ILLINOIS POLLUTION CONTROL BOARD

SCOPE OF WORK
CW3M’s Proposal
USI’s Proposal.
CSD’s Recommendations
1. Discussion
  1. MAXIMUM LUMP SUM PAYMENTS
Should Professional Consulting Services be Reimbursed on a T
Personnel Time Required to Complete Lump Sum Payment Tasks
Early Action and Free Product Removal
1. Distance to site Maximum total amount
2. Distance to site Maximum total amount

January 5, 2006

IN THE MATTER OF:

PROPOSED AMENDMENTS TO:

REGULATION OF PETROLEUM LEAKING

UNDERGROUND STORAGE TANKS (35

ILL. ADM. CODE 732)

______________________________________

PROPOSED AMENDMENTS TO:

REGULATION OF PETROLEUM LEAKING

UNDERGROUND STORAGE TANKS (35

Proposed Rule. Proposal For Public Comment.

OPINION AND ORDER OF THE BOARD (by G.T. Girard):

This rulemaking began in January 2004, when the Illinois Environmental Protection

Agency (Agency) filed two proposals for rulemaking, which amend the Board’s regulations

governing the underground storage tank (UST) program. On January 22, 2004, the Board

accepted and consolidated the proposals for hearing. The Board proceeded to first notice on

February 17, 2005. On December 1, 2005, the Board adopted a proposal for second notice and

opened this Subdocket B. As stated in the Board’s December 1, 2005 opinion, the Board will

address the issues pertaining to the professional consulting services provisions in this subdocket.

Specifically, the Board will address issues concerning the scope of work associated with lump

sum payments as well as the lump sum payment amounts proposed at first notice in Subdocket

A. The Board has received alternate proposals addressing these issues from American

Consulting Engineers Council of Illinois (ACECI), Professionals of Illinois for the Protection of

the Environment (PIPE), CW

M Company (CW

M), and United Science Industries (USI). Exh.

74, Attach. B; PC 6; PC 63; and Exh. 109. In this opinion the Board provides a brief summary of

the alternate proposals addressing each issue and a discussion of the Board’s proposal for public

comments.

SCOPE OF WORK

The regulated community expressed serious concern regarding the exclusion of scope of

work associated with the proposed maximum lump sum payments from the initial hearings on

the Agency’s proposal. While ACECI and PIPE submitted alternate proposals addressing the

inclusion of scope of work in the rules prior to first notice, the Board received similar proposals

from CW

M and USI during the first-notice comment period. In addition, CSD Environmental

Services, Inc. (CSD) submitted recommendations concerning scope of work. In the following

paragraphs, the Board summarizes these proposals followed by a discussion and the Board’s

findings.

ACECI’s Proposal

ACECI urges the Board to adopt the scope of work developed by an

Ad Hoc

Work Group

on LUST Reimbursement Reform (

Ad Hoc

Group) that was formed by ACECI and Illinois

Petroleum Marketer’s Association at the request of the Agency. The

Ad Hoc

Group was

comprised of member firms from the two organizations having substantial working experience

with the UST program, including reimbursement, as the UST program has actually been

implemented over the last ten years. Exh. 74 at 3. The

Ad Hoc

Group provided the Agency with

a series of very detailed recommendations, including the scope of work for professional

consulting services. The

Ad Hoc

Group’s task list specifies the scope of work for each task to be

performed by the consultants, and provides an estimate of time required to complete the task.

The

Ad Hoc

Group task list prescribes scope of work and time requirements for the

following tasks: early action UST removal and excavation; 20-day certification and 45-day

report preparation; free product recovery report preparation; low priority corrective action

including preparation of groundwater monitoring plan and monitoring report preparation; high

priority corrective action using conventional technology, including oversight, preparation of plan

and completion report; and reimbursement request preparation. However, the

Ad Hoc

Group

task list does not address the scope of work associated with site classification under Part 732 or

site investigation pursuant to Part 734.

The Agency testified that it coordinated with ACECI to develop the various activities

conducted by a consultant in order to complete each step of the UST remediation process and the

estimated personnel time (hours) required for completing each activity within a task. Exh. 11 at

5-6. While the Agency used the hours estimated for various activities by the

Ad Hoc

Work

Group to calculate the lump sum payment amounts in Section 734.845, the Agency did not

propose the

Ad Hoc

Work Group’s task list associated with the personnel time estimates. Instead

the Agency proposed significantly broader language of “include, but not limited to” various tasks

at Section 734.845.

Mr. Dan Goodwin, Vice President of ACECI, testified that while the general structure of

the reimbursement limitations in the Agency’s proposed Subpart H is consistent with the

recommendations of the

Ad Hoc

Group, the most important problem with the Agency’s proposal

from the viewpoint of the professional consulting firms is the lack of clear delineation of the

scope of services that may be included in each of the phases of the project for which

reimbursement limits are set forth in Proposed Sections 732.845 and 734.845. Tr.6 at 7; Exh. 74

at 3-4. He urged that the Board incorporate the scope of work into the regulations for the

purpose of better delineating the various tasks that may legitimately be a part of a given phase of

the project.

PIPE’s Proposal

PIPE maintains that the first-notice regulations are fatally flawed because it fails to

include “scope of work” associated with the proposed lump sum payments. PC 70 at 4. PIPE

urges the Board to revise the proposed rules by utilizing the alternative proposals submitted by

PIPE and other participants.

. While PIPE did not propose any specific language changes to

the first notice regulations, PIPE’s alternative proposal submitted prior to first notice included

scope of work for each item for which the Agency proposed a lump sum payment under Sections

732.845 and 734.845. PC 6, Attach. D.

PIPE’s proposal builds on the scope of work originally developed by the

Ad Hoc

Work

Group. PIPE updated the

Ad Hoc

Work Group’s task list to match the regulations, as proposed

by the Agency, and developed scope of work for those tasks for which the

Ad Hoc

Work Group

did not have a scope of work. PC 6, Attach. C. PIPE used methods similar to those used by the

Ad Hoc

Work Group to develop the scope of work for additional tasks. In addition to the scope

of work developed by the

Ad Hoc

Work Group, PIPE’s proposal defines scope of work for: (i)

site classification, including physical soil classification, groundwater investigation, and

classification by exposure pathway exclusion; and (ii) stage 1 and stage 2 site investigation.

M’s Proposal

M submitted a modified alternate proposal along with its first notice comments. PC

63. The alternate proposal addresses language changes to the proposed regulations under Part

734. While the proposal includes task list and associated scopes of work, CW

M states that it

would be appropriate to develop the final task lists and scopes of work jointly by the Agency and

the LUST Advisory committee outside the confines of the rules. PC 63 at 8. The scope of work

proposed by CW

M is essentially the same as the PIPE proposal discussed above.

USI’s Proposal.

USI submitted revisions to the proposed first notice regulations at hearing and in public

comments. Exh. 109; PC 60; and 67. USI asserts that these revisions would result in cost-

containment rule that governs time and materials billing for professional consulting services.

Exh. 109 at 67. USI addresses the issue of scope of work by creating a standardized task list,

which explicitly references the regulations themselves, and a schedule of standard product and

services along with the scope of services and reasonable quantity guidance. USI’s proposal

addresses all the tasks involved with the UST remediation under Parts 732 and 734, including

tasks related to professional consulting services. Since this docket is limited to issues concerning

payment of professional consultant services, USI’s proposal pertaining to such services will be

discussed in this section.

USI’s proposed task list under Section 732/734 Appendix D includes the tasks for which

the Agency proposed lump sum payments. The standard product and services provision at

Section 732/734 Appendix E sets forth hourly rates for various professional consulting personnel

and daily rates for professional consulting equipment and instrumentation. Finally, USI proposes

scope of service for professional consulting service under Section 732/734 Appendix F as

follows.

Professional products and services include all labor, equipment, materials, supplies and

subcontractors necessary and associated with the design, oversight, analysis,

management, administration and documentation of investigative and remedial activities

during a corrective action project as well as the professional consulting and associated

services necessary to perform all Agency required planning, budgeting, certification,

reporting and correspondence. Professional consulting services also include all necessary

services and costs associated with requesting payment from the fund. PC 60 at 136 and

PC 67 at 170.

USI’s approach to addressing scope of work deviates significantly from the approach

taken by ACECI, PIPE and CW

M. While proposals from ACECI, PIPE and CW

M prescribe

detailed scope of work for each task for which lump sum payments are specified under Sections

732.845 and 734.845, USI’s proposal takes a broader approach of defining scope of service as

including all labor, equipment, materials, supplies and subcontractors necessary and associated

remedial activities during a corrective action project.

CSD’s Recommendations

CSD recommends that the Board define the scope of work involved in remediation at a

typical site to provide a benchmark for consultants making demonstrations as to what is atypical

and therefore unusual or extraordinary circumstances pursuant to Section 734.860. PC 64 at 3.

CSD suggests that the Board combine Appendix D of USI’s proposal that lists Standard Tasks

with CW

M’s Appendix G, which sets forth Scope of Work for Lump Sum Payments.

. CSD

asserts that the combined Appendix would include a generic task such as Prepare and Submit a

45-Day Report and under the generic task, the details of what is included in a 45-Day Report.

Discussion

As noted in the December 1, 2005 second-notice opinion, the Board believes that

inclusion of scope of work for tasks to be performed by professional consulting services pursuant

Sections 732/734.845 would be helpful in addressing participants’ concerns regarding lump sum

payment for professional consulting services. In this regard, the Board has reviewed the

alternate proposals summarized above. The participants have presented two different approaches

to incorporate scope of work for specific tasks under Sections 732/734.845. The first approach,

proposed by ACECI, PIPE and CW

M, identifies the specific task for which the rules propose a

lump sum payment amount and sets forth the work involved in completion of that task. The

Hoc

Work Group used this approach to develop the scope of work for a number of tasks under

Section 732.845/734.845 and PIPE’s proposal adds scope of work for those tasks for which the

Ad Hoc

Work Group did not prepare one. PC 6, Attach. C.

The second approach, proposed by USI, prescribes a task list, but specifies scope of work

broadly as all products and services necessary and associated with investigative and remedial

activities during a corrective action project. Although USI has proposed the inclusion of a task

list which tracks the regulations under Parts 732/734 Subparts B, C, & D, the list does not

provide any details about the work involved in completion of the tasks. While the Board

recognizes that USI’s proposal as a whole is conceptually different from the one proposed by the

Agency, the scope of work in USI’s proposal is similar to the one proposed by the Agency and

adopted by the Board for first notice,

i.e.

the scope of work includes all work necessary to

comply with the requirements of the regulations.

As noted in the Board’s second-notice opinion, the record clearly indicates that the

regulated community is seeking more specificity regarding the actual work involved in

completing tasks for which the Agency has proposed maximum lump sum payments for

professional consulting services. They argue that lump sum payments for professional

consulting services must include scopes of work, so that any work performed beyond the

specified the scope of work would be reimbursed in accordance with Sections 732.850, 732.860,

734.850, and 734.860. In this regard, the Board finds that USI’s proposal, which defines scope

of work associated with professional consulting services in broad terms, does not address the

participants’ concerns. In light of this, the Board will consider the approach used by the

Ad Hoc

Work Group, PIPE and CW

M to revise the provisions of Sections 732.845/734.845. Moreover,

the Board finds this approach to be appropriate since the Agency relied on the

Ad Hoc

Work

Group’s scope of work to determine the proposed maximum payment amounts for a number of

tasks originally proposed under Sections 732.845/734.845.

The Board will use the

Ad Hoc

Work Group’s proposal as a starting point for developing

scope of work for professional consulting services. In case of the tasks for which the

Ad Hoc

Work Group did not have a scope of work, the Board will rely on PIPE’s proposal. As noted

earlier, PIPE’s proposal updates the

Ad Hoc

Work group’s scope of work. The professional

consulting services provisions proposed at first notice in Sections 732.845/734.845 specify lump

sum payment amounts for various tasks. These tasks fall under three main stages of remediation:

Early Action, Site Classification/ Investigation and Corrective Action. The following is a list of

tasks which fall into the stages and included is the group which recommended the task:

Early Action and Free Product Removal. (Section 732.845(a)/734.845(a))

1) Preparation for the abandonment or removal. (

Ad Hoc

Work

Group)

2) Preparation and submission of 20-day and 45-day reports. (

Hoc

Work Group)

3) Preparation and submission of free product removal report. (

Hoc

Work Group)

4) Preparation and submission of reports submitted pursuant to

Section 734.210(h)(3).

Site Evaluation and Classification. (Section 732.307(b))

1) Preparation of site classification plans. (PIPE)

2) Preparation of site classification completion report. (PIPE)

Site Investigation. (Section 734.845 (b))

1) Stage 1 site investigation preparation. (PIPE)

2) Preparation and submission of Stage 2 site investigation plans.

(PIPE)

3) Well surveys conducted pursuant to Section 734.445(b).

4) Preparation and submission of site investigation completion

reports. (PIPE)

Low Priority Corrective Action. (Section 732.845(c))

1) Preparation and submission

of low priority groundwater

monitoring plans. (

Ad Hoc

Work Group)

2) Preparation and submission of the groundwater monitoring report

annually over a three year period. (

Ad Hoc

Work Group)

High priority Corrective Action /Corrective Action. (Section 732.845(d)/734.845(c))

1) Conventional technology - Preparation and submission of

corrective action plans. (

Ad Hoc

Work Group)

2) Environmental Land Use Controls and Highway Authority

Agreements used as institutional controls pursuant to 35 Ill. Adm.

Code 742.

3) Preparation and submission of corrective action completion report.

(

Ad Hoc

Work Group)

4) Development of Tier 2 or Tier 3 remediation objectives.

5) Amendment of Corrective action plan.

In today’s order, the Board proposes the inclusion of scopes of work for all the tasks for

which the

Ad Hoc

Work Group or PIPE have developed scope of work. In doing so, the Board

notes that the main purpose of the proposed revisions is to seek additional comments and

testimony from all the participants, including the Agency to develop a workable rule. In this

regard, the Board notes that a few issues concerning scope of work still need to be resolved

before the Board the can finalize the revisions. These issues, which are discussed below, include

adequacy of the proposed scope of work and whether scope of work should be part of the Board

rules or the Agency’s implementation rules.

Adequacy of the Proposed Scope of Work

The Board notes that while the participants have proposed scope of work for most of the

major tasks listed above, scope of work has not been developed for a number of tasks such as

preparation and submission of reports pursuant to Section 734.210(h)(3), preparation of ELUCs

and Highway Authority Agreements, Well surveys, and development of Tier 2 or Tier 3. In this

regard, the Board invites the participants to comment on whether scope of work needs to be

defined for these tasks.

Regarding the tasks for which the participants have developed scopes of work, the

Board’s review indicates that a number of work items listed under each task were derived from

the Agency’s Leaking Underground Storage Tank Program Forms. In this regard, the Board

notes that the scope of work proposed for site classification and low priority groundwater

monitoring is essentially the same as items listed in Agency forms (LPC 505, 506, 510 and 512).

In addition, the scope of work for a number of tasks under early action, site investigation and

corrective action are also derived from the Agency’s forms (LPC 503, 504, 513 and 514). The

Board directs the participants to review the proposed scopes of work to see if they adequately

address the specific tasks or if revisions are necessary.

Where Scope of Work Should be Set Forth

The Board notes that CW

M and CSD raised this issue of whether the task list and scope

of work should be developed outside the confines of the Board rulemaking. In this regard,

M states that ideally the final task lists and scope of work should be developed by the

Agency and the LUST Advisory Committee and published periodically outside the confines of

the Board rules. PC 63. 8. By doing so, CW

M asserts that the task list or scope of work may be

revised without going through a costly and time-consuming rulemaking.

. CSD also asks that

the Board direct the LUST Advisory Committee to develop the scope of work and make it

available on the Agency’s website. PC 64 at 3.

At hearing, CSD noted that the Board’s rules at Section 732.110(a)/734.135(a) require

that “All plans, budgets, and reports must be submitted to the Agency on forms prescribed and

provided by the Agency.” CSD suggests that the Board require the Agency to revise the forms to

provide a comprehensive list on each form of the tasks to be completed, including the expected

minimum number of maps, cross sections, etc. to be included in each report. Exh. 99 at 3. CSD

also requests that at anytime the Agency modifies the form, Subpart H maximum payments be

adjusted accordingly.

The Board notes that the Agency routinely adopts its own implementation rules and

policy papers to administer Board regulations. Regarding the UST regulations, the Agency has

developed extensive implementation guidance such as fact sheets, forms and model documents,

answers to FAQs, and other guidance documents. In light of this, the Board believes that the

Agency could develop scopes of work for the various professional consulting services tasks set

forth in the Board regulations. As noted above, some of the Agency’s UST forms already

include extensive information contained in the participants’ proposals. However, the Board

believes that it is important to address the issue of scope of work in this rulemaking to ensure

that the maximum lump sum payment for each task reflect the scope of work for that task and the

time required to perform the work. Upon the resolution of issues concerning the maximum lump

sum payments, the Board will decide the appropriate vehicle for specifying the scope of work.

In this regard, the Board welcomes additional comments and testimony from the participants and

the Agency.

MAXIMUM LUMP SUM PAYMENTS

The participants raised significant issues concerning the maximum lump sum payment

amounts proposed at first notice. Based on the evidence provided by USI’s review of 69

randomly selected sites and comments from other participants, the Board found that the proposed

lump sum payment amounts need to be adjusted to reflect the actual scope of work, personnel

time required to complete the work, and current market rates for professional services. While the

Board appreciates the significant efforts of the regulated community in preparing alternate

proposals and recommendations, the Board believes that additional substantive input from the

Agency would be helpful in building a complete record upon which the Board can craft a

proposal that addresses the regulated community’s concerns and meets the Agency’s objectives.

In light of this and given that certain issues associated with the scope of work is yet to be

resolved, the Board will not propose any revisions to the Agency’s lump sum payment rates at

this time. Instead, the Board will identify issues associated with the proposed lump sum

payment amounts for further discussion in this proceeding.

Should Professional Consulting Services be Reimbursed on a Time and Material Basis

The Board is asking this question mainly because of the significant concerns raised by the

participants regarding the Agency’s proposal and supporting information. While the Board

recognizes that proposed lump sum payments are intended to result in a more efficient utilization

of Agency’s resources and streamline the reimbursement process, the Board would like to hear

from the participants and the Agency as to whether adequate information is available in the

Agency’s database to determine lump sum payments for the various professional consulting tasks

that reflect reasonable cost incurred in performing the necessary work. Additionally, if

reimbursement data is not available in the form necessary to determine lump sum payment

amounts, the Board would like the Agency to comment on whether such information could be

collected over a period of time as suggested by USI and CW

Personnel Time Required to Complete Lump Sum Payment Tasks

The

Ad Hoc

Work Group estimated the personnel time required to complete the work

under each task. Exh. 74. The Agency used the

Ad Hoc

Work Group’s personnel time estimate

to calculate the lump sum payment amounts for a number of professional consulting tasks. PIPE

also submitted personnel hours associated with its scope of work proposal that are higher than

those estimated by the

Ad Hoc

Work Group. PC6, Attach D. In addition, USI proposed

reasonable quantity guidance for personnel hours based on each phase of remediation. Exh 109.

The personnel time estimates proposed by the participants for various tasks are summarized in

the table below.

Proposed Personnel Time Requirements

Personnel Time Requirement (hours)

Professional Consulting Services - Remediation

Tasks under Sections 732.845/734.845

Early Action and Free Product Removal

1) Preparation for the

abandonment or removal

2) Preparation and submission of 20-day and

45-day reports

3) Preparation and submission of free product

removal report.

4) Preparation and submission of reports

submitted pursuant to Section 734.210(h)(3).

220

Site Evaluation and Classification under Section

1) Preparation site classification plans.

2) Preparation of site classification completion

report.

Site Investigation.

1) Stage 1 site investigation preparation.

2) Preparation and submission of Stage 2 site

investigation plans.

3) Well surveys conducted pursuant to Section

734.445(b).

4) Preparation and submission of site

investigation completion reports.

460

Low Priority Corrective Action.

1) Preparation and submission of low priority

groundwater monitoring plans.

2) Preparation and submission of the

groundwater monitoring report annually over

a three year period.

High priority Corrective Action /Corrective Action.

1) Preparation and submission of corrective

action plans

2) ELUCs and Highway Authority Agreements

3) Preparation and submission of corrective

action completion report.

4) Tier 2 or Tier 3 remediation objectives.

5) Amendment of Corrective action plan.

110

102

560

Reimbursement Request Preparation

The Board notes that while the participants have estimated the personnel time required to

complete a number of major professional consulting tasks, there are quite a few tasks without a

time estimate. In addition, the Board notes that the participants’ personnel time estimates differ

significantly for some of the same tasks. While the Board recognizes that USI’s reasonable

guidance estimate includes personnel time for field oversight and is based on an evaluation of 69

remediation sites, according to the Agency, the average cost of professional consulting services

based on USI’s estimate would be significantly higher than the average total amount paid for

sites closed during 1997 through 2001. In light of this, the Board believes that additional

information and clarification is necessary to establish personnel time requirement to determine

lump sum payments for professional consulting services. In this regard, the Board directs the

participants and the Agency to address this issue further. Specifically, the Board would like the

participants to provide reasonable personnel time estimates for all the tasks for which scope of

work has been proposed in today’s order. Additionally, the Board invites the Agency and

participants to comment on the implications of “one size fits all” maximum lump sum payments

for all UST sites.

Average Hourly Rates for Professional Consulting Services

As noted previously in the first notice opinion, the Agency developed an average hourly

rate of $80 per hour for professional consulting services by averaging the maximum hourly rate

for each title listed in Appendix E of the first notice regulations. The regulated community has

expressed serious concern regarding the proposed average hourly rate. PIPE contends that the

average rate is heavily weighted towards clerical staff rather than professional staff. PIPE

suggests that the hourly rate be broken down into 5 groups instead of a single average hourly

rate. USI has proposed a different approach where professional services are billed on a time and

material basis.

The Board believes that in order to consider any revisions of the proposed average hourly

rate in terms of administrative and professional staff, the scope of work for each task must be

categorized in terms of professional or clerical staff along with the appropriate time estimate. In

this regard, the Board invites comments from the participants as to whether it is feasible to take

the multiple rate approach. If so, the Board would like the participants provide additional

information concerning the scope of work to break down the time estimates in terms of

professional and clerical staff. The Board also invites comments to move forward on revising

the Agency’s single average hourly rate to appropriately reflect the staff

CONCLUSION

The Board today proposes for public comment language establishing a scope of work for

activities associated with professional consulting services in the remediation of UST sites in

Illinois. The Board emphasizes that the language proposed is for the purpose of discussion and

does not in any way signal the Board’s unerring support for the proposed language. The Board is

attempting to clarify the positions of the parties and narrow the issues for further hearings in this

proceeding. The Board invites comments on all portions of the proposal for public comments.

In addition the Board directs the hearing officer to expeditiously schedule a least one additional

hearing in this proceeding.

ORDER

The Board proposes the following language for purposes of public comment:

Part 732.Subpart H

Section 732.845 Professional Consulting Services

Payment for costs associated with professional consulting services must not exceed the amounts

set forth in this Section. Such costs shall include, but not be limited to, those associated with

project planning and oversight; field work; field oversight; travel; per diem; mileage;

transportation; vehicle charges; lodging; meals; and the preparation, review, certification, and

submission of all plans, budget plans, reports, applications for payment, and other

documentation. The maximum payment amounts set forth in this section are not subject to the

provisions of Section 732.855.

a) Early Action and Free Product Removal. Payment of costs for professional

consulting services associated with early action and free product removal

activities conducted pursuant to Subpart B of this Part shall not exceed the

following amounts:

1) Payment for costs associated with preparation for the abandonment or

removal of USTs including the tasks listed in Appendix F of this Part shall

not exceed a total of $960.00.

2) Payment for costs associated with early action field work and field

oversight shall not exceed a total of $390.00 per half-day, plus travel costs

in accordance with subsection (e) of this Section. The number of half-

days shall not exceed the following:

A) If one or more USTs are removed, one half-day for each leaking

UST that is removed, not to exceed a total of ten half-days, plus

one half-day for each 225 cubic yards, or fraction thereof, of

visibly contaminated fill material removed and disposed of in

accordance with Section 732.202(f) of this Part;

B) If one or more USTs remain in place, one half-day for every four

soil borings, or fraction thereof, drilled pursuant to Section

732.202(h)(2) of this Part; and

C) One half-day if a UST line release is repaired.

3) Payment for costs associated with the preparation and submission of 20-

day and 45-day reports, including the tasks listed in Appendix F of this

Part and, but not limited to, field work not covered by subsection (a)(2) of

this Section, shall not exceed a total of $4,800.00.

4) Payment for costs associated with the preparation and submission of free

product removal plans and the installation of free product removal systems

shall be determined on a time and materials basis and shall not exceed the

amounts set forth in Section 732.850 of this Part.

5) Payment for costs associated with the field work and field oversight for

free product removal shall not exceed a total of $390.00 per half-day, plus

travel costs in accordance with subsection (e) of this Section. The Agency

shall determine the reasonable number of half-days on a site-specific

basis.

6) Payment for costs associated with the preparation and submission of free

product removal reports including the tasks listed in Appendix F of this

Part shall not exceed a total of $1,600.00 per report.

7) Payment for costs associated with the preparation and submission of

reports submitted pursuant to Section 732.202(h)(3) including the tasks

listed in Appendix F of this Part of this Part shall not exceed a total of

$500.00.

b) Site Evaluation and Classification. Payment of costs for professional consulting

services associated with site evaluation and classification activities conducted

pursuant to Subpart C of this Part shall not exceed the following amounts:

1) For site evaluation and classifications conducted pursuant to Section

732.307 of this Part, payment for costs associated with the preparation and

submission of site classification plans, site classification preparation, field

work, field oversight, and the preparation and submission of the site

classification completion report including the tasks listed in Appendix F of

this Part shall not exceed a total of $9,870.00.

2) For site evaluation and classifications conducted pursuant to Section

732.312 of this Part, payment for costs shall be determined on a time and

materials basis and shall not exceed the amounts set forth in Section

732.850 of this Part. For owners and operators that elect to proceed in

accordance with 35 Ill. Adm. Code 734, costs incurred after the

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

that Part.

c) Low Priority Corrective Action. Payment of costs for professional consulting

services associated with low priority corrective action activities conducted

pursuant to Subpart D of this Part shall not exceed the following amounts:

1) Payment for costs associated with the preparation and submission of low

priority groundwater monitoring plans including the tasks listed in

Appendix F of this Part shall not exceed a total of $3,200.00.

2) Payment for costs associated with low priority groundwater monitoring

field work and field oversight shall not exceed a total of $390.00 per half-

day, up to a maximum of seven half-days, plus travel costs in accordance

with subsection (e) of this Section.

3) Payment for costs associated with the preparation and submission of the

first year groundwater monitoring report including the tasks listed in

Appendix F of this Part shall not exceed a total of $2,560.00.

4) Payment for costs associated with the preparation and submission of the

second year groundwater monitoring report including the tasks listed in

Appendix F of this Part shall not exceed a total of $2,560.00.

5) Payment for costs associated with the preparation and submission of low

priority groundwater monitoring completion report including the tasks

listed in Appendix F of this Part shall not exceed a total of $2,560.00.

d) High Priority Corrective Action. Payment of costs for professional consulting

services associated with high priority corrective action activities conducted

pursuant to Subpart D of this Part shall not exceed the following amounts:

1) Payment for costs associated with the preparation and submission of

investigation plans for sites classified pursuant to Section 732.307 of this

Part shall not exceed the following:

A) A total of $3,200.00 for plans to investigate on-site contamination

including the tasks listed in Appendix F of this Part.

B) A total of $3,200.00 for plans to investigate off-site contamination

including the tasks listed in Appendix F of this Part.

2) Payment for costs associated with field work and field oversight to define

the extent of contamination resulting from the release shall not exceed a

total of $390.00 per half-day, plus travel costs in accordance with

subsection (e) of this Section. The number of half-days shall not exceed

the following:

A) One half-day for every four soil borings, or fraction thereof, drilled

as part of the investigation but not used for the installation of

monitoring wells. Borings in which monitoring wells are installed

shall be included in subsection (d)(2)(B) of this Section instead of

this subsection (d)(2)(A); and

B) One half-day for each monitoring well installed as part of the

investigation.

3) Payment for costs associated with well surveys conducted pursuant to

Section 732.404(e)(1) of this Part including the tasks listed in Appendix F

of this Part shall not exceed a total of $160.00. Payment for costs

associated with well surveys conducted pursuant to Section 732.404(e)(2)

of this Part shall be determined on a time and materials basis and shall not

exceed the amounts set forth in Section 732.850 of this Part.

4) For conventional technology, payment for costs associated with the

preparation and submission of corrective action plans including the tasks

listed in Appendix F of this Part shall not exceed a total of $5,120.00. For

alternative technologies, payment for costs shall be determined on a time

and materials basis and shall not exceed the amounts set forth in Section

732.850 of this Part.

5) Payment for costs associated with high priority corrective action fieldwork

and field oversight shall not exceed the following amounts:

A) For conventional technology, a total of $390.00 per half-day, not to

exceed one half-day for each 225 cubic yards, or fraction thereof,

of soil removed and disposed, plus travel costs in accordance with

subsection (e) of this Section.

B) For alternative technologies, payment for costs shall be determined

on a time and materials basis and shall not exceed the amounts set

forth in Section 732.850 of this Part.

6) Development of Tier 2 and Tier 3 Remediation Objectives. Payment of

costs for professional consulting services associated with the development

of Tier 2 and Tier 3 remediation objectives in accordance with 35 Ill.

Adm. Code 742 shall not exceed the following amounts:

A) Payment for costs associated with field work and field oversight

for the development of remediation objectives shall not exceed a

total of $390.00 per half-day, plus travel costs in accordance with

subsection (e) of this Section. The number of half-days shall not

exceed the following:

i) One half-day for every four soil borings, or fraction

thereof, drilled solely for the purpose of developing

remediation objectives. Borings in which monitoring wells

are installed shall be included in subsection (d)(6)(A)(ii) of

this Section instead of this subsection (d)(6)(A)(i); and

ii) One half-day for each monitoring well installed solely for

the purpose of developing remediation objectives.

B) Excluding costs set forth in subsection (d)(6)(A) of this Section,

payment for costs associated with the development of Tier 2 or

Tier 3 remediation objectives including the tasks listed in

Appendix F of this Part shall not exceed a total of $800.00.

7) Payment for costs associated with Environmental Land Use Controls and

Highway Authority Agreements used as institutional controls pursuant to

35 Ill. Adm. Code 742 including the tasks listed in Appendix F of this Part

shall not exceed a total of $800.00 per Environmental Land Use Control or

Highway Authority Agreement.

8) Payment for costs associated with the preparation and submission of high

priority corrective action completion reports including the tasks listed in

Appendix F of this Part shall not exceed a total of $5,120.00.

e) Payment for costs associated with travel, including, but not limited to, travel time,

per diem, mileage, transportation, vehicle charges, lodging, and meals, shall not

exceed the following amounts. Costs for travel shall be allowed only when

specified elsewhere in this Part.

Distance to site Maximum total amount

(land miles) per calendar day

0 to 29 $140.00

30 to 59 $220.00

60 or more $300.00

Distances shall be measured in ground miles and rounded to the nearest mile. If a

consultant maintains more than one office, distance to the site shall be measured

from the consultant’s office that is closest to the site.

f) If a plan must be amended due to unforeseen circumstances, costs associated with

the amendment of the plan including the tasks listed in Appendix F of this Part

and its associated budget plan shall not exceed a total of $640.00.

Section 732.APPENDIX F Scope of Work For Professional Consulting Services

Section 732.845(a)(1) Preparation for the abandonment or removal of USTs

1. Project Management

2. Correspondence

a. Office of the Illinois State Fire Marshal (OSFM)

1. Prepare and submit initial Notification Form for Underground Storage

Tanks.

2. Prepare Application for Permit for Removal/Abandonment of

Underground Storage Tanks and submit to owner/operator for signature.

3. Submit Application for Permit

for Removal/Abandonment to OSFM.

4. Prepare and submit LUST Fund Eligibility and Deductibility Application.

5. Prepare and submit amended Notification Form.

b. Illinois Environmental Protection Agency (IEPA)

1. Prepare and submit early action extension.

2. Follow up.

c. Correspond with and update client.

3. Waste Disposal

a. Determine early action excavation limits.

b. Prepare waste profile and arrange for landfill approval.

c. Prepare waste manifests or tracking forms.

4. Plan and Report Preparation

a. Prepare site health and safety plan.

5. Resource Coordination

a. Arrange for subcontractors (e.g., excavator, tank removal contractor, backfill,

landfill).

b. Schedule project.

c. Call J.U.L.I.E. and/or municipality to locate utilities.

Section 732.845(a)(3) Preparation and submission of 20-day and 45-day reports

1. Project Management

2. Correspondence

a. Correspond with Agency.

b. Correspond with and update client.

3. Records Gathering

a. Obtain and review IEPA and/or OSFM records.

b. Obtain and review well records from ISGS and ISWS.

c. Obtain and review local information (e.g. Sanborn maps, aerial overlays).

4. Waste Disposal

a. Review disposal documentation.

5. Technical Evaluation

a. Prepare well location map (<25 records within 2500 feet).

b. Determine expected local site geology (subsurface soil conditions).

6. Plan and Report Preparation

a. Prepare 20-Day Certification

b. Prepare or revise site health and safety plan

c. Prepare 45-Day Report

1. Provide information pertaining to:

A. Site Identification

B. Release Information

C. Early Action

D. Site Information

1. Nature and estimated quantity of release

2. Data concerning:

a. Surrounding populations

b. Water quality

c. Use and approximate locations of wells potentially

affected by the release

d. Subsurface soil conditions

e. Location of subsurface sewers

f. Climatological conditions

g. Land use

3. A discussion of what was done to measure for the presence

of a release

4. Action taken to prevent further release of the regulated

substance into the environment

5. A discussion of the action taken to monitor and mitigate

fire and safety hazards posed by vapors or free product that

has migrated from the UST excavation zone and entered

subsurface structures

E. Supporting Documentation

1. Site map to scale and oriented north showing:

a. UST systems(s) and excavation limits;

b. Product and dispenser lines;

c. Pumps and islands;

d. Underground utilities (sewer, gas, water, etc.);

e. Nearby structures (buildings, roads, etc.)

f. Soil borings(s) (if present);

g. Monitoring well(s) and/or sumps (if present);

h. Property boundaries;

i. Sample location points.

2. Area map showing the site in relation to surrounding

properties. This map should identify the facilities on the

surrounding properties;

3. Cross-section, to scale, showing the UST(s) and the

excavation;

4. Analytical / screening results in tabular format, including

the results of soil samples required pursuant to 35 Ill. Adm.

Code 732.202(h) or 45 ILCS 5/57-57.17;

5. UST information in a tabular format, including:

a. Total number of UST(s) on site;

b. Volume of the UST(s) (in gallons);

c. The material stored in the UST(s);

d. Identification of UST systems(s) that had a release;

and

e. Identification of UST system(s) that were repaired,

removed, or abandoned-in-place;

6. Copy of OSFM Permits or notifications;

7. Narrative of tank removal and cleaning operations; describe

how wastes generated during the tank removal were

managed, treated, and disposed of;

8. Photographs of UST removal activities and the excavation;

and

9. Copies of waste manifests for soil and groundwater

transported off-site.

d. Review 20-Day Certification and 45-Day report by project manager or other

senior staff.

7. Resource Coordination

a. Call J.U.L.I.E. and/or municipality to locate utilities.

8. Distribution

a. Deliver draft 20-Day Certification and 45-Day Report to owner/operator for

review and signature.

b. Make copies of final 20-Day Certification and 45-Day Report for distribution.

c. Deliver completed 20-Day Certification and 45-Day Report to IEPA and

owner/operator.

732.845(a)(6) Preparation and submission of free product removal reports

1. Project Management

2. Correspondence

a. Correspond with and update Illinois Environmental Protection Agency (IEPA)

b. Correspond with and update Client.

3. Waste Disposal

a. Review disposal documentation.

4. Plan and Report Preparation

a. Prepare Free Product Removal Report

1. Provide information pertaining to:

A. Site Identification

B. Free Product Information

1. Name(s) of person(s) responsible for implementing the free

product removal measures;

2. Estimated quantity, type, and thickness of free product

observed or measured in boreholes, wells, excavation, etc.;

3. The type of free product recovery system used and

technical justification for the method of recovery chosen;

4. Whether any discharge will take place on- or off-site during

the recovery operation and where this discharge (point) will

be located;

5. Type of treatment applied to (the free product), and the

effluent quality expected from any discharge;

6. Steps that have been taken or that are being taken to obtain

necessary permits for any discharge; and

7. The disposition of the recovered free product.

C. Supporting Documentation

1. Site map to scale and oriented north showing:

a. UST systems(s) and excavation limits;

b. Product and dispenser lines;

c. Pumps and islands;

d. Underground utilities (sewer, gas, water, etc.);

e. Nearby structures (buildings, roads, etc.);

f. Soil boring(s) (if present);

g. Monitoring well(s) and/or sumps (if present);

h. Locations where free product was encountered

including its estimated thickness;

i. Location of recovery points;

j. Location of the treatment unit;

k. Location of discharge points;

l. Property boundaries.

2. Table showing the dates that free product recovery was

conducted and the amount of free product recovered on

each date; and

3. Copies of waste manifests.

5. Distribution

a. Deliver draft free product removal report to owner/operator for review and

signature.

b. Make copies of final free product removal report for distribution.

c. Deliver completed report to IEPA and owner/operator.

Section 732.845(a)(7) Preparation and submission of reports submitted pursuant to Section

734.210(h)(3)

(Reserved)

Section 732.845(b)(1) Preparation and submission of site classification plans, site classification

preparation, fieldwork, field oversight, and the preparation and submission of the site

classification completion report

SITE CLASSIFICATION WORK PLAN

1. Project Management

2. Correspondence

a. Correspond with Agency.

b. Correspond with and update client.

3. Technical Evaluation

a. Conduct fieldwork.

b. Provide field oversight.

4. Plan and Report Preparation

a. Prepare Site Classification Work Plan

1. Provide information concerning:

A. Site Identification

B. Site Information

C. Site Classification

1. Method of Physical Soil Classification

2. Number of soil borings to be advanced on-site

3. Whether soil borings are proposed to be advanced for

reasons other than Physical Soil Classification or

investigation of migration pathways

4. Whether monitoring wells are proposed on-site

5. Physical Soil Classification

a. Scientific publications/geologic maps that will be

reviewed to determine consistency with Plate 1 of

the Illinois State Geological Survey Circular 532;

b. Drilling methods, auger types, sampling procedures

and sampling devices that will be used;

c. Basis for determining the location (include number

and spacing) of soil borings;

d. How the proposed final soil boring configuration

and boring depths will provide the greatest

likelihood of determining the geologic

characteristics of the site;

e. What will be done if auger refusal occurs or

bedrock is encountered during drilling;

f. What will be done if anomalies are encountered

during drilling;

g. What will be done to prevent cross-contamination

between water-bearing units that may be

encountered during drilling;

6. Groundwater Investigation

a. Drilling methods that will be used;

b. Basis for determining the location and number of

monitoring wells placed at the site;

c. Monitoring well installation procedures;

d. Activities that will be taken to prevent cross-

contamination during well installation;

e. Basis for determining well construction materials;

f. Basis for determining the monitoring well-screen

depth and screened interval;

g. Monitoring well development procedures;

h. Monitoring well sampling procedures;

i. Activities that will be taken to prevent cross-

contamination between groundwater samples;

j. How the proposed final monitoring well

configuration will provide the greatest likelihood of

detecting the migrations of groundwater

contamination; and

k. Steps that will be taken to determine groundwater

elevation and flow direction.

7. How the Licensed Professional Engineer will verify

whether Class III Special Resource Groundwater exists

within 200 feet of the UST system.

8. How the Licensed Professional Engineer will identify and

locate all community water supply wells within 2,500 feet

of the UST system and all potable water supply wells

within 200 feet of the UST system, and determine if the

UST system is within the regulated recharge area of any

community water supply well or potable water supply well.

9. Classification by Exposure Pathway Exclusion

a. Discussion of the activities to determine the full

extent and concentrations of contaminants in soil

and/or groundwater exceeding the Tier 1

remediation objectives;

b. Discussion of the tests to be performed to determine

whether or not the following requirements will be

met:

1. Attenuation capacity of the soil will not be

exceeded for any of the organic

contaminants;

2. Soil saturation limit will not be exceeded for

any of the organic contaminants;

3. Contaminated soils do not exhibit any of the

reactivity characteristics of hazardous waste

per 35 Ill. Adm. Code 721.123;

4. Contaminated soils do no exhibit a pH 2.0

≤

≥

12.5; and

5. Contaminated soils which contain arsenic,

barium, cadmium, chromium, lead, mercury,

selenium or silver (or their associated salts)

do not exhibit any of the toxicity

characteristics of hazardous waste per 35 Ill.

Adm. Code 721.124.

c. Discussion of how the inhalation exposure route

will be evaluated to determine that:

1. An institutional control is in place that

requires safety precautions for construction

worker populations and compliance with #2

below;

2. Any contaminant of concern within ten (10)

feet of land surface or within ten (10) feet of

any man-made pathway does not exceed

Tier 1 remediation objectives; OR and

Agency approved engineered barrier is in

place.

d. Discussion of how the soil ingestion exposure route

will be evaluated to determine that:

1. An institutional control is in place that

requires safety precautions for construction

worker populations and compliance with #2

below;

2. Any contaminant of concern within three (3)

feet of land surface does not exceed Tier 1

remediation objectives; OR and Agency-

approved engineered barrier is in place.

e. Discussion of how the groundwater ingestion

exposure route will be evaluated to determine the

following:

1. The source of the release is no located

within the minimum/maximum setback zone

or regulated recharge area of a potable water

supply well;

2. Any area within 2500 feet from the source

of the release is restricted under a local

ordinance which prohibits the use of

groundwater as a potable supply;

3. The concentration of any contaminant of

concern in groundwater within the

minimum/maximum setback zone of a

potable water supply well meets the

applicable Tier 1 remediation objective; and

4. The concentration of any contaminant of

concern in groundwater discharging into a

surface water will meet the applicable

surface water quality standard per 35 Ill.

Adm. Code 302.

10. Site map to scale and oriented north showing:

a. UST system(s) and excavation limits;

b. Product and dispenser lines;

c. Pumps and islands;

d. Underground utilities (sewer, gas, water, etc.);

e. Nearby structures (buildings, roads, etc.);

f. Location of the proposed soil borings(s);

g. Location of the proposed monitoring wells (if

required);

h. Property boundaries; and

i. 200-foot radius from the UST system.

11. Chart indicating the following:

a. Boring identification;

b. Depth of boring (in feet);

c. Number of samples from each boring that will be

submitted for geotechnical analysis; and

d. Identification of geotechnical tests that will be

performed on samples.

b. Prepare budget for site classification work plan.

c. Review site classification work plan and budget by project manager or other

senior staff.

d. Prepare LPE/LPG certification.

5. Distribution

a. Deliver draft site classification work plan and budget to owner/operator for

review and signature.

b. Make copies of final site classification work plan and budget for distribution.

c. Deliver completed report to IEPA and owner/operator.

SITE CLASSIFICATION COMPLETION REPORT

1. Project Management

2. Correspondence

a. Correspond with Agency.

b. Correspond with and update client.

3. Technical Evaluation

a. Conduct field work.

b. Provide field oversight.

4. Plan and Report Preparation

a. Prepare Site Classification Completion Report

1. Provide information concerning:

A. Site Identification

B. Site Information

C. Site Classification Summary

D. Site Classification by Methods One or Two

E. Site Evaluation

1. Physical Soil Classification

a. Soil borings

1. A list of publications reviewed and

preliminary conclusions concerning the site

geology;

2. Soil boring logs;

3. Site map to scale and oriented north

showing:

i. Soil boring locations;

ii. UST system(s);

iii. 200-foot radius from UST system;

and

iv. Property boundaries.

b. Method One soil properties test results (include

calculations, methodologies, and complete

laboratory reports)

1. Soil particle analysis;

2. Soil moisture content;

3. Soil classification;

4. Unconfined compression test;

5. In-situ hydraulic conductivity; OR

6. Ex-situ hydraulic conductivity.

c. Method Two soil properties test results (include

calculations, methodologies, and complete

laboratory reports)

1. Soil particle analysis;

2. Ex-situ hydraulic conductivity; and

calculated yield of geologic material; OR

3. In-situ hydraulic conductivity and yield of

geologic material.

2. Groundwater Investigation

a. If groundwater investigation was required, provide

the following:

1. Discussion of how the monitoring well

configuration provides the greatest

likelihood of detecting migration of

groundwater contamination;

2. Monitoring well construction diagrams;

3. Table showing static water elevations;

4. Sample collection shipment and preservation

information;

5. Completed chain-of-custody form(s);

6. Copies of laboratory reports (include field

and lab blanks);

7. Analytical results in tabular format; and

8. Site map to scale and oriented north

showing:

i. Monitoring well locations;

ii. Potentiometric surface map:

iii. Groundwater flow direction;

iv. 200-foot radius from UST system;

and

v. Property boundaries;

b. If no groundwater investigation was

performed, provide the following:

1. Demonstrate whether groundwater is

present within the depth of boring

used to perform physical soil

classification under the selected

method (Method One under

subsection (c) or Method Tow under

subsection (d));

2. Demonstrate whether groundwater is

withdrawn for potable use within

1000 feet of the UST system and at

what depths; and

3. Demonstrate whether seasonal

fluctuation in groundwater could

results in groundwater contacting

contaminated soil (e.g., historical

records).

F. Water Well Survey

1. Results of the survey conducted to identify all community

water supply wells within 2,500 feet of the UST system and

all potable water supply wells within 200 feet of the UST

system (include copies of well logs and all correspondence

to and from the Illinois State Water Survey and the Illinois

State Geological Survey).

2. Local units of government contacted to determine if there is

a local ordinance or policy regulating the usage of potable

water supply wells.

3. Site map to scale showing all of the community water

supply wells within 2,500 feet of the UST system and all

potable water supply wells within 200 feet of the UST

system (radii of 200, 400, 1,000 and 2,500 feet from the

UST system should be marked on the map).

4. Table indicating the setback zone for each community or

potable water supply well and the distance from the UST

system to the well (the location of each well must be

identified on the map by numbers corresponding to

information provided in the table).

5. The sources consulted in determining whether the UST

system is within the regulated recharge area of any

community or potable water supply well.

G. Migration Pathways

1. Discussion of the investigation conducted to identify all

potential natural and man-made migrations pathways that

are on the site, rights-of-way attached to the site, or in any

area surrounding the site that may be adversely affected as

a result of a release of petroleum form the UST system.

2. Discussion of further investigations conducted to determine

if there is evidence that migration of petroleum or vapors

along such pathways threatens human health or the

environment or may cause explosions in basements, crawl

spaces, utility conduits, storm or sanitary sewers, vaults or

other confined spaces.

3. Discussion of the findings based on the investigations

performed.

4. Site map to scale and oriented north showing:

a. The UST system(s) and excavation;

b. Product and dispenser lines;

c. Potential natural and man-made pathways on-site,

in rights-of-way attached to the site or in areas that

may be adversely affected by the release;

d. Soil boring locations; and

e. Property boundaries.

H. Class III Special Resource Groundwater

1. Discussion of the steps taken to determine if Class III

groundwater exists within 200 feet of the site.

2. Site map to scale and oriented north showing:

a. Location of Class III groundwater; and

b. Radius of 200 feet from the UST system(s).

I. Surface Bodies of Water

1. Discussion of the steps taken to locate all surface bodies of

water on site and within 100 feet of the site, and one

located, the steps taken to determine if they have been

adversely affected by the presence of a sheen or free

product layer resulting form a release of petroleum from

the UST system.

2. Site map to sale and oriented north showing the locations of

the surface bodies of water on site and within 100 feet of

the site.

J. Classification by Exposure Pathway Exclusion

1. Extent of contamination exceeding Tier 1 remediation

objectives

a. Table showing the analytical results and depth of

samples;

b. Site map showing the soil sample location points

and groundwater monitoring well locations;

c. Site map showing the extent of soil and/or

groundwater contamination exceeding Tier 1

remediation objectives; and

d. Cross-section of the site showing the areas of soil

contamination exceeding Tier 1 remediation

objectives.

2. Physical soil characteristics

a. Whether or not the concentration of any organic

contaminants exceeded the attenuation capacity of

the soil.

b. Whether or not the organic contaminants exceeded

the soil saturation limit.

c. Whether or not the soils exhibited any

characteristics of reactivity for hazardous waste.

d. pH of the soils

e. Whether or not contaminated soils exhibited any

characteristics of toxicity for hazardous waste.

3. Inhalation exposure route

Demonstrate the following:

a. An Agency-approved engineered barrier is in place.

b. Safety precautions for construction workers will be

taken if Tier 1 remediation objectives for

construction workers are exceeded.

4. Ingestion exposure route

Demonstrate the following:

a. An Agency-approved engineered barrier is in place.

b. Safety precautions for construction workers will be

take in Tier 1 remediation objectives for

construction workers are exceeded.

5. Groundwater ingestion exposure route

Demonstrate the following:

a. Source of the release is not located within the

minimum or maximum setback zone or regulated

recharge area of a potable water supply well.

b. Any area within 2,500 feet from the source of the

release is restricted under a local ordinance which

prohibits the use of groundwater as a potable

supply.

c. The concentration of any contaminant of concern in

groundwater within the minimum or maximum

setback zone of a potable water supply well will

meet the applicable Tier 1 remediation objective.

d. Concentration of any contaminant of concern in

groundwater discharging into a surface water will

meet the applicable surface water quality standard

per 35 Ill. Adm. Code 302.

K. Supporting Documentation

1. Site map to scale oriented north showing:

a. UST system(s) (former and existing);

b. Excavation limits (former and existing):

c. Product and dispenser lines;

d. Pumps and islands;

e. Underground utilities (sewer, gas, water, etc.);

f. Nearby structures (buildings, roads, etc.);

g. Location of the soil boring(s);

h. Location of the monitoring wells;

i. Property boundaries; and

j. 200-foot radius from the UST system(s).

2. Horizontal cross section showing the various geologic units

and the depth to groundwater.

3. Laboratory certification(s).

b. Review site classification completion report by project manager or other senior

staff.

5. Distribution

a. Deliver draft site classification completion report to owner/operator for review

and signature.

b. Make copies of final site classification completion report for distribution.

c. Deliver completed report to IEPA and owner/operator.

Section 732.845(c)(1) Preparation and submission of low priority groundwater monitoring plans

1. Project Management

2. Correspondence

a. Correspond with Agency.

b. Correspond with and update client.

3. Waste Disposal

a. Determine treatment type to be applied to any discharge and effluent quality

expected.

b. Obtain necessary permits for discharge.

c. Determine final disposition of recovered free product.

4. Technical Evaluation

5. Plan and Report Preparation

a. Prepare groundwater monitoring plan

1. Provide information concerning:

A. Site Identification

B. Site Information

C. Supporting Documentation

1. Proposed time table for well installation, all sampling

events and report submittal;

2. Discussion of:

a. Monitoring well development procedures;

b. Monitoring well sampling procedures; and

c. Activities that will be taken to prevent cross-

contamination between groundwater samples.

3. Site map to scale and oriented north showing:

a. UST system(s) and excavation;

b. Product and dispenser lines;

c. Pumps and islands;

d. Underground utilities (sewer, gas, water, etc.);

e. Nearby structures (buildings, roads, etc.);

f. Location of the soil borings;

g. Location of the existing monitoring wells;

h. Property boundaries; and

i. Radius of 200 feet from the excavation.

4. Discussion of the adequacy of the final monitoring well

configuration to detect the migration of groundwater

contamination.

b. Prepare budget for groundwater monitoring plan.

c. Review groundwater monitoring plan and budget by project manager or other

senior staff.

6. Distribution

a. Deliver draft groundwater monitoring plan and budget to owner/operator for

review and signature.

b. Make copies of groundwater monitoring plan and budget for distribution.

c. Deliver completed plan and budget to IEPA and owner/operator.

Sections 732.845(c)(3) and (c)(4) Preparation and submission of first and second year

groundwater monitoring reports

1. Project Management

2. Correspondence

a. Correspond with Agency.

b. Correspond with and update client.

3. Technical Evaluation

4. Plan and Report Preparation

a. Prepare groundwater monitoring report

1. Provide information concerning:

A. Site Identification

B. Site Information

C. Supporting Documentation

1. Description of the implementation and completion of all

elements of the groundwater monitoring plan;

2. Description of well development procedures, sample

collection, preservation, and analysis;

3. Analytical results in tabular format;

4. Copies of laboratory reports;

5. Laboratory Certification

6. Groundwater elevations in a tabular format;

7. Monitoring well logs;

8. Completed chain-of-custody form(s);

9. Owner/Operator Summary form; and

10. Site map to scale and oriented north showing:

a. UST system(s) and excavation;

b. Underground utility lines (sewer, gas, water, etc.);

c. Nearby structures (buildings, roads, etc.);

d. Location of groundwater monitoring wells;

e. Direction of groundwater flow;

f. Property boundaries; and

g. 200-foot radius from the UST system.

b. Review groundwater monitoring report by project manager or other senior staff.

5. Distribution

a. Deliver draft groundwater monitoring report to owner/operator for review and

signature.

b. Make copies of groundwater monitoring report for distribution.

c. Deliver completed report to IEPA and owner/operator.

Section 732.845(c)(5) Preparation and submission of low priority groundwater monitoring

completion report

1. Project Management

2. Correspondence

a. Correspond with Agency.

b. Correspond with and update client.

3. Technical Evaluation

4. Plan and Report Preparation

a. Prepare groundwater monitoring completion report

1. Provide information concerning:

A. Site Identification

B. Site Information

C. Supporting Documentation

1. Description of the implementation and completion of all

elements of the groundwater monitoring plan;

2. Description of well development procedures, sample

collection, preservation, and analysis;

3. Analytical results in tabular format;

4. Copies of laboratory reports;

5. Laboratory Certification

6. Groundwater elevations in a tabular format;

7. Monitoring well logs;

8. Completed chain-of-custody form(s);

9. Owner/Operator Summary form; and

10. Site map to scale and oriented north showing:

a. UST system(s) and excavation;

b. Underground utility lines (sewer, gas, water, etc.);

c. Nearby structures (buildings, roads, etc.);

d. Location of groundwater monitoring wells;

e. Direction of groundwater flow;

f. Property boundaries; and

g. 200-foot radius from the UST system.

b. Review groundwater monitoring completion report by project manager or other

senior staff.

5. Distribution

a. Deliver draft groundwater monitoring completion report to owner/operator for

review and signature.

b. Make copies of groundwater monitoring completion report for distribution.

c. Deliver completed report to IEPA and owner/operator.

Section 732.845(d)(1)(A) Preparation and submission of investigation plans for on-site

contamination for sites classified pursuant to Section 732.307

(Reserved.)

Section 732.845(d)(1)(B) Preparation and submission of investigation plans for off-site

contamination for sites classified pursuant to Section 732.307

(Reserved.)

Section 732.845(d)(3) Well surveys conducted pursuant to Sections 732.404(e)(1) and

734.445(b)

(Reserved.)

Section 732.845(d)(4) Preparation and submission of corrective actions plans (Conventional)

1. Project Management

2. Correspondence

a. Correspond with Agency.

b. Correspond with and update client.

3. Waste Disposal

a. Prepare waste profile (arrange for landfill approval).

b. Determine limits of excavation.

c. Estimate quantity of contaminated soil to be disposed of.

d. Mail waste profile to owner/operator for review and signature.

e. Prepare waste manifests or tracking forms.

4. Technical Evaluation

a. Estimate quantity of “clean” overburden to be stockpiled (if any).

b. Prepare or finalize field notes.

c. Prepare and describe remediation photos.

5. Plan and Report Preparation

a. Prepare or revise site health and safety plan.

b. Prepare Corrective Action Plan

1. Provide information concerning:

A. Site Identification

B. Site Information

C. Proposed Methods of Remediation

D. Soil and Groundwater Investigation Results

1. Description of investigation

activities performed to define

the extent of soil and/or groundwater contamination;

2. Analytical results and cleanup objectives in tabular format;

3. Laboratory reports;

4. Boring logs;

5. Monitoring well logs; and

6. Site maps to scale

and oriented north showing:

a. Soil sample locations;

b. Monitoring well locations; and

c. Plumes of soil and groundwater contamination.

E. Technical Information – Corrective Action Plan

1. Discussion of how the corrective action plan shall

remediate the release;

2. List of sampling parameters and corresponding remediation

objectives;

3. Basis for determining sampling parameters and remediation

objectives;

4. Media sampling plan to verify completion of remediation;

5. Current and future use of the property;

6. Proposed preventive, engineering and institutional controls;

7. Schedule for implementation and projected completion of

the plan;

8. Engineering design specifications, diagrams, calculations,

manufacturers’ specifications, systems analyses, site maps,

etc.;

c. Prepare budget for corrective action plan.

d. Review corrective action plan and budget by project manager or other senior staff.

e. Prepare LPE/LPG certification.

6. Resource Coordination

a. Schedule project.

b. Arrange for excavator.

c. Arrange for hauling.

d. Arrange for backfill.

e. Call J.U.L.I.E. and/or municipality to locate utilities.

7. Distribution

a. Deliver draft corrective action plan and budget to owner/operator for review and

signature.

b. Make copies of final corrective action plan and budget for distribution.

c. Deliver completed corrective action plan and budget to IEPA and owner/operator.

Section 732.845(d)(6)(B) Development of Tier 2 or Tier 3 remediation objectives

(Reserved)

Section 732.845(d)(7) Environmental Land Use Controls and Highway Authority Agreements

(Reserved.)

Section 732.845(d)(8) Preparation and submission of corrective action completion reports

(Conventional)

1. Project Management

2. Correspondence

a. Correspond with Agency.

b. Correspond with and update client.

3. Records Gathering

a. Obtain legal description of property.

b. Obtain property tax identification number.

4. Technical Evaluation

a. Address items in 35 IAC 734.345(a).

b. Prepare and describe photos.

c. Prepare or finalize field notes.

5. Plan and Report Preparation

a. Prepare Corrective Action Completion Report following items in 35 IAC

734.345(a).

1. Provide information concerning:

A. Site Identification

B. Site Information

C. Completion Information

1. Chronological narrative of

corrective action activities;

2. Explanation of how the corrective action activities

remediated the release;

3. Discussion of how the remediation objectives were

determined;

4. Media sampling and analytical procedures to verify

completion of remediation;

5. Analytical results and remediation objectives in tabular

format;

6. Laboratory reports;

7. Soil boring logs;

8. Monitoring well logs;

9. Laboratory Certification;

10. Applicable Professional Engineer Certification;

11. Site maps to scale

and oriented north showing:

a. Final soil sample locations demonstrating

completion of remediation;

b. Groundwater monitoring well locations;

c. Groundwater recovery/discharge points;

d. Plume of contamination as defined by laboratory

analyses; and

e. Area remediated.

12. Property Owner Summary; and

13. Photographs documenting corrective action activities.

b. Review corrective action completion report by project manager or other senior

staff

c. Prepare LPE certification

6. Resource Coordination

a. Record NFR letter

7. Distribution

a. Deliver draft corrective action completion report to owner/operator for review and

signature.

b. Make copies of final corrective action completion report for distribution.

c. Deliver completed corrective action completion report to IEPA and

owner/operator.

d. Make copies of recorded NFR letter for distribution.

e. Deliver recorded NFR letter to IEPA and owner/operator.

732.845(f) and 734.845(f) Amendment of plan and its associated budget

(Reserved)

PART 734.SUBPART H

Section 734.845 Professional Consulting Services

Payment for costs associated with professional consulting services must not exceed the amounts

set forth in this Section. Such costs must include, but not be limited to, those associated with

project planning and oversight; field work; field oversight; travel; per diem; mileage;

transportation; vehicle charges; lodging; meals; and the preparation, review, certification, and

submission of all plans, budgets, reports, applications for payment, and other documentation.

The maximum payment amounts set forth in this section are not subject to the provisions of

Section 732.855.

a) Early Action and Free Product Removal. Payment of costs for professional

consulting services associated with early action and free product removal

activities conducted pursuant to Subpart B of this Part must not exceed the

following amounts:

1) Payment for costs associated with preparation for the abandonment or

removal of USTs including the tasks listed in Appendix F of this Part must

not exceed a total of $960.00.

2) Payment for costs associated with early action field work and field

oversight must not exceed a total of $390.00 per half-day, plus travel costs

in accordance with subsection (e) of this Section. The number of half-

days must not exceed the following:

A) If one or more USTs are removed, one half-day for each leaking

UST that is removed, not to exceed a total of ten half-days, plus

one half-day for each 225 cubic yards, or fraction thereof, of

visibly contaminated fill material removed and disposed of in

accordance with Section 734.210(f) of this Part;

B) If one or more USTs remain in place, one half-day for every four

soil borings, or fraction thereof, drilled pursuant to Section

734.210(h)(2) of this Part; and

C) One half-day if a UST line release is repaired.

3) Payment for costs associated with the preparation and submission of 20-

day and 45-day reports, including the tasks listed in Appendix F of this

Part and , but not limited to, field work not covered by subsection (a)(2) of

this Section, must not exceed a total of $4,800.00.

4) Payment for costs associated with the preparation and submission of free

product removal plans and the installation of free product removal systems

must be determined on a time and materials basis and must not exceed the

amounts set forth in Section 734.850 of this Part.

5) Payment for costs associated with the fieldwork and field oversight for

free product removal shall not exceed a total of $ 500.00 per half-day.

The Agency shall determine the reasonable number of half-days on a site-

specific basis. Stage 3 site investigations will be reimbursed pursuant to

Section 734.850.

6) Payment for costs associated with the preparation and submission of free

product removal reports including the tasks listed in Appendix F of this

Part shall not exceed a total of $1600.00 per report.

7) Payment for costs associated with the preparation and submission of

reports including the tasks listed in Appendix F of this Part submitted

pursuant to Section 734.210(h)(3) of this Part must not exceed a total of

$500.00. (Note. Scope of work not developed for this task)

b) Site Investigation. Payment of costs for professional consulting services

associated with site investigation activities conducted pursuant to Subpart C of

this Part must not exceed the following amounts:

1) Payment for costs associated with Stage 1 site investigation preparation

and submission including the tasks listed in Appendix F of this Part must

not exceed a total of $1,600.00.

2) Payment for costs associated with Stage 1 field work and field oversight

must not exceed a total of $390.00 per half-day, plus travel costs in

accordance with subsection (e) of this Section. The number of half-days

must not exceed the following:

A) One half-day for every four soil borings, or fraction thereof, drilled

as part of the Stage 1 site investigation but not used for the

installation of monitoring wells. Borings in which monitoring

wells are installed must be included in subsection (b)(2)(B) of this

Section instead of this subsection (b)(2)(A); and

B) One half-day for each monitoring well installed as part of the Stage

1 site investigation.

3) Payment for costs associated with the preparation and submission of Stage

2 site investigation plans including the tasks listed in Appendix F of this

Part must not exceed a total of $3,200.00.

4) Payment for costs associated with Stage 2 field work and field oversight

must not exceed a total of $390.00 per half-day, plus travel costs in

accordance with subsection (e) of this Section. The number of half-days

must not exceed the following:

A) One half-day for every four soil borings, or fraction thereof, drilled

as part of the Stage 2 site investigation but not used for the

installation of monitoring wells. Borings in which monitoring

wells are installed must be included in subsection (b)(4)(B) of this

Section instead of this subsection (b)(4)(A); and

B) One half-day for each monitoring well installed as part of the Stage

2 site investigation.

5) Payment for costs associated with Stage 3 site investigations will be

reimbursed pursuant to Section 734.850. Payment for costs associated

with the preparation and submission of Stage 3 site investigation plans

must not exceed a total of $3,200.00.

6) Payment for costs associated with Stage 3 field work and field oversight

must not exceed a total of $390.00 per half-day, plus travel costs in

accordance with subsection (e) of this Section. The number of half-days

must not exceed the following:

A) One half-day for every four soil borings, or fraction thereof, drilled

as part of the Stage 3 site investigation but not used for the

installation of monitoring wells. Borings in which monitoring

wells are installed must be included in subsection (b)(6)(B) of this

Section instead of this subsection (b)(6)(A); and

B) One half-day for each monitoring well installed as part of the Stage

3 site investigation.

7) Payment for costs associated with well surveys conducted pursuant to

Section 734.445(b) of this Part including the tasks listed in Appendix F of

this Part must not exceed a total of $160.00. Payment for costs associated

with well surveys conducted pursuant to Section 734.445(c) of this Part

must be determined on a time and materials basis and must not exceed the

amounts set forth in Section 734.850 of this Part. (Note. Scope of work

not developed for this task)

8) Payment for costs associated with the preparation and submission of site

investigation completion reports including the tasks listed in Appendix F

of this Part must not exceed a total of $1,600.00.

c) Corrective Action. Payment of costs for professional consulting services

associated with corrective action activities conducted pursuant to Subpart C of

this Part must not exceed the following amounts:

1) For conventional technology, payment for costs associated with the

preparation and submission of corrective action plans including the tasks

listed in Appendix F of this Part must not exceed a total of $5,120.00. For

alternative technologies, payment for costs must be determined on a time

and materials basis and must not exceed the amounts set forth in Section

734.850 of this Part.

2) Payment for costs associated with corrective action field work and field

oversight must not exceed the following amounts:

A) For conventional technology, a total of $390.00 per half-day, not to

exceed one half-day for each 225 cubic yards, or fraction thereof,

of soil removed and disposed, plus travel costs in accordance with

subsection (e) of this Section.

B) For alternative technologies, payment for costs must be determined

on a time and materials basis and must not exceed the amounts set

forth in Section 734.850 of this Part.

3) Payment for costs associated with Environmental Land Use Controls and

Highway Authority Agreements used as institutional controls pursuant to

35 Ill. Adm. Code 742 including the tasks listed in Appendix F of this Part

must not exceed a total of $800.00 per Environmental Land Use Control

or Highway Authority Agreement. (Note. Scope of work not developed for

this task)

4) Payment for costs associated with the preparation and submission of

corrective action completion reports including the tasks listed in Appendix

F of this Part must not exceed a total of $5,120.00.

d) Development of Tier 2 and Tier 3 Remediation Objectives. Payment of costs for

professional consulting services associated with the development of Tier 2 and

Tier 3 remediation objectives in accordance with 35 Ill. Adm. Code 742 must not

exceed the following amounts:

1) Payment for costs associated with fieldwork and field oversight for the

development of remediation objectives must not exceed a total of $390.00

per half-day, plus travel costs in accordance with subsection (e) of this

Section. The number of half-days must not exceed the following:

A) One half-day for every four soil borings, or fraction thereof, drilled

solely for the purpose of developing remediation objectives.

Borings in which monitoring wells are installed must be included

in subsection (d)(1)(B) of this Section instead of this subsection

(d)(1)(A); and

B) One half-day for each monitoring well installed solely for the

purpose of developing remediation objectives.

2) Excluding costs set forth in subsection (d)(1) of this Section, payment for

costs associated with the development of Tier 2 or Tier 3 remediation

objectives including the tasks listed in Appendix F of this Part must not

exceed a total of $800.00. (Note. Scope of work not developed for this

task)

e) Payment for costs associated with travel, including, but not limited to, travel time,

per diem, mileage, transportation, vehicle charges, lodging, and meals, must not

exceed the following amounts. Costs for travel must be allowed only when

specified elsewhere in this Part.

Distance to site Maximum total amount

(land miles) per calendar day

0 to 29 $140.00

30 to 59 $220.00

60 or more $300.00

Distances must be measured in ground miles and rounded to the nearest mile. If a

consultant maintains more than one office, distance to the site must be measured

from the consultant’s office that is closest to the site.

f) If a plan must be amended due to unforeseen circumstances, costs associated with

the amendment of the plan and its associated budget must not exceed a total of

$640.00.

Section 734.APPENDIX F Scope of Work For Professional Consulting Services

Section 734.845(a)(1) Preparation for the abandonment or removal of USTs

1. Project Management

2. Correspondence

a. Office of the Illinois State Fire Marshal (OSFM)

1. Prepare and submit initial Notification Form for Underground Storage

Tanks.

2. Prepare Application for Permit for Removal/Abandonment of

Underground Storage Tanks and submit to owner/operator for signature.

3. Submit Application for Permit

for Removal/Abandonment to OSFM.

4. Prepare and submit LUST Fund Eligibility and Deductibility Application.

5. Prepare and submit amended Notification Form.

b. Illinois Environmental Protection Agency (IEPA)

1. Prepare and submit early action extension.

2. Follow up.

c. Correspond with and update client.

3. Waste Disposal

a. Determine early action excavation limits..

b. Prepare waste profile and arrange for landfill approval.

c. Prepare waste manifests or tracking forms.

4. Plan and Report Preparation

a. Prepare site health and safety plan.

5. Resource Coordination

a. Arrange for subcontractors (e.g., excavator, tank removal contractor, backfill,

landfill).

b. Schedule project.

c. Call J.U.L.I.E. and/or municipality to locate utilities.

Section 734.845(a)(3) Preparation and submission of 20-day and 45-day reports

1. Project Management

2. Correspondence

a. Correspond with Agency.

b. Correspond with and update client.

3. Records Gathering

a. Obtain and review IEPA and/or OSFM records.

b. Obtain and review well records from ISGS and ISWS.

c. Obtain and review local information (e.g. Sanborn maps, aerial overlays).

4. Waste Disposal

a. Review disposal documentation.

5. Technical Evaluation

a. Prepare well location map (<25 records within 2500 feet).

b. Determine expected local site geology (subsurface soil conditions).

6. Plan and Report Preparation

a. Prepare 20-Day Certification

b. Prepare or revise site health and safety plan

c. Prepare 45-Day Report

1. Provide information pertaining to:

A. Site Identification

B. Release Information

C. Early Action

D. Site Information

1. Nature and estimated quantity of release

2. Data concerning:

a. Surrounding populations

b. Water quality

c. Use and approximate locations of wells potentially

affected by the release

d. Subsurface soil conditions

e. Location of subsurface sewers

f. Climatological conditions

g. Land use

3. A discussion of what was done to measure for the presence

of a release

4. Action taken to prevent further release of the regulated

substance into the environment

5. A discussion of the action taken to monitor and mitigate

fire and safety hazards posed by vapors or free product that

has migrated from the UST excavation zone and entered

subsurface structures

E. Supporting Documentation

1. Site map to scale and oriented north showing:

a. UST systems(s) and excavation limits;

b. Product and dispenser lines;

c. Pumps and islands;

d. Underground utilities (sewer, gas, water, etc.);

e. Nearby structures (buildings, roads, etc.)

f. Soil borings(s) (if present);

g. Monitoring well(s) and/or sumps (if present);

h. Property boundaries;

i. Sample location points.

2. Area map showing the site in relation to surrounding

properties. This map should identify the facilities on the

surrounding properties;

3. Cross-section, to scale, showing the UST(s) and the

excavation;

4. Analytical / screening results in tabular format, including

the results of soil samples required pursuant to 35 Ill. Adm.

Code 732.202(h) or 45 ILCS 5/57-57.17;

5. UST information in a tabular format, including:

a. Total number of UST(s) on site;

b. Volume of the UST(s) (in gallons);

c. The material stored in the UST(s);

d. Identification of UST systems(s) that had a release;

and

e. Identification of UST system(s) that were repaired,

removed, or abandoned-in-place;

6. Copy of OSFM Permits or notifications;

7. Narrative of tank removal and cleaning operations; describe

how wastes generated during the tank removal were

managed, treated, and disposed of;

8. Photographs of UST removal activities and the excavation;

and

9. Copies of waste manifests for soil and groundwater

transported off-site.

d. Review 20-Day Certification and 45-Day report by project manager or other

senior staff.

7. Resource Coordination

a. Call J.U.L.I.E. and/or municipality to locate utilities.

8. Distribution

a. Deliver draft 20-Day Certification and 45-Day Report to owner/operator for

review and signature.

b. Make copies of final 20-Day Certification and 45-Day Report for distribution.

c. Deliver completed 20-Day Certification and 45-Day Report to IEPA and

owner/operator.

734.845(a)(6) Preparation and submission of free product removal reports

1. Project Management

2. Correspondence

a. Correspond with and update Illinois Environmental Protection Agency (IEPA)

b. Correspond with and update Client.

3. Waste Disposal

a. Review disposal documentation.

4. Plan and Report Preparation

a. Prepare Free Product Removal Report

1. Provide information pertaining to:

A. Site Identification

B. Free Product Information

1. Name(s) of person(s) responsible for implementing the free

product removal measures;

2. Estimated quantity, type, and thickness of free product

observed or measured in boreholes, wells, excavation, etc.;

3. The type of free product recovery system used and

technical justification for the method of recovery chosen;

4. Whether any discharge will take place on- or off-site during

the recovery operation and where this discharge (point) will

be located;

5. Type of treatment applied to (the free product), and the

effluent quality expected from any discharge;

6. Steps that have been taken or that are being taken to obtain

necessary permits for any discharge; and

7. The disposition of the recovered free product.

C. Supporting Documentation

1. Site map to scale and oriented north showing:

a. UST systems(s) and excavation limits;

b. Product and dispenser lines;

c. Pumps and islands;

d. Underground utilities (sewer, gas, water, etc.);

e. Nearby structures (buildings, roads, etc.);

f. Soil boring(s) (if present);

g. Monitoring well(s) and/or sumps (if present);

h. Locations where free product was encountered

including its estimated thickness;

i. Location of recovery points;

j. Location of the treatment unit;

k. Location of discharge points;

l. Property boundaries.

2. Table showing the dates that free product recovery was

conducted and the amount of free product recovered on

each date; and

3. Copies of waste manifests.

5. Distribution

a. Deliver draft free product removal report to owner/operator for review and

signature.

b. Make copies of final free product removal report for distribution.

c. Deliver completed report to IEPA and owner/operator.

734.845(a)(7) Preparation and submission of reports submitted pursuant to Section 734.210(h)(3)

(Reserved)

734.845(b)(1) Preparation and submission of Stage 1 site investigation plan

1. Project Management

2. Correspondence

a. Correspond with Agency.

b. Correspond with and update client.

3. Technical Evaluation

a. Determine expected local site geology (subsurface soil conditions).

b. Evaluate backfill/piping samples to Tier 1 remediation objectives.

c. Determine drilling locations for soil samples and monitoring wells.

d. Demonstrate if groundwater investigation is required (if applicable).

e. Conduct initial water supply well survey per 734.315(a)(3).

4. Plan and Report Preparation

a. Prepare Stage I Site Investigation Plan

1. Provide information concerning:

A. Site Identification

B. Site Information

1. Will owner/operator seek reimbursement from the UST

Fund?

2. If yes, is budget attached?

3. Is this an amended plan?

4. Identify the material released.

5. Describe the activities that will be performed to determine

the following:

a. Degree of soil contamination;

b. Extent of soil contamination (as defined to Tier 1

Residential remediation objectives);

c. The degree of groundwater contamination;

d. Extent of groundwater contamination (as defined to

Class 1 Remediation Objectives unless otherwise

approved by the Illinois EPA)

e. Direction of groundwater flow;

f. Hydraulic conductivity of groundwater;

g. Identification of Site features that may affect

contaminant transport and risk to human health and

the environment.

6. Site map to scale and oriented north showing:

a. UST system(s) and excavation;

b. Product and dispenser lines;

c. Pumps and islands;

d. Underground utilities (sewer, gas, water, etc.);

e. Nearby structures (buildings, road, etc.);

f. Location of proposed/existing soil borings;

g. Location of the proposed/existing monitoring wells;

and

h. Property boundaries.

b. Prepare or update site health and safety plan.

c. Prepare budget.

c. Review plan and budget by project manager or other senior staff.

d. Prepare LPE/LPG certification.

5. Resource Coordination

a. Arrange for drilling.

b. Call J.U.L.I.E. and/or municipality to locate utilities.

6. Distribution

a. Deliver draft plan and budget to owner/operator for review and signature.

b. Make copies of final plan and budget for distribution.

c. Deliver completed plan and budget to Agency and owner/operator.

734.845(b)(3) Preparation and submission of Stage 2 site investigation plans

1. Project Management

2. Correspondence

a. Correspond with Agency.

b. Correspond with and update client.

3. Records Gathering

a. Obtain local information (e.g., Sanborn maps, aerial overlays, etc.).

b. Determine extent of property boundaries.

4. Technical Evaluation

a. Address items in 35 IAC 734.320(b).

b. Prepare or finalize field notes.

c. Prepare and describe site investigation photos.

d. Prepare contingency scope of work for boring/monitoring well locations.

5. Plan and Report Preparation

a. Prepare Stage 2 Site Investigation Plan addressing items in 35 IAC 734.320(b).

1. Provide information concerning:

A. Site Identification

B. Site Information

1. Will owner/operator seek reimbursement from the UST

Fund?

2. If yes, is budget attached?

3. Is this an amended plan?

4. Identify the material released.

5. Describe the activities that will be performed to determine

the following:

a. Degree of soil contamination;

b. Extent of soil contamination (as defined to Tier 1

Residential remediation objectives);

c. The degree of groundwater contamination;

d. Extent of groundwater contamination (as defined to

Class 1 Remediation Objectives unless otherwise

approved by the Illinois EPA)

e. Direction of groundwater flow;

f. Hydraulic conductivity of groundwater;

g. Identification of Site features that may affect

contaminant transport and risk to human health and

the environment.

6. Site map to scale and oriented north showing:

a. UST system(s) and excavation;

b. Product and dispenser lines;

c. Pumps and islands;

d. Underground utilities (sewer, gas, water, etc.);

e. Nearby structures (buildings, road, etc.);

f. Location of proposed/existing soil borings;

g. Location of the proposed/existing monitoring wells;

and

h. Property boundaries.

b. Prepare budget.

c. Prepare or revise site health and safety plan.

d. Review plan and budget by project manager or other senior staff.

e. Prepare LPE/LPG certification.

6. Resource Coordination

a. Arrange for drilling.

b. Call J.U.L.I.E. and/or municipality to locate utilities.

7. Distribution

a. Deliver draft plan and budget to owner/operator for review and signature.

b. Make copies of final plan and budget for distribution.

c. Deliver completed plan and budget to IEPA and owner/operator.

Section 734.845(b)(7) Well surveys conducted pursuant to Section 734.445(b)

(Reserved.)

Section 734.845(b)(8) Preparation and submission of site investigation completion reports

1. Project Management

2. Correspondence

a. Correspond with Agency.

b. Correspond with and update client.

3. Records Gathering

a. Obtain local information (e.g., Sanborn maps, aerial overlays, etc.).

b. Obtain legal description of the site or reference plat of survey showing

boundaries.

4. Technical Evaluation

a. Address items in 35 IAC 734.330(a), (b), and (c).

b. Describe methods for investigating site and surrounding areas.

c. Describe observations made while investigating site and surrounding areas.

d. Prepare or revise site maps per 35 IAC 734.330(b)(2)-(4) that also show:

1. Distance of at least 1,000 feet around UST (scale > 1:200)

2. Location of site with respect to section, township, and range

3. On-site and off-site injection and withdrawal wells affected by release

e. Evaluate existing and potential migration pathways and exposure routes.

f. Compile information regarding site-specific sampling activities and methods,

including:

1. Sample collection information (date, time, method, location, sampler),

2. Sample preservation and shipment information, including QA/QC,

3 Field and lab blank documentation.

g. Interpret the results of the site investigation.

h. Describe the release and evaluation of exposure routes.

i. Describe the nature, concentration and extent of indicator contaminants.

j. Prepare or finalize field notes.

k. Prepare and describe site investigation photos.

l. Provide analysis of hydraulic conductivity test data from a single well.

m. Provide description of physical features that may affect

contaminant transport.

5. Plan and Report Preparation

a. Prepare Site Investigation Completion Report addressing items in 35 IAC

734.330(a), (b), and (c).

1. Provide information concerning:

A. Site Identification

B. Site Information

C. Site Investigation Results

1. Site History/Executive Summary;

2. Narrative of field activities including sampling methods;

3. Discussion of development

of remediation objectives;

4. Analytical results and remediation objectives in tabular format;

5. Conclusions;

6. Site maps to scale and oriented north showing the:

a. UST system(s) and excavation;

b. Product and dispenser lines;

c. Pumps and islands;

d. Underground utilities (sewer, gas, water, etc.);

e. Nearby structures (buildings, roads, etc.);

f. Location of soil borings;

g. Location of existing monitoring wells;

h. Property boundaries.

7. Soil boring logs;

8. Well completion reports;

9. Laboratory Reports; and

10. Laboratory Certification.

b. Prepare appendices containing references and data sources, logs, lab reports, etc.

c. Review site investigation completion report by project manager or other senior

staff.

d. Prepare LPE/LPG certification.

6. Distribution

a. Deliver draft site investigation completion report to owner/operator for review

and signature.

b. Make copies of final site investigation completion report for distribution.

c. Deliver completed report to IEPA and owner/operator.

Section 734.845(c)(1) Preparation and submission of corrective actions plans (Conventional)

1. Project Management

2. Correspondence

a. Correspond with Agency.

b. Correspond with and update client.

3. Waste Disposal

a. Prepare waste profile (arrange for landfill approval).

b. Determine limits of excavation.

c. Estimate quantity of contaminated soil to be disposed of.

d. Mail waste profile to owner/operator for review and signature.

e. Prepare waste manifests or tracking forms.

4. Technical Evaluation

a. Estimate quantity of “clean” overburden to be stockpiled (if any).

b. Prepare or finalize field notes.

c. Prepare and describe remediation photos.

5. Plan and Report Preparation

a. Prepare or revise site health and safety plan.

b. Prepare Corrective Action Plan

1. Provide information concerning:

A. Site Identification

B. Site Information

C. Proposed Methods of Remediation

D. Soil and Groundwater Investigation Results

1. Description of investigation

activities performed to define

the extent of soil and/or groundwater contamination;

2. Analytical results and cleanup objectives in tabular format;

3. Laboratory reports;

4. Boring logs;

5. Monitoring well logs; and

6. Site maps to scale

and oriented north showing:

a. Soil sample locations;

b. Monitoring well locations; and

c. Plumes of soil and groundwater contamination.

E. Technical Information – Corrective Action Plan

1. Discussion of how the corrective action plan shall

remediate the release;

2. List of sampling parameters and corresponding remediation

objectives;

3. Basis for determining sampling parameters and remediation

objectives;

4. Media sampling plan to verify completion of remediation;

5. Current and future use of the property;

6. Proposed preventive, engineering and institutional controls;

7. Schedule for implementation and projected completion of

the plan;

8. Engineering design specifications, diagrams, calculations,

manufacturers’ specifications, systems analyses, site maps,

etc.;

c. Prepare budget for corrective action plan.

d. Review corrective action plan and budget by project manager or other senior staff.

e. Prepare LPE/LPG certification.

6. Resource Coordination

a. Schedule project.

b. Arrange for excavator.

c. Arrange for hauling.

d. Arrange for backfill.

e. Call J.U.L.I.E. and/or municipality to locate utilities.

7. Distribution

a. Deliver draft corrective action plan and budget to owner/operator for review and

signature.

b. Make copies of final corrective action plan and budget for distribution.

c. Deliver completed corrective action plan and budget to IEPA and owner/operator.

Section 734.845(c)(3) Environmental Land Use Controls and Highway Authority Agreements

(Reserved.)

Section 734.845(c)(4) Preparation and submission of corrective action completion reports

(Conventional)

1. Project Management

2. Correspondence

a. Correspond with Agency.

b. Correspond with and update client.

3. Records Gathering

a. Obtain legal description of property.

b. Obtain property tax identification number.

4. Technical Evaluation

a. Address items in 35 IAC 734.345(a).

b. Prepare and describe photos.

c. Prepare or finalize field notes.

5. Plan and Report Preparation

a. Prepare Corrective Action Completion Report following items in 35 IAC

734.345(a).

1. Provide information concerning:

A. Site Identification

B. Site Information

C. Completion Information

1. Chronological narrative of

corrective action activities;

2. Explanation of how the corrective action activities

remediated the release;

3. Discussion of how the remediation objectives were

determined;

4. Media sampling and analytical procedures to verify

completion of remediation;

5. Analytical results and remediation objectives in tabular

format;

6. Laboratory reports;

7. Soil boring logs;

8. Monitoring well logs;

9. Laboratory Certification;

10. Applicable Professional Engineer Certification;

11. Site maps to scale

and oriented north showing:

a. Final soil sample locations demonstrating

completion of remediation;

b. Groundwater monitoring well locations;

c. Groundwater recovery/discharge points;

d. Plume of contamination as defined by laboratory

analyses; and

e. Area remediated.

12. Property Owner Summary; and

13. Photographs documenting corrective action activities.

b. Review corrective action completion report by project manager or other senior

staff

c. Prepare LPE certification

6. Resource Coordination

a. Record NFR letter

7. Distribution

a. Deliver draft corrective action completion report to owner/operator for review and

signature.

b. Make copies of final corrective action completion report for distribution.

c. Deliver completed corrective action completion report to IEPA and

owner/operator.

d. Make copies of recorded NFR letter for distribution.

e. Deliver recorded NFR letter to IEPA and owner/operator.

Section 734.845(d)(2) Development of Tier 2 or Tier 3 remediation objectives

(Reserved)

732.845(f) and 734.845(f) Amendment of plan and its associated budget

(Reserved)

I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the Board

adopted the above opinion and order on January 5, 2006, by a vote of ______________.

___________________________________

Dorothy M. Gunn, Clerk

Illinois Pollution Control Board