reglab/statecodes huggingface dataset:
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 740 - SITE REMEDIATION PROGRAM › Subpart I - REVIEW OF REMEDIATION COSTS FOR BROWNFIELDS SITE RESTORATION PROGRAM › Section 740.920 - 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
				740.905
				of this Part shall be $500 for each remediation site reviewed. (Derived from
				415 ILCS
				5/58.15(B)(j)(2) )
b) The fee for the final review of
				remediation costs under Section
				740.910
				or Section
				740.911
				of this Part shall be $1000 for each remediation site reviewed. (Derived from
				415 ILCS
				5/58.15(B)(j)(1) )
c) The fee for a review under this Subpart
				shall be in addition to any other fees, payments or assessments under Title
				XVII of the Act and this Part.
d)
				All fees shall be paid by check or money order made payable to "Treasurer -
				State of Illinois, for deposit in the Brownfields Redevelopment Fund". The
				check or money order shall include the Illinois inventory identification number
				and 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 740.930 - Ineligible Costs

Current through Register Vol. 48, No. 28, July 12, 2024
Costs ineligible for payment include, but are not limited to,
				  the following:
a) Costs not incurred
				by the RA, including:
1) Costs incurred for
				activities, materials, labor or services relative to remediation at a site
				other than the site for which the No Further Remediation Letter was
				issued;
2) Costs for remediating a
				release or substantial threat of a release of regulated substances or
				pesticides that was caused or contributed to in any material respect by 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 › Appendix A - Target Compound List › Title A - Volatile Organics Analytical Parameters

Current through Register Vol. 48, No. 28, July 12, 2024
CAS
								No.
Compound
Method
74-87-3
Chloromethane
8260B
74-83-9
Bromomethane
8260B
75-01-4
Vinyl Chloride
8260B
75-00-3
Chloroethane
8260B
75-09-2
Methylene Chloride
8260B
67-64-1
Acetone
8260B
75-15-0
Carbon Disulfide
8260B
75-35-4
1,1-Dichloroethene
8260B
75-34-3
1,1-Dichloroethane
8260B
156-59-2
cis-1,2-Dichloroethene
8260B
156-60-5
trans-1,2-Dichloroethene
8260B
67-66-3
Chloroform
8260B
107-06-2
1,2-Dichloroethane
8260B
78-93-3
2-Butanone
8260B
71-55-6
1,1,1-Trichloroethane
8260B
56-23-5
Carbon Tetrachloride
8260B
75-27-4
Bromodichloromethane
8260B
78-87-5
1,2-Dichloropropane
8260B
10061-01-5
cis-1,3-Dichloropropene
8260B
79-01-6
Trichloroethene
8260B
124-48-1
Dibromochloromethane
8260B
79-00-5
1,1,2-Trichloroethane
8260B
71-43-2
Benzene
8260B
10061-02-6
trans-1,3-Dichloropropene
8260B
75-25-2
Bromoform
8260B
1634-04-4
Methyl Tertiary-Butyl Ether
8260B
108-10-1
4-Methyl-2-pentanone
8260B
591-78-6
2-Hexanone
8260B
127-18-4
Tetrachloroethene
8260B
108-88-3
Toluene
8260B
79-34-5
1,1,2,2-Tetrechloroethane
8260B
108-90-7
Chlorobenzene
8260B
100-41-4
Ethylbenzene
8260B
100-42-5
Styrene
8260B
1330-20-7
Xylenes (total)
8260B
The laboratory shall report nonsurrogate components,
					 tentatively identified by library search conducted per the guidelines contained
					 in the analytical method.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 740 - SITE REMEDIATION PROGRAM › Subpart I - REVIEW OF REMEDIATION COSTS FOR BROWNFIELDS SITE RESTORATION PROGRAM › Appendix A - Target Compound List › Title B - Semivolatile Organic Analytical Parameters

Current through Register Vol. 48, No. 28, July 12, 2024
CAS
								No.
Compound
Method
108-95-2
Phenol
8270C
111-44-4
bis(2-Chloroethyl) ether
8270C
95-57-8
2-Chlorophenol
8270C
95-50-1
1,2-Dichlorobenzene
8270C
541-73-1
1,3-Dichlorobenzene
8270C
106-46-7
1,4-Dichlorobenzene
8270C
95-48-7
2-Methylphenol
8270C
108-60-1
2,2'-oxybis (1-chloropropane)
8270C
106-44-5
4-Methylphenol
8270C
621-64-7
N-Nitroso-di-n-propylamine
8270C
67-72-1
Hexachloroethane
8270C
98-95-3
Nitrobenzene
8270C
78-59-1
Isophorone
8270C
88-75-5
2-Nitrophenol
8270C
105-67-9
2,4-Dimethylphenol
8270C
111-91-1
bis(2-Chloroethoxy) methane
8270C
120-83-2
2,4-Dichlorophenol
8270C
120-82-1
1,2,4-Trichlorobenzene
8270C
91-20-3
Naphthalene
8270C 8310
106-47-8
4-Chloroaniline
8270C
87-68-3
Hexachlorobutadiene
8270C
59-50-7
4-Chloro-3-methylphenol
8270C
91-57-6
2-Methylnaphthalene
8270C
77-47-4
Hexachlorocyclopentadiene
8270C
88-06-2
2,4,6-Trichlorophenol
8270C
95-96-4
2,4,5-Trichlorophenol
8270C
91-58-7
2-Chloronaphthalene
8270C
88-74-4
2-Nitroaniline
8270C
131-11-3
Dimethylphthalate
8270C
208-96-8
Acenaphthylene
8270C 8310
606-20-2
2,6-dinitrotoluene
8270C
99-09-2
3-Nitroanaline
8270C
83-32-9
Acenaphthene
8270C 8310
51-28-5
2,4-Dinitrophenol
8270C
100-02-7
4-Nitrophenol
8270C
132-64-9
Dibenzofuran
8270C
121-14-2
2,4-Dinitrotoluene
8270C
84-66-2
Diethylphthalate
8270C
7005-72-3
4-Chlorophenyl-phenyl ether
8270C
86-73-7
Fluorene
8270C 8310
100-01-6
4-Nitroaniline
8270C
534-52-1
4,6-Dinitro-2-methylphenol
8270C
86-30-6
N-nitrosodiphenylamine
8270C
101-55-3
4-Bromophenyl-phenyl ether
8270C
118-74-1
Hexachlorobenzene
8270C
87-86-5
Pentachlorophenol
8270C
85-01-8
Phenanthrene
8270C 8310
120-12-7
Anthracene
8270C 8310
86-74-8
Carbazole
8270C
84-74-2
Di-n-butylphthalate
8270C
206-44-0
Fluoranthene
8270C 8310
129-00-0
Pyrene
8270C 8310
85-68-7
Butylbenzylphthalate
8270C
91-94-1
3,3'-Dichlorobenzidine
8270C
56-55-3
Benzo(a)anthracene
8270C 8310
218-01-9
Chrysene
8270C 8310
117-81-7
bis(2-Ethylhexyl)phthalate
8270C
117-84-0
Di-n-octylphthalate
8270C
205-99-2
Benzo(b)fluoranthene
8270C 8310
207-08-9
Benzo(k)fluoranthene
8270C 8310
50-32-8
Benzo(a)pyrene
8270C
193-39-5
Indeno(1,2,3-cd)pyrene
8270C 8310
53-70-3
Dibenz(a,h)anthracene
8270C
191-24-2
Benzo(g,h,i)perylene
8270C 8310
The laboratory shall report nonsurrogate components,
					 tentatively identified by library search conducted per the guidelines contained
					 in the analytical method.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 740 - SITE REMEDIATION PROGRAM › Subpart I - REVIEW OF REMEDIATION COSTS FOR BROWNFIELDS SITE RESTORATION PROGRAM › Appendix A - Target Compound List › Title C - Pesticide and Aroclors Organic Analytical Parameters

Current through Register Vol. 48, No. 28, July 12, 2024
CAS
								No.
Compound
Method
319-84-6
alpha-BHC
8081A
319-85-7
beta-BHC
8081A
319-86-8
delta-BHC
8081A
58-89-9
gamma-BHC
8081A
76-44-8
Heptachlor
8081A
309-00-2
Aldrin
8081A
1024-57-3
Heptachlor epoxide
8081A
959-98-8
Endosulfan I
8081A
60-57-1
Dieldrin
8081A
72-55-9
4,4'-DDE
8081A
72-20-8
Endrin
8081A
33213-65-9
Endosulfan II
8081A
72-54-8
4,4'-DDD
8081A
1031-07-8
Endosulfan sulfate
8081A
50-29-3
4,4'-DDT
8081A
72-43-5
Methoxychlor
8081A
53494-70-5
Endrin ketone
8081A
7421-93-4
Endrin aldehyde
8081A
5103-71-9
alpha-Chlordane
8081A
5566-34-7
gamma-Chlordane
8081A
8001-35-2
Toxaphene
8081A
12674-11-2
Aroclor - 1016
8082
11104-28-2
Aroclor - 1221
8082
11141-16-5
Aroclor - 1232
8082
53469-21-9
Aroclor - 1242
8082
12672-29-6
Aroclor - 1248
8082
11097-69-1
Aroclor - 1254
8082
111096-82-5
Aroclor - 1260
8082
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 740 - SITE REMEDIATION PROGRAM › Subpart I - REVIEW OF REMEDIATION COSTS FOR BROWNFIELDS SITE RESTORATION PROGRAM › Appendix A - Target Compound List › Title D - Inorganic Analytical Parameters

Current through Register Vol. 48, No. 28, July 12, 2024
Analyte
CAS
								No.
Analyte
Method
7429-90-5
Aluminum
6010B/6020
7440-36-0
Antimony
6010B/6020
7440-38-2
Arsenic
6020/7060A/7061A/7062
7440-39-3
Barium
6010B/6020
7440-41-7
Beryllium
6010B/6020
7440-43-9
Cadmium
6010B/6020
7440-70-2
Calcium
6010B
7440-47-3
Chromium
6010B/6020
7440-48-4
Cobalt
6010B/6020
7440-50-8
Copper
6010B/6020
7439-89-6
Iron
6010B
7439-92-1
Lead
6020/7421
7239-95-4
Magnesium
6010B
7439-96-5
Manganese
6010B/6020
7439-97-6
Mercury
7470A/7471A
7440-02-0
Nickel
6010B/6020
7440-09-7
Potassium
6010B
7782-49-2
Selenium
7740A/7741A/7742
7440-22-4
Silver
6010B/6020
7440-23-5
Sodium
6010B
7440-28-0
Thallium
6020/7841
7440-62-2
Vanadium
6010B
7440-66-6
Zinc
6010B/6020
57-12-5
Cyanide
9012A
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 740 - SITE REMEDIATION PROGRAM › Subpart I - REVIEW OF REMEDIATION COSTS FOR BROWNFIELDS SITE RESTORATION PROGRAM › Appendix B - Review and Evaluation Licensed Professional Engineer Information

Current through Register Vol. 48, No. 28, July 12, 2024
* Firm name.
* Address.
* Telephone/fax.
* Principal officials and titles.
* Number of full-time employees.
* Business structure (corporation, partnership, LLP, LLC,
				  PSC).
* Licensed by Secretary of State? #___________
* Licensed by Dept. of Professional Regulation?
				  #___________
* Name of Illinois Registered Managing Agent.
Names of insurance carriers and amount of
				  coverage:
Worker's
				  Compensation:_____________________________________________
General
				  Liability:___________________________________________________
Professional
				  Liability:________________________________________________
* Does the stated professional liability policy include
				  coverage for "environmental" claims related to release of pollutants? If not
				  covered, or covered by a different carrier or in a different amount, so
				  state.
* Has the firm or owners ever filed bankruptcy? If "yes,"
				  state when and explain.
* Is the firm an outgrowth, result, continuation or
				  reorganization of a former business? If "yes," explain background.
* List RELPEs and other key full-time employees that will
				  participate on this project with the RELPE. Provide resumes for each, including
				  Illinois P.E. License #, certifications, project role, years of experience in
				  related work and education.
* List five projects similar in nature and identify the role
				  of the RELPE.
* Are employees to be assigned to the project in compliance
				  with
				  29 CFR
				  1910.120 (HAZWOPER training and medical
				  surveillance) as applicable to their role on the project?
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 741 - PROPORTIONATE SHARE LIABILITY › Subpart A - GENERAL › Section 741.100 - Purpose

Current through Register Vol. 48, No. 28, July 12, 2024
The purpose of this Part is to establish procedures under
				  which the Board will allocate proportionate shares of the performance or costs
				  of a response resulting from the release or substantial threat of a release of
				  regulated substances or pesticides on, in, under or from a
				  site.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 741 - PROPORTIONATE SHARE LIABILITY › Subpart A - GENERAL › Section 741.105 - Applicability

Current through Register Vol. 48, No. 28, July 12, 2024
a) This Part
				applies to proceedings before the Board in which:
1) Any person seeks, under the Environmental
				Protection Act [415 ILCS 5 ] or the Groundwater Protection Act [415 ILCS 55 ],
				to require another person to perform, or to recover the costs of, a response
				that results from a release or substantial threat of a release of regulated
				substances or pesticides on, in, under or from a site; or
2) Two or more persons seek to allocate among
				themselves 100 percent of the performance or costs of a response that results
				from a release or substantial threat of a release of regulated substances or
				pesticides on, in, under or from a site.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 741 - PROPORTIONATE SHARE LIABILITY › Subpart A - GENERAL › Section 741.115 - Discovery Before an Action is Filed

Current through Register Vol. 48, No. 28, July 12, 2024
a) Any person who wishes to engage in
				discovery before filing an action seeking proportionate shares may file a
				petition with the Board for discovery for the sole purpose of identifying
				persons who may have proximately caused or contributed to a release or
				substantial threat of a release of regulated substances or
				pesticides.
b) The petition, which
				must be supported by affidavits, must be brought in the name of the petitioner
				and must name as respondents the person or persons from whom discovery is
				sought. A brief or memorandum and other supporting documents may be filed with
				the petition. The petition must include:
1)
				The name and address of the respondents;
2) The reason the proposed discovery is
				necessary, including why the petitioner could not obtain the information sought
				by any other reasonable means;
3) A
				copy of the proposed discovery requests;
4) A statement of the petitioner's basis for
				belief that there is a release or substantial threat of a release and that the
				respondent has or may have the information sought;
5) The petitioner's proposed time for
				compliance with the order (not less than 30 days from the date of issuance of
				the order);
6) A request that the
				Board enter an order authorizing petitioner to obtain such discovery;
				and
7) A notice informing the
				respondent of the opportunity to respond to the petition within 30
				days.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 741 - PROPORTIONATE SHARE LIABILITY › Subpart A - GENERAL › Section 741.120 - Section 58.9(b) Notice

Current through Register Vol. 48, No. 28, July 12, 2024
In the event the State of Illinois seeks to require a person
				  who may be liable pursuant to the Act to conduct a response for a release or
				  threatened release of a regulated substance, the Agency shall provide notice to
				  such person. Such notice shall include the necessity to conduct a response
				  pursuant to Title XVII of the Act and an opportunity for the person to perform
				  the response. (Section 58.9(b) of the Act)
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 741 - PROPORTIONATE SHARE LIABILITY › Subpart A - GENERAL › Section 741.125 - Notice to Agency

Current through Register Vol. 48, No. 28, July 12, 2024
A person seeking allocation of proportionate shares must
				  serve a copy of the complaint, or the petition under Subpart C of this Part, on
				  the Agency within 30 days after the filing of the complaint or petition. Such
				  person must serve the Agency pursuant to 35 Ill. Adm. Code 101.141. The Agency
				  may file an application with the Board to intervene in the proceeding under 35
				  Ill. Adm. Code 103.142.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 741 - PROPORTIONATE SHARE LIABILITY › Subpart A - GENERAL › Section 741.130 - Discovery After an Action is Filed

Current through Register Vol. 48, No. 28, July 12, 2024
a) Within time limits set by the hearing
				officer, each party to a proceeding in which allocation of proportionate shares
				is sought must compile any and all documents within its possession or control
				pertaining to the release or threatened release and the party's proportionate
				share and shall make the records available for review and copying by the
				parties. Documents protected from disclosure under 35 Ill. Adm. Code 101 and
				103 are not subject to this Section.
b) Discovery is governed by 35 Ill. Adm. Code
				101 and 103, and all discovery devices identified in 35 Ill. Adm. Code 101 and
				103 are available to all parties in a proceeding to allocate proportionate
				shares. Sanctions for failure to comply with procedural rules, subpoenas, or
				order of the Board or hearing officer will be as set forth therein and as
				otherwise available under the Act.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 741 - PROPORTIONATE SHARE LIABILITY › Subpart A - GENERAL › Section 741.135 - Allocation Factors

Current through Register Vol. 48, No. 28, July 12, 2024
In determining proportionate shares under this Part, the
				  Board will consider any or all factors related to the degree to which the
				  performance or costs of a response result from a person's proximate causation
				  of or contribution to the release or substantial threat of a release. These
				  factors include the following:
a) The
				volume of regulated substances or pesticides for which each person is
				responsible;
b) Consistent with the
				provisions of 35 Ill. Adm. Code 742 and the remediation of the site in a manner
				consistent with its current and reasonably foreseeable future use, the degree
				of risk or hazard posed by the regulated substances or pesticides contributed
				by each person;
c) The degree of
				each person's involvement in any activity that proximately caused or
				contributed to the release or substantial threat of a release of regulated
				substances or pesticides; and
d)
				Any other factors relevant to a person's proportionate share.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 741 - PROPORTIONATE SHARE LIABILITY › Subpart A - GENERAL › Section 741.140 - Relief from Final Orders

Current through Register Vol. 48, No. 28, July 12, 2024
a) On
				written motion by any party, the Board, for any of the reasons set forth in 35
				Ill. Adm. Code 101.301(b), may provide relief from a final order in which the
				Board allocated proportionate shares.
b) Relief under subsection (a) of this
				Section may include reallocation of proportionate shares.
c) The Board may decline to reopen an
				allocation determination if the motion and any supporting materials do not
				demonstrate that the reopening would result in significant changes in
				proportionate shares.
d) A motion
				under subsection (a) of this Section must be filed with the Board within one
				year after entry of the order, except that when the response begins during this
				one-year period, a motion under subsection (a) of this Section must be filed
				with the Board within three years after entry of the order. Upon written
				motion, the Board may extend either of these periods for cause shown.
e) Any response to a motion under this
				Section must be filed within 30 days after the filing of the motion.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 741 - PROPORTIONATE SHARE LIABILITY › Subpart A - GENERAL › Section 741.145 - Severability

Current through Register Vol. 48, No. 28, July 12, 2024
If any Section, subsection, sentence or clause of this Part
				  is judged invalid, such adjudication does not affect the validity of this Part
				  as a whole or any Section, subsection, sentence or clause thereof not judged
				  invalid.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 741 - PROPORTIONATE SHARE LIABILITY › Subpart B - ALLOCATION OF PROPORTIONATE SHARES WHEN A COMPLAINT HAS BEEN FILED › Section 741.200 - General

Current through Register Vol. 48, No. 28, July 12, 2024
This Subpart sets forth the procedures that apply when a
				  complaint is filed with the Board that seeks, under the Act or the Groundwater
				  Protection Act [415 ILCS 55 ], to require any person to perform a response that
				  results from a release or substantial threat of a release of regulated
				  substances or pesticides, or to recover the costs of a response. This Subpart
				  also sets forth the burden and standard of proof for such
				  actions.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 741 - PROPORTIONATE SHARE LIABILITY › Subpart B - ALLOCATION OF PROPORTIONATE SHARES WHEN A COMPLAINT HAS BEEN FILED › Section 741.205 - Burden and Standard of Proof

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				To establish a respondent's proportionate share, the complainant must prove the
				following by a preponderance of the evidence:
1) That the respondent proximately caused or
				contributed to a release or substantial threat of a release of regulated
				substances or pesticides on, in, under or from a site; and
2) The degree to which the performance or
				costs of a response result from the respondent's proximate causation of or
				contribution to the release or substantial threat of a release as established
				under subsection (a)(1) of this Section.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 741 - PROPORTIONATE SHARE LIABILITY › Subpart B - ALLOCATION OF PROPORTIONATE SHARES WHEN A COMPLAINT HAS BEEN FILED › Section 741.210 - Final Orders

Current through Register Vol. 48, No. 28, July 12, 2024
a) Based on the
				evidence presented at hearing or in a stipulation, the Board will enter a final
				order that determines whether a respondent proximately caused or contributed to
				a release or substantial threat of a release.
b) If the Board determines, under subsection
				(a) of this Section, that a respondent proximately caused or contributed to a
				release or substantial threat of a release, the Board will, in its final order,
				order respondent to perform or pay for a response. The Board will order the
				respondent to perform or pay for a response only to the degree to which a
				preponderance of the evidence shows that the performance or costs of the
				response result from the respondent's proximate causation of or contribution to
				the release or substantial threat of a release. In making this decision, the
				Board will consider the allocation factors of Section
				741.135 of
				this Part.
c) If any party fails to
				comply with the Board's order under this Section, any party may seek penalties
				under Section 42 of the Act. The Board may order a party that fails to comply
				with the Board's order under this Section to pay penalties under Section 42 of
				the Act.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 741 - PROPORTIONATE SHARE LIABILITY › Subpart C - VOLUNTARY ALLOCATION PROCEEDINGS › Section 741.300 - General

Current through Register Vol. 48, No. 28, July 12, 2024
This Subpart sets forth the procedures that may apply when
				  two or more persons seek to allocate among themselves 100 percent of the
				  performance or costs of a response that results from a release or substantial
				  threat of a release of regulated substances or pesticides on, in, under or from
				  a site. This Subpart also includes procedures for mediation and settlements and
				  the requirements and standards that the Board will use to issue final
				  orders.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 741 - PROPORTIONATE SHARE LIABILITY › Subpart C - VOLUNTARY ALLOCATION PROCEEDINGS › Section 741.305 - Initiation of Voluntary Allocation Proceeding

Current through Register Vol. 48, No. 28, July 12, 2024
a) Participants that agree to accept 100
				percent of liability to perform or pay for a response that results from a
				release or substantial threat of a release of regulated substances or
				pesticides on, in, under or from a site, whether or not they stipulate to
				specific shares of such liability, may initiate a voluntary allocation
				proceeding by filing a petition with the Board if:
1) There is an Agency-approved Remedial
				Action Plan for the site under 35 Ill. Adm. Code 740; or
2) There is a written agreement with the
				Agency regarding the performance of a response at the site following the
				issuance of a notice under Section 4(q) or Section 58.9(b) of the
				Act.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 741 - PROPORTIONATE SHARE LIABILITY › Subpart C - VOLUNTARY ALLOCATION PROCEEDINGS › Section 741.310 - Allocation Proposals and Hearing Requests

Current through Register Vol. 48, No. 28, July 12, 2024
a) Within 60 days following the close of
				discovery, the participants must submit a joint proposal to the Board that must
				include either or both of the following, as applicable:
1) For any or all of the participants, an
				agreed allocation of proportionate shares;
2) A request for hearing on all allocations
				of proportionate shares for which the participants have not agreed.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 741 - PROPORTIONATE SHARE LIABILITY › Subpart C - VOLUNTARY ALLOCATION PROCEEDINGS › Section 741.315 - Settlements

Current through Register Vol. 48, No. 28, July 12, 2024
Nothing in this Subpart prohibits the participants from, at
				  any time, entering into a settlement for Board review if the settlement
				  allocates among the settling participants 100 percent of the performance or
				  costs of the response under the Remedial Action Plan or written agreement with
				  the Agency.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 741 - PROPORTIONATE SHARE LIABILITY › Subpart C - VOLUNTARY ALLOCATION PROCEEDINGS › Section 741.320 - Mediation

Current through Register Vol. 48, No. 28, July 12, 2024
a) If the
				participants wish to engage in mediation, the participants may file a joint
				notice of that intent with the Board designating a mediator whom the
				participants have mutually selected.
b) While mediation is proceeding, the time
				period for the allocation proposal and hearing request under Section
				741.310
				of this Subpart and all discovery proceedings under this Part and 35 Ill. Adm.
				Code 101 and 103 are suspended.
c)
				Mediation must be completed within 120 days after the participants have filed
				notice of their intent to mediate with the Board. Upon written motion, the
				Board may extend this period for cause shown.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 741 - PROPORTIONATE SHARE LIABILITY › Subpart C - VOLUNTARY ALLOCATION PROCEEDINGS › Section 741.325 - Settlement Through Mediation

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				If the participants reach an agreement through mediation, it must be reduced to
				writing and signed by the participants. Within 14 days after execution of the
				agreement, the participants must file a joint motion to dismiss the Board
				action or a motion to accept the stipulated settlement agreement.
b) If the participants do not reach an
				agreement, the participants must report the lack of an agreement to the Board
				and file either:
1) A joint motion to dismiss
				the Board action; or
2) A joint
				motion to initiate or resume the Board allocation proceeding under Sections
				741.310
				and
				741.315 of
				this Subpart.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 741 - PROPORTIONATE SHARE LIABILITY › Subpart C - VOLUNTARY ALLOCATION PROCEEDINGS › Section 741.330 - Board Review and Final Orders

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Based on the evidence presented at hearing or in a stipulation, the Board will
				enter a final order allocating a proportionate share to each
				participant.
b) The Board's final
				order will allocate 100 percent of the performance or costs of the response
				under the Remedial Action Plan or written agreement with the Agency. If the
				total of the agreed allocations under Section
				741.310(a)(1)
				 of this Subpart and the proportionate shares
				demonstrated during the hearing do not equal 100 percent of the performance or
				costs of the response, the Board's order will allocate the remaining liability
				for performance or costs among all of the participants in the same ratio as the
				shares that have been agreed upon or demonstrated during the hearing.
c) The Board's final order will include an
				order to perform or pay for the response based on the proportionate shares
				determined during the proceeding.
d) The Board may impose penalties under
				Section 42 of the Act if a participant fails to comply with a Board order under
				this Section.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 742 - TIERED APPROACH TO CORRECTIVE ACTION OBJECTIVES › Subpart A - INTRODUCTION › Section 742.100 - Intent and Purpose

Current through Register Vol. 48, No. 28, July 12, 2024
a) This Part
				sets forth procedures for evaluating the risk to human health posed by
				environmental conditions and developing remediation objectives that achieve
				acceptable risk levels.
b) The
				purpose of these procedures is to provide for the adequate protection of human
				health and the environment based on the risks to human health posed by
				environmental conditions while incorporating site related
				information.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 742 - TIERED APPROACH TO CORRECTIVE ACTION OBJECTIVES › Subpart A - INTRODUCTION › Section 742.105 - Applicability

Current through Register Vol. 48, No. 28, July 12, 2024
a) Any person,
				including a person required to perform an investigation pursuant to the
				Illinois Environmental Protection Act [415 ILCS 5 ] (Act), may elect to proceed
				under this Part to the extent allowed by State or federal law and regulations
				and the provisions of this Part and subject to the exceptions listed in
				subsection (h) below. A person proceeding under this Part may do so to the
				extent such actions are consistent with the requirements of the program under
				which site remediation is being addressed.
b) This Part is to be used in conjunction
				with the procedures and requirements applicable to the following programs:
1) Leaking Underground Storage Tanks (35 Ill.
				Adm. Code 731 and 734);
2) Site
				Remediation Program (35 Ill. Adm. Code 740); and
3) RCRA Part B Permits and Closure Plans (35
				Ill. Adm. Code 724 and 725).
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 742 - TIERED APPROACH TO CORRECTIVE ACTION OBJECTIVES › Subpart A - INTRODUCTION › Section 742.115 - Key Elements

Current through Register Vol. 48, No. 28, July 12, 2024
To develop remediation objectives under this Part, the
				  following key elements shall be addressed.
a) Exposure Routes
1) This Part identifies the following as
				potential exposure routes to be addressed:
A)
				Outdoor inhalation;
B) Indoor
				inhalation;
C) Soil
				ingestion;
D) Groundwater
				ingestion; and
E) Dermal contact
				with soil.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 742 - TIERED APPROACH TO CORRECTIVE ACTION OBJECTIVES › Subpart A - INTRODUCTION › Section 742.120 - Site Characterization

Current through Register Vol. 48, No. 28, July 12, 2024
Characterization of the extent and concentrations of
				  contamination at a site shall be performed before beginning development of
				  remediation objectives. The actual steps and methods taken to characterize a
				  site are determined by the requirements applicable to the specific program
				  under which site remediation is being addressed.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 742 - TIERED APPROACH TO CORRECTIVE ACTION OBJECTIVES › Subpart B - GENERAL › Section 742.205 - Severability

Current through Register Vol. 48, No. 28, July 12, 2024
If any provision of this Part or its application to any
				  person or under any circumstances is adjudged invalid, such adjudication shall
				  not affect the validity of this Part as a whole or any portion not adjudged
				  invalid.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 742 - TIERED APPROACH TO CORRECTIVE ACTION OBJECTIVES › Subpart B - GENERAL › Section 742.215 - Determination of Soil Attenuation Capacity

Current through Register Vol. 48, No. 28, July 12, 2024
a) The concentrations of organic contaminants
				of concern remaining in the soil shall not exceed the attenuation capacity of
				the soil, as determined under subsection (b) of this Section.
b) The soil attenuation capacity is not
				exceeded if:
1) The sum of the organic
				contaminant residual concentrations analyzed for the purposes of the
				remediation program for which the analysis is performed, at each discrete
				sampling point, is less than the natural organic carbon fraction of the soil.
				If the information relative to the concentration of other organic contaminants
				is available, such information shall be included in the sum. The natural
				organic carbon fraction (foc) shall be either:
A) A default value of 6000 mg/kg for soils
				within the top meter and 2000 mg/kg for soils below one meter of the surface;
				or
B) A site-specific value as
				measured by the analytical method referenced in Appendix C, Table F, multiplied
				by 0.58 to estimate the fraction of organic carbon, as stated in, Nelson and
				Sommers (1982) or by SW-846 Method 9060: Total Organic Carbon, as incorporated
				by reference in Section
				742.210;
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 742 - TIERED APPROACH TO CORRECTIVE ACTION OBJECTIVES › Subpart B - GENERAL › Section 742.220 - Determination of Soil Saturation Limit

Current through Register Vol. 48, No. 28, July 12, 2024
a) For any organic contaminant that has a
				melting point below 30°C, the remediation objective for the outdoor
				inhalation exposure route developed under Tier 2 shall not exceed the soil
				saturation limit, as determined under subsection (c).
b) For any organic contaminant that has a
				melting point below 30°C, the remediation objective under Tier 2 for the
				soil component of the groundwater ingestion exposure route shall not exceed the
				soil saturation limit, as determined under subsection (c).
c) The soil saturation limit shall be:
1) The value listed in Appendix A, Table A
				for that specific contaminant;
2) A
				value derived from Equation S29 in Appendix C, Table A; or
3) A value derived from another method
				approved by the Agency.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 742 - TIERED APPROACH TO CORRECTIVE ACTION OBJECTIVES › Subpart B - GENERAL › Section 742.222 - Determination of Soil Vapor Saturation Limit

Current through Register Vol. 48, No. 28, July 12, 2024
a) For any volatile chemical, the soil gas
				remediation objective for the indoor and outdoor inhalation exposure routes
				developed under Tier 2 shall not exceed the soil vapor saturation limit, as
				determined under subsection (b).
b)
				The soil vapor saturation limit shall be:
1)
				The value listed in Appendix A, Table K for that specific
				contaminant;
2) A value derived
				from Equation J&E5 in Appendix C, Table L; or
3) A value derived from another method
				approved by the Agency.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 742 - TIERED APPROACH TO CORRECTIVE ACTION OBJECTIVES › Subpart B - GENERAL › Section 742.225 - Demonstration of Compliance with Soil and Groundwater Remediation Objectives

Current through Register Vol. 48, No. 28, July 12, 2024
Compliance with soil and groundwater remediation objectives
				  is achieved if each sample result does not exceed that respective remediation
				  objective unless a person elects to proceed under subsections (c), (d) and
				  (e).
a) Compliance with groundwater
				remediation objectives developed under Subparts D through F and H through I
				shall be demonstrated by comparing the contaminant concentrations of discrete
				samples at each sample point to the applicable groundwater remediation
				objective. Sample points shall be determined by the program under which
				remediation is performed.
b) Unless
				the person elects to composite samples or average sampling results as provided
				in subsections (c) and (d), compliance with soil remediation objectives
				developed under Subparts D through G and I shall be demonstrated by comparing
				the contaminant concentrations of discrete samples to the applicable soil
				remediation objective.
1) Except as provided
				in subsections (c) and (d), compositing of samples is not allowed.
2) Except as provided in subsections (c) and
				(d), averaging of sample results is not allowed.
3) Notwithstanding subsections (c) and (d),
				compositing of samples and averaging of sample results is not allowed for the
				construction worker population.
4)
				The number of sampling points required to demonstrate compliance is determined
				by the requirements applicable to the program under which remediation is
				performed.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 742 - TIERED APPROACH TO CORRECTIVE ACTION OBJECTIVES › Subpart B - GENERAL › Section 742.227 - Demonstration of Compliance with Soil Gas Remediation Objectives for the Outdoor and Indoor Inhalation Exposure Routes

Current through Register Vol. 48, No. 28, July 12, 2024
a) For purposes of the outdoor inhalation
				exposure route and the indoor inhalation exposure route, compliance with soil
				gas remediation objectives developed under any tier shall be demonstrated in
				accordance with this Section by comparing the contaminant concentrations of
				discrete samples at each sample point to the applicable soil gas remediation
				objective.
b) This Section applies
				to exterior soil gas samples for the outdoor inhalation exposure route,
				near-slab soil gas samples collected outside of an existing building for the
				indoor inhalation exposure route, and exterior soil gas samples collected at
				the footprint of a potential building for the indoor inhalation exposure route.
				Proposals to use sub-slab soil gas data for the indoor inhalation exposure
				route shall follow Section
				742.935(c).
c) Sample points shall be determined by the
				program under which remediation is performed.
d) When collecting soil gas samples:
1) Use rigid-wall tubing made of nylon or
				Teflon® or other material approved by the
				Agency;
2) Use gas-tight, inert
				containers to hold the sample. For light sensitive or halogenated volatile
				chemicals, these containers shall be opaque or dark-colored;
3) Purge three volumes before obtaining each
				discrete soil gas sample;
4) Use a
				helium tracer or other leak apparatus detection system approved by the Agency;
				and
5) Limit the flow rate to 200
				ml/min.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 742 - TIERED APPROACH TO CORRECTIVE ACTION OBJECTIVES › Subpart B - GENERAL › Section 742.230 - Agency Review and Approval

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Documents and requests filed with the Agency under this Part shall be submitted
				in accordance with the procedures applicable to the specific program under
				which remediation is performed.
b)
				Agency review and approval of documents and requests under this Part shall be
				performed in accordance with the procedures applicable to the specific program
				under which the remediation is performed.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 742 - TIERED APPROACH TO CORRECTIVE ACTION OBJECTIVES › Subpart C - EXPOSURE ROUTE EVALUATIONS › Section 742.300 - Exclusion of Exposure Route

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				This Subpart sets forth requirements to demonstrate that an actual or potential
				impact to a receptor or potential receptor from a contaminant of concern can be
				excluded from consideration from one or more exposure routes. If an evaluation
				under this Subpart demonstrates the applicable requirements for excluding an
				exposure route are met, then the exposure route is excluded from consideration
				and no remediation objective(s) need be developed for that exposure
				route.
b) No exposure route may be
				excluded from consideration until characterization of the extent and
				concentrations of contaminants of concern at a site has been performed. The
				actual steps and methods taken to characterize a site shall be determined by
				the specific program requirements under which the site remediation is being
				addressed.
c) As an alternative to
				the use of the requirements in this Subpart, a person may use the procedures
				for evaluation of exposure routes under Tier 3 as set forth in Section
				742.925.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 742 - TIERED APPROACH TO CORRECTIVE ACTION OBJECTIVES › Subpart C - EXPOSURE ROUTE EVALUATIONS › Section 742.305 - Contaminant Source and Free Product Determination

Current through Register Vol. 48, No. 28, July 12, 2024
No exposure route shall be excluded from consideration
				  relative to a contaminant of concern unless the following requirements are
				  met:
a) The sum of the concentrations
				of all organic contaminants of concern shall not exceed the attenuation
				capacity of the soil as determined under Section
				742.215;
b) The concentrations of any organic
				contaminants of concern remaining in the soil shall not exceed the soil
				saturation limit as determined under Section
				742.220;
c) Any soil which contains contaminants of
				concern shall not exhibit any of the characteristics of reactivity for
				hazardous waste as determined under 35 Ill. Adm. Code
				721.123;
d) Any soil which contains contaminants of
				concern shall not exhibit a pH less than or equal to 2.0 or greater than or
				equal to 12.5, as determined by SW-846 Method 9040B: pH Electrometric for soils
				with 20% or greater aqueous (moisture) content or by SW-846 Method 9045C: Soil
				pH for soils with less than 20% aqueous (moisture) content as incorporated by
				reference in Section
				742.210;
e) Any soil which contains contaminants of
				concern in the following list of inorganic chemicals or their salts shall not
				exhibit any of the characteristics of toxicity for hazardous waste as
				determined by 35 Ill. Adm. Code
				721.124:
				arsenic, barium, cadmium, chromium, lead, mercury, selenium or
				silver;
f) If contaminants of
				concern include polychlorinated biphenyls (PCBs), the concentration of any PCBs
				in the soil shall not exceed 50 parts per million as determined by SW-846
				Methods; and
g) The concentration
				of any contaminant of concern in soil gas shall not exceed 10% of its Lower
				Explosive Limit (LEL) as measured by a hand held combustible gas indicator that
				has been calibrated to manufacturer specifications.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 742 - TIERED APPROACH TO CORRECTIVE ACTION OBJECTIVES › Subpart C - EXPOSURE ROUTE EVALUATIONS › Section 742.310 - Outdoor Inhalation Exposure Route

Current through Register Vol. 48, No. 28, July 12, 2024
The outdoor inhalation exposure route may be excluded from
				  consideration if:
a) The requirements
				in subsection (a)(1) or (a)(2) are met:
1) An
				approved engineered barrier is in place that meets the requirements of Subpart
				K; or
2) The only contaminants of
				concern are benzene, toluene, ethylbenzene, and total xylenes, and a
				demonstration of active biodegradation has been made for benzene, toluene,
				ethylbenzene, and total xylenes such that no outdoor inhalation exposure will
				occur. This demonstration shall be submitted to the Agency for review and
				approval;
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 742 - TIERED APPROACH TO CORRECTIVE ACTION OBJECTIVES › Subpart C - EXPOSURE ROUTE EVALUATIONS › Section 742.312 - Indoor Inhalation Exposure Route

Current through Register Vol. 48, No. 28, July 12, 2024
The indoor inhalation exposure route may be excluded from
				  consideration if:
a) None of the
				contaminants of concern are listed on Appendix A, Table J and none of the
				contaminants of concern are volatile chemicals, as defined in Section
				742.200;
				or
b) The requirements in
				subsections (b)(1)(A), (B) or (C) and (b)(2) and (b)(3) are met:
1) Exclusion options when the contaminants of
				concern are volatile chemicals:
A) No
				building or man-made pathway exists or will be placed above contaminated soil
				gas or groundwater exceeding Tier 1 remediation objectives for residential
				property (Appendix B, Table H), provided, however, that there is also no soil
				or groundwater contamination exceeding Tier 1 remediation objectives for
				residential property (Appendix B, Table A) or Class I groundwater (Appendix B,
				Table E) located 5 feet or less, horizontally, from any existing or potential
				building or man-made pathway.
B) An
				approved building control technology is in place or will be placed that meets
				the requirements of Subpart L; or
C) If the contaminants of concern are
				benzene, toluene, ethylbenzene, and total xylenes only, a demonstration of
				active biodegradation has been made for benzene, toluene, ethylbenzene, and
				total xylenes such that no indoor inhalation exposure will occur. This
				demonstration shall be submitted to the Agency for review and
				approval;
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 742 - TIERED APPROACH TO CORRECTIVE ACTION OBJECTIVES › Subpart C - EXPOSURE ROUTE EVALUATIONS › Section 742.315 - Soil Ingestion Exposure Route

Current through Register Vol. 48, No. 28, July 12, 2024
The soil ingestion exposure route may be excluded from
				  consideration if:
a) The requirements
				of Sections
				742.300
				and
				742.305
				are met;
b) An approved engineered
				barrier is in place that meets the requirements of Subpart K;
c) Safety precautions for the construction
				worker are taken if the Tier 1 construction worker remediation objectives are
				exceeded; and
d) An institutional
				control, in accordance with Subpart J, will be placed on the
				property.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 742 - TIERED APPROACH TO CORRECTIVE ACTION OBJECTIVES › Subpart C - EXPOSURE ROUTE EVALUATIONS › Section 742.320 - Groundwater Ingestion Exposure Route

Current through Register Vol. 48, No. 28, July 12, 2024
The groundwater ingestion exposure route may be excluded from
				  consideration if:
a) The requirements
				of Sections
				742.300
				and
				742.305
				are met;
b) The corrective action
				measures have been completed to remove any free product to the maximum extent
				practicable;
c) The source of the
				release is not located within the minimum or designated maximum setback zone or
				within a regulated recharge area of a potable water supply well;
d) As demonstrated in accordance with Section
				742.1015,
				for any area within the measured and modeled extent of groundwater
				contamination above what would otherwise be the applicable Tier 1 groundwater
				remediation objectives, an ordinance adopted by a unit of local government is
				in place that effectively prohibits the installation of potable water supply
				wells (and the use of such wells);
e) As demonstrated using Equation R26, in
				Appendix C, Table C, in accordance with Section
				742.810,
				the concentration of any contaminant of concern in groundwater within the
				minimum or designated maximum setback zone of an existing potable water supply
				well will meet the applicable Tier 1 groundwater remediation objective;
				and
f) As demonstrated using
				Equation R26, in Appendix C, Table C, in accordance with Section 742.810, the
				concentration of any contaminant of concern in groundwater discharging into a
				surface water will meet the applicable surface water quality standard under 35
				Ill. Adm. Code 302.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 742 - TIERED APPROACH TO CORRECTIVE ACTION OBJECTIVES › Subpart D - DETERMINING AREA BACKGROUND › Section 742.400 - Area Background

Current through Register Vol. 48, No. 28, July 12, 2024
This Subpart provides procedures for determining area
				  background concentrations for contaminants of concern. Except as described in
				  Section
				  742.415(c)
				  and (d) of this Subpart, area background
				  concentrations may be used as remediation objectives for contaminants of
				  concern at a site.