Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 740 - SITE REMEDIATION PROGRAM › Subpart A - GENERAL › Section 740.120 - Definitions

Current through Register Vol. 48, No. 28, July 12, 2024
Except as stated in this Section, or unless a different
				  meaning of a word or term is clear from the context, the definitions of words
				  or terms in this Part shall be the same as that applied to the same words or
				  terms in the Environmental Protection Act.
"Abandoned property" means real property previously used for,
				  or that has the potential to be used for, commercial or industrial purposes
				  that reverted to the ownership of the State, a county or municipal government,
				  or an agency thereof, through donation, purchase, tax delinquency, foreclosure,
				  default, or settlement, including conveyance by deed in lieu of foreclosure; or
				  privately owned property that has been vacant for a period of not less than 3
				  years from the time an application is made to the Department of Commerce and
				  Economic Opportunity. [415 ILCS
				  5/58.15(B)(b)(2) ]
"Act" means the Environmental Protection Act [415 ILCS 5
				  ].
"Agency" means the Illinois Environmental Protection Agency.
				  [415 ILCS
				  5/3.01 ]
"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. Such costs include costs for lodging, meals, travel,
				  automobile mileage, vehicle leasing, tolls, taxi fares, parking and
				  miscellaneous items.
"Agrichemical facility" means a site on which agricultural
				  pesticides are stored or handled, or both, in preparation for end use, or
				  distributed. The term does not include basic manufacturing facility sites.
				  [415 ILCS 5/58.2
				  ]
"ASTM" means the American Society for Testing and Materials.
				  [415 ILCS 5/58.2]
"Authorized agent" means a person who is authorized by
				  written consent or by law to act on behalf of an owner, operator, or
				  Remediation Applicant.
"Board" means the Pollution Control Board.
"Contaminant of concern" or "regulated substance of concern"
				  means any contaminant that is expected to be present at the site based upon
				  past and current land uses and associated releases that are known to
				  theRemediation Applicantbased upon reasonable inquiry. [415 ILCS 5/58.2]
"Costs" means all costs incurred by the Agency in providing
				  services pursuant to a Review and Evaluation Services Agreement.
"DCEO" means the Department of Commerce and Economic
				  Opportunity (previously known as the Department of Commerce and Community
				  Affairs).
"Federal Landholding Entity" means that federal department,
				  agency or instrumentality with the authority to occupy and control the
				  day-to-day use, operation, and management of Federally Owned Property.
"Federally Owned Property" means real property owned in fee
				  by the United States on which an institutional control is or institutional
				  controls are sought to be placed in accordance with this Part.
"GIS" means Geographic Information System.
"GPS" means Global Positioning System.
"Groundwater management zone" or "GMZ" means a
				  three-dimensional region containing groundwater being managed to mitigate
				  impairment caused by the release of contaminants of concern at a remediation
				  site.
"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.
"Institutional Control" means a legal mechanism for imposing
				  a restriction on land use.
"Laboratory costs" means costs for services and materials
				  associated with identifying, analyzing, and quantifying chemical compounds in
				  samples at a laboratory.
"Land Use Control Memorandum of Agreement" or "LUC MOA" means
				  an agreement entered into between one or more agencies of the United States and
				  the Illinois Environmental Protection Agency that limits or places requirements
				  upon the use of Federally Owned Property for the purpose of protecting human
				  health or the environment, or that is used to perfect a No Further Remediation
				  Letter that contains land use restrictions.
"Licensed Professional Engineer"or"LPE"means a person,
				  corporation or partnership licensed under the laws of this State to practice
				  professional engineering. [415 ILCS 5/58.2]
"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.
"Perfect" or "Perfected" means recorded or filed for record
				  so as to place the public on notice, or as otherwise provided in Sections
				  740.621
				  and
				  740.622
				  of this Part.
"Person" means individual, trust, firm, joint stock company,
				  joint venture, consortium, commercial entity, corporation (including a
				  government corporation), partnership, association, state, municipality,
				  commission, political subdivision of a state, or any interstate body, including
				  the United States Government and each department, agency and instrumentality of
				  the United States. [415 ILCS 5/58.2]
"Personal services costs" means costs relative to the
				  employment of individuals by the Agency. Such costs include, but are not
				  limited to, hourly wages and fringe benefits.
"Pesticide" means any substance or mixture of substances
				  intended for preventing, destroying, repelling, or mitigating any pest or any
				  substance or mixture of substances intended for use as a plant regulator,
				  defoliant or desiccant. [415 ILCS
				  60/4 ]
"Practical quantitation limit" or "PQL" or "Estimated
				  quantitation limit" means the lowest concentration that can be reliably
				  measured within specified limits of precision and accuracy for a specific
				  laboratory analytical method during routine laboratory operating conditions in
				  accordance with "Test Methods for Evaluating Solid Wastes, Physical/Chemical
				  Methods," EPA Publication No. SW-846, incorporated by reference at Section
				  740.125
				  of this Part. For filtered water samples, PQL also means the Method Detection
				  Limit or Estimated Detection Limit in accordance with the applicable method
				  revision in: "Methods for the Determination of Metals in Environmental
				  Samples," EPA Publication No. EPA/600/4-91/010; "Methods for the Determination
				  of Metals in Environmental Samples, Supplement I," EPA Publication No.
				  EPA/600/R-94/111; "Methods for the Determination of Organic Compounds in
				  Drinking Water," EPA Publication No. EPA/600/4-88/039; "Methods for the
				  Determination of Organic Compounds in Drinking Water, Supplement II," EPA
				  Publication No. EPA/600/R-92/129; or "Methods for the Determination of Organic
				  Compounds in Drinking Water, Supplement III," EPA Publication No.
				  EPA/600/R-95/131, all of which are incorporated by reference at Section
				  740.125
				  of this Part.
"Reasonably obtainable" means that a copy or reasonable
				  facsimile of the record must be obtainable from a private entity or government
				  agency by request and upon payment of a processing fee, if any.
"Recognized environmental condition" means the presence or
				  likely presence of any regulated substance or pesticide under conditions that
				  indicate a release, threatened release or suspected release of any regulated
				  substance or pesticide at, on, to or from a remediation site into structures,
				  surface water, sediments, groundwater, soil, fill or geologic materials. The
				  term shall not include de minimis conditions that do not present a threat to
				  human health or the environment.
"Regulated substance" means any hazardous substance as
				  defined under Section 101(14) of the Comprehensive Environmental Response,
				  Compensation, and Liability Act of 1980 ( P.L. 96-510 ) and petroleum products,
				  including crude oil or any fraction thereof, natural gas, natural gas liquids,
				  liquefied natural gas, or synthetic gas usable for fuel (or mixtures of natural
				  gas and such synthetic gas). [415 ILCS 5/58.2]
"Regulated substance of concern" or "contaminant of concern"
				  means any contaminant that is expected to be present at the site based upon
				  past and current land uses and associated releases that are known to the
				  Remediation Applicant based upon reasonable inquiry. [415 ILCS 5/58.2]
"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 persons solely within a workplace, with respect to a claim which
				  such persons may assert against the employer or such persons; emissions from
				  the engine exhaust of a motor vehicle, rolling stock, aircraft, vessel, or
				  pipeline pumping station engine; release of source, byproduct, or special
				  nuclear material from a nuclear incident, as those terms are defined in the
				  federal Atomic Energy Act of 1954, 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. [415 ILCS
				  5/3.33 ]
"Remedial action" means activities associated with compliance
				  with the provisions of Sections 58.6 and 58.7 of the Act, including, but not
				  limited to, the conduct of site investigations, preparation of work plans and
				  reports, removal or treatment of contaminants, construction and maintenance of
				  engineered barriers, and/or implementation of institutional controls. [415 ILCS
				  5/58.2]
"Remediation Applicant" or "RA" means any person seeking to
				  perform or performing investigative or remedial activities underTitle XVII of
				  the Act, including the owner or operator of the site or persons authorized by
				  law or consent to act on behalf of or in lieu of the owner or operator of the
				  site. [415 ILCS 5/58.2
				  ]
"Remediation costs" means reasonable costs paid for
				  investigating and remediating regulated substances of concern consistent with
				  the remedy selected for the site. For purposes of Subparts G and I of this
				  Part, "Remediation Costs" shall not include costs incurred prior to January 1,
				  1998, costs incurred after the issuance of a No Further Remediation Letter
				  under Subpart F of this Part, or costs incurred more than 12 months prior to
				  acceptance into the Site Remediation Program under this Part. [415 ILCS
				  5/58.2]
"Remediation objective" means a goal to be achieved in
				  performing remedial action, including but not limited to the concentration of a
				  contaminant, an engineered barrier or engineered control, or an institutional
				  control established under Section 58.5 of the Act or Section 740.Subpart D of
				  this Part.
"Remediation site" means the single location, place, tract of
				  land, or parcel or portion of any parcel of property, including contiguous
				  property separated by a public right-of-way, for which review, evaluation, and
				  approval of any plan or report has been requested by the Remediation Applicant
				  in its application for review and evaluation services. This term also includes,
				  but is not limited to, all buildings and improvements present at that location,
				  place, or tract of land.
"Residential property" means any real property that is used
				  for habitation by individuals, or where children have the opportunity for
				  exposure to contaminants through soil ingestion or inhalation at educational
				  facilities, health care facilities, child care facilities, or outdoor
				  recreational areas. [415 ILCS 5/58.2]
"Review and Evaluation Licensed Professional Engineer" or
				  "RELPE" means the licensed professional engineer with whom a Remediation
				  Applicant has contracted to perform review and evaluation services under the
				  direction of the Agency.
"Site" means any single location, place, tract of land or
				  parcel of property or portion thereof, including contiguous property separated
				  by a public right-of-way. [415 ILCS 5/58.2] This term also includes, but is not
				  limited to, all buildings and improvements present at that location, place or
				  tract of land.
"Soil management zone" or "SMZ" means a three dimensional
				  region containing soil being managed to mitigate contamination caused by the
				  release of contaminants at a remediation site.
"Underutilized property" means real property of which less
				  than 35% of the commercially usable space of the property and improvements
				  thereon are used for their most commercially profitable and economically
				  productive uses. [415 ILCS
				  5/58.15(B)(b)(2) ]