remediation pursuant to Section

734.405(i)(2) of this Part;

Monitoring well abandonment costs;

County recorder or registrar of titles fees for recording the No

Further Remediation Letter;

Costs associated with seeking payment from the Fund; and

Costs associated with remediation to Tier 1 remediation objectives

on-site if a court of law voids or invalidates a No Further

Remediation Letter and orders the owner or operator to achieve

Tier 1 remediation objectives in response to the release;

hh)

Handling charges for subcontractor costs that have been billed directly to

the owner or operator;

ii)

Handling charges for subcontractor costs when the contractor has not

submitted proof of payment of the subcontractor costs;

jj)

Costs associated with standby and demurrage;

kk)

Costs associated with a corrective action plan incurred after the Agency

notifies the owner or operator, pursuant to Section 734.355(b) of this Part,

that a revised corrective action plan is required, provided, however, that

costs associated with any subsequently approved corrective action plan

will be eligible for payment if they meet the requirements of this Part;

ll)

Costs incurred prior to the effective date of an owner’s or operator’s

election to proceed in accordance with this Part, unless such costs were

incurred for activities approved as corrective action under this Part;

mm)

Costs associated with the preparation of free product removal reports not

submitted in accordance with the schedule established in Section

734.215(a)(5) of this Part;

nn)

Costs submitted more than one year after the date the Agency issues a No

Further Remediation Letter pursuant to Subpart G of this Part;

oo)

Handling charges for subcontractor costs where any person with a direct

or indirect financial interest in the contractor has a direct or indirect

financial interest in the subcontractor;

pp)

Costs for the destruction and replacement of concrete, asphalt, or paving,

except as otherwise provided in Section 734.625(a)(16) of this Part;

qq)

Costs incurred as a result of the destruction of, or damage to, any

equipment, fixtures, structures, utilities, or other items during corrective

action activities, except as otherwise provided in Sections 734.625(a)(16)

or (17) of this Part;

rr)

Costs associated with oversight by an owner or operator;

ss)

Handling charges charged by persons other than the owner’s or operator’s

primary contractor;

tt)

Costs associated with the installation of concrete, asphalt, or paving as an

engineered barrier to the extent they exceed the cost of installing an

engineered barrier constructed of asphalt four inches in depth. This

subsection does not apply if the concrete, asphalt, or paving being used as

an engineered barrier was replaced pursuant to Section 734.625(a)(16) of

this Part;

uu)

The treatment or disposal of soil that does not exceed the applicable

remediation objectives for the release, unless approved by the Agency in

writing prior to the treatment or disposal;

vv)

Costs associated with the removal or abandonment of a potable water

supply well, or the replacement of such a well or connection to a public

water supply, except as otherwise provided in Section 734.625(a)(19) of

this Part;

ww)

Costs associated with the repair or replacement of potable water supply

lines, except as otherwise provided in Section 734.625(a)(20) of this Part;

xx)

Costs associated with the replacement of underground structures or

utilities, including but not limited to septic tanks, utility vaults, sewer

lines, electrical lines, telephone lines, cable lines, or water supply lines,

except as otherwise provided in Sections 734.625(a)(19) or (20) of this

Part;

yy) (Reserved)

zz)

For sites electing under Section 734.105 of this Part to proceed in

accordance with this Part, costs incurred pursuant to Section 734.210 of

this Part;

aaa)

Costs an owner or operator is required to pay to a governmental entity or

other person in order to conduct corrective action, including but not

limited to permit fees, institutional control fees, and property access fees;

bbb)

Costs associated with the maintenance, repair, or replacement of leased or

subcontracted equipment, other than costs associated with routine

maintenance that are approved in a budget;

ccc)

Costs that exceed the maximum payment amounts set forth in Subpart H

of this Part;

ddd)

Costs associated with on-site corrective action to achieve remediation

objectives that are more stringent than the Tier 2 remediation objectives

developed in accordance with 35 Ill. Adm. Code 742. This subsection

(ddd) does not apply if Karst geology prevents the development of Tier 2

remediation objectives for on-site remediation, or if a court of law voids or

invalidates a No Further Remediation Letter and orders the owner or

operator to achieve Tier 1 remediation objectives on-site in response to the

release.

eee)

Costs associated with groundwater remediation if a groundwater

ordinance already approved by the Agency for use as an institutional

control in accordance with 35 Ill. Adm. Code 742 can be used as an

institutional control for the release being remediated.

Section 734.635

Payment for Handling Charges

Handling charges are eligible for payment only if they are equal to or less than the

amount determined by the following table:

Subcontract or Field

Eligible Handling Charges

Purchase Cost:

as a Percentage of Cost:

$0 - $5,000..............................12%

$5,001 - $15,000.....................$600 + 10% of amt. over $5,000

$15,001 - $50,000...................$1,600 + 8% of amt. over $15,000

$50,001 - $100,000.................$4,400 + 5% of amt. over $50,000

$100,001 - $1,000,000...........$6,900 + 2% of amt. over $100,000

Section 734.640

Apportionment of Costs

The Agency may apportion payment of costs if:

The owner or operator was deemed eligible to access the Fund for

payment of corrective action costs for some, but not all, of the

underground storage tanks at the site; and

The owner or operator failed to justify all costs attributable to

each underground storage tank at the site

. (Derived from Section

57.8(m) of the Act)

The Agency will determine, based on volume or number of tanks, which

method of apportionment will be most favorable to the owner or operator.

The Agency will notify the owner or operator of such determination in

writing.

Section 734.645

Subrogation of Rights

Payment of any amount from the fund for corrective action or indemnification shall be

subject to the State acquiring by subrogation the rights of any owner, operator, or other

person to recover the costs of corrective action or indemnification for which the fund has

compensated such owner, operator, or person from the person responsible or liable for

the release

[415 ILCS 5/57.8(h)].

Section 734.650

Indemnification

An owner or operator seeking indemnification from the Fund for payment

of costs incurred as a result of a release of petroleum from an underground

storage tank shall submit to the Agency a request for payment on forms

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

written notice, in an electronic format.

A complete application for payment shall contain the following:

A certified statement by the owner or operator of the

amount sought for payment;

Proof of the legally enforceable judgment, final order, or

determination against the owner or operator, or the legally

enforceable settlement entered into by the owner or

operator, for which indemnification is sought. The proof

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

A copy of the judgment certified by the court clerk

as a true and correct copy, a copy of the final order

or determination certified by the issuing agency of

State government or subdivision thereof as a true

and correct copy, or a copy of the settlement

certified by the owner or operator as a true and

correct copy; and

ii)

Documentation demonstrating that the judgment,

final order, determination, or settlement arises out

of bodily injury or property damage suffered as a

result of a release of petroleum from the UST for

which the release was reported, and that the UST is

owned or operated by the owner or operator;

A copy of the OSFM or Agency eligibility and

deductibility determination;

Proof that approval of the indemnification requested will

not exceed the limitations set forth in the Act and Section

734.620 of this Part;

A federal taxpayer identification number and legal status

disclosure certification;

A private insurance coverage form; and

Designation of the address to which payment and notice of

final action on the request for indemnification are to be sent

to the owner or operator.

The owner’s or operator’s address designated on the application

for payment may be changed only by subsequent notification to the

Agency, on a form provided by the Agency, of a change of

address.

Applications for payment shall be mailed or delivered to the

address designated by the Agency. The Agency’s record of the

date of receipt shall be deemed conclusive unless a contrary date is

proven by a dated, signed receipt from certified or registered mail.

The Agency shall review applications for payment in accordance with this

Subpart F. In addition, the Agency shall review each application for

payment to determine the following:

Whether the application contains all of the information and

supporting documentation required by subsection (a) of this

Section;

Whether there is sufficient documentation of a legally enforceable

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

final order or determination made against the owner or operator by

an agency of State government or any subdivision thereof, or

settlement entered into by the owner or operator;

Whether there is sufficient documentation that the judgment, final

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

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

an underground storage tank owned or operated by the owner or

operator; and

Whether the amounts sought for indemnification are eligible for

payment.

If the application for payment of the costs of indemnification is deemed

complete and otherwise satisfies all applicable requirements of this

Subpart F, the Agency shall forward the request for indemnification to the

Office of the Attorney General for review and approval in accordance with

Section 57.8(c) of the Act. The owner or operator’s request for

indemnification shall not be placed on the priority list for payment until

the Agency has received the written approval of the Attorney General.

The approved application for payment shall then enter the priority list

established at Section 734.615(e)(1) of this Part based on the date the

complete application was received by the Agency in accordance with

Section 57.8(c) of the Act.

Costs ineligible for indemnification from the Fund include, but are not

limited to:

Amounts an owner or operator is not legally obligated to pay

pursuant to a judgment entered against the owner or operator in

court of law, a final order or determination made against the owner

or operator by an agency of State government or any subdivision

thereof, or any settlement entered into by the owner or operator;

Amounts of a judgment, final order, determination, or settlement

that do not arise out of bodily injury or property damage suffered

as a result of a release of petroleum from an underground storage

tank owned or operated by the owner or operator;

Amounts incurred prior to July 28, 1989;

Amounts incurred prior to notification of the release of petroleum

to IEMA in accordance with Section 734.210 of this Part;

Amounts arising out of bodily injury or property damage suffered

as a result of a release of petroleum from an underground storage

tank for which the owner or operator is not eligible to access the

Fund;

Legal fees or costs, including but not limited to legal fees or costs

for seeking payment under this Part unless the owner or operator

prevails before the Board and the Board authorizes payment of

such costs;

Amounts associated with activities that violate any provision of the

Act or Board, OSFM, or Agency regulations;

Amounts associated with investigative action, preventive action,

corrective action, or enforcement action taken by the State of

Illinois if the owner or operator failed, without sufficient cause, to

respond to a release or substantial threat of a release upon, or in

accordance with, a notice issued by the Agency pursuant to

Section 734.125 of this Part and Section 57.12 of the Act;

Amounts associated with a release that has not been reported to

IEMA or is not required to be reported to IEMA;

10)

Amounts incurred on or after the date the owner or operator enters

the Site Remediation Program under Title XVII and 35 Ill. Adm.

Code 740 to address the UST release; and

11)

Amounts incurred prior to the effective date of the owner’s or

operator’s election to proceed in accordance with this Part.

Section 734.655

Costs Covered by Insurance, Agreement, or Court Order

Costs of corrective action or indemnification incurred by an owner or operator which

have been paid to an owner or operator under a policy of insurance, another written

agreement, or a court order are not eligible for payment

from the Fund.

An owner or

operator who receives payment under a policy of insurance, another written agreement,

or a court order shall reimburse the State to the extent such payment covers costs for

which payment was received from the Fund

[415 ILCS 5/57.8(e)].

Section 734.660

Determination and Collection of Excess Payments

If, for any reason, the Agency determines that an excess payment has been

paid from the Fund, the Agency may take steps to collect the excess

amount pursuant to subsection (c) of this Section.

Upon identifying an excess payment, the Agency shall notify the

owner or operator receiving the excess payment by certified or

registered mail, return receipt requested.

The notification letter shall state the amount of the excess payment

and the basis for the Agency's determination that the payment is in

error.

The Agency's determination of an excess payment shall be subject

to appeal to the Board in the manner provided for the review of

permit decisions in Section 40 of the Act.

An excess payment from the Fund includes, but is not limited to:

Payment for a non-corrective action cost;

Payment in excess of the limitations on payments set forth in

Sections 734.620 and 734.635 and Subpart H of this Part;

Payment received through fraudulent means;

Payment calculated on the basis of an arithmetic error;

Payment calculated by the Agency in reliance on incorrect

information; or

Payment of costs that are not eligible for payment.

Excess payments may be collected using any of the following procedures:

Upon notification of the determination of an excess payment in

accordance with subsection (a) of this Section or pursuant to a

Board order affirming such determination upon appeal, the Agency

may attempt to negotiate a payment schedule with the owner or

operator. Nothing in this subsection (c)(1) of this Section shall

prohibit the Agency from exercising at any time its options at

subsection (c)(2) or (c)(3) of this Section or any other collection

methods available to the Agency by law.

If an owner or operator submits a subsequent claim for payment

after previously receiving an excess payment from the Fund, the

Agency may deduct the excess payment amount from any

subsequently approved payment amount. If the amount

subsequently approved is insufficient to recover the entire amount

of the excess payment, the Agency may use the procedures in this

Section or any other collection methods available to the Agency by

law to collect the remainder.

The Agency may deem an excess payment amount to be a claim or

debt owed the Agency, and the Agency may use the Comptroller's

Setoff System for collection of the claim or debt in accordance

with Section 10.5 of the "State Comptroller Act." 15 ILCS

405/10.05 (1993).

Section 734.665

Audits and Access to Records; Records Retention

Owners or operators that submit a report, plan, budget, application for

payment, or any other data or document under this Part, and Licensed

Professional Engineers and Licensed Professional Geologists that certify

such report, plan, budget, application for payment, data, or document,

shall maintain all books, records, documents, and other evidence directly

pertinent to the report, plan, budget, application for payment, data, or

document, including but not limited to all financial information and data

used in the preparation or support of applications for payment. All books,

records, documents, and other evidence shall be maintained in accordance

with accepted business practices and appropriate accounting procedures

and practices.

The Agency or any of its duly authorized representatives shall have access

to the books, records, documents, and other evidence set forth in

subsection (a) of this Section during normal business hours for the

purpose of inspection, audit, and copying. Owners, operators, Licensed

Professional Engineers, and Licensed Professional Geologists shall

provide proper facilities for such access and inspection.

Owners, operators, Licensed Professional Engineers, and Licensed

Professional Geologists shall maintain the books, records, documents, and

other evidence set forth in subsection (a) of this Section and make them

available to the Agency or its authorized representative until the latest of

the following:

The expiration of 4 years after the date the Agency issues a No

Further Remediation Letter issued pursuant to Subpart G of this

Part;

For books, records, documents, or other evidence relating to an

appeal, litigation, or other dispute or claim, the expiration of 3

years after the date of the final disposition of the appeal, litigation,

or other dispute or claim; or

The expiration of any other applicable record retention period.

SUBPART G: NO FURTHER REMEDIATION LETTERS

AND RECORDING REQUIREMENTS

Section 734.700

General

Subpart G provides the procedures for the issuance of No Further Remediation Letters

under Title XVI and this Part. Subpart G also sets forth the recording requirements and

the circumstances under which the letter may be voidable.

Section 734.705

Issuance of a No Further Remediation Letter

Upon approval by the Agency of a report submitted pursuant to Section

734.210(h)(3) of this Part or a corrective action completion report, the

Agency shall issue to the owner or operator a No Further Remediation

Letter. The No Further Remediation Letter shall have the legal effect

prescribed in Section 57.10 of the Act. The No Further Remediation

Letter shall be denied if the Agency rejects or requires modification of the

applicable report.

The Agency shall have 120 days after the date of receipt of the applicable

report to issue a No Further Remediation Letter and may include the No

Further Remediation Letter as part of the notification of approval of the

report in accordance with Subpart E of this Part. If the Agency fails to

send the No Further Remediation Letter within 120 days, it shall be

deemed denied by operation of law.

The notice of denial of a No Further Remediation Letter by the Agency

may be included with the notification of rejection or modification of the

applicable report. The reasons for the denial of the letter shall be stated in

the notification. The denial shall be considered a final determination

appealable to the Board within 35 days after the Agency's final action in

the manner provided for the review of permit decisions in Section 40 of

the Act. If any request for a No Further Remediation Letter is denied by

operation of law, in lieu of an immediate repeal to the Board the owner or

operator may either resubmit the request and applicable report to the

Agency or file a joint request for a 90 day extension in the manner

provided for extensions of permit decision in Section 40 of the Act.

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. Final action shall be deemed to have taken place on the post

marked date that the letter is mailed.

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

Letters that arise from oversight, omission, or clerical mistake. Upon

correction of the No Further Remediation Letter, the Agency shall mail

the corrected letter to the owner or operator as set forth in subsection (d)

of this Section. The corrected letter shall be perfected by recording in

accordance with the requirements of Section 734.715 of this Part.

Section 734.710

Contents of a No Further Remediation Letter

A No Further Remediation Letter issued pursuant to this Part shall include all of the

following:

An acknowledgment that the requirements of the applicable report were

satisfied;

A description of the location of the affected property by adequate legal

description or by reference to a plat showing its boundaries, or, for the

purposes of Section 734.715(d) of this Part, other means sufficient to

identify the site location with particularity;

A statement that the remediation objectives were determined in

accordance with 35 Ill. Adm. Code 742, and the identification of any land

use limitation, as applicable, required by 35 Ill. Adm. Code 742 as a

condition of the remediation objectives;

A statement that the Agency's issuance of the No Further Remediation

Letter signifies that:

All statutory and regulatory corrective action requirements

applicable to the occurrence have been complied with;

All corrective action concerning the remediation of

the occurrence

has been completed; and

No further corrective action concerning the occurrence is

necessary for the protection of human health, safety and the

environment

, or, if the No Further Remediation Letter is issued

pursuant to Section 734.350(e) of this Part, that the owner or

operator has demonstrated to the Agency’s satisfaction an inability

to obtain access to an off-site property despite best efforts and

therefore is not required to perform corrective action on the off-site

property in order to satisfy the corrective action requirements of

this Part, but is not relieved of responsibility to clean up portions

of the release that have migrated off-site. [415 ILCS

5/57.10(c)(1)-(3)]

The prohibition under Section 734.715(e) of this Part against the use of

any site in a manner inconsistent with any applicable land use limitation,

without additional appropriate remedial activities;

A description of any approved preventive, engineering, and institutional

controls identified in the plan or report and notification that failure to

manage the controls in full compliance with the terms of the plan or report

may result in voidance of the No Further Remediation Letter;

The recording obligations pursuant to Section 734.715 of this Part;

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

Section 734.715(e) of this Part;

Notification that further information regarding the site can be obtained

from the Agency through a request under the Freedom of Information Act

[5 ILCS 140]; and

Any other provisions agreed to by the Agency and the owner or operator.

Section 734.715

Duty to Record a No Further Remediation Letter

Except as provided in subsections (c) and (d) of this Section, an owner or

operator receiving a No Further Remediation Letter from the Agency

pursuant to this Subpart G shall submit the letter, with a copy of any

applicable institutional controls (as set forth in 35 Ill. Adm. Code 742,

Subpart J) proposed as part of a corrective action completion report, to the

Office of the Recorder or the Registrar of Titles of the county in which the

site is located within 45 days after receipt of the letter. The letter and any

attachments shall be filed in accordance with Illinois law so that they form

a permanent part of the chain of title for the site. Upon the lapse of the 45

day period for recording, pursuant to Section 734.720(a)(5) of this Part the

Agency may void an unrecorded No Further Remediation Letter for

failure to record it in a timely manner.

Except as provided in subsections (c) and (d) of this Section, a No Further

Remediation Letter shall be perfected upon the date of the official

recording of such letter. The owner or operator shall obtain and submit to

the Agency, within 30 days after the official recording date, a certified or

otherwise accurate and official copy of the letter and any attachments as

recorded. An unperfected No Further Remediation Letter is effective only

as between the Agency and the owner or operator.

For sites located in a highway authority right-of-way, the following

requirements shall apply:

In order for the No Further Remediation Letter to be perfected, the

highway authority with jurisdiction over the right-of-way must

enter into a Memorandum of Agreement (MOA) with the Agency.

The MOA must include, but is not limited to:

The name of the site, if any, and any highway authority or

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

identification number);

The address of the site (or other description sufficient to

identify the location of the site with certainty);

A copy of the No Further Remediation Letter for each site

subject to the MOA;

Procedures for tracking sites subject to the MOA so that all

highway authority offices and personnel whose

responsibilities (e.g., land acquisition, maintenance,

construction, utility permits) may affect land use

limitations will have notice of any environmental concerns

and land use limitations applicable to a site;

Provisions addressing future conveyances (including title

or any lesser form of interest) or jurisdictional transfers of

the site to any other agency, private person or entity and the

steps that will be taken to ensure the long-term integrity of

any land use limitations including, but not limited to, the

following:

Upon creation of a deed, the recording of the No

Further Remediation Letter and any other land use

limitations requiring recording under 35 Ill. Adm.

Code 742, with copies of the recorded instruments

sent to the Agency within 30 days after recording;

ii)

Any other arrangements necessary to ensure that

property that is conveyed or transferred remains

subject to any land use limitations approved and

implemented as part of the corrective action plan

and the No Further Remediation Letter; and

iii)

Notice to the Agency at least 60 days prior to any

such intended conveyance or transfer indicating the

mechanism(s) to be used to ensure that any land use

limitations will be operated or maintained as

required in the corrective action plan and No

Further Remediation Letter; and

Provisions for notifying the Agency if any actions taken by

the highway authority or its permittees at the site result in

the failure or inability to restore the site to meet the

requirements of the corrective action plan and the No

Further Remediation Letter.

Failure to comply with the requirements of this subsection (c) may

result in voidance of the No Further Remediation Letter pursuant

to Section 734.720 of this Part as well as any other penalties that

may be available.

For sites located on Federally Owned Property for which the Federal

Landholding Entity does not have the authority under federal law to

record institutional controls on the chain of title, the following

requirements shall apply:

To perfect a No Further Remediation Letter containing any

restriction on future land use(s), the Federal Landholding Entity or

Entities responsible for the site must enter into a Land Use Control

Memorandum of Agreement (LUC MOA) with the Agency that

requires the Federal Landholding Entity to do, at a minimum, the

following:

Identify the location on the Federally Owned Property of

the site subject to the No Further Remediation Letter. Such

identification shall be by means of common address,

notations in any available facility master land use plan, site

specific GIS or GPS coordinates, plat maps, or any other

means that identify the site in question with particularity;

Implement periodic site inspection procedures that ensure

oversight by the Federal Landholding Entities of any land

use limitations or restrictions imposed pursuant to the No

Further Remediation Letter;

Implement procedures for the Federal Landholding Entities

to periodically advise the Agency of continued compliance

with all maintenance and inspection requirements set forth

in the LUC MOA;

Implement procedures for the Federal Landholding Entities

to notify the Agency of any planned or emergency changes

in land use that may adversely impact land use limitations

or restrictions imposed pursuant to the No Further

Remediation Letter;

Notify the Agency at least 60 days in advance of a

conveyance by deed or fee simple title, by the Federal

Landholding Entities, of the site or sites subject to the No

Further Remediation Letter, to any entity that will not

remain or become a Federal Landholding Entity, and

provide the Agency with information about how the

Federal Landholding Entities will ensure the No Further

Remediation Letter is recorded on the chain of title upon

transfer of the property; and

Attach to the LUC MOA a copy of the No Further

Remediation Letter for each site subject to the LUC MOA.

To perfect a No Further Remediation letter containing no

restriction(s) on future land use, the Federal Landholding Entity

shall submit the letter to the Office of the Recorder or the Registrar

of Titles of the county in which the site is located within 45 days

after receipt of the letter. The letter shall be filed in accordance

with Illinois law so it forms a permanent part of the chain of title.

The Federal Landholding Entity shall obtain and submit to the

Agency, within 30 days after recording, a copy of the letter

demonstrating that the recording requirements have been satisfied.

Failure to comply with the requirements of this subsection (d) and

the LUC MOA may result in voidance of the No Further

Remediation Letter as well as any other penalties that may be

available.

At no time shall any site for which a land use limitation has been imposed

as a result of corrective action under this Part be used in a manner

inconsistent with the land use limitation set forth in the No Further

Remediation Letter. The land use limitation specified in the No Further

Remediation Letter may be revised only by the perfecting of a subsequent

No Further Remediation Letter, issued pursuant to Title XVII of the Act

and regulations thereunder, following further investigation or remediation

that demonstrates the attainment of objectives appropriate for the new land

use.

Section 734.720

Voidance of a No Further Remediation Letter

The No Further Remediation Letter shall be voidable if site activities are

not carried out in full compliance with the provisions of this Part, and 35

Ill. Adm. Code 742 where applicable, or the remediation objectives upon

which the issuance of the No Further Remediation Letter was based.

Specific acts or omissions that may result in voidance of the No Further

Remediation Letter include, but shall not be limited to:

Any violations of institutional controls or land use restrictions, if

applicable;

The failure of the owner or operator or any subsequent transferee

to operate and maintain preventive, engineering, and institutional

controls;

Obtaining the No Further Remediation Letter by fraud or

misrepresentation;

Subsequent discovery of indicator contaminants related to the

occurrence upon which the No Further Remediation Letter was

based that:

were not identified as part of the investigative or remedial

activities upon which the issuance of the No Further

Remediation Letter was based;

results in the failure to meet the remediation objectives

established for the site; and

pose a threat to human health or the environment;

Upon the lapse of the 45 day period for recording the No Further

Remediation Letter, the failure to record and thereby perfect the

No Further Remediation Letter in a timely manner;

The disturbance or removal of contamination left in place under an

approved plan;

The failure to comply with the requirements of Section 734.715(c)

of this Part and the Memorandum of Agreement entered in

accordance with Section 734.715(c) of this Part for a site that is

located in a highway authority right-of-way;

The failure to comply with the requirements of Section 734.715(d)

of this Part and the LUC MOA entered in accordance with Section

734.715(d) of this Part for a site located on Federally Owned

Property for which the Federal Landholding Entity does not have

the authority under federal law to record institutional controls on

the chain of title;

The failure to comply with the requirements of Section 734.715(d)

of this Part or the failure to record a No Further Remediation

Letter perfected in accordance with Section 734.715(d) of this Part

within 45 days following the transfer of the Federally Owned

Property subject to the No Further Remediation Letter to any entity

that will not remain or become a Federal Landholding Entity; or

10)

The failure to comply with the notice or confirmation requirements

of 35 Ill. Adm. Code 742.1015(b)(5) and (c).

If the Agency seeks to void a No Further Remediation Letter, it shall

provide a Notice of Voidance to the current title holder of the site and the

owner or operator at his or her last known address.

The Notice of Voidance shall specify the cause for the voidance

and describe the facts in support of the cause.

The Agency shall mail Notices of Voidance by registered or

certified mail, date stamped with return receipt requested.

Within 35 days after receipt of the Notice of Voidance, the current title

holder and owner or operator of the site at the time the No Further

Remediation Letter was issued may appeal the Agency's decision to the

Board in the manner provided for the review of permit decisions in

Section 40 of the 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 such action.

If the Agency's action is appealed, the action shall not become

effective until the appeal process has been exhausted and a final

decision is reached by the Board or courts.

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 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.

If the Agency's action is not upheld on appeal, the Notice

of lis pendens shall be removed in accordance with Illinois

law within 45 days after receipt of the final decision of the

Board or the courts.

If the Agency's action is not appealed or is upheld on appeal, the

Agency shall submit the Notice of Voidance to the Office of the

Recorder or the Registrar of Titles for the county in which the site

is located. The Notice shall be filed in accordance with Illinois

law so that it forms a permanent part of the chain of title for the

site.

SUBPART H: MAXIMUM PAYMENT AMOUNTS

Section 734.800

Applicability

This Subpart H provides three methods for determining the maximum

amounts that can be paid from the Fund for eligible corrective action

costs. All costs associated with conducting corrective action are grouped

into the tasks set forth in Sections 734.810 through 734.850 of this Part.

The first method for determining the maximum amount that can be paid

for each task is to use the maximum amounts for each task set forth in

those Sections. In some cases the maximum amounts are specific dollar

amounts, and in other cases the maximum amounts are determined on a

site-specific basis.

As an alternative to using the amounts set forth in Sections 734.810

through 734.850 of this Part, the second method for determining the

maximum amounts that can be paid for one or more tasks is bidding in

accordance with Section 734.855 of this Part. As stated in that Section,

when bidding is used, if the lowest bid for a particular task is less than the

amount set forth in Sections 734.810 through 734.850, the amount in

Sections 734.810 through 734.850 of this Part may be used instead of the

lowest bid. Finally, the third method for determining maximum amounts

that can be paid from the Fund applies to unusual or extraordinary

circumstances. The maximum amounts for such circumstances can be

determined in accordance with Section 734.860 of this Part.

The costs listed under each task set forth in Sections 734.810 through

734.850 of this Part identify only some of the costs associated with each

task. They are not intended as an exclusive list of all costs associated with

each task for the purposes of payment from the Fund.

This Subpart H sets forth only the methods that can be used to determine

the maximum amounts that can be paid from the Fund for eligible

corrective action costs. Whether a particular cost is eligible for payment

shall be determined in accordance with Subpart F of this Part.

Section 734.810

UST Removal or Abandonment Costs

Payment for costs associated with UST removal or abandonment of each UST shall not

exceed the amounts set forth in this Section. Such costs shall include, but not be limited

to, those associated with the excavation, removal, disposal, and abandonment of UST

systems.

UST Volume

Maximum Total Amount per UST

1,000 – 14,999 gallons

$3,150.00

15,000 or more gallons

$4,100.00

Section 734.815

Free Product or Groundwater Removal and Disposal

Payment for costs associated with the removal and disposal of free product or

groundwater shall not exceed the amounts set forth in this Section. Such costs shall

include, but not be limited to, those associated with the removal, transportation, and

disposal of free product or groundwater, and the design, construction, installation,

operation, maintenance, and closure of free product or groundwater removal systems.

Payment for costs associated with each round of free product or

groundwater removal via hand bailing or a vacuum truck shall not exceed

a total of $0.68 per gallon or $200.00, whichever is greater.

Payment for costs associated with the removal of free product or

groundwater via a method other than hand bailing or vacuum truck shall

be determined on a time and materials basis and shall not exceed the

amounts set forth in Section 734.850 of this Part. Such costs shall include,

but not be limited to, those associated with the design, construction,

installation, operation, maintenance, and closure of free product and

groundwater removal systems.

Section 734.820

Drilling, Well Installation, and Well Abandonment

Payment for costs associated with drilling, well installation, and well abandonment shall

not exceed the amounts set forth in this Section.

Payment for costs associated with each round of drilling

shall not exceed

the following amounts. Such costs shall include, but not be limited to,

those associated with mobilization, drilling labor, decontamination, and

drilling for the purposes of soil sampling or well installation.

Type of Drilling

Maximum Total Amount

Hollow-stem auger

greater of $23.00 per foot or $1,500.00

Direct-push platform

for sampling or other

greater of $18.00 per foot or $1,200.00

non-injection purposes

for injection purposes

greater of $15.00 per foot or $1,200.00

Payment for costs associated with the installation of monitoring wells,

excluding drilling, shall not exceed the following amounts. Such costs

shall include, but not be limited to, those associated with well construction

$16.50/foot (well length)

Direct-push platform

$12.50/foot (well length)

Payment for costs associated with the installation of recovery wells,

excluding drilling, shall not exceed the following amounts. Such costs

shall include, but not be limited to, those associated with well construction

$25.00/foot (well length)

8 inches or greater

$41.00/foot (well length)

Payment for costs associated with the abandonment of monitoring wells

shall not exceed $10.00 per foot of well length.

Section 734.825

Soil Removal and Disposal

Payment for costs associated with soil removal, transportation, and disposal shall not

exceed the amounts set forth in this Section. Such costs shall include, but not be limited

to, those associated with the removal, transportation, and disposal of contaminated soil

exceeding the applicable remediation objectives or visibly contaminated fill removed

pursuant to Section 734.210(f) of this Part, and the purchase, transportation, and

placement of material used to backfill the resulting excavation.

Payment for costs associated with the removal, transportation, and

disposal of contaminated soil exceeding the applicable remediation

objectives, visibly contaminated fill removed pursuant to Section

734.210(f) of this Part, and concrete, asphalt, or paving overlying such

contaminated soil or fill shall not exceed a total of $57.00 per cubic yard.

Except as provided in subsection (a)(2) of this Section, the volume

of soil removed and disposed shall be determined by the following

equation using the dimensions of the resulting excavation:

(Excavation Length x Excavation Width x Excavation Depth) x

1.05. A conversion factor of 1.5 tons per cubic yard shall be used

to convert tons to cubic yards.

The volume of soil removed from within four feet of the outside

dimension of the UST and disposed of pursuant to Section

734.210(f)

of this Part

shall be determined in accordance with

Section 734.Appendix C of this Part.

Payment for costs associated with the purchase, transportation, and

placement of material used to backfill the excavation resulting from the

removal and disposal of soil shall not exceed a total of $20.00 per cubic

yard.

Except as provided in subsection (b)(2) of this Section, the volume

of backfill material shall be determined by the following equation

using the dimensions of the backfilled excavation: (Excavation

Length x Excavation Width x Excavation Depth) x 1.05. A

conversion factor of 1.5 tons per cubic yard shall be used to

convert tons to cubic yards.

The volume of backfill material used to replace soil removed from

within four feet of the outside dimension of the UST and disposed

of pursuant to Section 734.210(f) of this Part shall be determined

in accordance with Section 734.Appendix C of this Part.

Payment for costs associated with the removal and subsequent return of

soil that does not exceed the applicable remediation objectives but whose

removal is required in order to conduct corrective action shall not exceed a

total of $6.50 per cubic yard. The volume of soil removed and returned

shall be determined by the following equation using the dimensions of the

excavation resulting from the removal of the soil: (Excavation Length x

Excavation Width x Excavation Depth). A conversion factor of 1.5 tons

per cubic yard shall be used to convert tons to cubic yards.

Section 734.830

Drum Disposal

Payment for costs associated with the purchase, transportation, and disposal of 55-gallon

drums containing waste generated as a result of corrective action (e.g., boring cuttings,

water bailed for well development or sampling, hand-bailed free product) shall not

exceed the following amounts or a total of $500.00, whichever is greater.

Drum Contents

Maximum Total Amount per Drum

Sample Handling and Analysis

Payment for costs associated with sample handling and analysis shall not exceed the

amounts set forth in Section 734.Appendix D of this Part. Such costs shall include, but

not be limited to, those associated with the transportation, delivery, preparation, and

analysis of samples, and the reporting of sample results. For laboratory analyses not

included in this Section, the Agency may determine reasonable maximum payment

amounts on a site-specific basis.

Section 734.840

Concrete, Asphalt, and Paving; Destruction or

Dismantling and Reassembly of Above Grade

Structures

Payment for costs associated with concrete, asphalt, and paving installed

as an engineered barrier, other than replacement concrete, asphalt, and

paving, shall not exceed the following amounts. Costs associated with the

replacement of concrete, asphalt, and paving used as an engineered barrier

are subject to the maximum amounts set forth in subsection (b) of this

Section instead of this subsection (a).

Asphalt and paving – 2 inches

Payment for costs associated with the replacement of concrete, asphalt,

and paving shall not exceed the following amounts:

Asphalt and paving – 2 inches

For depths other than those listed above, the Agency shall determine

reasonable maximum payment amounts on a site-specific basis.

Payment for costs associated with the destruction or the dismantling and

reassembly of above grade structures shall not exceed the time and

material amounts set forth in Section 734.850 of this Part. The total cost

for the destruction or the dismantling and reassembly of above grade

structures shall not exceed $10,000.00 per site.

Section 734.845

Professional Consulting Services

Payment for costs associated with professional consulting services shall not exceed the

amounts set forth in this Section. Such costs shall include, but not be limited to, those

associated with project planning and oversight; field work; field oversight; travel; per

diem; mileage; transportation; vehicle charges; lodging; meals; and the preparation,

review, certification, and submission of all plans, budgets, reports, applications for

payment, and other documentation.

Early Action and Free Product Removal. Payment of costs for

professional consulting services associated with early action and free

product removal activities conducted pursuant to Subpart B of this Part

shall not exceed the following amounts:

Payment for costs associated with preparation for the abandonment

or removal of USTs shall not exceed a total of $960.00.

Payment for costs associated with early action field work and field

oversight shall not exceed a total of $390.00 per half-day, plus

travel costs in accordance with subsection (e) of this Section. The

number of half-days shall not exceed the following:

If one or more USTs are removed, one half-day for each

leaking UST that is removed, not to exceed a total of ten

half-days, plus one half-day for each 225 cubic yards, or

fraction thereof, of visibly contaminated fill material

removed and disposed of in accordance with Section

734.210(f) of this Part;

If one or more USTs remain in place, one half-day for

every four soil borings, or fraction thereof, drilled pursuant

to Section 734.210(h)(2) of this Part; and

One half-day if a UST line release is repaired.

Payment for costs associated with the preparation and submission

of 20-day and 45-day reports, including, but not limited to, field

work not covered by subsection (a)(2) of this Section, shall not

exceed a total of $4,800.00.

Payment for costs associated with the preparation and submission

of free product removal plans and the installation of free product

removal systems shall be determined on a time and materials basis

and shall not exceed the amounts set forth in Section 734.850 of

this Part.

Payment for costs associated with the field work and field

oversight for free product removal shall not exceed a total of a

total of $390.00 per half-day, plus travel costs in accordance with

subsection (e) of this Section. The Agency shall determine the

reasonable number of half-days on a site-specific basis.

Payment for costs associated with the preparation and submission

of free product removal reports shall not exceed a total of

$1,600.00 per report.

Payment for costs associated with the preparation and submission

of reports submitted pursuant to Section 734.210(h)(3) of this Part

shall not exceed a total of $500.00.

Site Investigation. Payment of costs for professional consulting services

associated with site investigation activities conducted pursuant to Subpart

C of this Part shall not exceed the following amounts:

Payment for costs associated with Stage 1 site investigation

preparation shall not exceed a total of $1,600.00.

Payment for costs associated with Stage 1 field work and field

oversight shall not exceed a total of $390.00 per half-day, plus

travel costs in accordance with subsection (e) of this Section. The

number of half-days shall not exceed the following:

One half-day for every four soil borings, or fraction

thereof, drilled as part of the Stage 1 site investigation but

not used for the installation of monitoring wells. Borings

in which monitoring wells are installed shall be included in

subsection (b)(2)(B) of this Section instead of this

subsection (b)(2)(A); and

One half-day for each monitoring well installed as part of

the Stage 1 site investigation.

Payment for costs associated with the preparation and submission

of Stage 2 site investigation plans shall not exceed a total of

$3,200.00.

Payment for costs associated with Stage 2 field work and field

oversight shall not exceed a total of $390.00 per half-day, plus

travel costs in accordance with subsection (e) of this Section. The

number of half-days shall not exceed the following:

One half-day for every four soil borings, or fraction

thereof, drilled as part of the Stage 2 site investigation but

not used for the installation of monitoring wells. Borings

in which monitoring wells are installed shall be included in

subsection (b)(4)(B) of this Section instead of this

subsection (b)(4)(A); and

One half-day for each monitoring well installed as part of

the Stage 2 site investigation.

Payment for costs associated with the preparation and submission

of Stage 3 site investigation plans shall not exceed a total of

$3,200.00.

Payment for costs associated with Stage 3 field work and field

oversight shall not exceed a total of $390.00 per half-day, plus

travel costs in accordance with subsection (e) of this Section. The

number of half-days shall not exceed the following:

One half-day for every four soil borings, or fraction

thereof, drilled as part of the Stage 3 site investigation but

not used for the installation of monitoring wells. Borings

in which monitoring wells are installed shall be included in

subsection (b)(6)(B) of this Section instead of this

subsection (b)(6)(A); and

One half-day for each monitoring well installed as part of

the Stage 3 site investigation.

Payment for costs associated with well surveys conducted pursuant

to Section 734.445(b) of this Part shall not exceed a total of

$160.00. Payment for costs associated with well surveys

conducted pursuant to Section 734.445(c) of this Part shall be

determined on a time and materials basis and shall not exceed the

amounts set forth in Section 734.850 of this Part.

Payment for costs associated with the preparation and submission

of site investigation completion reports shall not exceed a total of

$1,600.00.

Corrective Action. Payment of costs for professional consulting services

associated with corrective action activities conducted pursuant to Subpart

C of this Part shall not exceed the following amounts:

For conventional technology, payment for costs associated with the

preparation and submission of corrective action plans shall not

exceed a total of $5,120.00. For alternative technologies, payment

for costs shall be determined on a time and materials basis and

shall not exceed the amounts set forth in Section 734.850 of this

Part.

Payment for costs associated with corrective action field work and

field oversight shall not exceed the following amounts:

For conventional technology, a total of $390.00 per half-

day, not to exceed one half-day for each 225 cubic yards, or

fraction thereof, of soil removed and disposed, plus travel

costs in accordance with subsection (e) of this Section.

For alternative technologies, payment for costs shall be

determined on a time and materials basis and shall not

exceed the amounts set forth in Section 734.850 of this

Part.

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Payment for costs associated with Environmental Land Use

Controls and Highway Authority Agreements used as institutional

controls pursuant to 35 Ill. Adm. Code 742 shall not exceed a total

of $800.00 per Environmental Land Use Control or Highway

Authority Agreement.

Payment for costs associated with the preparation and submission

of corrective action completion reports shall not exceed a total of

$5,120.00.

Development of Tier 2 and Tier 3 Remediation Objectives. Payment of

costs for professional consulting services associated with the development

of Tier 2 and Tier 3 remediation objectives in accordance with 35 Ill.

Adm. Code 742 shall not exceed the following amounts:

Payment for costs associated with field work and field oversight

for the development of remediation objectives shall not exceed a

total of $390.00 per half-day, plus travel costs in accordance with

subsection (e) of this Section. The number of half-days shall not

exceed the following:

One half-day for every four soil borings, or fraction

thereof, drilled solely for the purpose of developing

remediation objectives. Borings in which monitoring wells

are installed shall be included in subsection (d)(1)(B) of

this Section instead of this subsection (d)(1)(A); and

One half-day for each monitoring well installed solely for

the purpose of developing remediation objectives.

Excluding costs set forth in subsection (d)(1) of this Section,

payment for costs associated with the development of Tier 2 or

Tier 3 remediation objectives shall not exceed a total of $800.00.

Payment for costs associated with travel, including, but not limited to,

travel time, per diem, mileage, transportation, vehicle charges, lodging,

and meals, shall not exceed the following amounts. Costs for travel shall

be allowed only when specified elsewhere in this Part.

Distances shall be measured in ground miles and rounded to the nearest

mile. If a consultant maintains more than one office, distance to the site

shall be measured from the consultant’s office that is closest to the site.

If a plan must be amended due to unforeseen circumstances, costs

associated with the amendment of the plan and its associated budget shall

not exceed a total of $640.00.

Costs associated with bidding pursuant to 734.855 of this Part shall not

exceed a total of $160.00 per task bid (e.g., tank removal, drilling,

laboratory analysis of samples). For the purposes of this subsection (g),

soil excavation, transportation, and disposal shall be considered three

separate tasks. Costs for bidding shall be allowed under this subsection (g)

only when the person performing the task bid is paid directly by the owner

or operator.

Section 734.850

Payment on Time and Materials Basis

This Section sets forth the maximum amounts that may be paid when payment is allowed

on a time and materials basis.

Payment for costs associated with activities that have a maximum

payment amount set forth in other sections of this Subpart H (e.g, sample

handling and analysis, drilling, well installation and abandonment, drum

disposal, or consulting fees for plans, field work, field oversight, and

reports) shall not exceed the amounts set forth in those Sections, unless

payment is made pursuant to Section 734.860 of this Part.

Maximum payments amounts for costs associated with activities that do

not have a maximum payment amount set forth in other sections of this

Subpart H shall be determined by the Agency on a site-specific basis,

provided, however, that personnel costs shall not exceed the amounts set

forth in Section 734.Appendix E of this Part. Personnel costs shall be

based upon the work being performed, regardless of the title of the person

performing the work. Owners and operators seeking payment shall

demonstrate to the Agency that the amounts sought are reasonable.

BOARD NOTE: Alternative technology costs in excess of the costs of conventional

technology are ineligible for payment from the Fund. See Sections 734.340(b) and

734.630(z) of this Part.

Section 734.855

Bidding

As an alternative to the maximum payment amounts set forth in this Subpart H, one or

more maximum payment amounts may be determined via bidding in accordance with this

102

Section. Each bid shall cover all costs included in the maximum payment amount that

the bid is replacing.

A minimum of three written bids shall be obtained. The bids shall be

based upon the same scope of work and shall remain valid for a period of

time that will allow the owner or operator to accept them upon the

Agency’s approval of the associated budget. Bids shall be obtained only

from persons qualified and able to perform the work being bid. Bids shall

not be obtained from persons in which the owner or operator, or the

owner’s or operator’s primary consultant, has a direct or indirect financial

interest.

The bids must be summarized on forms prescribed and provided by the

Agency. The bid summary form, along with copies of the bid requests and

the bids obtained, shall be submitted to the Agency in the associated

budget. If more than the minimum three bids are obtained, summaries and

copies of all bids shall be submitted to the Agency.

The maximum payment amount for the work bid shall be the amount of

the lowest bid, unless the lowest bid is less than the maximum payment

amount set forth in this Subpart H in which case the maximum payment

amount set forth in this Subpart H shall be allowed. The owner or

operator is not required to use the lowest bidder to perform the work, but

instead may use another person qualified and able to perform the work,

including, but not limited to, a person in which the owner or operator, or

the owner’s or operator’s primary consultant, has a direct or indirect

financial interest. However, regardless of who performs the work, the

maximum payment amount will remain the amount of the lowest bid.

Section 734.860

Unusual or Extraordinary Circumstances

If, as a result of unusual or extraordinary circumstances, an owner or operator incurs or

will incur eligible costs that exceed the maximum payment amounts set forth in this

Subpart H, the Agency may determine maximum payment amounts for the costs on a

site-specific basis. Owners and operators seeking to have the Agency determine

maximum payments amounts pursuant to this Section shall demonstrate to the Agency

that the costs for which they are seeking a determination are eligible for payment from

the Fund, exceed the maximum payment amounts set forth in this Subpart H, are the

result of unusual or extraordinary circumstances, are unavoidable, are reasonable, and are

necessary in order to satisfy the requirements of this Part. Examples of unusual or

extraordinary circumstances may include, but shall not be limited to, an inability to

obtain a minimum of three bids pursuant to Section 734.855 of this Part due to a limited

number of persons providing the service needed.

Section 734.865

Handling Charges

103

Payment of handling charges shall not exceed the amounts set forth in Section 734.635 of

this Part.

Section 734.870

Increase in Maximum Payment Amounts

The maximum payment amounts set forth in this Subpart H shall be adjusted annually by

an inflation factor determined by the annual Implicit Price Deflator for Gross National

Product as published by the U.S. Department of Commerce in its Survey of Current

Business.

The inflation factor shall be calculated each year by dividing the latest

published annual Implicit Price Deflator for Gross National Product by the

annual Implicit Price Deflator for Gross National Product for the previous

year. The inflation factor shall be rounded to the nearest 1/100th. In no

case shall the inflation factor be more than five percent in a single year.

Adjusted maximum payment amounts shall become effective on July 1 of

each year and shall remain in effect through June 30 of the following year.

The first adjustment shall be made on July 1, 2006, by multiplying the

maximum payment amounts set forth in this Subpart H by the applicable

inflation factor. Subsequent adjustments shall be made by multiplying the

latest adjusted maximum payment amounts by the latest inflation factor.

The Agency shall post the inflation factors on its website no later than the

date they become effective. The inflation factors shall remain posted on

the website in subsequent years to aid in the calculation of adjusted

maximum payment amounts.

Adjusted maximum payment amounts shall be applied as follows:

For costs approved by the Agency in writing prior to the date the

costs are incurred, the applicable maximum payments amounts

shall be the amounts in effect on the date the Agency received the

budget in which the costs were proposed. Once the Agency

approves a cost, the applicable maximum payment amount for the

cost shall not be increased (e.g, by proposing the cost in a

subsequent budget).

For costs not approved by the Agency in writing prior to the date

the costs are incurred, including, but not limited to, early action

costs, the applicable maximum payments amounts shall be the

amounts in effect on the date the costs were incurred.

104

Owners and operators shall have the burden of requesting the

appropriate adjusted maximum payment amounts in budgets and

applications for payment.

Section 734.875

Agency Review of Payment Amounts

No less than every three years the Agency shall review the amounts set forth in this

Subpart H and submit a report to the Board on whether the amounts are consistent with

the prevailing market rates. The report shall identify amounts that are not consistent with

the prevailing market rates and suggest changes needed to make the amounts consistent

with the prevailing market rates

Section 734.APPENDIX A

Indicator Contaminants

TANK CONTENTS

INDICATOR CONTAMINANTS

GASOLINE

leaded(1), unleaded, premium and gasohol

Methyl tertiary butyl ether (MTBE)

MIDDLE DISTILLATE AND HEAVY ENDS

aviation turbine fuels(1)

gas turbine fuel oils

Kerosene benzo(b)fluoranthene

Lubricants benzo(k)fluoranthene

liquid asphalt and dust laying oils

chrysene

cable oils

dibenzo(a,h)anthracene

crude oil, crude oil fractions

indeno(1,2,3-c,d)pyrene

mineral spirits(4), Stoddard solvents(4)

Phenanthrene

105

high-flash aromatic naphthas(4)

VM&P naphthas(4)

moderately volatile hydrocarbon solvents(4)

petroleum extender oils(4)

USED OIL

Screening sample(5)

(1)

lead is also an indicator contaminant

(2)

the polychlorinated biphenyl parameters listed in Appendix B are also indicator

contaminants

(3)

barium is also an indicator contaminant

(4)

the volatile, base/neutral and polynuclear aromatic parameters listed in Appendix

B are also indicator contaminants

(5)

used oil indicator contaminants shall be based on the results of a used oil soil

sample analysis - refer to Section 734.405(g) of this Part

Section 734.APPENDIX B

Additional Parameters

6. Dichlorobromomethane

7. 1,2-Dichloroethane

8. 1,1-Dichloroethene

9. cis-1,2-Dichloroethylene

10. Trans-1,2-Dichloroethylene

11.

Dichloromethane (Methylene chloride)

12. 1,2-Dichloropropane

13.

1,3-Dichloropropylene (cis + trans)

14. Ethylbenzene

15. Styrene

16. Tetrachloroethylene

17. Toluene

18. 1,1,1-Trichloroethane

19. 1,1,2-Trichloroethane

20. Trichloroethylene

1. Bis(2-chloroethyl)ether

2. Bis(2-ethylhexyl)phthalate

106

3. 1,2-Dichlorobenzene

4. 1,4-Dichlorobenzene

5. Hexachlorobenzene

6. Hexachlorocyclopentadiene

-Nitrosodi-

-propylamine

-Nitrosodiphenylamine

9. 1,2,4-Trichlorobenzene

Polynuclear Aromatics

1. Acenaphthene

2. Anthracene

3. Benzo(a)anthracene

4. Benzo(a)pyrene

5. Benzo(b)fluoranthene

6. Benzo(k)fluoranthene

7. Chrysene

8. Dibenzo(a,h)anthracene

9. Fluoranthene

10. Fluorene

11. Indeno(1,2,3-c,d)pyrene

12. Naphthalene

13. Pyrene

14. Acenaphthylene

15. Benzo(g,h,i)perylene

16. Phenanthrene

Metals (total inorganic and organic forms)

Polychlorinated Biphenyls

(as

Decachlorobiphenyl)

107

Section 734.APPENDIX C

Backfill Volumes

Volume of Tank in Gallons

Maximum amount of backfill

material to be removed:

Cubic yards

Maximum amount of backfill

material to be replaced:

A conversion factor of 1.5 tons per cubic yard shall be used to convert tons to cubic

yards.

Section 734.APPENDIX

Sample Handling and Analysis

Chemical

COD (Chemical Oxygen Demand)

$30.00

Corrosivity $15.00

Flash Point or Ignitability Analysis EPA 1010

$33.00

FOC (Fraction Organic Carbon)

$38.00

Fat, Oil, & Grease (FOG)

$60.00

LUST Pollutants Soil - analysis must include all volatile,

base/neutral, polynuclear aromatic, and metal parameters listed

in Section 734.AppendixB of this Part

$693.00

Organic Carbon (ASTM-D 2974-87)

$33.00

108

Dissolved Oxygen (DO)

$24.00

Paint Filter (Free Liquids)

$14.00

PCB / Pesticides (combination)

Polynuclear Aromatics PNA, or PAH SOIL

$152.00

Polynuclear Aromatics PNA, or PAH WATER

$152.00

Reactivity $68.00

SVOC - Soil (Semi-volatile Organic Compounds)

$313.00

SVOC - Water (Semi-volatile Organic Compounds)

$313.00

TKN (Total Kjeldahl) "nitrogen"

$44.00

TOC (Total Organic Carbon) EPA 9060A

$31.00

TPH (Total Petroleum Hydrocarbons)

$122.00

VOC (Volatile Organic Compound) - Soil (Non-Aqueous)

$175.00

VOC (Volatile Organic Compound) - Water

$169.00

Geo-Technical

Bulk Density ASTM D4292 / D2937

$22.00

Ex-Situ Hydraulic Conductivity / Permeability

$255.00

Moisture Content ASTM D2216-90 / D4643-87

$12.00

Porosity $30.00

Rock Hydraulic Conductivity Ex-Situ

$350.00

Sieve / Particle Size Analysis ASTM D422-63 / D1140-54

$145.00

Soil Classification ASTM D2488-90 / D2487-90

Metals

Metals TCLP Soil (a combination of all RCRA metals)

$103.00

Metals Total Soil (a combination of all RCRA metals)

$94.00

Metals Water (a combination of all RCRA metals)

$119.00

Soil preparation for Metals TCLP Soil (one fee per sample)

$79.00

Soil preparation for Metals Total Soil (one fee per sample)

$16.00

Water preparation for Metals Water (one fee per sample)

$11.00

Other

En Core® Sampler, purge-and-trap sampler, or equivalent

sampling device

$10.00

Sample Shipping (*maximum total amount for shipping all

samples collected in a calendar day)

$50.00*

Section 734.APPENDIX

Personnel Titles and Rates

Professional Engineer

Senior Prof. Engineer

Bachelor’s in Engineering

Professional Geologist

Senior Prof. Geologist

Bachelor’s in Geology or Hydrogeology

Bachelor’s in a Natural or Physical Science

Bachelor’s in a Natural or Physical Science

Senior Project Manager

Account Technician II

Account Technician III

Account Technician IV

Senior Acct. Technician

Administrative Assistant I

Administrative Assistant II

Administrative Assistant III

Administrative Assistant IV

Senior Admin. Assistant

Senior Draftperson/CAD

1 Equivalent work-related or college level education with significant coursework in the

physical, life, or environmental sciences can be substituted for all or part of the specified

experience requirements.

2 Equivalent work-related or college level education with significant coursework in

accounting or business can be substituted for all or part of the specified experience

requirements.

3 Equivalent work-related or college level education with significant coursework in

administrative or secretarial services can be substituted for all or part of the specified

experience requirements.

4 Equivalent work-related or college level education with significant coursework in drafting

or computer aided design (“CAD”) can be substituted for all or part of the specified

experience requirements.

111