Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 734 - PETROLEUM UNDERGROUND STORAGE TANKS › Subpart F - PAYMENT FROM THE FUND › Section 734.625 - Eligible Corrective Action Costs

Current through Register Vol. 48, No. 28, July 12, 2024
a) Types of costs that may be eligible for
				payment from the Fund include those for corrective action activities and for
				materials or services provided or performed in conjunction with corrective
				action activities. Such activities and services may include, but are not
				limited to, reasonable costs for:
1) Early
				action activities conducted pursuant to Subpart B of this Part;
2) Engineer or geologist oversight
				services;
3) Remedial investigation
				and design;
4) Laboratory services
				necessary to determine site investigation and whether the established
				remediation objectives have been met;
5) The installation and operation of
				groundwater investigation and groundwater monitoring wells;
6) The removal, treatment, transportation,
				and disposal of soil contaminated by petroleum at levels in excess of the
				established remediation objectives;
7) The removal, treatment, transportation,
				and disposal of water contaminated by petroleum at levels in excess of the
				established remediation objectives;
8) The placement of clean backfill to grade
				to replace excavated soil contaminated by petroleum at levels in excess of the
				established remediation objectives;
9) Groundwater corrective action
				systems;
10) Alternative
				technology, including but not limited to feasibility studies approved by the
				Agency;
11) Recovery of free
				product exceeding one-eighth of an inch in depth as measured in a groundwater
				monitoring well, or present as a sheen on groundwater in the tank removal
				excavation or on surface water;
12)
				The removal and disposal of any UST if a release of petroleum from the UST was
				identified and IEMA was notified prior to its removal, with the exception of
				any UST deemed ineligible by the OSFM;
13) Costs incurred as a result of a release
				of petroleum because of vandalism, theft, or fraudulent activity by a party
				other than an owner or operator or agent of an owner or operator;
14) Engineer or geologist costs associated
				with seeking payment from the Fund, including but not limited to completion of
				an application for partial or final payment;
15) Costs associated with obtaining an
				Eligibility and Deductibility Determination from the OSFM or the
				Agency;
16) Costs for destruction
				and replacement of concrete, asphalt, or paving to the extent necessary to
				conduct corrective action if the concrete, asphalt, or paving was installed
				prior to the initiation of corrective action activities, the destruction and
				replacement has been certified as necessary to the performance of corrective
				action by a Licensed Professional Engineer, and the destruction and replacement
				and its costs are approved by the Agency in writing prior to the destruction
				and replacement. The destruction and replacement of concrete, asphalt, and
				paving must not be paid more than once. Costs associated with the replacement
				of concrete, asphalt, or paving must not be paid in excess of the cost to
				install, in the same area and to the same depth, the same material that was
				destroyed (e.g., replacing four inches of concrete with four inches of
				concrete);
17) The destruction or
				dismantling and reassembly of above grade structures in response to a release
				of petroleum if such activity has been certified as necessary to the
				performance of corrective action by a Licensed Professional Engineer and such
				activity and its costs are approved by the Agency in writing prior to the
				destruction or dismantling and re-assembly. Such costs must not be paid in
				excess of a total of $10,000 per occurrence. For purposes of this subsection
				(a)(17), destruction, dismantling, or reassembly of above grade structures does
				not include costs associated with replacement of pumps, pump islands,
				buildings, wiring, lighting, bumpers, posts, or canopies;
18) Preparation of reports submitted pursuant
				to Section
				734.210(h)(3)
				 of this Part, free product removal plans and
				associated budgets, free product removal reports, site investigation plans and
				associated budgets, site investigation completion reports, corrective action
				plans and associated budgets, and corrective action completion
				reports;
19) Costs associated with
				the removal or abandonment of a potable water supply well, and replacement of
				the well or connection to a public water supply, whichever is less, if a
				Licensed Professional Engineer or Licensed Professional Geologist certifies
				that such activity is necessary to the performance of corrective action and
				that the property served by the well cannot receive an adequate supply of
				potable water from an existing source other than the removed or abandoned well,
				and the Agency approves such activity in writing. If the well being removed or
				abandoned is a public water supply well, the Licensed Professional Engineer or
				Licensed Professional Geologist is required to certify only that the removal or
				abandonment of the well is necessary to the performance of corrective action;
				and
20) Costs associated with the
				repair or replacement of potable water supply lines damaged to the point of
				requiring repair or replacement as a direct result of the release, if such
				activity is certified by a Licensed Professional Engineer or Licensed
				Professional Geologist as necessary for the protection of the potable water
				supply and approved by the Agency in writing.