ELECTRONIC FILING,

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23, 2005

***USIPC#67***

ORIGINAL

TITLE. 35:

ENViRONMENTAl

‘ROTFET

ION

5158

F1’iLE 6:

WASTE DISPOSAL

(11 WI ER

1

POt

I

I IO~

C

01’,

ROE

HO

\RL) ‘AJH(

H WI LR

ci

UNDFRGROI.

ND

INJECTION

CONTROL AND UNDERGROUND STORAGE TANK

PROGRAMS

PART

732 PETROLEUM

UNDERGROUND STORAGE TANKS

(RELEASES

REPORTED SEPTEMBER

23,

1994,

ThROUGh

JUNE

23,

20021

SUBPART A:

GENERAL

Section

732.100

Applicability

732.101

Election

to

Proceed

under Part 732

732.102

Severability

732,103

Definitions

732-104

Incorporations

by Reference

732.105

Agency Authority to

Initiate Investigative,

Preventive

or Co;i~ctiveAction

732106

L~thoratorvCertification

732

108

Licensed Professional Engineer or Licensed Professional

Oeolo~i.stSupervision

2A2ZIIQ

~c?L~

and Delivery of Plans~1BudgetPlans, and Reponsj5j~naturesand

Certifications

732.112

Notification

of Field

~c~iyjtie~

73

2

II

LUS’I

Mv

is

or

Committee

SUBPART

B:

EAKLY

ACTION

Section

732200

Genend

732,201

Agency Authority to

Initiate

732.202

Early Action

732203

Free Product Removal

732,204

Application for Payment of Eariy,Action

SUBPART C: SITE EVALUATION AND CLASSIFICATION

Section

732100

General

732.301

Agency Authority to Initiate

732.302

No Fu,thcr Action Sites

732303

Low Priority Sites

732.304

High Priority

Sites

732.305

Plan Submittal and Review

732.306

Deferred

Site Classiticatiom Priority List for Payment

732.307

Site

Evalu’ation

732.308

Boring Logs

and Sealing of Soil Borings and Groundwater Monitoring Wells

732.309

Site Classification Completion Report

732.3 10

Indicator Contamthants

732.111

4Hd~ea~seGefith++*ittns

Groundwater Remediatiori Objectives

732.312

Classification

by Exposure Pathway Exclusion

---

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2005

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SUbk’AR’

D:

CORRECTIVE

ACTION

Sectton

732.400

General

732.401

Anency Authority w Initiate

732.402

No Further Action Site

7:32,403

Low Priority Site

732.404

High Priority Site

732,405

Plan Submittal

and Review

732,406

Deferred Con’ectivc

Action; J’riority List for Payment

732,407

Alternative Technologies

732.40R

Remediation Objectives

732.409

Groundwater Monitoring

and Corrective Action Completion Reports

A.

“No Further Remedial ion” Letter (Repealed)

732,411

Off-site Access

SUBPART F:

REVIEW OF SELECtION

-\Ni)’Hh~W~-PRuCt~4

U~kk\P 4~PLANS,

P,UQGET NAN~1,AND REPORTS

Section

732,500

General

732.501

Subrniual of Plans

or Reports (~çaleç1J

732,502

Complctcncss Review (Repeated~

732 503

k44

Review of Plans~,Bud~et

Plans, or Reports

732.504

Selection of Plans or Reports for Full Review

~,gpg~lç4).

732.505

Standards for Review

of Plans,

Budget Plans, or

Reports

SUBPART F: PAYMENT t&QM,IILflJli~LOW’RSMBURS’bMErN3’

Section

732,600

General

732.601

-\rrlications for Payment

732.602

Review’ of Application.s for Payment

732.603

Authorization for Payment; Priority List

732.604

Limitations

on

Total Payments

732.605

Eligible Corrective Action Costs

732.606

Ineligible Corrective Action Costs

732.607

Payment for llandling Charges

732.608

Apportionment of Costs

732.609

Subrogation of Rights

732.610

indemnification

732,611

Costs

Covered by Insurance. Agreement or Court Order

A.

Determination andCollection of Excess Payments

732.6 14

Audits and Access

to RecQrdsLReco~j$Retention

---

SUBPART C:

NO

FURTHER

REMEDIATION

LETTERS

AND

RECORDING

REQUIREMENTS

General

Issuance of a No

Further Remediation

l.ettcr

Contents of a No Further Remediation

Letter

Ditty to Record a No

Further Reniediation Letter

Voidance of a

No

Further Remediatior2 Letter

Section

732.800

____________

732.8 10

73 2.8 15

732.820

732.825

732.830

—

_________________

.~..

.:t~uL,~

732.845

Professional

Consulting Services

732.850

Payment on Time and Materials

Basis

h~:~~i

.

i

‘‘‘‘‘~‘‘‘?fl

~

:‘‘‘~‘~

jj

~

~I?.’,j’~f,’’ri

.

.

~.

~

Ar~’A

~

732.APPENDIX A

indicator Contaminants

732.APPENDJX B

Additional Parameters

732.APPENDIX C

Backfill Volumes e*44~4~tn~

~

~l

~

7’’i,_~\j’I’l

\11\

I

u

~

U

i’~4~fHr

r1fle~rr”M4

1,

ult

lfl’~

~

‘k\.FL,~1Ja

I

~

:~:5.1..Ydni,~~p~ndixL

TABLE A

Groundwater and Soil Remediation Objectives (Repealed)

TABLE B

Soil rernediation Methodology:

Model Parameter Values (Repealed)

TABLE C

Soil rernediation Methodology:

Chemical

Specific Parameters (Repealed)

TABLE 0

Soil

remediation Methodology:

Objectives (Repealed)

ILLUSTRATION A

Equation for Groundwater Transport (Repealed)

ILLUSTRATION

13

Equation for Soil-Groundwater Relationship (Repealed)

ILLUSTRATION

C

Equation for Calculating

Groundwater Objectives at the Source

(Repealed)

ELECTRONIC

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SEPTEMBER 23,

2005

***USIPC#67***

Section

73 2. 700

732.701

732.702

732. 703

732.704

SUBPART

H:

MAXIMUM PAYMENT

AMOUNTS

Aoplicability

lIST

Removal

or Abandonment Costs

Free

Product or

Groundwater

~

I

Drilling.

Well

Installation,

and Well Aban

orunent

‘~

Soil Removal and Disposal

Servic”

Drum Disnosal Set~

ices

1~

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IL! .IJS’FRA’lION D

Equotion for

CalcuIatiii~Soil Oljectives

at

the

Source (Repealed)

AUTHORITY:

Implementing

Sections

22.12

and 57-57.17

and

authorized

by Section

57.14

of

the

Environnijental

Protection Act

415

ILCS

5/22,12,

57-57.17!.

SOURCE:

Adopted

in

R94-2 at

18

III.

Reg.

ISOOS,

effective September

23,

1994; amended in

R97-10

at 21

Ill.

Reg.

3617. effective July

1.

1997;

amended

in

R01-26

at

26

Ill.

Reg. 7119,

efiective

April

29,

2002; amended

in

R

at Ill.

Reg.. effective

NOTE:

Italics denotes statutory language.

SUBPARI’ A:

GENERAL

Section 732.100 Applicability

a’~

11)15

‘art

applies to owpg~sir

QP.clr

of,~nyjia~crgtoaiicl

storage tank system

uscd

tgcontain petro~jrnanlior

which

a

leasewasreotecl

to Illinois

Erneruency Management Agency (lEM’~jQp

qr

after

Sc

tember

J994.

but

pn°riQ)IL4QQ2~ in aceordanec

with regulatior

.ied

by the Office oF

State ~

also aoplies

tQJn~’t’Iersor

operatuts

tw~pbor

to

June 24. 2002, elec~to

roceedinaccorthuice

with

tlhs l’a~,.pursuant

to Sect

2:~ZAS)

I

of

this Part, ~

i1k,½.t1stcWt~,stod

,

~

inuk

~~tent—ws

,4—~~qftd¾.ft

f’t~tO3tttittdt$t

4’

*1

wIthI

t~,

rrkw’.e

‘

pa’~

~‘,‘t÷I

~

I’”ntJ

)‘

~E~Y~)

on or

after

September

23,

1994

in accordance with

regtilotitiie.

adopted

by the Office of

State Fir~

Marr.hal (OSF~4)~

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 rcmoval

or

abandonment pursuant to Section

57,5

of

the

A4

Swi~~nenta~eteet1en~tt

(Aet-4

IS

ILCS 5/57.5.

Owner5 or operuton

of any undcçrouud

ctoruge tank

&vMetm*ai~e44e-eetk+~4wpeffi4eum-ttnd

fur which

‘a re1ea~,ewa~

reported

to IEMA

~

b)

Upon the receipt

of a corrective action order

issucjj~ from the

OSFM prior to

June 24. 2002~psjpursuant to Section 57.5(g) of

the

Act, where the OSFM has

determined that a release poses a threat

to human health or

the environment,

the

owner or operator of any underground storage tank system used

to contain

petroleum and taken out

of operation befote January 2,

1974.

or

any underground

storage tank system

used

exclusively to store heating oil for consumptive use on

the premises

where stored and which serves other than a

farm

or residential unit

shall

conduct coffeclive action

in accordance

with this Part.

c)

Owners or operators subject

to

this Pan by law or

by dcci’on

shall proceed

expeditiously to comply with all requirements of

the

Act and the regulations and

to obtain the No Further Reniediation Letter

signifying final disposition of the

site

for purposes of this

Part. The Agency may use its authority pursuant to

the Act

‘4

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ELECTRONIC FILING,

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OFFICE,

SEPTEMBER 23,

2005

and Section 732.105

of’

Lhis

Part

to

expedite investigative, preventive

or corrective

action by

an ov~~ier

or operator or

to initiate such action.

d)

The following underground

storage tank systems

are excluded from

the

requirements of this Part:

I)

Equipment

or machinery that contains petroleum substances

for

operational

purposes such

as hydraulic

lift Links

and

electrical

equipment

tanks.

2)

Any

underground

storage

tunic

system

whose capacity

is

110 gallons or

less.

3)

Any underground storage tank system

that

contains

a

de minim:s

concentration of petrotcum

substances.

4)

Any emergency spill or overfill containment

underground storage tank

system

that

is expeditiously erupited

after

use

5)

Any wastewater trealrnent

tank system

that

is part of a

wastewatci’

treatment

facility regulated tinder Section 40~

or

307(b)

of

he Clean

Water Act (33 USC.

125!

ci

seq.

(1972)).

6)

Any

LIST system holding hazardous

waste listed or identified

under

Subtitle

C of the Solid Waste Disposal Act (42 U.S.C.

3251

ci seq.)

or a

mixtttre of such hazardous

waste

or other regulated substances.

e)

Owners

or operators subjec,

to this Part ma

ursuantto 35

III.

Adm. Code

734.105.,elect to,proceed

in

accordance with

35

UL Mm. Code 734 instead of this

Part.

(Source:

Amcnded at

Ill,

Reg.

,effective

Section 732.101 Election to Proceed undcr Part 732

a)

Prior to June 24, 2002, owners Owne~-oroperators of any underground storage

tank system used

to contain petroleum and

or

which a release was reported to the

proper State authority

on

or before September

12,

1993,were

able

to 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 thnIl

be

submitted on formr

prse~ribed

and

provided by the Agency and, ifnpecif ed by

tht’

~

44~.-4,e-.w~snremeoi-,

~.trihss~P,ri-t-.

The election became ~ihs14-be

effective

upon

receipt by

the Agency

and

shall not be withdrawn onee-nmde-flowever,_an

owner

QLpperator that

elected to proceed in accordance with this Part may. pursuant to

35

ilL Adiri, Code 734,105, elect to proceed

in accordance

wkt~,35,IILM~mS,,,Qd~

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ELECTRONIC

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SEPTEMBER

23, 2005

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734

instead ci this Part.

h)

i~jnrjjrine24~20~2excett’~~’~

as

provided

in Section 732.IC0(h)

of this

Part, owners or operators of underground storage tanks (liSTs) used exclusively

to store heating oil for consumptive use on the premises where

stored and that

serve other than a farm or residential unit

were able to

flit~”

elect

to pioceed

in

accordance with this Part. by submitting to the Agency a written statement

of such

election signed by the owner or operator.

Such eieuion ~huBbe~nihmiued

on

I orme prercnbed and provided

by the Agency and,

if npecifisd by thc-Age4cy hy

te~oiieu~etu’~

•

4

~

~

The election became ~4,fihl—be

effective upon

rec:eipt by

the Agency

and shall

not he withdrawn enee-w~ade.H.ocr~~ri~r

operator that elected

to

proceed

in accordance with this Part

rims,

pursuant

to

:35

Ill.

Mm. Code 734.105, elect

to proceed in ‘accordance

wfth ~35IlL

AWn. Code

734

instead

of this

Part.

c)

lithe owner or operator elected nh~n~

to proceed pursuant to this Part, corrective

action costs incurred

in connection with the release and prior to the notification of

election shall be payable from the Fund ee+ekmhue~th1e

in

the same manner as

was

allowable under the

a

licable to the owner

eç~r,priorto the

~

~

C

t~r:c&t~e

LHjfl~~I~i)5t~

iiitU~

cd

~

:ttc

notihcauon of election shall he payable

4~em—the—F+1+t4cijreimbursahle in

accordance with Subpea-E-awi-F-ei this Part.

Corrective action costs incurTed

dn~qrA~LthQcfkcive.cof,~neIec0unjo

prqpeed in accordance with 3jjll.

Mm,

Code 734 shall he payable from

the Fund in

accordance with

that Part.

(Source: Amended

at

Ill. Reg.

effective)

Section 732.103 Definitions

Except as stated

in this Section, or unless a different meaning of a word or term

is clear from

the context,

the definitions

of words or terms

in this Part shall be the

same

as

that applied to the

same words or terms in

the Environmental Protection Act

415

ILCS 5.

“Act”

means the Environmental Protection Act 415

ILCS

51,

“Agency”

means the Illinois

Environmental

Protection Agency.

“Alternative Technology” means

a process or technique, other than conventional

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

by releases

of petroleum from an underground

storage tank.

13i4

I

nit

1~

it otis

Ii

~ni

r

I

t

ot

\tt

d’~

it

to

~,t

iid

L1

Pt

t1ti~~t~

id

S

rs u~

s

di

it

I

oPt

in~&l

U

Li

iliW~ttULtktdlIt~

~i

ii

~ti Jill

I

‘~

11111

‘C~~”~

I

i~

prn~

ln~sh(ntoRth’nthtxJ~JUitLtt

nit

RaL

I

‘

H

nit

nit

hat

H

it

£

l3itl

in

K

it

(It

(I)

i

lit

I

XjI~

Rd

H

H

itt

4i

---

ELECTRONIC

FILING,

RECEIVED, CLERK’S OFFICE,

SEPTEMBER

23, 2005

***USIPC#67***

~

H..,:

H~.r.

\•L.•~.

;:H...i.’,

ii:’Cl

•~.

,~HH..:i?T.

H&IHHJKLI

in::.

:..::.,~.:,

H

~

,

‘•H

HI

i~Ht’

..i,~HTh

“fipard”

means

the Illinois Pollution Control Board.

“Bodily Injury” mewis bodily injury,

sickness,

or disease sustained bya

person.

including deal/i at any

time,

resulting

front

a release ofpetroleum from an

underground storage

lank

415

LCS

5/57.21.

“Class’ I groundwater”

means groundwater that meets the

Class P potable

resource

groundwater criteria

set

forth

in rite board regulations adopted pursuant

to

the Illinois GroundwaterProtect(on Ac:

415

ILCS

5/57.2J.

“Class II! groundwater” means groundwater that meets the

Class III

special

resource groundwatercriteria set forth

in

the board regulations adoptedpursuant

to

the

illinois Groundwater Protection Act

415

ILCS

5/5’/.2J.

“Co,n,nunitv

wager supply” means a public water supply which

serves or

is

intended to serve at least 15

service connections used by residents or

reRularly

serves at least 25

residents

415

ILCS

5/3.145.

“Confirmed Exceedence” means

laboratory verification of an

exceedence of the

applicable remcdiation

groundwntor quality st~dard~

or objectives,

“Confitionofarele~c”means

t4~econfirmation of a release of petroleum in

accordance with regulations promulgated by

the Office of the State Fire Marshal

at 41flLAdm.C~LUO.

“Confinned Release” means a release of petroleum that has been confirmed in

accordance with regulations promulgated by

the Office of the State Fire Marshal

at4l

Ill. Ada

Code

170.

I.cLNPd~

~‘~~1I’

,‘T~S~i~Jfl

3,~~.flikUYSPi’ti

racted

to

che owner or operator

chat provides

Ha

“tL

odaid Prodict~intl S~

r

•

~

hs~çdmPLetion

UtjL~tp~ndExL

ncrssin

to desutn

.

nvej~e.anal’ze4

ii

aiwge and dog,jjjiept iiivestc

at’i

U

and

en ied

at

lAcpyuies

dim

an

a

corrcc’uI~c

dutcH

pj:pji~c,~.,

as

cH as

the

pi’uFes ciOlia!

C

01)1

~,g,

,i~’

.r.

tH.it~::e’:ntL\r.citci

,t,~cHfd

itch

oH niti’c.

to’.,

rc:voinmy

CtjClc,’’~

---

ELECTRONIC FILING,

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“Conventional Technology” means a process or teelmique to perform a corrective

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

of petroleum

from an underground

storage tank

in accordance with applicable

law’s and

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

“Corrective action”

means activities associated with

compliance

with

the

provisions qfSections 57.6

and 57.7

of the Act j’415

ILCS

5/57.2.

“County highway”

means county highway as&fined

in the

Illinois

J1i~wayCode

1605

JLCS

51.

“DJflrictrpac1”rri~ansdistrict road as defined in the

Illinois Highway Code 605

ILCS

51.

“Environmental Land

Use control” means

Environmental Land Use Control as

defined in 35

III. Adm.

Co,de742.200.

‘

tH

tn4ilht’kkl’tt~eN_

tR&

of the3e regulntiontt and ic placed in

the chain of title to real property that

limiut or

¶PlW~‘t41

eRIe*’d,

M*’tIW’~ftny.t4

4he’p~

pe4tt

~

human health or the environment, i~binding upon the property owner, heirn,

~uccc~sors,a~cigno,anti ls:i~ees,and runu in perpetuity or unti

the Agenoy

approves,

in writing, removal of the limitation or

requirement from

the chain of

~

O.n.S

n:

,t’it :,“IKC:

i,O’t’tt: il:i’,r.

:~‘.:‘,r:r

CC’i

‘10CC

1.H110~

~

!:IHH

~,

‘*.~C~C,

1W

‘*11W.

1’

~~j.g1:.

“Ftl.Hhttd

t’~

a’:t*

.ord

H~i:dneos’meattI

jli*tfl’C

Hi

t*t CH:’:.,s

(‘Ctn:S’.ll.iv

otWo ttin

.L,5J.i~

H,lHcu~L.:nVH

Vita:

Rates.

pw.su*o

o..H:C:::1iti~

..~L

• “j

•tt

(

Un

b

00111

lii

ii

mV

P

H

•

at

uklisla

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mu

‘\p’’L

nih

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1

1

O~H

.ttliIt111\l~lj,~gjWltill

r~it~j~l~flLflt5

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1

C

\~.

ilL

\

s1hjtLUj~M

Ito

iJiaUa.,t,tri4

i:.~m’iee (om’

S11’tmd

in

t.ien

loss

ti’ an or

cnipEjjjo the

,L,a~c!U,is’sLUlltIPorn’

is

Lxlo,nd,,,m,t(

o’..i

iiit arislic

jp~j

hr.djhin

Rat.~or

ahlos~

~

~l~t~mmriutu

~

it

.b.omtto

~t(iU.d:~1:J’hi

~l~’rt.x.h.u.naiit1Sr”r~”ices

.,u1~,I;,!J.!1,Q1

Cc!,,,!!.Y,tN~i’,1~cdsQV~!t1t:d

~‘J1JkiQ1,i1YL

I

Vi?

i’Vitit’’

rrieai’t:;

a

imfl’ti

‘t’,acnP*:

cia :mrla:’d

IL’ridmtct,s

ajo.i

lit~.tii1jsros’r’t.i

j)tlrs:csntroiheprot’isa)t’isi)1~mcc:tiC!i

~‘i’,C2,,cP2

g

---

ELECTRONIC

FILING,

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CLERK’S OFFICE,

SEPTEMBER

23, 2005

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‘‘Federal

Landholding Entity” means that federal department,

agency or

ins~ruinentaitiywith

the

authority

to occupy and

control

the

day-to-day use.

operation and management

of Federally Owned Property.

“Federally Owned Property”

means real property owned

in fee

simple

by

the

United States

on

which an institutional control

is or institutional controls are

sought to be placed

in accordance with

this Part.

Fill material’’

means

non—nctune

or dLcrurbed rnareria/s

used

to bed and hackji//

around an

underground

storage

rank

415

ILCS 5/57.2J.

“Financial interest”

means

any ownership interest,

legal or beneficial, or hetnE in

the relationship of director. officer, employee, or other active

participant in the

affairs of a parly. Financial

interest does

not

include ownership of publicly traded

stock,

“Free Product” means a contaminant that

is present as a non-aqueous phase liquid

for then

icals

whose

melting point

is

ess

than 30°C(e.g..

liquid

not dissolved

in

water).

“Full Accounting” means

a compilation of documentation to establish,

substantiate and justify the nature

and extent of the corrective action costs

incurred by an owner or operator.

“Fund”

means

the

Underground Storage Tank Fund iiSergraund ~

fiet4

415

ILCS 5/57.2.

“GIS” means Geographic lnfonnation

System.

“UPS” means Global Positioning System.

“Groundwater”

means underground water which occurs within the saturated

zone

and geologic materials

where the fluid pressure

in the pore space is equal

to

or greater

than

atmospheric pressure

f415

ILCS 5(3.2101141511-CS

5/3.61.

~.

~

~

~,

~t

4’4~44~jr~

.~

+,~

F?

1

in

one

4:

i.,t:,

01,,:

.,,,1,i:SC,

~

~

“Handling Charges” means

administrative, insurance, and interest costs

and a

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

field purchases.

‘Heating oil”

means petroleum that

is No.

1, No,

2,

No.

4 -light, No.4

-heavy,

No.

5 -light,

No.

5 -heavy or

No.

6 technical

grades offuel oil,’

and other

residual

fuel oils including

navy

special

fuel oii and hunker

c.

415

1LOS

5/57.2.

---

ELECTRONIC FILING,

RECEIVED,

CLERK’S OFFICE,

SEPTEMBER 23,

2005

***USIPC#67***

“Highway authority” means

the

Illinois Department of Transportation

with

respect to a State highway:

the Illinois

State l’oll Highway Authority with respect

to atoll hi~way;

the

county hoard

with

respect to a

county

highway or

a

county

unit

district road if

a discretionary function is involved and the county

suverintendent

of highways

if

a

ministerial function

is

involved:

the high~y

commissioner with respect

to

a township

or

district road

not

in a

county

or unit

road district: or the corporate

authorities

of a municipality with respect to a

municipal

street

605

ILCS 5/2-2131.

“Highway Authority

Agreçment”

means

an agreement with a highway authority

that meets the

requirements of 35

Ill. Adm. Code 2421Q20.

“IEN’IA” means the Illinois Emergency Management Agency.

“lndemnzficatton”

means indemnification ofan

owner or operotor fin- the cimount

ofjudgment

enteredagainst the owner or operator in a court oflaw,for the

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

by any agency ofStare government orany subdivision thereof orfor the amount

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

determination, or settlement arises out ofbodily

injury orproperty damage

suffered as a result

of

a release of petroleum from

an underground storage tank

owned or operated by the owner or operator

415

ILCS

5/57.2.

“Indicator contaminants” means the indicator contaminants set

forth in

Section

732.310 of this Part.

“Institutional Control” means a legal

mechanism for imposing a restriction on

land use as described

in

35

III.

Mm.

Code 742, Subpart I.

~

flc

1

It

(.

~L’

I

N

,0J

r~

I

Ii

C

PC

Sev—~

ice

thai

Isp

user’s

Iti

t~

the

r’I.N.DCCIiIC(I

(Yin?

RsiiL~,

Fiii

Ic

:5

ii

ert

the

Niaxi

i: ~

~

lh5~’.

~

i?’i*’i

ch.c’...p~c•kc1Y~~

~,

~cr’~jc,c.JY.qh

I:”cc-rn :ift\

fl

O

tied

the

.t

sjUU’eli?eUlS

.ckrj.huJFu.c~t.tchI

at

l.c

YcY...p ..:.h~jsn2

n1~Jd’’

“Land Use Control

Memorandum ofAgreement” means an agreement entered

into between

one or more agencies of

the United States

and the

Illinois

Environmental Protection Agency that

limits

or places requirements upon the use

of Federally Owned Property for the purpose of protectinghuman health or

the

environment, or

that

is

used to

perfect a No Further Rernediation Letter that

contains landuse restrictions.

“Licensed

Professional &Lgjneer” “Licensed professional engineer” means a

person, corporation orpartnership

licensed under the

laws of the State ofIllinois

to practice

professional

engineering

1415 ILCS

5/57.2.

10

---

ELECTRONIC

FILING,

RECEIVED, CLERK’S OFFICE,

SEPTEMBER 23, 2005

*

*

*

U

S

I

-

PC #67

*

*

*

“Licensed Proessional

Geologist”

ipieans a

person

licensed under the laws of

the

State

of

Illinois to practice as~i

professional

geologist

415

ILCS

5/57.21.

“Line Item Eutimate” meon~an e~tijnpte

p

the costt a~ociptcdwith

each line

~ ~

4+H~t~ttl

‘.f~t*’r~4t41’I.n4MtU4tNftfl +4’,t~’~~tth’

M+a4—u1ty*iu&4 ‘—~f’j~eFfl~.t

?HH ~t~Iput~’.

Q,

U

tt,C~$’t’~!i~

~

~lie

~ev~k

~

implementation and completion of a plan or report.

“Man-made Pathway”

means constructed routes that may allow

forthe transport

of mobile petroleum

free-liquid or petroleum-based vapors hicluding, but not

limited to, sewers, utility lines, utility vaults,

building foundations, basements,

crawl

spaces, drainage

ditches or previously excavated and

filled areas,

H

fly:’.

:Hr,5

.5t5151155

¼

5

ii

5~.55

:,

.5

“Monkoring Well”

means a water well

intended for

the psuose

of determining

groundwater quality or

quantity.

“Natural Pathway” means natural routes for the transport

of mobile

petroleum

free-liquid

or petroleum-based vapors

including, but not limited

to, soil,

groundwater,

sand

seanis and

lenses

and

gravel scams

and. lenses.

“Non-community water supply” means a public

water supply that is not a

community water supply

1415

ILCS

5/3.145j.

1’

~•‘

,.,,,

~

I

¼)

I

I

).

I,

Itt

‘t

S

I

I

~

tut

I

~

ti

~“

I

ir~

let

li

I

I

\j)

I

i

n

I

I

slier

~L”

“Occurrence” means

an accident,

including continuous or repeatedexposure to

conditions,

that results in a sudden or nonsudden releasefrom an

underground

storage tank

415

ILCS

5/57,2.

“OSFM”

means

the Office of the State Fire Marshal.

“Operator” means any person

in control of. or having responsibility for,

the daily

operation of the underground

storage tank.

(Derived from 42

USC 6991)

11

---

ELECTRONIC

FILING,

RECEIVED,

CLERk’S OFFICE,

SEPTEMBER 23,

2005

*

*

*

U

S

I

-

PC #67

*

*

*

BOARI)

NCYI’E: A peuon who voluntarily undertakes

action

to remove

an

wideuground storage tank system from

the ground

shall

not be deemed

an

“operator”

merely by the undertaking

of such action.

“Owner” tneans~

In

the case of an

underground storage tank in use on November

8.

1984,

or

brought into use after

that date,

any person who owns

an

underground

storage tank used for the

storage, use or dispensing of regulated

substances;

in the case of any underground storage tank in

use before November

8,

1984, hut

no longer

in use on that date,

any

person

who owned such

underground

storage tank immediately

before the discontinuation of

its

use, (Derived from

42

USC 6991)

“Perfect” or “Perfected” means recorded

or filed for record so as

to place the

public on notice,

or as otherwise provided in Sections subsections

731703(c)

and (d) of this Part.

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

“owner”

or “operator,” an individual, trust,

firm,joint stock company, joint

venture,

consortium, commercial entity, corporation (including

a government

corporation), partnership, association, State,

municipality,

commission, political

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

Government and each department, agency, and instrumentality

of the United

States,

(Derived from 42

USC 6991)

.•Is:isc

It

\.R.*I.IcI:

t~ic:s.n’;.

r:

~I~cas

I

si

1

55:551

pt\IIlIIt

Ft

Pitt

Jt~

IlL

ItLtI’

is

tt¼it

I

i.asr

51151.

‘.lte

t..(.t.U1512tj5C.’

.Actitsit

Pties

“Petroleum” means petroleum, including enide 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)

“Physical soil classWcation” means verification

of geological conditions

consistent

with regulations for identifying and protecting potable resource

groundwater or

verification

that subsurface strata are as generally mapped

in

the

jrnblieuumi l1iinoi~Get.4ogin’d

Sun-es’

(‘i,~uIar

(I984k e’uhkrl “Pateniwl

IIfrr’

Contamination OfShallow Aquifers

In Illinois,” by Berg, Richard C., eta!.

Such

classification may include review of soil borings,

well logs, physical soil analysis,

regional geologic maps, or other scient(ficpublications

415

ILCS 5/57.21.

“Potable” means

generally

fltfor human consumption in accordance

with

accepted water supply principles and

practices

415

ILCS

5/3.340114-14

12

---

ELECTRONIC

FILING,

RECEIVED,

bLERk’S

OFFICE,

SEPTEMBER

23, 2005

***USIPC#67***

ILCS 5/34~Sf.

“Pracl.ical

quantitation limit”

(‘‘POL”) means

he

reliablyjpeasured within s~ecifledhnuts of precision and~çç~uçjtf

y

for a

specific laboratory analytical

method during routine laboratory opera6ng

condiLions in accordance with

“Test Methods

for Evaluatin~Solid Wastes,

PhysicaL/Chemical Methods,” EPA Publication

No,

SW-346. incorporated by

reference at Seclion

732.104 of this Pan. For filtered water samples, PQL also

rneansthe

N

ethod Detection

Limit ~j~siiniaied

Detection Limit

in accordance

with the applicable method revision

in:

“Meth

Metals

in Environmental Sampics,” EPA Publication

No.

EPAJ60Oi4~9l/OlO:

1Mthcsnhc~P~npim~i1lowpLNn4~

in Environmental

.S~uuii~

Supplement

I,” EPA Publication

No. EPA/600/R -94/I II:

“Methods for the

Determination

of Organic Compounds

in Drinking Water,”

EPA Publication

No.

EPAIbO0J4~88/O39;

“Methods for the Determination of Orgatuc Compounds

in

jinking Water,

Supplement

11,”

EPA Publication

No. EPA1fiOO/R-92/129:

or

“Methods for the_DctenninationoQ~ganicCon~oundsinDrinkiqg_Water..

Supplement

ILL” EPA Publication

No.

EPAIbOO/R-95/13 Jail

of which

arc

incoTuraicti by

relerence at Section

732, j04 çí this Part.

‘‘Property damage’’ means phi-nra? Injury to,

destruction

0/, or con!anhcralion

of

tangible property

owned

by

a

person other

than an owner or operator of the

UST

from

which

a release of petroleum has

occurred and which tangible property

is

located

off the site where

the release

occurred.

Property damage includes

all

resulting loss ofuse of I/ia: property; or loss of use of tang/bk’ property that is

Plot

physical/v injured,

destroyedor contamu’ia:ed,

hut has

been

evaeualed,

ii’ithdrawn/rom

use, or

rendered inocce~sible

because ofa

release ofpetroleum

from

CUi

underç’rouitd storage tankr415

ELCS

5/57.21.

“Public water supply’

means

all mains,

pipes and structures through

which

water

is obtained and distributed to the public,

includin? wells and well

structures,

intakes

and cribs,

purnpi,rn

stations,

treatment

plants,

reservoirs.

swrage

tanks

and

appurtenances, collectively orseverally,

actually used

or

intended

len’

use

for

the purpose of

furnishin.e

water

for drinking or

~e~eeral

domestic

use

~

service connections

or

which

regularly

serve at least 25 persons

at least

61) dg,y~

per

year.

A public

water

supply

is either

a

“community

water

supply” or a “non-community water supply”

1415

ILCS

5/3.365 1.

J(ca~oi

iahtt~

Qli4’SHIL

Pet

tIle

~fl

IV

1)1

732. $Oiç b

the

nunther of

Luitso:

NtcIi~L~J_incl~rd,

Proi

h cs

and

Ssrv ices orprodu

~

or

‘crs ~

or

“lit

“f)~

.

uht

diii’

Ii

,llt.

IflOL

hit

Ti’~

Q

fl2~0~iaufljh

ii

ire

e,,n~ick

ed

55:

5

sit

:dItIs’

151

Ii’ss

kilt :s:sp.eijpumtjiy..!

1

14

tillS

lIlt

“Registration” means registration of an underground storage

tank with the

OSFM

in accordance

with Section 4 of the Gasoline Storage Act 430

ILCS

13

---

ELECTRONIC

FILING,

RECEIVED, CLERK’S OFFICE,

SEPTEMBER

23, 2005

***Us1p0#57***

15/4.

“Regulaled

recharge area”

means a compact

geographic area, as determined

by

the

Board,

the geol ‘s~

of which

renders a

potable resource groundwater

particularly

susceptible

to

contamination

1415 ILCS

5/3.3901 f4l4-1LCS—~/3A~

“Regulated

Substance” means any substance defined in Section

101(14) of the

Comprehensive Environmental Response,

Compensation,

and

Liability

Act of

1980 (42 USC Sec. 9601(14)) (hut not including any substance regulated as

a

hazardous waste

under

subtitle

C

of the Resource Conservation and Recovery

Act

(42 Usc

6921

et seqj), and petroleum Petrolew+*,

(Derived from 42 USC 6991)

“Release”

means any spilling,

leaking,

emitting, d~schargtng,escaping,

leaching,

or disposing ofpetroleum from an underground storage

tank into groundwater,

suiface water

or

subsuifac’e

soils

415

JUTS

5/57.2j.

“Residential

Tank”

means an underground

storage tank located on property

used primarily for dwelling purposes.

“Residential Unit”

means a structure used primarily for dwelling 1T°5°~

including multi-unit dwellings

such

us apartment buildings, condominiums,

cooperatives or dormitories,

“Right-of-way”

means

the

land, or

interest therein,

ac

guired for or devoted to a

hL~hwav

605

ILCS

512-2171.

“Setback Zone” means a geographic area,

designated pursuant to

the

Act or

regulations

(35

UI.

Adin. Code, Subtitle F),

containing a

potable water supply

well or a potential

source

or

potential

route,

having a continuous

boundary,

and

within which cenain prohibitions or regulations are applicable in o

n/cr

to protect

groundwater

415

ILCS

5/3,450,

(415

ILCS 5/3.611,

“Site” means any single location, place,

,trrct of land or

parcel ofproperly

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

1415

ILCS

5/57.2,

.Sj.ar:~I~rd

l.’.rryluct.s

lirid Scr’~iccts’’;\lso

Fc.

fencU

~,

..1:ftis.t41uc

a.jd.~,Lr~jLc~

I

w,c:r(s

the’ ‘~t~uidardIttxl

enviro!

iuecitnl

pliRiltels

and

crS’lSlCSii1~lImEiy

hc

Ii’

CC’,’,

II

‘-

()LlId~.k

Sfls.C

lie

I)

ThI’~In

~IdCIJS!cownl\j&Ilij tht

~novisitiri’

ojilit’.

PIII I

‘It

tilt

di

U

Pi OUt

IL

r s

arid Su

V

~.

I.

dl\

li”t~

I

in

\ppu ((115

1

“1

JM odor

SLrV

it

not

i’tt.d

in

A,ppt

udix

I

in

it

hi

lJ1plO\~jj

fla

‘.n~.

basi’. 1tur’,ti?nI

10

the

Lfliyt~iyJ1~,tfL2i~QNi~1thy

‘It

itltt

lit

c~

I

~k

ttlcl’t’,

i

itdhi

it’

i

Itistltlit

Ill

,Ljtt

Hi

s~c~:tpIc’red

itt.

t

Ut!

rJoenmjiytvirh

the

tirtiVisilitis

çtf its’

‘dii.

5,t~tiiuaui,s1J

Lih~pt~tU~h~eIii

L...pp~.c.2cJUH

~

.tI’tc’rrci

c.?~ee,J

Ut’

14

---

ELECTRONIC

FILING,

RECEIVED,

CLERK’S OFFICE,

SEPTEMBER

23,

2005

***USIPC#67***

“Stale Fiigjiway”

means

state

highway

as defined

in the

illinois

Highway

C:ode

605

ILCS 5.

“Stratigraphic

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

material

and/or

bedrock of varying thickness (e.g., sand, gravel, silt, clay,

bedrock. etc.). A change

in

stratigrapinc unit

is recognized by a clearly distinct

contrast

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

gradation.

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

is identified

by one or a combination

of diffens.~esin physical featurcs such

as texture,

cementation,

fabric, composition, density, arid/or permeability of the

native

material

and/or bedrock.

‘Street”

means

sweet

as_defined in

the

Illinois Highway Codc 1605

ILCS

5j.

“Surface Body

of

Water” or

“Surface ~VaterBody”

means a natural or

man-made

body of water on the ground surface

including, but

not limited to, lakes, ponds,

reservoirs, retention

ponds, rivers, streams, crccks

and drainage

ditches.

Surface

body of water does

not include puddles

or other accumulations

of precipitation,

run-off or groundwater in

ITS’!’ excavations.

“rank Field”

means

all underground

storage tanks at a Site

that reside within a

circle

with

a

100

foot radius.

“Toll highway” means

toll highway as defined in the

Toll Highway Act

f

605

“Township road” means

township road as defined in the Illinois Highway Code

605

ILCS SI.

“Underground Storage Tank” or “UST”

means any one or combination of

tanks

(including underground pipes connected

thereto) which is used

to contain an

accumulation of regulated substances,

and the

volume of which (including the

volume of underground pipes connected thereto)

is

10 per centuin or more

beneath

the

surface of the ground.

Such

term does not include any of the

following or

any

pipes connected thereto:

Farm

or residential

tank

of 1,100 gallons or less capacity used for

storing

motor fuel for noncommercial purposes;

Septic

tank;

Pipeline facility (including gathering lines) regulated under the Natural

Gas

Pipeline Safety Act of

1968 (49

USC App.

1671 et seq.), or

the

Hazardous

Liquid Pipeline Safety

Act

of 1979(49 USC App.

2001 et

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

laws

15

---

ELECTRONIC FILING,

RECEIVED, CLERK’S OFFICE,

SEPTEMBER

23, 2005

***~~

~PC#67***

as provided

in either of these provisions of

law,

and that

is

determined

by

the

Secretary of Euer~yto be connected to a pipeline or to he operated or

intended to be capable of operating at pipeline

pressure or

as

an

integral

part

of a pipeline;

Surface

impoundment, pit, pond, or lagoon;

Storm water or waste waler collection system;

Flow-through proc.ess

tank;

Liquid trap

or associated

galhering lines directly related to oil or gas

production and

gathering operations;

or

Storagc

tank situated

in an underground

area (such as

a

basement,

cellar, mineworking,

drift, shaft, or

tunnel) if the

storage tank

is

situated

on

or above

the

surface of the floor.

(Derived from 42

USC

§

6991)

The tenn

“underground storage tank”

s/tall also

mean an underground storage

tank

used

exclusively to store heating al/for consumptive use on the premises

where stored and which

serves

other

than

a Ji~rmor residential unit

415

ILCS

5/57.21.

1~1Th

L/~.

1~~1

~

.~i,

“UST system” or

‘tank system”

means

an underground

storage tank, connected

underground piping, underground ancillary equipment,

and

containment system,

if any.

lWilieSYrcncctipn

Area” means the wcllhead protection area of a

community

water supply well

as determined under the Agency’s wellhead protection program

plrsuant to 42

USC ~ 300h-7.

(Source: Amended

at

Ill. Reg.

,

effective

Section 732.104 Incorporations by Reference

a)

The Board incorporates the following

material

by reference:

ASTM.

American Society for Testing

and

Materials,

100

Barr

Harbor Drive.

P.O.

Box C700, West Conshohocken,

PA,

19428-2959

(610) 832-9585

ASTM 1)

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

16

---

ELECTRONIC

FILING,

RECEIVED,

CLERK’S OFFICE,

SEPTEMBER

23, 2005

***USIPC#67***

Soils,

approved November 21,

196.3

(reapproved

1990).

ASTM D

1140-92, Standard Test

Method

for Amount of Material

in

Soils Finer than the

No.

200 (75 pm) Sieve, approved November IS,

1992

ASTM D

22 16-92, Standard Test Method for

Laboratory Determination of

Water (Mois~ce)Content of Soil

and Rock, approved June

15,

1992.

AS’TM

1)4643-93, Standard Test Method for Detemiiriation

of Water

(Moisture)

Content

of Soil

by the Microwave Oven Method, approved

July

15,

1993.

ASTM

D 2487-93, Standard Test Method

for Classification of Sois

for

Engineering Purposes, approved September

15,

1993.

ASTM D 2488-93.

Standard

Practice for Description

and

Identification

of

Soils (Visual-Manual Procedure),

approved Scptcmber

15.

1993.

ASTM D 5084-90,

Standard ‘lest Method

For Measurement

of Hydraulic

Conductivity of Saturated Porous Materials

Using

a

Flexible

Wall

Pennearneter,

approved June

22,

1990.

ASTM 0 4525-90. Standard Test

Method

for Permeability of Rocks by

Flowing Air,

approved May

25,

1990.

ASTM

1)

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

Soils,

approved August

17,

1983.

15(35.

IlLinois State Geological Survey, 615 E.

Peabody Drive,

Champaign, IL 61820-6964 (217) 333-4747

Richard

C.

Berg, John P.

Kempton,

Keros Cartwright. “Potential for

Contamination of Shallow Aquifers in Illinois” (1984), Circular

No. 532.

N1’LS. National Technical

Information Service. 5285

Port Royal Road,

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

“Methoda for Chemical Analy5iri of Water und Wustea,” EPA Publication

Np.

EPA

600/4

79

020 (March 1983), Doe.

No. PH

84

128677.

1tlhodsf~r.ihePcL~rzuSLi9&vf

Metals in Environmental Samples.’

EPA Publication No.

EPA/600/4-91/010 (June 1991)

~M~Lhp4afnLtPc1cwjtwtkQn

of Metals in Environmental Samples,

Supplement I,” EPA Publication

No.

EPAI600IR-94/1

11

(May 1994)

17

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ELECTRONIC

FILING,

RECEIVED, CLERK’S OFFICE,

SEPTEMBER 23,

2005

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Pc #67

*

*

*

‘1~.1~cThpjk,1ptthc.

P~tiiu

uatwn

or Organic Cornpou

in Drinkin’

Water,’

EPA

Publication

No.

EPAI600/4-88/Q39 (December

1988)

(revised July

1991); ~Me4heds

c-the De~ecSsetiet-~4Qcgt*Rie

“Methods for the Determination of Organic Compounds

in Drinking

Waier,

Supplement ii,’

EPA Publication

No. EPA/600/R-921 129 (August

~

Waler, Supplement

lll,~EPA Publication

t4o.

EPA/600/RS5/1

31

(August

‘Practical Guide

for Ground

Writer Sampling,’

EPA Publicution

No.

~

~

“Rapid A,~se~tneni.

of Exposure

to Particulate

Erni:zion~

from

Surface

~

_S

~

“Test Methods for Evaluating Solid Wastes,

PhysicallCheinieal

Methods,”

EPA Publication No, SW-846, Third

l:’ditioii (September1986),

as

amended by

Updates

1,

IIA,

III,

arid lilA (Final

Update lilA dated April

1998), Doc.

No.

955-001-00000-1,

US?S.

United Sta1c~

Geological Survey,

1961

Stout

Street,

De*ver,

GO

80294 (303)

S1i’1169

“TeQ~iquesof Water Re~curces1nvesugntion.~of die

United States

Geological Surrey, Guideline5 for Collection and

Fiel4~eIysts-ef

~

l4th4~I

Chapter D2(L98l).

Deeunients,

U.S.

(Jovernmeat Printing Offic-s-Washington,

D.C.

20402 (2O~2)

‘10 CFR 261, Appendix

11(1992).

4Q-C~

761,

Subpafl G

(2000).

~)e~—This

Section incorporates no later editions or amendments.

(Source:

Amended at

Ill. Reg., effective

Section 732.106

Laboratory Certification

18

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ELECTRONIC

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RECEIVED, CLERK’S OFFICE,

SEPTEMBER 23,

2005

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All

quantitative analyses

of

samples collected

au

or after January

1,

2003, arid

utililitkg

any of

the

approved test

methods identified

in

35

III. Adni,

Code 186.180. shall

he completed by

an

accredited

laboratory

in

accordance wilh

the

requirements of 35

III.

Adrn.

Code

186.

A

certification from the accredited

lab oratory suiLing that the samples

were analyzed

in accordance

with the rcguircmnents ci this Section shall

be included with

the sample results

when they are

submitted

to

the Agenc~Quantitative analyses not utilizing an accredited laboratory

iii

accordance with Pan 186 shall

he deemed invalid.

(Source: Amended

at

Ill.

Reg.

,

effective

SCL

tion 732_WS_

Ltcenscd_Piofc scional Fngjnc

Lt

or Lt~

~.nsedProfessional flwlo~i~t

~p~I~jQj~

All

investigatIons. plans, budget plans, and reports conducted or

prepared under

this

Part.

c~cLu!iing

Conect,ive Action Completion Reports

submitted pursuant to Sections 732.3

or

732.409 of this Part, must he conducted

or

prepared under

the supervision of a Licensed

Professional

Engineer or

Licensed Professional

Geologist.

high Priority Corrective

Action

Completion Reppris subnuitted pursuant

to Sections

732.300(b) or 72.409 of this Part must he

prepared

under

the supervision of

a Licensed Prolcssional Engineer.

(Source:

Added at

Ill.

Rcg..c.ftcctive

Section 732.110

~

of Plans. Budget Plans,

~

Certifications

a)

Aik~ns1hud~et

plans, and reports must he submitted to the Agejjçyppjorms

prescribed and provided bv~heAgency

and, it specified by

the A2ency

in writiug.

inanelecirtmicforniat,

‘~-‘‘‘~~

“i~

~

must meet the following rcgwremeuts

31.

The maps must be of sufficient

detail and accuracy to show reQuired

infonnation:

~~jhen~psniust

contain the map scale, an

~

orientation, and the date the map

was

created or

revised; and

3~

The maps

must show the following:

Al

The property boundary lines of the site, properties adjacentto the

site, and other properties that are. or may be. adversely affected

by

the release;

B)

The

uses ol the site.,

properties adjacent to

the cite,

and other

properties

that

are,

or may be,

adversely affected

by the release

19

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ELECTRONIC FILING,

RECEIVED, CLERK’S OFFICE,

SEPTEMBER 23, 2005

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(.j~_

The_locaticrt’,

it

dl

ui

uruit

an

~onncHSlsaNh~stkjndthe

cur itents of

each

US T; and

J2J~

All

s1n1ctu~çj~j~ther

imo

vernents, and other

learures

am the site.

propenies adineent to the

site, and other properties thaL are.

or may

~

!~ti.j5jUdw~:

~

buildings, puiu~~

islands, canopws, roadways and other

paved

iilSJJilthhcL

easemcuts

pfwjy~iiad

natural or man..madçppthwa~’s.

fr

~

arid reports mqst i~,,maile

or deli

cred to the address

cic~rIatertbtheAaericvThthndncv,srecoIdQjjhcclatedllcceitrnustbe

deemed conclusive

unless

a eontrar~dateisj~mvenhyadat~igpçjç~cei?t

from certjftcd

or registered mail.

~

owner oj~çrafor and

list

the owner’s or Qperator’s

full name, address,

and telephone number.

d)

AUpians, budget plans, and reports submitted pursutuit to this Part, excluding

Corrective Action Completion Reports submitted pursuant to Sections 732.300(h)

or2~P9oLthisPanrtiusrcpmajn

dliclo

Professional Eij~ineer

or Licensed

Professional Geologist,

Corrective Action

CompleTion Reports

subtuiued pursuant to Sections 732.300(b) or 732.409 of this

Part must cqJJii~ath~J

llsi

gcerithcanop from

a Licensed Professional

Frwinecr

tc~rPfy..~n4cr

penalty of law t1llL~llactiviticadb.~iJiIe

Lhe subiect

oLthis

plan, budget pIan~.QLrepodwe

con

ed miter

uly

supervision

or s~

conducted

tinder the supç~vision fanoth~LieensedPrQfcssjonal

Engineer or Licensed Professional Geologist and reviewed

by me; that this

plan, budget

plan, or

report and all attachments

were prepared under

my

supervL~jpn’that

to the

best of in

knowled ‘e and belief

the work

described

in thc,,phan, budget plan, or report has

been

completed in

accordance with the

Environmental

Protection Act 1415 llf

S

51.35111.

Mm.

Code 732, and

generally accepted standards and practices of my

profession~

and that the

information presented

is

accurate and complete.

I

ani aware there are significant penalties for submiujnsjalse

statements

or

representations to the Agency, including but not limited

to fines.

imnrisonn’ient. or both

as

Environmental Protection Act 1415

JLCS

5/44aa&~7.l7,k

e)

Except in the case of sites sub’ject to Section 732.703(c) or

(d) of this Part., reports

documenting theçp~p~etjon

of corrective action a

a site must contain a form

~

At a minimum, the lorm

must identify the

Land use

limitations

proposed frir the site, if land use limitations are

proposed; the site’s

common address, legal

description, anti real estate tax/parcel

index number; and

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ELECTRONIC FILING,

RECEIVED, CLERK’S OFFICE,

SEPTEMBER

23, 2005

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the

nani es

and

addresses

f

a

I rile

holhers ol

record of the site or

aiflporiion

of

the site

The

lorni must also contain

the following

certification,

ii’, original

signature, of all

title holders of record ot

the site or any portion

of the site,

or

the

agent(s)

ol such

person(s):

I

hereby

affirm

ihat

I

have reviewed the_attached

rcoort entitlcd

and dated

,

and

that

I

accept the

terms and conditions set forth therein

includinta

any

land

use limitations,

that app~~,p~ppcrtv

I own,

ifurthe~

~Fitirt

her

Remediatiori

Letter cent aJrmrgjhe terms and corjdtuon

identified

dither

reppgitpQti

the pfl~er;vlow1L

(Source:

Added at

ILl.

Keg.

,

effective

Secliun

732.112

Notif cation of Field Aenvities

The A~encymay require owners

and

qperators ionunfy

the Agency of field

activities pjj~fJpjhc

date the

Field

activities take place.

lie

notice

must

mciude information prescribed by the

“~‘~‘~

)~_!3Lti’

-

~

-.crptk3nnirhe

Reid

~.

tI_c

conducted, the

person conducting the activrtics,~aridthe

date, time, and place the

activities will

he conducted, the Agency may, hut

is

not re~uircdto, allow notificatiou~y,relephoneahtcsimH~

or

electronic mail.

This Section

does

riot

apply

to

activities conducted within

45

days

plus

14

(lays alter initial notification

to IEMA of a release, or to free

product removal activities

conducted

within

45 daxsplusl4du

s

after the confirmation of the presence of free product

(Source:

Added at Ill.

Reg

,

effective

Section 732.114

11.55’!’ Advisory

Committee

Once each calendar guailer

the Acency must meet with a LUST Advisory Committee to discuss

the Agency’s

iniplernentation of this Part, provided

that the

Agency or

members of

the

cQgimluep raise

ne

or inUre

issues

for discussion

The LUST

Advisory CommiLtee

titList

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

ktthe

American Consulting Engineers Cottricil

of illinois, one member designated by the Illinois

Society of Professional Engineers, one member designated

by the Illinois Chanter of the

American Institute of Professional Geologists, one member designated

by the Professionals of

llth.iois for the Protection

of

the Environment, one member desi~natcd

by

the Illinois Association

of Environmental Laboratories, one member designated by the Illinois Environmental

Regulatory Group, one member designated

by the

Office of the State Fire

Marshal,-and

one

member designated by the Illinois Dep~j1mentof Transpniiation,

arid

two mcrrihcisdc.~jgi:iated

b~

(Fir, (,o~ctilo rr’j~jj

Pt

rue

ii

r’~n

NO

U

~lOte

‘eat o~ui

r

stIi~lt

SI

cii

Members

of

the LUST Advisory Committee must serve without compensation.

(Source: Added

at

Ill.

Reg.

,

effective

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ELECTRONIC FILING,

RECEIVED, CLERK’S OFFICE,

SEPTEMBER

23, 2005

***USIPC#67***

SUBPART B:

EARLY ACTION

Section 732.200 General

Owners andoperators of underground storage

ranks shall,

in response to all confinned releases

of

petroleum,

comply with all

applicable statutory

and

regulatory reporting and response

requirements.

J415

IL

çs

~

No

work

plan

or

co~espondina

budget plan shall be required for conducting early action activities~j~cluding

free product

removal

activities conducted more titan 45

days after confirmation of the presence of free

product.

(Source: Amended

at

Ill

Reg., eltective

Seclion 732.202

Early Action

a)

Upon

confirmation of

a release of petroleumn from an

UST

system in accordance

with regulations promulgated

by the OSFM, the owner or operator,

or both, shall

perform the following initial response actions within

24

hours after

the release:

1)

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

2)

Take imnniecliate action to prevent any further release of the regulated

substance to the environment;

and

3)

Identify

and niitigate

fire, explosion

and vapor haLards.

b)

Within 20

days ther initial notification

to

EMA

of

a release plus

14

thivs~

ei4et

confirmation

of a rolcuse

of petroleum from a UST system in

accordance

with

regulations promulgated

by

the OSFM, the owner or

operator shall

perform the

following initial abatement measures

-

1)

Remove as much of

the petroleum

from

the UST system as

is necessary to

prevent further release into

the environment;

2)

Visually inspect

any

aboveground releases or exposed below ground

releases

and

prevent

further migration of

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

or corrective action activities.

If these remedies

include

treatment or

22

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ELECTRONIC

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RECEIVED,

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SEPTEMBER 23,

2005

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disposal

of soils, (lie owner or operator shall comply with 35111

Adru.

Code 722, 724, 725,

and 807 through

815:

5)

Measure

for the presence of

a release

where contamination is most

likely

to

he present at the LIST site, unless the presence and source of the release

have been confirmed

in

accordance with

regulations promulgated by

the

OSFM.

In selecting sample types. sample locations, and measurement

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

substance,

the type of backfill, depth to groundwater and other factors

as

appropriate

for

identifying the presence and source of the rcleasc;

and

6)

Investigate

to determine the possible presence of

free. product, and begin

free product removal

as soon as practicable and

in accordance with

Section 732203.

c)

Within 20

days after

initial notification to IEMA of a release pIus

14

days, the

owner or operator after confirmation of a release of petroleum from

a UST system

in

accordane3 with

regulations promulgated by the OSFM, owners or operatorE

shall

submit a report to the Agency

summarizing the

initial abatement steps taken

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

The

report

shall be submitted on

formi~

prescribed and provided by

the Agenoy and, if

h~‘be

A~

hen

nou~

C.

114 lIft-,

e~H~4~h

d)

Within 45

days

after initial

notification to

IEMA of a release plus

14

days, the

owner or operator after coMirmation of a release, owners

or operators

shall

assemble

infon-nation

about the site

and the

nature

of the release, including

information gained

while confirming the release or completing the initial

abatement measures in subsections (a)

and (b)

of this

Section.

This

information

shall

include, but

is not limited

to,

the following:

1)

Data on the nature

and

estimated quantity of release;

2)

Data from available sources or site investigations concerning

the

locations of wells potentially affected by the release, subsurface soil

conditions,

locations

of subsurface sewers, climatological

conditions

and

3)

Results of the site check required at subsection (b)(5) of this Se~tion;~~4

4)

Results of the free product investigations

required at subsection (b)(6)

of

this Section, to be

used

by owners or operators

product

must

he

recovered tinder Section 732.203 QLffiIPaa

C)

Within

45

days after initial

notificationt

IBMA of a release plus

14

days,

the

owner or operator after co~irmation

of

a release of petroleum4rom

a UST system

in accordance

with

rogulations

promulgated

by

the OSFM, owners

or operotom

23

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ELECTRONIC

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RECEIVED, CLERKS

OFFICE,

SEPTEMBER 23, 2005

***USIPC#67***

shall submit

to

the Agency the

~n(u

--

I

-ation collected in

compliance with

subsection (d) of this Section

in a manner

that demonstrates

its

applicability and

technical adequacy.

The

information shall be submitted on forms prescribed and

provided by the Agency and,

if specified by the Agency

by written notice, in an

electronic format.

IT)

T’~’.

‘twithstanth;n~

cmv

othercorrective action taken.

an owner

or operator may,

at

a

upjuirnupi,

and floor

/0

sub,nicx,on

of

Imy

p/as

to

the Agency,

remove

the tank

system,

or abandon the underground storage

sank in place,

in

accordance wit/i

the regulations promulgated by

the Ut/ice of the State Fire

Marshal

(seC

41

Ill.

AWn.

Code

160,

1

70,

1 80.

200).

The owner may

r4qnOm’e

visibly coneamnia;edfdI

material and

any grovndwater in

the excavation

which

exhibits ashecit.

For

/~~c-tzoticostsh~flthc

removed

in

cur anjo;uit in excesy~f~4

feet from the outsith’ thinen oofls

Qf

1/IC

tank.

Early action may also include disposal

in accordance with

applicable regulacions

or

cx

situ treatment

o

contaminated

fill

material removed

from within 4 feet

(ruin

the otjtsjde dirnenslo

~of

~

the Act

1415

ILLS

5157M(b).

g)

For purposes

of pa~~nt

from the Fund ceimbursernen4,

the activities set forth in

subsection

(fl

of

is the Section shall

he perfonned within

45

days after

initial

notification

to

IBMA of a release plus

14-7 days, unless special circumstances,

approved

by

the Agency

in

writing, warrant continuing

such activities beyond 45

days pIus

147—days. The owner or operator shall notify

the Agency

in

writing of

such circumstances

within

45 days

after initial

notification to

IEMA of a release

plus j.4..7 days.

Costs

incurred beyond 45 days plus ~

7~days shall he eligible if

the Agency detemuiues that they are

consistent with

eamly action.

BOARD

NOTE: Owners

or operators seeking pQyment from thckpnd

reimbursement are to

first notify

LEMA of a suspected

release arid then confirm

the release within

-*ven

days to IEMA pursuant to

regulations promulgated by

the OSFM. See 41111.

Adrn. Code

170.560

and rI70580,

170.600. The Board is

setting the beginning of the payment rcimhurncment period at subsection (g) to

correspond to the notification and confirmation to IEMA,

h)

The owner or

operator shall determine

whether the areas or locations of soil

contamination exposed

as a result of early action excavation (e.g.. excavation

boundaries, piping rims) or surrounding USFs that remain in place meet the

t

stringent Tier

1

~

apolicable indicator contamjnants, applicable Tier I

remediationobjectives

punuanl to 35

III.

Mm.. Code 742, Subpart F.

Six sumplenh.ull

be collectod, one

on each sidewall and tv.’o at the bottom of the excavation.

If contaminated

and analyzed forthe applicable indicator contaminants.

Additional samples may

24

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ELECTRONIC

FILING,

RECEIVED, CLERK’S OFFICE,

SEPTEMBER

23,

2005

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jijLa!uuOmjduL.L2LeaclI

.JST

that

is

i’cnnrved,

We owner or opei

Lw shall

cpUc!t4nch!lalvzc_SPIL

JcS..41LL121.

...JIILA&flc.IJllWiLalPW

ai~

alternate

location for, or excuse the collection of, one or mole saj~~jc.~if

sample collection

in the following locations is made inipract

cable by site.

specific

circumstances.

Aj~

Oain

he must

be collected

Time

sam

pIes ntust he

collected from locations representative of

soil

that

is the n’q~t

contaminated

as a result of

the release.

If an a

of contamination canilot

be identified on

ml wall

the samile must

be collected from

the center of the wall length

at a point

located

one-third of the

distance

from the excavation floor to the

ground

surtacc. Fv

texceed 20

feet

in length,

one sample must

~c1U.cacs,LfoL,c1,~P~

feet of wall

length, or

fraction thereof, and

For IJSTs abandoned in place. the

samples twist be collected via

borings drilled

as close

as practical to the UST backfill.

B)

Two samples must he rolected

from the excay~mtiontloorteipw

~çhUSTwiffiavoIu~pfj4~0aIlons

or more.

One sample

niust~çcQllcctc~frç’rn~.hc

excavatmon Iloor

below each USE

with

a volume of less

than 1.000 ~a1kins. The samples

must be

~

of soil

that

is the most

contaminated

as a result of the release.

If areas of contamination

cannot he

identified,

the samples

must he collected from below

each end of the USTifitsyQjjimr~eisl0(flaIlpnsofjnore.and

from below

the center of the

LIST if its volume

is less

than

1.000

gallons.

C)

One sample must be collected

from

the floor of each 2(1 feet of

UST piping run excavation, or fraction

thereof.

The samples must

he collected

x’oinaloqarion representative of soil that

is the most

contaminated as

a result of

the rekase.

If an area of con~jmniinp,uon

~

of piping run excavation being

sampled. the sample must be col1~c~ctirsuthss~ni~rQfjhQ

length being sampled.

For UST piping..abandoned in place, the

samples

must

be collected in accordance with subsection

(h)(2)(B)

D)

If backfill is returned to the excavation, one representative sample

c?Lth~,k,~ckfüUai~s,.kqllectS

for

each

100

cubic yards

of

E

The samples

must he analyzed for the applicable indicator

~

of a used oil UST, the sample that

~~~çarsto be the most contaminated as

a result of a release from

i

ç

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ELECTRONIC FILING,

RECEIVED, CLERK’S OFFICE,

SEPTEMBER

23, 2005

***~5~

~PC#67***

the

uNed oil

lIST

mitu~Ibean4y~edimiacconF.incewithSecflon

7jflj_fii.~g~pf

U

PariLo

en

the indicator

contamimIanl.s

lot-

Tlie

re nlaimitn

s

am

les

Colicete

~hs

ectio ris

(h)(I )(A)

throu

1411

(D)

of this Section

mLlst

timen

be atialvted

for thc

~

-

-,

,A~

a~mJiamlluk~J~j

cad

USTthatrc~pjiinsJLpjacc,the

owner or operator

must collect and aj~glyzesg~jsampj~s

its ~

an alternate location for, or excuse the

clnllmg of, one or

more borings if

drilling in

(lie following locations is made

imp

cucuhlebysiK~ecific

circu.i

115th

necs.

MQriI1I~usthedrillediitthe&~ter~iiitalonemtchsi~f

each

LIST, or

aba

each sida of each cluster of

rrumliiple IJSTs,

~

in length, one boring

must he drilled for each

20

feet ,tt.s,idcleiith.orfractjonthercoC

and the borings

roust

he ci~s

acedalong the side.

he borings

~w*h~~rtliccha

the natt~csomNurowidirigthe

US

1 L~La’~s~

as

close practicable

to,

hut

not more than

five feet front,

time backitli

~~~tepalsijruundni

the

LIST(s),

Each boring must

he drilled to a

depth of

30 feet below

grade,

or

until ~

çounteredwhicl1everishcss.~p~jiisni~mhedriIled~low

the

amujidwater table if sires

cific coniditiomis

warrant, hut no

more

than 30 feet below

grade.

flL_Th&~orins.~neoneach~IJeofihepipin2nIusthe

d~Uled

for

~

UST pi.fing,or fraction thereof, that remains

n

p~çç~.Theborins

must

be drilled a~

clq~e~c~ticahIe

to

hut

not

t~r~ihan

fiy,Q fQet from, the 1ocg~..pfsuscctedii~g

releases..

If

no release is suspected

within a ien~hof LIST

piping

being sampled, the borings must be.4rilled in the center of die

Length hejrw sampled.

Each harin~must be drilled to a depth

QL1~~

feet below grade~~j

out ii groundwater

or

bedrock

i.s encountered,

whichever is less. Borings mJ!y,~cdrilled below the groundwater

ia~leifsite specific condiUons wart

nt,

butny n~oje

than 15 feet

below grade.

For UST pipin~zthat is removed. samples

numm

be

collected from the floor of

the piping run

in accordance with

subsection ~hX

1 )(C) of this Section.

C)

if auger refusal occurs during the drilling of a boring rc~ired

under subsection (h)(2XM or (B) of this Secton,.fre boring must

be drilled in anAi!ernate location that will allow the boring to be

drilled_to the reuuired depth.

the

alternate location must not he

morQffian five feet

from the~prinp

ogjrwl

loc41~on.If auger

refusal occurs during drilling of the borin~Jnthe alte

location,

drilling of

the boring must cease and the soil samples collected

---

ELECTRONIC

FILING,

RECEIVED, CLERK’S OFFICE,

SEPTEMBER

23, 2005

***USIPC#67***

Item

the

location

in which the

boring

was drifled

to the ~te~flte,7t

d&jLthnmst bc

anal y7.cd for the

applicable

imidic utou conlaininimts.

D)

One soil sample must he coflectc4fton) each

Inc-foot

inkrvai

ofr

~.Qck~Qj&L~aL1ff5sULnder

subsections (hX2)(A) through

(C)of

this $cction. Each s~piienius!becolleeteci from the location

within the

five—foot interval that is

the most contaminated as a

resLilt of the release.

If un are

cpflp.n~~~jonjjjnnofl,~e

identified witljjpa five-fool

interval,

the sample must be

collected trpm th~center of the five-foot interval, provide~

ho~’eycr.

that soil

samppj~smust nQl. beeo

lçfJe~

from soil

below

the

groundwater table ,.All samples

must be analyzed for

the.

applicahie indicator_contaminants.

~I

)

If the

QststririgentTiQrl

remediation objectives

135

Ill.

Adni.

Code

742 for

the applicahie

indicator contaminants have

been me!.

and if none

P

~s,n

fl~..L

,iujjth~tiOnS

(hp4)(A) through

tC)

are met,

within

30

days after

the completion of early action activities

there

kiio

evidence that conu~matcdsoiL may ha ocm4Iy-hese-been4wt’eMfte+

wtth—growulwatcr,

the owner or operator shall submit

a

t~

tM’ilcv

IRH’’U

eefflpletien report

demonstrating compliance with those j’emediatioa

objectives, The report

must include,

hut

not

be

limited to,

the

following:

AL

Ash~r~cSi~fJz,~Pcmpf

the site

that, demonstrates compliance with

the

rnos; stringeni

‘bier

I

re.mediation objectives of

35

111.

Adni.

Code

742 for tile

applicable indicator contanrinants~

B)

Supportijiadoeumentthon, including, hut

not limited

to, the

~llo~vrn:

i)

A site map tmleeting the reQuirements of Section

732.1 lO(a)(I) of this Part that shows

the locations of all

samples collecled pursuant to this subscction

LhR

ii)

Analytical results, chain of custody forms, and laboratp~y

certifications for all samples collected pursuant to this

subsection

(h); and

iii)

A table. comparing the analytical results of all

samples

collected pursuant to this subsection (h) to the most

stringent Tier

I

remediation objectives of 35

III. Adm.

Codtt42

for the

applicable indicator contaminants; and

C)

A site

map containing

only the

information i’eguired under Section

732.1 lO(a)(1) of this Part

---

ELECTRONIC FILING,

RECEIVED, CLERK’S OFFICE,

SEPTEMBER

23,

2005

*

*

*

U

S

I

-

Pc #67

*

*

*

4j2)

—If the ~

smFIn.E~&ntIi.

I

I

i

I’m

di4~

iøii

oh~ectI\

C’

(it

~S

Ill

kIln)

Coih

2*~Jo

hear~licabi

nd cat

ruontarninants have

not

been

met,

or if onc

2LmoreoLil1efi?lli1~’imatcLiteriaare met,

t4hq.~t

~u,ko~’~ du*~

the owner or operator shall continue evaluation

in accordance with

Subpart C

of this

Part

A)

l’hete

is evidence that groundwater welts have been impacted

by

die xkiase

a hove ihe umsi

sttin’eiit Tier

1

~‘~Q!,~aiL~JQ0

objuctives

of 35

IlL

Adm.. Codç~742 for thea~ahleindicatQrcQIltatniIrants

(e.g.,

as found durinarele.ase coni,lrmation or prey)

is corrective

action measures);

B)

Free

product that

may inipaç_gicundwater

is found to

need

C)

There

is

evidence that coantite4~ilsnia’beorina’1jjae

been in contact with gfoundwateç, unless:

The

owner or

opem’ator pumps the excavation or

tank cavity

dry, oropedy disposes of

‘all eontarninaied water, and

kmpj~trai~s,,LQUJeA’er;cv

that no recharge is evident

~

ii)

The Agency determines

that further groundwater

~~yçstiatnisnot_neces~~.ty.

BOARD NOTE:

Sec~ien

57.7(u)(IXB) of the Act liiniL~

payment or teimbur~rfneM—f+etii

the.FuS~foeremevef-eeeian4+nated4$l_1m+4ect1l-.duf+n~-efw1y-uet+eH-aew.itic~.

Owneni

~

.*r.t’eirt+4~r~Nen+etH.’-—$ee”&Dh~tfl±’4~-.fl

(Source:

Amended

at

Ill, Reg.

,

Section 732.203

Free Product

Removal

a)

Under any

circumstance

in which

conditions

at

a site indicate the presence of free

product, owners or operators

shall remove, to

the maximum extent practicable,

free

product exceeding one-eighth of

an inch

in

depth

as measured

in a

groundwater monitoring well. or present as a sheen on

groundwater in the tank

~

to

the maximum

-eMent

practicable while

initiating or

continuing ally actions required pursuant to this Part or other

applicable laws or regulations. In meeting the

requirements of this Section,

owners or operators

shall:

28

---

ELECTRONIC

FILING,

RECEIVED,

CLERK’S OFFICE, SEPTEMBER

23, 2005

*

*

*

U

S

I

-

PC #67

*

*

*

1)

Conduct free product removal

in

a

manner that

minimizes

the spread of

contamination into previously uncontaminated

zones

by using recovery

and disposal techniques appropriate to the hydrogeologic conditions at the

site and that properly treats,

discharges or

disposes

of recovery byproducts

in compliance with applicable local, State

and federal

regulations;

2)

Use abatement of free

product migration

as

a minimum

objective for

ihc

design of the free product removal system;

31

Handle any flammable products in a safe and competent manner to

prevent tires or explosions;

4)

Within 45

days after the

confirmation of presence of free product

from a

LJST,

prepare and

submit to the Agency a free product removal

report en

t’*d~,,~tti’l’4ln’~A2eflc~

,,,~,,l

4

~t~,4tt~~J

~

The report

shall, at a

minimum, provide the following:

A)

The name of

the persons responsible

for implementing

the

free

product

removal

measures;

B)

‘rhe estimated quantity, type and thickness of free product

observed or measured

in wells, boreholes and

excavations;

C)

The type of free product recovery s ysteni used;

D)

Whether

any discharge will

take place on-site or off-site during the

recovery operation and where

this discharge will

be located;

F)

The

type of treatment applied to,

arid

the effluent quality

expected from, any discharge;

F)

The steps that have

been or are being taken to obtain

necessary permits

forany discharge; and

G)

The disposition of the recovered free

product; and

H)

The steps taken to identify

the

source and extent of the free

product: and

I)

A schedule of future activities necessary

to complete the recovery

of free product still exceeding one-eighth of an inch

in

depth

as

measured

in a groundwater monitoring well, or still present as a

sheen

on groundwater in die tank removal excavation or on surface

~

‘~I1

I

k

~“~‘~,H~the

29

---

ELECTRONIC FILING,

RECEIVED, CLERK’S OFFICE,

SEPTEMBER

23, 2005

***USI

~PC#67***

siihrnissiono1plansaaLibuc~ggtsrecwrcdpursuant to subsections

~

and (dj of this Section: and

5)

If

free

product

remowil

activities am conducted more

than

45

days

after the confirmation of the presence of free product,

submit free

product removal

reports

in accordance with a

schedule established by

the Agency.

Ii)

Icr

purposes of pa

‘ruent torn

the Fund *eihec,

,

owners or operators

are not required to obtain AgencY approval

pwM1aef4e-~ee44en-4fl-2~2f~3 for

free product removal

activities conducted within mefe4h’as 45 days after

confirmation of

the presence of free product $~i’~iul

riu4ificwion to JEMA

of a

S

c)

If free

prq4

et ten

activities will

he conducted

more than 45 da’s aftçr

the

c

hrmaiion

of the

resenceof

free

roduct

the owner or

o,peratpc must sr~jjtto

the Agency

for review a freej~oc1uctremoval

plan

The plan

must

he

submitted

~ith.1h~ircpLcisJuciri~mQnLQponrc2MIcc4llticsr.1hs~tiorl

(afl4) of this

Section.

Free product removal

activities conduç~4jnorethan 45 çj~y~

alter the

confirmation of thgj~Lescnceof free product must not

he considered early action

activjt~es,

ci)

Any owner or operator intending to seek payment

From the

Fund must.

prior to

conduerin~fteeproduct removal actiyities more than 45

days

~ifierthe

~9nfin1atiQni~fth~)tesenceofimcprpduQLAvh,nit

ty~

AgepcLa

free

nmducl

reirioval

btiçjg~t

Ian with the co~espondingfree product removal

plan,

‘the

budget plan must include,

but

not be limited

to. an estimate of all

costs

ass

ci

with

the development.

implementation, and completionQtthe

free prodtmct

~mo~anexc1~flcllincharesThehudct.lanshouldbecormsistent

with the

ehgmhle

md tneligrhle costs listed in Sections 732 ~,Qtgn4J32

6 of

tills

Part and the maximum payment amounts

set forth

in

Subpart H of this Part

the hud~etplan the

Agency may require a comparison between the costs of the

proposecLmcthod

of free product

removal and other methods of free

product

e)

Upon the Agency’s approval of a free product rg~ovalplan, or

as otherwise

directed by the A~encv,thc owner or operator must oroceed with free product

removal

in accordance

with the plan.

Notwithstanding any requirement under this Part for the submission of

a free

~~jiet

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

may proceed with

free product removal

in accordance with this

Section prior to

the submittal or approval of an n~g~wise

required free product removal plan or

budget plan.

However, any such plan and budget plan must be submitted to the

Agency for rcvicw anti approval,

relection. or modification in accordance with the

30

---

ELECTRONIC

FILING,

RECEIVED,

CLERK’S OFFICE,

SEPTEMBER 23, 2005

j~paceclumescoalainedmSuhpartEoiUusPartpjj~t~r~dvmcnt

for

amiv

costs or

the

issuance

Qf

-a No Further Remediauon Letter.

BOARD NOTE:

Owners orQpcrators proceeding under subsection

(1) o~this

Section

are advised

that

they

may

not he entitled

to full

payment from

the Fund.

Furihennore, applications

for payment must be submitted no later than one year

after the date

the Aecncv issues

a No Etinher Remediation

Letter.

Sec Suhp~tF

of

this

Part.

gL~.Jf, following approval of any free product removal

plan or associated budget plan,

an

owner or

Qp~tamordeterniijies that

a revised

plan or budget plan is necessary

in

order to compjete treeproduc’t removak the owner or operator must suh~pg,as

applicahlc. an

amcnded t.lu

cmoval

Ian

or associated budeer plait to the

A~mcimcyfor review.

The

Amzcncy must review and approve,

reiect,

or require

ffil

ttc

1Q2.S

li

mill4~tplanor

hudgçt plan

in accordanee

with Subp~nF

of

thts,J?art.

BOARD

N(DTE:

Owners

and operators are

advised

that

the total

payment from

the

lund for all

free

productLemov& plans

and associated

btmdget

plans

stmhmitted

by

an owper

or operator

must notexceed the amounts set forth

in Subpart

H

of

this Part.

(Source:

Amended

at

Ill.

Reg.

,

effective

Section 732.204 Application fur Payment of Early Action Costs

‘

“per:tnN

~m’,~rdti~c

‘o ‘ed.

pacmcnt

•.n

to

up.epfteot

tot cark

action acrt\ timc~,

excluding free product removal activities conducted more

than 45

days after corifinnalion of the

presence of free product,

are not required to submit a corresponding budget plan to-4he-Agefiey

prior (c-the application for pnynwn4. The application for

payment may be submitted to the

Agency upon completion of the eaiiy action activities in accordance with the requirements

at

Subpart F of this Part, excluding free product removal activities conducted more

(harm 45

days

after confirmation of the presence of free product. Applications for payment of free product

removal activities conducted more than

45

days

after confirmation

f the presence of free

pjpduct may be submitted upon completion

of the free product removal

activities.

(Source:

Amended

at

III.

Reg.

,

effective

SUBPART

C:

SITE EVALUATION

AND

CLASSft1CATION

Section 732300 General

a)

Except as provided in

subsection (b) of

this. ~Section,orurless

the owner

or

operator submits a reporl pursuant to Section 732.202(h)(3) of this Part

~m2nstTatinthaUhe

most stringent Tier

1 remediation objectives

of 35

III.

Mm.

Code 742 for the

applicable indicator contaminants have been met,

the

31

---

ELECTRONIC FILING,

RECEIVED, CLERK’S OFFICE,

SEPTEMBER 23, 2005

***USIPC#67***

owner or operator of any

site subject

to this Part

shall evaluate and classify the

site

in accordance with the requirements of this Subpart

C’.

All such sites shall

be

classified as

No Further Action,

Low Priority or

High Priority.

Site

classifications

shalL be based

on

the results of the site evaluation,

including, but

riot

limited

to,

the physical

soil classification and the groundwater investigation,

if applicable.

h)

An owner or operator may choose

to conduct remediation sufficient to satisfy

the remediation ohiectives

in Section

732.408 of this

Part as

an alternative

to

conducting

site classification activities pursuant to this Subpart C provided

that:

I)

Upon

completion of the remediution. the owner or operator shall submit a

corrective action completion report, (Jernonstrating compliance with

the

required levels.

th~’

c~Lit,i~~!

~aitjuuLc2~tu~a:j

iJflu

U!~t!~i~’,

o~

apart

ive aid timetable dc~ihingthe implementation

and

compLetion of all elements

of the remediation and the procedures used

for the collection and analysis of samples, soil boring logs, actual

analytical results,

laboratory certification, site maps, well

lops, and any

other information or documentation relied

upon

by

the Licensed

?snfcssional Engineer

in reaching the conclusion that the

reqpiremnents of

the Act and regulations have been satisfied

and

that no

further remediation

is required at the

site.

\\Tith the exception of Federal Landholding Entities

~

~

with

the corrective

action completion report, a form prescribed and

.

t,he~ec

~

~Wflef44f.lpeft4$+~.~*WIkje*t~rt4*e1

~W94.+~tIe!t4t~”fHt+~f

-e-*

~.

the form.

Where the owner or operator either

doe5 not own

or dopa not

M’k’r0w444iW

.tner4lt

~4~IwI4a

eM’H444r 00t4

~f4.h~hk.

oh

4kt~t’so+”a

csrtification by original signature of

the title

holder(s) of record for the

~“~‘~mc~

site

or each portion thereof, or the agent(s) oNuch person(s),

I

accept the terms

end conditions ~.ctforth

therein,

including any

land use limitations, that apply to property

I own-.

4

further

eertify

that I have no

objection to

the

recording of a No

Further

Remediation

Letter containing the ternis and conditions

identified

in

the

corrective notion completion report; and

A)

Documentation of the water suoply well survey conducted

pursuant to subsection (bX3) of this Section must include.

bu+-’*tcM

U.

~4:~.flflp

following: The location of the community water supply

~&&llutpc~

other potablp~~s~ç~sulwellsidentified

pursuant to subsection (bX3) of this Section. andthe

32

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ELECTRONIC

FILING,

RECEIVED, CLERKS OFFICE,

SEPTEMBER

23, 2005

***USIPC#67***

setback

/OI1C

for

cacti

welt:

the location and extent of

~

on areas

identified pursuant

current extent of

gr

to subsection

oundwate.r co

(b.X3) of this Section; the

ntamiiiation exceeding the

objectives of 35111.

Mm.

Code

742 for the

applicable

indicator contaminants; arid

the

modeled extent of

ground water contamination exceeding the

IicrJ

groundwater ingestion exposure route remediation

o~çrivesof 35

111.

Mm.

Code 742 for th~s~pplicah!e

indicator contaminants.

~‘ne

~.

~

~c:h:t~ki

~

comnnuinilv water supply

well

and other

potable water

sj~ywe1Lsklenrifiedpursuant to subsection (h)(3) of

his

Section

~j

arr~i~

h~L..c4tAminu1

icifr@.tc..L~4clI

entity

contacted to

identify potable

water supply wells

pursuant

to

subsection (b)(3) of this Section, the name and title

of each

~çisppcppt~ç~g4~t

each

entity1 and

field ob5ervations

associated with the

identification of potable water supply

wells-, and

iv)

A certification from a Licensed Professional Engineer or

Licensed Professional Geo~gjstthat thewater supply well

survey was conducted

in

accordance with the requirements

ol

subsecuori

(b)(3) of

this

Section and that the

documentation submitted pursuar!up~ubsectionh’1A

of this

Section

incLudes file information obtained as a result

of the survey.

B)

The corrective action completion report must he accompanied

by a

certification from a Licensed Professional Engineer

stating that the

information oresented in the appli~ahlereport is accurate and

complete,

that corrective action has been completed in accordance

with the requirements of the Act and subsection

(bY

of this Section,

and that no

further remediation is

required at the site.

2)

Unless an evaluation pursuant to

35

III.

Adm. Code 742 demonstrates that

no groundwater investigation is necessary, the

owner or operator must

complete a groundwater investigation under the following

circumstances:

A)

If there

is evidence. that groundwater wells have been impacted by

the

release above the most stringent Tier I

remediation objectives

of 35

IlL Adm.

Code 742 for the applicabic indicator contaminants

33

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ELECTRONIC

FILING,

RECEIVED, CLERK’S OFFICE,

SEPTEMBER

23, 2005

***USipC#67***

-Plefcesj4eRHe1-ntnlhers

set forth in 35

(ft

Aditi Code

712.Appendix

B (cg.,

as

found during release confirmation or

previous corrective action measures);

B)

If free product that may impact groundwater

is found to need

recovery in compliance with Section 732 203

of this Pan; or

C)

If there is evidence that contaminated soils may be or

may have

been

in contact with groundwatei~except that, if the owner or

operator pumps the excavation or tank cavity dry, properly

disposes

of all contaminated

water,

and

demonstrates to the

Agency that no recharge

is evident during the

24 hours following

pumping, the owner or operator does

not have

to

complete a

groundwater mve.stigation,

unless the Agency’s

review reveals

ihat

further groundwater investigation is necessary

3,)

_~,~j~pa.n

of the rernediation conducted

tinder suh~cctionIb)

of

this Section.

stconduc!awatcjw,piv¼vellsLlrveirl

accordance with this subsection (b)(31

A)

At a minimum,

the owner or

Qflcrator must iden

wEner supply wells located at the

site or

within 200

fQQt,,of the kite

all coinniunity water supply wells Joeated at the site

or

within

2.500 feet of

the site, and ~

protection areas

in which the sitç idQ~aJcskhc.tii?imi~ikgnjQ

followia

I)

Contacting the_A~gc’sDivision of Public Water Supplies

to identiFy community water sunplv wells. regulated

recharge areas, and wellliead

nrotection areas;

ii)

Using current informatioQrpm

the 1ilinpi,taj~

Geological Survey, the Illinois State Water Survey, and the

Illinois Department of Public Health (ortl~

county or local

health department delegated

by the

Illinois

Department of

Public Health to permit ~table

water supply wells) to

identify ~otab1cwater su~nlv

wells otbcnthan community

water supply wells; and

iii)

Contactingilie locai public water supply entities to

identify progenies that receive Dotable water from a public

water supply.

B)

In

addition to the potable water supply wells

identified pursuant to

subsection (b (3 )(A) of this Section. the owner or operator must

34

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ELECTRONIC

FILING,

RECEIVED,

CLERK’S OFFICE,

SEPTEMBER

23, 2005

*

*

*

U

S

I

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PC #67

*

*

*

cteridtiiewt1erM~jp,plvu,~4jj2t~eifsoll

OF

~n)iitidwater

~

ingestion

exposure route remediation

ob~ectives

of

35

III. Adnt

Code 742

for

~

indicator contamInants

extends _be~ondthe site’s

property houmiarv1j~j~s,pan

of remediatj~Lheown

operator leaves

~pl

ace soil

or groundwater conlanliriation

exceedin,gjhe Tier

l,gfoundwaterin,g~3Jiexppsj1fçrntne

remediation objectives of 35

Ill. Mm.

Code 742 for the applicable

~n~kr~cfflitrgIjact~iand

contamination excc~dmg

such

oj?ectkes

is

rtiodelecl to migra

opd

the site’s p~~p~çty

boundary. At

a minimum,

the extended water supply well survey

must identify

the fol~in:

jj_~~A1iju

dabte water supply

weLls

located within 200 Feet, and

ci

the

current

or modeled extent of soil or

groundwater

contamination exceeding the

Tier

1

groundwater in2estion

c~uc1~1tLQiptg?LLQmcthation_objectives

ol’ 35

III

Adrn.

Code

742 (or

the applicable

lica!pr contaminants; and

jjj___~flre’ulatc,~jecharge

areas

and wellhead protection

areas

in

which the current

or modeled extent of soil or

g,~~~qft~,water

contamination ex,~ççdintFieTierl

groundwater

inaestion exposure route

remediation

ol~echvesof

35

lll~

Mm.

Code

742 for the applicable

indicator contaminants is lpcated.

)

The Agency may retittire

additional irivestigaiiou

of potable water

supply wells, regulated recharge areas, or

wellhead protection

areas

if site-specific circumstances

warrant.

Such

circumusrctnccs

must

include

~—.‘‘-~

“‘

the

ru’ucnt

C

o~

inc

.~

parcels oj,p~jert

within ~Q,0

kQt,,QfshQcpncnt or modeled extent

of soil or groundwater contamination exceeding ito Tier

I

groundwater ingestion exposure route reniediation objectives of 35

HLMm4,,cQdcj4,,ZiQLthe

applicable indicator contaminants

where potable

water is

likely to be used, but that is not sen’ed by a

public_water supply or

a well identified

pursuant to subsections

(h)(3)(’A) or (hX3)4b) of

this Section.

The additional investigation

0fl4

tfl’

hitjt

~

~

+~‘~

interviewing property owners, investigating individual properties

for wellheads.

distributing door hangers or other

material that

requests information about the existence of potable wells on

the

pjQflçllv,

etc.).

BOARD

NOIE:

Owners

or operators proceeding under subsection (h) of this

arc’ adcv~cdthai

flies

arc

not

n

wi~H+e

entitled

~oh~dpayrnern

H~’td

---

ELECTRONIC

FILING,

RECEIVED, CLERK’S OFFICE,

SEPTEMBER 23,

2005

***USIPC#67***

the Fund for costs incurred after completion of carl~actionactivities

in

accordance

with

Stihpart B.e*-eimb+s*~metthSee Subpart

F ol this Part.

c)

For corrective

action completion reports submitted pursuant to subsection

(b) of

this Section,

the Agency ,chalL issue a No Fut

her Remediation Letter upon

approval

of the report

by

the Agency

in

accordance with Subpart

E.

(Source:

Amended

at

Ill.

Reg.

,

effective

Section 732.302 No Further Action Sites

a)

Unless

an owner or operator elects

to classify a site under Section 732.312, sites

shall be

classified as

No Further Action

if all of the following

criteria are

satisfied:

1)

The physical soil classification procedure completed in accordance

with Section

732.307 confirms either of the

following:

A)

“Berg (2irculaC

i)

The

site

is located in an area designated D, E, For G on

the

Illinois State Geological Survey Circular (1984) entitled

‘Potential

for Contamination of Shallow Aquifers in

Illinois,” incorporated

by reference at Section 732.104 of

this Part; and

ii)

The

site’s

actual physical soil conditions are verified

as

consistent with those designated I), F, F orG

on the illinois

State Geological Survey

Circular (1984) entitled “Potential

for Contamination of

Shallow’ Aquifers

in Illinois”; or

B)

The site soil characteristics

satisfy the criteria of Section

732.307(d)(3)

of this

Part;

2)

The 1.1ST system is

not within the minimum or maximum setback zone

of a potable water supply well or regulated recharge area of

water supply

well;

3)

After

completion of early action measures in

accordance with Subpart

B

of this

Part,

there is no

evidence that, through natural pathways

or man-,

made pathways, migration of petroleum

or vapors

threatens

human

health

or human

safety or may cause explosions

in basements, crawl

spaces, utility conduits,

storm

or sanitary sewers, vaults

or other confined

4)

There is no designated Class

III special resource groundwater within 200

36

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ELECTRONIC

FILING,

RECEIVED, CLERK’S OFFICE,

SEPTEMBER

23, 2005

*

*

*

U

S

I

-

PC #67

*

*

*

Feet

of

the

IS’’

system

:

anl

~)

Alter completing early action measures in accordance

with

Subpart

B of

this

Part, no

s’iH,

ce bodies of water are adversely afl

c’ted

by the

1esrl

of

3

visible sheen or free product

layer as a result of a release of

peti’olc

Urn

H

(3rountt~

ater inveshgation shall he

required to

confirm that a site meets

the

criteria of

a No further Action

site

tithe Agency has received information

inclicatin~

that

the

groundwater is contaminated

at levels in excess

of the most

stringent

I

Icr

I

rcinedi

at ion

ohiec

Ii

es of

S

Ill

~dni

(

ode

742 for the

appLicable

indicator conlaminauts

uppliceble groundwai& ubjeeuvr~.;p~cifiedin

M”4lh-Adnt-?e4e442-at

the property houndary line

or 200

l’eet from the

(1ST

system, whichcvcr is

less.

in such cases,

a

groundwater investigation that

meets

the requirements of Section

732.307~)shall he

per

ned.

If the investigation

confirms

i.heie

is an exceedence

at’

the most stringent ‘fierireniediation

objectives of .5

III.

Adni.

(‘ode

742 for the aw)I!cable indicator contaminants

~

Mm.

Cc;d~

7-14Appet*44x443.

the

Agency may reclassify the

site

as

Uigh

Priority.

(Source:

Amended

at

Ill. Reg.

,

effective

Section

732.303 Low

Priority SiLes

T.Jriless an

owner or operator elects to classify a site under Section

732.312,

sites shall be

classified as

l.ow Priority

if all of the following

criteria are met:

a)

The physical

soil

classification

‘and groundwater investigation procedures

confirm

the following:

1)

The

most

stringent

ti~r

,,.groundwater temediatiun objectives ol

35

III.

Mm,

Code 742

for the applicable indicatoLcontaminants have

groundwater quality standard

or groundwater objoctive for

any applicable

~e4icatorcontaminant hoc not

been cxceeded

at the

properly boundary line

or 200 feet from

the

LiS~l’system,

whichever

is less;

2)

“Berg

Circular’

A)

The site is located in

an area designated Al, A2, A3, A4,

A5, AX.

RI, 22, BX, Cl, C2.

C3,

C4,

or C5 on the Illinois State Geological

Survey Circular (1984)

entitled,

“Potential for Contamination of

Shallow

Aquifers in Illinois,” incorporated by reference at Section

732.104 of

this Part;

and

13)

The site’s actual physical soil conditions

arc

verified

as consistent

with

those designated Al,

A2, A3, A4, A5,

AX,

BI, B2,

BX,

Cl,

37

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ELECTRONIC FILING,

RECEIVED, CLERK’S OFFICE,

SEPTEMBER

23,

2005

***USIPC#67***

C2, C3. C4. or

CS on

the

Illinois

State Geological

Survey Circular

(1984) cot itled,

“Potential

for Contamination of Shallow Aquifers

in

lllinois’’

; or

3)

The

site

coil characteristics do

not satisfy

the criteria of Section

732.307(dX3) of this Part;

h)

The UST

system

is not withiti the mininium or maximum setback zone of a

potable water

supply well or regulated recharge area of a potable water supply

well;

c)

After completing early action measures in accordance with

Subpart

B of this Part,

there is no evidence that,

through natural or man-made pathways, migration of

petroleum or vapors

::ueaten human health or human safety

or

may cause

explosions

in basements, crawl spaces,

utility conduits, storm

or sanitary sewers.

vaults or other confined

spaces;

d)

There is no

designated Class

Ill special

resource groundwater within 200 fect of

the UST

system; and

e)

After completing early action measures in accordance with Subpart

13

of this

Part,

there are

no surface bodies

of water adversely affected by the presence

of a visible

sheen

or free product layer as

a result

of the release of petroleum.

~Source: Amended at

Ill,

Reg..effCctive

Section

732.304

High Priority Sites

Unless

aim owner or operator elects

to classify

a

site undcr Section 732,312, sites

shall be

classified

as High Priority if ‘any of (he following are met:

a)

The physical soil classification and groundwater

investigation procedures

confirm

the following:

1)

The most stringent Tier

I

groundwater remediation objectives of

35

Ill.

Mm. Code 742 for the ~

groundwat& quality standard

or groundwater objeotive for an)’

upplicable indicutot contaminant has been exceeded at the property

boundary line or 200 feet from the UST

system,

whichever is less; and

2)

“Berg Circular’

A)

The

site

is

located in

an area designated Al,

A2, A3,

A4. AS, AX,

131,

B2, BX, Cl.

C2, (‘3, (‘4, or

CS

on

the Illinois State Geological

Survey Circular (1984) entitled,

“Potential for Contamination of

Shallow Aquifers

in Illinois~.”incorporated by reference

at Section

38

---

ELECTRONIC

FILING,

RECEIVED, CLERK’S OFFICE,

SEPTEMBER

23, 2005

***USIFC#67***

732

04

of this Part; arid

B)

The

site’s

actual physical soil conditions are verified

as consistent

with those

designated Al,

i\2, A3. A4.

AS, AX, B!, B2.

BX. Cl,

(‘2, C3, (‘4, or

CS on

the

Illinois State Geological

Survey

Circular

(1984) entitled,

“Potential for Contamination of Shallow

Aquifers

in

Illinois’’;

or

3)

The site soil

characteristics do not satisfy the criteria of

Section 732,307(d)(3) of this Part;

b)

The

LiST

system

is within the miiiirtium

or maximum setback

zone of a potable

water supply

well

or regulated recharge

area of a potable water supply well;

c)

After completing early action measures

iii

accordance with

Subpart

B of this Part.

there is evidence that, through

natural or man-made pathways,

migration of

petroleum or vapors

threaten human health or

human safety or

may cause

explosions

in basements, crawl

spaces. utility conduits,

storm or sanitary sewers,

vaults or other contined spaces, free product

layer as a result of a release of

petroleum.

d)

There is designated

Class HI

special resource groundwater within 200 feet

of the

LiST system;

or

e)

After completing early action measures in accordatice with Subpart

H

of this

Part,

a surface body of water

is adversely affected hy the presence

0

a visible sheen

or

(Source-. ~A~iet~ded

at

Ill.

Reg.

,

effective

Section

732.305 Plan Submittal

and Review

a)

Unless an owner or operator elects

to classify

a site under Section 732.312, prior

to conducting any site evaluation activities,

the owner or operator shall submit to

the Agency a site classification plan,

including but not limited

to a physical

soil

classification and groundwater

investigation plan,

satisfying the minimum

requirements for site evaluation

activities as set forth in Section 732307.

The

plans shall be designed to collect data sufficient to determine the site

classification

iii accordance with Section 732.302, 732.303 or 732.304 of this

Part. Site ela&sifieation pl~sshall be submitted on foans prescribed and

pq\

flfl

b)

In addition to the plan required

in subsection (a) of this Section

and

prior to

conducting any site evaluation activities,

any owner or operator intending to

seek payment from the Fund shall

submit to the Agency a:

39

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ELECTRONIC

FILING,

RECEIVED, CLERKS

OFFICE,

SEPTEMBER

23, 2005

***~~~

~PC#67***

~

~

~

~

~

,.‘~

~‘~artB

of this

Par’

~

4—A

site classification budget plan with the corespondin~site

classification

plan. The budget

plan that shall

include, Ha

u~a••e~’

H~Hetl

.~

a copy of

the eligibility and deductibility determination

of

the OSEM and

j~

let

estimate of all costs

associated with the development,

implenicntaticrn

and completion of the site evaluation

activities required

in Section

732.307. excludina handling charges,

Formulation

of budget plans should

be consistent with the eligible and ineligihle costs

listed at Sections

732.605 and 732.606

of this Part and the maximum payment amounts

set

forth in Subpart H of this Part and shall

.

H

L,kd!L1~

,.r

~

~

.Site classification

budget

plans sh~l

be-submifted on forms

prescribed and provided

by

the Agenc~and, if

c)

The

Agency

shall have the

authority to review and approve, reject

or require

modification of any plan or

budgetplan stibnntted pursuant to this Section

in

accordance with the procedures contained

in Subpart

E of this Pan.

d)

Notwithstanding subsections

(a), ~4

(h). and le)

of this Section. an owner or

operator may proceed to conduct site evaluation activities

in accordance with this

Subpart

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

classification plan or budget ølan (including physical soil classification and

groundwater investigation plans, costs associated with activities to date,

and

anticipated further costs). Flowever,

any such plan and huc~g~t

plan shall be

submitted to the Agency for review and approval, rejection,

or modification

in

accordance

with the procedures contained

in Subpart

U of this Part

prior to

payment or

reimbursement for any related cosLst’r

Ji’~

~

~41f~

1f-the-ewne~-er-eperator

has obtained Agency approval of

ri

~

~4~fl~4’~Mflf

*tthnftt

submittal of a budget plwn pursuant to sub5eotion (b) of this Section, the owner

or

operator may,

as

an alternative to submitting

a budget plan,

submit, on a form

provided by the Agenc,

and attached to the rnlinqtir’

c.....

~

.~...

~‘~—‘~“

site evaluatr

~

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

Section are advised

that they may not

be entitled to full

payment from the

Fund ec

reimburoomont. Furthermore, apølications for payment must be submitted no later

than one year after the date the AEency ~

See Subpart F of this Part.

e)

If, following the approval

of any site classification plan, an owner or operator

determines that revised procedures or cost estimates are

necessary in order to

comply with the minimum required activities for the site,

the owner or operator

shall submit, as’’.q9)licable, an

amended site classification plan or associated

40

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ELECTRONIC

FILING,

RECEIVED,

CLERKS

OFFICE,

SEPTEMBER

23, 2005

***USIPC#67***

budget plan for review

by

the Agency.

The Agency shall have

the

authority

10

review

and

approve, repeet,

or’ require modifications

of

the amended

plan (Jr

budget plan in

accordance with thc procedures contained

in Subpart F of this Pan.

~.~\~Kt)

N

~TL:O~

It’W

.J:j

W~r.,:

‘k’tW4WW

,y;

fl~HH±Ht

‘:W

H,

~

.y*

~... ~

l~:~:.HI.r•I

.t*.;1.

::W

WH*.YJ

—~

~-—-

I

(Source:

Amended

at

Ill.

Keg.,

effective

Section

732.306 Deferred

Site Classification; Priority List

l’or Payment

a~

An owner or

operator who has received approval for ari y budget

plan submitted

Q1irsuant lQThiLEMuOctsvho

is eligible for payment trpmjhLF!tndJll~ysiccLtQ

dckcjii~

clas’ilic tiron

~ctnit~esuntfljj~nd,~jrc

as nil ible in

an amount

e.

ti

tI to

theaInourn~pprovedmhebuda~Lflknilthefc~irduiepLsots~:ection

blot

this

Section

are met.

An

OWNkE(

OR OPERATOR

WI-K)

I-L\S

RECEIVED

4W440VAL RIR ANY BUDGET

PLAN

SUBMfl1’ED PURSUANT TO ihi~

P~o

ANP

WUU ~

H~~i~d13l

-L3-

k—P-AflthNiFR4

~‘k

U41i

UNDERGROUND

STORAGE TANK

FUND MAY

ELEC1

0 DEI±RSflE

CLASSIFICATION,

LOW PRIORITY

GROUNDWATER MONFIORING,

~

AN AMOUNT

EQUAL

TO

TUE

AMOUNT

APPROVED

IN

TUE BUDGE’I’

~j

~l’—e,4

Itqs

,-4~i4

~t~v~4rt-i

H~tu~e—e~—-’-t”tvitt~

57.8th) of the Act)

1)

-\I’provals of budget plans shall

he pursuant to Agency

review

in

accordance

with Subpart E of this Part.

2)

The Agency shall monilor the availability of funds to determine whether

sufficient ~et;ourc~:;

eNist to provide payment in an

amount equal to the

tutal

of the appre~ed

budget

pt

and shall provide notice of insufficient

funds

to owners or operators in

accordance with Section 732.503(g) of this

E~it

of the availability

of fund:; in accordanoc with Section 732503~,h).

kintk

4kili-is’~ e41eeffltd-44+H-h4$e--k**~ewnetw1..Iq!es4(t~4ee4tn~k~

deFer site olasr,ificction so long us there arc owners or operatoro on-the

priority list c&tebhthed pw’suant

to Section

732403(d) of this Part

awaiting forwarding of vouchers

to the Office of the State Comptroller.

3)

Owners

and operators must ~

activities on

forms prescribed ~4,provided

by the Agency and, if

specified by

the

Agency by

written notice, in an electronic format.

The

forms

must he mailed or de1~veredto the address designated

by the

Agency. The Agency’s record of the date of receipt must be deemed

conclusive unless a contrary date is

proven by

a dated, signed receipt from

certified or registered mail.

41

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ELECTRONIC

FILING,

RECE IVED

CLE RK’S

OFFICE,

SEPTEMBER

23, 2005

*

*

*

U

S

I

-

PC

#67

*

*

*

~

to defers ~çJ~,,ifrç~

jç

ctivhi

determine

whether the requirements of

subsection

tb) of t!ijiSc~tionare

lli&lLilre

.kgency must notify

the owner

or operator

iii

writing of

its final

acdon onj~ysuch election,

If the A,gçnçyj’ails to notify the owner or

operator of

irs

final

action within

12t) days alter its reccipt of the

election,

the owj~oro’raflirn~,avdeenithe election re~ççç_ç1j~y

operation of law.

A~

TheA~criejsn~il~ic~of final action on an election by

registered or certified

mail,_ppst marked with a date scariip and

with return receipt requested,

Final action

must

he deemed

to have

~4en

place on

the

post 1rni1ky~J4&Qth4L~,i4c~1

B)

Any action

by the Acency to reject an election,

or rejection of an

eleciion

by

the

Acency’s failure to

art,

is subject

to

apyeal to the

Board within

35

days after the Agency’s final action in the

manner

provided for the review of permil

decisions

in Section 40 of the

Act.

~33

Upon upprovul of

an election

~

04

~enth~

ete4-;’ to defer site classification

until

funds are available,

the

Agency shall place the site on a priority list for payment arid notification

of availability of sufficient funds. Sites~.shall enter the priority list

for

payment based solely on the date the Agency receives a complete

ihe

written election of deferral, with the earliest dates

having the highest

priority.

1444

eenclusive, unless

a contrary date

in proven by a dated.

signod receipt

5,’4

As funds become

available, the Agency shall encumber funds for each

site

in the order of prionty in an amount equal to the total of the

approved

budget plan for which deferraL was sought. The Agency shall

then notify

owners or

operators that sufficient hinds have been allocated

for the owner

or operators site.

After such notification the owner or operator shall

commence site classification activities

L~~+

Authorization of payment of encumbered funds for deferred site

classification activities shall be approved in

accordance with the

requirements of Subpart

F of this Part.

~?)

The priority list for payment and notification of availability of sufficient

funds shall be the same as that used for deferred

corrective action pursuant

to Section 732.406 with both, types

of deferrals entering the list and

moving

up solely on

the

basis of the date the Agency receives written

notice of the deferral.

42

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ELECTRONIC

FILING,

RECEIVED,

CLERK’S OFFICE,

SEPTEMBER

23, 2005

*

*

*

U

S

I

-

Pc #67

*

*

*

hi

An owner or operator who elects

to tlcicr site classifreat

lUlL

kfw’fWioflty

~*nirt~t,

~

~

j~i-~~

activities

under subsection (a)

of this

Section

shall

submit a repor

certified by a Licensed

Professional

En$ineer or

Licensed

Prolessronal (Eoloeist

demonstrating the following:

The

Agency has approved the owner’s or operator’s site

classification

~J,~getplait

2)

I’he

owner or operator has been determined eligible to seekj~vrnentfrom

the Fund:

I14

The

early action requirements of Subpart

B

of this Part

havc been

met: and

4)

Groundwater contamination does

no: exceed Tier

1

groundwater ingestion

exposure route ie~p~&liatioji

objc’ctkes of

35

Ill.

Adra.

C’cde

742

lot the

applicable indicator

contaminants asa

result o

th

release,

deling_in

accor:!ancc with

35

Ill

Adrm Code

742

shows

that

groundwater

coniaruinanon will

not

exceed ‘uch

I icr

1

remedi itiori

ohlLct

I

1.5

as

a

~Iiht

of the release

rnn4 no

:ahle waler snppli wells

arc imnacted as

a

result, of the

~,çhea.çejpnd

~J_~j’pil

contamination exceeding the’flerIi~roundwateringestion

exposure

routt

ic m&

drition obtccu~ts

ol

iS

Ill

Adni

Lode 742

for the

applicable

indicator coniaminants does

pcj_cMcp4

~yc2p.cLilic

site’s

property

boundary

and

is

not

located within a regulated recharge

area, a welihead

protection area.

or the setback ionic of a potable water supply

welL.

Documentatjqnip demonstrate that this subsectionlib)X5js

satisfied

must include

;‘

“‘‘‘‘.‘.‘~‘‘‘‘‘‘.

itic’rt~’4N

.tt!i’LpJ~Iv~tL9!

survey conducted

in accordance with Section

73_2.307(f) of this Part.

41

~

•+ .it4

t~4~44m~eftl

through migrw~or;

pathways

followiiig the

investigation of migration

PI’t~.’~

Itt

t~t4.n4O’44 ‘4iUu~~~~

J.~4,i~s?

~.

c)

An owner or operator rnay~~~~yjime

withdraw the election

to defer site

~

corrective action upon the

availability of

funds at any timt

The owner or operator must notily

tine Agency shall be notified

in

writing of the

withdrawal. Upon such

withdrawal,

the owner or operator shall

proceed with site classification

in accordance

with the requirements of this Part.

(Source:

Amended at

Ill. Reg.

,

effective

Section 732.307

Site Evaluation

a)

Except

as provided in Section 732 300(b),

or unless an

owner or operator submits

a report pursuant to Section 732.2O2(h)~) of this Part demonstrating that the most

43

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2005

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stringent Tier

remediation ojjg~t~vc.~9f

3D

Ill.

Adni.

Code 742 for the

applicable indicator contaminants

have been met or elects

to

classify a site under

Section 732312,

the owner or operator of any site for which a release o

petroleum has been

confirmed

in

accordance with

regulations promulgated by

the

OSFM

and reported to IEMA

shall arrange for site

evaluation and

classifncation

in

accordance with

the requirements of this Section.

A Licensed Professional

Engineer or Licensed Professional

Geologist (or, where appropriate, persons

working

under

the direction

of a 1,icensed Professional

Engineer or Licensed

Professional

Geologist) shall conduct the site evaluation.

The results of

the site

evaluation shall

provide the basis

for determining the

site classification.

The site

classification shall

be certified by the supervising Licensed Professional

Engineer

or Licensed Professional Geologist,

h~

As a part of each site evaluation,

the Licensed

Professional Engineer or

licensed

fessio1ralLieQ~istshall conduct

a physical

soil classification

in accordance

with

the procedures

at subsection (e) or (d) oF this Section.

Except as provided

in stihscetion(e) of this Section,

alL elements of the chosen method

of physical

soil

classification

must he completed for each site,

in addition to the requirement

for

a physical

soil classification,

the

Licemnsed Professional

Engineer or Licensed

Professional Geologist shall, at a minimum,

complete the

requirements at

subsections (I) through

(j) of this Section

before

classifying a site

as

High

Pd’

uty

or Low Priority and subsection

(1) through

(i) of this Section before

classifying a site

as No Further Action.

c)

Method One for Physical Soil Classification:

I)

Soil

Borings

A)

Prior to conducting field activities,

a n’eview

of scientific

publications

and regional geologic maps shall be conducted to

determine if the subsurface

strata are as

generally mapped in the

Illinois State Geological Survey

Circular (1984) entitled “Potential

for Contamination of Shallow Aquifers

in

Illinois,”

incorporated

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

the

publications

reviewed and any preliminary conclusions concerning

the site geology shall be included in the

site classification

completion report.

B)

A minimum.of one soil boring to

a depth that includes

50

feet

of native soil or

to bedrock shill be performed for each tank

field with a release of petroleum.

C)

If. during boring, bedrock

is encountered or if auger refusal occurs

because of the

density of a geologic material,

a sample of the

bedrock or other material

shall be collected to determine

permeability or an in situ test

shall be performed to determine

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hydraulic conductivity

in accordance with

subsections (cK~(A)

and

(c)(3XB) of

this

Section.

If bedrock

is cncountered or au~er

refusal occurs, the Licensed

Professional Engineer or

Licensed

Professional Geologist shall verify that the

conditions

that

prevented the

full boring are expected to he continuous

through the

remaining required depth.

D)

Borings

shall be performed within 200 feet of the outer edge of the

tank field or at the

property boundary,

whichever is less.

If more

than one boring

is required per

site, borings shall he spaced to

provide reasonable representation of site characteristics.

The

aciual

spacing of the borings shall be based

on

the regional

hycleogeologic information collected in

accordance with subsection

(c~l)(A)of this

Section.

Location

shall

he chosen

to limit to the

greatest exient possible

the vertical migration of contamination.

F)

Soil borings shall be continuously

sampled

to ensure that

no

gaps

appear

in the sample column.

F)

If anomalies are encountered, additional soil

borings may be

necessary to verify

the cons istency of the

site geology.

G)

Any water bearing units

encountered shall

be protected as

necessary

to prevent cross-contamination

of water bearing

units

during drilling.

II)

The

owner or operator may utilize techniques other than those

specified in this subsection (cX I) for soil classification

provided that:

i)

The techniques provide equivalent, or superior,

information

as required by this Section;

ii)

The techniques

have been successfully utilized

in

applications similar to the proposed application;

iii)

Methods for quality control can be implemented;

and

iv)

The owner or operator has received written approval from

the Agency prior to the start of the investigation.

2)

Soil Properties

The following

tests shall

be performed on

a representative sample of each

of th.e

stratigraphie units

encountered in the native soil boring that has

been determined most conducive

to

transporting contaminants

from the

source

based on site factors,

including but not limited

to visual

and tactile

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observations, the

classification of

the soil,

any prior evaluation of the site

siratigraphy, the

volume of the release, the thickness or extent of the

stratigraphic unit, and

the requirratents of ASTM D 2488-93, Standard

Practice for Description and Identification of Soils

(Visual-Manual

Procedure), approved

September

15,

1993:

A)

A soil particle analysis using the test

methods

specified

in

ASTM

(American

Society for Testing and Materials) Standard D 422-63

or 0

1140-92,

“Standard Test Method for Particle-Size

Analysis of

Soils,”

or “Standard Test

Method

for Amount of Material in Soils

Finer than the No. 200 (75

tim) Sieve,” incorporated by

reference

in Section 732,104 of

this

Part, or olhcr

Agency approved

method:

B)

A soil moisture content analysis using the test

methods specified in

ASTM Standard D 2216-92 or D 4643-93,

“Standard Test Method

for Laboratory Determination of Water (Moisture) Content of Soil

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

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

incorporated by reference in Section 732.t04

of this Part, or

other

Agency approved method;

C)

A soil classification using the test methods specified in ASTM

Standard D 2487-93 or D 2488-93,

“Standard Test Method for

Classification of Soils

for Engineering Purposes” or “Standard

Practice for

Description and Identification

of Soils (Visual-Manual

Procedure),” incorporated by

reference in Section 732.104 of this

Part, or other Agency approved method;

D)

Uneonuined compression strength shall he determined in tons per

square foot by using

a hand penetromcter;

and

E)

If representative samples of each stratigraphie unit are

collected for

soil property testing by

the

use of thin-walled tube sampling,

an

additional soil boring must be performed for this sampling within

5

feet of the site classification boring. Thin-walled tube sampling

must be conducted in accordance with ASTM Standard Test

Method D

1587-83, incorporated by reference in

Section 732.104

of this Part,

or other Agency approved method.

The boring from

which the thin-walled tubes

are

collected must be Io~ged

in

accordance with the requirements of Section 732.308(a) of this

Part.

3)

Hydraulic Conductivity

A)

Ifa water bearing unit

is encountered while performing soil

boring(s) for the

physical soil

classification,

an

in-situ hydraulic

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conductivity test shall he pcrlormcd

in the

First

fully saturated

layer below

the water table.

If multiple water bearing units

are

ericoumered,

an in-situ hydraulic wnduclivity test shall be

performed on

each such unit.

WeIl~uucd for hydraulic

I~ii

“

4~~fft?

~lL,t

i

~

‘fh

~tt~frtH~

,_#h

+tt’~

94~t~’

the most accurate re5ults.

Wells used

for hydraulic conductivity testing

shall he

constructed

in a maimer that

ensures

the most accurate

results.

ii)

The screen

must

be contained

within

the saturated zone.

II)

11 no water bearing unit

is

encountered

in the required

soil

boring(s),

then

the following

laboratory

analyses shall

be

conducted,

as

applicable, on a representative sample from each

stratigruphic unit;

i)

A hydraulic conductivity analysis of undisturbed or

laboratory compacted

granular soils (i.e., clay, sill, sand

or gravel)

using the test method

specified in ASTM

Standard D 5084-90, “Standard Test Method for

Measurement of

Hydraulic Conductivity of Saturated

Porous

Materials

Using a Flexible

Wall

Permeameter,”

incorporated by reference in Section 732.104 of thi.s Part,

or other Agency

approved method.

ii)

Granular soils

that arc

estimated

to have

hydraulic

conductivity greater than

1

x

10’ cm/sec will

fail

the

minimum

geologic conditions

for

“No

Further Action’,

i.e.,

rating

of D,

B,

F, or

Ci

as described in the Berg

Circular,

and therefore, no physical tests

need to be run

on

the

soils.

iii)

A hydraulic

conductivity analysis of bedrock

using

the test

method specified in ASTM Standard D 4525-90, “Standard

Test Method for

Permeability of Rocks

by flowing Air,”

incorporated

by reference

in Section 732.104 of this

Part,

or other Agency approved method.

iv)

If representative

samples of each stratigraphic unit

are

collected

for soil property testing by the

use of thin-walled

tube

sampling, an

additional soil boring

must

be

performed

for

this

sampling within

5

feet of

the site classification