Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 888 - REVIEW OF REMEDIATION COSTS FOR RIVER EDGE REDEVELOPMENT ZONE SITE REMEDIATION TAX CREDIT › Section 888.105 - 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.
"Act" means the Environmental Protection Act [415 ILCS 5
				].
"Agency" means the Illinois Environmental Protection Agency.
				[415 ILCS
				5/3.01 ]
"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 Illinois Pollution Control Board.
"DCEO" means the Department of Commerce and Economic
				Opportunity.
"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
				]
"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 ]
"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]
"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 ILCS5/3.33 ]
"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" means any person seeking to perform or
				performing investigative or remedial activities under Title 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. "Remediation costs" do not include any costs
				incurred before January 1, 2007, any costs incurred after the issuance of a No
				Further Remediation Letter under Section 58.10 of the Act, or any costs
				incurred more than 12 months before acceptance into the Site Remediation
				Program under 35 Ill. Adm. Code 740. [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 35 Ill. Adm. Code
				740.
"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.
"River Edge Redevelopment Zone" means an area of the State
				certified by the Department of Commerce and Economic Opportunity as a River
				Edge Redevelopment Zone pursuant to the River Edge Redevelopment Zone Act.
				[65 ILCS 115/10-3
				]
"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.
"Site Remediation Program" means the Agency's Site Remediation
				Program established under Title XVII of the Act and 35 Ill. Adm. Code
				740.