reglab/statecodes huggingface dataset:
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 1501 - DRYCLEANER ENVIRONMENTAL RESPONSE TRUST FUND PROGRAM › Subpart B - LICENSES › Section 1501.230 - Drycleaning Green Solvent

Current through Register Vol. 48, No. 28, July 12, 2024
a) For
				a drycleaning solvent to be classified as a green solvent, the manufacturer or
				distributor of the solvent must present to the Agency the solvent's material
				safety data sheet, the material safety data sheet of the detergents used in
				conjunction with the solvent, and any other information requested by the Agency
				that is relevant to determine if the solvent should be classified as a green
				solvent.
b) When it receives a
				request that a solvent be classified as a green solvent, the Agency must review
				the information submitted under this Section. If the Agency agrees the solvent
				should be classified as a green solvent, it must file a proposed rulemaking
				recommending to the Board that the solvent be classified as a green solvent. If
				the Board determines the solvent should be classified as a green solvent, it
				will amend this Part to list the solvent as a green solvent. The classification
				will become effective on the date the amended rule becomes effective.
c) Before July 1, 2020 the following solvents
				were determined by the Council to be green solvents. These solvents will remain
				classified as green solvents unless the Board changes their classification by
				an amendment to this rule:
1) Carbon Dioxide
				(CO2);
2)
				Propylene Glycol Ether DPnB; and
3)
				Green Earth.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 1501 - DRYCLEANER ENVIRONMENTAL RESPONSE TRUST FUND PROGRAM › Subpart C - REMEDIAL ACTION CLAIMS › Section 1501.300 - General Remedial Action Claims Provisions

Current through Register Vol. 48, No. 28, July 12, 2024
a) The Fund reimburses eligible claimants for
				eligible costs of remedial action incurred in response to releases of
				drycleaning solvent at their drycleaning facilities.
b) Eligible claimants must enroll in the
				Agency's Site Remediation Program and conduct remedial action under approval of
				the Agency in accordance with Title XVII of the EPAct and 35 Ill. Adm. Code
				740.
c)
The owner or
				operator of an active drycleaning facility that has previously received or is
				currently receiving reimbursement for the costs of a remedial action
must
maintain continuous financial assurance for environmental
				liability coverage in the amount of at least $500,000 for that facility until
				January 1, 2030. Failure to comply with this requirement will result in the
				revocation of the drycleaning facility's existing license and in the inability
				of the drycleaning facility to obtain or renew a license.
[415 ILCS
				135/40(j) ]
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 1501 - DRYCLEANER ENVIRONMENTAL RESPONSE TRUST FUND PROGRAM › Subpart C - REMEDIAL ACTION CLAIMS › Section 1501.310 - Eligibility

Current through Register Vol. 48, No. 28, July 12, 2024
a) The following
				persons are eligible for reimbursement from the Fund for eligible remedial
				action costs:
1) For a facility that is an
				active drycleaning facility licensed at the time a remedial claim is submitted,
				the owner or operator of the drycleaning facility.
2) For a facility that is an inactive
				drycleaning facility at the time a remedial claim is submitted, an owner or
				operator of the inactive facility who was also the licensed owner or operator
				of the facility when it was an active drycleaning facility.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 1501 - DRYCLEANER ENVIRONMENTAL RESPONSE TRUST FUND PROGRAM › Subpart C - REMEDIAL ACTION CLAIMS › Section 1501.320 - Deductible Requirements

Current through Register Vol. 48, No. 28, July 12, 2024
The following deductibles must apply before any reimbursement
				  from the Fund for eligible costs relating to a release may be made:
a) Active Drycleaning Facility Deductible
1)
If, by January 1, 2008, an
				eligible claimant submitting a claim for an active drycleaning facility
				completed site investigation and submitted to the Council a complete remedial
				action plan for the site, then the eligible claimant is responsible for the
				first $5,000 of eligible investigation costs and for the first $10,000 of
				eligible remedial action costs incurred in connection with the release from the
				drycleaning facility and is only eligible for reimbursement for costs that
				exceed those amounts, subject to any other limitations of
the DERT
				Fund Act.
2)
Any eligible
				claimant submitting any other claim for an active drycleaning facility is
				responsible for the first $5,000 of eligible investigation costs and for the
				first $15,000 of eligible remedial action costs incurred in connection with the
				release from the drycleaning facility, and is only eligible for reimbursement
				for costs that exceed those amounts, subject to any other limitations
				of
the DERT Fund Act.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 1501 - DRYCLEANER ENVIRONMENTAL RESPONSE TRUST FUND PROGRAM › Subpart C - REMEDIAL ACTION CLAIMS › Section 1501.330 - Reimbursement Limitations

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Reimbursement must be limited to costs reviewed and approved within budgets
				submitted and approved in accordance with this Part.
b) Reimbursement must be paid only for
				releases discovered on or after July 1, 1997, and on or before June 30,
				2006.
c) Maximum Reimbursement
				Amounts
1) For each
active drycleaning
				facility
,
subsequent to meeting the
applicable
deductible requirements of
Section
				1501.320,
reimbursement
must
not exceed $300,000
per
				drycleaner facility.
2) For each
inactive drycleaning facility
,
subsequent to meeting
				the
applicable
deductible requirements of
Section
				1501.320,
reimbursement
must
not exceed
				$50,000
per drycleaner facility. [415 ILCS
				135/40(f)(1) ]
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 1501 - DRYCLEANER ENVIRONMENTAL RESPONSE TRUST FUND PROGRAM › Subpart C - REMEDIAL ACTION CLAIMS › Section 1501.340 - Payment Prioritization

Current through Register Vol. 48, No. 28, July 12, 2024
a)
The Agency
must
prioritize
approved claims
				for reimbursement from the Fund
whenever it determines
that
				there
are not sufficient funds to
pay all approved
				reimbursement
claims
.
In prioritizing
approved claims for reimbursement, the
Agency
must
consider
, at a minimum,
the following
:
1)
the degree to which human
				health
and the environment are impacted
by the
				release
;
2)
the
				reduction of risk to human health
and environment derived
from
				remedial action compared to the cost of the remedial action
;
3)
the present and planned uses of
				the impacted property;
4)
whether the
facility is
currently licensed
and insured,
and has paid all fees and premium
s
due
under this Part; and
5) whether the claimant failed to provide
				requested information or documentation after being notified under Section
				1501.350(b).
				[415 ILCS
				135/25(c) ]
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 1501 - DRYCLEANER ENVIRONMENTAL RESPONSE TRUST FUND PROGRAM › Subpart C - REMEDIAL ACTION CLAIMS › Section 1501.360 - Administrative Assessments for Eligible Inactive Drycleaning Facilities

Current through Register Vol. 48, No. 28, July 12, 2024
Owners and operators of inactive drycleaning
				  facilities that are eligible for reimbursement from the Fund
must
, through calendar year 2029, pay an annual $3,000 administrative
				  assessment each calendar year to the Agency for the facility. The annual
				  assessment is due on or before February 1 of the applicable calendar year.
				  Administrative assessments collected by the Agency under this
Section
				  must
be deposited into the Fund.
[415 ILCS
				  135/40(k) ] This Section applies to
				  inactive drycleaning facilities that are eligible for reimbursement,
				  irrespective of whether the drycleaning facility has filed a
				  claim.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 1501 - DRYCLEANER ENVIRONMENTAL RESPONSE TRUST FUND PROGRAM › Subpart D - INSURANCE CLAIMS › Section 1501.400 - General Insurance Provisions

Current through Register Vol. 48, No. 28, July 12, 2024
a)
An owner or operator may purchase
environmental liability
coverage
under the Fund
of up to $500,000 per
				drycleaning facility, subject to the terms and conditions
of the DERT
				Fund Act and this Part.
Coverage
must
be limited
				to
approved
remedial action costs associated with soil and
				groundwater contamination resulting from a release of drycleaning solvent
				at
a covered
drycleaning facility, including third-party
				liability for soil and groundwater contamination. Coverage is not provided for
				a release that occurred before the date of coverage.
[415 ILCS
				135/45(c) ]
b) Coverage may be provided to either the
				owner or the operator of a drycleaning facility. However, total coverage for an
				individual facility is limited to $500,000.
The Agency is
not
required to resolve whether the owner or operator, or both, are
				responsible for a release under the terms of an agreement between the owner and
				operator
. [415 ILCS
				135/45(a) ]
c) Covered claimants must enroll in the
				Agency's Site Remediation Program and conduct remedial action under approval of
				the Agency in accordance with Title XVII of the EPAct and regulations adopted
				thereunder.
d)
The owner or
				operator of an active drycleaning facility that has previously received or is
				currently receiving reimbursement for the costs of a remedial action
must
maintain continuous financial
insurance
for
				environmental liability coverage of at least $500,000 for that facility until
				January 1, 2030. Failure to comply with this requirement will result in the
				revocation of the drycleaning facility's existing license,
potential
				civil penalties under Section 69 of the DERT Fund Act,
and in the
				inability of the drycleaning facility to obtain or renew a license.
[415 ILCS
				135/40(j) ] Failure to maintain
				insurance will also result in ineligibility for reimbursement from the Fund for
				remedial action claims.
e) The
				owner or operator of a drycleaning facility that has a release must provide
				notice of any release within 24 hours after the release. A notice of claim must
				be submitted in writing to the Agency as soon as reasonably possible after a
				notice of a release.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 1501 - DRYCLEANER ENVIRONMENTAL RESPONSE TRUST FUND PROGRAM › Subpart D - INSURANCE CLAIMS › Section 1501.410 - Eligibility

Current through Register Vol. 48, No. 28, July 12, 2024
a)
An owner
				or operator, subject to the terms and conditions
of the DERT Fund Act
				and this Part,
may purchase
environmental liability
coverage
under the Fund if:
1)
a site investigation designed to
				identify soil and groundwater contamination resulting from the release of a
				drycleaning solvent has been completed for the drycleaning facility to be
				insured and the site investigation has been found adequate by the Council
				before July 1, 2020 or by the Agency on or after that date;
2)
the drycleaning facility is
				participating in and meets all drycleaning compliance program requirements
				adopted by the Board pursuant to Section 12 of
the DERT Fund
Act;
3)
the drycleaning facility to be insured is licensed under
Subpart B
and all fees due under that
Subpart
have
				been paid;
4)
the
				owner or operator of the drycleaning facility to be insured provides proof to
				the Agency that:
A)
All
				drycleaning solvent wastes generated at the drycleaning facility are managed in
				accordance with applicable State waste management laws and
				rule;
B)
There is
				no discharge of wastewater from drycleaning machines, or of drycleaning solvent
				from drycleaning operations, to a sanitary sewer or septic tank, to the
				surface, or in groundwater;
C)
The facility has a containment
				dike or other containment structure around each machine, item of equipment,
				drycleaning area, and portable waste container in which any drycleaning solvent
				is utilized, that is capable of containing leaks, spills, or releases of
				drycleaning solvent from that machine, item, area, or container,
				including:
i)
100% of the
				drycleaning solvent in the largest tank or vessel;
ii)
100% of the drycleaning solvent
				of each item of drycleaning equipment; and
iii)
100% of the drycleaning solvent
				of the largest portable waste container or at least 10% of the total volume of
				the portable waste containers stored within the containment dike or structure,
				whichever is greater;
D)
Those portions of diked floor
				surfaces at the facility on which a drycleaning solvent may leak, spill, or
				otherwise be released are sealed or otherwise impervious;
E)
All drycleaning solvent is
				delivered to the facility by means of closed, direct-coupled delivery
				systems;
F)
The
				drycleaning facility is in compliance with
subsection (a)(2);
				and
5)
The owner
				or operator of the drycleaning facility to be insured has paid all insurance
				premiums for insurance covered provided under
the Fund. [415 ILCS
				135/45(d) ]
BOARD NOTE: As of the enactment of Section
				  1501.410(a)(2),
				  the Board has not adopted drycleaning compliance program requirements under
				  Section 12 of the DERT Fund Act.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 1501 - DRYCLEANER ENVIRONMENTAL RESPONSE TRUST FUND PROGRAM › Subpart D - INSURANCE CLAIMS › Section 1501.420 - Premium and Deductible Requirements

Current through Register Vol. 48, No. 28, July 12, 2024
a) Premiums
1)
The annual premium for insurance
				coverage
will
be
:
A)
For the year July 1, 2020 through
				June 30, 2021, and for subsequent years through June 30, 2029, $1,500 per
				drycleaning facility per
coverage year.
B)
For July 1, 2029 through January
				1, 2030
, $750
per drycleaning facility per
coverage
				year. [415
				ILCS 135/45(e) ]
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 1501 - DRYCLEANER ENVIRONMENTAL RESPONSE TRUST FUND PROGRAM › Subpart D - INSURANCE CLAIMS › Section 1501.430 - Coverage Limitations

Current through Register Vol. 48, No. 28, July 12, 2024
a)
Coverage
must
be limited to
approved
remedial action costs associated with soil and groundwater
				contamination resulting from a release of drycleaning solvent at an insured
				drycleaning facility, including third-party liability
of the owner or
				operator
for
soil and
groundwater
				contamination
.
b)
Coverage
will
not be provided for a release that
				occurred
outside the dates of
coverage
.
				[415 ILCS
				135/45(c) ]
c) Insurance purchased by an eligible owner
				or operator and issued by the Agency must provide coverage up to $500,000 per
				insured drycleaning facility, subject to the limitations, conditions, and
				procedures of the DERT Fund Act and this Part.
d) Coverage provides reimbursement of
				eligible costs to claimants following the claim procedures as specified in
				Section 1501.450.
e) Reimbursement must not be made for any
				remedial action costs that have not been approved by the Agency in a SRP plan
				and a budget prior to the commencement of work.
f) Unless an emergency exists, as defined in
				Section 1501.130, reimbursement is
				contingent upon the claimant following all applicable procedures in this
				Subpart.
g) Coverage and
				reimbursement will be provided only for eligible costs. Ineligible costs
				include:
1) Preparation of claim
				submittals.
2) Removal of soil that
				is not contaminated as within an approved plan.
3) Installation, removal, transport, storage
				or disposal of drycleaning systems.
4) Cleaning, repairs, and maintenance of
				drycleaning systems.
5) Markup on
				subcontractor costs.
6) Legal
				fees.
7) Third party claims other
				than remediation of soil or groundwater contamination.
8) Any deductibles applicable under Section
				1501.420.
9) Costs not approved by the Council or the
				Agency before starting the work.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 1501 - DRYCLEANER ENVIRONMENTAL RESPONSE TRUST FUND PROGRAM › Subpart D - INSURANCE CLAIMS › Section 1501.440 - Claim Prioritization

Current through Register Vol. 48, No. 28, July 12, 2024
a) The
				Agency must prioritize insurance coverage payments from the Fund whenever the
				Agency determines that there are not sufficient funds to pay all vouchers to be
				forwarded to the Comptroller under Sections
				1501.350(d) and
				1501.450(d).
b) If the Agency prioritizes insurance
				coverage payments under subsection (a), the Agency must assign priority for
				payment based on the date order the payments are approved under Section
				1501.450(d).
				Insurance coverage payments prioritized under this Section must take precedence
				over approved payments prioritized under Section
				1501.340.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 1501 - DRYCLEANER ENVIRONMENTAL RESPONSE TRUST FUND PROGRAM › Subpart D - INSURANCE CLAIMS › Section 1501.450 - Claim Procedures

Current through Register Vol. 48, No. 28, July 12, 2024
a) General
1) Claimants seeking reimbursement under
				insurance coverage must follow all applicable claim procedures in this Section.
				Except as provided in Section 77 of the DERT Fund Act, the Agency cannot review
				or modify final decisions made by the Council or its contractors.
2) New Claims
A) On and after the effective date of this
				Part, an owner or operator of an insured drycleaning facility, under Section
				1501.410, may submit an
				insurance coverage claim to the Agency.
B) The insurance coverage claim must be on
				forms prescribed and provided by the Agency and must include, at a minimum, the
				following:
i) Identification of the claimant,
				including each person's full legal name, address, and telephone number; and the
				affected drycleaning facility and other site, if any, including the address and
				tax parcel identification number or numbers; and
ii) A written summary of the basis of the
				claim, including a description of the release of drycleaning solvent and any
				investigation into soil or groundwater contamination possibly resulting from
				the release.
C) The
				insurance coverage claim in paper form, one original and one copy, must be
				mailed to the address designated by the Agency on the forms.
D) The Agency must review the insurance
				coverage claim to determine whether it is complete, in compliance with the
				limitations, conditions, and procedures of this Subpart, and eligible for
				further claim processing under this Section.
E) Upon completion of the review, the Agency
				must issue a determination of eligibility, or ineligibility, for further claim
				processing under this Section. The following rules apply regarding an Agency
				determination of ineligibility:
i) The
				Agency's determination of ineligibility must be provided in writing.
ii) The written notification must contain, as
				applicable: an explanation of the specific type of information or
				documentation, if any, that the Agency finds the claimant did not provide; the
				reasons for the determination of ineligibility; and citations to statutory or
				regulatory provisions upon which the determination is based.
iii) The burden of proof is on the claimant
				in the proceeding.
F) If
				the Agency's determination of ineligibility is based on the incompleteness of
				the insurance coverage claim, the claimant may correct any deficiencies and
				resubmit the claim to the Agency.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 1600 - STANDARDS AND REQUIREMENTS FOR POTABLE WATER SUPPLY WELL SURVEYS AND FOR COMMUNITY RELATIONS ACTIVITIES PERFORMED IN CONJUNCTION WITH AGENCY NOTICES OF THREATS FROM CONTAMINATION › Subpart A - GENERAL › Section 1600.100 - Purpose and Scope (Repealed)

Current through Register Vol. 48, No. 28, July 12, 2024
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 1600 - STANDARDS AND REQUIREMENTS FOR POTABLE WATER SUPPLY WELL SURVEYS AND FOR COMMUNITY RELATIONS ACTIVITIES PERFORMED IN CONJUNCTION WITH AGENCY NOTICES OF THREATS FROM CONTAMINATION › Subpart A - GENERAL › Section 1600.105 - Applicability (Repealed)

Current through Register Vol. 48, No. 28, July 12, 2024
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 1600 - STANDARDS AND REQUIREMENTS FOR POTABLE WATER SUPPLY WELL SURVEYS AND FOR COMMUNITY RELATIONS ACTIVITIES PERFORMED IN CONJUNCTION WITH AGENCY NOTICES OF THREATS FROM CONTAMINATION › Subpart A - GENERAL › Section 1600.115 - Severability

Current through Register Vol. 48, No. 28, July 12, 2024
If any provision or its application to any person or
				  circumstance is adjudged invalid, the adjudication will not affect the validity
				  of this Subtitle as a whole or any Subpart, Section, subsection, sentence or
				  clause not adjudged invalid.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 1600 - STANDARDS AND REQUIREMENTS FOR POTABLE WATER SUPPLY WELL SURVEYS AND FOR COMMUNITY RELATIONS ACTIVITIES PERFORMED IN CONJUNCTION WITH AGENCY NOTICES OF THREATS FROM CONTAMINATION › Subpart B - STANDARDS AND REQUIREMENTS FOR POTABLE WATER SUPPLY WELL SURVEYS › Section 1600.200 - Purpose and Scope

Current through Register Vol. 48, No. 28, July 12, 2024
Subpart B establishes minimum standards and requirements for
				  performing potable water supply well surveys to ensure these wells are
				  accurately identified and located to determine the impacts and potential
				  impacts to these wells from soil, soil gas, or groundwater contamination. The
				  effects of soil contamination on groundwater contamination are evaluated as the
				  soil component of the groundwater ingestion exposure route using modeling as
				  referenced in this Subpart. This Subpart sets forth the procedures persons must
				  use when performing these well surveys and documenting the results in reports
				  to the Agency.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 1600 - STANDARDS AND REQUIREMENTS FOR POTABLE WATER SUPPLY WELL SURVEYS AND FOR COMMUNITY RELATIONS ACTIVITIES PERFORMED IN CONJUNCTION WITH AGENCY NOTICES OF THREATS FROM CONTAMINATION › Subpart B - STANDARDS AND REQUIREMENTS FOR POTABLE WATER SUPPLY WELL SURVEYS › Section 1600.205 - Applicability

Current through Register Vol. 48, No. 28, July 12, 2024
a) Subpart B
				applies to persons required under Board rules to perform response actions for
				soil and groundwater contamination. The standards and requirements of this
				Subpart apply if, as part of the response action, a well survey is required to
				determine the existence and location of potable water supply wells. The person
				performing the well survey must also identify and locate setback zones and
				regulated recharge areas associated with the wells.
1) Subpart B does not contain an independent
				requirement to perform a potable water supply well survey. If Board rules
				governing the response action require a well survey as part of the response
				action, Subpart B sets forth the minimum standards and requirements for
				performing that well survey and documenting it for submission to the Agency.
				The Board's response action rules also govern submission and review of well
				survey documentation and appeals of Agency final determinations regarding well
				survey procedures and reporting.
2)
				Board rules requiring potable water supply well surveys as part of response
				actions may supersede the requirements of Subpart B only to the extent their
				express provisions are equivalent to, or more stringent than, the standards and
				requirements of this Subpart.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 1600 - STANDARDS AND REQUIREMENTS FOR POTABLE WATER SUPPLY WELL SURVEYS AND FOR COMMUNITY RELATIONS ACTIVITIES PERFORMED IN CONJUNCTION WITH AGENCY NOTICES OF THREATS FROM CONTAMINATION › Subpart B - STANDARDS AND REQUIREMENTS FOR POTABLE WATER SUPPLY WELL SURVEYS › Section 1600.210 - Procedures for Potable Water Supply Well Surveys

Current through Register Vol. 48, No. 28, July 12, 2024
a) When Board rules require a well survey to
				determine the existence and location of potable water supply wells, the
				following must be identified:
1) All private,
				semi-private, and non-community water system wells located at the property
				where the release occurred or within 200 feet of the property where the release
				occurred;
2) All community water
				system (CWS) wells located at the property where the release occurred or within
				2,500 feet of the property where the release occurred; and
3) All setback zones and regulated recharge
				areas in which all or any portion of the property where the release occurred is
				located.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 1600 - STANDARDS AND REQUIREMENTS FOR POTABLE WATER SUPPLY WELL SURVEYS AND FOR COMMUNITY RELATIONS ACTIVITIES PERFORMED IN CONJUNCTION WITH AGENCY NOTICES OF THREATS FROM CONTAMINATION › Subpart C - STANDARDS AND REQUIREMENTS FOR COMMUNITY RELATIONS ACTIVITIES › Section 1600.300 - Purpose and Scope

Current through Register Vol. 48, No. 28, July 12, 2024
a) Subpart C
				establishes minimum standards and requirements for an authorized party
				developing and implementing community relations activities under Title IV-D of
				the Act. Community relations activities must fully inform communities and
				individuals in a timely manner about offsite impacts or potential impacts from
				soil, soil gas, or groundwater contamination and the responses to those
				impacts. Subpart C contains the minimum requirements for the content,
				submission for review, distribution and implementation of notices, contact
				lists, fact sheets and CRPs, and the establishment and maintenance of document
				repositories.
b) Subpart C Not a
				Limitation:
1) Nothing in this Subpart is
				intended to prohibit a person from implementing other community relations
				activities sooner than required, or under circumstances in addition to those
				described, in this Subpart. The Agency may recommend alternative times and
				other circumstances for performing community relations activities and may
				assist in developing and implementing these activities.
2) Nothing in Subpart C is intended to limit
				the Agency's authority to provide independent notice of threatened exposure
				from soil, soil gas, or groundwater contamination, according to Title VI-D of
				the Act [
				415 ILCS 5/25d-1
				through 25 d-10] or under any other authority.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 1600 - STANDARDS AND REQUIREMENTS FOR POTABLE WATER SUPPLY WELL SURVEYS AND FOR COMMUNITY RELATIONS ACTIVITIES PERFORMED IN CONJUNCTION WITH AGENCY NOTICES OF THREATS FROM CONTAMINATION › Subpart C - STANDARDS AND REQUIREMENTS FOR COMMUNITY RELATIONS ACTIVITIES › Section 1600.305 - Applicability

Current through Register Vol. 48, No. 28, July 12, 2024
a) When the Agency
				determines that it must provide notice under Section 25d-3(a) of the Act, the
				Agency may authorize a person to provide the notice as part of the
				Agency-approved community relations activities developed and implemented under
				this Subpart.
b) A person must
				develop and implement community relations activities under this Subpart only
				if:
1) The Agency informs the person in
				writing that a notice must be issued under Section 25d-3(a) of the
				Act;
2) In that same writing, the
				Agency offers the person the opportunity to provide the notice in lieu of the
				Agency issuing it; and
3) The
				person accepts the Agency's offer and notifies the Agency in writing within
				seven days after receiving the Agency's offer letter (unless a longer period is
				provided in the offer letter) that the person intends to provide the notice in
				place of the Agency as part of the community relations activities developed and
				implemented under Subpart C.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 1600 - STANDARDS AND REQUIREMENTS FOR POTABLE WATER SUPPLY WELL SURVEYS AND FOR COMMUNITY RELATIONS ACTIVITIES PERFORMED IN CONJUNCTION WITH AGENCY NOTICES OF THREATS FROM CONTAMINATION › Subpart C - STANDARDS AND REQUIREMENTS FOR COMMUNITY RELATIONS ACTIVITIES › Section 1600.310 - Notices and Community Relations Plans for Limited Community Relations Activities

Current through Register Vol. 48, No. 28, July 12, 2024
a) An
				authorized party must develop a notice and CRP consisting of a contact list and
				fact sheet under this Section if, at five or fewer offsite properties or
				potable supply wells other than a community water supply well, the:
1) Measured or modeled groundwater
				contamination from the site where the release occurred (including the impact
				from soil contamination in concentrations exceeding the applicable remediation
				objectives for the soil component of the groundwater ingestion exposure route)
				poses a threat above the Class I groundwater quality standards;
2) Measured offsite groundwater contamination
				from volatile chemicals from the site where the release occurred poses a threat
				of indoor inhalation exposure above the appropriate Tier 1 remediation
				objectives for the current uses;
3)
				Offsite soil contamination from the site where the release occurred poses a
				threat of exposure above the appropriate Tier 1 remediation objectives for the
				current uses; or
4) Measured
				offsite soil gas contamination from the site where the release occurred poses a
				threat of exposure above the appropriate Tier 1 remediation objectives for the
				current uses.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 1600 - STANDARDS AND REQUIREMENTS FOR POTABLE WATER SUPPLY WELL SURVEYS AND FOR COMMUNITY RELATIONS ACTIVITIES PERFORMED IN CONJUNCTION WITH AGENCY NOTICES OF THREATS FROM CONTAMINATION › Subpart C - STANDARDS AND REQUIREMENTS FOR COMMUNITY RELATIONS ACTIVITIES › Section 1600.315 - Notices, Fact Sheet and Community Relations Plans for Expanded Community Relations Activities

Current through Register Vol. 48, No. 28, July 12, 2024
a) An
				authorized party must develop a notice, CRP, and fact sheet under this Section
				if:
1) At more than five offsite properties
				or potable water supply wells other than a community water supply well, the:
A) Measured or modeled groundwater
				contamination from the site where the release occurred (including the impact
				from soil contamination in concentrations exceeding the applicable remediation
				objectives for the soil component of the groundwater ingestion exposure route)
				poses a threat above the Class I groundwater quality standards;
B) Measured offsite groundwater contamination
				from volatile chemicals from the site where the release occurred poses a threat
				of indoor inhalation exposure above the appropriate Tier 1 remediation
				objectives for the current uses;
C)
				Offsite soil contamination from the site where the release occurred poses a
				threat of exposure above the appropriate Tier 1 remediation objectives for the
				current uses; or
D) Measured
				offsite soil gas contamination from the site where the release occurred poses a
				threat of exposure above the appropriate Tier 1 remediation objectives for the
				current uses; or
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 1600 - STANDARDS AND REQUIREMENTS FOR POTABLE WATER SUPPLY WELL SURVEYS AND FOR COMMUNITY RELATIONS ACTIVITIES PERFORMED IN CONJUNCTION WITH AGENCY NOTICES OF THREATS FROM CONTAMINATION › Subpart C - STANDARDS AND REQUIREMENTS FOR COMMUNITY RELATIONS ACTIVITIES › Section 1600.320 - Establishment of Document Repository

Current through Register Vol. 48, No. 28, July 12, 2024
An authorized party developing a CRP under Section
				  1600.315
				  also must establish a document repository for document viewing and copying. The
				  document repository must be available online. A document repository at a
				  physical location, as described under subsection (c), also must be established
				  if a request for one at a physical location is made to the authorized party or
				  the Agency.
a) The document repository
				must include the notice, CRP, all public notices (e.g., proof of publication
				for newspaper or other published notices, letters, door hangers, or other forms
				of public notification), all fact sheets, all applications, plans and reports
				submitted to the Agency for review and approval and subsequent Agency comment
				packages, and all final determinations by the Agency, such as an NFR Letter,
				permit modification, or other project completion documentation.
1) The authorized party must update the
				repository promptly and continuously as notices, fact sheets, plans, reports,
				comment packages, and Agency decisions are generated throughout the
				process.
2) The documents must be
				created, organized and indexed so that affected, potentially affected, or
				interested persons can identify, locate, and download documents of
				interest.
3) The repository must
				include the business, site or facility representative's contact information
				where inquiries can be directed and persons can request copies of repository
				documents and other site-related documents.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 1600 - STANDARDS AND REQUIREMENTS FOR POTABLE WATER SUPPLY WELL SURVEYS AND FOR COMMUNITY RELATIONS ACTIVITIES PERFORMED IN CONJUNCTION WITH AGENCY NOTICES OF THREATS FROM CONTAMINATION › Subpart C - STANDARDS AND REQUIREMENTS FOR COMMUNITY RELATIONS ACTIVITIES › Section 1600.325 - Submission of Notices, Contact Lists, and Fact Sheets and Community Relations Plans for Review

Current through Register Vol. 48, No. 28, July 12, 2024
a) Except as
				provided in subsection (b) or Section
				1600.330(d),
				within 30 days after the date of acceptance, the authorized party must:
1) Submit to the Agency a notice and CRP
				satisfying the requirements of Section
				1600.310(b)
				or a notice, CRP, fact sheet, and contact list satisfying the requirements of
				Section
				1600.315(b);
				and
2) Establish an online document
				repository if required under Section
				1600.320.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 1600 - STANDARDS AND REQUIREMENTS FOR POTABLE WATER SUPPLY WELL SURVEYS AND FOR COMMUNITY RELATIONS ACTIVITIES PERFORMED IN CONJUNCTION WITH AGENCY NOTICES OF THREATS FROM CONTAMINATION › Subpart C - STANDARDS AND REQUIREMENTS FOR COMMUNITY RELATIONS ACTIVITIES › Section 1600.330 - Agency Reviews of Notices, Contact Lists, Fact Sheets and Community Relations Plans

Current through Register Vol. 48, No. 28, July 12, 2024
a) The Agency
				has 30 days from receipt of a notice, contact list, fact sheet, CRP, or related
				updates to conduct a review approving, approving with conditions or
				modifications, or disapproving the documents. All reviews must be based on the
				standards for review set forth in subsection (b).
1) The Agency's record of the date it
				received a notice, contact list, fact sheet, or CRP will be deemed conclusive
				unless a contrary date is proved by a signed, dated receipt from the Agency or
				certified mail or registered mail.
2) An authorized party may waive the period
				for review.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 1600 - STANDARDS AND REQUIREMENTS FOR POTABLE WATER SUPPLY WELL SURVEYS AND FOR COMMUNITY RELATIONS ACTIVITIES PERFORMED IN CONJUNCTION WITH AGENCY NOTICES OF THREATS FROM CONTAMINATION › Subpart C - STANDARDS AND REQUIREMENTS FOR COMMUNITY RELATIONS ACTIVITIES › Section 1600.335 - Implementation of Community Relations Plans and Distribution of Notices and Fact Sheets; Records Retention

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Implementing the CRP or distributing a notice or fact sheet must begin within
				five days after receiving the Agency's approval of the document or within ten
				days after the date the document is deemed approved under Section
				1600.330(g).
b) The authorized party must:
1) Provide the Agency copies of all public
				notices (including proof of publication for newspaper or other published
				notices, news releases, letters, door hangers, or other forms of public
				notification); and
2) Inform the
				Agency in writing two weeks prior to holding public meetings or press
				conferences about site activities or developments.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 1600 - STANDARDS AND REQUIREMENTS FOR POTABLE WATER SUPPLY WELL SURVEYS AND FOR COMMUNITY RELATIONS ACTIVITIES PERFORMED IN CONJUNCTION WITH AGENCY NOTICES OF THREATS FROM CONTAMINATION › Subpart C - STANDARDS AND REQUIREMENTS FOR COMMUNITY RELATIONS ACTIVITIES › Section 1600.340 - Compliance

Current through Register Vol. 48, No. 28, July 12, 2024
An authorized party must comply with the requirements of
				  Subpart C or the provisions of community relations activities approved by the
				  Agency.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 1662 - RIGHT-TO-KNOW NOTICE COSTS › Section 1662.105 - Applicability

Current through Register Vol. 48, No. 28, July 12, 2024
The costs set forth in this Part may be collected from any
				person who is:
a) a responsible party
			 with respect to the release or substantial threat of release for which notice
			 is given pursuant to Section 25d-3 of the Act; or
b) a remedial applicant that has agreed to
			 such costs under 35 Ill. Adm. Code
			 740.305(a)(6)
			  when the Agency has determined that notice
			 must be given pursuant to Section 25d-3 of the Act.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 1662 - RIGHT-TO-KNOW NOTICE COSTS › Section 1662.110 - Definitions

Current through Register Vol. 48, No. 28, July 12, 2024
"Act" means the Environmental Protection Act [415 ILCS 5
				].
"Agency" is the Environmental Protection Agency established by
				the Environmental Protection Act. (Section 3.105 of the Act)
"Agency travel costs" means costs incurred and documented for
				travel in accordance with 80 Ill. Adm. Code 2800 and 3000 by individuals
				employed by the Agency. These costs include, but are not limited to, costs for
				lodging, meals, travel, automobile mileage, vehicle leasing, tolls, taxi fares,
				parking and miscellaneous items.
"Indirect costs" means those costs incurred by the Agency that
				cannot be attributed directly to a specific site but are necessary to support
				the site-specific activities, including, but not limited to, such expenses as
				managerial and administrative services, building rent and maintenance,
				utilities, telephone and office supplies.
"Other contractual costs" means costs for contractual services
				not otherwise specifically identified, including, but not limited to, printing,
				blueprints, photography, film processing, computer services and overnight
				mail.
"Person" is any individual, partnership, co-partnership, firm,
				company, corporation, association, joint stock company, trust, estate,
				political subdivision, State agency, or any other legal entity, or their legal
				representative, agent or assigns. (Section 3.315 of the Act)
"Personnel costs" means costs relative to the employment of
				individuals by the Agency. These costs include, but are not limited to, hourly
				wages and fringe benefits.
"Professional and artistic services contractual costs" means
				costs of consultants and contractors used by the Agency to perform services
				related to the Agency's obligation to give notice pursuant to Section 25d-3 of
				the Act.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 1662 - RIGHT-TO-KNOW NOTICE COSTS › Section 1662.115 - 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 circumstance is adjudged invalid, that adjudication does 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 1662 - RIGHT-TO-KNOW NOTICE COSTS › Section 1662.120 - Right-To-Know Notice Costs

Current through Register Vol. 48, No. 28, July 12, 2024
a)
			 Responsible parties and remedial applicants are liable for the following costs
			 incurred by the Agency in giving the notice pursuant to Section 25d-3 of the
			 Act:
1) Personnel costs;
2) Agency travel costs;
3) Site evaluation costs, including, but not
			 limited to, costs associated with reviewing plans, reports, photographs and
			 maps;
4) File creation costs,
			 including, but not limited to, costs associated with imaging, duplicating,
			 indexing, quality assurance, and identifying documents exempt from public
			 view;
5) Information systems costs,
			 including, but not limited to, costs associated with internet posting, document
			 scanning, and database creation;
6)
			 Document repository costs;
7)
			 Meeting costs, including, but not limited to, costs associated with public
			 meetings, hearings, and special meetings;
8) Postage costs, including, but not limited
			 to, direct mail and special courier;
9) Press services costs, including, but not
			 limited to, costs associated with publishing and broadcasting;
10) Correspondence costs, including, but not
			 limited to, costs associated with document preparation;
11) Professional and artistic services
			 contractual costs;
12) Other
			 contractual costs; and
13) Indirect
			 costs.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 1662 - RIGHT-TO-KNOW NOTICE COSTS › Section 1662.125 - Request for Payment

Current through Register Vol. 48, No. 28, July 12, 2024
The Agency shall prepare a written request for payment for
				costs incurred in providing the notice pursuant to Section 25d-3 of the Act.
				Costs shall be documented, and the documentation shall be made available to the
				responsible party or remedial applicant upon written request.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 1662 - RIGHT-TO-KNOW NOTICE COSTS › Section 1662.130 - Submittal of Payment

Current through Register Vol. 48, No. 28, July 12, 2024
a) Payments for
			 costs incurred by the Agency in providing the notice pursuant to Section 25d-3
			 of the Act must be submitted to the Agency within 45 days after receipt of the
			 Agency's written request for payment.
b) If payment is not received in full by the
			 due date specified in subsection (a), the Agency may initiate other action,
			 including, but not limited to:
1) Referral to
			 the State Comptroller's Offset System pursuant to the State Comptrollers Act
			 [15 ILCS 405 ];
2) Referral to the
			 Department of Revenue's Debt Collection Bureau pursuant to the Illinois State
			 Collection Act [30 ILCS 210 ]; and/or
3) Agency enforcement as authorized by the
			 Act.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 1662 - RIGHT-TO-KNOW NOTICE COSTS › Section 1662.135 - Manner of Payment

Current through Register Vol. 48, No. 28, July 12, 2024
a) Payment must
			 be made by check or money order. The check or money order must identify the
			 site name and address, Illinois inventory identification number, and Federal
			 Employer Identification Number or Social Security Number of the responsible
			 party or remedial applicant. Payment must be mailed or delivered to the address
			 designated by the Agency in the written request for payment. Payments that are
			 hand-delivered must be delivered during the Agency's normal business
			 hours.
b) Pursuant to Section
			 25d-3(d) of the Act, the check or money order must be made payable to
			 "Treasurer - State of Illinois, For Deposit in the Hazardous Waste Fund" for
			 all moneys paid to the State for costs related to releases and substantial
			 threats of release of hazardous substances, pesticides, and petroleum, other
			 than releases and substantial threats of release of petroleum from underground
			 storage tanks subject to Title XVI of the Act.
c) Pursuant to Section 25d-3(d) of the Act,
			 the check or money order must be made payable to "Treasurer - State of
			 Illinois, For Deposit in the Underground Storage Tank Fund" for all moneys paid
			 to the State for costs related to releases and substantial threats of release
			 of petroleum from underground storage tanks subject to Title XVI of the
			 Act.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 1740 - BROWNFIELDS SITE RESTORATION PROGRAM › Section 1740.10 - Purpose

Current through Register Vol. 48, No. 28, July 12, 2024
a) The Agency shall
			 establish and administer a revolving loan program to be known as the
			 "Brownfields Redevelopment Loan Program" for the purpose of providing loans to
			 be used for site investigation, site remediation, or both, at brownfields
			 sites. [415 ILCS
			 5/58.15(A)(a) ]
b) Prior to applying to the Agency for
			 payment, a remediation applicant shall first submit to the Agency its proposed
			 remediation costs. The Agency shall make a pre-application assessment, which is
			 not to be binding upon the Department of Commerce and Economic Opportunity
			 (formerly the Department of Commerce and Community Affairs) or upon future
			 review of the project, relating only to whether the Agency has adequate funding
			 to reimburse the applicant for the remediation costs if the applicant is found
			 to be eligible for reimbursement of remediation costs. If the Agency determines
			 that it is likely to have adequate funding to reimburse the applicant for
			 remediation costs, the remediation applicant may then submit to the Department
			 of Commerce and Economic Opportunity an application for review of eligibility.
			 The Department must review the eligibility application to determine whether the
			 remediation applicant is eligible for the payment. The application must be on
			 forms prescribed and provided by the Department of Commerce and Economic
			 Opportunity. [415 ILCS
			 5/58.15(B)(b) ]
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 1740 - BROWNFIELDS SITE RESTORATION PROGRAM › Section 1740.40 - Eligible Projects

Current through Register Vol. 48, No. 28, July 12, 2024
The Department shall determine site eligibility. To qualify for
				site eligibility, the remediation applicant must certify that the site is an
				eligible site as defined in Section
				1740.20,
				the site for which the Department's net economic benefit assessment and
				certification is being sought is enrolled in the Agency's Site Remediation
				Program, and the project must have received a No Further Remediation Letter
				from the Agency after December 31, 2001.