reglab/statecodes huggingface dataset:
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 733 - STANDARDS FOR UNIVERSAL WASTE MANAGEMENT › Subpart C - STANDARDS FOR LARGE QUANTITY HANDLERS › Section 733.137 - Response to Releases

Current through Register Vol. 48, No. 28, July 12, 2024
a) A large
				quantity handler of universal waste must immediately contain all releases of
				universal waste and other residues from universal waste.
b) A large quantity handler of universal
				waste must determine whether any material resulting from the release is
				hazardous waste, and if so, must manage the hazardous waste in compliance with
				all applicable requirements of 35 Ill. Adm. Code 702 through 705 and 720
				through 728. The handler is considered the generator of the material resulting
				from the release, and is subject to 35 Ill. Adm. Code 722.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 733 - STANDARDS FOR UNIVERSAL WASTE MANAGEMENT › Subpart C - STANDARDS FOR LARGE QUANTITY HANDLERS › Section 733.138 - Off-Site Shipments

Current through Register Vol. 48, No. 28, July 12, 2024
a) A large
				quantity handler of universal waste is prohibited from sending or taking
				universal waste to a place other than another universal waste handler, a
				destination facility, or a foreign destination.
b) If a large quantity handler of universal
				waste self-transports universal waste off-site, the handler becomes a universal
				waste transporter for those self-transportation activities and must comply with
				the transporter requirements of Subpart D while transporting the universal
				waste.
c) If a universal waste
				being offered for off-site transportation meets the definition of hazardous
				material under USDOT regulation
				49 CFR
				171.8 (Definitions and Abbreviations),
				incorporated by reference in 35 Ill. Adm. Code
				720.111(b),
				a large quantity handler of universal waste must package, label, mark and
				placard the shipment, and prepare the proper shipping papers in accordance with
				the applicable USDOT regulations under 49 CFR 171 (General Information,
				Regulations, and Definitions), 172 (Hazardous Materials Table, Special
				Provisions, Hazardous Materials Communications, Emergency Response Information,
				and Training Requirements), 173 (Shippers - General Requirements for Shipments
				and Packages), 174 (Carriage by Rail), 175 (Carriage by Aircraft), 176
				(Carriage by Vessel), 177 (Carriage by Public Highway), 178 (Specifications for
				Packagings), 179 (Specifications for Tank Cars), and 180 (Continuing
				Qualification and Maintenance of Packagings), incorporated by reference in 35
				Ill. Adm. Code
				720.111(b).
d) Prior to sending a shipment of universal
				waste to another universal waste handler, the originating handler must ensure
				that the receiving handler agrees to receive the shipment.
e) If a large quantity handler of universal
				waste sends a shipment of universal waste to another handler or to a
				destination facility and the shipment is rejected by the receiving handler or
				destination facility, the originating handler must do either of the following:
1) Receive the waste back when notified that
				the shipment has been rejected; or
2) Agree with the receiving handler on a
				destination facility to which the shipment will be sent.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 733 - STANDARDS FOR UNIVERSAL WASTE MANAGEMENT › Subpart C - STANDARDS FOR LARGE QUANTITY HANDLERS › Section 733.139 - Tracking Universal Waste Shipments

Current through Register Vol. 48, No. 28, July 12, 2024
a) Receipt of Shipments. A large quantity
				handler of universal waste must keep a record of each shipment of universal
				waste received at the facility. The record may take the form of a log, invoice,
				manifest, bill of lading, movement document, or other shipping document. The
				record for each shipment of universal waste received must include the following
				information:
1) The name and address of the
				originating universal waste handler or foreign shipper from which the universal
				waste was sent;
2) The quantity of
				each type of universal waste received (e.g., batteries, pesticides,
				thermostats, mercury-containing lamps);
3) The date of receipt of the shipment of
				universal waste.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 733 - STANDARDS FOR UNIVERSAL WASTE MANAGEMENT › Subpart C - STANDARDS FOR LARGE QUANTITY HANDLERS › Section 733.140 - Exports

Current through Register Vol. 48, No. 28, July 12, 2024
A large quantity handler of universal waste that sends
				  universal waste to a foreign destination is subject to the requirements of
				  Subpart H of 35 Ill. Adm. Code 722.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 733 - STANDARDS FOR UNIVERSAL WASTE MANAGEMENT › Subpart D - STANDARDS FOR UNIVERSAL WASTE TRANSPORTERS › Section 733.150 - Applicability

Current through Register Vol. 48, No. 28, July 12, 2024
This Subpart D applies to universal waste transporters (as
				  defined in Section
				  733.109
				  ).
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 733 - STANDARDS FOR UNIVERSAL WASTE MANAGEMENT › Subpart D - STANDARDS FOR UNIVERSAL WASTE TRANSPORTERS › Section 733.151 - Prohibitions

Current through Register Vol. 48, No. 28, July 12, 2024
a) A universal
				waste transporter is prohibited from the following:
1) Disposing of universal waste;
				and
2) Diluting or treating
				universal waste, except by responding to releases as provided in Section
				733.154 or
				as provided in subsection (b).
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 733 - STANDARDS FOR UNIVERSAL WASTE MANAGEMENT › Subpart D - STANDARDS FOR UNIVERSAL WASTE TRANSPORTERS › Section 733.152 - Waste Management

Current through Register Vol. 48, No. 28, July 12, 2024
a) A
				universal waste transporter must comply with all applicable USDOT regulations
				in 49 CFR 171 (General Information, Regulations, and Definitions), 172
				(Hazardous Materials Table, Special Provisions, Hazardous Materials
				Communications, Emergency Response Information, and Training Requirements), 173
				(Shippers - General Requirements for Shipments and Packages), 174 (Carriage by
				Rail), 175 (Carriage by Aircraft), 176 (Carriage by Vessel), 177 (Carriage by
				Public Highway), 178 (Specifications for Packagings), 179 (Specifications for
				Tank Cars), and 180 (Continuing Qualification and Maintenance of Packagings),
				incorporated by reference in 35 Ill. Adm. Code
				720.111(b)
				for transport of any universal waste that meets the definition of hazardous
				material in
				49 CFR
				171.8 (Definitions and Abbreviations),
				incorporated by reference in Section
				720.111(b).
				For purposes of the USDOT regulations, a material is considered a hazardous
				waste if it is subject to the Hazardous Waste Manifest Requirements of 35 Ill.
				Adm. Code 722. Because universal waste does not require a hazardous waste
				manifest, it is not considered hazardous waste under the USDOT
				regulations.
b) Some universal
				waste materials are regulated by the USDOT as hazardous materials because they
				meet the criteria for one or more hazard classes specified in
				49
				CFR 173.2 (Hazardous Materials Classes and
				Index to Hazard Class Definitions), incorporated by reference in Section
				720.111(b).
				As universal waste shipments do not require a manifest under 35 Ill. Adm. Code
				722, they may not be described by the USDOT proper shipping name "hazardous
				waste, (l) or (s), n.o.s.," nor may the hazardous material's proper shipping
				name be modified by adding the word "waste".
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 733 - STANDARDS FOR UNIVERSAL WASTE MANAGEMENT › Subpart D - STANDARDS FOR UNIVERSAL WASTE TRANSPORTERS › Section 733.153 - Accumulation Time Limits

Current through Register Vol. 48, No. 28, July 12, 2024
a) A
				universal waste transporter may only store the universal waste at a universal
				waste transfer facility for ten days or less.
b) If a universal waste transporter stores
				universal waste for more than ten days, the transporter becomes a universal
				waste handler and must comply with the applicable requirements of Subpart B or
				C while storing the universal waste.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 733 - STANDARDS FOR UNIVERSAL WASTE MANAGEMENT › Subpart D - STANDARDS FOR UNIVERSAL WASTE TRANSPORTERS › Section 733.154 - Response to Releases

Current through Register Vol. 48, No. 28, July 12, 2024
a) A
				universal waste transporter must immediately contain all releases of universal
				waste and other residues from universal wastes.
b) A universal waste transporter must
				determine whether any material resulting from the release is hazardous waste,
				and if so, it is subject to all applicable requirements of 35 Ill. Adm. Code
				702 through 705 and 720 through 728. If the waste is determined to be a
				hazardous waste, the transporter is subject to 35 Ill. Adm. Code 722.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 733 - STANDARDS FOR UNIVERSAL WASTE MANAGEMENT › Subpart D - STANDARDS FOR UNIVERSAL WASTE TRANSPORTERS › Section 733.155 - Off-site Shipments

Current through Register Vol. 48, No. 28, July 12, 2024
a) A
				universal waste transporter is prohibited from transporting the universal waste
				to a place other than a universal waste handler, a destination facility, or a
				foreign destination.
b) If the
				universal waste being shipped off-site meets USDOT's definition of hazardous
				material under
				49 CFR
				171.8 (Definitions and Abbreviations),
				incorporated by reference in Section
				720.111(b),
				the shipment must be properly described on a shipping paper in accordance with
				the applicable USDOT regulations under 49 CFR 172 (Hazardous Materials Table,
				Special Provisions, Hazardous Materials Communications, Emergency Response
				Information, and Training Requirements), incorporated by reference in 35 Ill.
				Adm. Code
				720.111(b).
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 733 - STANDARDS FOR UNIVERSAL WASTE MANAGEMENT › Subpart D - STANDARDS FOR UNIVERSAL WASTE TRANSPORTERS › Section 733.156 - Exports

Current through Register Vol. 48, No. 28, July 12, 2024
A universal waste transporter transporting a shipment of
				  universal waste to a foreign destination is subject to the requirements of
				  Subpart H of 35 Ill. Adm. Code 722.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 733 - STANDARDS FOR UNIVERSAL WASTE MANAGEMENT › Subpart E - STANDARDS FOR DESTINATION FACILITIES › Section 733.160 - Applicability

Current through Register Vol. 48, No. 28, July 12, 2024
a) The owner or
				operator of a destination facility (as defined in Section
				733.109 )
				is subject to all applicable requirements of 35 Ill. Adm. Code 702 through 705,
				724 through 726, and 728, and the notification requirement under section 3010
				of RCRA (
				42 USC 6930
				).
b) The owner or operator of a
				destination facility that recycles a particular universal waste without storing
				that universal waste before it is recycled must comply with 35 Ill. Adm. Code
				721.106(c)(2).
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 733 - STANDARDS FOR UNIVERSAL WASTE MANAGEMENT › Subpart E - STANDARDS FOR DESTINATION FACILITIES › Section 733.161 - Off-Site Shipments

Current through Register Vol. 48, No. 28, July 12, 2024
a) The
				owner or operator of a destination facility is prohibited from sending or
				taking universal waste to a place other than a universal waste handler, another
				destination facility, or a foreign destination.
b) The owner or operator of a destination
				facility may reject a shipment containing universal waste, or a portion of a
				shipment containing universal waste. If the owner or operator of the
				destination facility rejects a shipment or a portion of a shipment, it must
				contact the shipper to notify the shipper of the rejection and to discuss
				reshipment of the load. The owner or operator of the destination facility must
				perform either of the following actions:
1)
				Send the shipment back to the original shipper; or
2) If agreed to by both the shipper and the
				owner or operator of the destination facility, send the shipment to another
				destination facility.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 733 - STANDARDS FOR UNIVERSAL WASTE MANAGEMENT › Subpart E - STANDARDS FOR DESTINATION FACILITIES › Section 733.162 - Tracking Universal Waste Shipments

Current through Register Vol. 48, No. 28, July 12, 2024
a) The owner or operator of a destination
				facility must keep a record of each shipment of universal waste received at the
				facility. The record may take the form of a log, invoice, manifest, bill of
				lading, movement document, or other shipping document. The record for each
				shipment of universal waste received must include the following information:
1) The name and address of the universal
				waste handler, destination facility, or foreign shipper from which the
				universal waste was sent;
2) The
				quantity of each type of universal waste received (e.g., batteries, pesticides,
				thermostats, mercury-containing lamps); and
3) The date of receipt of the shipment of
				universal waste.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 733 - STANDARDS FOR UNIVERSAL WASTE MANAGEMENT › Subpart F - IMPORT REQUIREMENTS › Section 733.170 - Imports

Current through Register Vol. 48, No. 28, July 12, 2024
Persons managing universal waste that is imported from a
				  foreign country into the United States are subject to the requirements of
				  Subpart H of 35 Ill. Adm. Code 722 and the applicable requirements of this Part
				  immediately after the waste enters the United States, as indicated in
				  subsections (a) through (c):
a) A
				universal waste transporter is subject to the universal waste transporter
				requirements of Subpart D.
b) A
				universal waste handler is subject to the small or large quantity handler of
				universal waste requirements of Subpart B or C, as applicable.
c) An owner or operator of a destination
				facility is subject to the destination facility requirements of Subpart
				E.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 733 - STANDARDS FOR UNIVERSAL WASTE MANAGEMENT › Subpart G - PETITIONS TO INCLUDE OTHER WASTES › Section 733.180 - General

Current through Register Vol. 48, No. 28, July 12, 2024
a) Except as
				provided in subsection (d), any person seeking to add a hazardous waste or a
				category of hazardous waste to this Part may petition for a regulatory
				amendment as follows:
1) If USEPA has already
				added the waste or category of waste to federal 40 CFR 273: by
				identical-in-substance rulemaking, under Sections 7.2 and 22.4(a) of the Act,
				35 Ill. Adm. Code 101 and 102, and 35 Ill. Adm. Code
				720.120;
				or
2) If USEPA has not added the
				waste or category of waste to federal 40 CFR 273: by general rulemaking, under
				Sections 22.4(b) and 27 of the Act, 35 Ill. Adm. Code 101 and 102, this Subpart
				G, and 35 Ill. Adm. Code
				720.120 and
				720.123.
BOARD NOTE: The Board cannot add a hazardous waste or
				  category of hazardous waste to this Part by general rulemaking until USEPA
				  either authorizes the Illinois universal waste regulations or otherwise
				  authorizes the Board to add new categories of universal waste. The Board may,
				  however, add a waste or category of waste by identical-in-substance
				  rulemaking.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 734 - PETROLEUM UNDERGROUND STORAGE TANKS › Subpart A - GENERAL › Section 734.100 - Applicability

Current through Register Vol. 48, No. 28, July 12, 2024
a) This Part
				applies to owners or operators of any underground storage tank system used to
				contain petroleum and for which a release is reported to Illinois Emergency
				Management Agency (IEMA) in accordance with the Office of State Fire Marshal
				(OSFM) regulations. This Part does not apply to owners or operators of sites
				for which the OSFM does not require a report to IEMA or for which the OSFM has
				issued or intends to issue a certificate of removal or abandonment pursuant to
				Section 57.5 of the Act [415
				ILCS 5/57.5 ].
1)
				For releases reported prior to June 8, 2010, the Agency may deem that one or
				more requirements of this Part have been satisfied, based upon activities
				conducted prior to June 8, 2010, even though the activities were not conducted
				in strict accordance with the requirements of this Part. For example, an owner
				or operator that adequately defined the extent of on-site contamination prior
				to June 8, 2010 may be deemed to have satisfied Sections
				734.210(h)
				and
				734.315
				even though sampling was not conducted in strict accordance with those
				Sections.
2) Costs incurred
				pursuant to a budget approved prior to March 1, 2006 must be reimbursed in
				accordance with the amounts approved in the budget and must not be subject to
				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 A - GENERAL › Section 734.105 - Election to Proceed under Part 734

Current through Register Vol. 48, No. 28, July 12, 2024
a) Except as provided in Section
				734.100(c)
				of this Part, owners or operators of underground storage tanks used exclusively
				to store heating oil for consumptive use on the premises where stored and that
				serve other than a farm or residential unit may elect to proceed in accordance
				with this Part by submitting to the Agency a written statement of such election
				signed by the owner or operator. Such election must be submitted on forms
				prescribed and provided by the Agency and, if specified by the Agency in
				writing, in an electronic format. Corrective action must then follow the
				requirements of this Part. The election must be effective upon receipt by the
				Agency and must not be withdrawn once made.
b) Owners and operators electing pursuant to
				this Section to proceed in accordance with this Part must submit with their
				election a summary of the activities conducted to date and a proposed starting
				point for compliance with this Part. The Agency must review and approve,
				reject, or modify the submission in accordance with the procedures contained in
				Subpart E of this Part. The Agency may deem a requirement of this Part to have
				been met, based upon activities conducted prior to an owner's or operator's
				election, even though the activities were not conducted in strict accordance
				with the requirement. For example, an owner or operator that adequately defined
				the extent of on-site contamination prior to the election may be deemed to have
				satisfied Sections
				734.210(h)
				and
				734.315
				even though sampling was not conducted in strict accordance with those
				Sections.
c) This Section does not
				apply to any release for which the Agency has issued a No Further Remediation
				Letter.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 734 - PETROLEUM UNDERGROUND STORAGE TANKS › Subpart A - GENERAL › Section 734.110 - Severability

Current through Register Vol. 48, No. 28, July 12, 2024
If any provision of this Part or its application to any
				  person or under any circumstances is adjudged invalid, such adjudication must
				  not affect the validity of this Part as a whole or of any portion not adjudged
				  invalid.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 734 - PETROLEUM UNDERGROUND STORAGE TANKS › Subpart A - GENERAL › Section 734.120 - Incorporations by Reference

Current through Register Vol. 48, No. 28, July 12, 2024
a) The
				Board incorporates the following material by reference:
ASTM. American Society for Testing and
				Materials, 100 Barr Harbor Drive, P.O. Box C700, West Conshohocken, PA
				19428-2959 (610) 832-9585
ASTM D2487-10, Standard Practice for Classification of Soils
				  for Engineering Purposes (Unified Soil Classification System) (January 1,
				  2010)
NTIS. National Technical
				Information Service, 5285 Port Royal Road, Springfield, VA 22161 (703) 605-6000
				or (800) 553-6847
"Methods for the Determination of Metals in Environmental
				  Samples," EPA Publication No. EPA/600/4-91/010 (June 1991);
"Methods for the Determination of Metals in Environmental
				  Samples, Supplement I," EPA Publication No. EPA/600/R-94/111 (May 1994);
"Methods for the Determination of Organic Compounds in
				  Drinking Water," EPA Publication No. EPA/600/4-88/039 (December 1988) (revised
				  July 1991);
"Methods for the Determination of Organic Compounds in
				  Drinking Water, Supplement II," EPA Publication No. EPA/600/R-92/129 (August
				  1992);
"Methods for the Determination of Organic Compounds in
				  Drinking Water, Supplement III," EPA Publication No. EPA/600/R-95/131 (August
				  1995);
"Test Methods for Evaluating Solid Wastes, Physical/Chemical
				  Methods," EPA Publication No. SW-846, Third Edition (September 1986), as
				  amended by Updates I, IIA, III, and IIIA (Final Update IIIA dated April 1998),
				  Doc. No. 955-001-00000-1.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 734 - PETROLEUM UNDERGROUND STORAGE TANKS › Subpart A - GENERAL › Section 734.125 - Agency Authority to Initiate Investigative, Preventive, or Corrective Action

Current through Register Vol. 48, No. 28, July 12, 2024
a) The Agency
				has the authority to do either of the following:
1) Provide notice to the owner or operator,
				or both, of an underground storage tank whenever there is a release or
				substantial threat of a release of petroleum from such tank. Such notice shall
				include the identified investigation or response action and an opportunity for
				the owner or operator, or both, to perform the response action.
2) Undertake investigative, preventive or
				corrective action whenever there is a release or a substantial threat of a
				release of petroleum from an underground storage tank [415 ILCS
				5/57.12(c) ].
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 734 - PETROLEUM UNDERGROUND STORAGE TANKS › Subpart A - GENERAL › Section 734.130 - Licensed Professional Engineer or Licensed Professional Geologist Supervision

Current through Register Vol. 48, No. 28, July 12, 2024
All investigations, plans, budgets, and reports conducted or
				  prepared under this Part, excluding Corrective Action Completion Reports
				  submitted pursuant to Section
				  734.345
				  of this Part, must be conducted or prepared under the supervision of a Licensed
				  Professional Engineer or Licensed Professional Geologist. Corrective Action
				  Completion Reports submitted pursuant to Section
				  734.345
				  of this Part must be prepared under the supervision of a Licensed Professional
				  Engineer.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 734 - PETROLEUM UNDERGROUND STORAGE TANKS › Subpart A - GENERAL › Section 734.145 - Notification to the Agency of Field Activities

Current through Register Vol. 48, No. 28, July 12, 2024
The Agency may require owners and operators to notify the
				  Agency of field activities prior to the date the field activities take place.
				  The notice must include information prescribed by the Agency, and may include,
				  but is not limited to, a description of the field activities to be conducted,
				  the person conducting the activities, and the date, time, and place the
				  activities will be conducted. The Agency may, but is not required to, allow
				  notification by telephone, facsimile, or electronic mail. This Section does not
				  apply to activities conducted within 45 days plus 14 days after initial
				  notification to IEMA of a release, or to free product removal activities
				  conducted within 45 days plus 14 days after the confirmation of the presence of
				  free product.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 734 - PETROLEUM UNDERGROUND STORAGE TANKS › Subpart A - GENERAL › Section 734.150 - LUST Advisory Committee

Current through Register Vol. 48, No. 28, July 12, 2024
Once each calendar quarter the Agency must meet with a LUST
				  Advisory Committee to discuss the Agency's implementation of this Part,
				  provided that the Agency or members of the Committee raise one or more issues
				  for discussion. The LUST Advisory Committee must consist of the following
				  individuals: one member designated by the Illinois Petroleum Marketers
				  Association, one member designated by the Illinois Petroleum Council, one
				  member designated by the American Consulting Engineers Council of Illinois, one
				  member designated by the Illinois Society of Professional Engineers, one member
				  designated by the Illinois Chapter of the American Institute of Professional
				  Geologists, two members designated by the Professionals of Illinois for the
				  Protection of the Environment, one member designated by the Illinois
				  Association of Environmental Laboratories, one member designated by the
				  Illinois Environmental Regulatory Group, one member designated by the Office of
				  the State Fire Marshal, and one member designated by the Illinois Department of
				  Transportation. Members of the LUST Advisory Committee must serve without
				  compensation.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 734 - PETROLEUM UNDERGROUND STORAGE TANKS › Subpart B - EARLY ACTION › Section 734.200 - General

Current through Register Vol. 48, No. 28, July 12, 2024
Owners and operators of underground storage tanks shall, in
				  response to all confirmed releases of petroleum, comply with all applicable
				  statutory and regulatory reporting and response requirements [415 ILCS
				  5/57.6(a) ]. No work plan or
				  corresponding budget must be required for conducting early action activities,
				  excluding free product removal activities conducted more than 45 days after
				  confirmation of the presence of free product.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 734 - PETROLEUM UNDERGROUND STORAGE TANKS › Subpart B - EARLY ACTION › Section 734.205 - Agency Authority to Initiate

Current through Register Vol. 48, No. 28, July 12, 2024
Pursuant to Sections
				  734.100
				  or
				  734.125
				  of this Part, the Agency must have the authority to require or initiate early
				  action activities in accordance with the remainder of this Subpart
				  B.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 734 - PETROLEUM UNDERGROUND STORAGE TANKS › Subpart B - EARLY ACTION › Section 734.210 - Early Action

Current through Register Vol. 48, No. 28, July 12, 2024
a) Upon
				confirmation of a release of petroleum from a UST system in accordance with
				regulations promulgated by the OSFM, the owner or operator, or both, must
				perform the following initial response actions:
1) Immediately report the release to IEMA
				(e.g., by telephone or electronic mail);
BOARD NOTE: The OSFM rules for the reporting of UST releases
				  are found at 41 Ill. Adm. Code 176.320(a).
2) Take immediate action to prevent any
				further release of the regulated substance to the environment; and
3) Immediately identify and mitigate fire,
				explosion and vapor hazards.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 734 - PETROLEUM UNDERGROUND STORAGE TANKS › Subpart B - EARLY ACTION › Section 734.215 - Free Product Removal

Current through Register Vol. 48, No. 28, July 12, 2024
a) Under any
				circumstance in which conditions at a site indicate the presence of free
				product, owners or operators must remove, to the maximum extent practicable,
				free product exceeding one-eighth of an inch in depth as measured in a
				groundwater monitoring well, or present as a sheen on groundwater in the tank
				removal excavation or on surface water, while initiating or continuing any
				actions required pursuant to this Part or other applicable laws or regulations.
				In meeting the requirements of this Section, owners or operators must:
1) Conduct free product removal in a manner
				that minimizes the spread of contamination into previously uncontaminated zones
				by using recovery and disposal techniques appropriate to the hydrogeologic
				conditions at the site and that properly treats, discharges or disposes of
				recovery byproducts in compliance with applicable local, State, and federal
				regulations;
2) Use abatement of
				free product migration as a minimum objective for the design of the free
				product removal system;
3) Handle
				any flammable products in a safe and competent manner to prevent fires or
				explosions;
4) Within 45 days after
				the confirmation of presence of free product from a UST, prepare and submit to
				the Agency a free product removal report. The report must, at a minimum,
				provide the following:
A) The name of the
				persons responsible for implementing the free product removal
				measures;
B) The estimated
				quantity, type and thickness of free product observed or measured in wells,
				boreholes, and excavations;
C) The
				type of free product recovery system used;
D) Whether any discharge will take place
				on-site or off-site during the recovery operation and where this discharge will
				be located;
E) The type of
				treatment applied to, and the effluent quality expected from, any
				discharge;
F) The steps that have
				been or are being taken to obtain necessary permits for any
				discharge;
G) The disposition of
				the recovered free product;
H) The
				steps taken to identify the source and extent of the free product;
				and
I) A schedule of future
				activities necessary to complete the recovery of free product still exceeding
				one-eighth of an inch in depth as measured in a groundwater monitoring well, or
				still present as a sheen on groundwater in the tank removal excavation or on
				surface water. The schedule must include, but not be limited to, the submission
				of plans and budgets required pursuant to subsections (c) and (d) of this
				Section; and
5) If free
				product removal activities are conducted more than 45 days after confirmation
				of the presence of free product, submit free product removal reports quarterly
				or in accordance with a schedule established by the Agency.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 734 - PETROLEUM UNDERGROUND STORAGE TANKS › Subpart B - EARLY ACTION › Section 734.220 - Application for Payment of Early Action Costs

Current through Register Vol. 48, No. 28, July 12, 2024
Owners or operators intending to seek payment for early
				  action activities, excluding free product removal activities conducted more
				  than 45 days after confirmation of the presence of free product, are not
				  required to submit a corresponding budget plan. The application for payment may
				  be submitted to the Agency upon completion of the early action activities in
				  accordance with the requirements at Subpart F of this Part, excluding free
				  product removal activities conducted more than 45 days after confirmation of
				  the presence of free product. Applications for payment of free product removal
				  activities conducted more than 45 days after confirmation of the presence of
				  free product may be submitted upon completion of the free product removal
				  activities.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 734 - PETROLEUM UNDERGROUND STORAGE TANKS › Subpart C - SITE INVESTIGATION AND CORRECTIVE ACTION › Section 734.300 - General

Current through Register Vol. 48, No. 28, July 12, 2024
Unless the owner or operator submits a report pursuant to
				  Section
				  734.210(h)(3)
				   of this Part demonstrating that the most
				  stringent Tier 1 remediation objectives of 35 Ill. Adm. Code 742 for the
				  applicable indicator contaminants have been met, the owner or operator must
				  investigate the site, conduct corrective action, and prepare plans, budgets,
				  and reports in accordance with the requirements of this Subpart
				  C.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 734 - PETROLEUM UNDERGROUND STORAGE TANKS › Subpart C - SITE INVESTIGATION AND CORRECTIVE ACTION › Section 734.305 - Agency Authority to Initiate

Current through Register Vol. 48, No. 28, July 12, 2024
Pursuant to Section
				  734.100
				  or
				  734.125
				  of this Part, the Agency has the authority to require or initiate site
				  investigation and corrective action activities in accordance with the remainder
				  of this Subpart C.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 734 - PETROLEUM UNDERGROUND STORAGE TANKS › Subpart C - SITE INVESTIGATION AND CORRECTIVE ACTION › Section 734.315 - Stage 1 Site Investigation

Current through Register Vol. 48, No. 28, July 12, 2024
The Stage 1 site investigation must be designed to gather
				  initial information regarding the extent of on-site soil and groundwater
				  contamination that, as a result of the release, exceeds the most stringent Tier
				  1 remediation objectives of 35 Ill. Adm. Code 742 for the applicable indicator
				  contaminants.
a) The Stage 1 site
				investigation must consist of the following:
1) Soil investigation.
A) Up to four borings must be drilled around
				each independent UST field where one or more UST excavation samples collected
				pursuant to
				734.210(h),
				excluding backfill samples, exceed the most stringent Tier 1 remediation
				objectives of 35 Ill. Adm. Code 742 for the applicable indicator contaminants.
				One additional boring must be drilled as close as practicable to each UST field
				if a groundwater investigation is not required under subsection (a)(2) of this
				Section. The borings must be advanced through the entire vertical extent of
				contamination, based upon field observations and field screening for organic
				vapors, provided that borings must be drilled below the groundwater table only
				if site-specific conditions warrant.
B) Up to two borings must be drilled around
				each UST piping run where one or more piping run samples collected pursuant to
				Section
				734.210(h)
				 exceed the most stringent Tier 1 remediation
				objectives of 35 Ill. Adm. Code 742 for the applicable indicator contaminants.
				One additional boring must be drilled as close as practicable to each UST
				piping run if a groundwater investigation is not required under subsection
				(a)(2) of this Section. The borings must be advanced through the entire
				vertical extent of contamination, based upon field observations and field
				screening for organic vapors, provided that borings must be drilled below the
				groundwater table only if site-specific conditions warrant.
C) One soil sample must be collected from
				each five-foot interval of each boring drilled pursuant to subsections
				(a)(1)(A) and (B) of this Section. Each sample must be collected from the
				location within the five-foot interval that is the most contaminated as a
				result of the release. If an area of contamination cannot be identified within
				a five-foot interval, the sample must be collected from the center of the
				five-foot interval. All samples must be analyzed for the applicable indicator
				contaminants.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 734 - PETROLEUM UNDERGROUND STORAGE TANKS › Subpart C - SITE INVESTIGATION AND CORRECTIVE ACTION › Section 734.320 - Stage 2 Site Investigation

Current through Register Vol. 48, No. 28, July 12, 2024
The Stage 2 site investigation must be designed to complete
				  the identification of the extent of soil and groundwater contamination at the
				  site that, as a result of the release, exceeds the most stringent Tier 1
				  remediation objectives of 35 Ill. Adm. Code 742 for the applicable indicator
				  contaminants. The investigation of any off-site contamination must be conducted
				  as part of the Stage 3 site investigation.
a) The Stage 2 site investigation must
				consist of the following:
1) The additional
				drilling of soil borings and collection of soil samples necessary to identify
				the extent of soil contamination at the site that exceeds the most stringent
				Tier 1 remediation objectives of 35 Ill. Adm. Code 742 for the applicable
				indicator contaminants. Soil samples must be collected in appropriate locations
				and at appropriate depths, based upon the results of the soil sampling and
				other investigation activities conducted to date, provided, however, that soil
				samples must not be collected below the groundwater table. All samples must be
				analyzed for the applicable indicator contaminants; and
2) The additional installation of groundwater
				monitoring wells and collection of groundwater samples necessary to identify
				the extent of groundwater contamination at the site that exceeds the most
				stringent Tier 1 remediation objectives of 35 Ill. Adm. Code 742 for the
				applicable indicator contaminants. If soil samples are collected from a
				monitoring well boring, the samples must be collected in appropriate locations
				and at appropriate depths, based upon the results of the soil sampling and
				other investigation activities conducted to date, provided, however, that soil
				samples must not be collected below the groundwater table. All samples must be
				analyzed for the applicable indicator contaminants.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 734 - PETROLEUM UNDERGROUND STORAGE TANKS › Subpart C - SITE INVESTIGATION AND CORRECTIVE ACTION › Section 734.325 - Stage 3 Site Investigation

Current through Register Vol. 48, No. 28, July 12, 2024
The Stage 3 site investigation must be designed to identify
				  the extent of off-site soil and groundwater contamination that, as a result of
				  the release, exceeds the most stringent Tier 1 remediation objectives of 35
				  Ill. Adm. Code 742 for the applicable indicator contaminants.
a) The Stage 3 site investigation must
				consist of the following:
1) The drilling of
				soil borings and collection of soil samples necessary to identify the extent of
				soil contamination beyond the site's property boundaries that exceeds the most
				stringent Tier 1 remediation objectives of 35 Ill. Adm. Code 742 for the
				applicable indicator contaminants. Soil samples must be collected in
				appropriate locations and at appropriate depths, based upon the results of the
				soil sampling and other investigation activities conducted to date, provided,
				however, that soil samples must not be collected below the groundwater table.
				All samples must be analyzed for the applicable indicator contaminants;
				and
2) The installation of
				groundwater monitoring wells and collection of groundwater samples necessary to
				identify the extent of groundwater contamination beyond the site's property
				boundaries that exceeds the most stringent Tier 1 remediation objectives of 35
				Ill. Adm. Code 742 for the applicable indicator contaminants. If soil samples
				are collected from a monitoring well boring, the samples must be collected in
				appropriate locations and at appropriate depths, based upon the results of the
				soil sampling and other investigation activities conducted to date, provided,
				however, that soil samples must not be collected below the groundwater table.
				All samples must be analyzed for the applicable indicator
				contaminants.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 734 - PETROLEUM UNDERGROUND STORAGE TANKS › Subpart C - SITE INVESTIGATION AND CORRECTIVE ACTION › Section 734.330 - Site Investigation Completion Report

Current through Register Vol. 48, No. 28, July 12, 2024
Within 30 days after completing the site investigation, the
				  owner or operator shall submit to the Agency for approval a site investigation
				  completion report [415
				  ILCS 5/57.7(a)(5) ]. At a minimum, a
				  site investigation completion report must contain the following:
a) A history of the site with respect to the
				release;
b) A description of the
				site, including but not limited to the following:
1) General site information, including but
				not limited to the site's and surrounding area's regional location; geography,
				hydrology, geology, hydrogeology, and topography; existing and potential
				migration pathways and exposure routes; and current and projected
				post-remediation uses;
2) One or
				more maps meeting the requirements of Section
				734.440
				that show the locations of all borings and groundwater monitoring wells
				completed as part of site investigation, and the groundwater flow
				direction;
3) One or more maps
				showing the horizontal extent of soil and groundwater contamination exceeding
				the most stringent Tier 1 remediation objectives of 35 Ill. Adm. Code 742 for
				the applicable indicator contaminants;
4) One or more map cross-sections showing the
				horizontal and vertical extent of soil and groundwater contamination exceeding
				the most stringent Tier 1 remediation objectives of 35 Ill. Adm. Code 742 for
				the applicable indicator contaminants;
5) Soil boring logs and monitoring well
				construction diagrams meeting the requirements of Sections
				734.425
				and
				734.430
				of this Part for all borings drilled and all groundwater monitoring wells
				installed as part of site investigation;
6) Analytical results, chain of custody
				forms, and laboratory certifications for all samples analyzed for the
				applicable indicator contaminants as part of site investigation;
7) A table comparing the analytical results
				of samples collected as part of site investigation to the most stringent Tier 1
				remediation objectives of 35 Ill. Adm. Code 742 for the applicable indicator
				contaminants; and
8) The water
				supply well survey documentation required pursuant to Section
				734.445(d)
				of this Part for water supply well survey activities conducted as part of site
				investigation; and
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 734 - PETROLEUM UNDERGROUND STORAGE TANKS › Subpart C - SITE INVESTIGATION AND CORRECTIVE ACTION › Section 734.335 - Corrective Action Plan

Current through Register Vol. 48, No. 28, July 12, 2024
a) If any
				of the applicable indicator contaminants exceed the most stringent Tier 1
				remediation objectives of 35 Ill. Adm. Code 742 for the applicable indicator
				contaminants, within 30 days after the Agency approves the site investigation
				completion report, the owner or operator shall submit to the Agency for
				approval a corrective action plan designed to mitigate any threat to human
				health, human safety, or the environment resulting from the underground storage
				tank release. [415
				ILCS 5/57.7(b)(2) ]. The corrective
				action plan must address all media impacted by the UST release and must
				contain, at a minimum, the following information:
1) An executive summary that identifies the
				objectives of the corrective action plan and the technical approach to be
				utilized to meet such objectives. At a minimum, the summary must include the
				following information:
A) The major
				components (e.g., treatment, containment, removal) of the corrective action
				plan;
B) The scope of the problems
				to be addressed by the proposed corrective action, including but not limited to
				the specific indicator contaminants and the physical area; and
C) A schedule for implementation and
				completion of the plan;
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 734 - PETROLEUM UNDERGROUND STORAGE TANKS › Subpart C - SITE INVESTIGATION AND CORRECTIVE ACTION › Section 734.340 - Alternative Technologies

Current through Register Vol. 48, No. 28, July 12, 2024
a) An
				owner or operator may choose to use an alternative technology for corrective
				action in response to a release. Corrective action plans proposing the use of
				alternative technologies must be submitted to the Agency in accordance with
				Section
				734.335 of
				this Part. In addition to the requirements for corrective action plans
				contained in Section 734.335, the owner or operator who seeks approval of an
				alternative technology must submit documentation along with the corrective
				action plan demonstrating that:
1) The
				proposed alternative technology has a substantial likelihood of successfully
				achieving compliance with all applicable regulations and remediation objectives
				necessary to comply with the Act and regulations and to protect human health
				and safety and the environment;
2)
				The proposed alternative technology will not adversely affect human health and
				safety or the environment;
3) The
				owner or operator will obtain all Agency permits necessary to legally authorize
				use of the alternative technology;
4) The owner or operator will implement a
				program to monitor whether the requirements of subsection (a)(1) of this
				Section have been met; and
5)
				Within one year from the date of Agency approval the owner or operator will
				provide to the Agency monitoring program results establishing whether the
				proposed alternative technology will successfully achieve compliance with the
				requirements of subsection (a)(1) of this Section and any other applicable
				regulations. The Agency may require interim reports as necessary to track the
				progress of the alternative technology. The Agency will specify in the approval
				when those interim reports must be submitted to the Agency.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 734 - PETROLEUM UNDERGROUND STORAGE TANKS › Subpart C - SITE INVESTIGATION AND CORRECTIVE ACTION › Section 734.345 - Corrective Action Completion Report

Current through Register Vol. 48, No. 28, July 12, 2024
a) Within 30 days after the completion of a
				corrective action plan that achieves applicable remediation objectives the
				owner or operator shall submit to the Agency for approval a corrective action
				completion report. The report shall demonstrate whether corrective action was
				completed in accordance with the approved corrective action plan and whether
				the remediation objectives approved for the site, as well as any other
				requirements of the plan, have been achieved [415
				ILCS 5/57.7(b)(5) ]. At a minimum,
				the report must contain the following information:
1) An executive summary that identifies the
				overall objectives of the corrective action and the technical approach utilized
				to meet those objectives. At a minimum, the summary must contain the following
				information:
A) A brief description of the
				site, including but not limited to a description of the release, the applicable
				indicator contaminants, the contaminated media, and the extent of soil and
				groundwater contamination that exceeded the most stringent Tier 1 remediation
				objectives of 35 Ill. Adm. Code 742 for the applicable indicator
				contaminants;
B) The major
				components (e.g., treatment, containment, removal) of the corrective
				action;
C) The scope of the
				problems corrected or mitigated by the corrective action; and
D) The anticipated post-corrective action
				uses of the site and areas immediately adjacent to the site;