ILLINOIS POLLUTION CONTROL BOARD

PROCEDURAL HISTORY
SUMMARY AND DISCUSSION OF ADOPTED RULES
Public Act 94-0274
CONCLUSION
101.APPENDIX F Notice of Withdrawal (Repealed)
101.APPENDIX G Comparison of Former and Current Rules (Repealed)
TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE G: WASTE DISPOSAL
1. CHAPTER I: POLLUTION CONTROL BOARD
2. SUBCHAPTER d: UNDERGROUND INJECTION CONTROL AND UNDERGROUND STORAGE TANK PROGRAMS

November 15, 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, P.A. 94-0824, P.A. 95-0131,

P.A. 95-0177, AND P.A. 95-0408 (35 ILL.

ADM. CODE 101.202, 732.103, 732.702,

734.115, 734.710)

)

R07-17

(Rulemaking – Procedural, Land)

Adopted Rule. Final Notice.

OPINION AND ORDER OF THE BOARD (by A.S. Moore):

Today the Board adopts the proposed rule for final notice under the Illinois

Administrative Procedure Act (5 ILCS 100/5-5

et seq

. (2006)).

See generally

415 ILCS 5/27, 28

(2006). The adopted rule is substantively unchanged from the rule proposed for second notice.

The adopted rule amends the Board’s procedural rules and underground storage tank

(UST) regulations and is intended only to make these regulations consistent with recent

amendments to the Environmental Protection Act (Act) (415 ILCS 5/1

et seq

. (2006)). In an

order dated April 19, 2007, the Board adopted its proposal for first-notice publication.

See

31 Ill.

Reg. 6537, 6629, 6648 (May 4, 2007). The proposal adopted here as a final rule is substantively

unchanged from that adopted in the Board’s October 4, 2007 second-notice opinion and order.

In this opinion, the Board first provides the procedural history of this rulemaking. The

Board then summarizes the six statutory amendments generating the rule changes. The order

then sets forth the adopted amendments for final-notice publication in the

Illinois Register

PROCEDURAL HISTORY

On April 19, 2007, the Board adopted for first-notice publication a proposal amending its

procedural rules and UST regulations. In its opinion and order, the Board stated that “[t]his

proposal intends only to make these regulations consistent with recent amendments to the

Environmental Protection Act.”

See

31 Ill. Reg. 6537, 6629, 6648 (May 4, 2007).

On May 14, 2006, the Board received a public comment filed by the Agency (PC 1).

The first hearing in this proceeding took place in Chicago on May 16, 2007 (Tr.1).

person offered testimony or comment, and no exhibits were admitted into the record at the first

hearing. The second hearing in this proceeding took place in Springfield on August 9, 2007 (Tr.

2). No person offered testimony or comment, and no exhibits were admitted into the record at

the second hearing.

In a letter dated May 4, 2007, the Board requested that the Department of Commerce and

Economic Opportunity (DCEO) conduct a study of the economic impact of this rulemaking

proposal.

See

415 ILCS 5/27(b) (2006). The Board has not received a response to this letter

from DCEO. At the second hearing in this proceeding, no person testified or offered comment

on the Board’s request to DCEO.

See

Tr. 2 at 6.

In an order dated August 28, 2007, the hearing officer extended to September 25, 2007,

the deadline for submitting written comments on the Board’s first-notice proposal.

See

35 Ill.

Adm. Code 102.108(b). The order noted that, since the Board opened this rulemaking docket,

the General Assembly and the Governor had acted upon legislation appearing to require three

additional amendments to Section 101.202 of the Board’s procedural rules. Specifically, three

recent Public Acts added exceptions to the Act’s definition of “pollution control facility.”

See

Public Acts 95-0131, 95-0177, 95-0408;

see also

415 ILCS 5/3.330 (2006), 35 Ill. Adm. Code

101.202. The hearing officer order invited comment on whether the Board should also amend its

procedural rules to reflect these three more recent legislative amendments. The Board received

no further public comment before the extended deadline.

In an order dated October 4, 2007, the Board adopted proposed rules for second-notice

review by the Joint Committee on Administrative Rules (JCAR). At a meeting on November 13,

2007, JCAR issued its certificate of no objection to the proposed rules.

SUMMARY AND DISCUSSION OF ADOPTED RULES

The adopted rules make only those changes necessary to ensure that the Board’s

regulations are consistent with revisions to the Act adopted since the last rulemaking docket

addressed 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). Below, the Board summarizes the six statutory amendments

generating the rule changes.

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 Agency in the 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:

Under Section 26 of the Act (415 ILCS 5/26 (2006)), hearings are not necessary with regard to

the elements of this proposal addressing procedural rules. Section 27 of the Act (415 ILCS 5/27

(2006)) requires hearings with regard to proposed amendments to the UST regulations.

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 amends 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 issued by the Agency.

See

415 ILCS

5/57.10(c). P.A. 94-0276 amends the Act’s subsection regarding the significance of an NFR

letter by providing that 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.

On May 14, 2007, the Agency filed comments noting that the Board proposed to amend

Sections 732.702(d) and 734.710(d) of its UST regulations. PC 1 at 1, citing 35 Ill. Adm. Code

732.702(d), 734.710(d);

see

415 ILCS 5/57.10(c) (2006). The Agency proposed alternate

language for the same two subsections in order “[t]o incorporate the statutory language in a

manner that reflects the effect of a no further remediation letter upon unremediated off-site

property.” PC 1 at 2. In its second-notice opinion and order, the Board incorporated this

alternate language and one other technical change proposed by the Agency (

see

PC 1 at 3). The

Board’s order below also incorporates these amendments.

The Board amends its regulations 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 and the Agency’s

comments described above.

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

an 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 amends 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.

Public Act 95-0131

Public Act 95-0131 (P.A. 95-0131), effective August 13, 2007, amended the Act’s

definition of “pollution control facility” (415 ILCS 5/3.330 (2006)). Specifically, P.A. 95-0131

adds an exception to that definition:

the portion of a site or facility located in a county with a population greater than

3,000,000 that has obtained local siting approval, under Section 39.2 of this Act,

for a municipal waste incinerator on or before July 1, 2005 and that is used for

wood combustion facilities for energy recovery that accept and burn only wood

material, as included in a fuel specification approved by the Agency. P.A. 95-

0131.

The Board amends 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. 95-

0131.

Public Act 95-0177

Public Act 95-0177 (P.A. 95-0177), effective January 1, 2008, amends the Act’s

definition of “pollution control facility” (415 ILCS 5/3.330 (2006)). Specifically, P.A. 95-0177

adds an exception to that definition:

a site or facility that temporarily holds in transit for 10 days or less, non-

putrescible solid waste in original containers, no larger in capacity than 500

gallons, provided that such waste is further transferred to a recycling, disposal,

treatment, or storage facility on a non-contiguous site and provided such site or

facility complies with the applicable 10-day transfer requirements of the federal

Resource Conservation and Recovery Act of 1976 and United States Department

of Transportation hazardous material requirements. For purposes of this Section

only, “non-putrescible solid waste” means waste other than municipal garbage

that does not rot or become putrid, including, but not limited to, paints, solvent,

filters, and absorbents. P.A. 95-0177.

The Board amends 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. 95-

0177. The Board notes that Public Act 95-0177 does not take effect until January 1, 2008, and

reflects that date in its order below. The Board also notes that its adopted rule differs in one

technical respect from the language of P.A. 95-0177. Although the Public Act includes the term

“petruscible,” the Board will instead use the term “putrescible” in order to be consistent with

existing substantive regulations.

See, e.g.

, 35 Ill. Adm. Code 810.103 (defining terms including

“putrescible waste” in solid waste disposal regulations).

Public Act 95-0408

Public Act 95-0408 (P.A. 95-0408), effective August 24, 2007, amends the Act’s

definition of “pollution control facility” (415 ILCS 5/3.330 (2006)). Specifically, P.A. 95-0408

adds an exception to that definition: “a transfer station used exclusively for landscape waste,

including a transfer station where landscape waste is ground to reduce its volume, where the

landscape waste is held no longer than 24 hours from the time it was received.” P.A. 95-0408.

The Board amends 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. 95-

0408.

CONCLUSION

The Board proposes for final notice amendments to its procedural rules and UST

regulations in Parts 101, 732, and 734 (35 Ill. Adm. Code 101, 732, 734). These amendments are

substantively unchanged from those proposed in the Board’s second-notice opinion and order

dated October 4, 2007. The Board has held a hearing on the economic impact of the proposal,

and the Board finds that the proposal is economically reasonable and technically feasible.

Therefore, the Board adopts the proposal as a final rule.

ORDER

The Board directs the Clerk to cause the filing of the following rules with the Secretary of

State for publication as an adopted rule in the

Illinois Register

. Additions to Parts 101, 732, and

734 are underlined, and deletions appear stricken.

TITLE 35: ENVIRONMENTAL PROTECTION

SUBTITLE A: GENERAL PROVISIONS

CHAPTER I: POLLUTION CONTROL BOARD

PART 101

GENERAL RULES

SUBPART A: GENERAL PROVISIONS

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

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

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

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

Subpoenas and Depositions

101.624

Examination of Adverse, Hostile or Unwilling Witnesses

101.626

Information Produced at Hearing

101.628

Statements from Participants

SUBPART G: ORAL ARGUMENT

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

Citizen’s Enforcement Case

101.ILLUSTRATION C

Variance

101.ILLUSTRATION

Adjusted Standard Petition

101.ILLUSTRATION

Joint Petition for an Adjusted Standard

101.ILLUSTRATION F

Permit Appeal

101.ILLUSTRATION G

Underground Storage Tank Appeal

101.ILLUSTRATION H

Pollution Control Facility Siting Appeal

101.ILLUSTRATION

Administrative Citation

101.ILLUSTRATION

General Rulemaking

101.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 AService by Non-Attorney

101.ILLUSTRATION B

Service by Attorney

101.APPENDIX F

Notice of Withdrawal (Repealed)

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-

17 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. [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

is 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 Ac 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].;

the portion of a site or facility located in a county with a population greater than

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

wood combustion facilities for energy recovery that accept and burn only wood

material, as included in a fuel specification approved by the Agency

;

effective January 1, 2008,

a site or facility that temporarily holds in transit for 10

days or less, non-putrescible solid waste in original containers, no larger in

capacity than 500 gallons, provided that such waste is further transferred to a

recycling, disposal, treatment, or storage facility on a non-contiguous site and

provided such site or facility complies with the applicable 10-day transfer

requirements of the federal Resource Conservation and Recovery Act of 1976 and

United States Department of Transportation hazardous material requirements.

For purposes of this Section only, “non-putrescible solid waste” means waste

other than municipal garbage that does not rot or become putrid, including, but

not limited to, paints, solvent, filters, and absorbents

; and

a transfer station used exclusively for landscape waste, including a transfer

station where landscape waste is ground to reduce its volume, where the

landscape waste is held no longer than 24 hours from the time it was received.

“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)

Election to Proceed under Part 732

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

Agency Authority to Initiate

Application for Payment of Early Action Costs

SUBPART C: SITE EVALUATION AND CLASSIFICATION

Agency Authority to Initiate

732.302

No Further Action Sites

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

Agency Authority to Initiate

732.402

No Further Action Site

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

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

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

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

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 R07-17 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)

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:

An acknowledgment that the requirements of the applicable report were satisfied;

A description of the location of the affected property by adequate legal

description or by reference to a plat showing its boundaries, or, for purposes of

Section 732.703(d) of this Part, other means sufficient to identify site location

with particularity;

A statement that the remediation objectives were determined in accordance with

35 Ill. Adm. Code 742, and the identification of any land use limitation, as

applicable, required by 35 Ill. Adm. Code 742 as a condition of the remediation

objectives;

Except for

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)],

statement that the Agency's issuance of the No Further Remediation Letter

signifies that, except for

off-site contamination related to the occurrence that has

not been remediated due to denial of access to the off-site property

All corrective action requirements

under Title XVI of the Act and this Part

applicable to the occurrence have been complied with;

All corrective action concerning the remediation of the occurrence has

been completed; and

No further corrective action concerning the occurrence is necessary for

the protection of human health, safety and the environment

[415 ILCS

5/57.10(c)] [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;

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;

A description of any approved preventive, engineering, and institutional controls

identified in the plan or report and notification that failure to manage the controls

in full compliance with the terms of the plan or report may result in voidance of

the No Further Remediation Letter;

The recording obligations pursuant to Section 732.703 of this Part;

The opportunity to request a change in the recorded land use pursuant to Section

732.703(e) of this Part;

Notification that further information regarding the site can be obtained from the

Agency through a request under the Freedom of Information Act [5 ILCS 140];

and

Any other provisions agreed to by the Agency and the owner or operator.

(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 734

PETROLEUM UNDERGROUND STORAGE TANKS

(RELEASES REPORTED ON OR AFTER JUNE 24, 2002)

Election to Proceed under Part 734

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

Agency Authority to Initiate

Application for Payment of Early Action Costs

SUBPART C: SITE INVESTIGATION AND CORRECTIVE ACTION

Agency Authority to Initiate

734.310

Site Investigation – General

734.315

Stage 1 Site Investigation

734.320

Stage 2 Site Investigation

734.325

Stage 3 Site Investigation

734.330

Site Investigation Completion Report

734.335

Corrective Action Plan

734.340

Alternative Technologies

734.345

Corrective Action Completion Report

SUBPART D: MISCELLANEOUS PROVISIONS

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

Review of Plans, Budgets, or Reports

734.510

Standards for Review of Plans, Budgets, or Reports

SUBPART F: PAYMENT FROM THE FUND

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

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

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; amended in R07-

17 at 31 Ill. Reg. ________, effective ______________.

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)

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" ( 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 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 a State highway as defined in the Illinois Highway

Code [605 ILCS 5].

“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.

“Toll highway” means a 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:

An acknowledgment that the requirements of the applicable report were satisfied;

A description of the location of the affected property by adequate legal

description or by reference to a plat showing its boundaries, or, for the purposes

of Section 734.715(d) of this Part, other means sufficient to identify the site

location with particularity;

A statement that the remediation objectives were determined in accordance with

35 Ill. Adm. Code 742, and the identification of any land use limitation, as

applicable, required by 35 Ill. Adm. Code 742 as a condition of the remediation

objectives;

A Except for

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)]

statement that the Agency's issuance of the No Further Remediation Letter

signifies that, except for

off-site contamination related to the occurrence that has

not been remediated due to denial of access to the off-site property

All statutory and regulatory corrective action requirements applicable to

the occurrence have been complied with;

All corrective action concerning the remediation of the occurrence has

been completed; and

No further corrective action concerning the occurrence is necessary for

the protection of human health, safety and the environment

[415 ILCS

5/57.10(c)] [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;

The prohibition under Section 734.715(e) of this Part against the use of any site in

a manner inconsistent with any applicable land use limitation, without additional

appropriate remedial activities;

A description of any approved preventive, engineering, and institutional controls

identified in the plan or report and notification that failure to manage the controls

in full compliance with the terms of the plan or report may result in voidance of

the No Further Remediation Letter;

The recording obligations pursuant to Section 734.715 of this Part;

The opportunity to request a change in the recorded land use pursuant to Section

734.715(e) of this Part;

Notification that further information regarding the site can be obtained from the

Agency through a request under the Freedom of Information Act [5 ILCS 140];

and

Any other provisions agreed to by the Agency and the owner or operator.

(Source: Amended at 31 Ill. Reg. ___________, effective ________________)

IT IS SO ORDERED.

Section 41(a) of the Environmental Protection Act provides that final Board orders may

be appealed directly to the Illinois Appellate Court within 35 days after the Board serves the

order. 415 ILCS 5/29, 41(a) (2006);

see also

35 Ill. Adm. Code 101.300(d)(2), 101.906, 102.706.

Illinois Supreme Court Rule 335 establishes filing requirements that apply when the Illinois

Appellate Court, by statute, directly reviews administrative orders. 172 Ill. 2d R. 335. The

Board’s procedural rules provide that motions for the Board to reconsider or modify its final

orders may be filed with the Board within 35 days after the order is received. 35 Ill. Adm. Code

101.520;

see also

35 Ill. Adm. Code 101.902, 102.700, 102.702.

I, John T. Therriault, Assistant Clerk of the Illinois Pollution Control Board, certify that

the Board adopted the above opinion and order on November 15, 2007, by a vote of 4-0.

___________________________________

John T. Therriault, Assistant Clerk

Illinois Pollution Control Board