reglab/statecodes huggingface dataset:
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 734 - PETROLEUM UNDERGROUND STORAGE TANKS › Subpart C - SITE INVESTIGATION AND CORRECTIVE ACTION › Section 734.350 - Off-site Access

Current through Register Vol. 48, No. 28, July 12, 2024
a) An owner or
				operator seeking to comply with the best efforts requirements of Section
				734.345(b)
				of this Part must demonstrate compliance with the requirements of this
				Section.
b) In conducting best
				efforts to obtain off-site access, an owner or operator must, at a minimum,
				send a letter by certified mail to the owner of any off-site property to which
				access is required, stating:
1) Citation to
				Title XVI of the Act stating the legal responsibility of the owner or operator
				to remediate the contamination caused by the release;
2) That, if the property owner denies access
				to the owner or operator, the owner or operator may seek to gain entry by a
				court order pursuant to Section 22.2 c of the Act;
3) That, in performing the requested
				investigation, the owner or operator will work so as to minimize any disruption
				on the property, will maintain, or its consultant will maintain, appropriate
				insurance and will repair any damage caused by the investigation;
4) If contamination results from a release by
				the owner or operator, the owner or operator will conduct all associated
				remediation at its own expense;
5)
				That threats to human health and the environment and diminished property value
				may result from failure to remediate contamination from the release;
				and
6) A reasonable time to respond
				to the letter, not less than 30 days.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 734 - PETROLEUM UNDERGROUND STORAGE TANKS › Subpart C - SITE INVESTIGATION AND CORRECTIVE ACTION › Section 734.355 - Status Report

Current through Register Vol. 48, No. 28, July 12, 2024
a) If within 4
				years after the approval of any corrective action plan the applicable
				remediation objectives have not been achieved and the owner or operator has not
				submitted a corrective action completion report, the owner or operator shall
				submit a status report for Agency review. The status report shall include, but
				is not limited to, a description of the remediation activities taken to date,
				the effectiveness of the method of remediation being used, the likelihood of
				meeting the applicable remediation objectives using the current method of
				remediation, and the date the applicable remediation objectives are expected to
				be achieved [415
				ILCS 5/57.7(b)(6) ].
b) If the Agency determines any approved
				corrective action plan will not achieve applicable remediation objectives
				within a reasonable time, based upon the method of remediation and site
				specific circumstances, the Agency may require the owner or operator to submit
				to the Agency for approval a revised corrective action plan. If the owner or
				operator intends to seek payment from the Fund, the owner or operator shall
				also submit a revised budget [415
				ILCS 5/57.7(b)(7) ]. The revised
				corrective action plan and any associated budget must be submitted in
				accordance with Section
				734.335 of
				this Part.
c) Any action by the
				Agency to require a revised corrective action plan pursuant to subsection (b)
				of this Section must be subject to appeal to the Board within 35 days after the
				Agency's final action in the manner provided for the review of permit decisions
				in Section 40 of the Act.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 734 - PETROLEUM UNDERGROUND STORAGE TANKS › Subpart C - SITE INVESTIGATION AND CORRECTIVE ACTION › Section 734.360 - Application of Certain TACO Provisions

Current through Register Vol. 48, No. 28, July 12, 2024
For purposes of payment from the Fund, corrective action
				  activities required to meet the minimum requirements of this Part shall
				  include, but not be limited to, the following use of the Board's Tiered
				  Approach to Corrective Action Objectives rules adopted under Title XVII of the
				  Act [415
				  ILCS 5/57.7(c)(3)(A) ]:
a) For the site where the release occurred,
				the use of Tier 2 remediation objectives that are no more stringent than Tier 1
				remediation objectives. [415
				ILCS 5/57.7(c)(3)(A)(i) ]
b) The use of industrial/commercial property
				remediation objectives, unless the owner or operator demonstrates that the
				property being remediated is residential property or is being developed into
				residential property. [415
				ILCS 5/57.7(c)(3)(A)(ii) ]
c) If a groundwater ordinance already
				approved by the Agency for use as an institutional control in accordance with
				35 Ill. Adm. Code 742 can be used as an institutional control for the release
				being remediated, the groundwater ordinance must be used as an institutional
				control, provided that the Agency may approve remediation to the extent
				necessary to remediate or prevent groundwater contamination of off-site
				property that is not subject to a groundwater ordinance already approved by the
				Agency for use as an institutional control.
d) If the use of a groundwater ordinance as
				an institutional control is not required pursuant to subsection (c) of this
				Section, another institutional control must be used in accordance with 35 Ill.
				Adm. Code 742 to address groundwater contamination at the site where the
				release occurred, provided that the Agency may approve remediation to the
				extent necessary to remediate or prevent groundwater contamination at off-site
				property that is not subject to a groundwater ordinance or other institutional
				control that it used to address groundwater contamination. Institutional
				controls used to comply with this subsection (d) include, but are not limited
				to, the following:
1) Groundwater ordinances
				that are not required to be used as institutional controls pursuant to
				subsection (c) of this Section.
2)
				No Further Remediation Letters that prohibit the use and installation of
				potable water supply wells at the site.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 734 - PETROLEUM UNDERGROUND STORAGE TANKS › Subpart D - MISCELLANEOUS PROVISIONS › Section 734.400 - General

Current through Register Vol. 48, No. 28, July 12, 2024
This Subpart D applies to all activities conducted under this
				  Part and all plans, budgets, reports, and other documents submitted under this
				  Part.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 734 - PETROLEUM UNDERGROUND STORAGE TANKS › Subpart D - MISCELLANEOUS PROVISIONS › Section 734.410 - Remediation Objectives

Current through Register Vol. 48, No. 28, July 12, 2024
The owner or operator must propose remediation objectives for
				  applicable indicator contaminants in accordance with 35 Ill. Adm. Code 742.
				  Owners and operators seeking payment from the Fund that perform on-site
				  corrective action in accordance with Tier 2 remediation objectives of 35 Ill.
				  Adm. Code 742 must determine the following parameters on a site-specific
				  basis:
Hydraulic conductivity (K)
Soil bulk density ([RHO]b)
Soil particle density ([RHO]s)
Moisture content (w)
Organic carbon content (foc)
BOARD NOTE: Failure to use site-specific remediation
					 objectives on-site and to utilize available groundwater ordinances as
					 institutional controls may result in certain corrective action costs being
					 ineligible for payment from the Fund. See Section
					 734.630(aaa)
					  and (bbb) of this
					 Part.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 734 - PETROLEUM UNDERGROUND STORAGE TANKS › Subpart D - MISCELLANEOUS PROVISIONS › Section 734.415 - Data Quality

Current through Register Vol. 48, No. 28, July 12, 2024
a) The
				following activities must be conducted in accordance with "Test Methods for
				Evaluating Solid Wastes, Physical/Chemical Methods," EPA Publication No.
				SW-846, incorporated by reference at Section
				734.120
				of this Part, or other procedures as approved by the Agency:
1) All field sampling activities, including
				but not limited to activities relative to sample collection, documentation,
				preparation, labeling, storage and shipment, security, quality assurance and
				quality control, acceptance criteria, corrective action, and decontamination
				procedures;
2) All field
				measurement activities, including but not limited to activities relative to
				equipment and instrument operation, calibration and maintenance, corrective
				action, and data handling; and
3)
				All quantitative analysis of samples to determine concentrations of indicator
				contaminants, including but not limited to activities relative to facilities,
				equipment and instrumentation, operating procedures, sample management, test
				methods, equipment calibration and maintenance, quality assurance and quality
				control, corrective action, data reduction and validation, reporting, and
				records management. Analyses of samples that require more exacting detection
				limits than, or that cannot be analyzed by standard methods identified in,
				"Test Methods for Evaluating Solid Wastes, Physical/Chemical Methods," EPA
				Publication No. SW-846, must be conducted in accordance with analytical
				protocols developed in consultation with and approved by the Agency.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 734 - PETROLEUM UNDERGROUND STORAGE TANKS › Subpart D - MISCELLANEOUS PROVISIONS › Section 734.420 - Laboratory Certification

Current through Register Vol. 48, No. 28, July 12, 2024
All quantitative analyses of samples collected on or after
				  January 1, 2003, and utilizing any of the approved test methods identified in
				  35 Ill. Adm. Code
				  186.180
				  must be completed by an accredited laboratory in accordance with the
				  requirements of 35 Ill. Adm. Code 186. A certification from the accredited
				  laboratory stating that the samples were analyzed in accordance with the
				  requirements of this Section must be included with the sample results when they
				  are submitted to the Agency. Quantitative analyses not utilizing an accredited
				  laboratory in accordance with Part 186 must be deemed
				  invalid.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 734 - PETROLEUM UNDERGROUND STORAGE TANKS › Subpart D - MISCELLANEOUS PROVISIONS › Section 734.425 - Soil Borings

Current through Register Vol. 48, No. 28, July 12, 2024
a) Soil borings
				must be continuously sampled to ensure that no gaps appear in the sample
				column.
b) Any water bearing unit
				encountered must be protected as necessary to prevent cross-contamination
				during drilling.
c) Soil boring
				logs must be kept for all soil borings. The logs must be submitted in the
				corresponding site investigation plan, site investigation completion report, or
				corrective action completion report on forms prescribed and provided by the
				Agency and, if specified by the Agency in writing, in an electronic format. At
				a minimum, soil boring logs must contain the following information:
1) Sampling device, sample number, and amount
				of recovery;
2) Total depth of
				boring to the nearest 6 inches;
3)
				Detailed field observations describing materials encountered in boring,
				including but not limited to soil constituents, consistency, color, density,
				moisture, odors, and the nature and extent of sand or gravel lenses or seams
				equal to or greater than 1 inch in thickness;
4) Petroleum hydrocarbon vapor readings (as
				determined by continuous screening of borings with field instruments capable of
				detecting such vapors);
5)
				Locations of sample(s) used for physical or chemical analysis;
6) Groundwater levels while boring and at
				completion; and
7) Unified Soil
				Classification System (USCS) soil classification group symbols in accordance
				with ASTM Standard D 2487-93, "Standard Test Method for Classification of Soils
				for Engineering Purposes," incorporated by reference in Section
				734.120
				of this Part, or other Agency approved method.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 734 - PETROLEUM UNDERGROUND STORAGE TANKS › Subpart D - MISCELLANEOUS PROVISIONS › Section 734.430 - Monitoring Well Construction and Sampling

Current through Register Vol. 48, No. 28, July 12, 2024
a) At a minimum, all monitoring well
				construction must satisfy the following requirements:
1) Wells must be constructed in a manner that
				will enable the collection of representative groundwater samples;
2) Wells must be cased in a manner that
				maintains the integrity of the borehole. Casing material must be inert so as
				not to affect the water sample. Casing requiring solvent-cement type couplings
				must not be used;
3) Wells must be
				screened to allow sampling only at the desired interval. Annular space between
				the borehole wall and well screen section must be packed with clean,
				well-rounded and uniform material sized to avoid clogging by the material in
				the zone being monitored. The slot size of the screen must be designed to
				minimize clogging. Screens must be fabricated from material that is inert with
				respect to the constituents of the groundwater to be sampled;
4) Annular space above the well screen
				section must be sealed with a relatively impermeable, expandable material such
				as cement/bentonite grout that does not react with or in any way affect the
				sample, in order to prevent contamination of groundwater samples and
				groundwater and avoid interconnections. The seal must extend to the highest
				known seasonal groundwater level;
5) The annular space must be backfilled with
				expanding cement grout from an elevation below the frost line and mounded above
				the surface and sloped away from the casing so as to divert surface water
				away;
6) Wells must be covered with
				vented caps and equipped with devices to protect against tampering and damage.
				Locations of wells must be clearly marked and protected against damage from
				vehicular traffic or other activities associated with expected site use;
				and
7) Wells must be developed to
				allow free entry of groundwater, minimize turbidity of the sample, and minimize
				clogging.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 734 - PETROLEUM UNDERGROUND STORAGE TANKS › Subpart D - MISCELLANEOUS PROVISIONS › Section 734.435 - Sealing of Soil Borings and Groundwater Monitoring Wells

Current through Register Vol. 48, No. 28, July 12, 2024
Boreholes and monitoring wells must be abandoned pursuant to
				  regulations promulgated by the Illinois Department of Public Health at 77 Ill.
				  Adm. Code 920.120.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 734 - PETROLEUM UNDERGROUND STORAGE TANKS › Subpart D - MISCELLANEOUS PROVISIONS › Section 734.440 - Site Map Requirements

Current through Register Vol. 48, No. 28, July 12, 2024
At a minimum, all site maps submitted to the Agency must meet
				  the following requirements:
a) The
				maps must be of sufficient detail and accuracy to show required
				information;
b) The maps must
				contain the map scale, an arrow indicating north orientation, and the date the
				map was created; and
c) The maps
				must show the following:
1) The property
				boundary lines of the site, properties adjacent to the site, and other
				properties that are, or may be, adversely affected by the release;
2) The uses of the site, properties adjacent
				to the site, and other properties that are, or may be, adversely affected by
				the release;
3) The locations of
				all current and former USTs at the site, and the contents of each UST;
				and
4) All structures, other
				improvements, and other features at the site, properties adjacent to the site,
				and other properties that are, or may be, adversely affected by the release,
				including but not limited to buildings, pump islands, canopies, roadways and
				other paved areas, utilities, easements, rights-of-way, and actual or potential
				natural or man-made pathways.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 734 - PETROLEUM UNDERGROUND STORAGE TANKS › Subpart D - MISCELLANEOUS PROVISIONS › Section 734.445 - Water Supply Well Survey

Current through Register Vol. 48, No. 28, July 12, 2024
a) At a
				minimum, the owner or operator must conduct a water supply well survey to
				identify all potable water supply wells located at the site or within 200 feet
				of the site, all community water supply wells located at the site or within
				2,500 feet of the site, and all regulated recharge areas and wellhead
				protection areas in which the site is located. Actions taken to identify the
				wells must include, but not be limited to, the following:
1) Contacting the Agency's Division of Public
				Water Supplies to identify community water supply wells, regulated recharge
				areas, and wellhead protection areas;
2) Using current information from the
				Illinois State Geological Survey, the Illinois State Water Survey, and the
				Illinois Department of Public Health (or the county or local health department
				delegated by the Illinois Department of Public Health to permit potable water
				supply wells) to identify potable water supply wells other than community water
				supply wells; and
3) Contacting the
				local public water supply entities to identify properties that receive potable
				water from a public water supply.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 734 - PETROLEUM UNDERGROUND STORAGE TANKS › Subpart E - REVIEW OF PLANS, BUDGETS, AND REPORTS › Section 734.500 - General

Current through Register Vol. 48, No. 28, July 12, 2024
The Agency has the authority to review any plan, budget, or
				  report, including any amended plan, budget, or report, submitted pursuant to
				  this Part. All such reviews are subject to the procedures set forth in the Act
				  and this Subpart E.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 734 - PETROLEUM UNDERGROUND STORAGE TANKS › Subpart E - REVIEW OF PLANS, BUDGETS, AND REPORTS › Section 734.505 - Review of Plans, Budgets, or Reports

Current through Register Vol. 48, No. 28, July 12, 2024
a) The Agency may review any or all technical
				or financial information, or both, relied upon by the owner or operator or the
				Licensed Professional Engineer or Licensed Professional Geologist in developing
				any plan, budget, or report selected for review. The Agency may also review any
				other plans, budgets, or reports submitted in conjunction with the
				site.
b) The Agency has the
				authority to approve, reject, or require modification of any plan, budget, or
				report it reviews. The Agency must notify the owner or operator in writing of
				its final action on any such plan, budget, or report, except in the case of 20
				day, 45 day, or free product removal reports, in which case no notification is
				necessary. Except as provided in subsections (c) and (d) of this Section, if
				the Agency fails to notify the owner or operator of its final action on a plan,
				budget, or report within 120 days after the receipt of a plan, budget, or
				report, the owner or operator may deem the plan, budget, or report rejected by
				operation of law. If the Agency rejects a plan, budget, or report or requires
				modifications, the written notification must contain the following information,
				as applicable:
1) An explanation of the
				specific type of information, if any, that the Agency needs to complete its
				review;
2) An explanation of the
				Sections of the Act or regulations that may be violated if the plan, budget, or
				report is approved; and
3) A
				statement of specific reasons why the cited Sections of the Act or regulations
				may be violated if the plan, budget, or report is approved.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 734 - PETROLEUM UNDERGROUND STORAGE TANKS › Subpart E - REVIEW OF PLANS, BUDGETS, AND REPORTS › Section 734.510 - Standards for Review of Plans, Budgets, or Reports

Current through Register Vol. 48, No. 28, July 12, 2024
a) A technical review must consist of a
				detailed review of the steps proposed or completed to accomplish the goals of
				the plan and to achieve compliance with the Act and regulations. Items to be
				reviewed, if applicable, must include, but not be limited to, number and
				placement of wells and borings, number and types of samples and analysis,
				results of sample analysis, and protocols to be followed in making
				determinations. The overall goal of the technical review for plans must be to
				determine if the plan is sufficient to satisfy the requirements of the Act and
				regulations and has been prepared in accordance with generally accepted
				engineering practices or principles of professional geology. The overall goal
				of the technical review for reports must be to determine if the plan has been
				fully implemented in accordance with generally accepted engineering practices
				or principles of professional geology, if the conclusions are consistent with
				the information obtained while implementing the plan, and if the requirements
				of the Act and regulations have been satisfied.
b) A financial review must consist of a
				detailed review of the costs associated with each element necessary to
				accomplish the goals of the plan as required pursuant to the Act and
				regulations. Items to be reviewed must include, but are not limited to, costs
				associated with any materials, activities, or services that are included in the
				budget. The overall goal of the financial review must be to assure that costs
				associated with materials, activities, and services must be reasonable, must be
				consistent with the associated technical plan, must be incurred in the
				performance of corrective action activities, must not be used for corrective
				action activities in excess of those necessary to meet the minimum requirements
				of the Act and regulations, and must not exceed the maximum payment amounts set
				forth in Subpart H of this Part.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 734 - PETROLEUM UNDERGROUND STORAGE TANKS › Subpart F - PAYMENT FROM THE FUND › Section 734.600 - General

Current through Register Vol. 48, No. 28, July 12, 2024
The Agency has the authority to review any application for
				  payment or reimbursement and to authorize payment or reimbursement from the
				  Fund or such other funds as the legislature directs for corrective action
				  activities conducted pursuant to the Act and this Part. For purposes of this
				  Part and unless otherwise provided, the use of the word "payment" must include
				  reimbursement. The submittal and review of applications for payment and the
				  authorization for payment must be in accordance with the procedures set forth
				  in the Act and this Subpart F.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 734 - PETROLEUM UNDERGROUND STORAGE TANKS › Subpart F - PAYMENT FROM THE FUND › Section 734.605 - Applications for Payment

Current through Register Vol. 48, No. 28, July 12, 2024
a) An
				owner or operator seeking payment from the Fund must submit to the Agency an
				application for payment on forms prescribed and provided by the Agency and, if
				specified by the Agency by written notice, in an electronic format. The owner
				or operator may submit an application for partial payment or final payment.
				Costs for which payment is sought must be approved in a budget, provided,
				however, that no budget must be required for early action activities conducted
				pursuant to Subpart B of this Part other than free product removal activities
				conducted more than 45 days after confirmation of the presence of free
				product.
b) A complete application
				for payment must consist of the following elements:
1) A certification from a Licensed
				Professional Engineer or a Licensed Professional Geologist acknowledged by the
				owner or operator that the work performed has been in accordance with a
				technical plan approved by the Agency or, for early action activities, in
				accordance with Subpart B of this Part;
2) A statement of the amounts approved in the
				corresponding budget and the amounts actually sought for payment along with a
				certified statement by the owner or operator that the amounts so sought have
				been expended in conformance with the elements of a budget approved by the
				Agency;
3) A copy of the OSFM or
				Agency eligibility and deductibility determination;
4) Proof that approval of the payment
				requested will not exceed the limitations set forth in the Act and Section
				734.620
				of this Part;
5) A federal taxpayer
				identification number and legal status disclosure certification;
6) Private insurance coverage
				form(s);
7) A minority/women's
				business form;
8) Designation of
				the address to which payment and notice of final action on the application for
				payment are to be sent;
9) An
				accounting of all costs, including but not limited to, invoices, receipts, and
				supporting documentation showing the dates and descriptions of the work
				performed; and
10) Proof of payment
				of subcontractor costs for which handling charges are requested. Proof of
				payment may include cancelled checks, lien waivers, or affidavits from the
				subcontractor.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 734 - PETROLEUM UNDERGROUND STORAGE TANKS › Subpart F - PAYMENT FROM THE FUND › Section 734.610 - Review of Applications for Payment

Current through Register Vol. 48, No. 28, July 12, 2024
a) At a minimum, the Agency must review each
				application for payment submitted pursuant to this Part to determine the
				following:
1) Whether the application contains
				all of the elements and supporting documentation required by Section
				734.605(b)
				of this Part;
2) For costs incurred
				pursuant to Subpart B of this Part, other than free product removal activities
				conducted more than 45 days after confirmation of the presence of free product,
				whether the amounts sought are reasonable, and whether there is sufficient
				documentation to demonstrate that the work was completed in accordance with the
				requirements of this Part;
3) For
				costs incurred pursuant to Subpart C of this Part and free product removal
				activities conducted more than 45 days after confirmation of the presence of
				free product, whether the amounts sought exceed the amounts approved in the
				corresponding budget, and whether there is sufficient documentation to
				demonstrate that the work was completed in accordance with the requirements of
				this Part and a plan approved by the Agency; and
4) Whether the amounts sought are eligible
				for payment.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 734 - PETROLEUM UNDERGROUND STORAGE TANKS › Subpart F - PAYMENT FROM THE FUND › Section 734.615 - Authorization for Payment; Priority List

Current through Register Vol. 48, No. 28, July 12, 2024
a) Within 60 days after notification to an
				owner or operator that the application for payment or a portion thereof has
				been approved by the Agency or by operation of law, the Agency must forward to
				the Office of the State Comptroller in accordance with subsection (d) or (e) of
				this Section a voucher in the amount approved. If the owner or operator has
				filed an appeal with the Board of the Agency's final decision on an application
				for payment, the Agency must have 60 days after the final resolution of the
				appeal to forward to the Office of the State Comptroller a voucher in the
				amount ordered as a result of the appeal. Notwithstanding the time limits
				imposed by this Section, the Agency must not forward vouchers to the Office of
				the State Comptroller until sufficient funds are available to issue
				payment.
b) The following rules
				must apply regarding deductibles:
1) Any
				deductible, as determined by the OSFM or the Agency, must be subtracted from
				any amount approved for payment by the Agency or by operation of law, or
				ordered by the Board or courts;
2)
				Only one deductible must apply per occurrence;
3) If multiple incident numbers are issued
				for a single site in the same calendar year, only one deductible must apply for
				those incidents, even if the incidents relate to more than one occurrence;
				and
4) Where more than one
				deductible determination is made, the higher deductible must apply.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 734 - PETROLEUM UNDERGROUND STORAGE TANKS › Subpart F - PAYMENT FROM THE FUND › Section 734.620 - Limitations on Total Payments

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Limitations per occurrence:
1) The Agency
				shall not approve any payment from the Fund to pay an owner or operator for
				costs of corrective action incurred by such owner or operator in an amount in
				excess of $1,500,000 per occurrence [415
				ILCS 5/57.8(g)(1) ]; and
2) The Agency shall not approve any payment
				from the Fund to pay an owner or operator for costs of indemnification of such
				owner or operator in an amount in excess of $1,500,000 per occurrence
				[415
				ILCS 5/57.8(g)(2) ].
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 734 - PETROLEUM UNDERGROUND STORAGE TANKS › Subpart F - PAYMENT FROM THE FUND › Section 734.635 - Payment for Handling Charges

Current through Register Vol. 48, No. 28, July 12, 2024
Handling charges are eligible for payment only if they are
				  equal to or less than the amount determined by the following table:
Subcontract or Field
Eligible Handling Charges
Purchase Cost:
as a Percentage of Cost:
$0 -
							 $5,000.........................................................12%
$5,001 -
							 $15,000................................................$600 + 10% of amt. over
							 $5,000
$15,001 -
							 $50,000..............................................$1,600 + 8% of amt. over
							 $15,000
$50,001 -
							 $100,000............................................$4,400 + 5% of amt. over
							 $50,000
$100,001 -
							 $1,000,000.......................................$6,900 + 2% of amt. over
							 $100,000
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 734 - PETROLEUM UNDERGROUND STORAGE TANKS › Subpart F - PAYMENT FROM THE FUND › Section 734.640 - Apportionment of Costs

Current through Register Vol. 48, No. 28, July 12, 2024
a) The
				Agency may apportion payment of costs if:
1)
				The owner or operator was deemed eligible to access the Fund for payment of
				corrective action costs for some, but not all, of the underground storage tanks
				at the site; and
2) The owner or
				operator failed to justify all costs attributable to each underground storage
				tank at the site. [415
				ILCS 5/57.8(m) ]
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 734 - PETROLEUM UNDERGROUND STORAGE TANKS › Subpart F - PAYMENT FROM THE FUND › Section 734.645 - Subrogation of Rights

Current through Register Vol. 48, No. 28, July 12, 2024
Payment of any amount from the fund for corrective action or
				  indemnification shall be subject to the State acquiring by subrogation the
				  rights of any owner, operator, or other person to recover the costs of
				  corrective action or indemnification for which the fund has compensated such
				  owner, operator, or person from the person responsible or liable for the
				  release [415
				  ILCS 5/57.8(h) ].
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 734 - PETROLEUM UNDERGROUND STORAGE TANKS › Subpart F - PAYMENT FROM THE FUND › Section 734.650 - Indemnification

Current through Register Vol. 48, No. 28, July 12, 2024
a) An owner or
				operator seeking indemnification from the Fund for payment of costs incurred as
				a result of a release of petroleum from an underground storage tank must submit
				to the Agency a request for payment on forms prescribed and provided by the
				Agency and, if specified by the Agency by written notice, in an electronic
				format.
1) A complete application for payment
				must contain the following:
A) A certified
				statement by the owner or operator of the amount sought for payment;
B) Proof of the legally enforceable judgment,
				final order, or determination against the owner or operator, or the legally
				enforceable settlement entered into by the owner or operator, for which
				indemnification is sought. The proof must include, but not be limited to, the
				following:
i) A copy of the judgment
				certified by the court clerk as a true and correct copy, a copy of the final
				order or determination certified by the issuing agency of State government or
				subdivision thereof as a true and correct copy, or a copy of the settlement
				certified by the owner or operator as a true and correct copy; and
ii) Documentation demonstrating that the
				judgment, final order, determination, or settlement arises out of bodily injury
				or property damage suffered as a result of a release of petroleum from the UST
				for which the release was reported, and that the UST is owned or operated by
				the owner or operator;
C) A copy of the OSFM or Agency eligibility
				and deductibility determination;
D)
				Proof that approval of the indemnification requested will not exceed the
				limitations set forth in the Act and Section
				734.620
				of this Part;
E) A federal taxpayer
				identification number and legal status disclosure certification;
F) A private insurance coverage form;
				and
G) Designation of the address
				to which payment and notice of final action on the request for indemnification
				are to be sent to the owner or operator.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 734 - PETROLEUM UNDERGROUND STORAGE TANKS › Subpart F - PAYMENT FROM THE FUND › Section 734.655 - Costs Covered by Insurance, Agreement, or Court Order

Current through Register Vol. 48, No. 28, July 12, 2024
Costs of corrective action or indemnification incurred by an
				  owner or operator which have been paid to an owner or operator under a policy
				  of insurance, another written agreement, or a court order are not eligible for
				  payment from the Fund. An owner or operator who receives payment under a policy
				  of insurance, another written agreement, or a court order shall reimburse the
				  State to the extent such payment covers costs for which payment was received
				  from the Fund [415
				  ILCS 5/57.8(e) ].
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 734 - PETROLEUM UNDERGROUND STORAGE TANKS › Subpart F - PAYMENT FROM THE FUND › Section 734.660 - Determination and Collection of Excess Payments

Current through Register Vol. 48, No. 28, July 12, 2024
a) If, for any reason, the Agency determines
				that an excess payment has been paid from the Fund, the Agency may take steps
				to collect the excess amount pursuant to subsection (c) of this Section.
1) Upon identifying an excess payment, the
				Agency must notify the owner or operator receiving the excess payment by
				certified or registered mail, return receipt requested.
2) The notification letter must state the
				amount of the excess payment and the basis for the Agency's determination that
				the payment is in error.
3) The
				Agency's determination of an excess payment must be subject to appeal to the
				Board in the manner provided for the review of permit decisions in Section 40
				of the Act.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 734 - PETROLEUM UNDERGROUND STORAGE TANKS › Subpart F - PAYMENT FROM THE FUND › Section 734.665 - Audits and Access to Records; Records Retention

Current through Register Vol. 48, No. 28, July 12, 2024
a) Owners or operators that submit a report,
				plan, budget, application for payment, or any other data or document under this
				Part must maintain all books, records, documents, and other evidence directly
				pertinent to the report, plan, budget, application for payment, data, or
				document, including but not limited to all financial information and data used
				in the preparation or support of applications for payment. All books, records,
				documents, and other evidence must be maintained in accordance with accepted
				business practices and appropriate accounting procedures and
				practices.
b) The Agency or any of
				its duly authorized representatives must have access to the books, records,
				documents, and other evidence set forth in subsection (a) of this Section
				during normal business hours for the purpose of inspection, audit, and copying.
				Owners or operators must provide proper facilities for such access and
				inspection.
c) Owners or operators
				must maintain the books, records, documents, and other evidence set forth in
				subsection (a) of this Section and make them available to the Agency or its
				authorized representative until the latest of the following:
1) The expiration of 4 years after the date
				the Agency issues a No Further Remediation Letter pursuant to Subpart G of this
				Part;
2) For books, records,
				documents, or other evidence relating to an appeal, litigation, or other
				dispute or claim, the expiration of 3 years after the date of the final
				disposition of the appeal, litigation, or other dispute or claim; or
3) The expiration of any other applicable
				record retention period.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 734 - PETROLEUM UNDERGROUND STORAGE TANKS › Subpart G - NO FURTHER REMEDIATION LETTERS AND RECORDING REQUIREMENTS › Section 734.700 - General

Current through Register Vol. 48, No. 28, July 12, 2024
Subpart G provides the procedures for the issuance of No
				  Further Remediation Letters under Title XVI and this Part. Subpart G also sets
				  forth the recording requirements and the circumstances under which the letter
				  may be voidable.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 734 - PETROLEUM UNDERGROUND STORAGE TANKS › Subpart G - NO FURTHER REMEDIATION LETTERS AND RECORDING REQUIREMENTS › Section 734.705 - Issuance of a No Further Remediation Letter

Current through Register Vol. 48, No. 28, July 12, 2024
a) Upon approval by the Agency of a report
				submitted pursuant to Section
				734.210(h)(3)
				 of this Part or a corrective action
				completion report, the Agency must issue to the owner or operator a No Further
				Remediation Letter. The No Further Remediation Letter must have the legal
				effect prescribed in Section 57.10 of the Act. The No Further Remediation
				Letter must be denied if the Agency rejects or requires modification of the
				applicable report.
b) The Agency
				must have 120 days after the date of receipt of the applicable report to issue
				a No Further Remediation Letter and may include the No Further Remediation
				Letter as part of the notification of approval of the report in accordance with
				Subpart E of this Part. If the Agency fails to send the No Further Remediation
				Letter within 120 days, it must be deemed denied by operation of law.
c) The notice of denial of a No Further
				Remediation Letter by the Agency may be included with the notification of
				rejection or modification of the applicable report. The reasons for the denial
				of the letter must be stated in the notification. The denial must be considered
				a final determination appealable to the Board within 35 days after the Agency's
				final action in the manner provided for the review of permit decisions in
				Section 40 of the Act. If any request for a No Further Remediation Letter is
				denied by operation of law in lieu of an immediate repeal to the Board, the
				owner or operator may either resubmit the request and applicable report to the
				Agency or file a joint request for a 90 day extension in the manner provided
				for extensions of permit decision in Section 40 of the Act.
d) The Agency must mail the No Further
				Remediation Letter by registered or certified mail, post marked with a date
				stamp and with return receipt requested. Final action must be deemed to have
				taken place on the post marked date that the letter is mailed.
e) The Agency at any time may correct errors
				in No Further Remediation Letters that arise from oversight, omission, or
				clerical mistake. Upon correction of the No Further Remediation Letter, the
				Agency must mail the corrected letter to the owner or operator as set forth in
				subsection (d) of this Section. The corrected letter must be perfected by
				recording in accordance with the requirements of Section
				734.715
				of this Part.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 734 - PETROLEUM UNDERGROUND STORAGE TANKS › Subpart G - NO FURTHER REMEDIATION LETTERS AND RECORDING REQUIREMENTS › Section 734.710 - Contents of a No Further Remediation Letter

Current through Register Vol. 48, No. 28, July 12, 2024
A No Further Remediation Letter issued pursuant to this Part
				  must include all of the following:
a)
				An acknowledgment that the requirements of the applicable report were
				satisfied;
b) A description of the
				location of the affected property by adequate legal description or by reference
				to a plat showing its boundaries, or, for the purposes of Section
				734.715(d)
				of this Part, other means sufficient to identify the site location with
				particularity;
c) A statement that
				the remediation objectives were determined in accordance with 35 Ill. Adm. Code
				742, and the identification of any land use limitation, as applicable, required
				by 35 Ill. Adm. Code 742 as a condition of the remediation
				objectives;
d) A statement that the
				Agency's issuance of the No Further Remediation Letter signifies that, except
				for off-site contamination related to the occurrence that has not been
				remediated due to denial of access to the off-site property:
1) All statutory and regulatory corrective
				action requirements applicable to the occurrence have been complied
				with;
2) All corrective action
				concerning the remediation ofthe occurrence has been completed; and
3) No further corrective action concerning
				the occurrence is necessary for the protection of human health, safety and the
				environment [415
				ILCS 5/57.10(c) ];
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 734 - PETROLEUM UNDERGROUND STORAGE TANKS › Subpart G - NO FURTHER REMEDIATION LETTERS AND RECORDING REQUIREMENTS › Section 734.720 - Voidance of a No Further Remediation Letter

Current through Register Vol. 48, No. 28, July 12, 2024
a) The No Further Remediation Letter must be
				voidable if site activities are not carried out in full compliance with the
				provisions of this Part, and 35 Ill. Adm. Code 742 where applicable, or the
				remediation objectives upon which the issuance of the No Further Remediation
				Letter was based. Specific acts or omissions that may result in voidance of the
				No Further Remediation Letter include, but not be limited to:
1) Any violations of institutional controls
				or land use restrictions, if applicable;
2) The failure of the owner or operator or
				any subsequent transferee to operate and maintain preventive, engineering, and
				institutional controls;
3)
				Obtaining the No Further Remediation Letter by fraud or
				misrepresentation;
4) Subsequent
				discovery of indicator contaminants related to the occurrence upon which the No
				Further Remediation Letter was based that:
A)
				were not identified as part of the investigative or remedial activities upon
				which the issuance of the No Further Remediation Letter was based;
B) results in the failure to meet the
				remediation objectives established for the site; and
C) pose a threat to human health or the
				environment;
5) Upon the
				lapse of the 45 day period for recording the No Further Remediation Letter, the
				failure to record and thereby perfect the No Further Remediation Letter in a
				timely manner;
6) The disturbance
				or removal of contamination left in place under an approved plan;
7) The failure to comply with the
				requirements of Section
				734.715(c)
				of this Part and the Memorandum of Agreement entered in accordance with Section
				734.715(c)
				of this Part for a site that is located in a highway authority
				right-of-way;
8) The failure to
				comply with the requirements of Section
				734.715(d)
				of this Part and the LUC MOA entered in accordance with Section
				734.715(d)
				of this Part for a site located on Federally Owned Property for which the
				Federal Landholding Entity does not have the authority under federal law to
				record institutional controls on the chain of title;
9) The failure to comply with the
				requirements of Section
				734.715(d)
				of this Part or the failure to record a No Further Remediation Letter perfected
				in accordance with Section
				734.715(d)
				of this Part within 45 days following the transfer of the Federally Owned
				Property subject to the No Further Remediation Letter to any entity that will
				not remain or become a Federal Landholding Entity; or
10) The failure to comply with the notice or
				confirmation requirements of 35 Ill. Adm. Code
				742.1015(b)(5) and
				(c).
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 734 - PETROLEUM UNDERGROUND STORAGE TANKS › Subpart H - MAXIMUM PAYMENT AMOUNTS › Section 734.800 - Applicability

Current through Register Vol. 48, No. 28, July 12, 2024
a) Methods for
				Determining Maximum Amounts. This Subpart H provides three methods for
				determining the maximum amounts that can be paid from the Fund for eligible
				corrective action costs. All costs associated with conducting corrective action
				are grouped into the tasks set forth in Sections
				734.810
				through
				734.850
				of this Part.
1) The first method for
				determining the maximum amount that can be paid for each task is to use the
				maximum amounts for each task set forth in those Sections, and Section
				734.870.
				In some cases the maximum amounts are specific dollar amounts, and in other
				cases the maximum amounts are determined on a site-specific basis.
2) As an alternative to using the amounts set
				forth in Sections
				734.810
				through
				734.850
				of this Part, the second method for determining the maximum amounts that can be
				paid for one or more tasks is bidding in accordance with Section
				734.855 of
				this Part. As stated in that Section, when bidding is used, if the lowest bid
				for a particular task is less than the amount set forth in Sections
				734.810
				through 734.850, the amount in Sections
				734.810
				through
				734.850
				of this Part may be used instead of the lowest bid.
3) The third method for determining maximum
				amounts that can be paid from the Fund applies to unusual or extraordinary
				circumstances. The maximum amounts for such circumstances can be determined in
				accordance with Section
				734.860
				of this Part.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 734 - PETROLEUM UNDERGROUND STORAGE TANKS › Subpart H - MAXIMUM PAYMENT AMOUNTS › Section 734.810 - UST Removal or Abandonment Costs

Current through Register Vol. 48, No. 28, July 12, 2024
Payment for costs associated with removal of each UST must
				  not exceed the amounts set forth in this Section. Such costs must include, but
				  not be limited to, those associated with the excavation, removal, and disposal
				  of UST systems.
UST Volume
Maximum Total Amount per UST
110 - 999 gallons
$2,100
1,000 - 14,999 gallons
$3,150
15,000 or more gallons
$4,100