1. DISCUSSION
  2. Public Act 94-0274
  3. 101.APPENDIX F  Notice of Withdrawal (Repealed)
  4. 101.APPENDIX G  Comparison of Former and Current Rules (Repealed)
      1. PART 732
      2. PETROLEUM UNDERGROUND STORAGE TANKS
      3. (RELEASES REPORTED SEPTEMBER 23, 1994, THROUGH JUNE 23, 2002)
        1. Section
        2. 732.108 Licensed Professional Engineer or Licensed Professional Geologist Supervision
        3. Section
  5. TITLE 35: ENVIRONMENTAL PROTECTION
  6. SUBTITLE G: WASTE DISPOSAL
    1. CHAPTER I: POLLUTION CONTROL BOARD
    2. SUBCHAPTER d: UNDERGROUND INJECTION CONTROL AND UNDERGROUND STORAGE TANK PROGRAMS
      1. PART 734
      2. PETROLEUM UNDERGROUND STORAGE TANKS
      3. (RELEASES REPORTED ON OR AFTER JUNE 24, 2002)
      4. SUBPART A: GENERAL
        1. Section 734.115 Definitions
        2. Section 734.710 Contents of a No Further Remediation Letter

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ILLINOIS POLLUTION CONTROL BOARD
April 19, 2007
 
IN THE MATTER OF:
 
PROPOSED AMENDMENTS TO THE BOARD’S PROCEDURAL RULES AND UNDERGROUND STORAGE TANK REGULATIONS TO REFLECT P.A. 94-0274,
P.A. 94-0276, AND P.A. 94-0824 (35 ILL. ADM. CODE 101.202, 732.103, 732.702, 734.115, 734.710)
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R07-17
(Rulemaking – Procedural, Land)
Proposed Rule. First Notice.
 
OPINION AND ORDER OF THE BOARD (by A.S. Moore):
 
 The Board today opens this rulemaking docket R07-17 to propose amendments to its procedural rules and its underground storage tank (UST) regulations for first-notice publication in the Illinois Register. This proposal intends only to make the Board’s regulations consistent with recent amendments to the Environmental Protection Act (Act) (415 ILCS 5/1 et seq. (2004)) enacted by Public Acts 94-0274, 94-0276, and 94-0874.
 

   
In R07-17, the Board proposes to amend only five sections in three Parts of its rules: 35 Ill. Adm. Code 101.202, 732.103, 732.702, 734.115, and 734.710. In this opinion, the Board first discusses the statutory provisions necessitating the proposed rule changes. The order then sets forth the language amending the Board’s rules.
DISCUSSION
This rulemaking proposes only those changes necessary to make the Board’s regulations consistent with recent revisions to the Act. These statutory amendments have taken effect since the Board’s last rulemaking docket addressing statutory revisions. See Amendments to the Procedural Rules – “Pollution Control Facility” Definition Under P.A. 93-0998, P.A. 94-0094, and P.A. 94-0249 (35 Ill. Adm. Code 101.202) R06-9 (Nov. 17, 2005).

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Public Act 94-0274

 Public Act 94-0274 (P.A. 94-0274), effective January 1, 2006, amended the Act’s definitions with regard to certain activities taken by the Illinois Environmental Protection Agency (Agency) in its underground storage tank (UST) program. See 415 ILCS 5/57.2 (2004). Specifically, P.A. 94-0274 provides that, in Title XVI of the Act addressing petroleum USTs,
 
the term “owner” shall also mean any person who has submitted to the Agency a written election to proceed under this Title and has acquired an ownership interest in a site on which one or more registered tanks have been removed, but on which corrective action has not yet resulted in the issuance of a “no further remediation letter” by the Agency pursuant to this Title. P.A. 94-0274.
 
The Board proposes to amend the definition of “owner” in Sections 732.103 and 734.115 of its UST regulations (35 Ill. Adm. Code 732.103, 734.115) to reflect the statutory amendment enacted by P.A. 94-0274.
 

Public Act 94-0276
 

 Public Act 94-0276 (P.A. 94-0276), effective January 1, 2006, amended the Act’s provisions regarding no further remediation (NFR) letters. See 415 ILCS 5/57.10(c). Specifically, P.A. 94-0276 provides that the Act’s subsection addressing the significance of the Agency’s issuance of an NFR letter “does not apply to off-site contamination related to the occurrence that has not been remediated due to denial of access to the off-site property.” P.A. 94-0276. The Board proposes to amend its regulations regarding NFR letters in Sections 732.702 and 734.710 (35 Ill. Adm. Code 732.702, 734.710) to reflect the statutory amendment enacted by P.A. 92-0276.
 

Public Act 94-0824
 

 Public Act 94-0824 (P.A. 94-0824), effective June 2, 2006, amended the Act’s definition of “pollution control facility.” See 415 ILCS 5/3.330(a)(11.5). Specifically, P.A. 94-0824 added a sixteenth exception to that definition:
 
processing sites or facilities that receive only on-specification used oil, as defined in 35 Ill. Adm. Code 739, originating from used oil collectors for processing that its managed under 35 Ill. Adm. Code 739 to produce products for sale to off-site petroleum facilities, if these processing sites or facilities are: (i) located within a home rule unit of local government with a population of at least 30,000 according to the 2000 federal census, that home rule unit of local government has been designated as an Urban Round II Empowerment Zone by the United States Department of Housing and Urban Development, and that home rule unit of local government has enacted an ordinance approving the location of the site or facility and provided funding for the site or facility; and (ii) in compliance with all applicable zoning requirements. P.A. 94-0824.
 
The Board proposes to amend the definition of “pollution control facility” in Section 101.202 (35 Ill. Adm. Code 101.202) of its procedural rules to reflect the statutory amendment enacted by P.A. 94-0824.
 

HEARINGS
 

The Board will hold two hearings on this proposal, as the proposed changes to the UST rules require. However, the Board intends only to amend its regulations to the extent necessary to make them consistent with recent amendments to the Act adopted by Public Acts 94-0274, 94-0276, and 94-0874. Interested persons should contact the hearing officer for additional information.
 

ORDER
 

 The Board directs the Clerk to cause publication of the following proposed amendments in the Illinois Register for first notice. Proposed additions are underlined.
 

TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE A: GENERAL PROVISIONS
CHAPTER I: POLLUTION CONTROL BOARD
 
PART 101
GENERAL RULES
 
SUBPART A: GENERAL PROVISIONS
 

Section

 
101.100 Applicability
101.102 Severability
101.104 Repeals
101.106 Board Authority
101.108 Board Proceedings
101.110 Public Participation
101.112 Bias and Conflict of Interest
101.114 Ex Parte Communications

SUBPART B: DEFINITIONS
 


Section

 
101.200 Definitions Contained in the Act
101.202 Definitions for Board’s Procedural Rules

SUBPART C: COMPUTATION OF TIME, FILING, SERVICE OF DOCUMENTS, AND STATUTORY DECISION DEADLINES
 

Section

 
101.300 Computation of Time
101.302 Filing of Documents
101.304 Service of Documents
101.306 Incorporation of Documents by Reference
101.308 Statutory Decision Deadlines and Waiver of Deadlines

SUBPART D: PARTIES, JOINDER, AND CONSOLIDATION
 

Section

 
101.400 Appearances, Withdrawals, and Substitutions of Attorneys in Adjudicatory Proceedings
101.402 Intervention of Parties
101.403 Joinder of Parties
101.404 Agency as a Party in Interest
101.406 Consolidation of Claims
101.408 Severance of Claims

SUBPART E: MOTIONS
 

Section

 
101.500 Filing of Motions and Responses
101.502 Motions Directed to the Hearing Officer
101.504 Contents of Motions and Responses
101.506 Motions Attacking the Sufficiency of the Petition, Complaint, or Other Pleading
101.508 Motions to Board Preliminary to Hearing
101.510 Motions to Cancel Hearing
101.512 Motions for Expedited Review
101.514 Motions to Stay Proceedings
101.516 Motions for Summary Judgment
101.518 Motions for Interlocutory Appeal from Hearing Officer Orders
101.520 Motions for Reconsideration
101.522 Motions for Extension of Time

SUBPART F: HEARINGS, EVIDENCE, AND DISCOVERY
 

Section

101.600 Hearings
101.602 Notice of Board Hearings
101.604 Formal Board Transcript
101.606 Informal Recordings of the Proceedings
101.608 Default
101.610 Duties and Authority of the Hearing Officer
101.612 Schedule to Complete the Record
101.614 Production of Information
101.616 Discovery
101.618 Admissions
101.620 Interrogatories
101.622 Subpoenas and Depositions
 
101.624 Examination of Adverse, Hostile or Unwilling Witnesses
101.626 Information Produced at Hearing
101.628 Statements from Participants
101.630 Official Notice
101.632 Viewing of Premises

SUBPART G: ORAL ARGUMENT
 

Section

 
101.700 Oral Argument

SUBPART H: SANCTIONS
 

 
Section
101.800 Sanctions for Failure to Comply with Procedural Rules, Board Orders, or Hearing Officer Orders
101.802 Abuse of Discovery Procedures

 
SUBPART I: REVIEW OF FINAL BOARD OPINIONS AND ORDERS
 

Section

 
101.902 Motions for Reconsideration
101.904 Relief from and Review of Final Opinions and Orders
101.906 Judicial Review of Board Orders
101.908 Interlocutory Appeal

101.APPENDIX A    Captions

ILLUSTRATION A Enforcement Case

 ILLUSTRATION B  Citizen’s Enforcement Case
 ILLUSTRATION C  Variance
 ILLUSTRATION D  Adjusted Standard Petition
 ILLUSTRATION E  Joint Petition for an Adjusted Standard
 ILLUSTRATION F  Permit Appeal
 ILLUSTRATION G  Underground Storage Tank Appeal
 ILLUSTRATION H  Pollution Control Facility Siting Appeal
 ILLUSTRATION I  Administrative Citation
 ILLUSTRATION J  General Rulemaking
 ILLUSTRATION K  Site-specific Rulemaking
101.APPENDIX B    Appearance Form

101.APPENDIX C Withdrawal of Appearance Form

101.APPENDIX D    Notice of Filing

101.APPENDIX E Certificate of Service
101.ILLUSTRATION A Service by Non-Attorney

 101.ILLUSTRATION B  Service by Attorney

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101.APPENDIX F
Notice of Withdrawal (Repealed)

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101.APPENDIX G    Comparison of Former and Current Rules (Repealed)
 
AUTHORITY: Implementing Sections 5, 7.1, 7.2, 26, 27, 28, 29, 31, 32, 33, 35, 36, 37, 38, 40, 40.1, 40.2, 41, and 58.7 of the Environmental Protection Act (Act) [415 ILCS 5/5, 7.1, 7.2, 26, 27, 28, 29, 31, 32, 33, 35, 36, 37, 38, 40, 40.1, 40.2, 41, and 58.7] and authorized by Sections 26 and 27 of the Act [415 ILCS 5/26 and 27].
 
SOURCE: Filed with Secretary of State January 1, 1978; codified 6 Ill. Reg. 8357; Part repealed, new Part adopted in R88-5A at 13 Ill. Reg. 12055, effective July 10, 1989; amended in R90-24 at 15 Ill. Reg. 18677, effective December 12, 1991; amended in R92-7 at 16 Ill. Reg. 18078, effective November 17, 1992; old Part repealed, new Part adopted in R00-20 at 25 Ill. Reg.446, effective January 1, 2001; amended in R04-24 at 29 Ill. Reg. 8743, effective June 8, 2005; amended in R06-9 at 29 Ill. Reg. 19666, effective November 21, 2005; amended in R07-7 at 31 Ill. Reg. ___________, effective ____________________.
 

SUBPART B: DEFINITIONS
 

  
Section 101.202 Definitions for Board’s Procedural Rules
Unless otherwise provided in 35 Ill. Adm. Code 101-130, or unless a different meaning of a word or term is clear from the context, the following definitions also apply to the Board’s procedural rules, found in 35 Ill. Adm. Code 101 through 130:

“Act” means the Environmental Protection Act [415 ILCS 5/1].
 
“Adjudicatory proceeding” means an action of a quasi-judicial nature brought before the Board pursuant to authority granted to the Board under Section 5(d) of the Act or as otherwise provided by law. Adjudicatory proceedings include enforcement, variance, permit appeal, pollution control facility siting appeal, Underground Storage Tank (UST) Fund determination, water well set back exception, adjusted standard, and administrative citation proceedings. Adjudicatory proceedings do not include regulatory, quasi-legislative, or informational proceedings.
 

                             
“Adjusted standard” or “AS” means an alternative standard granted by the Board in an adjudicatory proceeding pursuant to Section 28.1 of the Act and 35 Ill. Adm. Code 104.Subpart D. The adjusted standard applies instead of the rule or regulation of general applicability.
“Administrative citation” or “AC” means a citation issued pursuant to Section 31.1 of the Act by the Agency, or by a unit of local government acting as the Agency's delegate pursuant to Section 4(r) of the Act.
“Administrative citation review (appeal)” means a petition for review of an administrative citation filed pursuant to Section 31.1(d) of the Act. (See 35 Ill. Adm. Code 108.)
“Affidavit” means a sworn, signed statement witnessed by a notary public. 
“Affidavit of service” means an affidavit that states that service of a document upon specified persons was made, and the manner in which, and date upon which, service was made.
“Agency” means the Illinois Environmental Protection Agency as established by Section 4 of the Act.
“Agency recommendation” means the document filed by the Agency pursuant to Sections 37(a) and 28.1(d)(3) of the Act in which the Agency provides its recommended disposition of a petition for variance or an adjusted standard. This includes a recommendation to deny, or a recommendation to grant with or without conditions. (See 35 Ill. Adm. Code 104.218 and 104.416.)
“Amicus curiae brief” means a brief filed in a proceeding by any interested person who is not a party. (See Sections 101.110 and 101.628 of this Part.)
“Applicant” means any person who submits, or has submitted, an application for a permit or for local siting approval pursuant to any of the authorities to issue permits or granting of siting approval identified in Sections 39, 39.1, and 39.5 of the Act.
“Article” means any object, material, device or substance, or whole or partial copy thereof, including any writing, record, document, recording, drawing, sample, specimen, prototype, model, photograph, culture, microorganism, blueprint or map
[415 ILCS 5/7.1].
“Attorney General” means the Attorney General of the State of Illinois
or representatives thereof.
“Authorized representative” means any person who is authorized to act on behalf of another person.
“Board” means the Illinois Pollution Control Board as created in Section 5 of the Act or, if applicable, its designee.
“Board decision” means an opinion or an order voted in favor of by at least three
members of the Board at an open Board meeting except in a proceeding to remove a seal under Section 34(d) of the Act.
“Board designee” means an employee of the Board who has been given authority by the Board to carry out a function for the Board (e.g., the Clerk, Assistant Clerk of the Board, or hearing officer).
“Board meeting” means an open meeting held by the Board pursuant to Section 5(a) of the Act in which the Board makes its decisions and determinations.
“Board’s procedural rules” means the Board’s regulations set forth at 35 Ill. Adm. Code 101 through 130.
“Brief” means a written statement that contains a summary of the facts of a proceeding, the pertinent laws, and an argument of how the law applies to the facts supporting a position.
“CAAPP” means the Clean Air Act Permit Program, as adopted in Section 39.5 of the Act.
“Certificate of acceptance” means a certification, executed by a successful petitioner in a variance proceeding, in which the petitioner agrees to be bound by all terms and conditions that the Board has affixed to the grant of variance.
“Chairman” means the Chairman of the Board designated by the Governor pursuant to Section 5(a) of the Act.
“Citizen’s enforcement proceeding” means an enforcement action brought before the Board pursuant to Section 31(d) of the Act by any person who is not authorized to bring the action on behalf of the People of the State of Illinois.
“Clean Air Act” or “CAA” means the federal Clean Air Act, as now and hereafter amended, 42 USC 7401 et seq. [415 ILCS 5/ 39.5]
“Clean Water Act” means the federal Clean Water Act, 33 USC 1251 et seq.
“Clerk” means the Clerk of the Board.
“Complaint” means the initial filing that begins an enforcement proceeding pursuant to Section 31 of the Act and 35 Ill. Adm. Code 103.
“Compliance plan” means a detailed description of a program designed to achieve compliance with the Act and Board regulations.
“Copy” means any facsimile, replica, photograph or other reproduction of an article, and any note, drawing or sketch made of or from an article [415 ILCS 5/7.1].
“Counter-complaint” means a pleading that a respondent files setting forth a claim against a complainant. (See 35 Ill. Adm. Code 103.206.)

“Cross-complaint” means a pleading that a party files setting forth a claim against a co-party. (See 35 Ill. Adm. Code 103.206.)
 

“Cross-media impacts” means impacts that concern multiple environmental areas, such as air, land and/or water.
 

       
“Decision date” means the Board meeting immediately preceding the decision deadline.
“Decision deadline” means the last day of any decision period, as established by law, within which the Board is required to render a decision in an adjudicatory proceeding. (See Subpart C of this Part.) (See also Sections 38(a), 40, and 40.1 of the Act that establish 120-day decision deadlines for variances, permit appeals, and review of pollution control facility siting decisions respectively.)
“Decision period” means the period of time established by the Act within which the Board is required to make a Board decision in certain adjudicatory proceedings. (See Subpart C of this Part.) (See also Sections 38(a), 40, and 40.1 of the Act that establish 120-day decision deadlines for variances, permit appeals, and review of pollution control facility siting decisions, respectively.)
“Deinked stock” means paper that has been processed to remove inks, clays, coatings, binders and other contaminants [415 ILCS 20/2.1].
“Delegated unit” means the unit of local government to which the Agency has delegated its administrative citation or other function pursuant to Section 4(r) of the Act.
“DNR” means the Illinois Department of Natural Resources.
“Discovery” means a pre-hearing process that can be used to obtain facts and information about the adjudicatory proceeding in order to prepare for hearing. The discovery tools include depositions upon oral and written questions, written interrogatories, production of documents or things, and requests for admission.
 
“DOA” means the Illinois Department of Agriculture.
 
“Duplicative” means the matter is identical or substantially similar to one brought before the Board or another forum.
 
“Environmental Management System Agreement” or “EMSA” means the agreement between the Agency and a sponsor, entered into under Section 52.3 of the Act and 35 Ill. Adm. Code 187, that describes the innovative environmental measures to be implemented, schedules to attain goals, and mechanisms for accountability.
 
“Enforcement proceeding” means an adjudicatory proceeding brought upon a complaint filed pursuant to Section 31 of the Act by the Attorney General, State’s Attorney, or other persons, in which the complaint alleges violation of the Act, any rule or regulation adopted under the Act, any permit or term or condition of a permit, or any Board order.
                        
“Ex parte communication” means any written or oral communication by any person that imparts or requests material information or makes a material argument regarding potential action concerning regulatory, quasi-adjudicatory, investment, or licensing matters pending before or under consideration by the Board. “Ex parte communication” does not include the following:
statements by a person publicly made in a public forum, including pleadings, transcripts, and public comments made part of the proceeding’s record; 
statements regarding matters of procedure and practice, such as format, the number of copies required, the manner of filing, and the status of a matter; and
statements made by a State employee of the Board to Board members or other employees of the Board. [5 ILCS 430/5-50(b)]. For purposes of this definition, “Board employee” means a person the Board employs on a full-time, part-time, contract or intern basis. (See Section 101.114 of this Part.)
“Fast Track rulemaking” means a Clean Air Act rulemaking conducted pursuant to Section 28.5 of the Act.
“Federally required rule” means a rule that is needed to meet the requirements of the federal Clean Water Act, Safe Drinking Water Act, Clean Air Act (including required submission of a State Implementation Plan), or Resource Conservation and Recovery Act, other than a rule required to be adopted under subsection (c) of Section 13, Section 13.3, Section 17.5, subsection (a) or (d) of Section 22.4, or subsection (a) of Section 22.40 [415 ILCS 5/28.2].
“Filing” means the act of delivering a document or article into the custody of the Clerk with the intention of incorporating that document or article into the record of a proceeding before the Board. The Clerk’s Office is located at 100 West Randolph Street, Suite 11-500, Chicago, IL 60601.
 
“Final order” means an order of the Board that terminates the proceeding leaving nothing further to litigate or decide and that is appealable to an appellate court pursuant to Section 41 of the Act. (See Subpart I of this Part.)
“Frivolous” means a request for relief that the Board does not have the authority to grant, or a complaint that fails to state a cause of action upon which the Board can grant relief.
“Hearing” means a public proceeding conducted by a hearing officer where the parties and other interested persons, as provided for by law and the Board’s procedural rules, present evidence and argument regarding their positions.
“Hearing officer” means a person licensed to practice law in the State of Illinois who presides over hearings and otherwise carries out record development responsibilities as directed by the Board.
“IAPA” means the Illinois Administrative Procedure Act [5 ILCS 100].
“Identical-in-substance rules (or regulations)” means State regulations which require the same actions with respect to protection of the environment, by the same group of affected persons, as would federal regulations if USEPA administered the subject program in Illinois [415 ILCS 5/7.2].
“Initial filing” means the filing that initiates a Board proceeding and opens a docket. For instance, the initial filing in an enforcement proceeding is the complaint; in a permit appeal it is a petition for review; and in a regulatory proceeding it is the proposal.
“Innovative environmental measures” means any procedures, practices, technologies or systems that pertain to environmental management and are expected to improve environmental performance when applied. (See 35 Ill. Adm. Code 106.Subpart G.)
“Inquiry hearing” means a hearing conducted by the Board for the purpose of seeking input and comment from the public regarding the need for a rulemaking proceeding in a specific area.
“Interlocutory appeal” means an appeal of a Board decision to the appellate court that is not dispositive of all the contested issues in the proceeding. (See Section 101.908 of this Part.) An interlocutory appeal may also be the appeal of a hearing officer ruling to the Board. (See Section 101.518 of this Part.)
“Intervenor” means a person, not originally a party to an adjudicatory proceeding, who voluntarily participates as a party in the proceeding with the leave of the Board. (See Section 101.402 of this Part.)
“Intervention” means the procedure by which a person, not originally a party to an adjudicatory proceeding, voluntarily comes into the proceeding as a party with the leave of the Board. (See Section 101.402 of this Part.)
“JCAR” means the Illinois General Assembly’s Joint Committee on Administrative Rules established by the IAPA (see 5 ILCS 100/5-90).
“Joinder” means the procedure by which the Board adds a person, not originally a party to an adjudicatory proceeding, as a party to the proceeding. (See Section 101.403 of this Part and 35 Ill. Adm. Code 103.206.)
“Misnomer” means a mistake in name, giving an incorrect name in a complaint or other document with respect to any properly included party.
“Motion” means a request made to the Board or the hearing officer for the purposes of obtaining a ruling or order directing or allowing some act to be done in favor of the movant. (See definition of “movant” in this Section.)
“Movant” means the person who files a motion.
“New pollution control facility” means a pollution control facility initially permitted for development or construction after July 1, 1981; or the area of expansion beyond the boundary of a currently permitted pollution control facility; or a permitted pollution control facility requesting approval to store, dispose of, transfer or incinerate, for the first time, any special or hazardous waste [415 ILCS 5/3.330(b)].

“Non-disclosable information” means information which constitutes a trade secret; information privileged against introduction in judicial proceedings; internal communications of the several agencies; information concerning secret manufacturing processes or confidential data submitted by any person under the Act [415 ILCS 5/7(a)].
 

               
“Notice list” means the list of persons in a regulatory proceeding who will receive all Board opinions and orders and all hearing officer orders. Persons on a notice list generally do not receive copies of motions, public comments, or testimony. (See definition of “service list” in this Section.) (See also 35 Ill. Adm. Code 102.422.)
“Notice to reinstate” means a document filed that recommences the decision period after a decision deadline waiver has been filed. The notice will give the Board a full decision period in which to make a decision. (See Section 101.308 of this Part.)
“Oral argument” means a formal verbal statement of advocacy on a proceeding’s legal questions made at a Board meeting with the Board’s permission. (See Section 101.700 of this Part.)
“OSFM” means Office of the State Fire Marshal.
“OSFM appeal” means an appeal of an OSFM final decision concerning eligibility and deductibility made pursuant to Title XVI of the Act.
“Participant” means any person, not including the Board or its staff, who takes part in an adjudicatory proceeding who is not a party, or a person who takes part in a regulatory or other quasi-legislative proceeding before the Board. A person becomes a participant in any of several ways, including filing a comment, being added to the notice list of a particular proceeding, or testifying at hearing.
“Participant in a CAAPP Comment Process” means a person who takes part in a Clean Air Act Permit Program (CAAPP) permit hearing before the Agency or comments on a draft CAAPP permit.
“Party” means the person by or against whom a proceeding is brought.
“Party in interest” means the Agency when asked to conduct an investigation pursuant to Section 30 of the Act during an ongoing proceeding. (See Section 101.404 of this Part.)
“Peremptory rulemaking” means any rulemaking that is required as a result of federal law, federal rules and regulations, or an order of a court, under conditions that preclude compliance with the general rulemaking requirements of Section 5-40 of the IAPA and that preclude the exercise by the Board as to the content of the rule it is required to adopt. [5 ILCS 100/5-50]
“Permit appeal” means an adjudicatory proceeding brought before the Board pursuant to Title X of the Act.
“Person” means any individual, partnership, co-partnership, firm, company, limited liability company, corporation, association, joint stock company, trust, estate, political subdivision, state agency, or any other legal entity, or their legal representative, agent or assigns. [415 ILCS 5/3.315]
“Petition” means the initial filing in an adjudicatory proceeding other than an enforcement proceeding, including permit appeals, OSFM appeals, UST appeals, appeals of pollution control facility siting decisions, variances and adjusted standards.
“Pilot project” means an innovative environmental project that covers one or more designated facilities, designed and implemented in the form of an EMSA. (See Section 52.3 of the Act.)
“Pollution control facility” means any waste storage site, sanitary landfill, waste disposal site, waste transfer station, waste treatment facility, or waste incinerator. This includes sewers, sewage treatment plants, and any other facilities owned or operated by sanitary districts organized under the Metropolitan Water Reclamation District Act. The following are not pollution control facilities:

waste storage sites regulated under 40 CFR 761.42;
 

 
sites or facilities used by any person conducting a waste storage, waste treatment, waste disposal, waste transfer or waste incineration operation, or a combination thereof, for wastes generated by such person's own activities, when such wastes are stored, treated, disposed of, transferred or incinerated within the site or facility owned, controlled or operated by such person, or when such wastes are transported within or between sites or facilities owned, controlled or operated by such person;
 
sites or facilities at which the State is performing removal or remedial action pursuant to Section 22.2 or 55.3 of the Act;
 
abandoned quarries used solely for the disposal of concrete, earth materials, gravel, or aggregate debris resulting from road construction activities conducted by a unit of government or construction activities due to the construction and installation of underground pipes, lines, conduit or wires off of the premises of a public utility company which are conducted by a public utility;
 
sites or facilities used by any person to specifically conduct a landscape composting operation;
 
regional facilities as defined in the Central Midwest Interstate Low-Level Radioactive Waste Compact;
     
the portion of a site or facility where coal combustion wastes are stored or disposed of in accordance with subdivision (r)(2) or (r)(3) of Section 21 of the Act;
the portion of a site or facility used for the collection, storage or processing of waste tires as defined in Title XIV;
the portion of a site or facility used for treatment of petroleum contaminated materials by application onto or incorporation into the soil surface and any portion of that site or facility used for storage of petroleum contaminated materials before treatment. Only those categories of petroleum listed in Section 57.9(a)(3) of the Act are exempt under this definition;
the portion of a site or facility where used oil is collected or stored prior to shipment to a recycling or energy recovery facility, provided that the used oil is generated by households or commercial establishments, and the site or facility is a recycling center or a business where oil or gasoline is sold at retail;
processing sites or facilities that receive only on-specification used oil, as defined in 35 Ill. Adm. Code 739, originating from used oil collectors for processing that its managed under 35 Ill. Adm. Code 739 to produce products for sale to off-site petroleum facilities, if these processing sites or facilities are: (i) located within a home rule unit of local government with a population of at least 30,000 according to the 2000 federal census, that home rule unit of local government has been designated as an Urban Round II Empowerment Zone by the United States Department of Housing and Urban Development, and that home rule unit of local government has enacted an ordinance approving the location of the site or facility and provided funding for the site or facility; and (ii) in compliance with all applicable zoning requirements [415 ILCS 5/3.330];
 
the portion of a site or facility utilizing coal combustion waste for stabilization and treatment of only waste generated on that site or facility when used in connection with response actions pursuant to the federal Comprehensive Environmental Response, Compensation, and Liability Act of 1980, the federal Resource Conservation and Recovery Act of 1976, or the Illinois Environmental Protection Act or as authorized by the Agency;
   
the portion of a site or facility accepting exclusively general construction or demolition debris, located in a county with a population over 700,000 as of January 1, 2000, and operated and located in accordance with Section 22.38 of the Act;
the portion of a site or facility, located within a unit of local government that has enacted local zoning requirements, used to accept, separate, and process uncontaminated broken concrete, with or without protruding metal bars, provided that the uncontaminated broken concrete and metal bars are not speculatively accumulated, are at the site or facility no longer than one year after their acceptance, and are returned to the economic mainstream in the form of raw materials or products; and
the portion of a site or facility located in a county with a population over 3,000,000 that has obtained local siting approval under Section 39.2 of the Act for a municipal waste incinerator on or before July 1, 2005 and that is used for a non-hazardous waste transfer station [415 ILCS 5/3.330].
              
“Pollution control facility siting appeal” means an appeal of a decision made by a unit of local government filed with the Board pursuant to Section 40.1 of the Act.
“Postconsumer material” means paper, paperboard, and fibrous wastes from retail stores, office buildings, homes, and so forth, after the waste has been passed through its end usage as a consumer item, including used corrugated boxes, old newspapers, mixed waste paper, tabulating cards, and used cordage. Additionally, it includes all paper, paperboard, and other fibrous wastes that are diverted or separated from the municipal solid waste stream [415 ILCS 20/3(f)(2)(i) and (ii)]. (See also definition of “recycled paper” in this Section.)
“Prehearing conference” means a meeting held in an adjudicatory case to determine the status of the proceedings. A prehearing conference may also be a meeting held in a regulatory proceeding prior to the hearing, the purposes of which shall be to maximize understanding of the intent and application of the proposal, if possible, and to attempt to identify and limit the issues of disagreement among participants to promote efficient use of time at hearing [415 ILCS 5/27(d)]. (See 35 Ill. Adm. Code 102.404 and 102.406.)
“Proceeding” means an action conducted before the Board pursuant to authority granted under Section 5 of the Act or as otherwise provided by law. Board proceedings are of two types: quasi-legislative (rulemaking and inquiry proceedings) and quasi-judicial (adjudicatory proceedings).
“Proponent” means any person, not including the Board or its staff, who submits a regulatory proposal to the Board for the adoption, amendment, or repeal of a regulation.
“Provisional variance” means a short term variance sought by an applicant and issued by the Agency pursuant to Section 35(b) of the Act. (See 35 Ill. Adm. Code 104.Subpart C.)
“Public comment” means information submitted to the Board during a pending proceeding either by oral statement made at hearing or written statement filed with the Board.
“Qualitative description” means a narrative description pertaining to attributes and characteristics.
“Quantitative description” means a numerically based description pertaining to attributes and characteristics.
“RCRA variance” means a variance from a RCRA rule or a RCRA permit required pursuant to Section 21(f) of the Act.
“Record” means the official collection, as kept by the Clerk, of all documents and exhibits including pleadings, transcripts, and orders filed during the course of a proceeding.
“Recycled paper” means paper which contains at least 50% recovered paper material. The recovered paper material must contain at least 45% deinked stock or postconsumer material. (See also “postconsumer material” in this Section.)
 
“Registered agent” means a person registered with the Secretary of State for the purpose of accepting service for any entity, or a person otherwise authorized in writing as an agent for the purpose of accepting service for that entity.
“Regulatory hearing” or “proceeding” means a hearing or proceeding held pursuant to Title VII of the Act or other applicable law with respect to regulations.
“Regulatory relief mechanisms” means variances, provisional variances and adjusted standards. (See 35 Ill. Adm. Code 104.)

“Representing” means, for purposes of Part 130, describing, depicting, containing, constituting, reflecting or recording [415 ILCS 5/7.1].
 
“Requester” means, for purposes of Part 130, the person seeking from the agency the material claimed or determined to be a trade secret (see 415 ILCS 5/7.1).
 

                      
“Resource Conservation and Recovery Act” or “RCRA” means the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act of 1976 (42 USC 6901 et seq.).
“Rulemaking” or “rulemaking proceeding” means a proceeding brought under Title VII of the Act or other applicable law for the purpose of adoption, amendment, or repeal of a regulation.
“Sanction” means a penalty or other mechanism used by the Board to provide incentives for compliance with the Board’s procedural rules, Board orders or hearing officer orders. (See also Subpart H of this Part.)
“SDWA” means the federal Safe Drinking Water Act (42 USC 300f et seq.).
“Service” means delivery of documents upon a person. (See Sections 101.300(c) and 101.304 of this Part.)
“Service list” means the list of persons designated by the hearing officer or Clerk in a regulatory or adjudicatory proceeding upon whom participants must serve motions, prefiled questions and prefiled testimony and any other documents that the participants file with the Clerk unless the hearing officer otherwise directs. (See definition of “notice list” in this Section.) (See also 35 Ill. Adm. Code 102.422.)
“Severance” means the separation of a proceeding into two or more independent proceedings, each of which terminates in a separate, final judgment.
“Site-specific rule or regulation” means a proposed or adopted regulation, not of general applicability, that applies only to a specific facility, geographic site, or activity. (See 35 Ill. Adm. Code 102.208.)
“Sponsor” means the proponent of a pilot project that enters into an EMSA with the Agency.
“State enforcement proceeding” means an enforcement proceeding, other than a citizen’s enforcement proceeding, that is brought pursuant to Section 31 of the Act.
“Stay” means a temporary suspension of the regular progress of a proceeding pursuant to an order of the Board or by operation of law. (See Section 101.514 of this Part.)
“Subpoena” means a command to appear at a certain time and place to give testimony upon a certain matter.
“Subpoena duces tecum” means a document that compels the production of specific documents and other items at a specified time and place.
“Summary judgment” means the disposition of an adjudicatory proceeding without hearing when the record, including pleadings, depositions and admissions on file, together with any affidavits, shows that there is no genuine issue of material fact, and that the moving party is entitled to judgment as a matter of law. (See Section 101.516 of this Part.)
“Third party complaint” means a pleading that a respondent files setting forth a claim against a person who is not already a party to the proceeding. (See 35 Ill. Adm. Code 103.206.)
“Trade secret” means the whole or any portion or phase of any scientific or technical information, design, process (including a manufacturing process), procedure, formula or improvement, or business plan which is secret in that it has not been published or disseminated or otherwise become a matter of general public knowledge, and which has competitive value. A trade secret is presumed to be secret when the owner thereof takes reasonable measures to prevent it from becoming available to persons other than those selected by the owner to have access thereto for limited purposes. [415 ILCS 5/3.490]
“Transcript” means the official recorded testimony from a hearing.
“USEPA” means the United States Environmental Protection Agency.
“Underground storage tank appeal” or “UST appeal” means an appeal of an Agency final decision made pursuant to Title XVI of the Act.
“UST” means underground storage tank.
“Variance” means a temporary exemption from any specified regulation, requirement or order of the Board granted to a petitioner by the Board pursuant to Title IX of the Act upon presentation of adequate proof that compliance with the rule or regulation, requirement or order of the Board would impose an arbitrary or unreasonable hardship [415 ILCS 5/35(a)].
“Waiver” means the intentional relinquishing of a known right, usually with respect to a hearing before the Board or entry of a Board decision within the decision period. (See also Section 101.308 of this Part.)
 
“Web site” means the Board’s computer-based informational service accessed on the Internet at http://www.ipcb.state.il.us .

(Source: Amended at 31 Ill. Reg. ____________, effective _________________)
 

 
TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE G: WASTE DISPOSAL
CHAPTER I: POLLUTION CONTROL BOARD
SUBCHAPTER d: UNDERGROUND INJECTION CONTROL AND UNDERGROUND STORAGE TANK PROGRAMS



PART 732



PETROLEUM UNDERGROUND STORAGE TANKS



(RELEASES REPORTED SEPTEMBER 23, 1994, THROUGH JUNE 23, 2002)
 

 
SUBPART A: GENERAL


Section
732.100 Applicability
732.101 Election to Proceed under Part 732
732.102 Severability
732.103 Definitions
732.104 Incorporations by Reference
732.105 Agency Authority to Initiate Investigative, Preventive or Corrective Action
732.106 Laboratory Certification


732.108 Licensed Professional Engineer or Licensed Professional Geologist Supervision
732.110 Form and Delivery of Plans, Budget Plans, and Reports; Signatures and Certifications
 
732.112 Notification of Field Activities
732.114 LUST Advisory Committee
     
SUBPART B: EARLY ACTION
Section
732.200 General
732.201 Agency Authority to Initiate
732.202 Early Action
732.203 Free Product Removal
732.204 Application for Payment of Early Action Costs
SUBPART C: SITE EVALUATION AND CLASSIFICATION
Section
732.300 General
732.301 Agency Authority to Initiate
732.302 No Further Action Sites
732.303 Low Priority Sites
732.304 High Priority Sites
732.305 Plan Submittal and Review
732.306 Deferred Site Classification; Priority List for Payment
732.307 Site Evaluation
732.308 Boring Logs and Sealing of Soil Borings and Groundwater Monitoring Wells
732.309 Site Classification Completion Report
732.310 Indicator Contaminants
732.311 Groundwater Remediation Objectives
732.312 Classification by Exposure Pathway Exclusion
SUBPART D: CORRECTIVE ACTION
Section
732.400 General
732.401 Agency Authority to Initiate
732.402 No Further Action Site
732.403 Low Priority Site
732.404 High Priority Site
732.405 Plan Submittal and Review
732.406 Deferred Corrective Action; Priority List for Payment
732.407 Alternative Technologies
732.408 Remediation Objectives
732.409 Groundwater Monitoring and Corrective Action Completion Reports
732.410 No Further Remediation” Letter (Repealed)
 
732.411 Off-site Access
       
SUBPART E: REVIEW OF PLANS, BUDGET PLANS, AND REPORTS
Section
732.500 General
732.501 Submittal of Plans or Reports (Repealed)
732.502 Completeness Review (Repealed)
732.503 Review of Plans, Budget Plans, or Reports
732.504 Selection of Plans or Reports for Full Review (Repealed)
732.505 Standards for Review of Plans, Budget Plans, or Reports
SUBPART F: PAYMENT FROM THE FUND
Section
732.600 General
732.601 Applications for Payment
732.602 Review of Applications for Payment
732.603 Authorization for Payment; Priority List
732.604 Limitations on Total Payments
732.605 Eligible Corrective Action Costs
732.606 Ineligible Corrective Action Costs
732.607 Payment for Handling Charges
732.608 Apportionment of Costs
732.609 Subrogation of Rights
732.610 Indemnification
732.611 Costs Covered by Insurance, Agreement or Court Order
732.612 Determination and Collection of Excess Payments
732.614 Audits and Access to Records; Records Retention
SUBPART G: NO FURTHER REMEDIATION LETTERS AND RECORDING REQUIREMENTS
Section
732.700 General
732.701 Issuance of a No Further Remediation Letter
732.702 Contents of a No Further Remediation Letter
732.703 Duty to Record a No Further Remediation Letter
732.704 Voidance of a No Further Remediation Letter
SUBPART H: MAXIMUM PAYMENT AMOUNTS


Section
732.800 Applicability
732.810 UST Removal or Abandonment Costs
732.815 Free Product or Groundwater Removal and Disposal
732.820 Drilling, Well Installation, and Well Abandonment
732.825 Soil Removal and Disposal
732.830 Drum Disposal
732.835 Sample Handling and Analysis
732.840 Concrete, Asphalt, and Paving; Destruction or Dismantling and Reassembly of Above Grade Structures
732.845 Professional Consulting Services
732.850 Payment on Time and Materials Basis
732.855 Bidding
732.860 Unusual or Extraordinary Circumstances
732.865 Handling Charges

732.870  Increase in Maximum Payment Amounts
732.875  Agency Review of Payment Amounts
 

 
732.APPENDIX A
Indicator Contaminants
732.APPENDIX B
Additional Parameters
732.APPENDIX C Backfill Volumes
732.APPENDIX D Sample Handling and Analysis
732.APPENDIX E Personnel Titles and Rates
TABLE A Groundwater and Soil Remediation Objectives (Repealed)
TABLE B Soil remediation Methodology: Model Parameter Values (Repealed)
TABLE C Soil remediation Methodology: Chemical Specific Parameters (Repealed)
TABLE D Soil remediation Methodology: Objectives (Repealed)
    
ILLUSTRATION A
Equation for Groundwater Transport (Repealed)
ILLUSTRATION B
Equation for Soil-Groundwater Relationship (Repealed)
ILLUSTRATION C
Equation for Calculating Groundwater Objectives at the Source (Repealed)
ILLUSTRATION D
Equation for Calculating Soil Objectives at the Source (Repealed)
AUTHORITY: Implementing Sections 22.12 and 57-57.17 and authorized by Section 57.14 of the Environmental Protection Act [415 ILCS 5/22.12, 57-57.17].
SOURCE: Adopted in R94-2 at 18 Ill. Reg. 15008, effective September 23, 1994; amended in R97-10 at 21 Ill. Reg. 3617, effective July 1, 1997; amended in R01-26 at 26 Ill. Reg. 7119, effective April 29, 2002; amended in R04-22/23 at 30 Ill. Reg. 4928, effective March 1, 2006; amended in R07-7 at 31 Ill. Reg. _____________, effective _____________.
NOTE: Italics denotes statutory language.
 
SUBPART A: GENERAL
  
Section 732.103
Definitions
Except as stated in this Section, or unless a different meaning of a word or term is clear from the context, the definitions of words or terms in this Part shall be the same as that applied to the same words or terms in the Environmental Protection Act [415 ILCS 5].

“Act” means the Environmental Protection Act [415 ILCS 5].
 

         
“Agency” means the Illinois Environmental Protection Agency.
“Alternative Technology” means a process or technique, other than conventional technology, used to perform a corrective action with respect to soils contaminated by releases of petroleum from an underground storage tank.
“Board” means the Illinois Pollution Control Board.
“Bodily Injury” means bodily injury, sickness, or disease sustained by a person, including death at any time, resulting from a release of petroleum from an underground storage tank [415 ILCS 5/57.2].
“Class I Groundwater” means groundwater that meets the Class I: potable resource groundwater criteria set forth in the Board regulations adopted pursuant to the Illinois Groundwater Protection Act [415 ILCS 5/57.2].
“Class III Groundwater” means groundwater that meets the Class III: special resource groundwater criteria set forth in the Board regulations adopted pursuant to the Illinois Groundwater Protection Act [415 ILCS 5/57.2].
“Community water supply” means a public water supply which serves or is intended to serve at least 15 service connections used by residents or regularly serves at least 25 residents [415 ILCS 5/3.145].
“Confirmed Exceedence” means laboratory verification of an exceedence of the applicable remediation objectives.
“Confirmation of a Release” means the confirmation of a release of petroleum in accordance with regulations promulgated by the Office of the State Fire Marshal at 41 Ill. Adm. Code 170.
 
“Confirmed Release” means a release of petroleum that has been confirmed in accordance with regulations promulgated by the Office of the State Fire Marshal at 41 Ill. Adm. Code 170.
  
“Conventional Technology” means a process or technique to perform a corrective action by removal, transportation and disposal of soils contaminated by a release of petroleum from an underground storage tank in accordance with applicable laws and regulations, but without processing to remove petroleum from the soils.
“Corrective action” means activities associated with compliance with the provisions of Sections 57.6 and 57.7 of the Act [415 ILCS 5/57.2].

“County Highway” means county highway as defined in the Illinois Highway Code [605 ILCS 5].
 
“District Road” means a district road as defined in the Illinois Highway Code [605 ILCS 5].
 

 
“Environmental Land Use Control” means Environmental Land Use Control as defined in 35 Ill. Adm. Code 742.200.
 
“Federal Landholding Entity” means that federal department, agency or instrumentality with the authority to occupy and control the day-to-day use, operation and management of Federally Owned Property.
 
“Federally Owned Property” means real property owned in fee simple by the United States on which an institutional control is or institutional controls are sought to be placed in accordance with this Part.
 
“Fill Material” means non-native or disturbed materials used to bed and backfill around an underground storage tank [415 ILCS 5/57.2].

“Financial Interest” means any ownership interest, legal or beneficial, or being in the relationship of director, officer, employee, or other active participant in the affairs of a party. Financial interest does not include ownership of publicly traded stock.
 
“Free Product” means a contaminant that is present as a non-aqueous phase liquid for chemicals whose melting point is less than 30°C (e.g., liquid not dissolved in water).
 

   
“Full Accounting” means a compilation of documentation to establish, substantiate and justify the nature and extent of the corrective action costs incurred by an owner or operator.
“Fund” means the Underground Storage Tank Fund [415 ILCS 5/57.2].
“GIS” means Geographic Information System.

“GPS” means Global Positioning System.
 

 
“Groundwater” means underground water which occurs within the saturated zone and geologic materials where the fluid pressure in the pore space is equal to or greater than atmospheric pressure [415 ILCS 5/3.210].
 
“Half-day” means four hours, or a fraction thereof, of billable work time. Half-days must be based upon the total number of hours worked in one calendar day. The total number of half-days per calendar day may exceed two.

“Handling Charges” means administrative, insurance, and interest costs and a reasonable profit for procurement, oversight, and payment of subcontracts and field purchases.
 

 
“Heating Oil” means petroleum that is No. 1, No. 2, No. 4 -light, No. 4 -heavy, No. 5 -light, No. 5 -heavy or No. 6 technical grades of fuel oil; and other residual fuel oils including navy special fuel oil and bunker C. [415 ILCS 5/57.2]

“Highway Authority” means the Illinois Department of Transportation with respect to a State highway; the Illinois State Toll Highway Authority with respect to a toll highway; the county board with respect to a county highway or a county unit district road if a discretionary function is involved and the county superintendent of highways if a ministerial function is involved; the highway commissioner with respect to a township or district road not in a county or unit road district; or the corporate authorities of a municipality with respect to a municipal street [605 ILCS 5/2-213].
 
“Highway Authority Agreement” means an agreement with a highway authority that meets the requirements of 35 Ill. Adm. Code 742.1020.
 

   
“IEMA” means the Illinois Emergency Management Agency.
“Indemnification” means indemnification of an owner or operator for the amount of judgment entered against the owner or operator in a court of law, for the amount of any final order or determination made against the owner or operator by any agency of State government or any subdivision thereof, or for the amount of any settlement entered into by the owner or operator, if the judgment, order, determination, or settlement arises out of bodily injury or property damage suffered as a result of a release of petroleum from an underground storage tank owned or operated by the owner or operator [415 ILCS 5/57.2].
“Indicator Contaminants” means the indicator contaminants set forth in Section 732.310 of this Part.

“Institutional Control” means a legal mechanism for imposing a restriction on land use as described in 35 Ill. Adm. Code 742, Subpart J.
 
“Land Use Control Memorandum of Agreement” means an agreement entered into between one or more agencies of the United States and the Illinois Environmental Protection Agency that limits or places requirements upon the use of Federally Owned Property for the purpose of protecting human health or the environment, or that is used to perfect a No Further Remediation Letter that contains land use restrictions.
 

    
“Licensed Professional Engineer” means a person, corporation or partnership licensed under the laws of the State of Illinois to practice professional engineering [415 ILCS 5/57.2].
“Licensed Professional Geologist” means a person licensed under the laws of the State of Illinois to practice as a professional geologist [415 ILCS 5/57.2].
“Man-made Pathway” means constructed routes that may allow for the transport of mobile petroleum free-liquid or petroleum-based vapors including, but not limited to, sewers, utility lines, utility vaults, building foundations, basements, crawl spaces, drainage ditches or previously excavated and filled areas.
“Monitoring Well” means a water well intended for the purpose of determining groundwater quality or quantity.

“Natural Pathway” means natural routes for the transport of mobile petroleum free-liquid or petroleum-based vapors including, but not limited to, soil, groundwater, sand seams and lenses, and gravel seams and lenses.
 
“Non-community Water Supply” means a public water supply that is not a community water supply [415 ILCS 5/3.145].
 


“Occurrence” means an accident, including continuous or repeated exposure to conditions, that results in a sudden or nonsudden release from an underground storage tank [415 ILCS 5/57.2].
 
“OSFM” means the Office of the State Fire Marshal.
 
“Operator” means any person in control of, or having responsibility for, the daily operation of the underground storage tank. (Derived from 42 USC 6991)
 
BOARD NOTE: A person who voluntarily undertakes action to remove an underground storage tank system from the ground shall not be deemed an “operator” merely by the undertaking of such action.
 
“Owner” means:
 

   
In the case of an underground storage tank in use on November 8, 1984, or brought into use after that date, any person who owns an underground storage tank used for the storage, use or dispensing of regulated substances;
In the case of any underground storage tank in use before November 8, 1984, but no longer in use on that date, any person who owned such underground storage tank immediately before the discontinuation of its use;. (Derived from 42 USC 6991)
The term “owner” shall also mean any person who has submitted to the Agency a written election to proceed under the underground storage tank program and has acquired an ownership interest in a site on which one or more registered tanks have been removed, but on which corrective action has not yet resulted in the issuance of a “no further remediation letter” by the Agency pursuant to the underground storage tank program [415 ILCS 5/57.2].

“Perfect” or “Perfected” means recorded or filed for record so as to place the public on notice, or as otherwise provided in Section 732.703(c) and (d) of this Part.
 
“Person” means, for the purposes of interpreting the definitions of the terms “owner” or “operator,” an individual, trust, firm, joint stock company, joint venture, consortium, commercial entity, corporation (including a government corporation), partnership, association, state, municipality, commission, political subdivision of a state, or any interstate body and shall include the United States Government and each department, agency, and instrumentality of the United States. (Derived from 42 USC 6991)
 

   
“Petroleum” means petroleum, including crude oil or any fraction thereof which is liquid at standard conditions of temperature and pressure (60°F and 14.7 pounds per square inch absolute). (Derived from 42 USC 6991)
“Physical Soil Classification” means verification of geological conditions consistent with regulations for identifying and protecting potable resource groundwater or verification that subsurface strata are as generally mapped in the publication Illinois Geological Survey Circular (1984) entitled “Potential For Contamination Of Shallow Aquifers In Illinois,” by Berg, Richard C., et al. Such classification may include review of soil borings, well logs, physical soil analysis, regional geologic maps, or other scientific publication. [415 ILCS 5/57.2]
“Potable” means generally fit for human consumption in accordance with accepted water supply principles and practices [415 ILCS 5/3.340].

"Practical quantitation limit" or “PQL” means the lowest concentration that can be reliably measured within specified limits of precision and accuracy for a specific laboratory analytical method during routine laboratory operating conditions in accordance with "Test Methods for Evaluating Solid Wastes, Physical/Chemical Methods," EPA Publication No. SW-846, incorporated by reference at Section 732.104 of this Part. For filtered water samples, PQL also means the Method Detection Limit or Estimated Detection Limit in accordance with the applicable method revision in: "Methods for the Determination of Metals in Environmental Samples," EPA Publication No. EPA/600/4-91/010; "Methods for the Determination of Metals in Environmental Samples, Supplement I," EPA Publication No. EPA/600/R-94/111; "Methods for the Determination of Organic Compounds in Drinking Water," EPA Publication No. EPA/600/4-88/039; "Methods for the Determination of Organic Compounds in Drinking Water, Supplement II," EPA Publication No. EPA/600/R-92/129; or "Methods for the Determination of Organic Compounds in Drinking Water, Supplement III," EPA Publication No. EPA/600/R-95/131, all of which are incorporated by reference at Section 732.104 of this Part.
 

    
“Property Damage” means physical injury to, destruction of, or contamination of tangible property owned by a person other than an owner or operator of the UST from which a release of petroleum has occurred and which tangible property is located off the site where the release occurred. Property damage includes all resulting loss of use of that property; or loss of use of tangible property that is not physically injured, destroyed or contaminated, but has been evacuated, withdrawn from use, or rendered inaccessible because of a release of petroleum from an underground storage tank [415 ILCS 5/57.2].
“Public Water Supply” means all mains, pipes and structures through which water is obtained and distributed to the public, including wells and well structures, intakes and cribs, pumping stations, treatment plants, reservoirs, storage tanks and appurtenances, collectively or severally, actually used or intended for use for the purpose of furnishing water for drinking or general domestic use and which serve at least 15 service connections or which regularly serve at least 25 persons at least 60 days per year. A public water supply is either a “community water supply” or a “non-community water supply” [415 ILCS 5/3.365].
“Registration” means registration of an underground storage tank with the OSFM in accordance with Section 4 of the Gasoline Storage Act [430 ILCS 15/4].
“Regulated recharge area” means a compact geographic area, as determined by the Board, the geology of which renders a potable resource groundwater particularly susceptible to contamination [415 ILCS 5/3.390].

“Regulated Substance” means any substance defined in Section 101(14) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 USC Sec. 9601(14)) (but not including any substance regulated as a hazardous waste under subtitle C of the Resource Conservation and Recovery Act (42 USC 6921 et seq.)), and petroleum. (Derived from 42 USC 6991)
 

 
“Release” means any spilling, leaking, emitting, discharging, escaping, leaching, or disposing of petroleum from an underground storage tank into groundwater, surface water or subsurface soils [415 ILCS 5/57.2].

“Residential Tank” means an underground storage tank located on property used primarily for dwelling purposes.
 

    
“Residential Unit” means a structure used primarily for dwelling purposes including multi-unit dwellings such as apartment buildings, condominiums, cooperatives or dormitories.
“Right-of-way” means the land, or interest therein, acquired for or devoted to a highway [605 ILCS 5/2-217].
“Setback Zone” means a geographic area, designated pursuant to the Act  or regulations (see 35 Ill. Adm. Code, Subtitle F), containing a potable water supply well or a potential source or potential route, having a continuous boundary, and within which certain prohibitions or regulations are applicable in order to protect groundwater [415 ILCS 5/3.450].
“Site” means any single location, place, tract of land or parcel of property including contiguous property not separated by a public right-of-way [415 ILCS 5/57.2].

“State Highway” means a State highway as defined in the Illinois Highway Code [605 ILCS 5].
 
“Stratigraphic Unit” means a site-specific geologic unit of native deposited material and/or bedrock of varying thickness (e.g., sand, gravel, silt, clay, bedrock, etc.). A change in stratigraphic unit is recognized by a clearly distinct contrast in geologic material or a change in physical features within a zone of gradation. For the purposes of this Part, a change in stratigraphic unit is identified by one or a combination of differences in physical features such as texture, cementation, fabric, composition, density, and/or permeability of the native material and/or bedrock.
 
“Street” means a street as defined in the Illinois Highway Code [605 ILCS 5].
 

  
“Surface Body of Water” or “Surface Water Body” means a natural or man-made body of water on the ground surface including, but not limited to, lakes, ponds, reservoirs, retention ponds, rivers, streams, creeks and drainage ditches. Surface body of water does not include puddles or other accumulations of precipitation, run-off or groundwater in UST excavations.
“Tank Field” means all underground storage tanks at a site that reside within a circle with a 100 foot radius.

“Toll Highway” means a toll highway as defined in the Toll Highway Act [605 ILCS 10].
 
“Township Road” means a township road as defined in the Illinois Highway Code [605 ILCS 5].
 

   
“Underground Storage Tank” or “UST” means any one or combination of tanks (including underground pipes connected thereto) which is used to contain an accumulation of regulated substances, and the volume of which (including the volume of underground pipes connected thereto) is 10 percent or more beneath the surface of the ground. Such term does not include any of the following or any pipes connected thereto:
Farm or residential tank of 1,100 gallons or less capacity used for storing motor fuel for noncommercial purposes;
Septic tank;

Pipeline facility (including gathering lines) regulated under the Natural Gas Pipeline Safety Act of 1968 (49 USC App. 1671 et seq.), or the Hazardous Liquid Pipeline Safety Act of 1979 (49 USC App. 2001 et seq.), or which is an intrastate pipeline facility regulated under State laws as provided in either of these provisions of law, and that is determined by the Secretary of Energy to be connected to a pipeline or to be operated or intended to be capable of operating at pipeline pressure or as an integral part of a pipeline;
 

    
Surface impoundment, pit, pond, or lagoon;
Storm water or waste water collection system;
Flow-through process tank;
Liquid trap or associated gathering lines directly related to oil or gas production and gathering operations; or

Storage tank situated in an underground area (such as a basement, cellar, mineworking, drift, shaft, or tunnel) if the storage tank is situated on or above the surface of the floor. (Derived from 42 USC 6991)
 

 
The term “underground storage tank” shall also mean an underground storage tank used exclusively to store heating oil for consumptive use on the premises where stored and which serves other than a farm or residential unit [415 ILCS 5/57.2].

“UST System” or “Tank System” means an underground storage tank, connected underground piping, underground ancillary equipment, and containment system, if any.
 
“Wellhead Protection Area” means the wellhead protection area of a community water supply well as determined under the Agency’s wellhead protection program pursuant to 42 USC 300h-7.
 
(Source: Amended at  31 Ill. Reg. __________, effective ____________)
 
 

 
SUBPART G: NO FURTHER REMEDIATION LETTERS AND RECORDING REQUIREMENTS

Section 732.702  Contents of a No Further Remediation Letter
 
A No Further Remediation Letter issued pursuant to this Part shall include all of the following:
 

  
a) An acknowledgment that the requirements of the applicable report were satisfied;
b) A description of the location of the affected property by adequate legal description or by reference to a plat showing its boundaries, or, for purposes of Section 732.703(d) of this Part, other means sufficient to identify site location with particularity;
  
c) A statement that the remediation objectives were determined in accordance with 35 Ill. Adm. Code 742, and the identification of any land use limitation, as applicable, required by 35 Ill. Adm. Code 742 as a condition of the remediation objectives;
d) A statement that the Agency's issuance of the No Further Remediation Letter signifies that:
  
1) All corrective action requirements under Title XVI of the Act and this Part applicable to the occurrence have been complied with;
2) All corrective action concerning the remediation of the occurrence has been completed; and
 
3) No further corrective action concerning the occurrence is necessary for the protection of human health, safety and the environment [415 ILCS 5/57.10(c)(1)-(3)], or, if the No Further Remediation Letter is issued pursuant to Section 732.411(e) of this Part, that the owner or operator has demonstrated to the Agency’s satisfaction an inability to obtain access to an off-site property despite best efforts and therefore is not required to perform corrective action on the off-site property in order to satisfy the corrective action requirements of this Part, but is not relieved of responsibility to clean up portions of the release that have migrated off-site;
 
This subsection (d) does not apply to off-site contamination related to the occurrence that has not been remediated due to denial of access to the off-site property [415 ILCS 5/57.10(c)];
  
e) The prohibition under Section 732.703(e) of this Part against the use of any site in a manner inconsistent with any applicable land use limitation, without additional appropriate remedial activities;
f) A description of any approved preventive, engineering, and institutional controls identified in the plan or report and notification that failure to manage the controls in full compliance with the terms of the plan or report may result in voidance of the No Further Remediation Letter;

g)  The recording obligations pursuant to Section 732.703 of this Part;
 

 
h) The opportunity to request a change in the recorded land use pursuant to Section 732.703(e) of this Part;
  
i) Notification that further information regarding the site can be obtained from the Agency through a request under the Freedom of Information Act [5 ILCS 140]; and
j) Any other provisions agreed to by the Agency and the owner or operator.

(Source: Amended at 31 Ill. Reg. __________, effective _____________)
 

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TITLE 35: ENVIRONMENTAL PROTECTION

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SUBTITLE G: WASTE DISPOSAL



CHAPTER I: POLLUTION CONTROL BOARD



SUBCHAPTER d: UNDERGROUND INJECTION CONTROL AND UNDERGROUND STORAGE TANK PROGRAMS
 



PART 734



PETROLEUM UNDERGROUND STORAGE TANKS



(RELEASES REPORTED ON OR AFTER JUNE 24, 2002)
 


SUBPART A: GENERAL

Section
734.100 Applicability
734.105 Election to Proceed under Part 734
734.110 Severability
734.115 Definitions
734.120 Incorporations by Reference
734.125 Agency Authority to Initiate Investigative, Preventive, or Corrective Action
734.130 Licensed Professional Engineer or Licensed Professional Geologist Supervision
734.135 Form and Delivery of Plans, Budgets, and Reports; Signatures and Certifications
734.140 Development of Remediation Objectives
734.145 Notification of Field Activities
734.150 LUST Advisory Committee

SUBPART B: EARLY ACTION

Section
734.200 General
734.205 Agency Authority to Initiate
734.210 Early Action
734.215 Free Product Removal
734.220 Application for Payment of Early Action Costs

SUBPART C: SITE INVESTIGATION AND CORRECTIVE ACTION
 

Section
734.300 General
734.305 Agency Authority to Initiate
734.310 Site Investigation – General
734.315 Stage 1 Site Investigation
734.320 Stage 2 Site Investigation
734.325 Stage 3 Site Investigation
734.330 Site Investigation Completion Report
734.335 Corrective Action Plan
734.340 Alternative Technologies
734.345 Corrective Action Completion Report
734.350 Off-site Access
734.355 Status Report

SUBPART D: MISCELLANEOUS PROVISIONS
 

Section
734.400 General
734.405 Indicator Contaminants
734.410 Remediation Objectives
734.415 Data Quality
734.420 Laboratory Certification
734.425 Soil Borings
734.430 Monitoring Well Construction and Sampling
734.435 Sealing of Soil Borings and Groundwater Monitoring Wells
734.440 Site Map Requirements
734.445 Water Supply Well Survey
734.450 Deferred Site Investigation or Corrective Action; Priority List for Payment

SUBPART E: REVIEW OF PLANS, BUDGETS, AND REPORTS
 

Section
734.500 General
734.505 Review of Plans, Budgets, or Reports
734.510 Standards for Review of Plans, Budgets, or Reports

SUBPART F: PAYMENT FROM THE FUND
 

Section
734.600 General
734.605 Applications for Payment
734.610 Review of Applications for Payment
734.615 Authorization for Payment; Priority List
734.620 Limitations on Total Payments
734.625 Eligible Corrective Action Costs
734.630 Ineligible Corrective Action Costs
734.635 Payment for Handling Charges
734.640 Apportionment of Costs
734.645 Subrogation of Rights
734.650 Indemnification
734.655 Costs Covered by Insurance, Agreement, or Court Order
734.660 Determination and Collection of Excess Payments
734.665 Audits and Access to Records; Records Retention

SUBPART G: NO FURTHER REMEDIATION LETTERS
AND RECORDING REQUIREMENTS
 

Section
734.700 General
734.705 Issuance of a No Further Remediation Letter
734.710 Contents of a No Further Remediation Letter
734.715 Duty to Record a No Further Remediation Letter
734.720 Voidance of a No Further Remediation Letter

SUBPART H: MAXIMUM PAYMENT AMOUNTS
 

Section
734.800 Applicability
734.810 UST Removal or Abandonment Costs
734.815 Free Product or Groundwater Removal and Disposal
734.820 Drilling, Well Installation, and Well Abandonment
734.825 Soil Removal and Disposal
734.830 Drum Disposal
734.835 Sample Handling and Analysis
734.840 Concrete, Asphalt, and Paving; Destruction or Dismantling and Reassembly of Above Grade Structures
734.845 Professional Consulting Services
734.850 Payment on Time and Materials Basis
734.855 Bidding
734.860 Unusual or Extraordinary Circumstances
734.865 Handling Charges
734.870 Increase in Maximum Payment Amounts
734.875 Agency Review of Payment Amounts
734.APPENDIX A Indicator Contaminants
734.APPENDIX B Additional Parameters
734.APPENDIX C Backfill Volumes
734.APPENDIX D Sample Handling and Analysis
734.APPENDIX E Personnel Titles and Rates

AUTHORITY: Implementing Sections 22.12 and 57 - 57.17 and authorized by Sections 5, 22, 27, and 57.14A of the Environmental Protection Act [415 ILCS 5/5, 22, 22.12, 27, and 57 - 57.17]
 
SOURCE: Adopted in R04-22/23 at 30 Ill. Reg.5090, effective March 1, 2006.
 
NOTE: Italics denotes statutory language.
 



SUBPART A: GENERAL



Section 734.115  Definitions
 
Except as stated in this Section, or unless a different meaning of a word or term is clear from the context, the definitions of words or terms in this Part must be the same as those applied to the same words or terms in the Environmental Protection Act [415 ILCS 5].
 
  "Act" means the Environmental Protection Act [415 ILCS 5].
   
  "Agency" means the Illinois Environmental Protection Agency.
   
  "Alternative Technology" means a process or technique, other than conventional technology, used to perform a corrective action with respect to soils contaminated by releases of petroleum from an underground storage tank.
   
  "Board" means the Illinois Pollution Control Board.
   
  “Bodily Injury” means bodily injury, sickness, or disease sustained by a person, including death at any time, resulting from a release of petroleum from an underground storage tank [415 ILCS 5/57.2].
   
  “Community Water Supply” means a public water supply which serves or is intended to serve at least 15 service connections used by residents or regularly serves at least 25 residents [415 ILCS 5/3.145].
   
  “Confirmation of a release” means the confirmation of a release of petroleum in accordance with regulations promulgated by the Office of the State Fire Marshal at 41 Ill. Adm. Code 170.
   
  "Confirmed Release" means a release of petroleum that has been confirmed in accordance with regulations promulgated by the Office of the State Fire Marshal at 41 Ill. Adm. Code 170.
   
  "Conventional Technology" means a process or technique to perform a corrective action by removal, transportation, and disposal of soils contaminated by a release of petroleum from an underground storage tank in accordance with applicable laws and regulations, but without processing to remove petroleum from the soils.
   
  “Corrective Action” means activities associated with compliance with the provisions of Sections 57.6 and 57.7 of the Act [415 ILCS 5/57.2].
   
  “County highway” means county highway as defined in the Illinois Highway Code [605 ILCS 5].
   
  “District road” means district road as defined in the Illinois Highway Code [605 ILCS 5].
   
  “Environmental Land Use Control” means Environmental Land Use Control as defined in 35 Ill. Adm. Code 742.200.
   
  “Federal Landholding Entity” means that federal department, agency, or instrumentality with the authority to occupy and control the day-to-day use, operation, and management of Federally Owned Property.
   
  “Federally Owned Property” means real property owned in fee simple by the United States on which an institutional control is or institutional controls are sought to be placed in accordance with this Part.
   
  “Fill Material” means non-native or disturbed materials used to bed and backfill around an underground storage tank [415 ILCS 5/57.2].
   
  “Financial interest” means any ownership interest, legal or beneficial, or being in the relationship of director, officer, employee, or other active participant in the affairs of a party. Financial interest does not include ownership of publicly traded stock.
   
  "Free Product" means a contaminant that is present as a non-aqueous phase liquid for chemicals whose melting point is less than 30° C (e.g., liquid not dissolved in water).
   
  "Full Accounting" means a compilation of documentation to establish, substantiate, and justify the nature and extent of the corrective action costs incurred by an owner or operator.
   
  “Fund” means the Underground Storage Tank Fund [415 ILCS 5/57.2].
   
  “GIS” means Geographic Information System.
   
  “GPS” means Global Positioning System.
   
  “Groundwater” means underground water which occurs within the saturated zone and geologic materials where the fluid pressure in the pore space is equal to or greater than atmospheric pressure [415 ILCS 5/3.210].
   
  “Half-day” means four hours, or a fraction thereof, of billable work time. Half-days must be based upon the total number of hours worked in one calendar day. The total number of half-days per calendar day may exceed two.
   
  "Handling Charges" means administrative, insurance, and interest costs and a reasonable profit for procurement, oversight, and payment of subcontracts and field purchases.
   
  “Heating oil” means petroleum that is No. 1, No. 2, No. 4 -light, No. 4 -heavy, No. 5 -light, No. 5 -heavy or No. 6 technical grades of fuel oil; and other residual fuel oils including navy special fuel oil and bunker c [415 ILCS 5/57.2].
   
  “Highway authority” means the Illinois Department of Transportation with respect to a State highway; the Illinois State Toll Highway Authority with respect to a toll highway; the county board with respect to a county highway or a county unit district road if a discretionary function is involved and the county superintendent of highways if a ministerial function is involved; the highway commissioner with respect to a township or district road not in a county or unit road district; or the corporate authorities of a municipality with respect to a municipal street [605 ILCS 5/2-213].
   
  “Highway Authority Agreement” means an agreement with a highway authority that meets the requirements of 35 Ill. Adm. Code 742.1020.
   
  "IEMA" means the Illinois Emergency Management Agency.
   
  “Indemnification” means indemnification of an owner or operator for the amount of judgment entered against the owner or operator in a court of law, for the amount of any final order or determination made against the owner or operator by any agency of State government or any subdivision thereof, or for the amount of any settlement entered into by the owner or operator, if the judgment, order, determination, or settlement arises out of bodily injury or property damage suffered as a result of a release of petroleum from an underground storage tank owned or operated by the owner or operator [415 ILCS 5/57.2].
   
  “Indicator contaminants” means the indicator contaminants set forth in Section 734.405 of this Part.
   
  “Institutional Control” means a legal mechanism for imposing a restriction on land use as described in 35 Ill. Adm. Code 742.Subpart J.
   
  “Land Use Control Memorandum of Agreement” means an agreement entered into between one or more agencies of the United States and the Illinois Environmental Protection Agency that limits or places requirements upon the use of Federally Owned Property for the purpose of protecting human health or the environment, or that is used to perfect a No Further Remediation Letter that contains land use restrictions.
   
  “Licensed Professional Engineer” means a person, corporation or partnership licensed under the laws of the State of Illinois to practice professional engineering [415 ILCS 5/57.2].
   
  “Licensed Professional Geologist” means a person licensed under the laws of the State of Illinois to practice as a professional geologist [415 ILCS 5/57.2].
   
  "Man-made Pathway" means a constructed route that may allow for the transport of mobile petroleum free-liquid or petroleum-based vapors including but not limited to sewers, utility lines, utility vaults, building foundations, basements, crawl spaces, drainage ditches, or previously excavated and filled areas.
   
  "Monitoring Well" means a water well intended for the purpose of determining groundwater quality or quantity.
   
  "Natural Pathway" means a natural route for the transport of mobile petroleum free-liquid or petroleum-based vapors including but not limited to soil, groundwater, sand seams and lenses, and gravel seams and lenses.
   
  “Non-community water supply” means a public water supply that is not a community water supply [415 ILCS 5/3.145].
   
  “Occurrence” means an accident, including continuous or repeated exposure to conditions, that results in a sudden or nonsudden release from an underground storage tank [415 ILCS 5/57.2].
   
  "OSFM" means the Office of the State Fire Marshal.
   
  “Operator” means any person in control of, or having responsibility for, the daily operation of the underground storage tank. (Derived from 42 USC 6991)
   
  BOARD NOTE: A person who voluntarily undertakes action to remove an underground storage tank system from the ground must not be deemed an "operator" merely by the undertaking of such action.
   
  "Owner" means:
    In the case of an underground storage tank in use on November 8, 1984, or brought into use after that date, any person who owns an underground storage tank used for the storage, use, or dispensing of regulated substances;
     
    In the case of any underground storage tank in use before November 8, 1984, but no longer in use on that date, any person who owned such underground storage tank immediately before the discontinuation of its use;. (Derived from 42 USC 6991)
 
The term “owner” shall also mean any person who has submitted to the Agency a written election to proceed under the underground storage tank program and has acquired an ownership interest in a site on which one or more registered tanks have been removed, but on which corrective action has not yet resulted in the issuance of a “no further remediation letter” by the Agency pursuant to the underground storage tank program [415 ILCS 5/57.2].
  “Perfect” or “Perfected” means recorded or filed for record so as to place the public on notice, or as otherwise provided in Sections 734.715(c) and (d) of this Part.
   
  "Person" means, for the purposes of interpreting the definitions of the terms "owner" or "operator," an individual, trust, firm, joint stock company, joint venture, consortium, commercial entity, corporation (including a government corporation), partnership, association, State, municipality, commission, political subdivision of a State, or any interstate body and must include the United States Government and each department, agency, and instrumentality of the United States. (Derived from 42 USC 6991)
   
  “Petroleum” means petroleum, including crude oil or any fraction thereof which is liquid at standard conditions of temperature and pressure (60°F and 14.7 pounds per square inch absolute). (Derived from 42 USC 6991)
   
  “Potable” means generally fit for human consumption in accordance with accepted water supply principles and practices [415 ILCS 5/3.340].
   
  "Practical quantitation limit" (“PQL”) means the lowest concentration that can be reliably measured within specified limits of precision and accuracy for a specific laboratory analytical method during routine laboratory operating conditions in accordance with "Test Methods for Evaluating Solid Wastes, Physical/Chemical Methods," EPA Publication No. SW-846, incorporated by reference at Section 734.120 of this Part. For filtered water samples, PQL also means the Method Detection Limit or Estimated Detection Limit in accordance with the applicable method revision in: "Methods for the Determination of Metals in Environmental Samples," EPA Publication No. EPA/600/4-91/010; "Methods for the Determination of Metals in Environmental Samples, Supplement I," EPA Publication No. EPA/600/R-94/111; "Methods for the Determination of Organic Compounds in Drinking Water," EPA Publication No. EPA/600/4-88/039; "Methods for the Determination of Organic Compounds in Drinking Water, Supplement II," EPA Publication No. EPA/600/R-92/129; or "Methods for the Determination of Organic Compounds in Drinking Water, Supplement III," EPA Publication No. EPA/600/R-95/131, all of which are incorporated by reference at Section 734.120 of this Part.
   
  “Property Damage” means physical injury to, destruction of, or contamination of tangible property owned by a person other than an owner or operator of the UST from which a release of petroleum has occurred and which tangible property is located off the site where the release occurred. Property damage includes all resulting loss of use of that property; or loss of use of tangible property that is not physically injured, destroyed or contaminated, but has been evacuated, withdrawn from use, or rendered inaccessible because of a release of petroleum from an underground storage tank [415 ILCS 5/57.2].
   
  “Public Water Supply” means all mains, pipes and structures through which water is obtained and distributed to the public, including wells and well structures, intakes and cribs, pumping stations, treatment plants, reservoirs, storage tanks and appurtenances, collectively or severally, actually used or intended for use for the purpose of furnishing water for drinking or general domestic use and which serve at least 15 service connections or which regularly serve at least 25 persons at least 60 days per year. A public water supply is either a “community water supply” or a “non-community water supply” [415 ILCS 5/3.365].
   
  "Registration" means registration of an underground storage tank with the OSFM in accordance with Section 4 of the Gasoline Storage Act [430 ILCS 15/4].
   
  “Regulated Recharge Area” means a compact geographic area, as determined by the Board, [35 Ill. Adm. Code Subtitle F] the geology of which renders a potable resource groundwater particularly susceptible to contamination [415 ILCS 5/3.390].
   
  “Regulated Substance” means any substance defined in Section 101(14) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 [42 USC 9601(14)] (but not including any substance regulated as a hazardous waste under subtitle C of the Resource Conservation and Recovery Act [42 USC 6921 et seq.]), and petroleum. (Derived from 42 USC 6991)
   
  “Release” means any spilling, leaking, emitting, discharging, escaping, leaching, or disposing of petroleum from an underground storage tank into groundwater, surface water or subsurface soils [415 ILCS 5/57.2].
   
  "Residential Tank" means an underground storage tank located on property used primarily for dwelling purposes.
 
  "Residential Unit" means a structure used primarily for dwelling purposes including multi-unit dwellings such as apartment buildings, condominiums, cooperatives, or dormitories.
   
  “Right-of-way” means the land, or interest therein, acquired for or devoted to a highway [605 ILCS 5/2-217].
   
  “Setback Zone” means a geographic area, designated pursuant to the Act [415 ILCS 5/14.1, 5/14.2, 5/14.3] or regulations [35 Ill. Adm. Code Subtitle F], containing a potable water supply well or a potential source or potential route, having a continuous boundary, and within which certain prohibitions or regulations are applicable in order to protect groundwater [415 ILCS 5/3.450].
   
  “Site” means any single location, place, tract of land or parcel of property including contiguous property not separated by a public right-of-way [415 ILCS 5/57.2].
   
  “State highway” means state highway as defined in the Illinois Highway Code [605 ILCS 5].
   
  “Street” means street as defined in the Illinois Highway Code [605 ILCS 5].
   
  "Surface Body of Water" or "Surface Water Body" means a natural or man-made body of water on the ground surface including but not limited to lakes, ponds, reservoirs, retention ponds, rivers, streams, creeks, and drainage ditches. Surface body of water does not include puddles or other accumulations of precipitation, run-off, or groundwater in UST excavations.
   
  “Toll highway” means toll highway as defined in the Toll Highway Act, 605 ILCS 10.
   
  “Township road” means township road as defined in the Illinois Highway Code [605 ILCS 5].
   
  "Underground Storage Tank" or "UST" means any one or combination of tanks (including underground pipes connected thereto) which is used to contain an accumulation of regulated substances, and the volume of which (including the volume of underground pipes connected thereto) is 10 per centum or more beneath the surface of the ground. Such term does not include any of the following or any pipes connected thereto:
    Farm or residential tank of 1,100 gallons or less capacity used for storing motor fuel for noncommercial purposes;
     
    Septic tank;
     
    Pipeline facility (including gathering lines) regulated under the Natural Gas Pipeline Safety Act of 1968 [49 USC App. 1671 et seq.], or the Hazardous Liquid Pipeline Safety Act of 1979 [49 USC App. 2001 et seq.], or which is an intrastate pipeline facility regulated under State laws as provided in either of these provisions of law, and that is determined by the Secretary of Energy to be connected to a pipeline or to be operated or intended to be capable of operating at pipeline pressure or as an integral part of a pipeline;
     
    Surface impoundment, pit, pond, or lagoon;
     
    Storm water or waste water collection system;
     
    Flow-through process tank;
     
    Liquid trap or associated gathering lines directly related to oil or gas production and gathering operations; or
     
    Storage tank situated in an underground area (such as a basement, cellar, mineworking, drift, shaft, or tunnel) if the storage tank is situated on or above the surface of the floor. (Derived from 42 USC § 6991)
     
  The term “underground storage tank” shall also mean an underground storage tank used exclusively to store heating oil for consumptive use on the premises where stored and which serves other than a farm or residential unit [415 ILCS 5/57.2].
  "UST system" or "tank system" means an underground storage tank, connected underground piping, underground ancillary equipment, and containment system, if any.
   
  “Wellhead Protection Area” means the wellhead protection area of a community water supply well as determined under the Agency’s wellhead protection program pursuant to 42 USC § 300h-7.

(Source: Amended at 31 Ill Reg. ______________, effective __________________)
 
 

SUBPART G: NO FURTHER REMEDIATION LETTERS
AND RECORDING REQUIREMENTS
 



Section 734.710  Contents of a No Further Remediation Letter
 
A No Further Remediation Letter issued pursuant to this Part must include all of the following:
 

    
a) An acknowledgment that the requirements of the applicable report were satisfied;
b) A description of the location of the affected property by adequate legal description or by reference to a plat showing its boundaries, or, for the purposes of Section 734.715(d) of this Part, other means sufficient to identify the site location with particularity;
c) A statement that the remediation objectives were determined in accordance with 35 Ill. Adm. Code 742, and the identification of any land use limitation, as applicable, required by 35 Ill. Adm. Code 742 as a condition of the remediation objectives;
d) A statement that the Agency's issuance of the No Further Remediation Letter signifies that:
  
1) All statutory and regulatory corrective action requirements applicable to the occurrence have been complied with;
2) All corrective action concerning the remediation of the occurrence has been completed; and
 
3) No further corrective action concerning the occurrence is necessary for the protection of human health, safety and the environment [415 ILCS 5/57.10(c)(1)-(3)], or, if the No Further Remediation Letter is issued pursuant to Section 734.350(e) of this Part, that the owner or operator has demonstrated to the Agency’s satisfaction an inability to obtain access to an off-site property despite best efforts and therefore is not required to perform corrective action on the off-site property in order to satisfy the corrective action requirements of this Part, but is not relieved of responsibility to clean up portions of the release that have migrated off-site;
 
This subsection (d) does not apply to off-site contamination related to the occurrence that has not been remediated due to denial of access to the off-site property [415 ILCS 5/57.10(c)].
  
e) The prohibition under Section 734.715(e) of this Part against the use of any site in a manner inconsistent with any applicable land use limitation, without additional appropriate remedial activities;
f) A description of any approved preventive, engineering, and institutional controls identified in the plan or report and notification that failure to manage the controls in full compliance with the terms of the plan or report may result in voidance of the No Further Remediation Letter;

g)  The recording obligations pursuant to Section 734.715 of this Part;
 

   
h) The opportunity to request a change in the recorded land use pursuant to Section 734.715(e) of this Part;
i) Notification that further information regarding the site can be obtained from the Agency through a request under the Freedom of Information Act [5 ILCS 140]; and
j) Any other provisions agreed to by the Agency and the owner or operator.

(Source: Amended at 31 Ill. Reg. ___________, effective ________________)
 
IT IS SO ORDERED.
 
I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the Board adopted the above opinion and order on April 19, 2007, by a vote of 3-0.
 

Dorothy M. Gunn, Clerk
Illinois Pollution Control Board

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