Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 734 - PETROLEUM UNDERGROUND STORAGE TANKS › Subpart C - SITE INVESTIGATION AND CORRECTIVE ACTION › Section 734.310 - Site Investigation - General

Current through Register Vol. 48, No. 28, July 12, 2024
The investigation of the release must proceed in three stages
				  as set forth in this Part. If, after the completion of any stage, the extent of
				  the soil and groundwater contamination exceeding the most stringent Tier 1
				  remediation objectives of 35 Ill. Adm. Code 742 for the applicable indicator
				  contaminants as a result of the release has been defined, the owner or operator
				  must cease investigation and proceed with the submission of a site
				  investigation completion report in accordance with Section
				  734.330
				  of this Part.
a) Prior to conducting
				site investigation activities pursuant to Section
				734.315,
				734.320,
				or
				734.325
				of this Part, the owner or operator must submit to the Agency for review a site
				investigation plan. The plan must be designed to satisfy the minimum
				requirements set forth in the applicable Section and to collect the information
				required to be reported in the site investigation plan for the next stage of
				the site investigation, or in the site investigation completion report,
				whichever is applicable.
b) Any
				owner or operator intending to seek payment from the Fund must, prior to
				conducting any site investigation activities, submit to the Agency a site
				investigation budget with the corresponding site investigation plan. The budget
				must include, but not be limited to, a copy of the eligibility and
				deductibility determination of the OSFM and an estimate of all costs associated
				with the development, implementation, and completion of the site investigation
				plan, excluding handling charges and costs associated with monitoring well
				abandonment. Costs associated with monitoring well abandonment must be included
				in the corrective action budget. Site investigation budgets should be
				consistent with the eligible and ineligible costs listed at Sections
				734.625
				and
				734.630
				of this Part and the maximum payment amounts set forth in Subpart H of this
				Part. A budget for a Stage 1 site investigation must consist of a certification
				signed by the owner or operator, and by a Licensed Professional Engineer or
				Licensed Professional Geologist, that the costs of the Stage 1 site
				investigation will not exceed the amounts set forth in Subpart H of this
				Part.
c) Upon the Agency's approval
				of a site investigation plan, or as otherwise directed by the Agency, the owner
				or operator shall conduct a site investigation in accordance with the plan
				[415
				ILCS 5/57.7(a)(4) ].
d) If, following the approval of any site
				investigation plan or associated budget, an owner or operator determines that a
				revised plan or budget is necessary in order to determine, within the area
				addressed in the applicable stage of the investigation, the nature,
				concentration, direction of movement, rate of movement, and extent of the
				contamination, or the significant physical features of the site and surrounding
				area that may affect contaminant transport and risk to human health and safety
				and the environment, the owner or operator must submit, as applicable, an
				amended site investigation plan or associated budget to the Agency for review.
				The Agency must review and approve, reject, or require modification of the
				amended plan or budget in accordance with Subpart E of this Part.
e) Notwithstanding any requirement under this
				Part for the submission of a site investigation plan or budget, an owner or
				operator may proceed to conduct site investigation activities in accordance
				with this Subpart C prior to the submittal or approval of an otherwise required
				site investigation plan or budget. However, any such plan or budget must be
				submitted to the Agency for review and approval, rejection, or modification in
				accordance with the procedures contained in Subpart E of this Part prior to
				receiving payment for any related costs or the issuance of a No Further
				Remediation Letter.
BOARD NOTE: Owners or operators proceeding under subsection
					 (e) of this Section are advised that they may not be entitled to full payment.
					 Furthermore, applications for payment must be submitted no later than one year
					 after the date the Agency issues a No Further Remediation Letter. See Subpart F
					 of this Part.