reglab/statecodes huggingface dataset:
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 740 - SITE REMEDIATION PROGRAM › Subpart E - SUBMITTAL AND REVIEW OF PLANS AND REPORTS › Section 740.520 - Standards for Review of Remedial Action Plans and Related Activities

Current through Register Vol. 48, No. 28, July 12, 2024
When reviewing Remedial Action Plans and related activities,
				  the Agency or the RELPE shall consider:
a) Whether the plan is complete and has been
				accompanied by the information and supporting documentation necessary to
				evaluate the effectiveness of the plan; and
b) Whether the plan will result in compliance
				with Title XVII of the Act and this Part, including but not limited to:
1) The likelihood that the plan will result
				in the attainment of the applicable remediation objectives (Section
				58.7(e)(3)(A) of the Act);
2)
				Whether the activities proposed are consistent with generally accepted
				engineering practices (Section 58.7(e)(3)(B) of the Act); and
3) The management of risk relative to any
				remaining contamination, including, but not limited to, provisions for the
				long-term enforcement, operation, and maintenance of institutional and
				engineering controls, if relied on. (Section 58.7(e)(3)(C) 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 740.525 - Standards for Review of Remedial Action Completion Reports and Related Activities

Current through Register Vol. 48, No. 28, July 12, 2024
When reviewing Remedial Action Completion 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 implementation of the Remedial Action Plan and the attainment of
				the applicable remediation objectives;
b) Whether the remedial activities have been
				completed in accordance with the approved Remedial Action Plan and whether the
				applicable remediation objectives have been attained [415 ILCS
				5/58.7(e)(4) ];
c) If engineered barriers and institutional
				controls have been relied on, or if monitoring is required, whether the
				long-term maintenance, operation and enforcement provisions have been
				established; and
d) If a soil
				management zone was used, whether the requirements for the use of soil
				management zones have been satisfied.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 740 - SITE REMEDIATION PROGRAM › Subpart E - SUBMITTAL AND REVIEW OF PLANS AND REPORTS › Section 740.530 - Establishment of Groundwater Management Zones

Current through Register Vol. 48, No. 28, July 12, 2024
a) Except as provided in subsection (b)
				below, upon approval by the Agency of a Remedial Action Plan under Subpart E of
				this Part, groundwater that is the subject of the Remedial Action Plan shall
				automatically be classified as a groundwater management zone for the specified
				contaminants of concern.
b) The
				three dimensional area of the groundwater management zone shall be deemed to be
				coextensive with the groundwater that is the subject of the Remedial Action
				Plan. The size of the groundwater management zone may be modified where new
				information and an amended and approved Remedial Action Plan warrant. Where the
				groundwater management zone extends across property boundaries, the written
				permission of the owners of the affected properties shall be obtained before
				the groundwater management zone becomes effective unless the affected
				properties already are included within the remediation site.
c) Groundwater management zones designated
				under this Section shall remain in effect until a No Further Remediation Letter
				becomes effective under this Part or an Agreement is terminated.
d) While a groundwater management zone is in
				effect, the otherwise applicable standards from 35 Ill. Adm. Code 620 shall not
				be applicable to the contaminants of concern for which groundwater remediation
				objectives have been approved in the Remediation Objectives Report.
e) If implementation of an approved Remedial
				Action Plan fails to achieve the remediation objectives developed under Section
				740.440
				of this Part, alternative groundwater objectives may be developed under Section
				740.440
				of this Part.
1) Upon the development of
				alternative groundwater objectives, the Remediation Objectives Report shall be
				amended accordingly and submitted for review and approval.
2) Upon approval of the amended Remediation
				Objectives Report, the Remedial Action Plan shall be amended and submitted for
				review and approval unless the RA can demonstrate that the alternative
				groundwater objectives already have been achieved. In that case, the RA shall
				submit a Remedial Action Completion Report documenting the achievement of the
				alternative groundwater objectives.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 740 - SITE REMEDIATION PROGRAM › Subpart E - SUBMITTAL AND REVIEW OF PLANS AND REPORTS › Section 740.535 - Establishment of Soil Management Zones

Current through Register Vol. 48, No. 28, July 12, 2024
a) Soil Management Zone
1) The purpose of a soil management zone
				(SMZ) is to allow consideration and approval of on-site solutions to on-site
				soil contamination without violating the solid waste disposal regulations at 35
				Ill. Adm. Code 807 or 811-815.
2)
				The uses of soil management zones include, but are not limited to, the
				following:
A) Placement of contaminated soils
				for structural fill or land reclamation;
B) Consolidation of contaminated soils within
				a remediation site; and
C) Removal
				and re-deposit of contaminated soils following on-site treatment that has
				reduced contaminant concentrations.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 740 - SITE REMEDIATION PROGRAM › Subpart F - NO FURTHER REMEDIATION LETTERS AND RECORDING REQUIREMENTS › Section 740.600 - General

Current through Register Vol. 48, No. 28, July 12, 2024
Subpart F provides for the issuance of No Further Remediation
				  Letters following the satisfactory completion of investigative and remedial
				  activities in accordance with Title XVII of the Act and this Part. Subpart F
				  also sets forth the fee for the No Further Remediation Letter, the recording
				  requirements, and the circumstances under which the letter may be
				  voidable.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 740 - SITE REMEDIATION PROGRAM › Subpart F - NO FURTHER REMEDIATION LETTERS AND RECORDING REQUIREMENTS › Section 740.605 - Issuance of No Further Remediation Letter

Current through Register Vol. 48, No. 28, July 12, 2024
a) Except as provided in Section
				740.615 below,
				within 30 days after the Agency's approval of a Remedial Action Completion
				Report, the Agency shall issue a No Further Remediation Letter applicable to
				the remediation site. In the event that the Agency fails to issue the No
				Further Remediation Letter within 30 days after approval of the Remedial Action
				Completion Report, the No Further Remediation Letter shall issue by operation
				of law. [415
				ILCS 5/58.10(b) ] The No Further
				Remediation Letter shall have the legal effect prescribed in Section 58.10 of
				the Act.
b) The No Further
				Remediation Letter shall be issued only to Remediation Applicants who have
				completed all requirements and received final approval of the Remedial Action
				Completion Report by the Agency or on appeal.
c) The Agency shall mail the No Further
				Remediation Letter by registered or certified mail, postmarked with a date
				stamp and with return receipt requested. If the RA is not the sole owner of the
				Remediation Site, the Agency shall send a copy of the No Further Remediation
				Letter simultaneously to the owner(s) by first class mail. Final action shall
				be deemed to have taken place on the postmarked date that the letter is
				mailed.
d) The Agency at any time
				may correct errors in No Further Remediation Letters arising from oversight,
				omission or clerical mistake. Upon correction of the No Further Remediation
				Letter, the Agency shall mail the corrected letter to the RA, the property
				owner(s), or both as set forth in subsection (c) of this Section. The corrected
				letter shall become effective and shall be perfected as provided in Sections
				740.620,
				740.621,
				or
				740.622
				of this Part.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 740 - SITE REMEDIATION PROGRAM › Subpart F - NO FURTHER REMEDIATION LETTERS AND RECORDING REQUIREMENTS › Section 740.610 - Contents of No Further Remediation Letter

Current through Register Vol. 48, No. 28, July 12, 2024
a) Except as provided in subsection (b)
				below, a No Further Remediation Letter issued pursuant to Section 58.10 of the
				Act shall be limited to and include all of the following:
1) Anacknowledgement that the requirements of
				the remedial action plan and the remedial action completion report were
				satisfied;
2) A description of the
				remediation site by adequate legal description or by reference to a plat
				showing the boundaries, or by other means sufficient to identify site location
				with particularity;
3) The level of
				the remediation objectives, specifying, as appropriate, any land use limitation
				imposed as a result of such remediation efforts;
4) A statement that the agency's issuance of
				the No Further Remediation Letter signifies a release from further
				responsibilities under the Act in performing the approved remedial action and
				shall be considered prima facie evidence that the site does not constitute a
				threat to human health and the environment and does not require further
				remediation under the Act if utilized in accordance with the terms of the No
				Further Remediation Letter. If the remediation site includes a portion of a
				larger parcel of property or if the RA has elected to limit the recognized
				environmental conditions and related contaminants of concern to be remediated,
				or both, the No Further Remediation Letter shall be limited accordingly by its
				terms;
5) The prohibition against
				the use of any remediation site in a manner inconsistent with any land use
				limitation imposed as a result of such remediation efforts without additional
				appropriate remedial activities;
6)
				A description of any preventive, engineering, and institutional controls or
				monitoring required in the approved remedial action plan and notification that
				failure to manage the controls or monitoring in full compliance with the terms
				of the remedial action plan may result in voidance of the No Further
				Remediation Letter;
7) The
				recording obligations pursuant to Title XVII of the Act and Sections
				740.620,
				740.621,
				or
				740.622
				of this Part;
8) The opportunity to
				request a change in the recorded land use pursuant to Title XVII of the Act and
				Section
				740.620(c)
				of this Part; and
9) Notification
				that further information regarding the remediation site can be obtained from
				the Agency through a request under the Freedom of Information Act [5 ILCS 140
				]. [415
				ILCS 5/58.10(b)(1)-(9) ]
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 740 - SITE REMEDIATION PROGRAM › Subpart F - NO FURTHER REMEDIATION LETTERS AND RECORDING REQUIREMENTS › Section 740.615 - Payment of Fees

Current through Register Vol. 48, No. 28, July 12, 2024
a) The Agency
				may deny or void a No Further Remediation Letter if fees applicable under the
				Review and Evaluation Services Agreement have not been paid in full.
				[415
				ILCS 5/58.10(c) ] The manner of
				payment shall be in accordance with Section
				740.320 of this
				Part.
b) In addition to the fees
				applicable under the Review and Evaluation Services Agreement, the recipient of
				the No Further Remediation Letter shall forward to the Agency a No Further
				Remediation Assessment in the amount of the lesser of $2500 or an amount equal
				to the costs incurred for the site by the Agency under the Agreement.
				[415
				ILCS 5/58.10(g) ]
1) The No Further Remediation Assessment
				shall be mailed or delivered to the Agency at the address designated by the
				Agency on the request for payment service forms no later than 45 days following
				the receipt of the request for payment. Payments that are hand-delivered shall
				be delivered during the Agency's normal business hours.
2) The No Further Remediation Assessment
				shall be made by check or money order 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 as assigned and the
				Federal Employer Identification Number or Social Security Number of the
				RA.
3) The No Further Remediation
				Letter shall be voidable in accordance with Section
				740.625
				if the No Further Remediation Assessment is not paid within 45 days after the
				receipt of the request for payment.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 740 - SITE REMEDIATION PROGRAM › Subpart F - NO FURTHER REMEDIATION LETTERS AND RECORDING REQUIREMENTS › Section 740.621 - Requirements for No Further Remediation Letters Issued to Illinois Department of Transportation Remediation Sites Located in Rights-of-Way

Current through Register Vol. 48, No. 28, July 12, 2024
a) To perfect a No
				Further Remediation Letter for a remediation site of the Illinois Department of
				Transportation (IDOT) located in whole or in part in an IDOT right-of-way, IDOT
				shall enter into a Memorandum of Agreement (MOA) with the Agency. If IDOT and
				the Agency have entered into a master MOA, the parties' addition of the site to
				the master agreement shall satisfy the requirements of this Section. The MOA
				shall include, but is not limited to:
1) The
				name of the remediation site, if any, and any IDOT and Agency identifiers
				(e.g., incident number, Illinois inventory identification number);
2) The address of the remediation site (or
				other description sufficient to identify the location of the site with
				certainty);
3) A copy of the NFR
				Letter for each site subject to the MOA;
4) Procedures for tracking remediation sites
				subject to the MOA so that all IDOT bureaus whose responsibilities (e.g., land
				acquisition, maintenance, construction, utility permits) may affect land use
				limitations will have notice of any environmental concerns and land use
				limitations applicable to a remediation site;
5) Provisions addressing future conveyances
				(including title or any lesser form of interest) or jurisdictional transfers of
				the remediation site to any other agency, private person or entity and the
				steps that will be taken to ensure the long-term integrity of any land use
				limitations including, but not limited to, the following:
A) Upon creation of a deed, the recording of
				the NFR Letter and any other land use limitations requiring recording under 35
				Ill. Adm. Code 742 with copies of the recorded instruments sent to the Agency
				within 30 days after recording;
B)
				Any other arrangements necessary to ensure that property that is conveyed or
				transferred remains subject to any land use limitations approved and
				implemented as part of the Remedial Action Plan and the NFR Letter;
C) Notice to the Agency at least 60 days
				prior to any such intended conveyance or transfer indicating the mechanism(s)
				to be used to ensure that any land use limitations will be operated or
				maintained as required in the Remedial Action Plan and NFR Letter;
				and
6) Provisions for
				notifying the Agency if any actions taken by IDOT or its permittees at the
				remediation site result in the failure or inability to restore the remediation
				site to meet the requirements of the Remedial Action Plan and the NFR
				Letter.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 740 - SITE REMEDIATION PROGRAM › Subpart F - NO FURTHER REMEDIATION LETTERS AND RECORDING REQUIREMENTS › Section 740.622 - Requirements for Perfection of No Further Remediation Letters Issued to Federal Landholding Entities Without Authority to Record Institutional Controls

Current through Register Vol. 48, No. 28, July 12, 2024
a) For sites on
				Federally Owned Property subject to this Part for which the Federal Landholding
				Entity does not have the authority under federal law to record institutional
				controls on the chain of title, the following requirements shall apply:
1) To perfect a No Further Remediation Letter
				containing any restriction on future land use(s) the Landholding Entity or
				Entities responsible for the site must enter into a Land Use Control Memorandum
				of Agreement (LUC MOA) with the Agency that requires the Federal Landholding
				Entity to do, at a minimum, the following:
A)
				Identify the location of the Federally Owned Property of the site subject to
				the No Further Remediation Letter. Such identification shall be by means of
				common address, notations in any available facility master land use plan, site
				specific GIS or GPS coordinates, plat maps, or any other means that identifies
				the site in question with particularity;
B) Implement periodic site inspection
				procedures that ensure oversight by the Federal Landholding Entities of any
				land use limitations or restrictions imposed pursuant to the No Further
				Remediation Letter;
C) Implement
				procedures for the Federal Landholding Entities to periodically advise the
				Agency of continued compliance with all maintenance and inspection requirements
				set forth in the LUC MOA;
D)
				Implement procedures for the Federal Landholding Entities to notify the Agency
				of any planned or emergency changes in land use that may adversely impact land
				use limitations or restrictions imposed pursuant to the No Further Remediation
				Letter;
E) Notify the Agency at
				least 60 days in advance of a conveyance by deed or fee simple title, by the
				Federal Landholding Entities, of the site or sites subject to the No Further
				Remediation Letter, to any entity that will not remain or become a Federal
				Landholding Entity, and provide the Agency with information about how the
				Federal Landholding Entities will ensure the No Further Remediation Letter is
				recorded on the chain of title upon transfer of the property with confirmation
				of recording provided to the Agency; and
F) Attach to the LUC MOA a copy of the No
				Further Remediation Letter for each site subject to the LUC MOA.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 740 - SITE REMEDIATION PROGRAM › Subpart F - NO FURTHER REMEDIATION LETTERS AND RECORDING REQUIREMENTS › Section 740.625 - Voidance of No Further Remediation Letter

Current through Register Vol. 48, No. 28, July 12, 2024
a) The No Further Remediation Letter shall be
				voidable if the remediation site activities are not managed in full compliance
				with the provisions of Title XVII of the Act, this Part, or the approved
				Remedial Action Plan or remediation objectives upon which the issuance of the
				No Further Remediation Letter was based. Specific acts or omissions that may
				result in voidance of the No Further Remediation Letter include, but shall not
				be limited to:
1) Any violation of
				institutional controls or land use restrictions, if applicable;
2) The failure of the owner, operator, RA, or
				any subsequent transferee to operate and maintain preventive or engineering
				controls or to comply with a groundwater monitoring plan, if
				applicable;
3) The disturbance or
				removal of contamination that has been left in place in accordance with the
				Remedial Action Plan. Access to soil contamination may be allowed if, during
				and after any access, public health and the environment are protected
				consistent with the Remedial Action Plan;
4) The failure to comply with the recording
				requirements of Section
				740.620
				of this Part;
5) Obtaining the No
				Further Remediation Letter by fraud or misrepresentation;
6) Subsequent discovery of contaminants not
				identified as part of the investigative or remedial activities upon which the
				issuance of the No Further Remediation Letter was based, that pose a threat to
				human health or the environment;
7)
				The failure to pay the No Further Remediation Assessment required under Section
				740.615(b)
				of this Part; [415
				ILCS 5/58.10(e) ]
8) The failure to pay in full the applicable
				fees under the Review and Evaluation Services Agreement within 45 days after
				receiving a request for final payment under Section
				740.310 of
				this Part;
9) The failure to comply
				with the requirements of Section
				740.621
				of this Part for No Further Remediation Letters issued to IDOT remediation
				sites located in IDOT rights-of-way;
10) The failure to comply with the
				requirements of Section
				740.622
				of this Part or the failure to record a No Further Remediation Letter perfected
				in accordance with Section
				740.622
				within 45 days following transfer of the Federally Owned Property subject to
				the No Further Remediation Letter to any entity that will not remain or become
				a Federal Landholding Entity; or
11) The failure to comply with the notice or
				confirmation requirements of 35 Ill. Adm. Code
				742.1010(b)(3),
				742.1015(b)(5)
				 or
				742.1015(c).
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 740 - SITE REMEDIATION PROGRAM › Subpart G - REVIEW OF REMEDIATION COSTS FOR ENVIRONMENTAL REMEDIATION TAX CREDIT › Section 740.700 - General

Current through Register Vol. 48, No. 28, July 12, 2024
This Subpart sets forth the procedures to be followed by an
				  RA to obtain Agency review and approval of remediation costs before applying
				  for the environmental remediation tax credit under Section 201(l) of the
				  Illinois Income Tax Act [35 ILCS
				  5/201(l) ]. It contains procedures
				  for preliminary reviews of estimated remediation costs and final reviews of
				  remediation costs actually incurred, establishes fees for the Agency's reviews,
				  provides for appeals of Agency determinations, and includes examples of
				  remediation costs and ineligible costs.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 740 - SITE REMEDIATION PROGRAM › Subpart G - REVIEW OF REMEDIATION COSTS FOR ENVIRONMENTAL REMEDIATION TAX CREDIT › Section 740.705 - Preliminary Review of Estimated Remediation Costs

Current through Register Vol. 48, No. 28, July 12, 2024
a) The RA for any remediation site enrolled
				in the Site Remediation Program may request a preliminary review of estimated
				remediation costs by submitting a budget plan along with the Remedial Action
				Plan required under Section
				740.450 of
				this Part. No budget plan shall be accepted for review by the Agency unless a
				Remedial Action Plan satisfying the requirements of Section
				740.450 of
				this Part also has been submitted. The budget plan shall be submitted on forms
				prescribed and provided by the Agency and shall include, but not be limited to,
				the following information:
1) Identification
				of applicant and remediation site:
A) The full
				legal name, address and telephone number of the RA, any authorized agents
				acting on behalf of the RA, and any contact persons to whom inquiries and
				correspondence must be addressed;
B) The address, site name, tax parcel
				identification number(s) and Illinois inventory identification number for the
				remediation site for which the environmental remediation tax credit is being
				sought and the date of acceptance of the site into the Site Remediation
				Program;
C) The Federal Employer
				Identification Number (FEIN) or Social Security Number (SSN) of the
				RA.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 740 - SITE REMEDIATION PROGRAM › Subpart G - REVIEW OF REMEDIATION COSTS FOR ENVIRONMENTAL REMEDIATION TAX CREDIT › Section 740.710 - Application for Final Review of Remediation Costs

Current through Register Vol. 48, No. 28, July 12, 2024
a) The RA for any remediation site enrolled
				in the Site Remediation Program may submit an application for final review of
				remediation costs. No application shall be submitted until a No Further
				Remediation Letter has been issued and the No Further Remediation Letter (or an
				affidavit under Section
				740.620(a)(2)
				 of this Part stating that the No Further
				Remediation Letter has issued by operation of law) has been recorded in the
				chain of title for the site, all in accordance with Title XVII of the Act and
				Subpart F of this Part. The application shall be submitted on forms prescribed
				and provided by the Agency and shall include, but not be limited to, the
				following information:
1) Identification of
				applicant and remediation site:
A) The full
				legal name, address and telephone number of the RA, any authorized agents
				acting on behalf of the RA, and any contact persons to whom inquiries and
				correspondence must be addressed;
B) The address, site name, tax parcel
				identification number(s) and Illinois inventory identification number for the
				remediation site for which the environmental remediation tax credit is being
				sought and the date of acceptance of the site into the Site Remediation
				Program;
C) The Federal Employer
				Identification Number (FEIN) or Social Security Number (SSN) of the
				RA;
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 740 - SITE REMEDIATION PROGRAM › Subpart G - REVIEW OF REMEDIATION COSTS FOR ENVIRONMENTAL REMEDIATION TAX CREDIT › Section 740.715 - Agency Review of Application for Final Review of Remediation Costs

Current through Register Vol. 48, No. 28, July 12, 2024
a) The Agency shall
				review the application for final review of remediation costs to determine, in
				accordance with Sections
				740.725 and
				740.730 of this
				Part, whether the costs incurred are remediation costs.
b) The Agency shall have 60 days after the
				receipt of an application for final review to make a final determination on the
				application. The Agency's record of the date of receipt of the application
				shall be deemed conclusive unless a contrary date is proven by a dated, signed
				receipt from registered or certified mail. The RA may waive the time for
				review. Submittal of an amended application restarts the time for
				review.
c) Further Review by the
				Agency
1) If a preliminary review of a budget
				plan has been obtained under Section
				740.705
				of this Subpart, the RA may submit, along with the application, supporting
				documentation, and the applicable fee under Section
				740.720
				of this Subpart, a copy of the Agency's final determination on the budget plan
				accompanied by a certification, signed by the RA or authorized agent and
				notarized, as follows:
I, [name of RA, if individual, or name of authorized agent of
				  RA], hereby certify that the actual remediation costs incurred at the site for
				  line items [list line items to which certification applies] and identified in
				  the application for final review of remediation costs are equal to or less than
				  the costs approved for the corresponding line items in the attached budget plan
				  determination.
2) If the
				budget plan determination and certification are submitted pursuant to
				subsection (c)(1) of this Section, the Agency may, but is not required to,
				conduct further review of the certified line item costs incurred for
				development and implementation of the Remedial Action Plan and may approve such
				costs as submitted. The Agency's further review shall be limited to confirming
				that costs approved in the Agency's budget plan determination were actually
				incurred by the RA for development and implementation of the Remedial Action
				Plan.
3) If the certification in
				subsection (c)(1) of this Section does not apply to all line items as approved
				in the budget plan, the Agency shall conduct its review of the costs for the
				uncertified line items as if no budget plan had been approved. In that review,
				the Agency shall not reconsider the appropriateness of any activities,
				materials, labor, equipment, structures or services already approved by the
				Agency for the development and implementation of the Remedial Action
				Plan.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 740 - SITE REMEDIATION PROGRAM › Subpart G - REVIEW OF REMEDIATION COSTS FOR ENVIRONMENTAL REMEDIATION TAX CREDIT › Section 740.720 - Fees and Manner of Payment

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				The fee for the preliminary review of estimated remediation costs conducted
				under Section
				740.705
				of this Subpart shall be as follows:
1)
				Except as provided in subsection (a)(2) of this Section, the fee for the
				preliminary review shall be $500 for each remediation site reviewed.
2) There shall be no fee for a preliminary
				review if the requirements of subsection (c) of this Section are
				satisfied.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 740 - SITE REMEDIATION PROGRAM › Subpart H - REQUIREMENTS RELATED TO SCHOOLS › Section 740.800 - General

Current through Register Vol. 48, No. 28, July 12, 2024
a) The purpose of
				Subpart H is to ensure that children and the general public are not exposed to
				harmful pollutants at a remediation site intended for future use as a school
				that has been enrolled in the Site Remediation Program, thereby protecting
				human health and the environment.
b) For the purposes of this Subpart, the term
				"school" means any public educational facility in Illinois, including grounds
				and/or campus, consisting of students, comprising one or more grade groups or
				other identifiable groups, organized as one unit with one or more teachers to
				give instruction of a defined type. Public educational facility includes, but
				is not limited to, primary and secondary
				(kindergarten-12th grade), charter, vocational,
				alternative, and special education schools. Public educational facility does
				not include junior colleges, colleges, or universities.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 740 - SITE REMEDIATION PROGRAM › Subpart H - REQUIREMENTS RELATED TO SCHOOLS › Section 740.805 - Requirements Prior to Public Use

Current through Register Vol. 48, No. 28, July 12, 2024
A remediation site, or any building or structures contained
				  within the boundary lines of the site, that is enrolled in the Site Remediation
				  Program and is intended for future use as a school shall not be made available
				  for use by children and the general public without first completing all work
				  pursuant to the Remedial Action Plan. Work pursuant to the Remedial Action Plan
				  is deemed completed on the date the Agency issues its written final
				  determination unconditionally approving the Remedial Action Completion Report.
				  This Section shall not be construed to exempt a RA from any additional
				  requirements set forth in Section 58.16 of the Environmental Protection Act
				  [415
				  ILCS 5/58.16 ].
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 740 - SITE REMEDIATION PROGRAM › Subpart H - REQUIREMENTS RELATED TO SCHOOLS › Section 740.810 - Engineered Barriers and Institutional Controls

Current through Register Vol. 48, No. 28, July 12, 2024
a) The RA or any subsequent transferee of a
				remediation site subject to this Subpart H shall arrange with an LPE for an
				inspection of the remediation site within 120 days before every fifth
				anniversary of the date of issuance of the NFR Letter. The purpose of the
				inspection shall be to determine whether the effectiveness of all engineered
				barriers and institutional controls required by the Remedial Action Plan and
				the NFR Letter has been maintained.
1) The LPE
				shall prepare a report on the results of the inspection, itemizing each
				engineered barrier and institutional control and whether or not the
				effectiveness of each engineered barrier and institutional control has been
				maintained. If the effectiveness of any engineered barrier or institutional
				control has been compromised, the LPE shall describe the nature of the
				defects.
2) The LPE responsible for
				the site inspection and preparation of the report shall affirm by original
				signature as follows:
"I attest that the inspection of the remediation site to
				  confirm the effectiveness of the engineered barriers and institutional controls
				  required by the Remedial Action Plan and the NFR Letter was performed under my
				  direction and that:
This document and all attachments were prepared under my
				  direction or reviewed by me;
To the best of my knowledge and belief, the work and
				  conclusions described in this report are in accordance with the requirements of
				  35 Ill. Adm. Code 740 and 742, the site's Remedial Action Plan and NFR Letter,
				  and generally accepted engineering practices; and
The information presented is accurate and complete."
2) The LPE's report shall be
				submitted to the Agency no later than every fifth anniversary of the date of
				issuance of the NFR Letter.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 740 - SITE REMEDIATION PROGRAM › Subpart H - REQUIREMENTS RELATED TO SCHOOLS › Section 740.815 - Public Notice of Site Remedial Action Plan

Current through Register Vol. 48, No. 28, July 12, 2024
a) No later than 10 days after receipt of the
				Agency's notice of acceptance into the Site Remediation Program of a
				remediation site intended for future use as a school, the RA shall mail written
				notice to interested and affected persons, public officials and organizations
				of the site's enrollment into the program. For assistance in determining who an
				interested and affected person may be, an RA may look to the Agency guidance
				document on community relations, "Community Relations in the Site Remediation
				Program".
b) The notice shall, at a
				minimum, contain the following information:
1) Name and address of the RA;
2) The location and boundary lines of the
				remediation site;
3) A description
				of the intended use of the site (e.g., building, playgrounds, athletic
				fields);
4) A description of the
				surrounding land uses;
5) A
				description of the site history, including past uses;
6) To the extent known, the nature and extent
				of the recognized environmental conditions and related contaminants of concern
				identified at the remediation site;
7) A statement that the site has been
				enrolled in the Site Remediation Program, will be undergoing environmental site
				investigations, and may require environmental remediation prior to use as a
				school site;
8) The name of a
				contact person and telephone number where that person may be reached;
				and
9) The location and hours of
				the repository established pursuant to Section
				740.820
				of this Part.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 740 - SITE REMEDIATION PROGRAM › Subpart H - REQUIREMENTS RELATED TO SCHOOLS › Section 740.820 - Establishment of Document Repository

Current through Register Vol. 48, No. 28, July 12, 2024
No later than 10 days after receipt of the Agency's notice of
				  acceptance into the Site Remediation Program of a remediation site intended for
				  future use as a school, the RA shall establish a repository where all documents
				  prepared by the RA for the Agency and by the Agency for the RA may be viewed
				  and/or copies obtained. The repository shall be located and open to the public
				  at a place and at times convenient to interested and affected persons. The RA
				  shall update the repository promptly and continuously as documents are
				  generated throughout the remediation process.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 740 - SITE REMEDIATION PROGRAM › Subpart H - REQUIREMENTS RELATED TO SCHOOLS › Section 740.825 - Fact Sheet

Current through Register Vol. 48, No. 28, July 12, 2024
No later than 10 days after submission to the Agency of the
				  initial Remedial Action Plan for a remediation site intended for future use as
				  a school, the RA shall mail to interested and affected persons, public
				  officials, and organizations a Fact Sheet. For assistance in determining who an
				  interested and affected person may be, an RA may look to the Agency guidance
				  document on community relations, "Community Relations in the Site Remediation
				  Program". The Fact Sheet shall contain the following information:
a) The location and boundary lines of the
				remediation site;
b) A site
				history;
c) A description of the
				intended use of the site (e.g., buildings, playgrounds, athletic
				fields);
d) A description of the
				surrounding land uses;
e) The
				nature and extent of the recognized environmental conditions and related
				contaminants of concern identified at the remediation site;
f) A description of the steps that are
				proposed in the Remedial Action Plan to address the recognized environmental
				conditions and related contaminants of concern;
g) The nature of the NFR Letter requested
				(e.g., focused or comprehensive, or reliance on engineered barriers or
				institutional controls);
h) The
				name of a contact person and telephone number where that person may be reached
				to answer questions and to arrange for meetings with concerned members of the
				community; and
i) The location and
				hours of the repository established pursuant to Section
				740.820
				of this Part.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 740 - SITE REMEDIATION PROGRAM › Subpart I - REVIEW OF REMEDIATION COSTS FOR BROWNFIELDS SITE RESTORATION PROGRAM › Section 740.900 - General

Current through Register Vol. 48, No. 28, July 12, 2024
a) This Subpart
				sets forth the procedures an RA must follow to obtain Agency review, a final
				determination and payment of remediation costs under the Brownfields Site
				Restoration Program. It contains procedures for preliminary reviews of
				estimated remediation costs and final reviews of remediation costs actually
				incurred, establishes fees for the Agency's reviews, provides for appeals of
				Agency determinations, and includes listings of eligible and ineligible
				costs.
b) For each State fiscal
				year in which funds are made available to the Agency for payment under
				thisSubpart,the Agency must, subject to the availability of funds, allocate 20%
				of the funds to be available to Remediation Applicants within counties with
				populations over 2,000,000. The remaining funds must be made available to all
				other Remediation Applicants in the State. [415
				ILCS 5/58.15(B)(a)(2) ] Brownfields
				Site Restoration Program funds shall be subject to availability of funding and
				distributed based on the order of receipt of applications satisfying all the
				requirements of this Subpart.
c)
				The total payment to be made to an applicant must not exceed an amount equal to
				20% of the capital investment at the site. [415
				ILCS 5/58.15(B)(a)(3) ]
d) Only those remediation projects for which
				a No Further Remediation Letter is issued after December 31, 2001 are eligible
				to participate in the Brownfields Site Restoration Program. The program does
				not apply to any sitesfor which a No Further Remediation Letter is issued on or
				prior to December 31, 2001 or to costs incurred prior toDCEO approving a site
				eligible for the Brownfields Site Restoration Program. [415 ILCS
				5/58.15(B)(a)(4) ]
e) Except as provided inSection
				740.911,
				an application for review of remediation costs must not be submitted until:
1) A No Further Remediation Letter has been
				issued by the Agency or has issued by operation of law; and
2) The No Further Remediation Letter, or an
				affidavit under Section
				740.620(a)(2)
				 of this Part stating that the No Further
				Remediation Letter has issued by operation of law, has beenrecorded in the
				chain of title for the site in accordance with Subpart F of this Part.
				[415 ILCS
				5/58.15(B)(e) ]
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 740 - SITE REMEDIATION PROGRAM › Subpart I - REVIEW OF REMEDIATION COSTS FOR BROWNFIELDS SITE RESTORATION PROGRAM › Section 740.901 - Pre-application Assessment and Eligibility Determination

Current through Register Vol. 48, No. 28, July 12, 2024
a) Prior to submitting an application to
				determine eligibility to DCEO, a Remediation Applicant shall first submit to
				the Agency its proposed remediation costs. The Agency shall make a
				pre-application assessment, which is not to be binding upon DCEO or upon future
				review of the project, relating only to whether the Agency has adequate funding
				to reimburse the applicant for the remediation costs if the applicant is found
				to be eligible for reimbursement of remediation costs. [415 ILCS
				5/58.15(B)(b) ]
b) If the Agency determines that it is likely
				to have adequate funding to reimburse the applicant for remediation costs, the
				Remediation Applicant may then submit to DCEO an application for review of
				eligibility. [415 ILCS
				5/58.15(B)(b) ] To be eligible for
				payment, an RA must have a minimum capital investment in the redevelopment of
				the site. Procedures for applying for eligibility and for obtaining a
				determination from DCEO must be obtained from DCEO.
c) Once DCEO has determined that an RA is
				eligible, the RA may submit an application to the Agency in accordance with
				Section
				740.910
				or Section
				740.911
				of this Part.
d) The Agency must
				rely on DCEO's decision as to eligibility. The maximum amount of the payment to
				be made to the RA for remediation costs may not exceed the "net economic
				benefit" to the State of the remediation project, as determined by DCEO, based
				on factors including, but not limited to, the capital investment, the number of
				jobs created, the number of jobs retained if it is demonstrated the jobs would
				otherwise be lost, capital improvements, the number of construction-related
				jobs, increased sales, material purchases, other increases in service and
				operational expenditures. [415 ILCS
				5/58.15(B)(b) (3)]
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 740 - SITE REMEDIATION PROGRAM › Subpart I - REVIEW OF REMEDIATION COSTS FOR BROWNFIELDS SITE RESTORATION PROGRAM › Section 740.905 - Preliminary Review of Estimated Remediation Costs

Current through Register Vol. 48, No. 28, July 12, 2024
a) A Remediation Applicant may obtain a
				preliminary review of estimated remediation costs for the development and
				implementation of a Remedial Action Plan, required under Section
				740.450 of
				this Part, by submitting a budget plan along with the Remedial Action Plan.
				[415 ILCS
				5/58.15(B)(i)(1) ] The Agency shall
				not accept a budget plan unless a Remedial Action Plan satisfying the
				requirements of Section
				740.450 of
				this Part also has been submitted.
b) The budget plan must be set forth on forms
				prescribed and provided by the Agency and must include, but is not limited to,
				the following information:
1) Identification
				of applicant and remediation site, including:
A) The full legal name, address and telephone
				number of the RA, any authorized agents acting on behalf of the RA, and any
				contact persons to whom inquiries and correspondence must be
				addressed;
B) The address, site
				name, tax parcel identification number(s) and Illinois inventory identification
				number for the remediation site and the date of acceptance of the site into the
				Site Remediation Program; and
C)
				The Federal Employer Identification Number (FEIN) or Social Security Number
				(SSN) of the RA.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 740 - SITE REMEDIATION PROGRAM › Subpart I - REVIEW OF REMEDIATION COSTS FOR BROWNFIELDS SITE RESTORATION PROGRAM › Section 740.910 - Application for Final Review and Payment of Remediation Costs Following Perfection of No Further Remediation Letter

Current through Register Vol. 48, No. 28, July 12, 2024
a) The RA for any site enrolled in the Site
				Remediation Program may submit an application for final review and payment of
				remediation costs following perfection of a No Further Remediation
				Letter.
b) The application must be
				submitted on forms prescribed and provided by the Agency and must include, at a
				minimum, the following information:
1)
				Identification of RA and remediation site, including:
A) The full legal name, address and telephone
				number of the RA, any authorized agents acting on behalf of the RA, and any
				contact persons to whom inquiries and correspondence must be
				addressed;
B) The address, site
				name, tax parcel identification number(s) and Illinois inventory identification
				number for the remediation site;
C)
				The date of acceptance of the remediation site into the Site Remediation
				Program; and
D) The Federal
				Employer Identification Number (FEIN) or Social Security Number (SSN) of the
				RA;
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 740 - SITE REMEDIATION PROGRAM › Subpart I - REVIEW OF REMEDIATION COSTS FOR BROWNFIELDS SITE RESTORATION PROGRAM › Section 740.911 - Application for Review and Payment of Remediation Costs Prior to Perfection of No Further Remediation Letter

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				An application for review of remediation costs may be submitted to the Agency
				prior to the issuance of a No Further Remediation Letter (or an affidavit under
				Section
				740.620(a)(2)
				 of this Part stating that the No Further
				Remediation Letter has issued by operation of law) if the Remediation Applicant
				has a Remedial Action Plan approved by the Agency under Section
				740.450 of
				this Part under the terms of which the Remediation Applicant will remediate
				groundwater for more than one year. [415
				ILCS 5/58.15(B)(f) ]
b) The application must be on forms
				prescribed and provided by the Agency, shall be accompanied by the applicable
				fee for review as provided in Section
				740.920(b)
				of this Subpart, and must include, at a minimum, the following information:
1) Identification of RA and remediation site,
				including:
A) The full legal name, address
				and telephone number of the RA, any authorized agents acting on behalf of the
				RA, and any contact persons to whom inquiries and correspondence must be
				addressed;
B) The address, site
				name, tax parcel identification number(s) and Illinois inventory identification
				number for the remediation site;
C)
				The date of acceptance of the remediation site into the Site Remediation
				Program; and
D) The Federal
				Employer Identification Number (FEIN) or Social Security Number (SSN) of the
				RA;