Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 734 - PETROLEUM UNDERGROUND STORAGE TANKS › Subpart F - PAYMENT FROM THE FUND › Section 734.632 - Eligible Corrective Action Costs Incurred After NFR Letter

Current through Register Vol. 48, No. 28, July 12, 2024
Notwithstanding Section
				  734.630(gg) and
				  (nn) of this Part, the following shall be
				  considered corrective action activities eligible for payment from the Fund even
				  when an owner or operator conducts these activities after the issuance of a No
				  Further Remediation Letter. Corrective action conducted under this Section and
				  costs incurred under this Section must comply with the requirements of Title
				  XVI of the Act and this Part, including, but not limited to, requirements for
				  the submission and Agency approval of corrective action plans and budgets,
				  corrective action completion reports, and applications for payment, provided
				  that no plan, budget, or report is required for activities conducted pursuant
				  to subsection (d) or (e) of this Section.
a) Corrective action to achieve residential
				property remediation objectives if the owner or operator demonstrates that
				property remediated to industrial/commercial property remediation objectives
				pursuant to Section 57.7(c)(3)(A)(ii) of the Act and Section
				734.360(b)
				of this Part is being developed into residential property.
b) Corrective action to address groundwater
				contamination if the owner or operator demonstrates that such action is
				necessary because a groundwater ordinance used as an institutional control
				pursuant to Section 57.7(c)(3)(A)(iii) of the Act and Section
				734.360(c)
				of this Part can no longer be used as an institutional control.
c) Corrective action to address groundwater
				contamination if the owner or operator demonstrates that such action is
				necessary because an on-site groundwater use restriction used as an
				institutional control pursuant to Section 57.7(c)(3)(A)(iv) of the Act and
				Section
				734.360(d)
				of this Part must be lifted in order to allow the installation of a potable
				water supply well due to public water supply service no longer being available
				for reasons other than an act or omission of the owner or operator.
d) The disposal of soil that does not exceed
				industrial/commercial property remediation objectives, but that does exceed
				Tier 1 residential property remediation objectives, if industrial/commercial
				property remediation objectives were used pursuant to Section 57.7(c)(3)(A)(ii)
				of the Act and Section
				734.360(b)
				of this Part and the owner or operator demonstrates that the contamination is
				the result of the release for which the owner or operator is eligible to seek
				payment from the Fund and disposal of the soil is necessary as a result of
				construction activities conducted after the issuance of a No Further
				Remediation Letter on the site where the releaseoccurred, including, but not
				limited to, the following: tank, line, or canopy repair, replacement, or
				removal; building upgrades; sign installation; and water or sewer line
				replacement. Costs eligible for payment under this subsection (d) are the costs
				to transport the soil to a properly permitted disposal site and disposal site
				fees, and may include, but are not limited to, costs for: disposal site waste
				characterization sampling; disposal site authorization, scheduling, and
				coordination; field oversight; disposal fees; and preparation of applications
				for payment.
e) The disposal of
				water exceeding groundwater remediation objectives that is removed from an
				excavation on the site where the release occurred if a groundwater ordinance is
				used as an institutional control pursuant to Section 57.7(c)(3)(A)(iii) of the
				Act and Section
				734.360(c)
				of this Part, or if an on-site groundwater use restriction is used as an
				institutional control pursuant to Section 57.7(c)(3)(A)(iv) of the Act and
				Section
				734.360(d)
				of this Part and the owner or operator demonstrates that the excavation is
				located within the measured or modeled extent of groundwater contamination
				resulting from the release for which the owner or operator is eligible to seek
				payment from the Fund and disposal of the groundwater is necessary as a result
				of construction activities conducted after the issuance of a No Further
				Remediation Letter on the site where the release occurred, including, but not
				limited to, the following: tank, line, or canopy repair, replacement, or
				removal; building upgrades; sign installation; and water or sewer line
				replacement. [415
				ILCS 5/57.19 ].
f) Consulting fees for corrective action
				conducted pursuant to subsections (a), (b), and (c) of this Section. Consulting
				fees shall be subject to Subpart H of this Part.