Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 742 - TIERED APPROACH TO CORRECTIVE ACTION OBJECTIVES › Subpart B - GENERAL › Section 742.200 - Definitions

Current through Register Vol. 48, No. 28, July 12, 2024
Except as stated in this Section, or unless a different
				  meaning of a word or term is clear from the context, the definition of words or
				  terms in this Part shall be the same as that applied to the same words or terms
				  in the Act.
"Act" means the Illinois Environmental Protection Act [415
				  ILCS 5 ].
"ADL" means Acceptable Detection Limit, which is the
				  detectable concentration of a substance that is equal to the lowest appropriate
				  Practical Quantitation Limit (PQL) as defined in this Section.
"Agency" means the Illinois Environmental Protection
				  Agency.
"Agricultural Property" means any real property for which its
				  present or post-remediation use is for growing agricultural crops for food or
				  feed either as harvested crops, cover crops or as pasture. This definition
				  includes, but is not limited to, properties used for confinement or grazing of
				  livestock or poultry and for silviculture operations. Excluded from this
				  definition are farm residences, farm outbuildings and agrichemical
				  facilities.
"Aquifer" means saturated (with groundwater) soils and
				  geologic materials which are sufficiently permeable to readily yield
				  economically useful quantities of water to wells, springs, or streams under
				  ordinary hydraulic gradients. (Illinois Groundwater Protection Act
				  [415 ILCS
				  55/3(a) ])
"Area Background" means concentrations of regulated
				  substances that are consistently present in the environment in the vicinity of
				  a site that are the result of natural conditions or human activities, and not
				  the result solely of releases at the site. [415 ILCS
				  5/58.2 ]
"ASTM" means the American Society for Testing and
				  Materials.
"Board" means the Illinois Pollution Control Board.
"Building" means a man-made structure with an enclosing roof
				  and enclosing walls (except for windows and doors) that is fit for any human
				  occupancy for at least six consecutive months.
"Building Control Technology" means any technology or barrier
				  that affects air flow or air pressure within a building for purposes of
				  reducing or preventing contaminant migration to the indoor air.
"Cancer Risk" means a unitless probability of an individual
				  developing cancer from a defined exposure rate and frequency.
"Cap" means a barrier designed to prevent the infiltration of
				  precipitation or other surface water, or impede the ingestion or inhalation of
				  contaminants.
"Capillary Fringe" means the zone above the water table in
				  which water is held by surface tension. Water in the capillary fringe is under
				  a pressure less than atmospheric.
"Carcinogen" means a contaminant that is classified as a
				  category A1 or A2 carcinogen by the American Conference of Governmental
				  Industrial Hygienists; a category 1 or 2A/2B carcinogen by the World Health
				  Organization's International Agency for Research on Cancer;a "human carcinogen"
				  or "anticipated human carcinogen" by the United States Department of Health and
				  Human Service National Toxicological Program;or a category A or B1/B2
				  carcinogen or as "carcinogenic to humans" or "likely to be carcinogenic to
				  humans" by the United States Environmental Protection Agency in the integrated
				  risk information system or a final rule issued in a Federal Register notice by
				  the USEPA. [415 ILCS 5/58.2]
"Class I Groundwater" means groundwater that meets the Class
				  I: Potable Resource Groundwater criteria set forth in 35 Ill. Adm. Code
				  620.
"Class II Groundwater" means groundwater that meets the Class
				  II: General Resource Groundwater criteria set forth in 35 Ill. Adm. Code
				  620.
"Conservation Property" means any real property for which
				  present or post-remediation use is primarily for wildlife habitat.
"Construction Worker" means a person engaged on a temporary
				  basis to perform work involving invasive construction activities including, but
				  not limited to, personnel performing demolition, earth-moving, building, and
				  routine and emergency utility installation or repair activities.
"Contaminant of Concern" or "Regulated Substance of Concern"
				  means any contaminant that is expected to be present at the site based upon
				  past and current land uses and associated releases that are known to the person
				  conducting a remediation based upon reasonable inquiry. [415 ILCS
				  5/58.2]
"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].
"Engineered Barrier" means a barrier designed or verified
				  using engineering practices that limits exposure to or controls migration of
				  the contaminants of concern.
"Environmental Land Use Control" means an instrument that
				  meets the requirements of this Part and is placed in the chain of title to real
				  property that limits or places requirements upon the use of the property for
				  the purpose of protecting human health or the environment, is binding upon the
				  property owner, heirs, successors, assigns, and lessees, and runs in perpetuity
				  or until the Agency approves, in writing, removal of the limitation or
				  requirement from the chain of title.
"Exposure Route" means the transport mechanism by which a
				  contaminant of concern reaches a receptor.
"Federally Owned Property" means real property owned in fee
				  by the United States of America on which institutional controls are sought to
				  be placed in accordance with this Subpart.
"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.
"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).
"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
				  5/3.64 ]
"Groundwater Quality Standards" means the standards for
				  groundwater as set forth in 35 Ill. Adm. Code 620.
"Hazard Quotient" means the ratio of a single substance
				  exposure level during a specified time period to a reference dose for that
				  substance derived from a similar exposure period.
"Highway" means any public way for vehicular travel which has
				  been laid out in pursuance of any law of this State, or of the Territory of
				  Illinois, or which has been established by dedication, or used by the public as
				  a highway for 15 years, or which has been or may be laid out and connect a
				  subdivision or platted land with a public highway and which has been dedicated
				  for the use of the owners of the land included in the subdivision or platted
				  land where there has been an acceptance and use under such dedication by such
				  owners, and which has not been vacated in pursuance of law. The term "highway"
				  includes rights of way, bridges, drainage structures, signs, guard rails,
				  protective structures and all other structures and appurtenances necessary or
				  convenient for vehicular traffic. A highway in a rural area may be called a
				  "road", while a highway in a municipal area may be called a "street". (Illinois
				  Highway Code [605 ILCS 5/2-202 ])
"Highway Authority" means the Department of Transportation
				  with respect to a State highway; the Illinois State Toll Highway 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 unit road district; or the corporate authorities of a municipality with
				  respect to a municipal street. (Illinois Highway Code [605 ILCS
				  5/2-213 ])
"Human Exposure Pathway" means a physical condition which may
				  allow for a risk to human health based on the presence of all of the following:
				  contaminants of concern; an exposure route; and a receptor activity at the
				  point of exposure that could result in contaminant of concern intake.
"Industrial/Commercial Property" means any real property that
				  does not meet the definition of residential property, conservation property or
				  agricultural property.
"Infiltration" means the amount of water entering into the
				  ground as a result of precipitation.
"Institutional Control" means a legal mechanism for imposing
				  a restriction on land use, as described in Subpart J.
"Intrusive activities" means activities that would affect
				  potential flow of contaminants into a building (e.g., breaching the integrity
				  of a foundation due to repairs or installation of utilities).
"Land Use Control Memoranda of Agreement" mean agreements
				  entered into between one or more agencies of the United States and the Illinois
				  Environmental Protection Agency that limit or place requirements upon the use
				  of Federally Owned Property for the purpose of protecting human health or the
				  environment.
"Man-Made Pathways" means constructed physical conditions
				  that may allow for the transport of regulated substances including, but not
				  limited to, sewers, utility lines, utility or elevator vaults, building
				  foundations, basements, crawl spaces, drainage ditches, previously excavated
				  and filled areas or sumps. [415 ILCS 5/58.2]
"Natural Pathways" means natural physical conditions that may
				  allow for the transport of regulated substances including, but not limited to,
				  soil, groundwater, sand seams and lenses, and gravel seams and lenses. [415
				  ILCS 5/58.2]
"Person" means 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 including
				  the United States government and each department, agency, and instrumentality
				  of the United States. [415 ILCS 5/58.2]
"Point of Human Exposure" means the points at which human
				  exposure to a contaminant of concern may reasonably be expected to occur. The
				  point of human exposure is at the source, unless an institutional control
				  limiting human exposure for the applicable exposure route has been or will be
				  in place, in which case the point of human exposure will be the boundary of the
				  institutional control. Point of human exposure may be at a different location
				  than the point of compliance.
"Populated Area" means:
an area within the boundaries of a municipality that has a
				  population of 10,000 or greater based on the year 2000 or most recent census;
				  or
an area less than three miles from the boundary of a
				  municipality that has a population of 10,000 or greater based on the year 2000
				  or most recent census.
"Potable" means generally fit for human consumption in
				  accordance with accepted water supply principles and practices. (Illinois
				  Groundwater Protection Act [415 ILCS
				  55/3(h) ])
"PQL" means practical quantitation limit or estimated
				  quantitation limit, which is 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 in Section
				  742.210.
				  When applied to filtered water samples, PQL includes the method detection limit
				  or estimated detection limit in accordance with the applicable method revision
				  in: "Methods for the Determination of Organic Compounds in Drinking Water",
				  Supplement II", EPA Publication No. EPA/600/4-88/039; "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 in
				  Section 742.210.
"Qsoil" means the volumetric flow rate
				  of soil gas from the subsurface into the enclosed building space.
"RBCA" means Risk Based Corrective Action as defined in ASTM
				  E-1739-95, as incorporated by reference in Section 742.210.
"RCRA" means the Resource Conservation and Recovery Act of
				  1976 (
				  42 USC
				  6921 ).
"Reference Concentration" or "RfC" means an estimate of a
				  daily exposure, in units of milligrams of chemical per cubic meter of air
				  (mg/m3), to the human population (including
				  sensitive subgroups) that is likely to be without appreciable risk of
				  deleterious effects during a portion of a lifetime (up to approximately seven
				  years, subchronic) or for a lifetime (chronic).
"Reference Dose" or "RfD" means an estimate of a daily
				  exposure, in units of milligrams of chemical per kilogram of body weight per
				  day (mg/kg/d), to the human population (including sensitive subgroups) that is
				  likely to be without appreciable risk of deleterious effects during a portion
				  of a lifetime (up to approximately seven years, subchronic) or for a lifetime
				  (chronic).
"Regulated Substance" means any hazardous substance as
				  defined under Section 101(14) of the Comprehensive Environmental Response,
				  Compensation, and Liability Act of 1980 ( P.L. 96-510 ) and petroleum products
				  including crude oil or any fraction thereof, natural gas, natural gas liquids,
				  liquefied natural gas, or synthetic gas usable for fuel (or mixtures of natural
				  gas and such synthetic gas). [415 ILCS 5/58.2]
"Rendered inoperable" means having become unable to operate
				  effectively, including, but not limited to, being shut down as part of routine
				  maintenance or due to a malfunction, power failure, or vandalism.
"Residential Property" means any real property that is used
				  for habitation by individuals, or where children have the opportunity for
				  exposure to contaminants through ingestion or inhalation (indoor or outdoor) at
				  educational facilities, health care facilities, child care facilities or
				  recreational areas. [415 ILCS 5/58.2]
"Right of Way" means the land, or interest therein, acquired
				  for or devoted to a highway. (Illinois Highway Code [605 ILCS
				  5/2-217 ])
"Saturated Zone" means a subsurface zone in which all the
				  interstices or voids are filled with water under pressure greater than that of
				  the atmosphere.
"Similar-Acting Chemicals" are chemical substances that have
				  toxic or harmful effect on the same specific organ or organ system (see
				  Appendix A.Tables E and F for a list of similar-acting chemicals with
				  noncarcinogenic and carcinogenic effects).
"Site" means any single location, place, tract of land or
				  parcel of property, or portion thereof, including contiguous property separated
				  by a public right-of-way. [415 ILCS 5/58.2]
"Slurry Wall" means a man-made barrier made of geologic
				  material which is constructed to prevent or impede the movement of
				  contamination into a certain area.
"Soil Gas" means the air existing in void spaces in the soil
				  between the groundwater table and the ground surface.
"Soil Saturation Limit" or "Csat"
				  means the contaminant concentration at which the absorptive limits of the soil
				  particles, the solubility limits of the available soil moisture, and saturation
				  of soil pore air have been reached. Above the soil saturation concentration,
				  the assumptions regarding vapor transport to air and/or dissolved phase
				  transport to groundwater (for chemicals that are liquid at ambient soil
				  temperatures) do not apply, and alternative modeling approaches are
				  required.
"Soil Vapor Saturation Limit" or
				  "Cvsat" means the maximum
				  vapor concentration that can exist in the soil pore air at a given temperature
				  and pressure.
"Solubility" means a chemical specific maximum amount of
				  solute that can dissolve in a specific amount of solvent (groundwater) at a
				  specific temperature.
"SPLP" means Synthetic Precipitation Leaching Procedure
				  (Method 1312) as published in "Test Methods for Evaluating Solid Waste,
				  Physical/Chemical Methods", USEPA Publication No. SW-846, as incorporated by
				  reference in Section 742.210.
"SSL" means Soil Screening Levels as defined in USEPA's Soil
				  Screening Guidance: User's Guide and Technical Background Document, as
				  incorporated by reference in Section 742.210.
"State Highway" means 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 street as defined in the Illinois Highway Code
				  [605 ILCS 5].
"TCLP" means Toxicity Characteristic Leaching Procedure
				  (Method 1311) as published in "Test Methods for Evaluating Solid Waste,
				  Physical/Chemical Methods", USEPA Publication No. SW-846, as incorporated by
				  reference in Section 742.210.
"Toll Highway" means toll highway as defined in the Illinois
				  Highway Code [605 ILCS 5].
"Total Petroleum Hydrocarbon" or "TPH" means the additive
				  total of all petroleum hydrocarbons found in an analytical sample.
"Township Road" means township road as defined in the
				  Illinois Highway Code [605 ILCS 5].
"Unconfined Aquifer" means an aquifer whose upper surface is
				  a water table free to fluctuate under atmospheric pressure.
"Volatile Chemicals" means chemicals with a Dimensionless
				  Henry's Law Constant of greater than 1.9 x 10-2 or a
				  vapor pressure greater than 0.1 Torr (mmHg) at 25°C. For purposes of the
				  indoor inhalation exposure route, elemental mercury is included in this
				  definition.
"Water Table" means the top water surface of an unconfined
				  aquifer at atmospheric pressure.