reglab/statecodes huggingface dataset:
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 750 - ILLINOIS HAZARDOUS SUBSTANCES POLLUTION CONTINGENCY PLAN › Subpart B - RESPONSIBILITY › Section 750.201 - Coordination Among and by State Agencies

Current through Register Vol. 48, No. 28, July 12, 2024
a) IEPA should coordinate planning and
				response action with affected State and Federal agencies and local government
				and private entities.
b) State
				agencies with facilities or other resources which may be useful in a State
				response situation should make those facilities or resources available
				consistent with agency capabilities and authorities.
c) When the Director of the IEPA determines
				that there may be an imminent and substantial endangerment to the public health
				or welfare or the environment because of a release or threatened release of a
				hazardous substance, from a facility, he/she may request the Illinois Attorney
				General to secure the relief necessary to abate the threat. The action
				described here is in addition to any actions taken by a Federal agency or local
				government for the same purpose.
d)
				Where appropriate, discharges of radioactive materials shall be handled
				pursuant to the appropriate State and/ or federal radiological plans.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 750 - ILLINOIS HAZARDOUS SUBSTANCES POLLUTION CONTINGENCY PLAN › Subpart B - RESPONSIBILITY › Section 750.202 - Other Assistance by State Agencies

Current through Register Vol. 48, No. 28, July 12, 2024
a) State agencies' other than IEPA, which
				have duties established by statute or executive order which may be relevant to
				State response action or may be relevant to the rehabilitation, restoration,
				and replacement of damaged or lost natural resources may be called upon by IEPA
				during the planning or implementation of a response to provide assistance in
				their respective areas of expertise, consistent with their capabilities and
				legal authorities.
b) In addition
				to their general responsibilities under subsection (a) of this Section, State
				agencies should:
1) Make necessary
				information available to the IEPA; and
2) Inform the IEPA of changes in the
				availability of resources that would affect the operations of the
				Plan.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 750 - ILLINOIS HAZARDOUS SUBSTANCES POLLUTION CONTINGENCY PLAN › Subpart B - RESPONSIBILITY › Section 750.203 - Local Participation

Current through Register Vol. 48, No. 28, July 12, 2024
Local government agencies are encouraged to include
				  contingency planning for response consistent with this Plan in all emergency
				  and disaster planning.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 750 - ILLINOIS HAZARDOUS SUBSTANCES POLLUTION CONTINGENCY PLAN › Subpart B - RESPONSIBILITY › Section 750.204 - Non-Government Participation

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Industry groups, academic organizations, and others are encouraged to commit
				resources for response operations.
b) It is particularly important to use the
				valuable technical and scientific information generated by the non-government
				local community along with those from Federal and State government to assist
				the IEPA in devising clean-up strategies where effective standard techniques
				are unavailable, and to ensure that pertinent research will be undertaken to
				meet national needs.
c) IEPA should
				establish procedures to allow for well-organized, worthwhile, and safe use of
				volunteers. These procedures should provide for the direction of volunteers by
				the IEPA or by other State or local officials knowledgeable in contingency
				operations and capable of providing leadership. IEPA also should identify
				specific areas in which volunteers can be used, such as beach surveillance,
				logistical support, and bird and wildlife treatment. Unless specifically
				requested by the IEPA volunteers generally should not be used for physical
				removal or remedial activities. If, in the judgment of the IEPA dangerous
				conditions exist, volunteers shall be restricted from on-scene
				operations.
d) If any person other
				than a person operating under contract or cooperative agreement with the IEPA
				takes response action and intends to seek reimbursement from the Fund, such
				actions must be in conformity with this Plan, and may only be undertaken if
				such person notifies the Director of IEPA or his/her designee prior to taking
				such action, receives prior approval to take such action, and acts by and under
				the direction of IEPA.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 750 - ILLINOIS HAZARDOUS SUBSTANCES POLLUTION CONTINGENCY PLAN › Subpart C - ORGANIZATION › Section 750.301 - Response Operations

Current through Register Vol. 48, No. 28, July 12, 2024
a) The
				IEPA shall direct State Fund-financed response efforts and coordinate all other
				State efforts at the scene of a discharge or release.
b) The IEPA shall, to the extent practicable
				under the circumstances, collect pertinent facts about the discharge or
				release, such as its source and cause; the existence of potentially responsible
				parties, the nature, amount, and location of discharged or released materials;
				the probable direction and time of travel of discharged or released materials;
				the pathways to human exposure; potential impact on human health, welfare and
				safety; the potential impact on natural resources and property which may be
				affected; priorities for protecting human health, welfare and the environment;
				and appropriate cost documentation.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 750 - ILLINOIS HAZARDOUS SUBSTANCES POLLUTION CONTINGENCY PLAN › Subpart C - ORGANIZATION › Section 750.302 - Emergency Response Unit

Current through Register Vol. 48, No. 28, July 12, 2024
IEPA shall maintain an Emergency Response Unit with the
				  following capabilities:
a) Specialized
				containment and removal equipment;
b) Personnel trained to evaluate, monitor and
				supervise pollution responses;
c)
				"Initial Aid" response capability to deploy equipment prior to the arrival of a
				clean-up contractor or other response personnel;
d) Access to special decontamination
				equipment for chemical releases;
e)
				An up-to-date inventory as to the location of response and support equipment,
				including private and commercial equipment as well as government
				resources;
f) Advice on hazard
				evaluation, risk assessment; multi-media sampling and analysis program; on-site
				safety; clean-up technique and priorities; water supply decontamination and
				protection; application of dispersants; environmental assessments; degree of
				clean-up required; and disposal of contaminated material;
g) Expertise in biology, chemistry,
				hydrology, geology and engineering.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 750 - ILLINOIS HAZARDOUS SUBSTANCES POLLUTION CONTINGENCY PLAN › Subpart C - ORGANIZATION › Section 750.304 - Communications

Current through Register Vol. 48, No. 28, July 12, 2024
a) Notice of a
				release of a hazardous substance in an amount equal to or greater than the
				reportable quantity shall be made at the earliest practicable moment following
				discovery of the incident or accident pursuant to the procedures in the IESDA
				rules for telephone notification (29 Ill. Adm. Code 430).
b) The IESDA notification telephone number is
				217/782-7860.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 750 - ILLINOIS HAZARDOUS SUBSTANCES POLLUTION CONTINGENCY PLAN › Subpart D - HAZARDOUS SUBSTANCE RESPONSE › Section 750.401 - General

Current through Register Vol. 48, No. 28, July 12, 2024
a) This subpart
				establishes methods and criteria for determining the appropriate extent of
				response when any hazardous substance is released or there is a substantial
				threat of such a release into the environment, of any pollutant or contaminant
				which may present an imminent and substantial danger to the public health or
				welfare.
b) Removal or remedial
				action is authorized unless it is determined that such removal or remedial
				action will be done properly by the owner or operator of the vessel or facility
				from which the release or threat of release emanates, or by any other
				responsible party.
c) In
				determining the need for and in planning or undertaking Fund-financed action,
				response personnel should, to the extent practicable, consider the following:
1) Conserve Fund monies by encouraging
				private party clean-up;
2) Be
				sensitive to local community concerns (in accordance with applicable
				guidance);
3) Rely on established
				technology when feasible and cost-effective;
4) Encourage the participation and sharing of
				technology by industry and other experts.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 750 - ILLINOIS HAZARDOUS SUBSTANCES POLLUTION CONTINGENCY PLAN › Subpart D - HAZARDOUS SUBSTANCE RESPONSE › Section 750.410 - Phase I - Discovery or Notification Assessment

Current through Register Vol. 48, No. 28, July 12, 2024
a) A release may be discovered through:
1) Notification pursuant to a statutory
				requirement;
2) Investigation by
				government authorities;
3)
				Notification of a release by a Federal or State permit holder when required by
				its permit;
4) Inventory efforts or
				random or incidental observation by government agencies or the
				public;
5) Other sources.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 750 - ILLINOIS HAZARDOUS SUBSTANCES POLLUTION CONTINGENCY PLAN › Subpart D - HAZARDOUS SUBSTANCE RESPONSE › Section 750.420 - Phase II - Preliminary Assessment

Current through Register Vol. 48, No. 28, July 12, 2024
a) A preliminary assessment of a release
				identified for possible State response should be undertaken by the IEPA. If the
				reported release potentially requires immediate removal, the preliminary
				assessment should be done as promptly as possible. Other releases shall be
				assessed as soon as practicable. The IEPA should base its assessment on readily
				available information. This assessment may include:
1) Evaluation of the magnitude of the
				hazard;
2) Identification of the
				source and nature of the release;
3) Determination of the existence of a
				non-State party or parties ready, willing, and able to undertake a proper
				response; and
4) Evaluation of
				factors necessary to make the determination of whether immediate removal is
				necessary.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 750 - ILLINOIS HAZARDOUS SUBSTANCES POLLUTION CONTINGENCY PLAN › Subpart D - HAZARDOUS SUBSTANCE RESPONSE › Section 750.430 - Phase III - Immediate Removal

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				In determining the appropriate extent of action to be taken at a given release,
				the IEPA shall first review the preliminary assessment to determine if
				immediate removal action is appropriate. Immediate removal action shall be
				deemed appropriate in those cases in which the IEPA determines that the
				initiation of immediate removal action will prevent or mitigate immediate and
				significant risk of harm to human life or health or to the environment from
				such situations as:
1) Human, animal, or food
				chain exposure to acutely toxic substances;
2) Contamination of a drinking water
				supply;
3) Fire and/or explosion;
				or
4) Similarly acute
				situations.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 750 - ILLINOIS HAZARDOUS SUBSTANCES POLLUTION CONTINGENCY PLAN › Subpart D - HAZARDOUS SUBSTANCE RESPONSE › Section 750.440 - Phase IV - Evaluation and Determination of Appropriate Response-Planned Removal and Remedial Action

Current through Register Vol. 48, No. 28, July 12, 2024
a) The
				purpose of this phase is to determine the appropriate action when the
				preliminary assessment indicates that further response may be necessary or when
				IEPA finds that further response should follow an immediate removal
				action.
b) As soon as practicable,
				an inspection will be undertaken to assess the nature and extent of the release
				and to assist in determining its priority for Fund-financed response.
c)
1) The
				IEPA may undertake investigations, monitoring, surveys, testing and other
				information gathering as appropriate. These efforts shall be undertaken jointly
				by the IEPA and those state officials responsible for enforcing legal
				requirements.
2) A major objective
				of an inspection is to determine if there is any immediate danger to persons
				living or working near the facility. In general, the collection of samples
				should be minimized during inspection activities; however, situations in which
				there is an apparent risk to the public should be treated as exceptions to that
				practice. Examples of apparent risk include use of nearby wells for drinking
				water, citizen complaints of unusual taste or odor in drinking water, or
				chemical odors or unusual health problems in the vicinity of the release. Under
				those circumstances, a sampling protocol should be developed for the inspection
				to allow for the earliest possible detection of any human exposure to hazardous
				substances. The site inspection may also address:
A) Determining the need for immediate removal
				action;
B) Assessing amounts, types
				and location of hazardous substances stored;
C) Assessing potential for substances to
				migrate from areas where they were originally located;
D) Determining or documenting immediate
				threats to the public or environment.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 750 - ILLINOIS HAZARDOUS SUBSTANCES POLLUTION CONTINGENCY PLAN › Subpart D - HAZARDOUS SUBSTANCE RESPONSE › Section 750.450 - Phase V - Planned Removal

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Planned removal may be undertaken pursuant to a contract or cooperative
				agreement when the IEPA determines that:
1)
				There would be a substantial cost savings by continuing a response action with
				the equipment and resources mobilized for an immediate removal action taken
				pursuant to Section
				750.420,
				but terminated pursuant to Section
				750.420(c);
				or
2) The public and/or environment
				will be at risk from exposure to hazardous substances if response is delayed at
				a release not on the State Priorities List.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 750 - ILLINOIS HAZARDOUS SUBSTANCES POLLUTION CONTINGENCY PLAN › Subpart D - HAZARDOUS SUBSTANCE RESPONSE › Section 750.460 - Phase VI - Remedial Action - General

Current through Register Vol. 48, No. 28, July 12, 2024
a) Remedial actions taken pursuant to this
				section are those responses to releases on the State Priorities List that are
				consistent with permanent remedy to prevent or mitigate the migration of a
				release of hazardous substances into the environment.
b) As an alternative or in addition to
				Fund-financed remedial action, the IEPA may seek, through voluntary agreement
				or administrative or judicial process, to have those persons responsible for
				the release clean up in a manner that effectively mitigates and minimizes
				damage to, and provides adequate protection of, public health, welfare, and the
				environment. The IEPA shall evaluate the adequacy of clean-up proposals
				submitted by responsible parties or determine the level of clean-up to be
				sought through enforcement efforts, by consideration of factors discussed in
				Sections
				750.462
				through
				750.469.
				The IEPA will not, however, apply the cost balancing considerations discussed
				in Section
				750.469(b)
				to determine the appropriate extent of responsible party clean-up.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 750 - ILLINOIS HAZARDOUS SUBSTANCES POLLUTION CONTINGENCY PLAN › Subpart D - HAZARDOUS SUBSTANCE RESPONSE › Section 750.461 - Phase VI - Remedial Action - Funding Requests

Current through Register Vol. 48, No. 28, July 12, 2024
a) The IEPA will examine available
				information and determine, based on the factors in Section
				750.466
				of this section, the type or types of remedial response that may be needed to
				remedy the release. This scoping will serve as the basis for requesting funding
				for a remedial investigation and feasibility study:
1) In the case of initial remedial measures,
				a single request may be made by IEPA for funding the remedial investigation,
				feasibility study, design and implementation, in order that such measures may
				be expedited while continuing the remainder of the remedial planning
				process;
2) In the case of source
				control or off-site remedial action, the initial funding request should be for
				the remedial investigation and feasibility study. Request for funding of design
				and implementation should be made after the completion of the feasibility
				study.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 750 - ILLINOIS HAZARDOUS SUBSTANCES POLLUTION CONTINGENCY PLAN › Subpart D - HAZARDOUS SUBSTANCE RESPONSE › Section 750.462 - Phase VI - Remedial Action - Initial Remedial Action

Current through Register Vol. 48, No. 28, July 12, 2024
In some instances, initial remedial measures can and should
				  begin before final selection of an appropriate remedial action if such measures
				  are determined to be feasible and necessary to limit exposure or threat of
				  exposure to a significant health or environmental hazard and if such measures
				  are cost-effective. Compliance with Section
				  750.450(b)
				  is a prerequisite to taking initial remedial measures. The following factors
				  should be used in determining whether initial remedial measures are
				  appropriate:
a) Actual or potential
				direct contact with hazardous substances by nearby population. (Measures might
				include fences and other security precautions.)
b) Absence of an effective drainage control
				system (with an emphasis on run-on control). (Measures might include drainage
				ditches.)
c) Contaminated drinking
				water at the tap. (Measures might include the temporary provision of an
				alternative water supply.)
d)
				Hazardous substances in drums, barrels, tanks, or other bulk storage containers
				above surface posing a serious threat to public health or the environment.
				(Measures might include transport of drums off-site.)
e) Highly contaminated soils largely at or
				near surface, posing a serious threat to public health or the environment.
				(Measures might include temporary capping or removal of highly contaminated
				soils from drainage areas.)
f)
				Serious threat of fire or explosion or other serious threat to public health or
				the environment. (Measures might include stabilization of berms, dikes or
				impoundments.)
g) Weather
				conditions that may cause substances to migrate and to pose a serious threat to
				public health or the environment. (Measures might include stabilization of
				berms, dikes or impoundments.)
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 750 - ILLINOIS HAZARDOUS SUBSTANCES POLLUTION CONTINGENCY PLAN › Subpart D - HAZARDOUS SUBSTANCE RESPONSE › Section 750.463 - Phase VI - Remedial Action - Source Control Remedial Action

Current through Register Vol. 48, No. 28, July 12, 2024
Source control remedial actions may be appropriate if a
				  substantial concentration of hazardous substances remain at or near the area
				  where they were originally located and inadequate barriers exist to retard
				  migration of substances into the environment. Source control remedial actions
				  may not be appropriate if most substances have migrated from the area where
				  originally located or if the IEPA determines that the substances are adequately
				  contained. Source control remedial actions may include alternative to contain
				  the eliminate potential contamination by transporting the hazardous substances
				  to a new location. The following criteria should be assessed determining
				  whether and what type of source control remedial actions should be
				  considered:
a) The extent to which
				substances pose a danger to public health, welfare, or the environment. Factors
				which should be considered in assessing this danger include:
1) Population at risk;
2) Amount and form of the substance
				present;
3) Hazardous properties of
				the substances;
4) Hydrogeological
				factors (e.g. soil permeability depth to saturated zone, hydrologic gradients,
				proximity to a drinking water aquifer); and
5) Climate (rainfall, etc).
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 750 - ILLINOIS HAZARDOUS SUBSTANCES POLLUTION CONTINGENCY PLAN › Subpart D - HAZARDOUS SUBSTANCE RESPONSE › Section 750.464 - Phase VI - Remedial Action - Off-Site Remedial Action

Current through Register Vol. 48, No. 28, July 12, 2024
In some situations it may be appropriate to take action
				  (referred to as off-site remedial actions) to minimize and mitigate the
				  migration of hazardous substances and the effects of such migration. Theses
				  actions may be taken when the IEPA determines that source control remedial
				  actions may not effectively mitigate and minimize the threat and there is a
				  significant threat to public health, welfare, or the environment. These
				  situations typically will result from contamination that has migrated beyond
				  the area where the hazardous substances were originally located. Off-site
				  measures may include provision of permanent alternative water supplies,
				  management of a drinking water aquifer plume or treatment of drinking water
				  aquifers. The following criteria should be used in determining whether and what
				  type of off-site remedial actions should be considered:
a) Contribution of the contamination to an
				air, land or water pollution problem;
b) The extent to which the substances have
				migrated or are expected to migrate from the area of their original location
				and whether continued migration may pose a danger to public health, welfare or
				environment;
c) The extent to which
				natural or man-made barriers currently contain the hazardous substances and the
				adequacy of the barriers;
d) The
				factors listed in Section
				750.463(a);
e) The experiences and approaches used in
				similar situations by State and Federal agencies, other states, and private
				parties;
f) Environmental effects
				and welfare concerns.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 750 - ILLINOIS HAZARDOUS SUBSTANCES POLLUTION CONTINGENCY PLAN › Subpart D - HAZARDOUS SUBSTANCE RESPONSE › Section 750.465 - Phase VI - Remedial Action - Remedial Investigation

Current through Register Vol. 48, No. 28, July 12, 2024
A remedial investigation should be undertaken by the IEPA (or
				  responsible party if the responsible party will be developing a clean-up
				  proposal) to determine the nature and extent of the problem presented by the
				  release. This includes sampling and monitoring, as necessary, and includes the
				  gathering of sufficient information to determine the necessity for and proposed
				  extent of remedial action. During the remedial investigation, the original
				  scoping of the project may be modified based on the factors in Sections
				  750.462
				  -750.464. Part of the remedial investigation involves assessing whether the
				  threat can be mitigated and minimized by controlling the source of the
				  contamination at or near the area where the hazardous substances were
				  originally located (source control remedial actions) or whether additional
				  actions will be necessary because the hazardous substances have migrated from
				  the area of their original location (off-site remedial
				  actions).
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 750 - ILLINOIS HAZARDOUS SUBSTANCES POLLUTION CONTINGENCY PLAN › Subpart D - HAZARDOUS SUBSTANCE RESPONSE › Section 750.466 - Phase VI - Remedial Action - Development of Alternatives

Current through Register Vol. 48, No. 28, July 12, 2024
Development of Alternatives. A limited number of alternatives
				  should be developed for either source control or off-site remedial actions (or
				  both) depending upon the type of response that has been identified under
				  Sections
				  750.462
				  -750.465 as being appropriate. One alternative may be a no-action alternative.
				  No-action alternatives are appropriate, for example, when response action may
				  cause a greater environmental or health danger than no action. These
				  alternatives should be developed based upon the assessment conducted under
				  Sections 750.462-750.465 and reflect the types of source control or off-site
				  remedial actions determined to be appropriate under Sections
				  750.462-750.465.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 750 - ILLINOIS HAZARDOUS SUBSTANCES POLLUTION CONTINGENCY PLAN › Subpart D - HAZARDOUS SUBSTANCE RESPONSE › Section 750.467 - Phase VI - Remedial Action - Initial Screening of Alternatives

Current through Register Vol. 48, No. 28, July 12, 2024
Initial Screening of Alternatives. The alternatives developed
				  under Section
				  750.466
				  will be subjected to an initial screening to narrow the list of potential
				  remedial actions for further detailed analysis. Three broad criteria should be
				  used in the initial screening of alternatives:
a) Cost. For each alternative, the cost of
				installing or implementing the remedial action must be considered, including
				operation and maintenance costs. An alternative that far exceeds (e.g. by an
				order of magnitude) the costs of other alternatives evaluated and that does not
				provide substantially greater public health or environmental benefit should
				usually be excluded from further consideration.
b) Effects of the Alternative:
1) The effects of each alternative should be
				evaluated in two ways:
A) Whether the
				alternative itself or its implementation has any adverse environmental effects;
				and
B) For source control remedial
				actions, whether the alternative is likely to achieve adequate control of
				source material, or for offsite remedial actions, whether the alternative is
				likely to effectively mitigate and minimize the threat of harm to public
				health, welfare or the environment.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 750 - ILLINOIS HAZARDOUS SUBSTANCES POLLUTION CONTINGENCY PLAN › Subpart D - HAZARDOUS SUBSTANCE RESPONSE › Section 750.468 - Phase VI - Remedial Action - Detailed Analysis of Alternatives

Current through Register Vol. 48, No. 28, July 12, 2024
a) A more detailed
				evaluation will be conducted of the limited number of alternatives that remain
				after the initial screening in Section
				750.467;
b) The detailed analysis of each alternative
				should include:
1) Refinement and
				specification of alternatives in detail, with emphasis on use of established
				technology;
2) Detailed cost
				estimation, including distribution of costs over time;
3) Evaluation in terms of engineering
				implementation, or constructability;
4) An assessment of each alternative in terms
				of the extent to which it is expected to effectively mitigate and minimize
				damage to, and provide adequate protection of, public health, welfare, and the
				environment, relative to the other alternatives analyzed; and
5) An analysis of any adverse environmental
				impacts, methods for mitigating these impacts, and costs of
				mitigation.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 750 - ILLINOIS HAZARDOUS SUBSTANCES POLLUTION CONTINGENCY PLAN › Subpart D - HAZARDOUS SUBSTANCE RESPONSE › Section 750.469 - Phase VI - Remedial Action - Extent of Remedy

Current through Register Vol. 48, No. 28, July 12, 2024
a) The appropriate extent of remedy shall be
				determined by the IEPA's selection of the remedial alternative which it
				determines is cost-effective (i.e. the lowest cost alternative that is
				technologically feasible and reliable and which effectively mitigates and
				minimizes damage to and provides adequate protection of public health, welfare,
				or the environment).
b) The need
				for protection of public health, welfare and the environment at the facility
				under consideration should be balanced against the amount of money available in
				the Fund to respond to other sites which present or may present a threat to
				public health or welfare or the environment, taking into consideration the need
				for immediate action. Accordingly, in determining the appropriate extent of
				remedy for Fund-financed response, the IEPA also must consider the need to
				respond to other releases with Fund monies.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 750 - ILLINOIS HAZARDOUS SUBSTANCES POLLUTION CONTINGENCY PLAN › Subpart D - HAZARDOUS SUBSTANCE RESPONSE › Section 750.470 - Phase VII - Documentation and Cost Recovery

Current through Register Vol. 48, No. 28, July 12, 2024
During all phases, documentation shall be collected and
				  maintained to support all actions taken under this Plan, and to form the basis
				  for cost recovery. In general, documentation should be sufficient to provide
				  the source and circumstances of the condition, the identity of responsible
				  parties, accurate accounting of State costs incurred, and impacts and potential
				  impacts to the public health, welfare and environment.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 750 - ILLINOIS HAZARDOUS SUBSTANCES POLLUTION CONTINGENCY PLAN › Subpart D - HAZARDOUS SUBSTANCE RESPONSE › Section 750.480 - Engineering Methods for On-Site Actions - Air Emissions Controls

Current through Register Vol. 48, No. 28, July 12, 2024
The control of volatile gaseous compounds should address both
				  lateral movement and atmospheric emissions. Before gas migration controls can
				  be properly installed, field measurements to determine gas concentrations,
				  pressures, and soil permiabilities should be used to establish optimum design
				  for control. In addition, the types of hazardous substances present, the depth
				  to which they extend, the nature of the gas and the subsurface geology of the
				  release area should, if possible, be determined. Typical emission control
				  techniques include the following:
a)
				Pipe vents;
b) Trench
				vents;
c) Gas barriers;
d) Gas collection systems;
e) Overpacking.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 750 - ILLINOIS HAZARDOUS SUBSTANCES POLLUTION CONTINGENCY PLAN › Subpart D - HAZARDOUS SUBSTANCE RESPONSE › Section 750.481 - Engineering Methods for On-Site Actions - Surface Water Controls

Current through Register Vol. 48, No. 28, July 12, 2024
These are remedial techniques designed to reduce waste
				  infiltration and to control runoff at release areas. They also serve to reduce
				  erosion and to stabilize the surface of covered sites. These types of control
				  technologies are usually implemented in conjunction with other types of
				  controls such as the elimination of groundwater infiltration and/or waste
				  stabilization, etc. Technologies applicable to surface water control include
				  the following:
a) Surface
				seals;
b) Surface water diversion
				and collection systems:
1) Dikes and
				berms;
2) Ditches, diversions,
				waterways;
3) Chutes and
				downpipes;
4) Levees;
5) Seepage basins and ditches;
6) Sedimentation basins and ponds;
7) Terraces and benches.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 750 - ILLINOIS HAZARDOUS SUBSTANCES POLLUTION CONTINGENCY PLAN › Subpart D - HAZARDOUS SUBSTANCE RESPONSE › Section 750.482 - Engineering Methods for On-Site Actions - Groundwater Controls

Current through Register Vol. 48, No. 28, July 12, 2024
Groundwater pollution is a particularly serious problem
				  because, once an aquifer has been contaminated, the resource cannot usually be
				  cleaned without the expenditure of great time, effort and resources. Techniques
				  that can be applied to the problem with varying degrees of success are as
				  follows:
a) Impermeable barriers:
1) Slurry walls;
2) Grout curtains;
3) Sheet pilings.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 750 - ILLINOIS HAZARDOUS SUBSTANCES POLLUTION CONTINGENCY PLAN › Subpart D - HAZARDOUS SUBSTANCE RESPONSE › Section 750.483 - Engineering Methods for On-Site Actions - Contaminated Water and Sewer Lines

Current through Register Vol. 48, No. 28, July 12, 2024
Sanitary sewers and municipal water mains located down
				  gradient from hazardous waste disposal sites may become contaminated by
				  infiltration of leachate or polluted ground water through cracks, ruptures, or
				  poorly sealed joints in piping. Technologies applicable to the control of such
				  contamination to water and sewer lines include:
a) Grouting;
b) Pipe relining and sleeving;
c) Sewer relocation.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 750 - ILLINOIS HAZARDOUS SUBSTANCES POLLUTION CONTINGENCY PLAN › Subpart D - HAZARDOUS SUBSTANCE RESPONSE › Section 750.484 - Engineering Methods for On-Site Actions - Treatment Technologies - Gaseous Emissions Treatment

Current through Register Vol. 48, No. 28, July 12, 2024
Gases from waste disposal sites frequently contain malodorous
				  and toxic substances, and thus require treatment before releases to the
				  atmosphere. There are two basic types of gas treatment systems:
a) Vapor phase absorption;
b) Thermal oxidation.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 750 - ILLINOIS HAZARDOUS SUBSTANCES POLLUTION CONTINGENCY PLAN › Subpart D - HAZARDOUS SUBSTANCE RESPONSE › Section 750.485 - Engineering Methods for On-Site Actions - Treatment Technologies - Direct Waste Treatment Methods

Current through Register Vol. 48, No. 28, July 12, 2024
In most cases, these techniques can be considered long-term
				  permanent solutions. Many of these direct treatment methods are not fully
				  developed and the applications and process reliability are not well
				  demonstrated. Use of these techniques for waste treatment may require
				  considerable pilot plant work. Technologies applicable to the direct treatment
				  of wastes are:
a) Biological methods:
1) Treatment via modified conventional
				wastewater treatment techniques;
2)
				Anaerobic, aerated and facultative lagoons;
3) Supported growth biological
				reactors.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 750 - ILLINOIS HAZARDOUS SUBSTANCES POLLUTION CONTINGENCY PLAN › Subpart D - HAZARDOUS SUBSTANCE RESPONSE › Section 750.486 - Engineering Methods for On-Site Actions - Treatment Technologies - Contaminated Soils and Sediments

Current through Register Vol. 48, No. 28, July 12, 2024
In some cases where it can be shown to be cost-effective,
				  contaminated sediments and soils will be treated on the site. Technologies
				  available include:
a)
				Incineration;
b) Wet air
				oxidation;
c)
				Solidification;
d)
				Encapsulation;
e) In situ
				treatment:
1) Solution mining, (soil washing
				or soil flushing);
2)
				Neutralization/detoxification;
3)
				Microbiological degradation.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 750 - ILLINOIS HAZARDOUS SUBSTANCES POLLUTION CONTINGENCY PLAN › Subpart D - HAZARDOUS SUBSTANCE RESPONSE › Section 750.490 - Methods for Remedying Releases - Off-Site Transport for Storage, Treatment, Destruction, or Secure Disposition

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				General
-
Off-site transport or storage, treatment, destruction,
				or secure disposition off-site may be provided in cases where IEPA determines
				that such actions:
1) Are more cost-effective
				than other forms of remedial actions;
2) Will create new capacity to manage, in
				compliance with Subtitle G of the Board's regulations (35 Ill. Adm. Code 700:
				Subtitle G, Chapter I), hazardous substances in addition to those located at
				the affected facility; or
3) Are
				necessary to protect public health, welfare, or the environment from a present
				or potential risk which may be created by further exposure to the continued
				presence of such substances or materials.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 750 - ILLINOIS HAZARDOUS SUBSTANCES POLLUTION CONTINGENCY PLAN › Subpart D - HAZARDOUS SUBSTANCE RESPONSE › Section 750.492 - Methods of Remedying Releases - Provision of Alternative Water Supplies

Current through Register Vol. 48, No. 28, July 12, 2024
Alternative water supplies can be provided in several
				  ways:
a) Provision of individual
				treatment units;
b) Provision of
				water distribution system;
c)
				Provision of new wells in a new location or deeper wells;
d) Provision of cisterns;
e) Provision of bottled or treated
				water;
f) Provision of upgraded
				treatment for existing distribution systems.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 750 - ILLINOIS HAZARDOUS SUBSTANCES POLLUTION CONTINGENCY PLAN › Subpart D - HAZARDOUS SUBSTANCE RESPONSE › Section 750.494 - Methods of Remedying Releases - Relocation

Current through Register Vol. 48, No. 28, July 12, 2024
Permanent relocation of residents, businesses, and community
				  facilities may be provided where it is determined that human health is in
				  danger and that alone or in combination with other measures, relocation would
				  be cost-effective and environmentally preferable to other remedial response.
				  Temporary relocation may also be taken in appropriate
				  circumstances.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 750 - ILLINOIS HAZARDOUS SUBSTANCES POLLUTION CONTINGENCY PLAN › Subpart D - HAZARDOUS SUBSTANCE RESPONSE › Section 750.496 - Worker Health and Safety

Current through Register Vol. 48, No. 28, July 12, 2024
IEPA personnel should be aware of hazards, due to a release
				  of hazardous substances, to human health and safety and exercise great caution
				  in allowing civilian or government personnel into an affected area until the
				  nature of the release has been ascertained. Accordingly, IEPA personnel must
				  conform to applicable OSHA requirements, IDL requirements, and other guidance.
				  All private contractors who are working at the scene of a release must conform
				  to applicable provisions of the Occupational Safety and Health Act, IDL
				  requirements, and any other requirements deemed necessary by
				  IEPA.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 750 - ILLINOIS HAZARDOUS SUBSTANCES POLLUTION CONTINGENCY PLAN › Subpart E - USE OF DISPERSANTS AND OTHER CHEMICALS › Section 750.501 - General

Current through Register Vol. 48, No. 28, July 12, 2024
a) The IEPA may
				authorize the use of dispersants and other chemicals on oil spills; provided,
				however, that such dispersants and other chemicals must be on the list of
				accepted dispersants prepared by the United States Environmental Protection
				Agency pursuant to Section 311(c) (2)(G) of the Clean Water Act ( 33 U.S.C. 466
				et seq.), as amended.
b) In the
				case of dispersants and other chemicals not included on the list of accepted
				dispersants, IEPA will authorize use on a case-by-case basis not inconsistent
				with Federal requirements. Case-by-case approvals will be made by the Director
				or his designee.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 807 - SOLID WASTE › Subpart A - GENERAL PROVISIONS › Section 807.101 - Authority, Policy and Purposes

Current through Register Vol. 48, No. 28, July 12, 2024
Pursuant to the authority contained in Sections 5, 22 and 27
				  of the Environmental Protection Act, (Ill. Rev. Stat. 1981, ch. 1111/2, pars.
				  1001, et seq., "the Act") and consistent with the policy and purposes expressed
				  in Section 20 (Ill. Rev. Stat. 1981, ch. 1111/2, par. 1020) thereof, the
				  Pollution Control Board ("the Board") adopts the following Rules and
				  Regulations.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 807 - SOLID WASTE › Subpart A - GENERAL PROVISIONS › Section 807.102 - Repeals

Current through Register Vol. 48, No. 28, July 12, 2024
These rules and regulations replace and supersede Rules and
				  Regulations for Refuse Disposal Sites and Facilities, adopted by the Illinois
				  Department of Public Health on March 22, 1966 and continuing in effect pursuant
				  to Section 49(c) of the Act "Until repealed, amended or superseded by
				  regulations under this Act," (Ill. Rev. Stat. 1981, ch. 1111/2, par. 1049(c))
				  except that any proceeding arising from any occurrence happening prior to the
				  applicable provision of these rules and regulations shall be governed by the
				  above described Rules.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 807 - SOLID WASTE › Subpart A - GENERAL PROVISIONS › Section 807.103 - Severability

Current through Register Vol. 48, No. 28, July 12, 2024
If any provision of these regulations or the application
				  thereof to any person or in any circumstance is adjudged invalid, such
				  adjudication shall not affect the validity of these Regulations as a whole or
				  of any part thereof not adjudged invalid.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 807 - SOLID WASTE › Subpart A - GENERAL PROVISIONS › Section 807.105 - Relation to Other Rules

Current through Register Vol. 48, No. 28, July 12, 2024
a) Persons
				and facilities regulated pursuant to 35 Ill. Adm. Code 700 through 749 are not
				subject to the requirements of this Part or of 35 Ill. Adm. Code 811 through
				817. However, if such a facility also contains one or more units used solely
				for the disposal of solid wastes, as defined in 35 Ill. Adm. Code
				810.103,
				such units are subject to requirements of this Part and 35 Ill. Adm. Code 811
				through 817.
b) Persons and
				facilities subject to 35 Ill. Adm. Code 807, 809 or 811 through 817 may be
				subject to other applicable Parts of 35 Ill. Adm. Code: Chapter I based on the
				language of those other Parts. Specific examples of such applicability are
				provided as explained at 35 Ill. Adm. Code
				700.102.
c) The requirements of 35 Ill. Adm. Code 810
				through 817 are intended to supersede the requirements of this Part. Persons
				and facilities regulated pursuant to 35 Ill. Adm. Code 810 through 817 are not
				subject to the requirements of this Part. This Part does not apply to new units
				as defined in 35 Ill. Adm. Code 810.103.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 807 - SOLID WASTE › Subpart B - SOLID WASTE PERMITS › Section 807.201 - Development Permits

Current through Register Vol. 48, No. 28, July 12, 2024
Subject to such exemption as expressly provided in Section
				  21(e) (Ill. Rev. Stat. 1981, ch. 1111/2, par. 1021(e)) of the Act as to the
				  requirement of obtaining a permit, no person shall cause or allow the
				  development of any new solid waste management site or cause or allow the
				  modification of an existing solid waste management site without a Development
				  Permit issued by the Agency.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 807 - SOLID WASTE › Subpart B - SOLID WASTE PERMITS › Section 807.202 - Operating Permits

Current through Register Vol. 48, No. 28, July 12, 2024
a) New Solid
				Waste Management Sites.
Subject to such exemption as expressly provided in Section
				  21(e) of the Act (Ill. Rev. Stat. 1982, ch. 1111/2, par. 1021(e)) as to the
				  requirement of obtaining a permit, no person shall cause or allow the use or
				  operation of any solid waste management site for which a Development Permit is
				  required under Section
				  807.201
				  without an Operating Permit issued by the Agency, except for such testing
				  operations as may be authorized by the Development Permit.
b) Existing Solid Waste Management Sites.
1) Subject to such exemption as expressly
				provided in Section 21(e) of the Act (Ill. Rev. Stat. 1981, ch. 1111/2, par.
				1021(e)) as to the requirement of obtaining a permit, no person shall cause or
				allow the use or operation of any existing solid waste management site without
				an Operating Permit issued by the Agency not later than one year after the
				effective date of these Regulations.
2) All applications for Operating Permits
				shall be submitted to the Agency at least 90 days prior to the date on which
				such permit is required; however, the Agency may waive such provision when
				appropriate.
3) The Agency may, if
				necessary to prevent an unmanageable workload, extend the date by which
				Operating Permits are required for a period not to exceed 180 days. The Agency
				shall notify the persons affected and the Board, in writing, of such extension
				at least ninety days in advance of the date set forth in Section
				202(b)(1).
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 807 - SOLID WASTE › Subpart B - SOLID WASTE PERMITS › Section 807.203 - Experimental Permits

Current through Register Vol. 48, No. 28, July 12, 2024
a) To best aid
				the improvement of solid waste management technology, the Agency may issue
				Experimental Permits for processes or techniques that do not satisfy the
				standards for issuance set forth in Section
				807.207,
				if the applicant can provide proof that the process or technique has a
				reasonable chance for success and that the environmental hazards are
				minimal.
b) A valid Experimental
				Permit shall constitute a prima facie defense to any action brought against the
				permit holder for a violation of the Act or Regulations, but only to the extent
				that such action is based upon the failure of the process or
				technique.
c) All Experimental
				Permits shall have a duration not to exceed two years.
d) Application for renewal of an experimental
				permit shall be submitted to the Agency at least 90 days prior to the
				expiration of the existing permit. To the extent the information to be supplied
				for renewal is identical with that contained in the prior permit application,
				the applicant shall so note on the renewal application, and the Agency shall
				not require the resubmittal of data and information so previously supplied to
				it.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 807 - SOLID WASTE › Subpart B - SOLID WASTE PERMITS › Section 807.204 - Former Authorization

Current through Register Vol. 48, No. 28, July 12, 2024
a) The
				issuance of any authorization to operate a solid waste management site prior to
				July 1, 1970 from any person does not excuse compliance with the requirements
				for obtaining an Operating Permit.
b) The issuance of an Operating Permit by the
				Agency on July 1, 1970 or thereafter, but prior to the effective date of these
				regulations, is a valid permit.