Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 740 - SITE REMEDIATION PROGRAM › Subpart F - NO FURTHER REMEDIATION LETTERS AND RECORDING REQUIREMENTS › Section 740.620 - Duty to Record No Further Remediation Letter

Current through Register Vol. 48, No. 28, July 12, 2024
a) Except as provided in Sections
				740.621
				and
				740.622
				of this Part, theRA receiving a No Further Remediation Letter from the Agency
				pursuant to Title XVII of the Act and this Subpart F shall submit the letter,
				and, where the RA is not the sole owner of the remediation site, an owner
				certification in accordance with subsection (d) below, to the Office of the
				Recorder or the Registrar of Titles of the county in which the remediation site
				is located within 45 days after receipt of the letter. [415 ILCS
				5/58.8(a) ]
1) The Office of the Recorder or the
				Registrar of Titles shall accept and record that letter and, where applicable,
				the owner certification under subsection (d) below in accordance with Illinois
				law so that it forms a permanent part of the chain of title for the site.
				[415 ILCS
				5/58.8(a) ]
2) In the event that a No Further Remediation
				Letter issues by operation of law pursuant to Title XVII of the Act and this
				Subpart F, the RA may record an affidavit stating that the letter issued by
				operation of law. [415 ILCS
				5/58.8(d) ] Attached to the affidavit
				shall be the following information:
A) An
				acknowledgment that the requirements of the Remedial Action Plan and the
				Remedial Action Completion Report were satisfied;
B) A description of the location of the
				remediation site by adequate legal description or by reference to a plat
				showing its boundaries;
C) The
				level of the remediation objectives, specifying, as appropriate, any land use
				limitation imposed as a result of such remediation efforts;
D) A statement that the No Further
				Remediation Letter signifies a release from further responsibilities under the
				Act in performing the approved remedial action and shall be considered prima
				facie evidence that the following, as identified in the scope of work and the
				approved Remedial Action Plan, does not constitute a threat to human health and
				the environment and does not require further remediation under the Act if
				utilized in accordance with the terms of the No Further Remediation Letter:
i) The remediation site;
ii) Selected recognized environmental
				conditions and related contaminants of concern at the remediation site;
				and
iii) A combination of
				(a)(2)(D)(i) or (a)(2)(D)(ii) above;
E) The prohibition against the use of any
				remediation site in a manner inconsistent with any property use limitation
				imposed as a result of such remediation efforts without additional appropriate
				remedial activities;
F) A
				description of any preventive, engineering, and institutional controls or
				monitoring required in the approved Remedial Action Plan and notification that
				failure to manage the controls or monitoring in full compliance with the terms
				of the Remedial Action Plan may result in voidance of the No Further
				Remediation Letter;
G) The
				opportunity to request a change in the recorded land use pursuant to Title XVII
				of the Act and subsection c of this Section;
H) Notification that further information
				regarding the remediation site can be obtained from the Agency through a
				request under the Freedom of Information Act [5 ILCS 140 ]; and
I) An owner certification in accordance with
				subsection (d) below, where applicable.