Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 734 - PETROLEUM UNDERGROUND STORAGE TANKS › Subpart G - NO FURTHER REMEDIATION LETTERS AND RECORDING REQUIREMENTS › Section 734.715 - Duty to Record a No Further Remediation Letter

Current through Register Vol. 48, No. 28, July 12, 2024
a) Except as provided in subsections (c) and
				(d) of this Section, an owner or operator receiving a No Further Remediation
				Letter from the Agency pursuant to this Subpart G must submit the letter, with
				a copy of any applicable institutional controls (as set forth in 35 Ill. Adm.
				Code 742, Subpart J) proposed as part of a corrective action completion report,
				to the office of the recorder or the registrar of titles of the county in which
				the site is located within 45 days after receipt of the letter. The letter and
				any attachments must be filed in accordance with Illinois law so that they form
				a permanent part of the chain of title for the site. Upon the lapse of the 45
				day period for recording, pursuant to Section
				734.720(a)(5)
				 of this Part the Agency may void an
				unrecorded No Further Remediation Letter for failure to record it in a timely
				manner.
b) Except as provided in
				subsections (c) and (d) of this Section, a No Further Remediation Letter must
				be perfected upon the date of the official recording of such letter. The owner
				or operator must obtain and submit to the Agency, within 30 days after the
				official recording date, a certified or otherwise accurate and official copy of
				the letter and any attachments as recorded. An unperfected No Further
				Remediation Letter is effective only as between the Agency and the owner or
				operator.
c) For sites located in a
				highway authority right-of-way, the following requirements must apply:
1) In order for the No Further Remediation
				Letter to be perfected, the highway authority with jurisdiction over the
				right-of-way must enter into a Memorandum of Agreement (MOA) with the Agency.
				The MOA must include, but is not limited to:
A) The name of the site, if any, and any
				highway authority or Agency identifiers (e.g., incident number, Illinois
				inventory identification number);
B) The address of the site (or other
				description sufficient to identify the location of the site with
				certainty);
C) A copy of the No
				Further Remediation Letter for each site subject to the MOA;
D) Procedures for tracking sites subject to
				the MOA so that all highway authority offices and personnel whose
				responsibilities (e.g., land acquisition, maintenance, construction, utility
				permits) may affect land use limitations will have notice of any environmental
				concerns and land use limitations applicable to a site;
E) Provisions addressing future conveyances
				(including title or any lesser form of interest) or jurisdictional transfers of
				the site to any other agency, private person or entity and the steps that will
				be taken to ensure the long-term integrity of any land use limitations
				including, but not limited to, the following:
i) Upon creation of a deed, the recording of
				the No Further Remediation Letter and any other land use limitations requiring
				recording under 35 Ill. Adm. Code 742, with copies of the recorded instruments
				sent to the Agency within 30 days after recording;
ii) Any other arrangements necessary to
				ensure that property that is conveyed or transferred remains subject to any
				land use limitations approved and implemented as part of the corrective action
				plan and the No Further Remediation Letter; and
iii) Notice to the Agency at least 60 days
				prior to any such intended conveyance or transfer indicating the mechanism(s)
				to be used to ensure that any land use limitations will be operated or
				maintained as required in the corrective action plan and No Further Remediation
				Letter; and
F)
				Provisions for notifying the Agency if any actions taken by the highway
				authority or its permittees at the site result in the failure or inability to
				restore the site to meet the requirements of the corrective action plan and the
				No Further Remediation Letter.