Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 734 - PETROLEUM UNDERGROUND STORAGE TANKS › Subpart F - PAYMENT FROM THE FUND › Section 734.630 - Ineligible Corrective Action Costs

Current through Register Vol. 48, No. 28, July 12, 2024
Costs ineligible for payment from the Fund include, but are
				  not limited to:
a) Costs for the
				removal, treatment, transportation, and disposal of more than four feet of fill
				material from the outside dimensions of the UST, as set forth in Appendix C of
				this Part, during early action activities conducted pursuant to Section
				734.210(f)
				of this Part, and costs for the replacement of contaminated fill materials with
				clean fill materials in excess of the amounts set forth in Appendix C of this
				Part during early action activities conducted pursuant to Section
				734.210(f)
				of this Part;
b) Costs or losses
				resulting from business interruption;
c) Costs incurred as a result of vandalism,
				theft, or fraudulent activity by the owner or operator or agent of an owner or
				operator, including the creation of spills, leaks, or releases;
d) Costs associated with the replacement of
				above grade structures such as pumps, pump islands, buildings, wiring,
				lighting, bumpers, posts, or canopies, including but not limited, to those
				structures destroyed or damaged during corrective action activities;
e) Costs of corrective action incurred by an
				owner or operator prior to July 28, 1989 [415
				ILCS 5/57.8(j) ];
f) Costs associated with the procurement of a
				generator identification number;
g)
				Legal fees or costs, including but not limited to legal fees or costs for
				seeking payment under this Part unless the owner or operator prevails before
				the Board and the Board authorizes payment of such costs;
h) Purchase costs of non-expendable
				materials, supplies, equipment, or tools, except that a reasonable rate may be
				charged for the usage of such materials, supplies, equipment, or
				tools;
i) Costs associated with
				activities that violate any provision of the Act or Board, OSFM, or Agency
				regulations;
j) Costs associated
				with investigative action, preventive action, corrective action, or enforcement
				action taken by the State of Illinois if the owner or operator failed, without
				sufficient cause, to respond to a release or substantial threat of a release
				upon, or in accordance with, a notice issued by the Agency pursuant to Section
				734.125
				of this Part and Section 57.12 of the Act;
k) Costs for removal, disposal, or
				abandonment of a UST if the tank was removed or abandoned, or permitted for
				removal or abandonment, by the OSFM before the owner or operator provided
				notice to IEMA of a release of petroleum;
l) Costs associated with the installation of
				new USTs, the repair of existing USTs, and removal and disposal of USTs
				determined to be ineligible by the OSFM;
m) Costs exceeding those contained in a
				budget or amended budget approved by the Agency;
n) Costs of corrective action incurred before
				providing notification of the release of petroleum to IEMA in accordance with
				Section
				734.210
				of this Part;
o) Costs for
				corrective action activities and associated materials or services exceeding the
				minimum requirements necessary to comply with the Act;
p) Costs associated with improperly installed
				sampling or monitoring wells;
q)
				Costs associated with improperly collected, transported, or analyzed laboratory
				samples;
r) Costs associated with
				the analysis of laboratory samples not approved by the Agency;
s) Costs for any corrective action
				activities, services, or materials unless accompanied by a letter from OSFM or
				the Agency confirming eligibility and deductibility in accordance with Section
				57.9 of the Act;
t) Interest or
				finance costs charged as direct costs;
u) Insurance costs charged as direct
				costs;
v) Indirect corrective
				action costs for personnel, materials, service, or equipment charged as direct
				costs;
w) Costs associated with the
				compaction and density testing of backfill material;
x) Costs associated with sites that have not
				reported a release to IEMA or are not required to report a release to
				IEMA;
y) Costs related to
				activities, materials, or services not necessary to stop, minimize, eliminate,
				or clean up a release of petroleum or its effects in accordance with the
				minimum requirements of the Act and regulations;
z) Costs of alternative technology that
				exceed the costs of conventional technology;
aa) Costs for activities and related services
				or materials that are unnecessary, inconsistent with generally accepted
				engineering practices or principles of professional geology, or unreasonable
				costs for justifiable activities, materials, or services;
bb) Costs requested that are based on
				mathematical errors;
cc) Costs that
				lack supporting documentation;
dd)
				Costs proposed as part of a budget that are unreasonable;
ee) Costs incurred during early action that
				are unreasonable;
ff) Costs
				incurred on or after the date the owner or operator enters the Site Remediation
				Program under Title XVII of the Act and 35 Ill. Adm. Code 740 to address the
				UST release;
gg) Costs incurred
				after receipt of a No Further Remediation Letter for the occurrence for which
				the No Further Remediation Letter was received. This subsection (gg) does not
				apply to the following:
1) Costs incurred for
				MTBE remediation pursuant to Section
				734.405(i)(2)
				 of this Part;
2) Monitoring well abandonment
				costs;
3) County recorder or
				registrar of titles fees for recording the No Further Remediation
				Letter;
4) Costs associated with
				seeking payment from the Fund;
5)
				Costs associated with remediation to Tier 1 remediation objectives on-site if a
				court of law voids or invalidates a No Further Remediation Letter and orders
				the owner or operator to achieve Tier 1 remediation objectives in response to
				the release; and
6) Costs
				associated with activities conducted under Section
				734.632
				of this Part;