(415 ILCS 5/58.7)
Review and approvals.
(a) Requirements. All plans and reports that are submitted pursuant
to this Title shall be submitted for review or approval in accordance with this
(b) Review and evaluation by the Agency.
(1) Except for sites excluded under subdivision (a)
(2) of Section 58.1, the Agency shall, subject to available resources, agree to provide review and evaluation services for activities carried out pursuant to this Title for which the RA requested the services in writing. As a condition for providing such services, the Agency may require that the RA for a site:
(A) Conform with the procedures of this Title;
(B) Allow for or otherwise arrange site visits or
other site evaluation by the Agency when so requested;
(C) Agree to perform the Remedial Action Plan as
approved under this Title;
(D) Agree to pay any reasonable costs incurred
and documented by the Agency in providing such services;
(E) Make an advance partial payment to the Agency
for such anticipated services in an amount, acceptable to the Agency, but not to exceed $5,000 or one-half of the total anticipated costs of the Agency, whichever sum is less; and
(F) Demonstrate, if necessary, authority to act
on behalf of or in lieu of the owner or operator.
(2) Any moneys received by the State for costs
incurred by the Agency in performing review or evaluation services for actions conducted pursuant to this Title shall be deposited in the Hazardous Waste Fund.
(3) An RA requesting services under subdivision (b)
(1) of this Section may, at any time, notify the Agency, in writing, that Agency services previously requested are no longer wanted. Within 180 days after receipt of the notice, the Agency shall provide the RA with a final invoice for services provided until the date of such notifications.
(4) The Agency may invoice or otherwise request or
demand payment from a RA for costs incurred by the Agency in performing review or evaluation services for actions by the RA at sites only if:
(A) The Agency has incurred costs in performing
response actions, other than review or evaluation services, due to the failure of the RA to take response action in accordance with a notice issued pursuant to this Act;
(B) The RA has agreed in writing to the payment
(C) The RA has been ordered to pay such costs by
the Board or a court of competent jurisdiction pursuant to this Act; or
(D) The RA has requested or has consented to
Agency review or evaluation services under subdivision (b)
(1) of this Section.
(5) The Agency may, subject to available resources,
agree to provide review and evaluation services for response actions if there is a written agreement among parties to a legal action or if a notice to perform a response action has been issued by the Agency.
(c) Review and evaluation by a Licensed Professional Engineer or Licensed
Professional Geologist. A RA may elect to contract with a Licensed
Professional Engineer or, in the case of a site investigation report only,
a Licensed Professional Geologist, who will perform review and evaluation
services on behalf of and under the direction of the Agency relative to the
(1) Prior to entering into the contract with the
RELPEG, the RA shall notify the Agency of the RELPEG to be selected. The Agency and the RA shall discuss the potential terms of the contract.
(2) At a minimum, the contract with the RELPEG shall
provide that the RELPEG will submit any reports directly to the Agency, will take his or her directions for work assignments from the Agency, and will perform the assigned work on behalf of the Agency.
(3) Reasonable costs incurred by the Agency shall be
paid by the RA directly to the Agency in accordance with the terms of the review and evaluation services agreement entered into under subdivision (b) (1) of Section 58.7.
(4) In no event shall the RELPEG acting on behalf of
the Agency be an employee of the RA or the owner or operator of the site or be an employee of any other person the RA has contracted to provide services relative to the site.
(d) Review and approval. All reviews required under this Title shall
be carried out by the Agency or a RELPEG, both under the
direction of a Licensed Professional Engineer or, in the case of the
review of a site investigation only, a Licensed Professional Geologist.
(1) All review activities conducted by the Agency or
a RELPEG shall be carried out in conformance with this Title and rules promulgated under Section 58.11.
(2) Subject to the limitations in subsection (c) and
this subsection (d), the specific plans, reports, and activities that the Agency or a RELPEG may review include:
(A) Site Investigation Reports and related
(B) Remediation Objectives Reports;
(C) Remedial Action Plans and related activities;
(D) Remedial Action Completion Reports and
(3) Only the Agency shall have the authority to
approve, disapprove, or approve with conditions a plan or report as a result of the review process including those plans and reports reviewed by a RELPEG. If the Agency disapproves a plan or report or approves a plan or report with conditions, the written notification required by subdivision (d) (4) of this Section shall contain the following information, as applicable:
(A) An explanation of the Sections of this Title
that may be violated if the plan or report was approved;
(B) An explanation of the provisions of the rules
promulgated under this Title that may be violated if the plan or report was approved;
(C) An explanation of the specific type of
information, if any, that the Agency deems the applicant did not provide the Agency;
(D) A statement of specific reasons why the Title
and regulations might not be met if the plan or report were approved; and
(E) An explanation of the reasons for conditions
if conditions are required.
(4) Upon approving, disapproving, or approving with
conditions a plan or report, the Agency shall notify the RA in writing of its decision. In the case of approval or approval with conditions of a Remedial Action Completion Report, the Agency shall prepare a No Further Remediation Letter that meets the requirements of Section 58.10 and send a copy of the letter to the RA.
(5) All reviews undertaken by the Agency or a RELPEG
shall be completed and the decisions communicated to the RA within 60 days of the request for review or approval. The RA may waive the deadline upon a request from the Agency. If the Agency disapproves or approves with conditions a plan or report or fails to issue a final decision within the 60 day period and the RA has not agreed to a waiver of the deadline, the RA may, within 35 days, file an appeal to the Board. Appeals to the Board shall be in the manner provided for the review of permit decisions in Section 40 of this Act.
(e) Standard of review. In making determinations, the following
factors, and additional factors as may be adopted by the Board in accordance
with Section 58.11, shall be considered by the Agency when reviewing or
approving plans, reports, and related activities, or the RELPEG,
when reviewing plans, reports, and related activities:
(1) Site Investigation Reports and related
activities: Whether investigations have been conducted and the results compiled in accordance with the appropriate procedures and whether the interpretations and conclusions reached are supported by the information gathered. In making the determination, the following factors shall be considered:
(A) The adequacy of the description of the site
and site characteristics that were used to evaluate the site;
(B) The adequacy of the investigation of
potential pathways and risks to receptors identified at the site; and
(C) The appropriateness of the sampling and
(2) Remediation Objectives Reports: Whether the
remediation objectives are consistent with the requirements of the applicable method for selecting or determining remediation objectives under Section 58.5. In making the determination, the following factors shall be considered:
(A) If the objectives were based on the
determination of area background levels under subsection (b) of Section 58.5, whether the review of current and historic conditions at or in the immediate vicinity of the site has been thorough and whether the site sampling and analysis has been performed in a manner resulting in accurate determinations;
(B) If the objectives were calculated on the
basis of predetermined equations using site specific data, whether the calculations were accurately performed and whether the site specific data reflect actual site conditions; and
(C) If the objectives were determined using a
site specific risk assessment procedure, whether the procedure used is nationally recognized and accepted, whether the calculations were accurately performed, and whether the site specific data reflect actual site conditions.
(3) Remedial Action Plans and related activities:
Whether the plan will result in compliance with this Title, and rules adopted under it and attainment of the applicable remediation objectives. In making the determination, the following factors shall be considered:
(A) The likelihood that the plan will result in
the attainment of the applicable remediation objectives;
(B) Whether the activities proposed are
consistent with generally accepted engineering practices; and
(C) 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.
(4) Remedial Action Completion Reports and related
activities: Whether the remedial activities have been completed in accordance with the approved Remedial Action Plan and whether the applicable remediation objectives have been attained.
(f) All plans and reports submitted for review shall include a Licensed
Professional Engineer's certification that all investigations and remedial
activities were carried out under his or her direction and, to the best of
his or her knowledge and belief, the work described in the plan or report has
been completed in accordance with generally accepted engineering practices,
and the information presented is accurate and complete.
In the case of
a site investigation report prepared or supervised by a Licensed Professional
Geologist, the required certification may be made by the Licensed Professional
Geologist (rather than a Licensed Professional Engineer) and based upon
generally accepted principles of professional geology.
(g) In accordance with Section 58.11, the Agency shall propose and the
Board shall adopt rules to carry out the purposes of this Section. At a
minimum, the rules shall detail the types of services the Agency may provide
in response to requests under subdivision (b) (1) of this Section and the
recordkeeping it will utilize in documenting to the RA the costs incurred by
the Agency in providing such services.
(h) Public participation.
(1) The Agency shall develop guidance to assist RA's
in the implementation of a community relations plan to address activity at sites undergoing remedial action pursuant to this Title.
(2) The RA may elect to enter into a services
agreement with the Agency for Agency assistance in community outreach efforts.
(3) The Agency shall maintain a registry listing
those sites undergoing remedial action pursuant to this Title.
(4) Notwithstanding any provisions of this Section,
the RA of a site undergoing remedial activity pursuant to this Title may elect to initiate a community outreach effort for the site.
(Source: P.A. 95-331, eff. 8-21-07.)