reglab/statecodes huggingface dataset:
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 739 - STANDARDS FOR THE MANAGEMENT OF USED OIL › Subpart G - STANDARDS FOR USED OIL BURNERS THAT BURN OFF-SPECIFICATION USED OIL FOR ENERGY RECOVERY › Section 739.164 - Used Oil Storage

Current through Register Vol. 48, No. 28, July 12, 2024
A used oil burner is subject to all applicable Spill
				  Prevention, Control and Countermeasures (federal 40 CFR 112 ) in addition to
				  the requirements of this Subpart G. A used oil burner is also subject to the
				  Underground Storage Tank (35 Ill. Adm. Code 731) standards for used oil stored
				  in underground tanks whether or not the used oil exhibits any characteristics
				  of hazardous waste, in addition to the requirements of this Subpart G.
a) Storage Units. A used oil burner may not
				store used oil in units other than tanks, containers, or units subject to
				regulation under 35 Ill. Adm. Code 724 or 725.
b) Condition of Units. The following must be
				true of containers and aboveground tanks used to store used oil at a burner
				facility:
1) The containers must be in good
				condition (no severe rusting, apparent structural defects or deterioration);
				and
2) The containers may not be
				leaking (no visible leaks).
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 739 - STANDARDS FOR THE MANAGEMENT OF USED OIL › Subpart G - STANDARDS FOR USED OIL BURNERS THAT BURN OFF-SPECIFICATION USED OIL FOR ENERGY RECOVERY › Section 739.165 - Tracking

Current through Register Vol. 48, No. 28, July 12, 2024
a) Acceptance. A
				used oil burner must keep a record of each used oil shipment accepted for
				burning. These records may take the form of a log, invoice, manifest, bill of
				lading, or other shipping documents. Records for each shipment must include the
				following information:
1) The name and
				address of the transporter that delivered the used oil to the burner;
2) The name and address of the generator or
				processor from whom the used oil was sent to the burner;
3) The USEPA identification number and
				Illinois special waste identification number of the transporter that delivered
				the used oil to the burner;
4) The
				USEPA identification number and Illinois special waste identification number
				(if applicable) of the generator or processor from whom the used oil was sent
				to the burner;
5) The quantity of
				used oil accepted;
6) The date of
				acceptance; and
7) If the
				transporter has accepted any shipment of mixtures of used oil and materials
				identified in 35 Ill. Adm. Code
				808.121(b)(5) or
				(b)(6), the following:
A) Information stating when and where the
				special waste was generated;
B) The
				classification and quantity of the special waste delivered to the
				transporter;
C) Any special
				handling instructions pertinent to emergency personnel in the event of an
				accident; and
D) A generator's
				certification as follows: "I hereby declare that the contents of this
				consignment are fully and accurately described above by the proper shipping
				name, and are classified, packaged, marked and labeled/placarded, and are in
				all respects in proper condition for transport according to applicable
				international and national governmental regulations. If export shipment and I
				am the Primary Exporter, I certify that the contents of this consignment
				conform to the terms of the attached EPA Acknowledgement of Consent. I certify
				that the waste minimization statement identified in
				40 CFR
				262.27(a) (if I am a large
				quantity generator) or (b) (if I am a small quantity generator) is
				true."
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 739 - STANDARDS FOR THE MANAGEMENT OF USED OIL › Subpart G - STANDARDS FOR USED OIL BURNERS THAT BURN OFF-SPECIFICATION USED OIL FOR ENERGY RECOVERY › Section 739.166 - Notices

Current through Register Vol. 48, No. 28, July 12, 2024
a) Certification.
				Before a burner accepts the first shipment of off-specification used oil fuel
				from a generator, transporter, or processor, the burner must provide to the
				generator, transporter, or processor a one-time written and signed notice
				certifying the following:
1) That the burner
				has notified USEPA stating the location and general description of his used oil
				management activities; and
2) That
				the burner will burn the used oil only in an industrial furnace or boiler
				identified in Section
				739.161(a).
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 739 - STANDARDS FOR THE MANAGEMENT OF USED OIL › Subpart G - STANDARDS FOR USED OIL BURNERS THAT BURN OFF-SPECIFICATION USED OIL FOR ENERGY RECOVERY › Section 739.167 - Management of Residues

Current through Register Vol. 48, No. 28, July 12, 2024
A burner that generates residues from the storage or burning
				  of used oil must manage the residues as specified in Section
				  739.110(e).
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 739 - STANDARDS FOR THE MANAGEMENT OF USED OIL › Subpart H - STANDARDS FOR USED OIL FUEL MARKETERS › Section 739.170 - Applicability

Current through Register Vol. 48, No. 28, July 12, 2024
a) Any person that
				conducts either of the following activities is subject to the requirements of
				this Subpart H:
1) Directs a shipment of
				off-specification used oil from their facility to a used oil burner;
				or
2) First claims that used oil
				that is to be burned for energy recovery meets the used oil fuel specifications
				set forth in Section
				739.111.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 739 - STANDARDS FOR THE MANAGEMENT OF USED OIL › Subpart H - STANDARDS FOR USED OIL FUEL MARKETERS › Section 739.171 - Prohibitions

Current through Register Vol. 48, No. 28, July 12, 2024
A used oil fuel marketer may initiate a shipment of
				  off-specification used oil only to a used oil burner that fulfills the
				  following conditions:
a) Has a USEPA
				identification number and Illinois special waste identification number;
				and
b) Burns the used oil in an
				industrial furnace or boiler identified in Section
				739.161(a).
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 739 - STANDARDS FOR THE MANAGEMENT OF USED OIL › Subpart H - STANDARDS FOR USED OIL FUEL MARKETERS › Section 739.172 - On-Specification Used Oil Fuel

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Analysis of used oil fuel. A generator, transporter, processor, or burner may
				determine that used oil that is to be burned for energy recovery meets the fuel
				specifications of Section
				739.111
				by performing analyses or obtaining copies of analyses or other information
				documenting that the used oil fuel meets the specifications.
b) Record retention. A generator,
				transporter, processor, or burner that first claims that used oil that is to be
				burned for energy recovery meets the specifications for used oil fuel under
				this Part must keep copies of analyses of the used oil (or other information
				used to make the determination) for three years.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 739 - STANDARDS FOR THE MANAGEMENT OF USED OIL › Subpart H - STANDARDS FOR USED OIL FUEL MARKETERS › Section 739.173 - Notification

Current through Register Vol. 48, No. 28, July 12, 2024
a) A used oil fuel
				marketer subject to the requirements of this Section that has not previously
				complied with the notification requirements of RCRA section 3010 must comply
				with these requirements and obtain a USEPA identification number pursuant to
				RCRA section 3010 and an Illinois special waste identification
				number.
b) A used oil marketer that
				has not received a USEPA identification number may obtain one by notifying the
				USEPA Region 5 of its used oil activity by submitting either of the following:
1) A completed Notification of RCRA Subtitle
				C Activities (Site Identification Form) (USEPA Form 8700-12) to the Agency; or
BOARD NOTE: USEPA Form 8700-12 is available from the Agency,
				  Bureau of Land (217-782-6762). It is also available on-line for download in PDF
				  file format:
www.epa.gov/hwgenerators/instructions-and-form-hazardous-waste-generators-transporters-and-treatment-storage-and
.
2) A letter to the Agency
				requesting a USEPA identification number. The letter should include the
				following information:
A) The marketer
				company name;
B) The owner of the
				marketer;
C) The mailing address
				for the marketer;
D) The name and
				telephone number for the marketer point of contact; and
E) The type of used oil activity (i.e.,
				generator directing shipments of off-specification used oil to a
				burner).
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 739 - STANDARDS FOR THE MANAGEMENT OF USED OIL › Subpart H - STANDARDS FOR USED OIL FUEL MARKETERS › Section 739.174 - Tracking

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Off-Specification Used Oil Delivery. Any used oil fuel marketer that directs a
				shipment of off-specification used oil to a burner must keep a record of each
				shipment of used oil to a used oil burner. These records may take the form of a
				log, invoice, manifest, bill of lading or other shipping documents. Records for
				each shipment must include the following information:
1) The name and address of the transporter
				that delivers the used oil to the burner;
2) The name and address of the burner that
				will receive the used oil;
3) The
				USEPA identification number and Illinois special waste identification number of
				the transporter that delivers the used oil to the burner;
4) The USEPA identification number and
				Illinois special waste identification number of the burner;
5) The quantity of used oil
				shipped;
6) The date of shipment;
				and
7) If the transporter has
				accepted any shipment of mixtures of used oil and materials identified in 35
				Ill. Adm. Code
				808.121(b)(5) or
				(b)(6), the following:
A) Information stating when and where the
				special waste was generated;
B) The
				classification and quantity of the special waste delivered to the
				transporter;
C) Any special
				handling instructions pertinent to emergency personnel in the event of an
				accident; and
D) A generator's
				certification as follows: "I hereby declare that the contents of this
				consignment are fully and accurately described above by the proper shipping
				name, and are classified, packaged, marked and labeled/placarded, and are in
				all respects in proper condition for transport according to applicable
				international and national governmental regulations. If export shipment and I
				am the Primary Exporter, I certify that the contents of this consignment
				conform to the terms of the attached EPA Acknowledgement of Consent. I certify
				that the waste minimization statement identified in
				40 CFR
				262.27(a) (if I am a large
				quantity generator) or (b) (if I am a small quantity generator) is
				true."
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 739 - STANDARDS FOR THE MANAGEMENT OF USED OIL › Subpart H - STANDARDS FOR USED OIL FUEL MARKETERS › Section 739.175 - Notices

Current through Register Vol. 48, No. 28, July 12, 2024
a) Certification.
				Before a used oil generator, transporter, or processor directs the first
				shipment of off-specification used oil fuel to a burner, it must obtain a
				one-time written and signed notice from the burner certifying the following:
1) That the burner has notified USEPA stating
				the location and general description of used oil management activities;
				and
2) That the burner will burn
				the off-specification used oil only in an industrial furnace or boiler
				identified in Section
				739.161(a).
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 739 - STANDARDS FOR THE MANAGEMENT OF USED OIL › Subpart I - DISPOSAL OF USED OIL › Section 739.180 - Applicability

Current through Register Vol. 48, No. 28, July 12, 2024
The requirements of this Subpart I apply to all used oils
				  that cannot be recycled and are therefore being disposed of.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 739 - STANDARDS FOR THE MANAGEMENT OF USED OIL › Subpart I - DISPOSAL OF USED OIL › Section 739.181 - Disposal

Current through Register Vol. 48, No. 28, July 12, 2024
a) Disposal of
				hazardous used oils. A used oil that is identified as a hazardous waste and
				which cannot be recycled in accordance with this Part must be managed in
				accordance with the hazardous waste management requirements of 35 Ill. Adm.
				Code 702, 703, and 720 through 728.
b) Disposal of non-hazardous used oils. A
				used oil that is not a hazardous waste and cannot be recycled under this Part
				must be disposed of in accordance with the requirements of 35 Ill. Adm. Code
				807 through 815 and 40 CFR 257 and 258, incorporated by reference in 35 Ill.
				Adm. Code
				720.111(b).
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 740 - SITE REMEDIATION PROGRAM › Subpart A - GENERAL › Section 740.100 - Purpose

Current through Register Vol. 48, No. 28, July 12, 2024
The purposes of this Part are:
a) To establish the procedures for the
				investigative and remedial activities at sites where there is a release,
				threatened release, or suspected release of hazardous substances, pesticides,
				or petroleum and for the review and approval of those activities [415 ILCS
				5/58.1(a)(1) ];
b) To establish procedures to be followed to
				obtain Illinois Environmental Protection Agency review and approval of
				remediation costs before applying for the environmental remediation tax credit
				under Section 201(1) of the Illinois Income Tax Act [35 ILCS
				5/201(1) ]; and
c) To establish and administer a program for
				the payment of remediation costs to be known as the Brownfields Site
				Restoration Program whereby the Agency, with the assistance of the Department
				of Commerce and Economic Opportunity (DCEO) through the program, shall provide
				remediation applicants with financial assistance for the investigation and
				remediation of abandoned or underutilized properties. [415 ILCS
				5/58.15(B)(a)(1) ]
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 740 - SITE REMEDIATION PROGRAM › Subpart A - GENERAL › Section 740.105 - Applicability

Current through Register Vol. 48, No. 28, July 12, 2024
a) The procedures
				set forth in this Part may be used by any person required under the Act or
				electing to perform investigative or remedial activities at a site where there
				is a release, threatened release, or suspected release of hazardous substances,
				pesticides, or petroleum unless:
1) The site
				is on the National Priorities List (Appendix B of 40 CFR 300 );
2) The investigative and remedial activities
				for which Agency review, evaluation and approval are requested are required
				under a current State or federal solid or hazardous waste permit or are closure
				requirements for a solid or hazardous waste treatment, storage or disposal site
				under applicable State or federal laws and implementing regulations;
3) The investigative and remedial activities
				for which Agency review, evaluation and approval are requested are required
				under State or federal underground storage tank laws and implementing
				regulations; or
4) The
				investigative and remedial activities for which Agency review, evaluation and
				approval are requested are required by a federal court order or an order issued
				by the United States Environmental Protection Agency and compliance with this
				Part would be contrary to the terms of that order.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 740 - SITE REMEDIATION PROGRAM › Subpart A - GENERAL › Section 740.110 - Permit Waiver

Current through Register Vol. 48, No. 28, July 12, 2024
A State permit or permit revision which is not otherwise
				  required by federal law or regulations shall not be required for remedial
				  activities undertaken pursuant to the provisions of this Part that occur
				  entirely on the remediation site. (Section 58.4 of the Act)
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 740 - SITE REMEDIATION PROGRAM › Subpart A - GENERAL › Section 740.115 - Agency Authority

Current through Register Vol. 48, No. 28, July 12, 2024
Nothing in this Part shall limit the authority of the Agency
				  to provide notice under subsection (q) of Section 4 of the Act or to undertake
				  investigative, preventive or corrective action under any other applicable
				  provisions of the Act. (Section 58.9(e) of the Act) The Agency may use the
				  procedures of this Part, as appropriate (e.g., service agreements,
				  determination of remediation objectives, and recording requirements), for
				  remediation sites where the Remediation Applicant (RA) is seeking a release
				  pursuant to Section 4(y) of the Act.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 740 - SITE REMEDIATION PROGRAM › Subpart A - GENERAL › Section 740.125 - Incorporations by Reference

Current through Register Vol. 48, No. 28, July 12, 2024
The Board incorporates the following material by reference.
				  These incorporations include no later amendments or editions.
a) ASTM. American Society for Testing
				Materials, 100 Barr Harbor Drive, West Conshohocken, PA 19428-2959. (610)
				299-5400
ASTM E 1527-00, Standard Practice for Environmental Site
				  Assessments: Phase I Environmental Site Assessment Process, vol. 11.04,
				  approved May 10, 2000.
b)
				U.S. Government Printing Office, Superintendent of Documents, Washington, D.C.
				20402. (202) 783-3238
"Test Methods for Evaluating Solid Wastes, Physical/Chemical
				  Methods," USEPA Publication No. SW-846 (Third Edition (September 1986), as
				  amended by Updates I, IIA, III, and IIIA (April 1998)). Doc. No.
				  955-001-00000-1.
c) NTIS.
				National Technical Information Service, 5285 Port Royal Road, Springfield, VA
				22161. (703) 605-6000 or 1-800-553-6847
"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).
d) United States
				Environmental Protection Agency, Office of Emergency and Remedial Response,
				Washington, D.C. 20460.
"A Compendium of Superfund Field Operations Methods,"
				  EPA/540/0-87-001, OSWER Directive 9355.0 -14 (December 1987);
"Subsurface Characterization and Monitoring Techniques: A
				  Desk Reference Guide, Volume I: Solids and Ground Water, Appendices A and B,"
				  EPA/625/R-93/003a (May 1993);
"Subsurface Characterization and Monitoring Techniques: A
				  Desk Reference Guide, Volume II: The Vadose Zone, Field Screening and
				  Analytical Methods, Appendices C and D," EPA/625/R-93/003b (May
				  1993).
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 740 - SITE REMEDIATION PROGRAM › Subpart A - GENERAL › Section 740.130 - Severability

Current through Register Vol. 48, No. 28, July 12, 2024
If any Section, subsection, sentence or clause of this Part
				  is judged invalid, such adjudication shall not affect the validity of this Part
				  as a whole or any Section, subsection, sentence or clause thereof not judged
				  invalid.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 740 - SITE REMEDIATION PROGRAM › Subpart B - APPLICATIONS AND AGREEMENTS FOR REVIEW AND EVALUATION SERVICES › Section 740.200 - General

Current through Register Vol. 48, No. 28, July 12, 2024
This Subpart sets forth the requirements to be followed by
				  Remediation Applicants (RA) in applying for review and evaluation services from
				  the Agency, provides for approval or denial of applications by the Agency, and
				  sets forth the requirements to be followed in entering into or terminating
				  agreements to provide review and evaluation services and any related services
				  that the RA may request.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 740 - SITE REMEDIATION PROGRAM › Subpart B - APPLICATIONS AND AGREEMENTS FOR REVIEW AND EVALUATION SERVICES › Section 740.205 - Submittal of Application and Agreement

Current through Register Vol. 48, No. 28, July 12, 2024
Site Remediation Program Applications (Applications) and
				  Review and Evaluation Services Agreements (Agreements) shall be submitted to
				  the Agency on forms prescribed and provided by the Agency with attachments as
				  necessary. Applications and Agreements may be combined into one form.
				  Applications and Agreements shall be mailed or delivered to the address
				  designated by the Agency on the forms. Requests that are hand-delivered shall
				  be delivered during the Agency's normal business hours.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 740 - SITE REMEDIATION PROGRAM › Subpart B - APPLICATIONS AND AGREEMENTS FOR REVIEW AND EVALUATION SERVICES › Section 740.215 - Approval or Denial of Application and Agreement

Current through Register Vol. 48, No. 28, July 12, 2024
a) The Agency shall have 30 days from the
				receipt of an Application to approve or deny the Application. The Agency's
				record of the date of receipt of an Application shall be deemed conclusive
				unless a contrary date is proved by a dated, signed receipt from the Agency or
				certified or registered mail. Reasons for denial of an Application shall
				include, but not be limited to, the following:
1) The application is deemed
				incomplete;
2) The remediation site
				or the investigative and remedial activities requested by the RA do not satisfy
				the applicability requirements set forth at Section
				740.105
				of this Part; or
3) The Agency does
				not have the resources available to provide review and evaluation services as
				requested in the Application.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 740 - SITE REMEDIATION PROGRAM › Subpart B - APPLICATIONS AND AGREEMENTS FOR REVIEW AND EVALUATION SERVICES › Section 740.220 - Acceptance and Modification of Application and Agreement

Current through Register Vol. 48, No. 28, July 12, 2024
a) A signed Agreement shall become effective
				upon approval by the Agency of the Application and the receipt of the advance
				partial payment in an amount determined under Section
				740.210(c)
				of this Part.
b) Upon approval of
				the Application and receipt of the signed Agreement and advance partial
				payment, recordkeeping for services conducted by the Agency shall be initiated
				as provided in Subpart C of this Part.
c) Modifications to the Application or
				Agreement shall be by mutual agreement of the parties and may be initiated by
				the RA or the Agency at any time. All modifications to the Application or
				Agreement shall be in writing and shall become effective upon signing by the RA
				and acceptance by the Agency unless another date is provided in the
				modification.
d) If the Agency
				denies any request for modifications to the Application or Agreement, the RA
				may file an appeal within 35 days after receipt of notice of the Agency's
				denial. Appeals to the Board shall be in the manner provided for the review of
				permit decisions in Section 40 of the Act. If any request for modifications to
				the Application or Agreement is denied, in lieu of an immediate appeal to the
				Board, the RA may either resubmit the request for modification to the Agency or
				file a joint request for a 90-day extension in the manner provided for
				extensions of permit decisions in Section 40 of the Act [415 ILCS
				5/40 ].
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 740 - SITE REMEDIATION PROGRAM › Subpart B - APPLICATIONS AND AGREEMENTS FOR REVIEW AND EVALUATION SERVICES › Section 740.225 - Termination of Agreement by the Remediation Applicant (RA)

Current through Register Vol. 48, No. 28, July 12, 2024
a) An RA requesting services under this Part
				may, at any time, notify the Agency, in writing, that Agency services
				previously requested are no longer wanted. Within 180 days after receipt of the
				notice, the Agency shall provide the RA with a final invoice for services
				provided until the date of receipt of such notification. (Section 58.7(b)(3) of
				the Act)
b) Within 45 days after
				the receipt of a final invoice prepared under subsection (a) above and Section
				740.310 of
				this Part, the RA shall submit full payment to the Agency for any unpaid
				oversight costs the Agency has identified in the invoice. Submittal and manner
				of payment shall be as provided under Sections
				740.315 and
				740.320 of this
				Part.
c) Upon finding that the RA
				has paid all oversight costs, the Agency shall notify the RA in writing by
				certified mail, return receipt requested, that the Agreement is
				terminated.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 740 - SITE REMEDIATION PROGRAM › Subpart B - APPLICATIONS AND AGREEMENTS FOR REVIEW AND EVALUATION SERVICES › Section 740.230 - Termination of Agreement by the Agency

Current through Register Vol. 48, No. 28, July 12, 2024
a) The Agency may terminate the Review and
				Evaluation Services Agreement if the RA:
1)
				Fails to comply with the requirements of Title XVII of the Act or this
				Part;
2) Violates any terms or
				conditions or fails to fulfill any obligations of the Agreement;
3) Fails to proceed in a timely and
				appropriate manner consistent with the schedule set forth in the Application,
				Remedial Action Plan, or as subsequently modified by agreement with the Agency;
				or
4) Fails to address an imminent
				and substantial threat to human life, health or the environment in a timely and
				effective manner.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 740 - SITE REMEDIATION PROGRAM › Subpart B - APPLICATIONS AND AGREEMENTS FOR REVIEW AND EVALUATION SERVICES › Section 740.235 - Use of Review and Evaluation Licensed Professional Engineer (RELPE)

Current through Register Vol. 48, No. 28, July 12, 2024
An RA may elect to contract with a Licensed Professional
				  Engineer who will perform review and evaluation services on behalf of and under
				  the direction of the Agency relative to the site activities. (Section 58.7(c)
				  of the Act)
a) Prior to entering into
				a contract with an RA under this Part, the Review and Evaluation Licensed
				Professional Engineer (RELPE) shall provide the RA with the information
				detailed in Part 740.Appendix B.
b)
				Prior to entering into the contract with the RELPE, the RA shall notify the
				Agency of the RELPE to be selected. In making the notification, the RA shall
				submit the information detailed in Part 740.Appendix B as provided by the
				RELPE. The Agency and the RA shall discuss the potential terms of the contract.
				(Section 58.7(c)(1) of the Act)
c)
				At a minimum, the contract with the RELPE shall provide that the RELPE will
				submit any plans or reports directly to the Agency, will take his or her
				directions for work assignments from the Agency, and will perform the assigned
				work on behalf of the Agency. (Section 58.7(c)(2) of the Act)
1) The contract with the RELPE shall set
				forth the scope of work for which the RA has engaged the RELPE and the
				effective date of the contract.
2)
				Costs incurred by the RELPE shall be paid directly to the RELPE by the RA as
				provided in the contractual agreement between the RA and the RELPE.
3) The Agency shall not be liable for any
				activities conducted by the RELPE or for any costs incurred by the
				RELPE.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 740 - SITE REMEDIATION PROGRAM › Subpart C - RECORDKEEPING, BILLING AND PAYMENT › Section 740.300 - General

Current through Register Vol. 48, No. 28, July 12, 2024
This Subpart sets forth the requirements to be followed in
				  requesting and submitting payments for Agency costs incurred under this
				  Part.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 740 - SITE REMEDIATION PROGRAM › Subpart C - RECORDKEEPING, BILLING AND PAYMENT › Section 740.305 - Recordkeeping for Agency Services

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Costs incurred by the Agency shall be tracked within the Agency by the use of
				site-specific codes. The following types of costs shall be documented as
				applicable:
1) Personal services costs and
				indirect costs;
2) Agency travel
				costs;
3) Professional and artistic
				services contractual costs;
4)
				Laboratory costs;
5) Other
				contractual costs; and
6) Other
				costs as agreed.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 740 - SITE REMEDIATION PROGRAM › Subpart C - RECORDKEEPING, BILLING AND PAYMENT › Section 740.310 - Request for Payment

Current through Register Vol. 48, No. 28, July 12, 2024
a) The Agency
				shall prepare a written request for payment for costs incurred for services
				provided under the Agreement. Costs shall be documented, and the documentation
				shall be made available to the RA upon written request. Requests for payment
				shall be submitted to the RA no more than quarterly unless the request is at
				the conclusion or termination of an Agreement.
b) The first request for payment shall
				reflect the deduction of any advance partial payment from the costs incurred. A
				request for payment shall not be sent until the advance partial payment has
				been depleted.
c) Within 35 days
				after the receipt of a request for payment, the RA may appeal the
				reasonableness of any request for payment. Appeals of any request which do not
				exceed, in the aggregate, the Agency's cost estimate provided under Section
				740.210(c)(5)
				 or $5,000, whichever is greater, shall be
				limited to the grounds that the services on which the request is based were not
				actually performed. Appeals to the Board shall be in the manner provided for
				the review of permit decisions in Section 40 of the Act. In lieu of an
				immediate appeal to the Board, the RA may file a joint request for a 90-day
				extension of the time to file an appeal in the manner provided for extensions
				of permit decisions in Section 40 of the Act [415 ILCS
				5/40 ].
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 740 - SITE REMEDIATION PROGRAM › Subpart C - RECORDKEEPING, BILLING AND PAYMENT › Section 740.315 - Submittal of Payment

Current through Register Vol. 48, No. 28, July 12, 2024
Unless appealed in accordance with Section
				  740.310(c)
				  of this Part, payments for costs incurred by the Agency for the performance of
				  services under this Part shall be submitted to the Agency within 45 days after
				  receipt of the request for payment, except for advance partial payments, which
				  may be submitted along with the Application and Agreement or subsequent to the
				  receipt of the Agency's determination under Section
				  740.210(b)(2)(E)(ii)
				   of this Part.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 740 - SITE REMEDIATION PROGRAM › Subpart C - RECORDKEEPING, BILLING AND PAYMENT › Section 740.320 - Manner of Payment

Current through Register Vol. 48, No. 28, July 12, 2024
Payment shall be made by check or money order made payable to
				  "Treasurer - State of Illinois, For Deposit in the Hazardous Waste Fund." The
				  check or money order shall include the Illinois inventory identification number
				  and the Federal Employer Identification Number or Social Security Number of the
				  RA entering into an Agreement under this Part. Payment shall be mailed or
				  delivered to the address designated by the Agency in the request for payment.
				  Payments that are hand-delivered shall be delivered during the Agency's normal
				  business hours.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 740 - SITE REMEDIATION PROGRAM › Subpart D - SITE INVESTIGATIONS, DETERMINATION OF REMEDIATION OBJECTIVES, PREPARATION OF PLANS AND REPORTS › Section 740.400 - General

Current through Register Vol. 48, No. 28, July 12, 2024
This Subpart sets forth the requirements for site
				  investigations, determination of remediation objectives, and the form and
				  content of plans and reports submitted to the Agency under this
				  Part.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 740 - SITE REMEDIATION PROGRAM › Subpart D - SITE INVESTIGATIONS, DETERMINATION OF REMEDIATION OBJECTIVES, PREPARATION OF PLANS AND REPORTS › Section 740.405 - Conduct of Site Activities and Preparation of Plans and Reports by Licensed Professional Engineer (LPE)

Current through Register Vol. 48, No. 28, July 12, 2024
All remediation site activities shall be conducted by, or
				  under the supervision of, a Licensed Professional Engineer (LPE). All plans and
				  reports submitted for review and evaluation shall be prepared by, or under the
				  supervision of, an LPE.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 740 - SITE REMEDIATION PROGRAM › Subpart D - SITE INVESTIGATIONS, DETERMINATION OF REMEDIATION OBJECTIVES, PREPARATION OF PLANS AND REPORTS › Section 740.410 - Form and Delivery of Plans and Reports, Signatories and Certifications

Current through Register Vol. 48, No. 28, July 12, 2024
a) All plans and
				reports prepared under this Part shall be submitted to the Agency on forms
				prescribed and provided by the Agency with attachments and accompanying
				documentation as necessary. Plans and reports shall be mailed or delivered to
				the address designated by the Agency on the forms. Plans and reports that are
				hand-delivered to the Agency shall be delivered during the Agency's normal
				business hours.
b) All plans and
				reports submitted to the Agency shall include:
1) The full legal name, address and telephone
				number of the Remediation Applicant (RA) or any authorized agent acting on
				behalf of the RA, and any contact persons to whom inquiries and correspondence
				must be addressed;
2) The original
				signature of the RA or of any authorized agent acting on behalf of the
				RA;
3) The name of the LPE
				responsible for site activities and preparation of the plan or report, the date
				of preparation, registration number, license expiration date, and professional
				seal; and
4) Except as provided in
				subsection (c) of this Section, the LPE responsible for the site
				investigations, remedial activities, and preparation of the plans or reports
				shall affirm by original signature as follows:
"I attest that all site investigations or remedial
				  activities, including review of laboratory data, that are the subject of this
				  plan or report were performed under my direction and this document and all
				  attachments were prepared under my direction or reviewed by me, and, to the
				  best of my knowledge and belief, the work described in the plan or report has
				  been designed or completed in accordance with the Act, 35 Ill. Adm. Code 740,
				  and generally accepted engineering practices, and the information presented,
				  including any qualified laboratory data, is accurate and complete."
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 740 - SITE REMEDIATION PROGRAM › Subpart D - SITE INVESTIGATIONS, DETERMINATION OF REMEDIATION OBJECTIVES, PREPARATION OF PLANS AND REPORTS › Section 740.430 - Focused Site Investigation

Current through Register Vol. 48, No. 28, July 12, 2024
The focused site investigation shall be performed where the
				  RA has specified limitations on the recognized environmental conditions or
				  contaminants of concern to be covered by the No Further Remediation Letter. At
				  a minimum the focused site investigation shall include:
a) A remediation site evaluation to identify
				the following features as relevant to the focus of the investigation:
1) Current and post-remediation use(s) of the
				remediation site and surrounding areas that are immediately adjacent to the
				remediation site;
2) Physical
				setting including features relevant to geologic, hydrogeologic, hydrologic, and
				topographic conditions; structures or other improvements on the remediation
				site; public thoroughfares adjoining the remediation site, as well any roads,
				streets, and parking facilities on the remediation site; utilities located on
				or adjacent to the remediation site; source of potable water supply; and sewage
				disposal system;
3) The presence of
				containers and storage tanks containing the selected contaminants of concern,
				including contents, and assessment of leakage or potential for leakage;
				and
4) Any other environmental,
				geologic, geographic, hydrologic or physical conditions of concern at the
				remediation site and surrounding areas immediately adjacent to the remediation
				site;
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 740 - SITE REMEDIATION PROGRAM › Subpart D - SITE INVESTIGATIONS, DETERMINATION OF REMEDIATION OBJECTIVES, PREPARATION OF PLANS AND REPORTS › Section 740.440 - Determination of Remediation Objectives

Current through Register Vol. 48, No. 28, July 12, 2024
a) If the site investigation reveals evidence
				of the existence of one or more contaminants of concern, the RA shall develop
				remediation objectives in accordance with 35 Ill. Adm. Code 742 or other
				remediation measures as appropriate (e.g., removal of drums threatening a
				release).
b) Where there will be no
				reliance on an institutional control to achieve compliance, or where an
				institutional control will be relied upon to limit site use to
				industrial/commercial use, compliance with remediation objectives shall be
				demonstrated as follows:
1) For groundwater
				remediation objectives:
A) Sampling points
				shall be located on the remediation site in areas where, following site
				investigation under Subpart D of this Part, concentrations of contaminants of
				concern exceeded remediation objectives.
B) Compliance with the groundwater
				remediation objectives at applicable sampling points shall be determined in
				accordance with 35 Ill. Adm. Code
				742.225.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 740 - SITE REMEDIATION PROGRAM › Subpart D - SITE INVESTIGATIONS, DETERMINATION OF REMEDIATION OBJECTIVES, PREPARATION OF PLANS AND REPORTS › Section 740.445 - Remediation Objectives Report

Current through Register Vol. 48, No. 28, July 12, 2024
The Remediation Objectives Report shall address the
				  recognized environmental condition(s) and related contaminants of concern that
				  were identified in the site investigation conducted pursuant to this
				  Part.
a) If an exposure route is to be
				excluded, the RA shall prepare a Remediation Objectives Report demonstrating
				that the requirements for excluding an exposure route under 35 Ill. Adm. Code
				742 have been satisfied.
b) If the
				RA elects to use the Tier 1 remediation objectives under 35 Ill. Adm. Code 742,
				the RA shall prepare a Remediation Objectives Report stating the applicable
				remediation objectives for the contaminants of concern.
c) If the RA elects to develop remediation
				objectives appropriate for the remediation site using Tier 2 or Tier 3
				procedures under 35 Ill. Adm. Code 742, the RA shall prepare a Remediation
				Objectives Report demonstrating compliance with those procedures.
d) If the RA elects to develop remediation
				objectives appropriate for the remediation site using the area background
				procedures under 35 Ill. Adm. Code 742, the RA shall prepare a Remediation
				Objectives Report demonstrating compliance with those procedures.
e) If the recognized environmental condition
				requires remediation measures other than, or in addition to, remediation
				objectives determined under 35 Ill. Adm. Code 742 (e.g., removal of drums
				threatening a release), the Remediation Objectives Report shall describe those
				measures and demonstrate that the measures selected:
1) Will prevent or eliminate the identified
				threat to human health and the environment;
2) Are technically feasible and can be
				implemented without creating additional threats to human health and the
				environment; and
3) Are not
				inconsistent with the Act and applicable regulations.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 740 - SITE REMEDIATION PROGRAM › Subpart D - SITE INVESTIGATIONS, DETERMINATION OF REMEDIATION OBJECTIVES, PREPARATION OF PLANS AND REPORTS › Section 740.450 - Remedial Action Plan

Current through Register Vol. 48, No. 28, July 12, 2024
If the approved remediation objectives for any regulated
				  substance of concern established under Sections
				  740.440
				  and
				  740.445
				  of this Part are less than the levels at the remediation site prior to any
				  remedial action, the RA shall prepare a Remedial Action Plan. The plan shall
				  describe the proposed remedy and evaluate its ability and effectiveness to
				  achieve the remediation objectives approved for the remediation site
				  [415 ILCS
				  5/58.6(d) ], including but not
				  limited to:
a) Executive summary. This
				chapter shall identify the objectives of the Remedial Action Plan and the
				technical approach utilized to meet such objectives. At a minimum, this chapter
				shall include the following elements:
1) The
				major components (e.g., treatment, containment, removal actions) of the
				Remedial Action Plan;
2) The scope
				of the problems to be addressed by the proposed remedial action(s) including
				the specific contaminants of concern and the physical area to be addressed by
				the Remedial Action Plan; and
3)
				Schedule of activities with estimated dates of completion through the recording
				of the No Further Remediation Letter or execution of an IDOT Memorandum of
				Agreement (MOA) under Section
				740.621
				of this Part or a LUC MOA under Section
				740.622
				of this Part;
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 740 - SITE REMEDIATION PROGRAM › Subpart D - SITE INVESTIGATIONS, DETERMINATION OF REMEDIATION OBJECTIVES, PREPARATION OF PLANS AND REPORTS › Section 740.455 - Remedial Action Completion Report

Current through Register Vol. 48, No. 28, July 12, 2024
a) Except as provided in subsection (b)
				below, upon completion of the Remedial Action Plan, the RA shall prepare a
				Remedial Action Completion Report. The report shall demonstrate whether the
				remedial action was completed in accordance with the approved Remedial Action
				Plan and whether the remediation objectives, as well as any other requirements
				of the plan, have been attained. [415 ILCS
				5/58.6(e)(1) ] The report shall
				include, but not be limited to:
1) Executive
				summary. This chapter shall identify the overall objectives of the remedial
				action and the technical approach utilized to meet those objectives, including:
A) A brief description of the remediation
				site, including the recognized environmental conditions, the contaminants of
				concern, the contaminated media, and the extent of contamination;
B) The major components of the Remedial
				Action Completion Report;
C) The
				scope of the problems corrected or mitigated by the proposed remedial
				action(s); and
D) The anticipated
				post-remediation uses of the remediation site and areas immediately adjacent to
				the remediation site;
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 740 - SITE REMEDIATION PROGRAM › Subpart E - SUBMITTAL AND REVIEW OF PLANS AND REPORTS › Section 740.500 - General

Current through Register Vol. 48, No. 28, July 12, 2024
This Subpart sets forth the requirements for the review of
				  plans and reports submitted under this Part. All plans and reports shall
				  satisfy the requirements for form and delivery set forth in Section
				  740.410
				  of this Part.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 740 - SITE REMEDIATION PROGRAM › Subpart E - SUBMITTAL AND REVIEW OF PLANS AND REPORTS › Section 740.505 - Reviews of Plans and Reports

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				All reviews carried out under this Part shall be carried out by the Agency or a
				RELPE, both under the direction of aLicensed Professional Engineer. (Section
				58.7(d) of the Act)
b) Plans,
				reports and related activities which the Agency or a RELPE may review include,
				but are not limited to:
1) Site Investigation
				Reports and related activities;
2)
				Remediation Objectives Reports;
3)
				Remedial Action Plans and related activities; and
4) Remedial Action Completion Reports and
				related activities. (Section 58.7(d)(2) of the Act)
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 740 - SITE REMEDIATION PROGRAM › Subpart E - SUBMITTAL AND REVIEW OF PLANS AND REPORTS › Section 740.510 - Standards for Review of Site Investigation Reports and Related Activities

Current through Register Vol. 48, No. 28, July 12, 2024
When reviewing Site Investigation Reports and related
				  activities, the Agency or the RELPE shall consider:
a) Whether the report is complete and has
				been accompanied by the information and supporting documentation necessary to
				evaluate the site investigation activities;
b) Whether the site investigation has been
				conducted in accordance with the procedures set forth in Title XVII of the Act
				and Subpart D of this Part, including but not limited to:
1) Whether a comprehensive site investigation
				has been designed and implemented in accordance with Section
				740.420
				of this Part;
2) Whether a focused
				site investigation has been designed and implemented in accordance with Section
				740.430
				of this Part; and
3) Whether all
				sampling and analysis activities have been conducted in accordance with Section
				740.415
				of this Part; and
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 740 - SITE REMEDIATION PROGRAM › Subpart E - SUBMITTAL AND REVIEW OF PLANS AND REPORTS › Section 740.515 - Standards for Review of Remediation Objectives Reports

Current through Register Vol. 48, No. 28, July 12, 2024
When reviewing Remediation Objectives Reports, the Agency or
				  the RELPE shall consider:
a) Whether
				the report is complete and has been accompanied by the information and
				supporting documentation necessary to determine whether the remediation
				objectives have been determined in accordance with 35 Ill. Adm. Code 742 and
				whether any other remediation objectives or remediation measures are necessary
				to minimize or eliminate any remaining risk presented by contaminants of
				concern;
b) Whether the remediation
				objectives are consistent with the requirements of the applicable method for
				selecting or determining remediation objectives (Section 58.7(e)(2) of the
				Act), including but not limited to:
1) If
				exposure routes have been excluded under 35 Ill. Adm. Code 742.Subpart C:
A) Whether the requirements for the exclusion
				of exposure routes under 35 Ill. Adm. Code 742 have been satisfied;
				and
B) Whether engineered barriers
				and institutional controls, if relied on for the exclusion of exposure routes,
				satisfy the requirements of 35 Ill. Adm. Code 742.