Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 734 - PETROLEUM UNDERGROUND STORAGE TANKS › Subpart A - GENERAL › Section 734.140 - Development of Remediation Objectives

Current through Register Vol. 48, No. 28, July 12, 2024
The owner or operator must propose remediation objectives for
				  the applicable indicator contaminants in accordance with 35 Ill. Adm. Code
				  742.
BOARD NOTE: Several provisions of this Part require the owner
				  or operator to determine whether contamination exceeds the most stringent Tier
				  1 remediation objectives of 35 Ill. Adm. Code 742. Please note that these
				  requirements do not limit the owner's or operator's ability to use Tier 2 or
				  Tier 3 remediation objectives in accordance with 35 Ill. Adm. Code 742.
a) The owner or operator may develop
				remediation objectives at any time during site investigation or corrective
				action. Prior to developing Tier 2 or Tier 3 remediation objectives the owner
				or operator must propose the development of remediation objectives in the
				appropriate site investigation plan or corrective action plan. Documentation of
				the development of remediation objectives must be included as a part of the
				appropriate plan or report.
b) Any
				owner or operator intending to seek payment from the Fund shall, prior to the
				development of Tier 2 or Tier 3 remediation objectives, propose the costs for
				such activities in the appropriate budget. The costs should be consistent with
				the eligible and ineligible costs listed at Sections
				734.625
				and
				734.630
				of this Part and the maximum payment amounts set forth in Subpart H of this
				Part.
c) Upon the Agency's approval
				of a plan that includes the development of remediation objectives, the owner or
				operator must proceed to develop remediation objectives in accordance with the
				plan.
d) If, following the approval
				of any plan or associated budget that includes the development of remediation
				objectives, an owner or operator determines that a revised plan or budget is
				necessary, the owner or operator must submit, as applicable, an amended plan or
				associated budget to the Agency for review. The Agency must review and approve,
				reject, or require modification of the amended plan or budget in accordance
				with Subpart E of this Part.
e)
				Notwithstanding any requirement under this Part for the submission of a plan or
				budget that includes the development of remediation objectives, an owner or
				operator may proceed to develop remediation objectives prior to the submittal
				or approval of an otherwise required plan or budget. However, any such plan or
				budget must be submitted to the Agency for review and approval, rejection, or
				modification in accordance with the procedures contained in Subpart E of this
				Part prior to receiving payment for any related costs or the issuance of a No
				Further Remediation Letter.
BOARD NOTE: Owners or operators proceeding under subsection
					 (e) of this Section are advised that they may not be entitled to full payment.
					 Furthermore, applications for payment must be submitted no later than one year
					 after the date the Agency issues a No Further Remediation Letter. See Subpart F
					 of this Part.