ELECTRONIC

FILING,

RECEIVED, CLERK’S OFFICE,

SEPTEMBER

14, 2005

****************PC #60*****************

-

September

13. 2005

Marie Tipsord, Hearing

Officer

Illinois

Pollution Control

Board

James

R.

Thouipson Center

IOU West Randolph,

S u ite

I

1

—500

Chicago.

Illinois 6060

I

Re:

Proposed Revisions

to

Leaking Underground

Storage i’ank Regulations Part 732

and

734, R04-22

and R04-23

Dear Ms.

Tipsord:

As

stated

in

Jay

Koch’s

“Responses

to

the

Illinois

Environmental

Protection

Agency’s

Questions

Regarding

Testimony

Submitted

at

the

July

27,

2005,

Hearing”.

United

Science

Industries.

Inc

(USI) July

27,

2005

testimony

focused

on

those

conceptual

flaws

present

solely

within

Subpart

H.

After

an

extensive

review

of

all

sections,

USI

respectfully

submits

a

revised

version

of

the

I

Notice

734

LUST

Regulations

for

the

Board’s

review.

Currently,

this

submittal

addresses

those

changes

necessary within

734

LUST

Regulations,

however,

revised

732

LUST

Regulations.

as

well

as

proposed

Budgeting.

Billing and Competitive

Bidding forms

will

also be

provided

at

a

later date.

If you have

any questions, please feel

free to contact meat (618)735-2411.

/7~

Dan King

Manager of Business

Development

UNITED SCIENCE TNDUSTRIES.

INC.

---

ELECTRONIC

FILING,

RECEIVED,

CLERK’S OFFICE,

SEPTEMBER

14, 2005

****************PC

#60*****************

TITLE 35:

ENVIRONMENTAL

PRO’I’ECTION

SUBTITLE

G:

WASTE DISPOSAL

CI IAPTER

I:

POLLUTION

CONTROL

BOARD

SUBCHAFTER

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

734.150

LUST Advisory Committee

SUBPART B:

EARLY ACTION

Section

734.200

General

734.205

Agency

Authority to Initiate

734.210

Early Action

734.215

Free

Product Removal

734.220

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

I

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

734.350

Off-site Access

734,355

Status Report

---

ELECTRONIC

FILING,

RECEIVED, CLERK’S OFFICE,

SEPTEMBER

14,

2005

****************PC #60*****************

SUBPART D:

MISCELLANEOUS

PROVIS1ONS

Section

734.400

General

734.405

Indicator

Contaminants

734.410

Rerncdiation

Objectives

734.415

Data Quality

734.420

Laboratory Cet’tifieation

734.425

Soil

Borings

734.430

Monitoring Well Consiniction

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

Deterred Site Investigation or Corrective

Action;

Priority List

for Payment

SUBPAR’I’E: REVIEW

OF PLANS, BUDGETS. AND REPORTS

Section

734.500

General

734.505

Review of Plans,

Budgets, or Reports

734.5 10

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

Authorizaiion for Paytnent:

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 Ren’iediation Letter

734.715

Duty

to Record

a

No Further Remediation Letter

734.720

Voidanee of a No Ftirther Remediation

Letter

2

---

ELECTRONIC FILING,

RECEIVED, CLERKS

OFFICE,

SEPTEMBER

14,

2005

SUBPART

H:

EXPEDITED

I ~NIT

RATES

&

MAXIMUM

UNIT RAILS

PA_YMF+N4

Section

734.800

Applicability

734.805

General

734.810

UST Removal

or Abandonment Services

GosH

734.815

Free Product

or Groundwater Removal

and Disposal

Services

734.820

Drilling, Well

Installation,

and Well

Abandonment

Sci’Y

734.825

Soil

Removal

and Disposal

Services

734.830

Drum

Disposal Ser~~ces

734 83S

(

on

tet

lA~phdiPa\IneSu\

C(5

~Tttff’le44*fk414O~.-f~4

734.840

~

~

734.845

Professional Consulting

Services

-

Mde~g~.lnd,gjpo&PerDierns

734.850

Payment on Time and

Materials

Basis

734.855

~jjI2etitive

Bidding

734.860

Cost Justification

734.862

Unnsual or

Ex rraordinaç_y Ci rcu mstances

734.865

734.870

Increase in ~

734.875

Agency Review of Standardized Tasks Payme+4-Amoun~+

734.APPENDIX A

Indicator Contaminants

734.APPEN Dlx

B

Additional Parameters

734.APPENDIX C

Backfill Volumes

734.APPENDIX D

StwidardTaskUsiSam14e-Htlg-an4An4y~

734.APPENDIX E

Schedule_of Standard

Products

& Services

Persomet4-tt1es—aod—Rotes

734 APPI

NDIX I

ScopcofSuu~s&RemonjbleQunuuGwdjncc

loi

St

tnd

Irdl’ioduLt’.

&

Services Listed in Apoendix

E

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, and 57-

57.17

SOURCE:

Adopted in R

______

at

_____

III.

Reg.

_____

~,

effective

_____________

NOTE:

Italics denotes statutory language.

3

---

ELECTRONIC

FILING,

RECEIVED,

CLERKS OFFICE,

SEPTEMBER

14,

2005

SUBPART

A:

GENERAL

Section

734.100

Applicability

a)

This Part applies to owners or operators

of any

underground

storage

tank system

used to contain petroleum and

for which a release is reported

to

Illinois

Emergency Management

Agency

(IEMA)

on

or alter the effective date of these

rules

in accordance with

Office of State

Fire Marshal

(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

415

ILCS 5/57.5.

I)

For releases

reported

on or

alier June

24. 2002,

hot prior to the effective

date of these rules,

and br

owners and

operators electing prior to

the

effective (late of these rules to proceed

in

accordance with Title XVI of the

Act

as

amended

by PA.

92-0554,

the Agency

may deem that

one or inure

requirements of this Part have been satisfied, based upon

activities

conducted

prior to the effective date of these 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 the

effective date of these rules

may he deemed to have satisfied Sections 734.2 10(h) and 734.315 even

though sampling was not

conducted

in

strict

accordance with

those

Sect ions.

2)

Costs incuned

pursuant

to a budget approved prior to the effective date of

these rules

must he

reimbursed in accordance with

the

amounts approved

in the budget

and must

not he

subject to the maximum

payment amounts

set forth

in Subpart

1-I of tlus Part.

h)

Owners

or operatofs 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.

e)

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 1415

ILCS 5/57.5(g),

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

tise on

the

premises

where stored and

which

serves other than a

farm

or residential

unit,

must

cotiduct corrective action

in

accordance with this Part.

4

---

ELECTRONIC

FILING,

RECEIVED, CLERK’S OFFICE,

SEPTEMBER

14, 2005

d)

Owners

or operators subject

to this Part

by

law or by election must

proceed

expeditiously to comply

with all requirements of

the

Act

and

the regulations and

to obtam the No

Further Reinediation

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 e.xpedite

investigative, preventive, or

corrective action by

an

owner or operator or to initiate

such action.

e)

The

following underground

storage

tank systems

are excluded from

the

requirements of

Qis Part:

1)

Equipment

or machinery that contains

petroleum substances

for

operational purposes,

such

as hydraulic lift tanks and electrical

equipment

tanks.

2)

Any underground storage tank system whose capacity

is lit) gallons or

less.

3)

Any underground storage tank system that contains

a de

mninimis

concentration of petroleum substances.

4)

Any emergency spill

or

overfill containment underground

storage tank

system that is

expeditiously emptied after use,

5)

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

~33USC

1251

ci seq.

(1972).

6)

Any UST system holding hazardous waste

listed or identified

under

Subtitle

C

of the Solid Waste Disposal

Act t42

USC 3251

et

seq.

or

a

mixture of such hazardous waste or other regtilated sLibstailees.

Section 734.105

Election to Proceed under Part 734

a)

Owners or operators of

any

underground storage

tank system used

to contain

petroleum and for which a release

was reported to the

proper State authority 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 must be submitted on forms prescribed and provided

by

the Agency and, ifspecified by

the Agency

in writing, in an electronic format.

Corrective action must

then follow the requirements of this Part.

The election

must he effective upon receipt by the Agency and must

not

he withdrawn once

made,

h)

Except as

provided

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

underground storage

anks used exclusively to store heating oil for consumptive

use on

the premises where stored and

that serve other than a farm

or residential

5

---

ELECTRONIC

FILING,

RECEIVED,

CLERK’S OFFICE,

SEPTEMBER

14,

2005

nit

mar elect

to proceed

in

accordance

with this

Pan

by

stibmitti rig to the

Agency

a written statement

of such

election signed

by

the

owner or operator.

Such election

must

he

submitted

on

forms

prescribed

and provided

by

the Agency

and.

if specified

by

the

Agency

in

writing,

itt

an

electronic

format.

Corrective

action inttst

then follow

the reqturetneiits of this

Part.

The election must

he

effective upon receipt

hy

the

Agency

and must not

he withdrawn once

made.

c)

Owners

and

operators

electing pursuant

to this Section

to proceed

in accordance

with this Part must submit

with

their election a summary of the activities

conducted

to date and

a proposed

starting

point

for compliance

with this Part.

The Agency

must review

arid 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

tipon activities

conducted

prior to an owner’

(

ir 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 contartunation

prior to

the election

may he deemed

to have satisfied

Sections 734.21 0(h)

and

734.3 IS even though sampling was

not

conducted

in strict

accordance with those

Seetiotis.

d)

if the

owner or operator elects to proceed

pursuant to this Part,

corrective action

costs

incurred

in connection with the

release arid prior to the

notification

of

election

rnttst be payable

from the

Fund

in the same manner as was allowable

under the law applicable

to

the owner or operator prior to the notilieation of

election.

Con’ective action costs

incurred after

the notification of election

nitist

he

payable

front the Fund

in accordance with

this Pan.

e)

This

Section

does

not apply to any release for which

the Agency has issued

a No

Further Remediation

Letten.

wnh the cxcgpt ion of

the

roy

ions

listed uttitis

Part.

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

must

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 must be the same as those applied to the

same words or terms

in the

Environmental

Protection

Act

1415

ILCS

5J.

‘Act” means

the Environmental

Protection

Act 1415

ILCS

5.

‘Agency” means

the

Illinois

Environmental Protection

Agency.

6

---

ELECTRONIC

FILING,

CLERK’S

OFFICE,

SEPTEMBER

14, 2005

“Alternative Technology”

means

a

process or

technique, other than conventional

technology,

used to perform a corrective

action with respect

to soils

containinatedhy

releases

of petroleum from an

underground storage tank.

_~i4±1nILRJte

ale

ins the

lowest f~prtc~2~UnmtfflMctsu;c/oi~taudamdhoducts

wid

Sen tee’

Watts ob1uncdvneojmxti~~ldlli2utsua1ittoSeulon7143SS5

lit.

pjicc

mar

be more than the Expgditcd Unit

Rate

and/or the Maxhntttii

Unit

Rate.

If the

Bid Unit Rate

i’~

niotu than

the 1~p~dded

Unit

Rate

or

the

Ni vxtnunn Unit Rate the

Bid

tinit Rrte shall

he piesumed reasonable

for purposes of reimbursement.

If tile owner or

Qj~gator

demonsirnies

that any hid

is

deficient or non-responsive

it

nm v he disçjualified

from

the hiddingp~pcessand

the lowest

lifieidhallbeithchid

Unit

Rate.

“Uiihflg~jetfrodujgap~JheAg~eocv1atepjedn

jj~~j~pgj~clix

F are:’’ttnit

price’’ and

‘time

and mailer alsi

‘Board’’ means the

II litiois Pollution Control

Board.

‘‘Bodily (n/un’’’

means

bodily injury,

sickness, or

disease sustained by a

person,

including

deal/i

cm!

any tune,

resulting from a release of pet roleum tram

an unde,’ground

storage rank

1415

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

III.

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.

“Consultant” means the party contracted

~

the

Standard Products and Services listqjj~gg~iQri

Ill

of A

endixEnecessa~’tod

oversee._an~y~c~jriamia

end

docutneni

investigilhiveun~

corrective action project,

as well

as the profes~jp~pJ,~p_p

jjpg~seryiees_necessarvto

jfformall,Aeencjegyiredactivities.

including, ~

in

corr es

ond encc,

ete

“Contractor”

megmis

the

itly

that m~y.becontracted either to

ht~_pwner_orot)eralor

time Consultant and

wh J~pvidcsthe Standard Pus

and Services listed

in Section

lof

L~IQgi1dll3±~

---

ELECTRONIC

FILING, RECEIVED,

CLERKS OFFICE,

SEPTEMBER

14, 2005

‘‘Comm veilt ional

Technology’’

means

a

process or

techni&ltlc

to

perform

a corrective

acm ion

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,

bitt

withottt 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

1415

ILCS 5/57.21.

“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

IfS

5

‘lanvironmerital

Land

Use Control’’

means Environmental

Land

Use Control

as defined

iii

35

Ill.

Adm.

Code 742.200.

~h~12ndIititfnLL~ythdi2L

!IIgAU7..~tPP!ci

~

vcCly

ttiti1’inii

l~Qeetiftd itid’m,t

I3tdt.Jnmt

Rites

j”i.

IStidtlt!OSUbflJtUlO!th”’Ptu

yp~j~jted

Plans

md I~ppj’ets

means

plamis and

budge’s e~elusn3J~

utthnn~j xpedtted

ciLiir...~IsLLwLRatcs_puNiltil oS_pbpart_H

of

this

Part.

-‘fixpeditcdUtlitRate’meaimsilie

ratelprice

per utmilol

measure

of

Smatidard Products

and

Se

r~

ices pnhlms tiLd

in

\ppcnd

mx

I

of this

1’

irt

br

purposes

ol

idititnisti ting~jtid_mikjjjg

mcnt~Jromthe

Fund.

time A~etmey~alL

pfl~snuiethat anit

Products

and Services

less

than or cquaUo

he Expedited

timid Price is_reasonable.

Extended Cost

—

means

the Fxnedtt.el1iri~tted

UrittRtte

or alIos~thle

NI

tximumt’ntm

Rite ha

St2nidardProciucLan

ervices ttttiltwjied by

the

Reasonable

Qtta

iii

‘‘Extraordi nary

Uimtit

Rate’’

means

a

unit

rate br

St andard Products

and Services_that

is

approved

putsuatti

to the provisions

of Section

734.862

“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 lion-native ordisturbed materials used to bed and hackfill around

an underground

storage

tank

415

ILCS

5/57.21.

8

---

ELECTRONIC

FILING,

OFFICE,

SEPTEMBER

14, 2005

‘‘Financial

interest’’ means

any owaersh

p

cmzctest. legal

or

beneficial, or being

in

the

relationship

of director, officer,

employee. or otlmer active participant in the affairs

of

a

party.

Fimtammcial

interest

does

not

immclude ownership of publicly traded

stock.

“Free Product”

means

a

contaminant

that

is

present

as a non-aqtteous

phase liquid for

chemicals whose

melting point

is

less

thamm

300

C (e.g.,

liquid not dissolved in water).

“Full Accounting”

mneamms

a compilation of documentation

to establish, substantiate,

and

justify the

natt

re and extent of the corrective action costs

incurred

by

an owner or

operator.

J’und

means the

Underground

Storage

lank fund

4

iS

ILCS

5/57.21.

“015” means

Geographic

Information System.

“UPS”

meamms

Global

Positiotmimmg System.

‘‘Groundwater’’ means

underground

waler which

occurs within

the saturated zone

cintl

geologic materials

where the

fluid pressure

in

the pore space is equal to or greater than

atmospheric pressure

415

ILCS 5/3.210.

“Handling Charges” means administrative,

insurance, and

interest costs

and

a reasonable

profit for procurement,

ovemsight,

and payment of subcontructs

and

field purchases.

‘‘Heating oil’’

means petrolewn

that

is No.

1,

No.

2,

No.

4 -light,

No.

4 -heavy.

No,

S

—

light,

No.

5 -heavy

or No.

6

technical grades

qfltitel oil;

and

other

residual fuel

oils

including navy special fuel

oil and bunker c

415

!LCS

5/57.2.

‘‘Highway

authority’’ means the

Illinois Department

of Transportation

wit/i respect to

a

State highway;

the Illinois State

Toll

Highway

Authority with

respect to a toll

higimwav;

the county board with

respect to

a county highway

or a county unit district

road ITo

discretionary function

is involved and

the county superintendent of highways

if

a

ininisteria/functwn

is involved;

i/ic

highway commissioner

with

respect to a towns/zip or

district road not in a county or unit road district;

or the corporate

authorities

oJ’a

municipality

with

respect to a municipal

street

605

ILCS 5/2-2 13.

“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

fina/ order or determination

made against the owner or operator by any agency of State

government or any subdivision thereof

orfor the amount of’ tiny’ settlement

entered into

hr the

owner or operator, if the judgment,

order,

determination,

or settlement arises out

9

---

ELECTRONIC

FILING,

RECEIVED,

CLERKS OFFICE,

SEPTEMBER

14,

2005

of bodily

injury or proper/v damage suffered

as a

i-csult of a release a! pet roleum from

an

underground storage

tank owned or operated

b

the owner

or operator f4

IS

ILCS

5/57.2J.

“Indicator contaminants”

means the indicator contaminants

set forih

in Section

734.405

of this

Part.

“Institutional Control”

means a legal

mechanism for iniposing

a

restriction

on

land use as

described

in 35

IlL Adrn.

Code 742.Suhpart

I.

Jtistilicd

Untt

Raft

memsaJ,2jj~u)uUInjo~j~’4fl~jprSt

umazd

Pioduct

md Sci~

ftC

that

is

izmeatct

than

the

Es perIlled

Unit Rate., hut

less

than tlieNx

m

I.

I nit

Raie hut

tint

.

I.çgçpiqh

2LnyJ2mc~,pLsdnrThMUc.mcrll4eto the fact

that

thc.2rc~itcuii

service hasi

nsllo

nto

meet the

req

cements

lot

uticaiorLQMI’suant

to the

y~siorisj2lScction7.’4.SW.

“Land

Use Control

Memorandum of Agreement’’

mneans 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 pmotecting human

health

or

the

environment, or that

is used to

perfect

a

No

Further Remediation

Letter that

contains

land use restrictions.

“Licensed Professional Lngineer’

means

a person,

corporation orpartnership

licensed

under

thc- laws

of the State

of Illinots

Jo practice professwnal engineering

I~

I 5

ILCS

5/57.2.

‘Licensed Professional Geologist

‘‘

means a person

licensed under

the laws qf the State

of Illinois

to practice as a professional geologist

41 5

ILCS

5/57.21.

“Man-made Pathway”

means a constructed

route that

may allow for the

transport of

nmbile

petroleum

free—liqutd

or petroleum-based

vapors including hut not

limited to

sewers,

utility lines, utility

vaults,

building foundations, basements,

crawl spaces,

drainage ditches, or

previously excavated

and tilled areas.

‘Maximum

Unit Rate’

means maximutn

price per

unit of nicasume that the

Agency may

pay from the Fund pttrsuant

to the

pro\’isiotls of Section 734.860 br Standard

Products

and Services Ibted

in AppgndixE

T tis

tinit

rate

isgqnal tothe_averagg.çpst~j~ftlie

1qt_vri~L~ce

from the

IEPA’s database.

plus

two standard deviations,

“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.

10

---

ELECTRONIC

FILING, RECEIVED,

CLERK’S OFFICE,

SEPTEMBER

14,

2005

“you

-cottitntinilv

water supply

fleeans a

pul.’lec wa/cr supply

i/ia, L~

not

a

conimiaiitv

water supply

(415

ILCS

5/3.1451.

Non

Ext

ditud

Plans and

l3udu.

tsn,r

as

ins

md hudizets not uscIttst~çjgtliij,p~~

~p~dncdandior

B

td

L

mt

Ra tc~~w

so

mt

to

S

u~pjj

tHo

ri

::Nc!.p:.Lxn~

i

QMltmJ~l’m1tillzia”Lfxcclitedand/or

.ll~iJ1n

R

t.~

aur

nLtfL~1tthiiiifl±1

of this

Part.

‘‘Occurrence’’ means an

accident,

including continuous or repeated exposure

to

conditions,

that results in

a sudden

or nonsudden

rc’leascfroin an underground storage

tank

1415

ILCS 5/5T2.

“OSEM” means

the

Office of

time State

Fire Marshal.

‘‘Operator’’

means any

person

in

control

of, or

having responsibility for,

the daily

operation of

the

underground storage tank,, (Derived Irom

42

USC 6991)

BOARD NOTE:

_A

person

who voluntarily undertakes

action

to remove an underground

storage tank

system

from the

ground must not

he 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

hrougjit

into use after

that

(late, 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, hut

no

longer in use

on

that

date, any person who owned

such underground

storage

tank

immediately before

time

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, tmst, 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 must 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°Fand

14.7 pounds per square

inch

absolute).

(Derived from 42

USC 6991)

11

---

ELECTRONIC

FILING,

RECEIVED, CLERK’S OFFICE,

SEPTEMBER

14,

2005

‘tha’olworb’rt’aiciiicmmticant

nlcstoncsoK~prktQj~cc~jjtlg~gd_pui’suantto

this Part.

ihese arc the

Early Acjj~ifff~asc~j~eSjjgjnvestj,gatipn

Phase

mmd the

Coii~tke

Action

Phase.

‘‘Potable’’

means Aet?eraily

/it

for

h/i/flat? (oflsit/t?plion

It?

CUt’Ot’dU/?fl~

Wit/i

accepted

water supply principles

and practices

415

lU’S

5/3.340.

‘‘Practical quantitation

limit’’

(“PQL’)

means

the

lowest

concentration that can

he

‘eli ably

measured within specified

limits of precision

and accuracy

for

a

specific

laboratory

analytical method during

routine laboratory operating conditions in accordance with

“l’est 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

Metlmod Detection Limit or Fstiznaied

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

91/0 ID:

“Methods

for the

Determination

of Metals

in Environmental

Samples,

Supplement

1,’’ EPA Publication

No.

EPA/600/R—94/ Ill:

‘‘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,”

EP.A

Puhlieatton No.

EPAI600/R-92/129; or “Methods

for the

Determination

of Organic Compounds

in Drinking

Water, Supplement

Ill,”

EPA

Publication

No.

ETPA/600/R-95/l 31, all

of which

are

incorporated by reference at Section

734.120 of

tIns

Part.

“Property damage’’ means physical

itijut-v

to,

destruction

of

or

contamination

of’

tangible

property

owned by

a person other

than

an

ow~zer

or

operator

~/

the

U5’I’f’rom

which a release

0/

petroleietn has

occurred and

which tangible propcrt~’is located off the

site

where

the release occurred, Property

damage includes all resulting loss

of

use

of that

property;

or loss 0/use

of tangible property that is not physically

injured,

destroyed or

contaminated,

but has been evacuated,

withdrawn/rum

use, orrendered

inaccessible

because a/a

release o/’petroleumfroin

an

underground storage

tan/c

415

ILCS

5/57.21.

‘‘Public

water supply’’ means all tnciins, 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,

reservoiri,

storage tanks

and appurtenances,

collectively or severalh’,

actually

used or intendedfor use for the purpose u/furnishing

waterfor drinking or general domestic

use and

w/ach

serve at least 15

service

connectiorts or which regularly serve at least 25 persons

at least 60 days per year. A

public

water supply

Lv either a

“community water suppb,” or a

“non-community water

supply”

415

ILCS 5/3.365.

H

L

isonablu

Quanut\

Peg,jj~gj~i

O\

SIC/us

of 7~4SOS ft

I

time nun ht

1

Om

Mcti

of StaridardProclucts and Services

or products

or services approved on a site

specific basis pursuant to

the provistons

of 734.SOSj

that

arc considered_tobe

rcasonableinrelatiormio the

pcrformanq~,,Q~a

‘articplur’f ask.

12

---

ELECTRONIC

FILING, RECEIVED,

CLERK’S

OFFICE,

SEPTEMBER

14, 2005

‘‘Registration’’ means

registration

of

an underground

storage tank with the OSEM

in

accordance with

Section

4 of the Gasoline

Storage

Act

j430 ILCS

15/41.

‘‘Regulated recharge area

‘‘

means

a compact geographic

area,

a.c determined by

tile

Board,

35

Ill. Adm.

Code Subtitle

F

the geology

of

which

renders

a

potable

resource

groundwater particularly susceptible

to contamination

41 5

ILCS 5/3.390.

“Regulated Stibstance” means any substance

defined in Section

101(14) of the

Comprehensive

Environmental

Response. Compensation, and Liability Act of

1980

142

USC 9601(l4)1

(hut not

including any substance regulated as a hazardous

waste under

subtitle

C

of the Resource Conservation

and Recovery

Act 142

USC 6921

et seq.i), and

petroleum.

(Derived from 42

USC

6991)

‘‘Release’’ means

cmv spilling,

leaking,

emitting.

discharging,

escaping.

leaching. or

disposing

of’ pet rolewn from an

under,e round storage

tank

i/ITO

gn

mndwater,

surface

water or scihsur/hce soils

415

ILCS

5/57.21.

“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

5/2-2 l7~

‘‘Setback Zone’’

means

a

geographic area, designated pursuant

to

the Act

1415

ILCS

5/14,1, 5/14,2,

5/14.3

or

regulations

135

UI.

Adrn. 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 orparcel ofproperty including

contiguou.vproperty not separated

by’ a public

right-of

way

415

ILCS

5/57.2

~

referred to as

“Prodlt~_~ts_~

cts

and

Services”i

means

the standardized environmental

rcxluctsandserviees

that may

eneeessaryon a Task

~,pccificbasis

in order to eornpin~,iihthefl~)visio1)sof this Part,

Standard

Products

and

Services are listed in AppendixLA,pjtduct

or service

not

lj~tedjnApjendix

F

maybe

~p

yed

on a

s ite~peciflc

basis 2sjrswmt to the provisions

of 734.8O0~a)jji)

“Standardized ‘‘ask”

means

an

individual work

activity

that ma~,herequired to

be

completed

tn oidei

to coiitpl~wUhthc~si~fihisP4itStapdats/uiflshsj

12P12).If~...JP~

/\PPciJ~i

!2LL?..

~f

J.hL~J~nL..

~

13

---

ELECTRONIC

FILING,

RECEIVED,

CLERK’S OFFICE,

SEPTEMBER

14, 2005

‘‘State highway’’ means

state highway as defined

in the

Illinois

Highway Code

(605

ILCS

SI.

“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 inclttding

hut

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

tJS’J’

excavations.

‘‘Toll highway’’

means

toll

highway as defined

in the Toll

I

I ighway Act, 605

fiRS

1 0,

‘‘Iownship road’

means

township road as defined

iii

the

Illinois

Highway Code

1605

ILCS

5J.

Underground Storage

lank’’

or

‘‘USA’’’

means any one or coinhination

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

AU 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

tinit;

Pipeline facility (including gathering lines) regulated

tinder the Natural

Gas

Pipeline Safety Act of

1968 i49

USC App.

1671

et seq.,

or

the l’lazardous

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 he

connected

to a pipeline or to

be

operated or intended

to he 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

14

---

ELECTRONIC

FILING, RECEIVED,

CLERK’S

OFFICE,

SEPTEMBER

14, 2005

Storage tank situated

in an underground

area (such as a basement, cellar,

inineworking, drill,

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’’ .vhall also mean.

an underground

storage

tank’

used

exclusively to store

heating oil/or

consumpltt’e use on

the premises

~‘here stored

and

which serves other

than aftirm

or residential unit 4/5

11175 5/57.2.

Utut(s) of

Mc asuic

incul’, thcohj~jj~mctn(utdiR,dtocsnhhsh

thcbtsistoi

PLc tile

tpj,pduCt(V

\et\iCL

Na

~

tnLlude

huvtre

not

limited tog

on

hoot

“cubic

yard”,

etc.

‘‘liST

system”

or

‘‘tank system’’

means

an tmnderground storage tank, connected

underground

piping,

underground ancillary equipment,

and containment

system,

if any.

‘‘~Vel

Ihead

Protection

Area’’ means the wellhead

protect ion

area of

a conlinunity water

supply

well as determined under the Agency’s wellheacl protection program pursuant

to

42

USC

§

300h-7.

Section 734.120

lneorporations by Reference

a)

The Board

incorporates

the fbllowing

material

by reference:

ASTM,

American

Society

for Testing

and Materials.

IOU

I3arr Harbor Drive,

P.O.

Box

C700, West Conshohocken, PA

19428-2959

(610) 832-9585

AS’l’M

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 22th1

(703) 605-6000

or (800) 553-6847

“Methods for the Determination of Metals

in Environmental Samples,”

EPA Publication No. EPA/600/4-91/OlO

(June

~991);

“Methods for the Determination

of Metals in Environmental Samples,

Supplement

I,” EPA Publication

No. EPAJ600/R-94/1

11

(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 1!,” EPA Publication

No,

EPA/600/R-92/129 (August

1992):

15

---

ELECTRONIC

FILING, RECEIVED,

CLERK’S OFFICE,

SEPTEMBER

14,

2005

Methods

for the

t)eterini nation

of

Organic

Compounds in

Drinking

Water. Supplement

Ill.’’

EPA Publication

No.

EPA1600/R—95/

I 31

(August

1995);

“Test

Methods

for Evaluating Solid

Wastes, Physical/Chemical Methods,”

EPA

Publication

No.

SW-S’46. Third Edition (September

1986),

as

amended

by

Ltpdates

1, hA.

Ill, and lilA (Fina

I.Jpdate

I HA dated April

1998), Doe.

No.955-001-00000-I.

h)

This Section

incorporates no

later editions or amendments.

Section 734.125

Agency

Authority to

Initiate

Investigative,

Preventive, or Corrective

Action

a)

i’he Agency has the authoi’itv to do either oft/ic’ following:

1)

Provide notice

to the

owner or operator,

or both, ofan underground

storage

taii/c

whenever

there is

a re/ease

oi substantial threat

of a release

of

petroleum

Iron, such

tark.

Such notice shall

include the identified

investigation or response action

and an opportunity for the owner

or

operator,

or both,

to per/am?

the response action.

2)

Undertake

investigatti.’e, preventive or

corrective action

whenever there

is

a release or

ci substantial threat oja

release

of

pet roleu,n from

wi

underground storage

tank

1415

ILCS 5/57. 12(c)

I.

h)

U

notice

has heeti provided

under this Section,

tue Agency has the authority to

require the owner or operator. or both.

ojan

iinde’rground storage

tank to

undertake prevent’e

or corrective aciieti

whenever there is a

release or

substantial

threat of a re/ease of pet roleum 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,

must

be conducted or prepared under

the supervision of a Licensed Professional Engineer or Licensed

Professional Geologist.

Corrective Action Completion Reports

submitted pursuaiit to

Section

734.345

of this Part must he

prepared under the

supervision of a Licensed Professional Engineer.

Section 734.135

Form and Delivery of Plans,

Budgets, and Reports; Signatures and

Certifications

a)

All plans, budgets,

and reports

must he

submitted to

the Agency

on

forms

prescribed

and provided

by the Agency and,

ifspecified

by the Agency in

writing.

in an

electronic format.

16

---

ELECTRONIC

FILING, RECEIVED,

CLERK’S

OFFICE,

SEPTEMBER

14, 2005

b)

All plans. budgets, and reports

must he mailed

or delivered to the address

designated

by the Agency.

The Agency’s record

of

the date of receipt

must he

deemed conclusive unless a contrary

date

is proven

by

a dated,

signed receipt

from certified

or registered

ntail.

c)

Al

plans. budgets,

and reports nitist

he signed by the owner or

operator and

list

the owner’s or operator’s

full name, address, and telephone number.

d)

All

plans, budgets, and reports

submitted pursuant

to this

Part,

excluding

Corrective

Action Completion Reports

suhmkted pursuant

to

Section 734.345

of

this

Part, must 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

must contain

the

following

certification from

a Licensed Professional Engineer.

I cciii

ly

under penalty

of

law that

all

activities

that

are

the

subject of this

plati. budget, or

report were

conducted under

my

sttpervision

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 hut

not limited

to fines,

imprisonrneiit,

or both as

provided

in Sections

44 and 57.17 of the Environmental Protection Act

415

ILCS 5/44 and 57.17.

e)

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 must identify the

land use

limitations

proposed for the site,

ifland use limitations

are proposed; the site’s

common address, legal

description, arid

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 must 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

17

---

ELECTRONIC

FILING, RECEIVED,

CLERK’S OFFICE,

SEPTEMBER

14, 2005

Reniediation

Letter containing

the terms

and conditions identified

in

the

report

upon

the property

I

own.

Section

734.140

Development oI Remediation

Objectives

The owner or

operator must

propose

remediation objectives

for the applicable

indicator

contaminants

in accordance with 35

III.

Adm.

Code 742.

BOARD

NOTE:

Several

provisions

of this

I’art

require the

owner or operator

to determine

whether contamination exceeds

the

most stringent

Tier

I

remediation objectives

of

35

III.

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

III.

Adin. Code

742.

a)

The

owner or operator may develop rernediation

objectives

at

ally time during site

investigation or

conective

action.

Prior to

developing Tier

2

or

Tier 3

rernediation

objectives

the owner or operator must

propose the development of

reinediation

objectives

in the appropriate site

investigation

plan or corrective

action plan.

Docurrientat

on of

the development of reined at ion

objectives

must

he included as a part of

the appropriate plan or report.

h)

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 appropriale htidget.

The

costs

should

he consistent

with the

eligible and

ineligible

costs listed at Sections 734.625

and

734.630 of this Part

and

the ~

c4pon4heAge~’#e~t~pH4ll*~HckdthedeMeH4

Fen4ethaFf*n-eh~een~:~-4w14er-fwopen+4e+H+taMpreeeere-4eve4ep

de)

If. following the approval of any plan or associated budget

Ihat includes the

development of remediation

objectives, an owner or operator determines that a

revised plan or budget

is necessary, the owner

or operator must submit, as

applicable,

an aniended plan or associated budget to the Agency for review.

The

Agency

must review

and

approve,

reject,

or require

modification of the amended

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

ed)

Notwithstanding any requirement under this Part for the submission of a plan or

budget that includes

the development of remediatiou 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 tnust

he 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.

18

---

ELECTRONIC

FILING, RECEIVED,

CLERK’S

OFFICE,

SEPTEMBER

14,

2005

BOARD

NOTE:

Owners

or

operators proceeding under subsection

(ed) of this Section

are

advised that they may not

he

entitled

to full payment.

Furthermore, applications for payment

intisi 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

must

include information prescribed hy

the

Agency, and may include,

hut

is

not

he linnted to, a description of

the

field activities

to be

conducted, the person

conducting the

activities,

and the date, tinie, anti place

the activities will

he conducted.

The Agency may.

hut

is not reqtured to,

allow notification by telephone.

facsimile,

or electronic mail.

This Section

does

not apply

to activities conducted within

45

days

plus

14

clays

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 preseilce of free product.

Section

734.150

LUST Advisory Comininee

Once each calendar quarter

tIle Agency must meet with a LUST Advisory Committee to discuss

the Agency’s

implementation

of this Part, provided that the

Agency

or memhers of the

Committee raise one or more issues

for discussion.

The LUST Advisory Committee must

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 (Toosulting 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 rnemher designated

by the Professionals

of

Illinois for the Protection of the Environment, one member designated

by the illinois

Association

of Environmental

I.ahoratories, one member designated

by

the Illinois Environmental

Regulatory Group, one niemher designated

by

the

Office of the State

Fire

Marshal, ~thd-one

member designated by

the Illinois Department of Transportation. and two

members designated

by the Govgrnojjc_re

esen

he

nterest of owners/operators that own a single UST site.

Members of the LUST Advisory Committee

must 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 ofpetroleum,

comply with all applicable statutory

and regulatory

reporting

and response requirements

~4i5

ILCS 5/57.6(a),

No work plan or corresponding budget must

he required

for conducting early action activities,

excluding free product

removal activities

conducted

more than 45 days after confirmation of the presence of free pwduct.

Section 734.205

Agency Authority to Initiate

19

---

ELECTRONIC

FILING,

RECEIVED, CLERKS

OFFICE,

SEPTEMBER

14, 2005

Porstiant

to Sections

734.100 or 734.125

of Ibis

Pail,

lie Agency

must

have

the.

authority

to

require or initiate early action activities

in accordance

with

the remainder of this Subpart

B.

Sect

ion

734.210

Early Action

a)

Upon confirmation

of a

release of petrolettm

from

an

UST system in

accordance

with

regulations promulgated

by

the

OSEM, the owner or

operator. or both.

mtist

perform the following

initial

response actions within 24

hottrs

after

the

release:

I)

Report the release

to IEMA (e.g.,

by telephone or electronic mail);

2)

‘lake immediate action

to prevent

atiy

turther release of the regulated

substance to tile environment;

and

3)

Identify and

mitigate

fire, explosion and

vapor hazards.

N)

Within

20

days after initial notification

to

IhiMA of a

release plus

14

day’s,

the

owner or operator

must

perform

the

following initial abatenicnt measures:

1)

Remove

as much of the

petroleuni

from the

UST

system as is

necessary to

prevent further release into the

environment;

2)

Visually inspect

any ahoveground

releases

or exposed below

ground

releases

and

prevent further migration

of the

released substance into

surrounding

soils and groundwater;

3)

Continue to monitor and mitigate any additional

fire and safety hazards

posed

by vapors or

free product that have migrated from the UST

excavation zone and entered

into subsurface

structures (such as

sewers or

basements);

4)

Remedy hazards posed

by contaminated soils

that are excavated

or

exposed as

a result of release confirmation,

site

investigation,

abatement

or corrective action activities.

11 these remedies

include treatment

or

disposal

of soils, the owner or operator

must comply

with 35

III.

Adm.

Code

722, 724,

725, and 807

through 815;

5)

Measure for the presence of a release

where contamination

is most likely

to be present at the UST site,

unless

the presence and source of the release

have

been confirmed

in accordance with regulations

promulgated by the

OSFM.

In selecting sample types. sample

locations,

and measurement

methods, the owner or operator must consider the nattire 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

20

---

ELECTRONIC

FILING, RECEIVED,

CLERKS

OFFICE,

SEPTEMBER

14,

2005

6)

Investigate to determine

the possible preselK’e of free

prodtct.

and begin

removal

of

tree prodttct

as soon as practicable and

in accordance

with

Section

734.215 of this

Part.

c)

Within

20 days

after initial

notification to IEMA of a release plus

14 days, the

owner or operator

must submit

a report to the Agency summarizing

the

initial

abatement

steps

taken under subsection (b) of this Section

and any

resulting

information

or dat a.

d)

Within 45

days

after initial notification

to IEMA

of a release pIus

4

days.

the

owner or

operator must 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 must

include, but is

not

limited to.

the following:

I)

Data on

the nature and estimated

quantity of release;

2)

Data from

available sources

or site investiizations concernina the

following

factors: surrounding

populations,

water quality.

use and

approximate locations of wells potentially affected

by the release,

subsurface soil

conditions,

locations of subsurface sewers, climatological

conditions

and land use:

3)

Results of the site

check required

at subsection

(hX5) of this

Section; and

4)

Results of the free

product investigations

required at subsection

(h)(6)

of

this Section,

to be used

by owners or

operators to determine whether free

product

must he recovered

under Section

734,215

of this

Part.

e)

Within 45

days after initial notification to IEMA of

a

release plus

14 days, the

owner or operator must 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.

t’)

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

inplace,

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 he

removed

in

an amount

in excess

of4fèer

from the outside dimensions

of the

rank

415

ILCS

5/57.6(h)1.

Early action

may also include disposal

in accordance

with

applicable

regulations

or ex~situtreatment of eontamiunated fill

material

removed

from within 4 feet

from

the outside dimensions of the tank.

21

---

ELECTRONIC

FILING,

RECEIVED, CLERK’S

OFFICE,

SEPTEMBER

14,

2005

g)

For purposes of payment frotn

the Fund,

the activities

set forth in

stibsectiori

(1) of

this Section

must be perk rmed within

45

days alter initial notification to IEMA

of a

release plus

4

days, unless special

circumstances, approved by the Agency

in writing,

warrant

conti wing

such

act ivities

beyond

45

days plus

14

clays.

The

owner or operator must 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

must he eligible if the Agency

detertnines

that

they are

consistent

with early action.

BOARD

NOTE: Owners or operators seeking payment from the Fund

arc to

first

notify IENIA of a suspected release

and then confirm the release

within

14

days

to

IEMA pursuant

to

regulations

promulgated

by

the OSFM.

See

41

III.

Adm. Code

170.560

and

170.580.

The

Board

is

setting the beginning

of the

payment

period

at

subsection (ci) to correspond to the

noti lication

and confinnation

to IEMA.

h)

The

owner or operator

must deterntine whether

the areas or locations

of soil

contamination exposed

as~’aresult

of early action

excavation (e.g., excavation

boundaries,

piping runs) or

surrounding

USTs that remain in place meet

the

most

stringent

lier

I

reinediation

objectives of

35

Ill.

Adm. Code 742 for the

applicable

indicator contaminants.

I)

At

a

minimum,

for each

UST

that

is removed, the

owner

or

operator must

collect and analyze

soil samples as

follows.

The

Agency

must allow an

alternate location for,

or excuse the collection of, one or

more samples

if

sample collection

in the

following

lccations

is

made impracticable by

site—

specific circumstances.

A)

One sample must he collected

from each UST excavation

wall.

The saniples

must he 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 must

he 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 must

he collected for each 20

feet of wall length,

or fraction thereof, and

the samples

must be evenly spaced along the

length of the wall.

B)

Two samples

must be

collected from the excavation floor below

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

One sample

must be collected from the excavation floor below each UST with

a volume of less than

1,000 gallons.

The

samples

must be

collected from

locations representative of

soil

that is the most

contaminated

as

a result

of the

release.

If areas of contamination

cannot he identified, the samples

must be collected

from

below

each end of the

US

ii

its volume

is

1,000 gallons or more,

and

72

---

ELECTRONIC

FILING, RECEIVED,

CLERK’S

OFFICE,

SEPTEMBER

14, 2005

from

heh w

the

ecu

er of the UST

if

ts

volume

is

less

titan

I

OUt)

gallons.

C)

One sample must

be

collected front the

floor of each

20 feet of

UST piping run excavation, or fraction thereof.

The

samples must

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 he

identified

within a length of piping run excavation

being

sampled, the sample must

he collected from the center of the

length being sampled.

For IJST piping abandoned

in place,

the

samples

must be collected

in accordance with

subsection (h)(2)(B)

of this Section.

D)

If backfill

is returned to the excavation, one representative sample

of the backfill must

he collected

for each

100 cubic yards

of

backfill

returned

to the excavation.

E)

The samples mtist

he analyzed

for the applicable

indicator

contaminants.

In

the

ease of a used

oil

UST, the sample that

appears

to he the most contaminated as

a result

of a release from

the used

oil

115’

must 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)( I )(A) and (B) of this Section

must

then he

analyzed for the

applicable used

oil

indicator contaminants.

2)

At

a minimum, for each

UST that remains

in place,

the owner or operator

must collect and analyze soil samples

as follows.

l’he

Agency must

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.

A)

One boring must

he drilled at the center poitit along each side

of

each

liST,

or along each side of each

cluster of multiple USTs,

remaining in place,

If a side exceeds

20

feel in

length,

one boring

must be drilled for each

20

feet

of side length,

or fraction thereof,

and the borings

must be evenly spaced

along the

side.

The borings

must

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 must 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, hut

no more

than 30

feet below grade.

23

---

ELECTRONIC

FILING, RECEIVED,

CLERK’S OFFICE,

SEPTEMBER

14, 2005

B)

Two borings, one on

each

side of

the piping.

must

he drilled

for

every 20 feet of UST piping, or fraction thereof,

that

remains in

place.

The borings must he drilled as

close practicable to,

hut

not

more than five feet from,

the

locations of suspected piping

releases.

If no

release is suspected within a length

of liST piping

being sampled,

the borings

must

be driled

in the center of the

length being sampled.

Each boring must he drilled

to a depth of

15

feet

below

grade,

or until

groundwater or hedroek

is encountered,

whichever

is

less.

Borings maybe drilled

helow the groundwater

table

if site

specific conditions

warrant. hut

no more than

15

feet

below grade.

For US.

piping

that

is removed, samples must

he

collected from

the

floor

of the piping

run

in accordance with

suhsection (h)( I )(C) of this Section.

C)

If auger refusal

occurs during the drilling of a boring

required

under suhsect ion

(Ii )( 2)(A) or (B) of this Section. the

horing must

he dril led

in an

alternate

location that

will

allow the bering to he

drilled

to

the required depth.

The

alternate

location must not

he

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

must cease and the soil

samples collected

from the

location in which

the horing was drilled to the greatest

depth must he analyzed for the

applicahle indicator contaminants.

D)

One soil

sample must

be collected

from each five~footinterval of

each

boring reqttired

under stibseetions (h)(2)(A) through

(C) of

this

Section.

Each sample must 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

must be collected

from the

center of

the five-foot

interval, provided, however, that

soil samples must

not be collected from

soil

helow the

groundwater table.

All

samples must he analyzed for the

applicable indicator contaminants.

3)

If the most

stringent Tier

I

remediation objectives of

35

III.

Adm.

Code

742 for the applicable

indicator contaminants have been met,

and ifnone

of the criteria

set forth in subsections (h)(4)(A) through

(C) of this Section

are met,

within

30

days

after

the completion of early action activities

the

owner

on

operator must submit a report

demonstrating compliance with

those remediation objectives.

The

report must include,

but not be limited

to. the following:

A)

A characterization

of the site that demonstrates compliance with

the

most stringent Tier

I

remediation

ohjectives of 35

III. Adm.

Code 742 for the applicable indicator contaminants:

24

---

ELECTRONIC

FILING,

RECEIVED, CLERKS

OFFICE,

SEPTEMBER

14,

2005

B)

Support ing docuinentat ion,

ineltiding. hut

not

lint ited

to.

the

following:

i)

A

site map meeting the

requirements of Section

734.440 of

this Part that shows

the locations of all sanìples collected

pursuant

to this subsection

(h);

ii)

Analytical

results, chain

of custody forms,

and laboratory

certifications for all

sample.s

collected pursuant to this

subsect ion (h); and

iii)

A

(able comparing the

analytical results of

all samples

collected

pursuant

to this subsection

(h) to the

most

stringent

l’ier

I

reincdiation

ohjective.s of 35

III.

AWn.

Code

742

for the applicable

indicator contaminants:

and

C.

A site nap

containing only

the

ml orniat ion

required under Section

734.440 of this Part.

4)

If the

most stringent Tier

I

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

owne.r or operator must

continue

in accordance with

Subpart

C

of this Part:

A)

There

is

evidence that groundwater

wells have been

imnpacted hy

the release above the

most stringent

Tier

I

remediation ohjectivcs

of

35

Ill.

Adm.

Code

742

for

the applicable

indicator contaminants

(e.g..

as found during

release confirmation

or previous

corrective

action

measures):

B)

Free product that may impact groundwater is found to need

recovery in

compliance with Section 734.2 IS

of this Pan;

or

C)

There is evidence that contaminated

soils may

be or may have

been in contact

with groundwater, unless:

i)

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

25

---

ELECTRONIC

FILING, RECEIVED, CLERK’S

OFFICE,

SEPTEMBER

14.

2005

a)

Under any circumstance

in which

condittons at

a site

indicate the presence

of free

product. owners or

operators

must remove, to the maximum extent practicable,

free product exceeding

one—eighth of

an inch in depOt as

measured

in a

groundwater monitoring

well. or

presetit 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 requ irenients of this

Sect ion. owners or

operators

must:

I)

Cnndtici

free product removal

in

a

manlier that

minimizes the spread of

contamination

into previously uncontaminated

zones

hy using

recovery

and disposal

techniques

appropriate to the hydrogeologie conditions at the

site

and that

properly treats,

discharges or disposes of recovery byproducts

in compliance

with

applicable local, State, and

federal

regulations~

2)

L’seabanetiient of

free pmoduct migration as

a

minimtttn

objective for

the

design of the free product

removal

system:

3)

I landle

any flammable

products

in

a safe and competent

manner to

prevent

fires or explosions;

4)

Within 45

clays after the confirmation of presence of free product from a

tSl.

prepare and submit to the Agency

a free product removal

report.

fhe

report

must, at

a nuuinnum,

provide the following:

A)

The name of

the persons responsible

for implementing

the

free

product

removal measures;

B)

The

estimated quantity,

type and

thtckness

of

free product

observed or measured

in wells, horeholes.

and excavations:

C)

The type of free product recovery system

used;

D)

Whether any discharge

will

take place

ott-site or off-site during

the

recovery operation and where this discharge

will be

located:

E)

The type of treatment

applied

to, and the effluent quality expected

from, any discharge;

F)

The steps

that have been or are being taken to obtain

necessary

permits

for

any discharge;

Ci)

The disposition of

the recovered

free product;

H)

The

steps taken to identity the source and extent

of the

fmee

product:

and

26

---

ELECTRONIC

FILING,

RECEIVED,

CLERK’S

OFFICE,

SEPTEMBER

14, 2005

I)

A schedtile of ftrture 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 schedtjle

must include,

hut riot

he limited

to.

the

submission

of plans and budgets

required pursuant

to subsections

Cc) and (d) of this Section;

and

5)

If free product removal activities

are conducted

niore

than 45

clays after

confirmation of the presence

of free product,

submit

free product

removal

reports

quarterly or

in accordance with

a schedule

established

by the

Agency.

h)

For purposes

of

payr

ent

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.

c)

If free product

renioval

activities

will be conducted

more than 45

clays after the

confirmation of the presence of free

product.

the owner or operator must

submit to

the Agency

for review

a free

product removal

plan.

The plan

must he

submitted

with the free

product removal report required under subsection (a)(4) of this

Section.

Free product

removal activities conducted

note than

45 days

after the

confirmation of the

presence of free product must not he considered

early action

activities.

d)

Any

owner or operator

intending to seek payment

front the Fund

must, prior to

conducting

free product removal

activities more

than 45 days after the

conlirmnation of

the

presence of free product,

submit

to the Agency a free product

removal budget with the conesponding

free product removal plan.

The budget

must include, but

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

amnounts set

forth in Subpart

H of this Part: ~ghI~pçcjy

whether_it

is

an Expedited or Non-Expedited

Budget.

As part of the budget

the

Agency niay

require a comparison

between the costs of the proposed method

of

free product removal

and other methods

of free product removal.

e)

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

or

as otherwise

directed by the Agency, the owner or operator must 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

27

---

ELECTRONIC

FILING, RECEIVED,

CLERKS

OFFICE,

SEPTEMBER

14,

2005

~i

Win ittal or

approval

ol

an otherwise

redlt! i red

tree prodttet removal

plan or

budget.

However,

any such plait

and budget must he submitted

to the

Agency for

review

and approval, rejecticn, or modification

in

accordance with

the procedures

contained

in

Subpart

F

of this Part prior

to payment

for

any related costs or

t

he

issuance of

a No Further

Remediation

Letter.

BOARD

NOEL:

Owners

or operators proceeding under subsection

(I’) of this

Section are advised

that they may not

he

entitled to frill

payment

from the Fund.

Furthermore,

applications

for payment

must he

submitted no later than one year

after

the date the

Agency issues

a

No Further Remediation

Letter.

See Subpart

F

ol

this Part.

g)

If,

following approval

of any’ free product

removal plan

or associated

budget.

an

owner or operator deteminines

that

a

revised plan

or budget is

necessary

in order to

complete

free product

removal,

the owner or

operator must submit, as applicable.

an amended

free product removal

plan or associated

budget to the Agency

for

review.

The Agency

nittst

review

and

approve,

reject, or require

modification

of

the

a mcii dcci plan

om budget

in accorcl a nce

with

Subpart F 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 must

riot

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

riot required to

submit

a corresponding

budget.

The application

for payment may

he

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

I’ree product.

Applications

for payment of free

product

removal

activities conducted

more than 45

days after

cotifirmnation

of the presence of

free product

may be submitted upon completion of the

free product remnoval activities.

SUBPAR’I

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

III.

Adm.

Code 742 for

the applicable

indicator contaminants

have been met,

the owner or operator must 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

25

---

ELECTRONIC

FILING,

RECEIVED, CLERKS

OFFICE,

SEPTEMBER

14, 2005

Pursuant

to Sections

734.100 or 734.125

of this

Part.

the Agency

mnttst have the authority

to

require

or initiate site investigation and corrective

action activities

iii

accordance with the

remainder of this

Subpart

C.

Section

734.3 10

Site

Investigation

—

Genera

The

investigation of the release must 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

reniediation 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

must

cease investigation and proceed with

the submission ofa

site

investigation completion report

in

accordance with Section 734.330

of this Part.

a)

Prior

to

conducting site investigation activities

purstiant

to Section

734.315,

734.320.

or 734.325

of this

Part, the owner or operator must submit

to the Agency

for review

a site investigation plan.

The

plan niust he

designed to satisfy

the

niinimnum requirements

set forth in the applicable

section

and to collect

the

information

reqttired to he reported

in

the site

investigation plan

for the

next

stage

of the site

investigation, or

in the site investigation completion report, whichever

is applicable.

b)

Any owner or

operator intending to seek

payment from the Etind

must, prior to

conducting

any site investigation

activities, submit to the Agency

a site

investigation budget with the corresponding

site investigation plan.

The

budget

must

includerb

fier—b&1mite44e~a

copy of the eligibility and deductibility

determination of the OSEM 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

must he

included

in the

corrective action budget.

Site investigation

budgets should

he

consistent

with the eligible

and ineligible costs

listed at Sections

734.625

and

734.630 of this

Part and the~*hp~yI~et±Eaffiee~-fefth-i+t”Subpfwt4h4

th4~

Part.

shall ~

A budget

for a Stage

I

site investigation must consist

of a certification signed

by the owner or operator.

and by

a Licensed

Professional Engineer

or Licensed

Professional Geologist,

fhM

~mew~~44enfe4h-m

Skthptu4—H-ef.+h4&-Pai4indieatins~whether the

~,

4get

is an Expedjted

or Non-

~itedBudeL

e)

Upon the Agency’s approval of a site in”estigation plan,

or as otherwise directed

fri

the Agency. the owner or

operator

shall conduct

a site

investigation

in

accordance with the

plan

415

ILCS 5/57.7(a)(4).

d)

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

29

---

ELECTRONIC FILING,

RECEIVED, CLERKS OFFICE,

SEPTEMBER

14, 2005

(lelertutile,

within the area addressed

in

the

applicable

stage of the

investigation.

the

nature,

concentration, direction of

movement,

rate of

movement,

and extent

of

the contamtnatton,

or the

significant physical

feattires of

the

site and suiTounding

area that

may affect cootamrtinaot transport and risk

to humnati health

and

safety

and the environment,

the

owner or operator

must submit, as applicable, an

aniended site investigation plan or

associated budget to the Agency

for review.

The

Agency must review and approve,

reject, or require modification of the

amended

plan or

htidget

in accordance with

Subpart F of this

Part,

W3A-R-PNUT.i4-Owner~-afid-apen4or;are ad’J’;ed

thaHhee~a—p~wri~e~—fEem

fhe—1-f144-4-ei~-all—site-mvert-i-gLtt

I

n—’urs-iH4—w4s~e-i-a1-e*l—budgets-submitted

by’

an

uY*3ef5ft9~*fftef4FfHet-?~eee4#e-*4rnfnl14+~-sef-kM’14+±341-thpart

H

*4-tb is

P~*rr~

e)

Notwmthstaridina

any requirernct

it

under

iii

is Part

for the

submiss ion

of a site

investigation

plan or budget,

an owner or

operatom may proceed

to conduct site

investigation

activities

in accordance

with

this Suhpart

C prior

to the submittal

or

approval

of

an

otherwise

required site

investigation

plan or budget.

However, any

such plan or

budget

titust

be submitted to the Agency

for review

arid approval,

rejection.

or

modifteat ion

in accordance wit ii the procedures contained

in

Subpart

E of this Part prior to receiving payment

for

any related costs-*-w4e--ksuance-ef-a

NFtftheE44erI,e*btHen4-etteF~.

BOARD

NOTE:

Owners or operators

proceeding

under subsection

(e) of this

Section

are advised

that they may

not

he entitled

to full payment.

Furthermore,

applications

for payment

must

he submitted

no later than one

year after

the date

the Agency

issuiesa

No Further Reoiediation

Letter.

See Subpart

F of this

Part.

Section

734.3 15

Stage

1

Site Investigation

The Stage

I

site

investigation

mnust

he

designed to

gather initial information regarding

the

extent

of

(‘ri—site soil and groundwater contanunation that,

as a

result of the release, exceeds the most

stringent

Tier

I

remediation objectives of

35

Iii.

Adm. Code 742

for

the

applicable

indicator

contaminants.

a)

The Stage

I

site investigation mtist consist

of the

following:

1)

Soil

investigation.

A)

Up to four borings

must he 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

must he drilled

as close as practicable

to each UST

field

if a

groundwater investigation

is not

required tinder subsection (a)(2)

of this Section.

The borings

must

he advanced through

the entire

30

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ELECTRONIC

FILING, RECEIVED,

CLERK’S OFFICE,

SEPTEMBER

14, 2005

vertical

extent of

contain ination, based upon

field

observations

and

field screening

for organic

vapors, provided that

borings

nntst

be

drilled below

the groundwater table otily

if site— specific

cotiditions

warrant.

B)

Up

to two borings must he drilled

around each

liST pipitig nan

where one or

mnome piping

run samples

collected pursuant

to

734.210(h)

exceed the

most stringent

‘I’ier

1

remediation ohjectives

of

35

Ill.

Adm. Code 742 thr the

applicable indicator contaminants.

One additional horing must he drilled

a

close as practicable to each

USE piping run if a groundwater investigation

is

not required

under subsection

(a)(2) of this Section.

The borings

must

he

advanced through

the entire vertical

extent

of contamination,

based

upon

field observations and field screening

for organic

vapors,

provided

that

borings

must he drilled

below

the groundwater table

only if

site—specific conditions warrant.

CT)

One soil sample must be collected from

each

five—foot interval

of

each boring

drilled

pursuant to subsections (a)(

I )(A) and (B) of

this Section.

Each sample must

he collected

from the

location

within the five-foot

interval that

is the most eontanunated

as a

result

of the release.

If an

area of contamination cannot he

identi lied within a five—foot

interval,

the sample

must be

collected

from the center of the five-foot

interval.

All samples

must he

analyzed

for the

applicable

indicator contaminants.

2)

Groundwater investigation.

A)

A groundwater

investigation is required under the following

cireninstances:

i)

There

is evidence that groundwater

wells have heen

impacted by

the

release above the most

stringent

Tier

I

rernediation objectives

of

35

III.

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

3!

---

ELECTRONIC

FILING,

RECEIVED, CLERKS

OFFICE,

SEPTEMBER

14, 2005

operator

does

not

have

to complete

a grottndwater

investigation.

tinlcss tile Agency’s

review

reveals that

further groundwater investigation is

necessary.

13)

If a groundwater investigation

is

reqtiired, the owner

or operator

must install

five groundwater nlonitoring

wells.

One monitoring

well

must be

installed

in the

location where

groundwater

contanlination

is

most

likely to he present.

The four remaining

wells

must he

installed

at

tile property boundary

I ille or

200 feet

from

We

LIST system, whichever

is less,

ill

opposite directions

from

each other.

The wells

must he installed

in

locations

where

they are

most

likely’ to detec.t groundwater contamination

resulting

fi’om the release and

provide information regarding the

groundwater gradient

and

ciirection

of

Ii ow,

CT)

One soil

sample must

he collected

from

each five-foot

interval

of

each

moilitorillg

well

installation boring

drilled pursuant to

subsection (a)(2)(B) of this Section.

Each sample must

he

collected

from the

location within the

live—foot interval

that

is

tile

most contaminated as a result of the release.

If an area of

coiltamination

cannot he

identified

within

a

five— foot

interval,

the

sample

must he collected

from the center of the

five—foot interval.

All

soil

samples exhibiting signs of coiltamination must

he

analyzed

for the

app

icable indicator contaminants.

For

non

it on l~

wel

instal

at

on

borings

that

do riot exhibit any

signs of

soil contanl

i nat ion, samples

fT’onl

tile

following intervals

mtist he

analyzed for the

applicable

indicator contaminants, provided that

the samples

must not

he

analyzed

if other

soil

sampling conducted

to date

indicates that

soil

contamination

does

rIot extend to the

beat ion

of’ the monitoring

well installation

boring:

i)

The

five-foot intervals intersecting the elevations

of soil

samples collected pursuant to Section 734.2 10(h),

excluding backfill samples, that

exceed the most stringent

Tier

I

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 (aX2)(C)(i)

of this Section;

and

iii)

The five-foot

interval

immediately

below each five-foot

interval

identified

in stihsect ion

(

afl2)(C)(i

)

of this Sect

on.

32

---

ELECTRONIC

FILING, RECEIVED,

CLERK’S

OFFICE,

SEPTEMBER

14, 2005

I))

Following

the

installation of the

eroundwater monitoring

wells,

groundwater samples must he collected

front each

well

and

analyzed for the

applicable

indicator contaminants.

E)

As

a part

(If

tile

groundwater investigation an

in-situ

hydraulic

conductivity

test must be perfortned

ill

the

first hilly

saturated

layerbelow

the

water table.

If multiple water hearing wilts

are

encountered,

an in-situ hydraulic conductivity

test

must

he

perl’ormed

on

each

such

unit.

i)

Wells used for hydraulic conductivity

testing imtst

he

constructed

in a manner that ensures the most accurate

results.

ii)

The sei’een

nIust

he contained within the saturated

zone.

3)

An

initial

water supply well

stmrvey

in accordance

with

Section

734.445(a)

of this

Part.

N)

The Stage

I

site investigation plan must

consist

of a certification

signed

by

the

owner or

operator, and by

a Licensed

Professional

Engineer

or Licensed

Professional

Geologist, that

the Stage

I

site

investigation will

he conducted

in

accordance with

this Section.

c)

If none of the samples collected

as part of the Stage

1

site investigation exceed

the

most

stringent

Tier

I

remcdiation objectives

of

35

Ill.

Adm.

Code

742

for the

applicable indicator contaminants,

the owner or

operator must cease site

investigation and proceed with

the submission of

a site investigation

eompletiotl

report

in accordance

with Section

734,330 of this Part.

If one or

more of the

samples

collected

as part of the Stage

I

site investigation

exceed the most

stringent

Tier

1 remediation objectives

of 35

III. Adm. Code

742 for

the

applicable

indicator contaminants,

within 3U60 days

after completing the Stage

I

site investigation the owner or operator must 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 must 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

I

remediation objectives of

35

Ill. Mm.

Code 742 for the applicable indicator

contaminants.

The investigation of any off-site contamination must

be conducted

as

part

of

the

Stage

3

site

investigation.

a)

The Stage

2 site investigation

must consist of the following:

33

---

ELECTRONIC

FILING, RECEIVED,

CLERKS OFFICE,

SEPTEMBER

14,

2005

The

additional

drilling ol

soil

borings

and collection

of

soil

samples

necessary

to identify

the extent of soil contamination

at the site that

exceeds

the

most stringent

Tier

I

remediation objectives of 35

III.

Adm.

Code

742 for the applicable

ilIdicator contttnhinani s.

Soil

samples

intist

he

collected

iii appropriate locations

and at appropriate depths,

based upon

the restilts of the soil

sampling and other investigation activities conducted

to

date, provided,

however,

that soil samples

must

not he

collected

below

the

groundwater table.

All samples

must he analyzed for tile

applicable

mdicat or cont anti

ii

ants;

and

2)

The additional

installation of groundwater monitoring

wells

and collection

of grottndwater

samples

necessary

to identify

the extent of groundwater

coimtamination at

the site that

exceeds the most

stringent

Tier

I

remediation objectives

of

35

Ill.

Adni.

Code 742

for the applicable

indicator contaminants.

It

soil

samples

arc collected

from

a monitoring

well boring, the

samples

must

he collected

in appropriate locations

and

at

appropriate depths. based

upon

the

restilts of the soil

sampling and other

jives tigation

activities conducted

to date, provided, however, t1u4—soi

I

samples most

riot

he collected below

the

groundwater table ..All

samples

niust he analyzed

for the applicable

indicator contatninants.

h)

The Stage

2

site investigation

plan must

incltider

ne4—he—hmi.te4—4e~the

following:

1)

An

executive summary of Stage

I

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

tIme

site that

exceeds the most stringent

Tier

I

remediation objectives

of 35

III.

Adm. Code

742

for the applicable

indicator contaminants;

2)

A characterization of the site and surrounding area~

including,

bitt no~

#m4ted-+e~the following:

A)

The cun’ent and anticipated

post-remediation

uses of the site and

surrounding

properties; and

B)

The physical

setting of the site

and surrounding

area including~ut

tist-hi4ed-1s

features

relevant

to environmental,

geographic,

geologic, hydm’ologic,

hydrogeologie,

and topographic conditions;

3)

The results

of the

Stage

I

site

investigation,

including

bitt

not

limited

to

the following:

A)

One

fW+14E*Fe—site

n~apsmeeting the requirements

of Section

734.440 that

show

the

locations of all

borings

and

groundwater

34

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ELECTRONIC

FILING, RECEIVED,

CLERK’S

OFFICE,

SEPTEMBER

14,

2005

llollitormg

wells

completed to (late. and

time grotmridxvater flow

direction;

B)

One

e~me+e—site

mnap4+ meeting the

requirements of Section

734.440

that

show

time locations

of all

_samples collected

to date

and analyzed for

the applicable

indicator eontanlitlants:

C)

One eee~ete-sitemaps 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

I

remediation objectives

of 35

III.

Adm. Code

742

for the applicable

indiem or coat am

iii

ants;

D)

One tw~njelze~cross~secuions

of the

site that

show

tile geology of the

site

and

tile

horizontal

and

vertical extetlt

of soil

and

grottndwater

contamnitlation

at

the

site that

exceeds the most

stringent

Tier

1

renlcdiation objectives of 35

Ill.

Adm. Code

742

for

the applicable

intl icator contaminants;

F)

Analytical

results, chain of cm.mstody forms,

and

laboratory

certifications

for all samples

analyzed for the applicable

indicator

contaminants

as part of the Stage

I

site investigation:

F)

One-~rmore tahIe~comparing

the analytical results of the samples

collected to date to the most stringent

Tier

I

remediation objectives

of

35

Ill.

Adm. Code 742

for the

applicable

indicator coritaminailts:

(1)

Water supply well survey documllentation 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

H)

For soil

borings

and groundwater

monitoring wells installed

as pan

of the Stage

I

site investigation, soil boring logs and monitoring

well

construction

diagrams meeting

the requirements

of Sections

734.425

and 734.430 of this Part; and

4)

A Stage 2 sampling plan

that ineludes~u

fwhl1ei4e4-f0

the following:

A)

A narrative justifying the activities proposed

as part of the

Stage

2

site investigation;

B)

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

I renlediation

35

---

ELECTRONIC

FILING,

RECEIVED,

CLERK’S OFFICE,

SEPTEMBER

14. 2005

objectmves

of

35

Ill.

Adam. Code

742

for the applicable

indicator

contamn inants:

and

C)

The depth and consmrtiction

details of tile

proposed soil

borings

and

groundwater monitoring

wells.

c)

Ifth~e*~-uef—t*—~pentt

pc.#pO.’;e~tb

tt

et4+gation activities-4i~the

Stage

2

~itC

Hwe~÷gi4tu*ft-plan

an4-none

of tile applicable

indicator contaminants

thm-exceed

the

most stringent

Tier

I

rernediation objectives of

35

IIl.Adin.

Code 742

as a

restilt of

the release

extend beyond

the

site’s property hottndaries,

opon

submission

of tile

Stage

2 site

investigation plan

the owner or operator must

cease

site imivestigatiomi and

proceed with the

submission

of

a site investigation

complem ion

report

in

accordance with

Sect ion

734.330 of this Part.

If tile owner

or operator proposes

no site investigation activities

iii the Stage

2

site

invest igat ion plan

and applicable

indicator contaminants

that exceed

time

mm~ost

stringent

Tier

I

renmediation objectives

of 35

Ill.

Admn. Code

742

as a result

of tile

release extend

beyond the site’s property boundaries, within

30

clays after

the

submission

of tile

Stage

2 site investigation plan

the owner or operator must

submit

to the

Agency

for review

a Stage

3

site

investigation pl~~n

tI

accordance

with Section

734.325 of this

Part.

d)

If the results of

a Stage

2

site investigation

indicate that

none of

the

applicable

indicator

coritamjliaants that exceed the

roost stringent Tier

I

remnediation

objectives of 35

III.

Adm.

Code

742

as

a result

of the release extend beyond

the

site’s

properly boundaries,

upon

coniplem ion of

the Stage

2 site investigation the

owner or

operator

nltmst 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

I

renmediation

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

sime

irtvestigation the owner or

operator

mnttst 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 must 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

I

remediation objectives of 35

III.

Adm. Code

742

for the applicable

indicator contaminants.

a)

The Stage

3

site investigation must consist

of the following:

I)

‘(he drilling

of soil

borings

and collection of soil

samples necessary to

identify

the extent of

soil contamnination

beyond

the site’s

property

boundaries

that

exceeds

the most stringent

Tier

I

remediation objectives

of 35

Ill.

Adm.

Code 742

for the applicable

indicator contaminants.

Soil

36

---

ELECTRONIC

FILING, RECEIVED,

CLERK’S

OFFICE,

SEPTEMBER

14, 2005

sample.s

mimust

be collected

in appropriate

hmcations and at

appropriate

depths, based upon

the

resutits of the

soil

sampling

and other investigation

activities

conducted

to date,

provided,

however,

that

soil

samples mttst not

he collected

below the groundwater table.

All

samples mast

be analyzed

for the applicable

indicator contaminants;

and

2)

The instaliatiorl of grotmadwater monitoring

wells and collection

of

groundwater samples necessary to

identify

the extent of groundwater

contamination beyond

the

site’s property hounc aries that exceeds the most

stringent

Tier

I

remcdiation objectives of 35

III.

Adnl. Cocie 742

fbr the

applicable

indicator

contammnnants.

If soil

samilpies

are collected

from

a

monitoring

well

boring,

the samples

must

he collected

in

appropriate

locations and at appropriate

depths, based upon the results of the soil

sampling and other investigation activities conducted

to date, provtded.

however, that soil

samnples must

not be collected

below

the groundwater

table.

All samples must

be analyzed for the

applicable

indicator

contaminants.

b)

Time

Stage

3 site investigation plan

must incI1tde~kti—ruo44le-44+Hite4-tthtime

follow imlg:

1)

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 houmiciaries that

exceeds the most

stringent

Tier

I

remediatiomi objectives

of 35

III.

Admn.

Code 742

for the

applicable indicator contaminants:

2)

The

results of the Stage

2 site

investigation,

including ht+t.nt$4imitet

no

the following:

A)

One

om,

mofe—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

investigat ion;

B)

One BEmore--site maps

meeting the requirements

of Section

734.440 that

show the

locations

of all groundwater monitoring

wells completed te—4ateas

part of the

site investication, and

the

groundwater flow direction;

C)

One e+tmece~site

map-s meeting the requirements of Section

734.440 that

show the

extent of

soil

and groundwater

contamnination at the

site that

exceeds

the most stringent Tier

I

remediation objectives of

35

III.

Adm. Code

742

for the

applicable

indicator contaminants;

37

---

ELECTRONIC

FILING, RECEIVED,

CLERK’S

OFFICE,

SEPTEMBER

14, 2005

1))

()rme

cs--

ri-tore

cross--sect iomm of

the

5

mte

that

show

the geology

of

the

s

Ic

and

the horizontal

and

vertical extent

cmf soil

and grotmndwater

contanirnatioa

at

the site that

exceeds the

most stringent

Tier

1

remediation objectives of 35

lll.Adai.

Code 742

for the

applicable

iIdicator

contain inatmts;

F)

Analytical

results,

chain of custody

forms, and laboratory

certifications

for all samples analyzed

for the applicable

indicator

contaminants

as

part

of

the Siege

2_site investigation;

F)

One or

more tables

comnparing the analytical

results

of the sawples

collected

no—dffieas

rail

of ,jtc

investi

miomi

to the

nmost stringent

‘Fier

I

remediation objectives

of

35

III.

Admn.

(Code 742

for the

applicable

i tmdicator cont

amninant 5; and

G)

For soil

borings

ammd groundwater monitoring

wells

installed

as part

of

the 44aee

site

investigation,

soil

boring logs

amid

mnonitoring

well

cormstructiori

d magramims

rncetmng

the

mvqtm

i

rcincnts of Sectiomis

734.425 and

734.430 of this

Part;

amid

3)

A Stage

3

sampling plan

that

iacludes~-no4-4w--Ii-+nAed—t-o~

the Ibilowing:

A)

A

narrative

justifying

time activities

proposed

as

part of

the Stage

3

site

investigation;

B)

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

tfmat exceeds the most

stringent

Tier

I

remnediation objectives of 35

III.

Adm.

(Code 742

for the applicable

indicator contaminants;

and

C)

The depth and construction

details of the proposed soil borings

and

groundwater monitoring wells.

c)

Upon completion

of the Stage

3

site investigation the owner or operator

must

proceed

with

the submission

of a site investigation completion

report that meets

the requiremeots

of Section

734.330

of this Part.

Section

734.330

Site Investigation

Completion Report

Within 30

days after comp1etin~the site investigauon,

the owner or operator shall