Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 750 - ILLINOIS HAZARDOUS SUBSTANCES POLLUTION CONTINGENCY PLAN › Subpart A - INTRODUCTION › Section 750.105 - Definitions

Current through Register Vol. 48, No. 28, July 12, 2024
Terms not defined in this section have the meaning given by
				  the Act and Board regulations unless otherwise defined by CERCLA.
"ACT" means the Environmental Protection Act. (Ill. Rev.
				  Stat. 1983 ch. 1111/2, par. 1022.)
"BOARD" means the Illinois Pollution Control Board.
"CERCLA" means the Comprehensive Environmental Response,
				  Compensation, and Liability Act of 1980, as amended (
				  42
				  U.S.C. 9601 et seq.).
"Claim" means a demand in writing for a sum certain.
"Claimant" means any person who presents a claim for
				  compensation under Section 22.2 of the Act.
"Director" means the Director of the Illinois Environmental
				  Protection Agency.
"Drinking water supply" means any raw or finished water
				  source that is or may be used by a public water system (as defined in the Safe
				  Drinking Water Act of 1974, as amended (
				  42 U.S.C.
				  300 et seq.), or as drinking water by one or
				  more individuals.
"Environment" means any surface water, ground water, drinking
				  supply, land surface and subsurface strata, or ambient air within the State or
				  under the jurisdiction of the State.
"Facility" means:
Any building, structure, installation, equipment, pipe or
				  pipeline (including any pipe into a sewer or publicly owned treatment works),
				  well, pit, pond, lagoon, impoundment, ditch, landfill, storage container, motor
				  vehicle, rolling stock, or aircraft; or
Any site or area where a hazardous substance has been
				  deposited, stored, disposed of or placed, or otherwise come to be located; but
				  does not include any consumer product in consumer use or any vessel.
"Federally permitted release" means:
Discharges in compliance with a permit under Section 402 of
				  the Federal Water Pollution Control Act, as amended ( 33 U.S.C. 466 et
				  seq.);
Discharges resulting from circumstances identified and
				  reviewed and made part of the public record with respect to a permit issued or
				  modified under Section 402 of the Federal Water Pollution Control Act, as
				  amended ( 33 U.S.C. 466 et seq.) and subject to a condition of such
				  permit;
Continuous or anticipated intermittent discharges from a
				  point source, identified in a permit or permit application under Section 402 of
				  the Federal Water Pollution Control Act, as amended ( 33 U.S.C. 466 et seq.),
				  which are caused by events occurring within the scope of relevant operating or
				  treatment systems;
Discharges in compliance with a legally enforceable permit
				  under Section 404 of the Federal Water Pollution Control Act, as amended ( 33
				  U.S.C. 466 et seq.);
Releases in compliance with a legally enforceable final
				  permit issued pursuant to Section 3005 (a) through (d) of the Solid Waste
				  Disposal Act, as amended (
				  42 U.S.C.
				  6901 et seq.) from a hazardous waste
				  treatment, storage, or disposal facility when such permit specifically
				  identifies the hazardous substances and makes such substances subject to a
				  standard of practice, control procedure or bioassay limitation or condition, or
				  other control on the hazardous substances in such releases;
Any release in compliance with a legally enforceable permit
				  issued under Section 102 or Section 103 of the Marine Protection, Research and
				  Sanctuaries Act of 1972, as amended (
				  33 U.S.C.
				  1445 et seq.);
Any injection of fluids authorized under Federal underground
				  injection control programs or State programs submitted for Federal approval
				  (and not disapproved by the Administrator of EPA) pursuant to part C of the
				  Safe Drinking Water Act, as amended (
				  42 U.S.C.
				  300 et seq.);
Any emission into the air subject to a permit or control
				  regulation under Section 111, Section 112, Title 1 Part C or Title 1 Part D of
				  the Clean Air Act, as amended ( 42 U.S.C. 1857 et seq.) or State implementation
				  plans submitted in accordance with Section 110 of the Clean Air Act, as amended
				  ( 42 U.S.C. 1857 et seq.) (and not disapproved by the Administrator of EPA),
				  including any schedule or waiver granted, promulgated, or approved under these
				  sections;
Any injection of fluids or other materials authorized under
				  applicable State law:
For the purpose of stimulating or treating wells for the
				  production of crude oil, natural gas, or water;
For the purpose of secondary, tertiary, or other enhanced
				  recovery of crude oil or natural gas; or
Which are brought to the surface in conjunction with the
				  production of crude oil or natural gas and which are reinjected.
The introduction of any pollutant into a publicly-owned
				  treatment works when such pollutant is specified in and in compliance with
				  applicable pretreatment standards of Section 307 (b) or (c) of the Clean Water
				  Act, as amended ( 33 U.S.C. 466 et seq.) and enforceable requirements in a
				  pretreatment program submitted by a State or municipality for Federal approval
				  under Section 402 of such Act; and
Any release of source, special nuclear, or by-product
				  material, as those terms are defined in the Atomic Energy Act of 1954, as
				  amended (
				  42 U.S.C.
				  2011 et seq.), in compliance with a legally
				  enforceable license, permit, regulation, or order issue pursuant to the Atomic
				  Energy Act of 1954, as amended (
				  42 U.S.C.
				  2011 et seq.).
"Fund" means the Hazardous Waste Fund established by Section
				  22.2 of the Act.
"Groundwater" means water in a saturated zone or stratum
				  beneath the surface of land or water.
"Hazardous substance" means:
Any substance designated pursuant to Section 311(b) (2)(A) of
				  the Clean Water Act, as amended ( 33 U.S.C. 466 et seq.);
Any element, compound, mixture, solution, or substance
				  designated pursuant to Section 102 of CERCLA, as amended (
				  42
				  U.S.C. 9601 et seq.);
Any hazardous waste;
Any toxic pollutant listed under Section 307(a) of the Clean
				  Water Act, as amended ( 33 U.S.C. 466 et seq.);
Any hazardous air pollutant listed under Section 112 of the
				  Clean Air Act, as amended ( 42 U.S.C. 1857 et seq.); and
Any imminently hazardous chemical substance or mixture with
				  respect to which the Administrator has taken action pursuant to Section 7 of
				  the Toxic Substances Control Act, as amended (
				  15 U.S.C.
				  2601 et seq.). The term does not include
				  petroleum, including crude oil or any fraction thereof which is not otherwise
				  specifically listed or designated as a hazardous substance under this
				  definition and the term does not include natural gas, natural gas liquids,
				  liquified natural gas or synthetic gas usable for fuel (or mixtures of natural
				  gas and such synthetic gas).
"IDL" means the Illinois Department of Labor.
"IDNS" means the Illinois Department of Nuclear
				  Safety.
"IEPA" means the Illinois Environmental Protection
				  Agency.
"IESDA" means the Illinois Emergency Services and Disaster
				  Agency.
"Inland zone" means the environment inland of the coastal
				  zone.
"Local Government" means a "unit of local government" as
				  defined in Article VII of the Constitution of the State of Illinois, that is,
				  counties, municipalities, townships, special districts, and units, designated
				  as units of local government by law, which exercise limited governmental powers
				  or powers in respect to limited governmental subjects, but does not include
				  school districts.
"Natural Resources" means land, fish, wildlife, biota, air,
				  water, groundwater, drinking water supplies, and other such resources belonging
				  to, managed by, held in trust by, appertaining to, or otherwise controlled by
				  the United States (including the resources of fishery conservation zones
				  established by the Fishery Conservation and Management Act of 1976, as amended
				  (
				  16 U.S.C.
				  1801 et seq.), the State of Illinois, or any
				  State or local government or any foreign government.
"Offshore facility" means any facility which is subject to
				  the jurisdiction of the State and is located in, on or under water, other than
				  a vessel or a public vessel.
"Onshore facility" means any facility (including, but not
				  limited to motor vehicles and rolling stock) located in, on, or under any land
				  or non-navigable waters within the State.
"Person" means an individual, firm, corporation, association,
				  partnership, consortium, joint venture, commercial entity, U.S. Government,
				  state, municipality, commission, political subdivision of a state, or any
				  interstate body.
"Plan" means the Illinois Hazardous Substances Pollution
				  Contingency Plan.
"Pollutant or contaminant" shall include, but not be limited
				  to, any element, substance, compound, or mixture, including disease causing
				  agents, which after release into the environment and upon exposure, ingestion,
				  inhalation, or assimilation into any organism, either directly from the
				  environment or indirectly by ingesting through food chains, will or may
				  reasonably be anticipated to cause death, disease, behavioral abnormalities,
				  cancer, genetic mutation, physiological malfunctions (including malfunctions in
				  reproduction) or physical deformation, in such organisms or their offsprings.
				  The term does not include petroleum, including crude oil and any fraction
				  thereof which is not otherwise specifically listed or designated as a hazardous
				  substance under Section 101 (14)(A) through (F) of CERCLA, as amended (
				  42
				  U.S.C. 9601 et seq.), nor does it include
				  natural gas, liquified natural gas, or synthetic gas of pipeline quality (or
				  mixtures of natural gas and synthetic gas).
"Release" means any spilling, leaking, pumping, pouring,
				  emitting, emptying, discharging, injecting, escaping, leaching, dumping, or
				  disposing into the environment, but excludes:
Any release which results in exposure to person solely within
				  a workplace, with respect to a claim which such persons may assert against the
				  employer of such persons;
Emissions from the engine exhaust of a motor vehicle, rolling
				  stock, aircraft, vessel, or pipeline pumping station engine;
Release of source, by-product or special nuclear material
				  from a nuclear incident, as those terms are defined in the Atomic Energy Act of
				  1954, as amended (
				  42 U.S.C.
				  2011 et seq.), if such release is subject to
				  requirements with respect to financial protection established by the Nuclear
				  Regulatory Commission under Section 170 of such Act; and
The normal application of fertilizer. For the purposes of
				  this Plan, release also means substantial threat of a release.
"Remove" or "Removal" means the clean-up or removal of
				  released hazardous substances from the environment; such actions as may be
				  necessary taken in the event of the threat of release of hazardous substances
				  into the environment; such actions as may be necessary to monitor, assess, and
				  evaluate the release or threat of release of hazardous substances; the disposal
				  of removed material; or the taking or such other actions as may be necessary to
				  prevent, minimize, or mitigate damage to the public health or welfare or the
				  environment, which may otherwise result from such release or threat of release.
				  The term includes, in addition, without being limited to, security fencing or
				  other measures to limit access, provision of alternative water supplies,
				  temporary evacuation and housing of threatened individuals, and any emergency
				  assistance which may be provided under the Illinois Emergency Services and
				  Disaster Agency Act of 1975, as amended (Ill. Rev. Stat. 1983, ch. 127, pars.
				  1101 et seq.) or any other law.
"Remedy" or "Remedial Action" means those actions consistent
				  with permanent remedy taken instead of, or in addition to, removal action in
				  the event of a release or threatened released of a hazardous substance into the
				  environment, to prevent or minimize the release of hazardous substances so that
				  they do not migrate to cause substantial danger to present or future public
				  health or welfare or the environment. The term includes, but is not limited to,
				  such actions at the location of the release as storage, confinement, perimeter
				  protection using dikes, trenches, or ditches, clay cover, neutralization,
				  clean-up of released hazardous substances or contaminated materials, recycling
				  or reuse, diversion destruction, segregation or reactive wastes, dredging or
				  excavations, repair or replacement of leaking containers, collection of
				  leachate and runoff, on-site treatment or incineration, provision of
				  alternative water supplies, and any monitoring reasonably required to assure
				  that such actions protect the public health and welfare and the environment.
				  The term includes the costs of permanent relocation of residents and businesses
				  and community facilities where the Governor and the Director determine that,
				  alone or in combination with other measures, such relocation is more
				  cost-effective than and environmentally preferable to the transportation,
				  storage treatment, destruction, or secure disposition off-site of hazardous
				  substances or may otherwise be necessary to protect the public health or
				  welfare. The term does not include off-site transport of hazardous substances,
				  or the storage, treatment, destruction, or secure disposition off-site of such
				  hazardous substances or contaminated materials unless the Governor and the
				  Director determine that such actions:
Are more cost-effective than other remedial actions;
Will create new capacity to manage hazardous substances in
				  addition to those located at the affected facility; or
Are necessary to protect public health or welfare or the
				  environment from a present or potential risk which may be created by further
				  exposure to the continued presence of such substances or materials.
"Respond" or "Response" means remove, removal, remedy, or
				  remedial action.
"State" means the State of Illinois.
"State Permitted Releases" means releases permitted under the
				  Act or Board regulations or pursuant to a legally enforceable State
				  permit.
"United States" means the several states of the United
				  States, the District of Columbia, the Commonwealth of Puerto Rico, Guam,
				  American Samoa, the United States Virgin Islands, the Commonwealth of the
				  Northern Marianas and any other territory or possession over which the U.S. has
				  jurisdiction.
"Volunteer" means any individual accepted to perform services
				  by a State agency which has authority to accept volunteer services. A volunteer
				  is subject to the provisions of the authorizing statute, and of this
				  Plan.