TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE G: WASTE DISPOSAL
CHAPTER I: POLLUTION CONTROL BOARD
SUBCHAPTER d: UNDERGROUND INJECTION CONTROL AND UNDERGROUND STORAGE TANK PROGRAMS
PART 734
PETROLEUM UNDERGROUND STORAGE TANKS
SECTION 734.100 APPLICABILITY
Section 734.100 Applicability
a) This
Part applies to owners or operators of any underground storage tank system used
to contain petroleum and for which a release is reported to Illinois Emergency
Management Agency (IEMA) in accordance with the Office of State Fire Marshal
(OSFM) regulations. This Part does not apply to owners or operators of sites
for which the OSFM does not require a report to IEMA or for which the OSFM has
issued or intends to issue a certificate of removal or abandonment pursuant to
Section 57.5 of the Act [415 ILCS 5/57.5].
1) For
releases reported prior to June
8, 2010, the Agency may deem that one or more requirements of this Part have
been satisfied, based upon activities conducted prior to June
8, 2010, even though the activities were not conducted in strict accordance
with the requirements of this Part. For example, an owner or operator that
adequately defined the extent of on-site contamination prior to June 8, 2010
may be deemed to have satisfied Sections 734.210(h) and 734.315 even though
sampling was not conducted in strict accordance with those Sections.
2) Costs
incurred pursuant to a budget approved prior to March 1, 2006 must be
reimbursed in accordance with the amounts approved in the budget and must not
be subject to the maximum payment amounts set forth in Subpart H of this Part.
b) This
Part applies to all releases subject to Title XVI of the Act for
which a No Further Remediation Letter is issued on or after June
8, 2010, provided that costs incurred prior to June 8, 2010 shall be
payable from the UST Fund in the same manner as allowed under the law in effect
at the time the costs were incurred and releases for which corrective action
was completed prior to June 8, 2010 shall be eligible for a No Further
Remediation Letter in the same manner as allowed under the law in effect at the
time the corrective action was completed. [415 ILCS 5/57.13] Costs
incurred pursuant to a plan approved by the Agency prior to June 8, 2010 must
be reviewed in accordance with the law in effect at the time the plan was approved.
Any budget associated with such a plan must also be reviewed in accordance with
the law in effect at the time the plan was approved.
c) Upon
the receipt of a corrective action order issued by the OSFM on or after June
24, 2002, and pursuant to Section 57.5(g) of the Act [415 ILCS 5/57.5(g)],
where the OSFM has determined that a release poses a threat to human health or
the environment, the owner or operator of any underground storage tank system
used to contain petroleum and taken out of operation before January 2, 1974, or
any underground storage tank system used exclusively to store heating oil for
consumptive use on the premises where stored and which serves other than a farm
or residential unit, must conduct corrective action in accordance with this
Part.
d) Owners
or operators subject to this Part by law or by election must proceed
expeditiously to comply with all requirements of the Act and the regulations
and to obtain the No Further Remediation Letter signifying final disposition of
the site for purposes of this Part. The Agency may use its authority pursuant
to the Act and Section 734.125 of this Part to expedite investigative,
preventive, or corrective action by an owner or operator or to initiate such
action.
e) The
following underground storage tank systems are excluded from the requirements
of this Part:
1) Equipment
or machinery that contains petroleum substances for operational purposes, such
as hydraulic lift tanks and electrical equipment tanks.
2) Any
underground storage tank system whose capacity is 110 gallons or less.
3) Any
underground storage tank system that contains a de minimis concentration of
petroleum substances.
4) Any
emergency spill or overfill containment underground storage tank system that is
expeditiously emptied after use.
5) Any
wastewater treatment tank system that is part of a wastewater treatment
facility regulated under Section 402 or 307(b) of the Clean Water Act (33 USC
1251 et seq. (1972)).
6) Any UST
system holding hazardous waste listed or identified under Subtitle C of the
Solid Waste Disposal Act (42 USC 3251 et seq.) or a mixture of such hazardous
waste or other regulated substances.
(Source: Amended at 36 Ill.
Reg. 4898, effective March 19, 2012)
 | TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE G: WASTE DISPOSAL
CHAPTER I: POLLUTION CONTROL BOARD
SUBCHAPTER d: UNDERGROUND INJECTION CONTROL AND UNDERGROUND STORAGE TANK PROGRAMS
PART 734
PETROLEUM UNDERGROUND STORAGE TANKS
SECTION 734.105 ELECTION TO PROCEED UNDER PART 734
Section 734.105 Election to Proceed under Part 734
a) Except
as provided in Section 734.100(c) of this Part, owners or operators of
underground storage tanks used exclusively to store heating oil for consumptive
use on the premises where stored and that serve other than a farm or
residential unit may elect to proceed in accordance with this Part by
submitting to the Agency a written statement of such election signed by the
owner or operator. Such election must be submitted on forms prescribed and provided
by the Agency and, if specified by the Agency in writing, in an electronic
format. Corrective action must then follow the requirements of this Part. The
election must be effective upon receipt by the Agency and must not be withdrawn
once made.
b) Owners
and operators electing pursuant to this Section to proceed in accordance with
this Part must submit with their election a summary of the activities conducted
to date and a proposed starting point for compliance with this Part. The
Agency must review and approve, reject, or modify the submission in accordance
with the procedures contained in Subpart E of this Part. The Agency may deem a
requirement of this Part to have been met, based upon activities conducted
prior to an owner's or operator's election, even though the activities were not
conducted in strict accordance with the requirement. For example, an owner or
operator that adequately defined the extent of on-site contamination prior to
the election may be deemed to have satisfied Sections 734.210(h) and 734.315
even though sampling was not conducted in strict accordance with those
Sections.
c) This
Section does not apply to any release for which the Agency has issued a No
Further Remediation Letter.
(Source: Amended at 36 Ill.
Reg. 4898, effective March 19, 2012)
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE G: WASTE DISPOSAL
CHAPTER I: POLLUTION CONTROL BOARD
SUBCHAPTER d: UNDERGROUND INJECTION CONTROL AND UNDERGROUND STORAGE TANK PROGRAMS
PART 734
PETROLEUM UNDERGROUND STORAGE TANKS
SECTION 734.110 SEVERABILITY
Section 734.110 Severability
If any provision of this Part or its application to any
person or under any circumstances is adjudged invalid, such adjudication must
not affect the validity of this Part as a whole or of any portion not adjudged invalid.
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE G: WASTE DISPOSAL
CHAPTER I: POLLUTION CONTROL BOARD
SUBCHAPTER d: UNDERGROUND INJECTION CONTROL AND UNDERGROUND STORAGE TANK PROGRAMS
PART 734
PETROLEUM UNDERGROUND STORAGE TANKS
SECTION 734.115 DEFINITIONS
Section 734.115 Definitions
Except as stated in this Section, or unless a different
meaning of a word or term is clear from the context, the definitions of words
or terms in this Part must be the same as those applied to the same words or
terms in the Environmental Protection Act [415 ILCS 5].
"Act" means the
Environmental Protection Act [415 ILCS 5].
"Agency" means the
Illinois Environmental Protection Agency.
"Alternative Technology"
means a process or technique, other than conventional technology, used to
perform a corrective action with respect to soils contaminated by releases of
petroleum from an underground storage tank.
"Board" means the
Illinois Pollution Control Board.
"Bodily Injury" means
bodily injury, sickness, or disease sustained by a person, including death at
any time, resulting from a release of petroleum from an underground storage
tank [415 ILCS 5/57.2].
"Community Water Supply"
means a public water supply which serves or is intended to serve at least 15
service connections used by residents or regularly serves at least 25 residents
[415 ILCS 5/3.145].
"Confirmation of a release"
means the confirmation of a release of petroleum in accordance with regulations
promulgated by the Office of the State Fire Marshal at 41 Ill. Adm. Code 170.
"Confirmed Release"
means a release of petroleum that has been confirmed in accordance with
regulations promulgated by the Office of the State Fire Marshal at 41 Ill. Adm.
Code 170.
"Conventional
Technology" means a process or technique to perform a corrective action by
removal, transportation, and disposal of soils contaminated by a release of
petroleum from an underground storage tank in accordance with applicable laws
and regulations, but without processing to remove petroleum from the soils.
"Corrective Action"
means activities associated with compliance with the provisions of Sections
57.6 and 57.7 of the Act [415 ILCS 5/57.2].
"County highway" means
county highway as defined in the Illinois Highway Code [605 ILCS 5].
"District road" means
district road as defined in the Illinois Highway Code [605 ILCS 5].
"Environmental Land Use
Control" means Environmental Land Use Control as defined in 35 Ill.
Adm. Code 742.200.
"Federal Landholding
Entity" means that federal department, agency, or instrumentality with the
authority to occupy and control the day-to-day use, operation, and management
of Federally Owned Property.
"Federally Owned
Property" means real property owned in fee simple by the United States on
which an institutional control is or institutional controls are sought to be
placed in accordance with this Part.
"Fill Material" means
non-native or disturbed materials used to bed and backfill around an
underground storage tank [415 ILCS 5/57.2].
"Financial interest"
means any ownership interest, legal or beneficial, or being in the relationship
of director, officer, employee, or other active participant in the affairs of a
party. Financial interest does not include ownership of publicly traded stock.
"Free Product" means a
contaminant that is present as a non-aqueous phase liquid for chemicals whose
melting point is less than 30° C (e.g., liquid not dissolved in water).
"Full Accounting" means
a compilation of documentation to establish, substantiate, and justify the
nature and extent of the corrective action costs incurred by an owner or
operator.
"Fund" means the
Underground Storage Tank Fund [415 ILCS 5/57.2].
"GIS" means Geographic
Information System.
"GPS" means Global
Positioning System.
"Groundwater" means
underground water which occurs within the saturated zone and geologic materials
where the fluid pressure in the pore space is equal to or greater than
atmospheric pressure [415 ILCS 5/3.210].
"Handling Charges" means
administrative, insurance, and interest costs and a reasonable profit for
procurement, oversight, and payment of subcontracts and field purchases.
"Heating oil" means
petroleum that is No. 1, No. 2, No. 4-light, No. 4-heavy, No. 5-light, No.
5-heavy or No. 6 technical grades of fuel oil; and other residual fuel oils
including navy special fuel oil and bunker c [415 ILCS 5/57.2].
"Highway authority" means
the Illinois Department of Transportation with respect to a State highway; the
Illinois State Toll Highway Authority with respect to a toll highway; the
county board with respect to a county highway or a county unit district road if
a discretionary function is involved and the county superintendent of highways
if a ministerial function is involved; the highway commissioner with respect to
a township or district road not in a county or unit road district; or the
corporate authorities of a municipality with respect to a municipal street
[605 ILCS 5/2-213].
"Highway Authority
Agreement" means an agreement with a highway authority that meets the
requirements of 35 Ill. Adm. Code 742.1020.
"IEMA" means the
Illinois Emergency Management Agency.
"Indemnification"
means indemnification of an owner or operator for the amount of judgment
entered against the owner or operator in a court of law, for the amount of any
final order or determination made against the owner or operator by any agency
of State government or any subdivision thereof, or for the amount of any
settlement entered into by the owner or operator, if the judgment, order,
determination, or settlement arises out of bodily injury or property damage
suffered as a result of a release of petroleum from an underground storage tank
owned or operated by the owner or operator [415 ILCS 5/57.2].
"Indicator contaminants"
means the indicator contaminants set forth in Section 734.405 of this Part.
"Institutional Control"
means a legal mechanism for imposing a restriction on land use as described in
35 Ill. Adm. Code 742.Subpart J.
"Land Use Control Memorandum of
Agreement" means an agreement entered into between one or more agencies of
the United States and the Illinois Environmental Protection Agency that limits
or places requirements upon the use of Federally Owned Property for the purpose
of protecting human health or the environment, or that is used to perfect a No
Further Remediation Letter that contains land use restrictions.
"Licensed Professional
Engineer" means a person, corporation or partnership licensed under the
laws of the State of Illinois to practice professional engineering [415
ILCS 5/57.2].
"Licensed Professional
Geologist" means a person licensed under the laws of the State of Illinois
to practice as a professional geologist [415 ILCS 5/57.2].
"Man-made Pathway" means
a constructed route that may allow for the transport of mobile petroleum
free-liquid or petroleum-based vapors including but not limited to sewers,
utility lines, utility vaults, building foundations, basements, crawl spaces,
drainage ditches, or previously excavated and filled areas.
"Monitoring Well" means
a water well intended for the purpose of determining groundwater quality or
quantity.
"Natural Pathway" means
a natural route for the transport of mobile petroleum free-liquid or
petroleum-based vapors including but not limited to soil, groundwater, sand
seams and lenses, and gravel seams and lenses.
"Non-community water supply"
means a public water supply that is not a community water supply [415 ILCS
5/3.145].
"Occurrence" means an
accident, including continuous or repeated exposure to conditions, that results
in a sudden or nonsudden release from an underground storage tank [415 ILCS
5/57.2].
"OSFM" means the Office
of the State Fire Marshal.
"Operator" means any
person in control of, or having responsibility for, the daily operation of the
underground storage tank. (Derived from 42 USC 6991)
BOARD NOTE: A person who
voluntarily undertakes action to remove an underground storage tank system from
the ground must not be deemed an "operator" merely by the undertaking
of such action.
"Owner" means:
In the case of an underground
storage tank in use on November 8, 1984, or brought into use after that date,
any person who owns an underground storage tank used for the storage, use, or
dispensing of regulated substances;
In the case of any underground
storage tank in use before November
8, 1984, but no longer in use on that date, any person who owned such
underground storage tank immediately before the discontinuation of its use;
(Derived from 42 USC 6991)
Any person who has submitted to
the Agency a written election to proceed under the underground storage tank
program and has acquired an ownership interest in a site on which one or
more registered tanks have been removed, but on which corrective action has not
yet resulted in the issuance of a "No Further Remediation Letter" by
the Agency pursuant to the underground storage tank program [415 ILCS
5/57.2].
"Perfect" or
"Perfected" means recorded or filed for record so as to place the public
on notice, or as otherwise provided in Sections 734.715(c) and (d) of this
Part.
"Person" means, for the
purposes of interpreting the definitions of the terms "owner" or
"operator," an individual, trust, firm, joint stock company, joint
venture, consortium, commercial entity, corporation (including a government
corporation), partnership, association, State, municipality, commission,
political subdivision of a State, or any interstate body and must include the
United States Government and each department, agency, and instrumentality of
the United States. (Derived from 42 USC 6991)
"Petroleum" means
petroleum, including crude oil or any fraction thereof which is liquid at standard
conditions of temperature and pressure (60°F and 14.7 pounds per square inch
absolute). (Derived from 42 USC 6991)
"Potable"
means generally fit for human consumption in accordance with accepted water
supply principles and practices [415 ILCS 5/3.340].
"Practical quantitation limit"
or "PQL" means the lowest concentration that can be reliably measured
within specified limits of precision and accuracy for a specific laboratory
analytical method during routine laboratory operating conditions in accordance
with "Test Methods for Evaluating Solid Wastes, Physical/Chemical Methods,"
EPA Publication No. SW-846, incorporated by reference at Section 734.120 of
this Part. For filtered water samples, PQL also means the Method Detection
Limit or Estimated Detection Limit in accordance with the applicable method
revision in: "Methods for the Determination of Metals in Environmental
Samples," EPA Publication No. EPA/600/4-91/010; "Methods for the
Determination of Metals in Environmental Samples, Supplement I," EPA
Publication No. EPA/600/R-94/111; "Methods for the Determination of
Organic Compounds in Drinking Water," EPA Publication No.
EPA/600/4-88/039; "Methods for the Determination of Organic Compounds in
Drinking Water, Supplement II," EPA Publication No. EPA/600/R-92/129; or
"Methods for the Determination of Organic Compounds in Drinking Water,
Supplement III," EPA Publication No. EPA/600/R-95/131, all of which are
incorporated by reference at Section 734.120 of this Part.
"Property Damage"
means physical injury to, destruction of, or contamination of tangible property
owned by a person other than an owner or operator of the UST
from which a release of petroleum has occurred and which tangible property is
located off the site where the release occurred. Property damage includes all
resulting loss of use of that property; or loss of use of tangible property
that is not physically injured, destroyed or contaminated, but has been
evacuated, withdrawn from use, or rendered inaccessible because of a release of
petroleum from an underground storage tank. [415 ILCS 5/57.2]
"Public Water Supply"
means all mains, pipes and structures through which water is obtained and
distributed to the public, including wells and well structures, intakes and
cribs, pumping stations, treatment plants, reservoirs, storage tanks and
appurtenances, collectively or severally, actually used or intended for use for
the purpose of furnishing water for drinking or general domestic use and which
serve at least 15 service connections or which regularly serve at least 25
persons at least 60 days per year. A public water supply is either a
"community water supply" or a "non-community water supply".
[415 ILCS 5/3.365]
"Registration" means
registration of an underground storage tank with the OSFM in accordance with
Section 4 of the Gasoline Storage Act [430 ILCS 15/4].
"Regulated Recharge Area"
means a compact geographic area, as determined by the Board (35 Ill.
Adm. Code Subtitle F), the geology of which renders a potable resource
groundwater particularly susceptible to contamination [415 ILCS 5/3.390].
"Regulated Substance"
means any substance defined in Section 101(14) of the Comprehensive
Environmental Response, Compensation, and Liability Act of 1980 (42 USC
9601(14)) (but not including any substance regulated as a hazardous waste under
subtitle C of the Resource Conservation and Recovery Act (42 USC 6921 et seq.))
and petroleum. (Derived from 42 USC 6991)
"Release" means any
spilling, leaking, emitting, discharging, escaping, leaching, or disposing of
petroleum from an underground storage tank into groundwater, surface water or
subsurface soils [415 ILCS 5/57.2].
"Residential Property"
means residential property as defined in 35 Ill. Adm. Code 742.200.
"Residential Tank" means
an underground storage tank located on property used primarily for dwelling
purposes.
"Residential Unit" means
a structure used primarily for dwelling purposes including multi-unit dwellings
such as apartment buildings, condominiums, cooperatives, or dormitories.
"Right-of-way" means the
land, or interest therein, acquired for or devoted to a highway [605 ILCS
5/2-217].
"Setback Zone" means
a geographic area, designated pursuant to the Act [415 ILCS 5/14.1, 5/14.2,
5/14.3] or regulations [35 Ill. Adm. Code Subtitle F], containing a
potable water supply well or a potential source or potential route, having a
continuous boundary, and within which certain prohibitions or regulations are
applicable in order to protect groundwater [415 ILCS 5/3.450].
"Site" means any
single location, place, tract of land or parcel of property, including
contiguous property not separated by a public right-of-way [415 ILCS
5/57.2].
"State highway" means a
State highway as defined in the Illinois Highway Code [605 ILCS 5].
"Street" means a street
as defined in the Illinois Highway Code [605 ILCS 5].
"Surface Body of Water"
or "Surface Water Body" means a natural or man-made body of water on
the ground surface including but not limited to lakes, ponds, reservoirs,
retention ponds, rivers, streams, creeks, and drainage ditches. Surface body
of water does not include puddles or other accumulations of precipitation,
run-off, or groundwater in UST excavations.
"Toll highway" means a toll
highway as defined in the Toll Highway Act [605 ILCS 10].
"Township road" means a township
road as defined in the Illinois Highway Code [605 ILCS 5].
"Underground Storage
Tank" or "UST" means any one or combination of tanks (including
underground pipes connected thereto) which is used to contain an accumulation
of regulated substances, and the volume of which (including the volume of
underground pipes connected thereto) is 10 per centum or more beneath the
surface of the ground. Such term does not include any of the following or any
pipes connected to the following:
Farm or residential tank of 1,100 gallons
or less capacity used for storing motor fuel for noncommercial purposes;
Septic tank;
Pipeline facility (including
gathering lines) regulated under the Natural Gas Pipeline Safety Act of 1968 (49
USC App. 1671 et seq.), or the Hazardous Liquid Pipeline Safety Act of 1979 (49
USC App. 2001 et seq.), or which is an intrastate pipeline facility regulated
under State laws as provided in either of these provisions of law, and that is
determined by the Secretary of Energy to be connected to a pipeline or to be
operated or intended to be capable of operating at pipeline pressure or as an
integral part of a pipeline;
Surface
impoundment, pit, pond, or lagoon;
Storm water or
waste water collection system;
Flow-through
process tank;
Liquid trap or associated
gathering lines directly related to oil or gas production and gathering
operations; or
Storage tank situated in an
underground area (such as a basement, cellar, mineworking, drift, shaft, or
tunnel) if the storage tank is situated on or above the surface of the floor.
(Derived from 42 USC 6991)
The term “underground storage
tank” shall also mean an underground storage tank used exclusively to store
heating oil for consumptive use on the premises where stored and which serves
other than a farm or residential unit [415 ILCS 5/57.2].
"UST system" or "tank
system" means an underground storage tank, connected underground piping,
underground ancillary equipment, and containment system, if any.
"Wellhead Protection
Area" means the wellhead protection area of a community water supply well
as determined under the Agency's wellhead protection program pursuant to 42 USC
300h-7.
(Source: Amended at 36 Ill.
Reg. 4898, effective March 19, 2012)
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE G: WASTE DISPOSAL
CHAPTER I: POLLUTION CONTROL BOARD
SUBCHAPTER d: UNDERGROUND INJECTION CONTROL AND UNDERGROUND STORAGE TANK PROGRAMS
PART 734
PETROLEUM UNDERGROUND STORAGE TANKS
SECTION 734.120 INCORPORATIONS BY REFERENCE
Section 734.120 Incorporations by Reference
a) The Board incorporates
the following material by reference:
ASTM. American Society for
Testing and Materials, 100 Barr Harbor Drive, P.O. Box C700, West Conshohocken, PA 19428-2959 (610) 832-9585
ASTM
D2487-10, Standard Practice for Classification of Soils for Engineering
Purposes (Unified Soil Classification System) (January 1, 2010)
NTIS. National Technical
Information Service, 5285 Port Royal Road, Springfield, VA 22161
(703) 605-6000 or (800) 553-6847
"Methods for the
Determination of Metals in Environmental Samples," EPA Publication No.
EPA/600/4-91/010 (June 1991);
"Methods for the
Determination of Metals in Environmental Samples, Supplement I," EPA
Publication No. EPA/600/R-94/111 (May 1994);
"Methods for the
Determination of Organic Compounds in Drinking Water," EPA Publication No.
EPA/600/4-88/039 (December 1988) (revised July 1991);
"Methods for the
Determination of Organic Compounds in Drinking Water, Supplement II," EPA
Publication No. EPA/600/R-92/129 (August 1992);
"Methods for the
Determination of Organic Compounds in Drinking Water, Supplement III," EPA
Publication No. EPA/600/R-95/131 (August 1995);
"Test Methods for Evaluating
Solid Wastes, Physical/Chemical Methods," EPA Publication No. SW-846,
Third Edition (September 1986), as amended by Updates I, IIA, III, and IIIA
(Final Update IIIA dated April 1998), Doc. No. 955-001-00000-1.
b) This Section
incorporates no later editions or amendments.
(Source: Amended at 36 Ill.
Reg. 4898, effective March 19, 2012)
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE G: WASTE DISPOSAL
CHAPTER I: POLLUTION CONTROL BOARD
SUBCHAPTER d: UNDERGROUND INJECTION CONTROL AND UNDERGROUND STORAGE TANK PROGRAMS
PART 734
PETROLEUM UNDERGROUND STORAGE TANKS
SECTION 734.125 AGENCY AUTHORITY TO INITIATE INVESTIGATIVE, PREVENTIVE, OR CORRECTIVE ACTION
Section 734.125 Agency Authority to Initiate
Investigative, Preventive, or Corrective Action
a) The Agency has the
authority to do either of the following:
1) Provide
notice to the owner or operator, or both, of an underground storage tank whenever
there is a release or substantial threat of a release of petroleum from such
tank. Such notice shall include the identified investigation or response
action and an opportunity for the owner or operator, or both, to perform the
response action.
2) Undertake
investigative, preventive or corrective action whenever there is a release or a
substantial threat of a release of petroleum from an underground storage tank [415
ILCS 5/57.12(c)].
b) If
notice has been provided under this Section, the Agency has the authority to
require the owner or operator, or both, of an underground storage tank to
undertake preventive or corrective action whenever there is a release or
substantial threat of a release of petroleum from such tank [415 ILCS
5/57.12(d)].
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE G: WASTE DISPOSAL
CHAPTER I: POLLUTION CONTROL BOARD
SUBCHAPTER d: UNDERGROUND INJECTION CONTROL AND UNDERGROUND STORAGE TANK PROGRAMS
PART 734
PETROLEUM UNDERGROUND STORAGE TANKS
SECTION 734.130 LICENSED PROFESSIONAL ENGINEER OR LICENSED PROFESSIONAL GEOLOGIST SUPERVISION
Section 734.130 Licensed Professional Engineer or
Licensed Professional Geologist Supervision
All investigations, plans, budgets, and reports conducted or
prepared under this Part, excluding Corrective Action Completion Reports
submitted pursuant to Section 734.345 of this Part, must be conducted or
prepared under the supervision of a Licensed Professional Engineer or Licensed
Professional Geologist. Corrective Action Completion Reports submitted
pursuant to Section 734.345 of this Part must be prepared under the supervision
of a Licensed Professional Engineer.
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE G: WASTE DISPOSAL
CHAPTER I: POLLUTION CONTROL BOARD
SUBCHAPTER d: UNDERGROUND INJECTION CONTROL AND UNDERGROUND STORAGE TANK PROGRAMS
PART 734
PETROLEUM UNDERGROUND STORAGE TANKS
SECTION 734.135 FORM AND DELIVERY OF PLANS, BUDGETS, AND REPORTS; SIGNATURES AND CERTIFICATIONS
Section 734.135 Form and Delivery of Plans, Budgets, and
Reports; Signatures and Certifications
a) All
plans, budgets, and reports must be submitted to the Agency on forms prescribed
and provided by the Agency and, if specified by the Agency in writing, in an
electronic format.
b) All
plans, budgets, and reports must be mailed or delivered to the address
designated by the Agency. The Agency's record of the date of receipt must be
deemed conclusive unless a contrary date is proven by a dated, signed receipt executed
by Agency personnel acknowledging receipt of documents by hand delivery or
messenger or from certified or registered mail.
c) All
plans, budgets, and reports must be signed by the owner or operator and list
the owner's or operator's full name, address, and telephone number.
d) All
plans, budgets, and reports submitted pursuant to this Part, excluding
Corrective Action Completion Reports submitted pursuant to Section 734.345 of
this Part, must contain the following certification from a Licensed
Professional Engineer or Licensed Professional Geologist. Corrective Action
Completion Reports submitted pursuant to Section 734.345 of this Part must
contain the following certification from a Licensed Professional Engineer.
I certify under penalty of law
that all activities that are the subject of this plan, budget, or report were
conducted under my supervision or were conducted under the supervision of
another Licensed Professional Engineer or Licensed Professional Geologist and
reviewed by me; that this plan, budget, or report and all attachments were
prepared under my supervision; that, to the best of my knowledge and belief,
the work described in the plan, budget, or report has been completed in
accordance with the Environmental Protection Act [415 ILCS 5], 35 Ill. Adm.
Code 734, and generally accepted standards and practices of my profession; and
that the information presented is accurate and complete. I am aware there are
significant penalties for submitting false statements or representations to the
Agency, including but not limited to fines, imprisonment, or both as provided
in Sections 44 and 57.17 of the Environmental Protection Act [415 ILCS 5/44 and
57.17].
e) Except
in the case of sites subject to Section 734.715(c) or (d) of this Part, reports
documenting the completion of corrective action at a site must contain a form
addressing site ownership. At a minimum, the form must identify the land use
limitations proposed for the site, if land use limitations are proposed; the
site's common address, legal description, and real estate tax/parcel index
number; and the names and addresses of all title holders of record of the site
or any portion of the site. The form must also contain the following
certification, by original signature, of all title holders of record of the
site or any portion of the site, or the agent(s) of such person(s):
I hereby affirm that I have
reviewed the attached report entitled and dated ,
and that I accept the terms and conditions set forth therein, including any
land use limitations, that apply to property I own. I further affirm that I
have no objection to the recording of a No Further Remediation Letter
containing the terms and conditions identified in the report upon the property
I own.
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE G: WASTE DISPOSAL
CHAPTER I: POLLUTION CONTROL BOARD
SUBCHAPTER d: UNDERGROUND INJECTION CONTROL AND UNDERGROUND STORAGE TANK PROGRAMS
PART 734
PETROLEUM UNDERGROUND STORAGE TANKS
SECTION 734.140 DEVELOPMENT OF REMEDIATION OBJECTIVES
Section 734.140 Development of Remediation Objectives
The owner or operator must propose remediation objectives
for the applicable indicator contaminants in accordance with 35 Ill.
Adm. Code 742.
BOARD NOTE: Several provisions of this Part require the
owner or operator to determine whether contamination exceeds the most stringent
Tier 1 remediation objectives of 35 Ill. Adm. Code 742. Please note that these
requirements do not limit the owner's or operator's ability to use Tier 2 or
Tier 3 remediation objectives in accordance with 35 Ill. Adm. Code 742.
a) The
owner or operator may develop remediation objectives at any time during site
investigation or corrective action. Prior to developing Tier 2 or Tier 3
remediation objectives the owner or operator must propose the development of
remediation objectives in the appropriate site investigation plan or corrective
action plan. Documentation of the development of remediation objectives must
be included as a part of the appropriate plan or report.
b) Any
owner or operator intending to seek payment from the Fund shall, prior to the
development of Tier 2 or Tier 3 remediation objectives, propose the costs for
such activities in the appropriate budget. The costs should be consistent with
the eligible and ineligible costs listed at Sections 734.625 and 734.630 of this
Part and the maximum payment amounts set forth in Subpart H of this Part.
c) Upon
the Agency's approval of a plan that includes the development of remediation
objectives, the owner or operator must proceed to develop remediation
objectives in accordance with the plan.
d) If,
following the approval of any plan or associated budget that includes the
development of remediation objectives, an owner or operator determines that a
revised plan or budget is necessary, the owner or operator must submit, as applicable,
an amended plan or associated budget to the Agency for review. The Agency must
review and approve, reject, or require modification of the amended plan or
budget in accordance with Subpart E of this Part.
e) Notwithstanding
any requirement under this Part for the submission of a plan or budget that
includes the development of remediation objectives, an owner or operator may
proceed to develop remediation objectives prior to the submittal or approval of
an otherwise required plan or budget. However, any such plan or budget must be
submitted to the Agency for review and approval, rejection, or modification in
accordance with the procedures contained in Subpart E of this Part prior to
receiving payment for any related costs or the issuance of a No Further
Remediation Letter.
BOARD NOTE: Owners or operators
proceeding under subsection (e) of this Section are advised that they may not
be entitled to full payment. Furthermore, applications for payment must be
submitted no later than one year after the date the Agency issues a No Further
Remediation Letter. See Subpart F of this Part.
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE G: WASTE DISPOSAL
CHAPTER I: POLLUTION CONTROL BOARD
SUBCHAPTER d: UNDERGROUND INJECTION CONTROL AND UNDERGROUND STORAGE TANK PROGRAMS
PART 734
PETROLEUM UNDERGROUND STORAGE TANKS
SECTION 734.145 NOTIFICATION TO THE AGENCY OF FIELD ACTIVITIES
Section 734.145 Notification to the Agency of Field
Activities
The Agency may require owners and operators to notify the
Agency of field activities prior to the date the field activities take place.
The notice must include information prescribed by the Agency, and may include,
but is not limited to, a description of the field activities to be conducted,
the person conducting the activities, and the date, time, and place the
activities will be conducted. The Agency may, but is not required to, allow
notification by telephone, facsimile, or electronic mail. This Section does
not apply to activities conducted within 45 days plus 14 days after initial
notification to IEMA of a release, or to free product removal activities
conducted within 45 days plus 14 days after the confirmation of the presence of
free product.
(Source: Amended at 36 Ill.
Reg. 4898, effective March 19, 2012)
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE G: WASTE DISPOSAL
CHAPTER I: POLLUTION CONTROL BOARD
SUBCHAPTER d: UNDERGROUND INJECTION CONTROL AND UNDERGROUND STORAGE TANK PROGRAMS
PART 734
PETROLEUM UNDERGROUND STORAGE TANKS
SECTION 734.150 LUST ADVISORY COMMITTEE
Section 734.150 LUST Advisory Committee
Once each calendar quarter the Agency must meet with a LUST
Advisory Committee to discuss the Agency's implementation of this Part,
provided that the Agency or members of the Committee raise one or more issues
for discussion. The LUST Advisory Committee must consist of the following
individuals: one member designated by the Illinois Petroleum Marketers Association,
one member designated by the Illinois Petroleum Council, one member designated
by the American Consulting Engineers Council of Illinois, one member designated
by the Illinois Society of Professional Engineers, one member designated by the
Illinois Chapter of the American Institute of Professional Geologists, two
members designated by the Professionals of Illinois for the Protection of the
Environment, one member designated by the Illinois Association of Environmental
Laboratories, one member designated by the Illinois Environmental Regulatory
Group, one member designated by the Office of the State Fire Marshal, and one
member designated by the Illinois Department of Transportation. Members of the
LUST Advisory Committee must serve without compensation.
SUBPART B: EARLY ACTION
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE G: WASTE DISPOSAL
CHAPTER I: POLLUTION CONTROL BOARD
SUBCHAPTER d: UNDERGROUND INJECTION CONTROL AND UNDERGROUND STORAGE TANK PROGRAMS
PART 734
PETROLEUM UNDERGROUND STORAGE TANKS
SECTION 734.200 GENERAL
Section 734.200 General
Owners and operators of underground storage tanks shall,
in response to all confirmed releases of petroleum, comply with all applicable
statutory and regulatory reporting and response requirements [415 ILCS
5/57.6(a)]. No work plan or corresponding budget must be required for
conducting early action activities, excluding free product removal activities
conducted more than 45 days after confirmation of the presence of free
product.
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE G: WASTE DISPOSAL
CHAPTER I: POLLUTION CONTROL BOARD
SUBCHAPTER d: UNDERGROUND INJECTION CONTROL AND UNDERGROUND STORAGE TANK PROGRAMS
PART 734
PETROLEUM UNDERGROUND STORAGE TANKS
SECTION 734.205 AGENCY AUTHORITY TO INITIATE
Section 734.205 Agency Authority to Initiate
Pursuant to Sections 734.100 or 734.125 of this Part, the
Agency must have the authority to require or initiate early action activities
in accordance with the remainder of this Subpart B.
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE G: WASTE DISPOSAL
CHAPTER I: POLLUTION CONTROL BOARD
SUBCHAPTER d: UNDERGROUND INJECTION CONTROL AND UNDERGROUND STORAGE TANK PROGRAMS
PART 734
PETROLEUM UNDERGROUND STORAGE TANKS
SECTION 734.210 EARLY ACTION
Section 734.210 Early Action
a) Upon
confirmation of a release of petroleum from a UST system in accordance with
regulations promulgated by the OSFM, the owner or operator, or both, must
perform the following initial response actions:
1) Immediately
report the release to IEMA (e.g., by telephone or electronic mail);
BOARD NOTE: The OSFM rules for
the reporting of UST releases are found at 41 Ill. Adm. Code 176.320(a).
2) Take
immediate action to prevent any further release of the regulated substance to
the environment; and
3) Immediately
identify and mitigate fire, explosion and vapor hazards.
b) Within
20 days after initial notification to IEMA of a release plus 14 days, the owner
or operator must perform the following initial abatement measures:
1) Remove
as much of the petroleum from the UST system as is necessary to prevent further
release into the environment;
2) Visually
inspect any aboveground releases or exposed below ground releases and prevent
further migration of the released substance into surrounding soils and
groundwater;
3) Continue
to monitor and mitigate any additional fire and safety hazards posed by vapors
or free product that have migrated from the UST excavation zone and entered
into subsurface structures (such as sewers or basements);
4) Remedy
hazards posed by contaminated soils that are excavated or exposed as a result
of release confirmation, site investigation, abatement or corrective action
activities. If these remedies include treatment or disposal of soils, the
owner or operator must comply with 35 Ill. Adm. Code 722, 724, 725, and 807
through 815;
5) Measure
for the presence of a release where contamination is most likely to be present
at the UST site, unless the presence and source of the release have been
confirmed in accordance with regulations promulgated by the OSFM. In selecting
sample types, sample locations, and measurement methods, the owner or operator
must consider the nature of the stored substance, the type of backfill, depth
to groundwater and other factors as appropriate for identifying the presence
and source of the release; and
6) Investigate
to determine the possible presence of free product, and begin removal of free
product as soon as practicable and in accordance with Section 734.215 of this
Part.
c) Within
20 days after initial notification to IEMA of a release plus 14 days, the owner
or operator must submit a report to the Agency summarizing the initial
abatement steps taken under subsection (b) of this Section and any resulting
information or data.
d) Within
45 days after initial notification to IEMA of a release plus 14 days, the owner
or operator must assemble information about the site and the nature of the
release, including information gained while confirming the release or
completing the initial abatement measures in subsections (a) and (b) of this
Section. This information must include, but is not limited to, the following:
1) Data on the nature and
estimated quantity of release;
2) Data
from available sources or site investigations concerning the following factors:
surrounding populations, water quality, use and approximate locations of wells
potentially affected by the release, subsurface soil conditions, locations of
subsurface sewers, climatological conditions and land use;
3) Results of the site
check required at subsection (b)(5) of this Section; and
4) Results
of the free product investigations required at subsection (b)(6) of this
Section, to be used by owners or operators to determine whether free product
must be recovered under Section 734.215 of this Part.
e) Within
45 days after initial notification to IEMA of a release plus 14 days, the owner
or operator must submit to the Agency the information collected in compliance
with subsection (d) of this Section in a manner that demonstrates its
applicability and technical adequacy.
f) Notwithstanding
any other corrective action taken, an owner or operator may, at a minimum, and
prior to submission of any plans to the Agency, remove the tank system, or
abandon the underground storage tank in place, in accordance with the
regulations promulgated by the Office of the State Fire Marshal (see 41
Ill. Adm. Code 160, 170, 180, 200). The owner may remove visibly
contaminated fill material and any groundwater in the excavation which exhibits
a sheen. For purposes of payment of early action costs, however, fill
material shall not be removed in an amount in excess of 4 feet from the
outside dimensions of the tank. [415 ILCS 5/57.6(b)] Early action may also
include disposal in accordance with applicable regulations or ex-situ treatment
of contaminated fill material removed from within 4 feet from the outside
dimensions of the tank.
g) For
purposes of payment from the Fund, the activities set forth in subsection (f)
of this Section must be performed within 45 days after initial notification to
IEMA of a release plus 14 days, unless special circumstances, approved by the
Agency in writing, warrant continuing such activities beyond 45 days plus 14
days. The owner or operator must notify the Agency in writing of such
circumstances within 45 days after initial notification to IEMA of a release
plus 14 days. Costs incurred beyond 45 days plus 14 days must be eligible if
the Agency determines that they are consistent with early action.
BOARD NOTE: Owners or operators
seeking payment from the Fund are to first notify IEMA of a suspected release
and then confirm the release within 14 days to IEMA pursuant to regulations
promulgated by the OSFM. See 41 Ill. Adm. Code 170.560 and 170.580. The Board
is setting the beginning of the payment period at subsection (g) to correspond
to the notification and confirmation to IEMA.
h) The
owner or operator must determine whether the areas or locations of soil
contamination exposed as a result of early action excavation (e.g., excavation
boundaries, piping runs) or surrounding USTs that remain in place meet the most
stringent Tier 1 remediation objectives of 35 Ill. Adm. Code 742 for the
applicable indicator contaminants.
1) At a
minimum, for each UST that is removed, the owner or operator must collect and
analyze soil samples as indicated in subsections (h)(1)(A) through (E). The
Agency must allow an alternate location for, or excuse the collection of, one
or more samples if sample collection in the following locations is made
impracticable by site-specific circumstances.
A) One
sample must be collected from each UST excavation wall. The samples must be
collected from locations representative of soil that is the most contaminated
as a result of the release. If an area of contamination cannot be identified
on a wall, the sample must be collected from the center of the wall length at a
point located one-third of the distance from the excavation floor to the ground
surface. For walls that exceed 20 feet in length, one sample must be collected
for each 20 feet of wall length, or fraction thereof, and the samples must be
evenly spaced along the length of the wall.
B) Two
samples must be collected from the excavation floor below each UST with a
volume of 1,000 gallons or more. One sample must be collected from the
excavation floor below each UST with a volume of less than 1,000 gallons. The
samples must be collected from locations representative of soil that is the
most contaminated as a result of the release. If areas of contamination cannot
be identified, the samples must be collected from below each end of the UST if
its volume is 1,000 gallons or more, and from below the center of the UST if
its volume is less than 1,000 gallons.
C) One
sample must be collected from the floor of each 20 feet of UST piping run
excavation, or fraction thereof. The samples must be collected from a location
representative of soil that is the most contaminated as a result of the
release. If an area of contamination cannot be identified within a length of
piping run excavation being sampled, the sample must be collected from the
center of the length being sampled. For UST piping abandoned in place, the
samples must be collected in accordance with subsection (h)(2)(B) of this
Section.
D) If
backfill is returned to the excavation, one representative sample of the
backfill must be collected for each 100 cubic yards of backfill returned to the
excavation.
E) The
samples must be analyzed for the applicable indicator contaminants. In the
case of a used oil UST, the sample that appears to be the most contaminated as
a result of a release from the used oil UST must be analyzed in accordance with
Section 734.405(g) of this Part to determine the indicator contaminants for
used oil. The remaining samples collected pursuant to subsections (h)(1)(A)
and (B) of this Section must then be analyzed for the applicable used oil
indicator contaminants.
2) At a
minimum, for each UST that remains in place, the owner or operator must collect
and analyze soil samples as follows. The Agency must allow an alternate location
for, or excuse the drilling of, one or more borings if drilling in the
following locations is made impracticable by site-specific circumstances.
A) One
boring must be drilled at the center point along each side of each UST, or
along each side of each cluster of multiple USTs, remaining in place. If a
side exceeds 20 feet in length, one boring must be drilled for each 20 feet of
side length, or fraction thereof, and the borings must be evenly spaced along
the side. The borings must be drilled in the native soil surrounding the USTs
and as close practicable to, but not more than five feet from, the backfill
material surrounding the USTs. Each boring must be drilled to a depth of 30
feet below grade, or until groundwater or bedrock is encountered, whichever is
less. Borings may be drilled below the groundwater table if site specific
conditions warrant, but no more than 30 feet below grade.
B) Two
borings, one on each side of the piping, must be drilled for every 20 feet of
UST piping, or fraction thereof, that remains in place. The borings must be
drilled as close as practicable to, but not more than five feet from, the
locations of suspected piping releases. If no release is suspected within a
length of UST piping being sampled, the borings must be drilled in the center
of the length being sampled. Each boring must be drilled to a depth of 15 feet
below grade, or until groundwater or bedrock is encountered, whichever is
less. Borings may be drilled below the groundwater table if site specific conditions
warrant, but no more than 15 feet below grade. For UST piping that is removed,
samples must be collected from the floor of the piping run in accordance with
subsection (h)(1)(C) of this Section.
C) If
auger refusal occurs during the drilling of a boring required under subsection
(h)(2)(A) or (B) of this Section, the boring must be drilled in an alternate
location that will allow the boring to be drilled to the required depth. The
alternate location must not be more than five feet from the boring's original
location. If auger refusal occurs during drilling of the boring in the
alternate location, drilling of the boring must cease and the soil samples
collected from the location in which the boring was drilled to the greatest
depth must be analyzed for the applicable indicator contaminants.
D) One
soil sample must be collected from each five-foot interval of each boring
required under subsections (h)(2)(A) through (C) of this Section. Each sample
must be collected from the location within the five-foot interval that is the
most contaminated as a result of the release. If an area of contamination
cannot be identified within a five-foot interval, the sample must be collected
from the center of the five-foot interval, provided, however, that soil samples
must not be collected from soil below the groundwater table. All samples must
be analyzed for the applicable indicator contaminants.
3) If
the most stringent Tier 1 remediation objectives of 35 Ill. Adm. Code 742 for
the applicable indicator contaminants have been met, and if none of the
criteria set forth in subsections (h)(4)(A) through (C) of this Section are
met, within 30 days after the completion of early action activities the owner
or operator must submit a report demonstrating compliance with those
remediation objectives. The report must include, but not be limited to, the
following:
A) A
characterization of the site that demonstrates compliance with the most
stringent Tier 1 remediation objectives of 35 Ill. Adm. Code 742 for the
applicable indicator contaminants;
B) Supporting
documentation, including, but not limited to, the following:
i) A
site map meeting the requirements of Section 734.440 of this Part that shows
the locations of all samples collected pursuant to this subsection (h);
ii) Analytical
results, chain of custody forms, and laboratory certifications for all samples
collected pursuant to this subsection (h); and
iii) A
table comparing the analytical results of all samples collected pursuant to
this subsection (h) to the most stringent Tier 1 remediation objectives of 35
Ill. Adm. Code 742 for the applicable indicator contaminants; and
C) A site
map containing only the information required under Section 734.440 of this
Part.
4) If
the most stringent Tier 1 remediation objectives of 35 Ill. Adm. Code 742 for
the applicable indicator contaminants have not been met, or if one or more of
the following criteria are met, the owner or operator must continue in
accordance with Subpart C of this Part:
A) There
is evidence that groundwater wells have been impacted by the release above the
most stringent Tier 1 remediation objectives of 35 Ill. Adm. Code 742 for the
applicable indicator contaminants (e.g., as found during release confirmation
or previous corrective action measures);
B) Free
product that may impact groundwater is found to need recovery in compliance
with Section 734.215 of this Part; or
C) There
is evidence that contaminated soils may be or may have been in contact with
groundwater, unless:
i) The owner
or operator pumps the excavation or tank cavity dry, properly disposes of all
contaminated water, and demonstrates to the Agency that no recharge is evident
during the 24 hours following pumping; and
ii) The
Agency determines that further groundwater investigation is not necessary.
(Source: Amended at 36 Ill.
Reg. 4898, effective March 19, 2012)
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE G: WASTE DISPOSAL
CHAPTER I: POLLUTION CONTROL BOARD
SUBCHAPTER d: UNDERGROUND INJECTION CONTROL AND UNDERGROUND STORAGE TANK PROGRAMS
PART 734
PETROLEUM UNDERGROUND STORAGE TANKS
SECTION 734.215 FREE PRODUCT REMOVAL
Section 734.215 Free Product Removal
a) Under
any circumstance in which conditions at a site indicate the presence of free
product, owners or operators must remove, to the maximum extent practicable,
free product exceeding one-eighth of an inch in depth as measured in a
groundwater monitoring well, or present as a sheen on groundwater in the tank
removal excavation or on surface water, while initiating or continuing any
actions required pursuant to this Part or other applicable laws or regulations.
In meeting the requirements of this Section, owners or operators must:
1) Conduct
free product removal in a manner that minimizes the spread of contamination
into previously uncontaminated zones by using recovery and disposal techniques
appropriate to the hydrogeologic conditions at the site and that properly
treats, discharges or disposes of recovery byproducts in compliance with
applicable local, State, and federal regulations;
2) Use
abatement of free product migration as a minimum objective for the design of
the free product removal system;
3) Handle
any flammable products in a safe and competent manner to prevent fires or
explosions;
4) Within
45 days after the confirmation of presence of free product from a UST, prepare
and submit to the Agency a free product removal report. The report must, at a
minimum, provide the following:
A) The
name of the persons responsible for implementing the free product removal
measures;
B) The
estimated quantity, type and thickness of free product observed or measured in
wells, boreholes, and excavations;
C) The
type of free product recovery system used;
D) Whether
any discharge will take place on-site or off-site during the recovery operation
and where this discharge will be located;
E) The
type of treatment applied to, and the effluent quality expected from, any
discharge;
F) The
steps that have been or are being taken to obtain necessary permits for any
discharge;
G) The disposition of the
recovered free product;
H) The
steps taken to identify the source and extent of the free product; and
I) A
schedule of future activities necessary to complete the recovery of free
product still exceeding one-eighth of an inch in depth as measured in a
groundwater monitoring well, or still present as a sheen on groundwater in the
tank removal excavation or on surface water. The schedule must include, but
not be limited to, the submission of plans and budgets required pursuant to
subsections (c) and (d) of this Section; and
5) If
free product removal activities are conducted more than 45 days after
confirmation of the presence of free product, submit free product removal
reports quarterly or in accordance with a schedule established by the Agency.
b) For
purposes of payment from the Fund, owners or operators are not required to
obtain Agency approval for free product removal activities conducted within 45
days after the confirmation of the presence of free product.
c) If
free product removal activities will be conducted more than 45 days after the
confirmation of the presence of free product, the owner or operator must submit
to the Agency for review a free product removal plan. The plan must be
submitted with the free product removal report required under subsection (a)(4)
of this Section. Free product removal activities conducted more than 45 days
after the confirmation of the presence of free product must not be considered
early action activities.
d) Any
owner or operator intending to seek payment from the Fund must, prior to
conducting free product removal activities more than 45 days after the
confirmation of the presence of free product, submit to the Agency a free
product removal budget with the corresponding free product removal plan. The
budget must include, but not be limited to, an estimate of all costs associated
with the development, implementation, and completion of the free product
removal plan, excluding handling charges. The budget should be consistent with
the eligible and ineligible costs listed in Sections 734.625 and 734.630 of
this Part and the maximum payment amounts set forth in Subpart H of this Part.
As part of the budget the Agency may require a comparison between the costs of
the proposed method of free product removal and other methods of free product
removal.
e) Upon
the Agency's approval of a free product removal plan, or as otherwise directed
by the Agency, the owner or operator must proceed with free product removal in
accordance with the plan.
f) Notwithstanding
any requirement under this Part for the submission of a free product removal
plan or free product removal budget, an owner or operator may proceed with free
product removal in accordance with this Section prior to the submittal or
approval of an otherwise required free product removal plan or budget.
However, any such removal plan and budget plan must be submitted to the Agency
for review and approval, rejection, or modification in accordance with the
procedures contained in Subpart E of this Part prior to payment for any related
costs or the issuance of a No Further Remediation Letter.
BOARD NOTE: Owners or operators
proceeding under subsection (f) of this Section are advised that they may not
be entitled to full payment from the Fund. Furthermore, applications for
payment must be submitted no later than one year after the date the Agency
issues a No Further Remediation Letter. See Subpart F of this Part.
g) If,
following approval of any free product removal plan or associated budget, an
owner or operator determines that a revised plan or budget is necessary in
order to complete free product removal, the owner or operator must submit, as
applicable, an amended free product removal plan or associated budget to the
Agency for review. The Agency must review and approve, reject, or require
modification of the amended removal plan and budget plan in accordance with
Subpart E of this Part.
BOARD NOTE: Owners and operators
are advised that the total payment from the Fund for all free product removal
plans and associated budgets submitted by an owner or operator must not exceed
the amounts set forth in Subpart H of this Part.
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE G: WASTE DISPOSAL
CHAPTER I: POLLUTION CONTROL BOARD
SUBCHAPTER d: UNDERGROUND INJECTION CONTROL AND UNDERGROUND STORAGE TANK PROGRAMS
PART 734
PETROLEUM UNDERGROUND STORAGE TANKS
SECTION 734.220 APPLICATION FOR PAYMENT OF EARLY ACTION COSTS
Section 734.220 Application for Payment of Early Action
Costs
Owners or operators intending to seek payment for early
action activities, excluding free product removal activities conducted more
than 45 days after confirmation of the presence of free product, are not
required to submit a corresponding budget plan. The application for payment
may be submitted to the Agency upon completion of the early action activities
in accordance with the requirements at Subpart F of this Part, excluding free product
removal activities conducted more than 45 days after confirmation of the
presence of free product. Applications for payment of free product removal
activities conducted more than 45 days after confirmation of the presence of
free product may be submitted upon completion of the free product removal
activities.
SUBPART C: SITE INVESTIGATION AND CORRECTIVE ACTION
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE G: WASTE DISPOSAL
CHAPTER I: POLLUTION CONTROL BOARD
SUBCHAPTER d: UNDERGROUND INJECTION CONTROL AND UNDERGROUND STORAGE TANK PROGRAMS
PART 734
PETROLEUM UNDERGROUND STORAGE TANKS
SECTION 734.300 GENERAL
Section 734.300 General
Unless the owner or operator submits a report pursuant to
Section 734.210(h)(3) of this Part demonstrating that the most stringent Tier 1
remediation objectives of 35 Ill. Adm. Code 742 for the applicable indicator
contaminants have been met, the owner or operator must investigate the site,
conduct corrective action, and prepare plans, budgets, and reports in
accordance with the requirements of this Subpart C.
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE G: WASTE DISPOSAL
CHAPTER I: POLLUTION CONTROL BOARD
SUBCHAPTER d: UNDERGROUND INJECTION CONTROL AND UNDERGROUND STORAGE TANK PROGRAMS
PART 734
PETROLEUM UNDERGROUND STORAGE TANKS
SECTION 734.305 AGENCY AUTHORITY TO INITIATE
Section 734.305 Agency Authority to Initiate
Pursuant to Section 734.100 or 734.125 of this Part, the
Agency has the authority to require or initiate site investigation and
corrective action activities in accordance with the remainder of this Subpart
C.
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE G: WASTE DISPOSAL
CHAPTER I: POLLUTION CONTROL BOARD
SUBCHAPTER d: UNDERGROUND INJECTION CONTROL AND UNDERGROUND STORAGE TANK PROGRAMS
PART 734
PETROLEUM UNDERGROUND STORAGE TANKS
SECTION 734.310 SITE INVESTIGATION GENERAL
Section 734.310 Site Investigation – General
The investigation of the release must proceed in three
stages as set forth in this Part. If, after the completion of any stage, the
extent of the soil and groundwater contamination exceeding the most stringent
Tier 1 remediation objectives of 35 Ill. Adm. Code 742 for the applicable
indicator contaminants as a result of the release has been defined, the owner
or operator must cease investigation and proceed with the submission of a site
investigation completion report in accordance with Section 734.330 of this
Part.
a) Prior
to conducting site investigation activities pursuant to Section 734.315,
734.320, or 734.325 of this Part, the owner or operator must submit to the
Agency for review a site investigation plan. The plan must be designed to
satisfy the minimum requirements set forth in the applicable Section and to
collect the information required to be reported in the site investigation plan
for the next stage of the site investigation, or in the site investigation
completion report, whichever is applicable.
b) Any
owner or operator intending to seek payment from the Fund must, prior to
conducting any site investigation activities, submit to the Agency a site
investigation budget with the corresponding site investigation plan. The
budget must include, but not be limited to, a copy of the eligibility and
deductibility determination of the OSFM and an estimate of all costs associated
with the development, implementation, and completion of the site investigation
plan, excluding handling charges and costs associated with monitoring well
abandonment. Costs associated with monitoring well abandonment must be
included in the corrective action budget. Site investigation budgets should be
consistent with the eligible and ineligible costs listed at Sections 734.625
and 734.630 of this Part and the maximum payment amounts set forth in Subpart H
of this Part. A budget for a Stage 1 site investigation must consist of a
certification signed by the owner or operator, and by a Licensed Professional
Engineer or Licensed Professional Geologist, that the costs of the Stage 1 site
investigation will not exceed the amounts set forth in Subpart H of this Part.
c) Upon
the Agency's approval of a site investigation plan, or as otherwise directed by
the Agency, the owner or operator shall conduct a site investigation in
accordance with the plan [415 ILCS 5/57.7(a)(4)].
d) If,
following the approval of any site investigation plan or associated budget, an
owner or operator determines that a revised plan or budget is necessary in
order to determine, within the area addressed in the applicable stage of the
investigation, the nature, concentration, direction of movement, rate of
movement, and extent of the contamination, or the significant physical features
of the site and surrounding area that may affect contaminant transport and risk
to human health and safety and the environment, the owner or operator must
submit, as applicable, an amended site investigation plan or associated budget
to the Agency for review. The Agency must review and approve, reject, or
require modification of the amended plan or budget in accordance with Subpart E
of this Part.
BOARD NOTE: Owners and operators
are advised that the total payment from the Fund for all site investigation
plans and associated budgets submitted by an owner or operator must not exceed
the amounts set forth in Subpart H of this Part.
e) Notwithstanding
any requirement under this Part for the submission of a site investigation plan
or budget, an owner or operator may proceed to conduct site investigation
activities in accordance with this Subpart C prior to the submittal or approval
of an otherwise required site investigation plan or budget. However, any such
plan or budget must be submitted to the Agency for review and approval, rejection,
or modification in accordance with the procedures contained in Subpart E of
this Part prior to receiving payment for any related costs or the issuance of a
No Further Remediation Letter.
BOARD NOTE: Owners or operators
proceeding under subsection (e) of this Section are advised that they may not
be entitled to full payment. Furthermore, applications for payment must be
submitted no later than one year after the date the Agency issues a No Further
Remediation Letter. See Subpart F of this Part.
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE G: WASTE DISPOSAL
CHAPTER I: POLLUTION CONTROL BOARD
SUBCHAPTER d: UNDERGROUND INJECTION CONTROL AND UNDERGROUND STORAGE TANK PROGRAMS
PART 734
PETROLEUM UNDERGROUND STORAGE TANKS
SECTION 734.315 STAGE 1 SITE INVESTIGATION
Section 734.315 Stage 1 Site Investigation
The Stage 1 site investigation must be designed to gather
initial information regarding the extent of on-site soil and groundwater
contamination that, as a result of the release, exceeds the most stringent Tier
1 remediation objectives of 35 Ill. Adm. Code 742 for the applicable indicator
contaminants.
a) The Stage 1 site
investigation must consist of the following:
1) Soil
investigation.
A) Up to
four borings must be drilled around each independent UST field where one or
more UST excavation samples collected pursuant to 734.210(h), excluding
backfill samples, exceed the most stringent Tier 1 remediation objectives of 35
Ill. Adm. Code 742 for the applicable indicator contaminants. One additional
boring must be drilled as close as practicable to each UST field if a
groundwater investigation is not required under subsection (a)(2) of this
Section. The borings must be advanced through the entire vertical extent of
contamination, based upon field observations and field screening for organic
vapors, provided that borings must be drilled below the groundwater table only
if site-specific conditions warrant.
B) Up to
two borings must be drilled around each UST piping run where one or more piping
run samples collected pursuant to Section 734.210(h) exceed the most stringent
Tier 1 remediation objectives of 35 Ill. Adm. Code 742 for the applicable
indicator contaminants. One additional boring must be drilled as close as
practicable to each UST piping run if a groundwater investigation is not
required under subsection (a)(2) of this Section. The borings must be advanced
through the entire vertical extent of contamination, based upon field
observations and field screening for organic vapors, provided that borings must
be drilled below the groundwater table only if site-specific conditions
warrant.
C) One
soil sample must be collected from each five-foot interval of each boring
drilled pursuant to subsections (a)(1)(A) and (B) of this Section. Each sample
must be collected from the location within the five-foot interval that is the
most contaminated as a result of the release. If an area of contamination
cannot be identified within a five-foot interval, the sample must be collected
from the center of the five-foot interval. All samples must be analyzed for
the applicable indicator contaminants.
2) Groundwater
investigation.
A) A
groundwater investigation is required under the following circumstances:
i) There
is evidence that groundwater wells have been impacted by the release above the
most stringent Tier 1 remediation objectives of 35 Ill. Adm. Code 742 for the
applicable indicator contaminants;
ii) Free
product that may impact groundwater is found to need recovery in compliance
with Section 734.215 of this Part; or
iii) There
is evidence that contaminated soils may be or may have been in contact with
groundwater, except that, if the owner or operator pumps the excavation or tank
cavity dry, properly disposes of all contaminated water, and demonstrates to
the Agency that no recharge is evident during the 24 hours following pumping,
the owner or operator does not have to complete a groundwater investigation,
unless the Agency's review reveals that further groundwater investigation is
necessary.
B) If a
groundwater investigation is required, the owner or operator must install five
groundwater monitoring wells. One monitoring well must be installed in the
location where groundwater contamination is most likely to be present. The
four remaining wells must be installed at the property boundary line or 200
feet from the UST system, whichever is less, in opposite directions from each
other. The wells must be installed in locations where they are most likely to
detect groundwater contamination resulting from the release and provide
information regarding the groundwater gradient and direction of flow.
C) One
soil sample must be collected from each five-foot interval of each monitoring
well installation boring drilled pursuant to subsection (a)(2)(B) of this
Section. Each sample must be collected from the location within the five-foot
interval that is the most contaminated as a result of the release. If an area
of contamination cannot be identified within a five-foot interval, the sample
must be collected from the center of the five-foot interval. All soil samples
exhibiting signs of contamination must be analyzed for the applicable indicator
contaminants. For borings that do not exhibit any signs of soil contamination,
samples from the following intervals must be analyzed for the applicable
indicator contaminants, provided that the samples must not be analyzed if other
soil sampling conducted to date indicates that soil contamination does not
extend to the location of the monitoring well installation boring:
i) The
five-foot intervals intersecting the elevations of soil samples collected
pursuant to Section 734.210(h), excluding backfill samples, that exceed the
most stringent Tier 1 remediation objectives of 35 Ill. Adm. Code 742 for the
applicable indicator contaminants.
ii) The
five-foot interval immediately above each five-foot interval identified in
subsection (a)(2)(C)(i) of this Section; and
iii) The
five-foot interval immediately below each five-foot interval identified in
subsection (a)(2)(C)(i) of this Section.
D) Following
the installation of the groundwater monitoring wells, groundwater samples must
be collected from each well and analyzed for the applicable indicator
contaminants.
E) As a
part of the groundwater investigation an in-situ hydraulic conductivity test
must be performed in the first fully saturated layer below the water table. If
multiple water bearing units are encountered, an in-situ hydraulic conductivity
test must be performed on each such unit.
i) Wells
used for hydraulic conductivity testing must be constructed in a manner that
ensures the most accurate results.
ii) The screen must be
contained within the saturated zone.
3) An
initial water supply well survey in accordance with Section 734.445(a) of this
Part.
b) The
Stage 1 site investigation plan must consist of a certification signed by the
owner or operator, and by a Licensed Professional Engineer or Licensed
Professional Geologist, that the Stage 1 site investigation will be conducted
in accordance with this Section.
c) If
none of the samples collected as part of the Stage 1 site investigation exceed
the most stringent Tier 1 remediation objectives of 35 Ill. Adm. Code 742 for
the applicable indicator contaminants, the owner or operator must cease site
investigation and proceed with the submission of a site investigation
completion report in accordance with Section 734.330 of this Part. If one or
more of the samples collected as part of the Stage 1 site investigation exceed
the most stringent Tier 1 remediation objectives of 35 Ill. Adm. Code 742 for
the applicable indicator contaminants, within 30 days after completing the
Stage 1 site investigation the owner or operator must submit to the Agency for
review a Stage 2 site investigation plan in accordance with Section 734.320 of
this Part.
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE G: WASTE DISPOSAL
CHAPTER I: POLLUTION CONTROL BOARD
SUBCHAPTER d: UNDERGROUND INJECTION CONTROL AND UNDERGROUND STORAGE TANK PROGRAMS
PART 734
PETROLEUM UNDERGROUND STORAGE TANKS
SECTION 734.320 STAGE 2 SITE INVESTIGATION
Section 734.320 Stage 2 Site Investigation
The Stage 2 site investigation must be designed to complete
the identification of the extent of soil and groundwater contamination at the
site that, as a result of the release, exceeds the most stringent Tier 1
remediation objectives of 35 Ill. Adm. Code 742 for the applicable indicator
contaminants. The investigation of any off-site contamination must be
conducted as part of the Stage 3 site investigation.
a) The Stage 2 site
investigation must consist of the following:
1) The
additional drilling of soil borings and collection of soil samples necessary to
identify the extent of soil contamination at the site that exceeds the most
stringent Tier 1 remediation objectives of 35 Ill. Adm. Code 742 for the
applicable indicator contaminants. Soil samples must be collected in
appropriate locations and at appropriate depths, based upon the results of the
soil sampling and other investigation activities conducted to date, provided,
however, that soil samples must not be collected below the groundwater table.
All samples must be analyzed for the applicable indicator contaminants; and
2) The
additional installation of groundwater monitoring wells and collection of
groundwater samples necessary to identify the extent of groundwater
contamination at the site that exceeds the most stringent Tier 1 remediation
objectives of 35 Ill. Adm. Code 742 for the applicable indicator contaminants.
If soil samples are collected from a monitoring well boring, the samples must
be collected in appropriate locations and at appropriate depths, based upon the
results of the soil sampling and other investigation activities conducted to
date, provided, however, that soil samples must not be collected below the
groundwater table. All samples must be analyzed for the applicable indicator
contaminants.
b) The
Stage 2 site investigation plan must include, but not be limited to, the
following:
1) An
executive summary of Stage 1 site investigation activities and actions proposed
in the Stage 2 site investigation plan to complete the identification of the
extent of soil and groundwater contamination at the site that exceeds the most
stringent Tier 1 remediation objectives of 35 Ill. Adm. Code 742 for the
applicable indicator contaminants;
2) A
characterization of the site and surrounding area, including, but not limited
to, the following:
A) The
current and projected post-remediation uses of the site and surrounding
properties; and
B) The
physical setting of the site and surrounding area including, but not limited
to, features relevant to environmental, geographic, geologic, hydrologic,
hydrogeologic, and topographic conditions;
3) The
results of the Stage 1 site investigation, including but not limited to the
following:
A) One or
more site maps meeting the requirements of Section 734.440 that show the
locations of all borings and groundwater monitoring wells completed to date,
and the groundwater flow direction;
B) One or
more site maps meeting the requirements of Section 734.440 that show the
locations of all samples collected to date and analyzed for the applicable
indicator contaminants;
C) One or
more site maps meeting the requirements of Section 734.440 that show the extent
of soil and groundwater contamination at the site that exceeds the most
stringent Tier 1 remediation objectives of 35 Ill. Adm. Code 742 for the
applicable indicator contaminants;
D) One or
more cross-sections of the site that show the geology of the site and the
horizontal and vertical extent of soil and groundwater contamination at the
site that exceeds the most stringent Tier 1 remediation objectives of 35 Ill.
Adm. Code 742 for the applicable indicator contaminants;
E) Analytical
results, chain of custody forms, and laboratory certifications for all samples
analyzed for the applicable indicator contaminants as part of the Stage 1 site
investigation;
F) One
or more tables comparing the analytical results of the samples collected to
date to the most stringent Tier 1 remediation objectives of 35 Ill. Adm. Code
742 for the applicable indicator contaminants;
G) Water
supply well survey documentation required pursuant to Section 734.445(d) of
this Part for water supply well survey activities conducted as part of the
Stage 1 site investigation; and
H) For
soil borings and groundwater monitoring wells installed as part of the Stage 1
site investigation, soil boring logs and monitoring well construction diagrams
meeting the requirements of Sections 734.425 and 734.430 of this Part; and
4) A Stage
2 sampling plan that includes, but is not limited to, the following:
A) A
narrative justifying the activities proposed as part of the Stage 2 site
investigation;
B) A map
depicting the location of additional soil borings and groundwater monitoring
wells proposed to complete the identification of the extent of soil and
groundwater contamination at the site that exceeds the most stringent Tier 1
remediation objectives of 35 Ill. Adm. Code 742 for the applicable indicator
contaminants; and
C) The
depth and construction details of the proposed soil borings and groundwater
monitoring wells.
c) If
the owner or operator proposes no site investigation activities in the Stage 2
site investigation plan and none of the applicable indicator contaminants that
exceed the most stringent Tier 1 remediation objectives of 35 Ill. Adm. Code
742 as a result of the release extend beyond the site's property boundaries,
upon submission of the Stage 2 site investigation plan the owner or operator
must cease site investigation and proceed with the submission of a site
investigation completion report in accordance with Section 734.330 of this
Part. If the owner or operator proposes no site investigation activities in
the Stage 2 site investigation plan and applicable indicator contaminants that
exceed the most stringent Tier 1 remediation objectives of 35 Ill. Adm. Code
742 as a result of the release extend beyond the site's property boundaries,
within 30 days after the submission of the Stage 2 site investigation plan the
owner or operator must submit to the Agency for review a Stage 3 site
investigation plan in accordance with Section 734.325 of this Part.
d) If
the results of a Stage 2 site investigation indicate that none of the
applicable indicator contaminants that exceed the most stringent Tier 1
remediation objectives of 35 Ill. Adm. Code 742 as a result of the release
extend beyond the site's property boundaries, upon completion of the Stage 2
site investigation the owner or operator must cease site investigation and
proceed with the submission of a site investigation completion report in
accordance with Section 734.330 of this Part. If the results of the Stage 2
site investigation indicate that applicable indicator contaminants that exceed
the most stringent Tier 1 remediation objectives of 35 Ill. Adm. Code 742 as a
result of the release extend beyond the site's property boundaries, within 30
days after the completion of the Stage 2 site investigation the owner or
operator must submit to the Agency for review a Stage 3 site investigation plan
in accordance with Section 734.325 of this Part.
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE G: WASTE DISPOSAL
CHAPTER I: POLLUTION CONTROL BOARD
SUBCHAPTER d: UNDERGROUND INJECTION CONTROL AND UNDERGROUND STORAGE TANK PROGRAMS
PART 734
PETROLEUM UNDERGROUND STORAGE TANKS
SECTION 734.325 STAGE 3 SITE INVESTIGATION
Section 734.325 Stage 3 Site Investigation
The Stage 3 site investigation must be designed to identify
the extent of off-site soil and groundwater contamination that, as a result of
the release, exceeds the most stringent Tier 1 remediation objectives of 35
Ill. Adm. Code 742 for the applicable indicator contaminants.
a) The Stage 3 site
investigation must consist of the following:
1) The
drilling of soil borings and collection of soil samples necessary to identify
the extent of soil contamination beyond the site's property boundaries that
exceeds the most stringent Tier 1 remediation objectives of 35 Ill. Adm. Code
742 for the applicable indicator contaminants. Soil samples must be collected
in appropriate locations and at appropriate depths, based upon the results of
the soil sampling and other investigation activities conducted to date,
provided, however, that soil samples must not be collected below the
groundwater table. All samples must be analyzed for the applicable indicator
contaminants; and
2) The
installation of groundwater monitoring wells and collection of groundwater
samples necessary to identify the extent of groundwater contamination beyond
the site's property boundaries that exceeds the most stringent Tier 1
remediation objectives of 35 Ill. Adm. Code 742 for the applicable indicator
contaminants. If soil samples are collected from a monitoring well boring, the
samples must be collected in appropriate locations and at appropriate depths,
based upon the results of the soil sampling and other investigation activities
conducted to date, provided, however, that soil samples must not be collected
below the groundwater table. All samples must be analyzed for the applicable
indicator contaminants.
b) The
Stage 3 site investigation plan must include, but is not limited to, the
following:
1) An
executive summary of Stage 2 site investigation activities and actions proposed
in the Stage 3 site investigation plan to identify the extent of soil and
groundwater contamination beyond the site's property boundaries that exceeds
the most stringent Tier 1 remediation objectives of 35 Ill. Adm. Code 742 for
the applicable indicator contaminants;
2) The
results of the Stage 2 site investigation, including but not limited to the
following:
A) One or
more site maps meeting the requirements of Section 734.440 that show the
locations of all borings and groundwater monitoring wells completed as part of
the Stage 2 site investigation;
B) One or
more site maps meeting the requirements of Section 734.440 that show the
locations of all groundwater monitoring wells completed to date, and the
groundwater flow direction;
C) One or
more site maps meeting the requirements of Section 734.440 that show the extent
of soil and groundwater contamination at the site that exceeds the most
stringent Tier 1 remediation objectives of 35 Ill. Adm. Code 742 for the
applicable indicator contaminants;
D) One or
more cross-sections of the site that show the geology of the site and the
horizontal and vertical extent of soil and groundwater contamination at the
site that exceeds the most stringent Tier 1 remediation objectives of 35 Ill.
Adm. Code 742 for the applicable indicator contaminants;
E) Analytical
results, chain of custody forms, and laboratory certifications for all samples
analyzed for the applicable indicator contaminants as part of the Stage 2 site
investigation;
F) One
or more tables comparing the analytical results of the samples collected to
date to the most stringent Tier 1 remediation objectives of 35 Ill. Adm. Code
742 for the applicable indicator contaminants; and
G) For
soil borings and groundwater monitoring wells installed as part of the Stage 2
site investigation, soil boring logs and monitoring well construction diagrams
meeting the requirements of Sections 734.425 and 734.430 of this Part; and
3) A Stage
3 sampling plan that includes, but is not limited to, the following:
A) A
narrative justifying the activities proposed as part of the Stage 3 site
investigation;
B) A map
depicting the location of soil borings and groundwater monitoring wells
proposed to identify the extent of soil and groundwater contamination beyond
the site's property boundaries that exceeds the most stringent Tier 1
remediation objectives of 35 Ill. Adm. Code 742 for the applicable indicator
contaminants; and
C) The
depth and construction details of the proposed soil borings and groundwater
monitoring wells.
c) Upon
completion of the Stage 3 site investigation the owner or operator must proceed
with the submission of a site investigation completion report that meets the
requirements of Section 734.330 of this Part.
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE G: WASTE DISPOSAL
CHAPTER I: POLLUTION CONTROL BOARD
SUBCHAPTER d: UNDERGROUND INJECTION CONTROL AND UNDERGROUND STORAGE TANK PROGRAMS
PART 734
PETROLEUM UNDERGROUND STORAGE TANKS
SECTION 734.330 SITE INVESTIGATION COMPLETION REPORT
Section 734.330 Site Investigation Completion Report
Within 30 days after completing the site investigation,
the owner or operator shall submit to the Agency for approval a site
investigation completion report [415 ILCS 5/57.7(a)(5)]. At a minimum, a
site investigation completion report must contain the following:
a) A history of the site
with respect to the release;
b) A description of the
site, including but not limited to the following:
1) General
site information, including but not limited to the site's and surrounding area's
regional location; geography, hydrology, geology, hydrogeology, and topography;
existing and potential migration pathways and exposure routes; and current and
projected post-remediation uses;
2) One
or more maps meeting the requirements of Section 734.440 that show the
locations of all borings and groundwater monitoring wells completed as part of
site investigation, and the groundwater flow direction;
3) One
or more maps showing the horizontal extent of soil and groundwater
contamination exceeding the most stringent Tier 1 remediation objectives of 35
Ill. Adm. Code 742 for the applicable indicator contaminants;
4) One
or more map cross-sections showing the horizontal and vertical extent of soil
and groundwater contamination exceeding the most stringent Tier 1 remediation
objectives of 35 Ill. Adm. Code 742 for the applicable indicator contaminants;
5) Soil
boring logs and monitoring well construction diagrams meeting the requirements
of Sections 734.425 and 734.430 of this Part for all borings drilled and all
groundwater monitoring wells installed as part of site investigation;
6) Analytical
results, chain of custody forms, and laboratory certifications for all samples
analyzed for the applicable indicator contaminants as part of site
investigation;
7) A
table comparing the analytical results of samples collected as part of site
investigation to the most stringent Tier 1 remediation objectives of 35 Ill.
Adm. Code 742 for the applicable indicator contaminants; and
8) The
water supply well survey documentation required pursuant to Section 734.445(d)
of this Part for water supply well survey activities conducted as part of site
investigation; and
c) A
conclusion that includes, but is not limited to, an assessment of the
sufficiency of the data in the report.
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE G: WASTE DISPOSAL
CHAPTER I: POLLUTION CONTROL BOARD
SUBCHAPTER d: UNDERGROUND INJECTION CONTROL AND UNDERGROUND STORAGE TANK PROGRAMS
PART 734
PETROLEUM UNDERGROUND STORAGE TANKS
SECTION 734.335 CORRECTIVE ACTION PLAN
Section 734.335 Corrective Action Plan
a) If
any of the applicable indicator contaminants exceed the most stringent Tier
1 remediation objectives of 35 Ill. Adm. Code 742 for the applicable indicator
contaminants, within 30 days after the Agency approves the site
investigation completion report, the owner or operator shall submit to the
Agency for approval a corrective action plan designed to mitigate any threat to
human health, human safety, or the environment resulting from the underground
storage tank release. [415 ILCS 5/57.7(b)(2)]. The corrective action plan
must address all media impacted by the UST release and must contain, at a
minimum, the following information:
1) An
executive summary that identifies the objectives of the corrective action plan
and the technical approach to be utilized to meet such objectives. At a
minimum, the summary must include the following information:
A) The
major components (e.g., treatment, containment, removal) of the corrective
action plan;
B) The
scope of the problems to be addressed by the proposed corrective action,
including but not limited to the specific indicator contaminants and the
physical area; and
C) A
schedule for implementation and completion of the plan;
2) A
statement of the remediation objectives proposed for the site;
3) A
description of the remedial technologies selected and how each fits into the
overall corrective action strategy, including but not limited to the following:
A) The feasibility of
implementing the remedial technologies;
B) Whether
the remedial technologies will perform satisfactorily and reliably until the remediation
objectives are achieved;
C) A
schedule of when the remedial technologies are expected to achieve the
applicable remediation objectives and a rationale for the schedule; and
D) For
alternative technologies, the information required under Section 734.340 of
this Part;
4) A
confirmation sampling plan that describes how the effectiveness of the
corrective action activities will be monitored or measured during their
implementation and after their completion;
5) A description of the
current and projected future uses of the site;
6) A
description of any engineered barriers or institutional controls proposed for
the site that will be relied upon to achieve remediation objectives. The
description must include, but not be limited to, an assessment of their
long-term reliability and operating and maintenance plans;
7) A
description of water supply well survey activities required pursuant to Sections
734.445(b) and (c) of this Part that were conducted as part of site
investigation; and
8) Appendices
containing references and data sources relied upon in the report that are
organized and presented logically, including but not limited to field logs,
well logs, and reports of laboratory analyses.
b) Any
owner or operator intending to seek payment from the Fund must, prior to
conducting any corrective action activities beyond site investigation, submit
to the Agency a corrective action budget with the corresponding corrective
action plan. The budget must include, but is not limited to, a copy of the
eligibility and deductibility determination of the OSFM and an estimate of all
costs associated with the development, implementation, and completion of the
corrective action plan, excluding handling charges. The budget should be
consistent with the eligible and ineligible costs listed at Sections 734.625
and 734.630 of this Part and the maximum payment amounts set forth in Subpart H
of this Part. As part of the budget the Agency may require a comparison
between the costs of the proposed method of remediation and other methods of
remediation.
c) Upon
the Agency's approval of a corrective action plan, or as otherwise directed by
the Agency, the owner or operator shall proceed with corrective action in
accordance with the plan [415 ILCS 5/57.7(b)(4)].
d) Notwithstanding
any requirement under this Part for the submission of a corrective action plan
or corrective action budget, except as provided at Section 734.340 of this
Part, an owner or operator may proceed to conduct corrective action activities
in accordance with this Subpart C prior to the submittal or approval of an
otherwise required corrective action plan or budget. However, any such plan
and budget must be submitted to the Agency for review and approval, rejection,
or modification in accordance with the procedures contained in Subpart E of
this Part prior to payment for any related costs or the issuance of a No
Further Remediation Letter.
BOARD NOTE: Owners or operators
proceeding under subsection (d) of this Section are advised that they may not be
entitled to full payment from the Fund. Furthermore, applications for payment
must be submitted no later than one year after the date the Agency issues a No
Further Remediation Letter. See Subpart F of this Part.
e) If,
following approval of any corrective action plan or associated budget, an owner
or operator determines that a revised plan or budget is necessary in order to
mitigate any threat to human health, human safety, or the environment resulting
from the underground storage tank release, the owner or operator must submit,
as applicable, an amended corrective action plan or associated budget to the
Agency for review. The Agency must review and approve, reject, or require
modification of the amended plan or budget in accordance with Subpart E of this
Part.
BOARD NOTE: Owners and operators
are advised that the total payment from the Fund for all corrective action
plans and associated budgets submitted by an owner or operator must not exceed
the amounts set forth in Subpart H of this Part.
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE G: WASTE DISPOSAL
CHAPTER I: POLLUTION CONTROL BOARD
SUBCHAPTER d: UNDERGROUND INJECTION CONTROL AND UNDERGROUND STORAGE TANK PROGRAMS
PART 734
PETROLEUM UNDERGROUND STORAGE TANKS
SECTION 734.340 ALTERNATIVE TECHNOLOGIES
Section 734.340 Alternative Technologies
a) An
owner or operator may choose to use an alternative technology for corrective
action in response to a release. Corrective action plans proposing the use of
alternative technologies must be submitted to the Agency in accordance with
Section 734.335 of this Part. In addition to the requirements for corrective
action plans contained in Section 734.335, the owner or operator who seeks
approval of an alternative technology must submit documentation along with the
corrective action plan demonstrating that:
1) The
proposed alternative technology has a substantial likelihood of successfully
achieving compliance with all applicable regulations and remediation objectives
necessary to comply with the Act and regulations and to protect human health
and safety and the environment;
2) The
proposed alternative technology will not adversely affect human health and
safety or the environment;
3) The
owner or operator will obtain all Agency permits necessary to legally authorize
use of the alternative technology;
4) The
owner or operator will implement a program to monitor whether the requirements
of subsection (a)(1) of this Section have been met; and
5) Within
one year from the date of Agency approval the owner or operator will provide to
the Agency monitoring program results establishing whether the proposed
alternative technology will successfully achieve compliance with the
requirements of subsection (a)(1) of this Section and any other applicable regulations.
The Agency may require interim reports as necessary to track the progress of
the alternative technology. The Agency will specify in the approval when those
interim reports must be submitted to the Agency.
b) An
owner or operator intending to seek payment for costs associated with the use
of an alternative technology must submit a corresponding budget in accordance
with Section 734.335 of this Part. In addition to the requirements for a
corrective action budget at Section 734.335 of this Part, the budget must
demonstrate that the cost of the alternative technology will not exceed the
cost of conventional technology and is not substantially higher than other
available alternative technologies. The budget plan must compare the costs of
at least two other available alternative technologies to the costs of the
proposed alternative technology, if other alternative technologies are
available and are technically feasible.
c) If an
owner or operator has received approval of a corrective action plan and associated
budget from the Agency prior to implementing the plan and the alternative
technology fails to satisfy the requirements of subsection (a)(1) or (a)(2) of
this Section, such failure must not make the owner or operator ineligible to
seek payment for the activities associated with the subsequent performance of a
corrective action using conventional technology. However, in no case must the
total payment for the site exceed the statutory maximums. Owners or operators
implementing alternative technologies without obtaining pre-approval must be
ineligible to seek payment for the subsequent performance of a corrective
action using conventional technology.
d) The
Agency may require remote monitoring of an alternative technology. The
monitoring may include, but is not limited to, monitoring the alternative
technology's operation and progress in achieving the applicable remediation
objectives.
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE G: WASTE DISPOSAL
CHAPTER I: POLLUTION CONTROL BOARD
SUBCHAPTER d: UNDERGROUND INJECTION CONTROL AND UNDERGROUND STORAGE TANK PROGRAMS
PART 734
PETROLEUM UNDERGROUND STORAGE TANKS
SECTION 734.345 CORRECTIVE ACTION COMPLETION REPORT
Section 734.345 Corrective Action Completion Report
a) Within
30 days after the completion of a corrective action plan that achieves
applicable remediation objectives the owner or operator shall submit to the
Agency for approval a corrective action completion report. The report shall
demonstrate whether corrective action was completed in accordance with the
approved corrective action plan and whether the remediation objectives approved
for the site, as well as any other requirements of the plan, have been achieved
[415 ILCS 5/57.7(b)(5)]. At a minimum, the report must contain the following
information:
1) An
executive summary that identifies the overall objectives of the corrective
action and the technical approach utilized to meet those objectives. At a
minimum, the summary must contain the following information:
A) A
brief description of the site, including but not limited to a description of
the release, the applicable indicator contaminants, the contaminated media, and
the extent of soil and groundwater contamination that exceeded the most
stringent Tier 1 remediation objectives of 35 Ill. Adm. Code 742 for the
applicable indicator contaminants;
B) The
major components (e.g., treatment, containment, removal) of the corrective
action;
C) The
scope of the problems corrected or mitigated by the corrective action; and
D) The
anticipated post-corrective action uses of the site and areas immediately
adjacent to the site;
2) A
description of the corrective action activities conducted, including but not
limited to the following:
A) A
narrative description of the field activities conducted as part of corrective
action;
B) A
narrative description of the remedial actions implemented at the site and the
performance of each remedial technology utilized;
C) Documentation
of sampling activities conducted as part of corrective action, including but
not limited to the following:
i) Sample
collection information, including but not limited to the sample collector's
name, the date and time of sample collection, the collection method, and the
sample location;
ii) Sample
preservation and shipment information, including but not limited to field
quality control;
iii) Analytical
procedure information, including but not limited to the method detection limits
and the practical quantitation limits;
iv) Chain of custody and
control; and
v) Field and lab blanks;
and
D) Soil
boring logs and monitoring well construction diagrams meeting the requirements
of Sections 734.425 and 734.430 of this Part for all borings drilled and all
groundwater monitoring wells installed as part of corrective action;
3) A
narrative description of any special conditions relied upon as part of
corrective action, including but not limited to information regarding the
following:
A) Engineered
barriers utilized in accordance with 35 Ill. Adm. Code 742 to achieve the
approved remediation objectives;
B) Institutional
controls utilized in accordance with 35 Ill. Adm. Code 742 to achieve the
approved remediation objectives, including but not limited to a legible copy of
any such controls;
C) Other
conditions, if any, necessary for protection of human health and safety and the
environment that are related to the issuance of a No Further Remediation
Letter; and
D) Any
information required pursuant to Section 734.350 of this Part regarding
off-site access;
4) An
analysis of the effectiveness of the corrective action that compares the
confirmation sampling results to the remediation objectives approved for the
site. The analysis must present the remediation objectives in an appropriate
format (e.g., tabular and graphical displays) such that the information is
organized and presented logically and the relationships between the different
investigations for each medium are apparent;
5) A
conclusion that identifies the success in meeting the remediation objectives
approved for the site, including but not limited to an assessment of the
accuracy and completeness of the data in the report;
6) Appendices
containing references and data sources relied upon in the report that are
organized and presented logically, including but not limited to field logs,
well logs, and reports of laboratory analyses;
7) The
water supply well survey documentation required pursuant to Section 734.445(d)
of this Part for water supply well survey activities conducted as part of
corrective action; and
8) A
site map containing only the information required under Section 734.440 of this
Part. The site map must also show any engineered barriers utilized to achieve
remediation objectives.
b) The
owner or operator is not required to perform remedial action on an off-site
property, even where complete performance of a corrective action plan would
otherwise require such off-site action, if the Agency determines that the owner
or operator is unable to obtain access to the property despite the use of best
efforts in accordance with the requirements of Section 734.350 of this Part.
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE G: WASTE DISPOSAL
CHAPTER I: POLLUTION CONTROL BOARD
SUBCHAPTER d: UNDERGROUND INJECTION CONTROL AND UNDERGROUND STORAGE TANK PROGRAMS
PART 734
PETROLEUM UNDERGROUND STORAGE TANKS
SECTION 734.350 OFF-SITE ACCESS
Section 734.350 Off-site Access
a) An
owner or operator seeking to comply with the best efforts requirements of
Section 734.345(b) of this Part must demonstrate compliance with the
requirements of this Section.
b) In
conducting best efforts to obtain off-site access, an owner or operator must,
at a minimum, send a letter by certified mail to the owner of any off-site
property to which access is required, stating:
1) Citation
to Title XVI of the Act stating the legal responsibility of the owner or
operator to remediate the contamination caused by the release;
2) That,
if the property owner denies access to the owner or operator, the owner or
operator may seek to gain entry by a court order pursuant to Section 22.2c of
the Act;
3) That,
in performing the requested investigation, the owner or operator will work so
as to minimize any disruption on the property, will maintain, or its consultant
will maintain, appropriate insurance and will repair any damage caused by the
investigation;
4) If
contamination results from a release by the owner or operator, the owner or
operator will conduct all associated remediation at its own expense;
5) That
threats to human health and the environment and diminished property value may
result from failure to remediate contamination from the release; and
6) A reasonable time to
respond to the letter, not less than 30 days.
c) An
owner or operator, in demonstrating that the requirements of this Section have
been met, must provide to the Agency, as part of the corrective action
completion report, the following documentation:
1) A
sworn affidavit, signed by the owner or operator, identifying the specific
off-site property involved by address, the measures proposed in the corrective
action plan that require off-site access, and the efforts taken to obtain
access, and stating that the owner or operator has been unable to obtain access
despite the use of best efforts; and
2) A
copy of the certified letter sent to the owner of the off-site property
pursuant to subsection (b) of this Section.
d) In determining
whether the efforts an owner or operator has made constitute best efforts to
obtain access, the Agency must consider the following factors:
1) The
physical and chemical characteristics, including toxicity, persistence and
potential for migration, of applicable indicator contaminants at the property
boundary line;
2) The
hydrogeological characteristics of the site and the surrounding area, including
the attenuation capacity and saturation limits of the soil at the property
boundary line;
3) The
nature and extent of known contamination at the site, including the levels of
applicable indicator contaminants at the property boundary line;
4) The
potential effects of residual contamination on nearby surface water and
groundwater;
5) The
proximity, quality and current and future uses of nearby surface water and
groundwater, including regulated recharge areas, wellhead protection areas, and
setback zones of potable water supply wells;
6) Any
known or suspected natural or man-made migration pathways existing in or near
the suspected area of off-site contamination;
7) The
nature and use of the part of the off-site property that is the suspected area
of contamination;
8) Any
existing on-site engineered barriers or institutional controls that might have
an impact on the area of suspected off-site contamination, and the nature and
extent of such impact; and
9) Any other applicable
information assembled in compliance with this Part.
e) The
Agency must issue a No Further Remediation Letter to an owner or operator
subject to this Section and otherwise entitled to such issuance only if the
owner or operator has, in accordance with this Section, either completed any
requisite off-site corrective action or demonstrated to the Agency's
satisfaction an inability to obtain off-site access despite best efforts.
f) The
owner or operator is not relieved of responsibility to clean up a release that
has migrated beyond the property boundary even where off-site access is denied.
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE G: WASTE DISPOSAL
CHAPTER I: POLLUTION CONTROL BOARD
SUBCHAPTER d: UNDERGROUND INJECTION CONTROL AND UNDERGROUND STORAGE TANK PROGRAMS
PART 734
PETROLEUM UNDERGROUND STORAGE TANKS
SECTION 734.355 STATUS REPORT
Section 734.355 Status Report
a) If
within 4 years after the approval of any corrective action plan the applicable
remediation objectives have not been achieved and the owner or operator has not
submitted a corrective action completion report, the owner or operator shall
submit a status report for Agency review. The status report shall include, but
is not limited to, a description of the remediation activities taken to date,
the effectiveness of the method of remediation being used, the likelihood of
meeting the applicable remediation objectives using the current method of
remediation, and the date the applicable remediation objectives are expected to
be achieved [415 ILCS 5/57.7(b)(6)].
b) If
the Agency determines any approved corrective action plan will not achieve
applicable remediation objectives within a reasonable time, based upon the
method of remediation and site specific circumstances, the Agency may require
the owner or operator to submit to the Agency for approval a revised corrective
action plan. If the owner or operator intends to seek payment from the Fund,
the owner or operator shall also submit a revised budget [415 ILCS
5/57.7(b)(7)]. The revised corrective action plan and any associated budget
must be submitted in accordance with Section 734.335 of this Part.
c) Any
action by the Agency to require a revised corrective action plan pursuant to
subsection (b) of this Section must be subject to appeal to the Board within 35
days after the Agency's final action in the manner provided for the review of
permit decisions in Section 40 of the Act.
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE G: WASTE DISPOSAL
CHAPTER I: POLLUTION CONTROL BOARD
SUBCHAPTER d: UNDERGROUND INJECTION CONTROL AND UNDERGROUND STORAGE TANK PROGRAMS
PART 734
PETROLEUM UNDERGROUND STORAGE TANKS
SECTION 734.360 APPLICATION OF CERTAIN TACO PROVISIONS
Section
734.360 Application of Certain TACO Provisions
For purposes of payment from
the Fund, corrective action activities required to meet the minimum
requirements of this Part shall
include, but not be limited to, the following use of the Board's Tiered
Approach to Corrective Action Objectives rules adopted under Title XVII of the
Act [415 ILCS 5/57.7(c)(3)(A)]:
a) For the site where the release occurred, the
use of Tier 2 remediation objectives that are no more stringent than Tier 1
remediation objectives. [415 ILCS 5/57.7(c)(3)(A)(i)]
b) The use of industrial/commercial property
remediation objectives, unless the owner or operator demonstrates that the
property being remediated is residential property or is being developed into
residential property. [415 ILCS 5/57.7(c)(3)(A)(ii)]
c) If a groundwater ordinance already
approved by the Agency for use as an institutional control in accordance with
35 Ill. Adm. Code 742 can be used as an institutional control for the release
being remediated, the groundwater ordinance must be used as an institutional
control, provided that the Agency may approve remediation to the extent
necessary to remediate or prevent groundwater contamination of off-site
property that is not subject to a groundwater ordinance already approved by the
Agency for use as an institutional control.
d) If the use of a groundwater ordinance as an
institutional control is not required pursuant to subsection (c) of this
Section, another institutional control must be used in accordance with 35 Ill.
Adm. Code 742 to address groundwater contamination at the site where the
release occurred, provided that the Agency may approve remediation to the
extent necessary to remediate or prevent groundwater contamination at off-site
property that is not subject to a groundwater ordinance or other institutional
control that it used to address groundwater contamination. Institutional
controls used to comply with this subsection (d) include, but are not limited
to, the following:
1) Groundwater ordinances that are not required to
be used as institutional controls pursuant to subsection (c) of this Section.
2) No Further Remediation Letters that prohibit the
use and installation of potable water supply wells at the site.
(Source: Added at 36 Ill. Reg.
4898, effective March 19, 2012)
SUBPART D: MISCELLANEOUS PROVISIONS
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE G: WASTE DISPOSAL
CHAPTER I: POLLUTION CONTROL BOARD
SUBCHAPTER d: UNDERGROUND INJECTION CONTROL AND UNDERGROUND STORAGE TANK PROGRAMS
PART 734
PETROLEUM UNDERGROUND STORAGE TANKS
SECTION 734.400 GENERAL
Section 734.400 General
This Subpart D applies to all activities conducted under
this Part and all plans, budgets, reports, and other documents submitted under
this Part.
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE G: WASTE DISPOSAL
CHAPTER I: POLLUTION CONTROL BOARD
SUBCHAPTER d: UNDERGROUND INJECTION CONTROL AND UNDERGROUND STORAGE TANK PROGRAMS
PART 734
PETROLEUM UNDERGROUND STORAGE TANKS
SECTION 734.405 INDICATOR CONTAMINANTS
Section 734.405 Indicator Contaminants
a) For
purposes of this Part, the term "indicator contaminants" must mean
the parameters identified in subsections (b) through (i) of this Section.
b) For
gasoline, including but not limited to leaded, unleaded, premium and gasohol,
the indicator contaminants must be benzene, ethylbenzene, toluene, total
xylenes, and methyl tertiary butyl ether (MTBE), except as provided in
subsection (h) of this Section. For leaded gasoline, lead must also be an
indicator contaminant.
c) For
aviation turbine fuels, jet fuels, diesel fuels, gas turbine fuel oils, heating
fuel oils, illuminating oils, kerosene, lubricants, liquid asphalt and dust
laying oils, cable oils, crude oil, crude oil fractions, petroleum feedstocks,
petroleum fractions, and heavy oils, the indicator contaminants must be
benzene, ethylbenzene, toluene, total xylenes, and the polynuclear aromatics
listed in Appendix B of this Part. For leaded aviation turbine fuels, lead
must also be an indicator contaminant.
d) For
transformer oils the indicator contaminants must be benzene, ethylbenzene,
toluene, total xylenes, and the polynuclear aromatics and the polychlorinated
biphenyl parameters listed in Appendix B of this Part.
e) For
hydraulic fluids the indicator contaminants must be benzene, ethylbenzene,
toluene, total xylenes, the polynuclear aromatics listed in Appendix B of this
Part, and barium.
f) For
petroleum spirits, mineral spirits, Stoddard solvents, high-flash aromatic
naphthas, moderately volatile hydrocarbon solvents, and petroleum extender
oils, the indicator contaminants must be the volatile, base/neutral and
polynuclear aromatic parameters listed in Appendix B of this Part. The Agency
may add degradation products or mixtures of any of the above pollutants in
accordance with 35 Ill. Adm. Code 620.615.
g) For
used oil, the indicator contaminants must be determined by the results of a
used oil soil sample analysis. In accordance with Section 734.210(h) of this
Part, soil samples must be collected from the walls and floor of the used oil
UST excavation if the UST is removed, or from borings drilled along each side
of the used oil UST if the UST remains in place. The sample that appears to be
the most contaminated as a result of a release from the used oil UST must then
be analyzed for the following parameters. If none of the samples appear to be
contaminated, a soil sample must be collected from the floor of the used oil
UST excavation below the former location of the UST if the UST is removed, or
from soil located at the same elevation as the bottom of the used oil UST if
the UST remains in place, and analyzed for the following parameters:
1) All
volatile, base/neutral, polynuclear aromatic, and metal parameters listed at
Appendix B of this Part and any other parameters the Licensed Professional
Engineer or Licensed Professional Geologist suspects may be present based on
UST usage. The Agency may add degradation products or mixtures of any of the
above pollutants in accordance with 35 Ill. Adm. Code 620.615.
2) The
used oil indicator contaminants must be those volatile, base/neutral, and metal
parameters listed at Appendix B of this Part or as otherwise identified at
subsection (g)(1) of this Section that exceed their remediation objective at 35
Ill. Adm. Code 742 in addition to benzene, ethylbenzene, toluene, total
xylenes, and polynuclear aromatics listed in Appendix B of this Part.
3) If
none of the parameters exceed their remediation objective, the used oil
indicator contaminants must be benzene, ethylbenzene, toluene, total xylenes,
and the polynuclear aromatics listed in Appendix B of this Part.
h) Unless
an owner or operator elects otherwise pursuant to subsection (i) of this
Section, the term "indicator contaminants" must not include MTBE for
any release reported to the Illinois Emergency Management Agency prior to June
1, 2002 (the effective date of amendments establishing MTBE as an indicator
contaminant).
i) An
owner or operator exempt from having to address MTBE as an indicator
contaminant pursuant to subsection (h) of this Section may elect to include
MTBE as an indicator contaminant under the circumstances listed in subsections
(1) or (2) of this subsection (i). Elections to include MTBE as an indicator
contaminant must be made by submitting to the Agency a written notification of
such election signed by the owner or operator. The election must be effective
upon the Agency's receipt of the notification and cannot be withdrawn once
made. Owners or operators electing to include MTBE as an indicator contaminant
must remediate MTBE contamination in accordance with the requirements of this
Part.
1) If
the Agency has not issued a No Further Remediation Letter for the release; or
2) If
the Agency has issued a No Further Remediation Letter for the release and the
release has caused off-site groundwater contamination exceeding the remediation
objective for MTBE set forth in 35 Ill. Adm. Code 742.
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE G: WASTE DISPOSAL
CHAPTER I: POLLUTION CONTROL BOARD
SUBCHAPTER d: UNDERGROUND INJECTION CONTROL AND UNDERGROUND STORAGE TANK PROGRAMS
PART 734
PETROLEUM UNDERGROUND STORAGE TANKS
SECTION 734.410 REMEDIATION OBJECTIVES
Section 734.410 Remediation Objectives
The owner or operator must propose remediation objectives
for applicable indicator contaminants in accordance with 35 Ill. Adm. Code 742.
Owners and operators seeking payment from the Fund that perform on-site
corrective action in accordance with Tier 2 remediation objectives of 35 Ill.
Adm. Code 742 must determine the following parameters on a site-specific basis:
Hydraulic conductivity (K)
Soil bulk density (ρb)
Soil particle density (ρs)
Moisture content (w)
Organic carbon content (foc)
BOARD NOTE: Failure to use site-specific
remediation objectives on-site and to utilize available groundwater ordinances
as institutional controls may result in certain corrective action costs being
ineligible for payment from the Fund. See Section 734.630(aaa) and (bbb) of
this Part.
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE G: WASTE DISPOSAL
CHAPTER I: POLLUTION CONTROL BOARD
SUBCHAPTER d: UNDERGROUND INJECTION CONTROL AND UNDERGROUND STORAGE TANK PROGRAMS
PART 734
PETROLEUM UNDERGROUND STORAGE TANKS
SECTION 734.415 DATA QUALITY
Section 734.415 Data Quality
a) The
following activities must be conducted in accordance with "Test Methods
for Evaluating Solid Wastes, Physical/Chemical Methods," EPA Publication
No. SW-846, incorporated by reference at Section 734.120 of this Part, or other
procedures as approved by the Agency:
1) All
field sampling activities, including but not limited to activities relative to
sample collection, documentation, preparation, labeling, storage and shipment,
security, quality assurance and quality control, acceptance criteria,
corrective action, and decontamination procedures;
2) All
field measurement activities, including but not limited to activities relative
to equipment and instrument operation, calibration and maintenance, corrective
action, and data handling; and
3) All
quantitative analysis of samples to determine concentrations of indicator
contaminants, including but not limited to activities relative to facilities,
equipment and instrumentation, operating procedures, sample management, test
methods, equipment calibration and maintenance, quality assurance and quality
control, corrective action, data reduction and validation, reporting, and
records management. Analyses of samples that require more exacting detection
limits than, or that cannot be analyzed by standard methods identified in, "Test
Methods for Evaluating Solid Wastes, Physical/Chemical Methods," EPA
Publication No. SW-846, must be conducted in accordance with analytical
protocols developed in consultation with and approved by the Agency.
b) The
analytical methodology used for the analysis of indicator contaminants must
have a practical quantitation limit at or below the most stringent objectives
or detection levels set forth in 35 Ill. Adm. Code 742 or determined by the
Agency pursuant to Section 734.140 of this Part.
c) All
field or laboratory measurements of samples to determine physical or
geophysical characteristics must be conducted in accordance with applicable
ASTM standards incorporated by reference at 35 Ill. Adm. Code 742.210, or other
procedures as approved by the Agency.
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE G: WASTE DISPOSAL
CHAPTER I: POLLUTION CONTROL BOARD
SUBCHAPTER d: UNDERGROUND INJECTION CONTROL AND UNDERGROUND STORAGE TANK PROGRAMS
PART 734
PETROLEUM UNDERGROUND STORAGE TANKS
SECTION 734.420 LABORATORY CERTIFICATION
Section 734.420 Laboratory Certification
All quantitative analyses of samples collected on or after
January 1, 2003, and utilizing any of the approved test methods identified in
35 Ill. Adm. Code 186.180 must be completed by an accredited laboratory in
accordance with the requirements of 35 Ill. Adm. Code 186. A certification
from the accredited laboratory stating that the samples were analyzed in
accordance with the requirements of this Section must be included with the
sample results when they are submitted to the Agency. Quantitative analyses
not utilizing an accredited laboratory in accordance with Part 186 must be
deemed invalid.
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE G: WASTE DISPOSAL
CHAPTER I: POLLUTION CONTROL BOARD
SUBCHAPTER d: UNDERGROUND INJECTION CONTROL AND UNDERGROUND STORAGE TANK PROGRAMS
PART 734
PETROLEUM UNDERGROUND STORAGE TANKS
SECTION 734.425 SOIL BORINGS
Section 734.425 Soil Borings
a) Soil
borings must be continuously sampled to ensure that no gaps appear in the
sample column.
b) Any
water bearing unit encountered must be protected as necessary to prevent
cross-contamination during drilling.
c) Soil
boring logs must be kept for all soil borings. The logs must be submitted in
the corresponding site investigation plan, site investigation completion
report, or corrective action completion report on forms prescribed and provided
by the Agency and, if specified by the Agency in writing, in an electronic
format. At a minimum, soil boring logs must contain the following information:
1) Sampling device, sample
number, and amount of recovery;
2) Total depth of boring
to the nearest 6 inches;
3) Detailed
field observations describing materials encountered in boring, including but
not limited to soil constituents, consistency, color, density, moisture, odors,
and the nature and extent of sand or gravel lenses or seams equal to or greater
than 1 inch in thickness;
4) Petroleum
hydrocarbon vapor readings (as determined by continuous screening of borings
with field instruments capable of detecting such vapors);
5) Locations of sample(s)
used for physical or chemical analysis;
6) Groundwater levels
while boring and at completion; and
7) Unified
Soil Classification System (USCS) soil classification group symbols in
accordance with ASTM Standard D 2487-93, "Standard Test Method for
Classification of Soils for Engineering Purposes," incorporated by
reference in Section 734.120 of this Part, or other Agency approved method.
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE G: WASTE DISPOSAL
CHAPTER I: POLLUTION CONTROL BOARD
SUBCHAPTER d: UNDERGROUND INJECTION CONTROL AND UNDERGROUND STORAGE TANK PROGRAMS
PART 734
PETROLEUM UNDERGROUND STORAGE TANKS
SECTION 734.430 MONITORING WELL CONSTRUCTION AND SAMPLING
Section 734.430 Monitoring Well Construction and
Sampling
a) At a
minimum, all monitoring well construction must satisfy the following
requirements:
1) Wells
must be constructed in a manner that will enable the collection of representative
groundwater samples;
2) Wells
must be cased in a manner that maintains the integrity of the borehole. Casing
material must be inert so as not to affect the water sample. Casing requiring
solvent-cement type couplings must not be used;
3) Wells
must be screened to allow sampling only at the desired interval. Annular space
between the borehole wall and well screen section must be packed with clean,
well-rounded and uniform material sized to avoid clogging by the material in
the zone being monitored. The slot size of the screen must be designed to
minimize clogging. Screens must be fabricated from material that is inert with
respect to the constituents of the groundwater to be sampled;
4) Annular
space above the well screen section must be sealed with a relatively
impermeable, expandable material such as cement/bentonite grout that does not
react with or in any way affect the sample, in order to prevent contamination
of groundwater samples and groundwater and avoid interconnections. The seal
must extend to the highest known seasonal groundwater level;
5) The
annular space must be backfilled with expanding cement grout from an elevation
below the frost line and mounded above the surface and sloped away from the
casing so as to divert surface water away;
6) Wells
must be covered with vented caps and equipped with devices to protect against
tampering and damage. Locations of wells must be clearly marked and protected
against damage from vehicular traffic or other activities associated with expected
site use; and
7) Wells
must be developed to allow free entry of groundwater, minimize turbidity of the
sample, and minimize clogging.
b) Monitoring
well construction diagrams must be completed for each monitoring well. The
well construction diagrams must be submitted in the corresponding site
investigation plan, site investigation completion report, or corrective action
completion report on forms prescribed and provided by the Agency and, if
specified by the Agency in writing, in an electronic format.
c) Static
groundwater elevations in each well must be determined and recorded following
well construction and prior to each sample collection to determine the gradient
of the groundwater table, and must be reported in the corresponding site
investigation plan, site investigation completion report or corrective action
completion report.
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE G: WASTE DISPOSAL
CHAPTER I: POLLUTION CONTROL BOARD
SUBCHAPTER d: UNDERGROUND INJECTION CONTROL AND UNDERGROUND STORAGE TANK PROGRAMS
PART 734
PETROLEUM UNDERGROUND STORAGE TANKS
SECTION 734.435 SEALING OF SOIL BORINGS AND GROUNDWATER MONITORING WELLS
Section 734.435 Sealing of Soil Borings and Groundwater
Monitoring Wells
Boreholes and monitoring wells must be abandoned pursuant to
regulations promulgated by the Illinois Department of Public Health at 77 Ill.
Adm. Code 920.120.
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE G: WASTE DISPOSAL
CHAPTER I: POLLUTION CONTROL BOARD
SUBCHAPTER d: UNDERGROUND INJECTION CONTROL AND UNDERGROUND STORAGE TANK PROGRAMS
PART 734
PETROLEUM UNDERGROUND STORAGE TANKS
SECTION 734.440 SITE MAP REQUIREMENTS
Section 734.440 Site Map Requirements
At a minimum, all site maps submitted to the Agency must
meet the following requirements:
a) The maps must be of
sufficient detail and accuracy to show required information;
b) The
maps must contain the map scale, an arrow indicating north orientation, and the
date the map was created; and
c) The maps must show the
following:
1) The
property boundary lines of the site, properties adjacent to the site, and other
properties that are, or may be, adversely affected by the release;
2) The
uses of the site, properties adjacent to the site, and other properties that
are, or may be, adversely affected by the release;
3) The
locations of all current and former USTs at the site, and the contents of each
UST; and
4) All
structures, other improvements, and other features at the site, properties
adjacent to the site, and other properties that are, or may be, adversely
affected by the release, including but not limited to buildings, pump islands,
canopies, roadways and other paved areas, utilities, easements, rights-of-way,
and actual or potential natural or man-made pathways.
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE G: WASTE DISPOSAL
CHAPTER I: POLLUTION CONTROL BOARD
SUBCHAPTER d: UNDERGROUND INJECTION CONTROL AND UNDERGROUND STORAGE TANK PROGRAMS
PART 734
PETROLEUM UNDERGROUND STORAGE TANKS
SECTION 734.445 WATER SUPPLY WELL SURVEY
Section 734.445 Water Supply Well Survey
a) At a
minimum, the owner or operator must conduct a water supply well survey to
identify all potable water supply wells located at the site or within 200 feet
of the site, all community water supply wells located at the site or within
2,500 feet of the site, and all regulated recharge areas and wellhead
protection areas in which the site is located. Actions taken to identify the
wells must include, but not be limited to, the following:
1) Contacting
the Agency's Division of Public Water Supplies to identify community water
supply wells, regulated recharge areas, and wellhead protection areas;
2) Using
current information from the Illinois State Geological Survey, the Illinois
State Water Survey, and the Illinois Department of Public Health (or the county
or local health department delegated by the Illinois Department of Public
Health to permit potable water supply wells) to identify potable water supply
wells other than community water supply wells; and
3) Contacting
the local public water supply entities to identify properties that receive
potable water from a public water supply.
b) In
addition to the potable water supply wells identified pursuant to subsection
(a) of this Section, the owner or operator must extend the water supply well
survey if soil or groundwater contamination exceeding the Tier 1 groundwater
ingestion exposure route remediation objectives of 35 Ill. Adm. Code 742 for
the applicable indicator contaminants extends beyond the site's property
boundary, or, as part of a corrective action plan, the owner or operator
proposes to leave in place soil or groundwater contamination exceeding the Tier
1 groundwater ingestion exposure route remediation objectives of 35 Ill. Adm.
Code 742 for the applicable indicator contaminants and contamination exceeding
such objectives is modeled to migrate beyond the site's property boundary. At
a minimum, the extended water supply well survey must identify the following:
1) All
potable water supply wells located within 200 feet, and all community water
supply wells located within 2,500 feet, of the current or modeled extent of
soil or groundwater contamination exceeding the Tier 1 groundwater ingestion
exposure route remediation objectives of 35 Ill. Adm. Code 742 for the
applicable indicator contaminants; and
2) All
regulated recharge areas and wellhead protection areas in which the current or
modeled extent of soil or groundwater contamination exceeding the Tier 1
groundwater ingestion exposure route remediation objectives of 35 Ill. Adm.
Code 742 for the applicable indicator contaminants is located.
c) The
Agency may require additional investigation of potable water supply wells,
regulated recharge areas, or wellhead protection areas if site-specific circumstances
warrant. Such circumstances must include, but not be limited to, the existence
of one or more parcels of property within 200 feet of the current or modeled
extent of soil or groundwater contamination exceeding the Tier 1 groundwater
ingestion exposure route remediation objectives of 35 Ill. Adm. Code 742 for
the applicable indicator contaminants where potable water is likely to be used,
but that is not served by a public water supply or a well identified pursuant
to subsections (a) or (b) of this Section. The additional investigation may
include, but is not limited to, physical well surveys (e.g., interviewing
property owners, investigating individual properties for wellheads,
distributing door hangers or other material that requests information about the
existence of potable wells on the property, etc.).
d) Documentation
of the water supply well survey conducted pursuant to this Section must
include, but not be limited to, the following:
1) One or
more maps, to an appropriate scale, showing the following:
A) The
location of the community water supply wells and other potable water supply
wells identified pursuant to this Section, and the setback zone for each well;
B) The
location and extent of regulated recharge areas and wellhead protection areas
identified pursuant to this Section;
C) The
current extent of groundwater contamination exceeding the Tier 1 groundwater
ingestion exposure route remediation objectives of 35 Ill. Adm. Code 742 for
the applicable indicator contaminants; and
D) The
modeled extent of groundwater contamination exceeding the Tier 1 groundwater
ingestion exposure route remediation objectives of 35 Ill. Adm. Code 742 for
the applicable indicator contaminants. The information required under this
subsection (d)(1)(D) is not required to be shown in a site investigation report
if modeling is not performed as part of site investigation;
2) One
or more tables listing the setback zones for each community water supply well
and other potable water supply wells identified pursuant to this Section;
3) A
narrative that, at a minimum, identifies each entity contacted to identify
potable water supply wells pursuant to this Section, the name and title of each
person contacted at each entity, and field observations associated with the
identification of potable water supply wells; and
4) A
certification from a Licensed Professional Engineer or Licensed Professional
Geologist that the water supply well survey was conducted in accordance with
the requirements of this Section and that the documentation submitted pursuant
to subsection (d) of this Section includes the information obtained as a result
of the survey.
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE G: WASTE DISPOSAL
CHAPTER I: POLLUTION CONTROL BOARD
SUBCHAPTER d: UNDERGROUND INJECTION CONTROL AND UNDERGROUND STORAGE TANK PROGRAMS
PART 734
PETROLEUM UNDERGROUND STORAGE TANKS
SECTION 734.450 DEFERRED SITE INVESTIGATION OR CORRECTIVE ACTION; PRIORITY LIST FOR PAYMENT
Section 734.450 Deferred Site Investigation or
Corrective Action; Priority List for Payment
a) An
owner or operator who has received approval for any budget submitted pursuant
to this Part and who is eligible for payment from the Fund may elect to defer
site investigation or corrective action activities until funds are available in
an amount equal to the amount approved in the budget if the requirements of
subsection (b) of this Section are met.
1) Approvals
of budgets must be pursuant to Agency review in accordance with Subpart E of
this Part.
2) The
Agency must monitor the availability of funds and must provide notice of
insufficient funds to owners or operators in accordance with Section 734.505(g)
of this Part.
3) Owners
and operators must submit elections to defer site investigation or corrective
action activities on forms prescribed and provided by the Agency and, if
specified by the Agency by written notice, in an electronic format. The Agency's
record of the date of receipt must be deemed conclusive unless a contrary date
is proven by a dated, signed receipt from certified or registered mail.
4) The
Agency must review elections to defer site investigation or corrective action
activities to determine whether the requirements of subsection (b) of this
Section are met. The Agency must notify the owner or operator in writing of
its final action on any such election. If the Agency fails to notify the owner
or operator of its final action within 120 days after its receipt of the
election, the owner or operator may deem the election rejected by operation of
law.
A) The
Agency must mail notices of final action on an election to defer by registered
or certified mail, post marked with a date stamp and with return receipt
requested. Final action must be deemed to have taken place on the post marked
date that such notice is mailed.
B) Any
action by the Agency to reject an election, or the rejection of an election by
the Agency's failure to act, is subject to appeal to the Board within 35 days
after the Agency's final action in the manner provided for the review of permit
decisions in Section 40 of the Act.
5) Upon
approval of an election to defer site investigation or corrective action
activities until funds are available, the Agency must place the site on a
priority list for payment and notification of availability of sufficient
funds. Sites must enter the priority list for payment based solely on the date
the Agency receives a complete written election of deferral, with the earliest
dates having the highest priority.
6) As
funds become available the Agency must encumber funds for each site in the
order of priority in an amount equal to the total of the approved budget for
which deferral was sought. The Agency must then notify owners or operators
that sufficient funds have been allocated for the owner or operator's site.
After such notification the owner or operator must commence site investigation
or corrective action activities.
7) Authorization
of payment of encumbered funds for deferred site investigation or corrective
action activities must be approved in accordance with the requirements of
Subpart F of this Part.
b) An
owner or operator who elects to defer site investigation or corrective action
activities under subsection (a) of this Section must submit a report certified
by a Licensed Professional Engineer or Licensed Professional Geologist
demonstrating the following:
1) The
Agency has approved the owner's or operator's site investigation budget or
corrective action budget;
2) The
owner or operator has been determined eligible to seek payment from the Fund;
3) The early action
requirements of Subpart B of this Part have been met;
4) Groundwater
contamination does not exceed the Tier 1 groundwater ingestion exposure route
remediation objectives of 35 Ill. Adm. Code 742 for the applicable indicator
contaminants as a result of the release, modeling in accordance with 35 Ill.
Adm. Code 742 shows that groundwater contamination will not exceed such Tier 1
remediation objectives as a result of the release, and no potable water supply
wells are impacted as a result of the release; and
5) Soil
contamination exceeding the Tier 1 groundwater ingestion exposure route
remediation objectives of 35 Ill. Adm. Code 742 for the applicable indicator
contaminants does not extend beyond the site's property boundary and is not
located within a regulated recharge area, a wellhead protection area, or the
setback zone of a potable water supply well. Documentation to demonstrate that
this subsection (b)(5) is satisfied must include, but not be limited to, the
results of a water supply well survey conducted in accordance with Section
734.445 of this Part.
c) An
owner or operator may, at any time, withdraw the election to defer site
investigation or corrective action activities. The Agency must be notified in
writing of the withdrawal. Upon such withdrawal, the owner or operator must
proceed with site investigation or corrective action, as applicable, in
accordance with the requirements of this Part.
SUBPART E: REVIEW OF PLANS, BUDGETS, AND REPORTS
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE G: WASTE DISPOSAL
CHAPTER I: POLLUTION CONTROL BOARD
SUBCHAPTER d: UNDERGROUND INJECTION CONTROL AND UNDERGROUND STORAGE TANK PROGRAMS
PART 734
PETROLEUM UNDERGROUND STORAGE TANKS
SECTION 734.500 GENERAL
Section 734.500 General
The Agency has the authority to review any plan, budget, or
report, including any amended plan, budget, or report, submitted pursuant to
this Part. All such reviews are subject to the procedures set forth in the Act
and this Subpart E.
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE G: WASTE DISPOSAL
CHAPTER I: POLLUTION CONTROL BOARD
SUBCHAPTER d: UNDERGROUND INJECTION CONTROL AND UNDERGROUND STORAGE TANK PROGRAMS
PART 734
PETROLEUM UNDERGROUND STORAGE TANKS
SECTION 734.505 REVIEW OF PLANS, BUDGETS, OR REPORTS
Section 734.505 Review of Plans, Budgets, or Reports
a) The
Agency may review any or all technical or financial information, or both,
relied upon by the owner or operator or the Licensed Professional Engineer or
Licensed Professional Geologist in developing any plan, budget, or report
selected for review. The Agency may also review any other plans, budgets, or
reports submitted in conjunction with the site.
b) The
Agency has the authority to approve, reject, or require modification of any
plan, budget, or report it reviews. The Agency must notify the owner or
operator in writing of its final action on any such plan, budget, or report,
except in the case of 20 day, 45 day, or free product removal reports, in which
case no notification is necessary. Except as provided in subsections (c) and
(d) of this Section, if the Agency fails to notify the owner or operator of its
final action on a plan, budget, or report within 120 days after the receipt of
a plan, budget, or report, the owner or operator may deem the plan, budget, or
report rejected by operation of law. If the Agency rejects a plan, budget, or
report or requires modifications, the written notification must contain the
following information, as applicable:
1) An
explanation of the specific type of information, if any, that the Agency needs
to complete its review;
2) An
explanation of the Sections of the Act or regulations that may be violated if
the plan, budget, or report is approved; and
3) A
statement of specific reasons why the cited Sections of the Act or regulations
may be violated if the plan, budget, or report is approved.
c) For
corrective action plans submitted by owners or operators not seeking payment
from the Fund, the Agency may delay final action on such plans until 120 days
after it receives the corrective action completion report required pursuant to
Section 734.345 of this Part.
d) An
owner or operator may waive the right to a final decision within 120 days after
the submittal of a complete plan, budget, or report by submitting written
notice to the Agency prior to the applicable deadline. Any waiver must be for
a minimum of 60 days.
e) The
Agency must mail notices of final action on plans, budgets, or reports by
registered or certified mail, post marked with a date stamp and with return
receipt requested. Final action must be deemed to have taken place on the post
marked date that such notice is mailed.
f) Any
action by the Agency to reject or require modifications, or rejection by
failure to act, of a plan, budget, or report must be subject to appeal to the
Board within 35 days after the Agency's final action in the manner provided for
the review of permit decisions in Section 40 of the Act.
g) In
accordance with Section 734.450 of this Part, upon the approval of any budget
by the Agency, the Agency must include as part of the final notice to the owner
or operator a notice of insufficient funds if the Fund does not contain
sufficient funds to provide payment of the total costs approved in the budget.
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE G: WASTE DISPOSAL
CHAPTER I: POLLUTION CONTROL BOARD
SUBCHAPTER d: UNDERGROUND INJECTION CONTROL AND UNDERGROUND STORAGE TANK PROGRAMS
PART 734
PETROLEUM UNDERGROUND STORAGE TANKS
SECTION 734.510 STANDARDS FOR REVIEW OF PLANS, BUDGETS, OR REPORTS
Section 734.510 Standards for Review of Plans, Budgets,
or Reports
a) A
technical review must consist of a detailed review of the steps proposed or
completed to accomplish the goals of the plan and to achieve compliance with
the Act and regulations. Items to be reviewed, if applicable, must include,
but not be limited to, number and placement of wells and borings, number and
types of samples and analysis, results of sample analysis, and protocols to be
followed in making determinations. The overall goal of the technical review
for plans must be to determine if the plan is sufficient to satisfy the
requirements of the Act and regulations and has been prepared in accordance
with generally accepted engineering practices or principles of professional
geology. The overall goal of the technical review for reports must be to
determine if the plan has been fully implemented in accordance with generally
accepted engineering practices or principles of professional geology, if the
conclusions are consistent with the information obtained while implementing the
plan, and if the requirements of the Act and regulations have been satisfied.
b) A
financial review must consist of a detailed review of the costs associated with
each element necessary to accomplish the goals of the plan as required pursuant
to the Act and regulations. Items to be reviewed must include, but are not
limited to, costs associated with any materials, activities, or services that
are included in the budget. The overall goal of the financial review must be
to assure that costs associated with materials, activities, and services must
be reasonable, must be consistent with the associated technical plan, must be
incurred in the performance of corrective action activities, must not be used
for corrective action activities in excess of those necessary to meet the
minimum requirements of the Act and regulations, and must not exceed the
maximum payment amounts set forth in Subpart H of this Part.
SUBPART F: PAYMENT FROM THE FUND
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE G: WASTE DISPOSAL
CHAPTER I: POLLUTION CONTROL BOARD
SUBCHAPTER d: UNDERGROUND INJECTION CONTROL AND UNDERGROUND STORAGE TANK PROGRAMS
PART 734
PETROLEUM UNDERGROUND STORAGE TANKS
SECTION 734.600 GENERAL
Section 734.600 General
The Agency has the authority to review any application for
payment or reimbursement and to authorize payment or reimbursement from the
Fund or such other funds as the legislature directs for corrective action
activities conducted pursuant to the Act and this Part. For purposes of this
Part and unless otherwise provided, the use of the word "payment" must
include reimbursement. The submittal and review of applications for payment
and the authorization for payment must be in accordance with the procedures set
forth in the Act and this Subpart F.
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE G: WASTE DISPOSAL
CHAPTER I: POLLUTION CONTROL BOARD
SUBCHAPTER d: UNDERGROUND INJECTION CONTROL AND UNDERGROUND STORAGE TANK PROGRAMS
PART 734
PETROLEUM UNDERGROUND STORAGE TANKS
SECTION 734.605 APPLICATIONS FOR PAYMENT
Section 734.605 Applications for Payment
a) An
owner or operator seeking payment from the Fund must submit to the Agency an
application for payment on forms prescribed and provided by the Agency and, if
specified by the Agency by written notice, in an electronic format. The owner
or operator may submit an application for partial payment or final payment.
Costs for which payment is sought must be approved in a budget, provided,
however, that no budget must be required for early action activities conducted
pursuant to Subpart B of this Part other than free product removal activities
conducted more than 45 days after confirmation of the presence of free product.
b) A complete application
for payment must consist of the following elements:
1) A
certification from a Licensed Professional Engineer or a Licensed Professional
Geologist acknowledged by the owner or operator that the work performed has
been in accordance with a technical plan approved by the Agency or, for early
action activities, in accordance with Subpart B of this Part;
2) A
statement of the amounts approved in the corresponding budget and the amounts
actually sought for payment along with a certified statement by the owner or
operator that the amounts so sought have been expended in conformance with the
elements of a budget approved by the Agency;
3) A
copy of the OSFM or Agency eligibility and deductibility determination;
4) Proof
that approval of the payment requested will not exceed the limitations set
forth in the Act and Section 734.620 of this Part;
5) A
federal taxpayer identification number and legal status disclosure
certification;
6) Private insurance
coverage form(s);
7) A minority/women's
business form;
8) Designation
of the address to which payment and notice of final action on the application
for payment are to be sent;
9) An
accounting of all costs, including but not limited to, invoices, receipts, and
supporting documentation showing the dates and descriptions of the work
performed; and
10) Proof
of payment of subcontractor costs for which handling charges are requested.
Proof of payment may include cancelled checks, lien waivers, or affidavits from
the subcontractor.
c) The
address designated on the application for payment may be changed only by
subsequent notification to the Agency, on a form provided by the Agency, of a
change in address.
d) Applications
for payment and change of address forms must be mailed or delivered to the
address designated by the Agency. The Agency's record of the date of receipt must
be deemed conclusive unless a contrary date is proven by a dated, signed
receipt from certified or registered mail.
e) Applications
for partial or final payment may be submitted no more frequently than once
every 90 days.
f) Except
for applications for payment for costs of early action conducted pursuant to
Subpart B of this Part, other than costs associated with free product removal
activities conducted more than 45 days after confirmation of the presence of
free product, in no case must the Agency review an application for payment
unless there is an approved budget on file corresponding to the application for
payment.
g) In
no case must the Agency authorize payment to an owner or operator in amounts
greater than the amounts approved by the Agency in a corresponding budget.
Revised cost estimates or increased costs resulting from revised procedures
must be submitted to the Agency for review in accordance with Subpart E of this
Part using amended budgets plans as required under this Part.
h) Applications
for payment of costs associated with a Stage 1, Stage 2, or Stage 3 site
investigation may not be submitted prior to the approval or modification of a
site investigation plan for the next stage of the site investigation or the
site investigation completion report, whichever is applicable.
i) Applications
for payment of costs associated with site investigation or corrective action
that was deferred pursuant to Section 734.450 of this Part may not be submitted
prior to approval or modification of the corresponding site investigation plan,
site investigation completion report, or corrective action completion report.
j) All
applications for payment of corrective action costs must be submitted no later
than one year after the date the Agency issues a No Further Remediation Letter
pursuant to Subpart G of this Part. For releases for which the Agency issued a
No Further Remediation Letter prior to March 1, 2006, all applications for
payment must be submitted no later than March 1, 2007.
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE G: WASTE DISPOSAL
CHAPTER I: POLLUTION CONTROL BOARD
SUBCHAPTER d: UNDERGROUND INJECTION CONTROL AND UNDERGROUND STORAGE TANK PROGRAMS
PART 734
PETROLEUM UNDERGROUND STORAGE TANKS
SECTION 734.610 REVIEW OF APPLICATIONS FOR PAYMENT
Section 734.610 Review of Applications for Payment
a) At a
minimum, the Agency must review each application for payment submitted pursuant
to this Part to determine the following:
1) Whether
the application contains all of the elements and supporting documentation
required by Section 734.605(b) of this Part;
2) For
costs incurred pursuant to Subpart B of this Part, other than free product
removal activities conducted more than 45 days after confirmation of the
presence of free product, whether the amounts sought are reasonable, and
whether there is sufficient documentation to demonstrate that the work was
completed in accordance with the requirements of this Part;
3) For
costs incurred pursuant to Subpart C of this Part and free product removal
activities conducted more than 45 days after confirmation of the presence of
free product, whether the amounts sought exceed the amounts approved in the
corresponding budget, and whether there is sufficient documentation to
demonstrate that the work was completed in accordance with the requirements of
this Part and a plan approved by the Agency; and
4) Whether the amounts
sought are eligible for payment.
b) When
conducting a review of any application for payment, the Agency may require the
owner or operator to submit a full accounting supporting all claims as provided
in subsection (c) of this Section.
c) The
Agency's review may include a review of any or all elements and supporting
documentation relied upon by the owner or operator in developing the
application for payment, including but not limited to a review of invoices or
receipts supporting all claims. The review also may include the review of any
plans, budgets, or reports previously submitted for the site to ensure that the
application for payment is consistent with work proposed and actually performed
in conjunction with the site.
d) Following
a review, the Agency has the authority to approve, deny or require modification
of applications for payment or portions thereof. The Agency must notify the
owner or operator in writing of its final action on any such application for
payment. Except as provided in subsection (e) of this Section, if the Agency
fails to notify the owner or operator of its final action on an application for
payment within 120 days after the receipt of a complete application for
payment, the owner or operator may deem the application for payment approved by
operation of law. If the Agency denies payment for an application for payment
or for a portion thereof or requires modification, the written notification
must contain the following information, as applicable:
1) An
explanation of the specific type of information, if any, that the Agency needs
to complete the review;
2) An
explanation of the Sections of the Act or regulations that may be violated if
the application for payment is approved; and
3) A
statement of specific reasons why the cited Sections of the Act or regulations
may be violated if the application for payment is approved.
e) An
owner or operator may waive the right to a final decision within 120 days after
the submittal of a complete application for payment by submitting written
notice to the Agency prior to the applicable deadline. Any waiver must be for
a minimum of 30 days.
f) The
Agency must mail notices of final action on applications for payment by
registered or certified mail, post marked with a date stamp and with return
receipt requested. Final action must be deemed to have taken place on the post
marked date that such notice is mailed. The Agency must mail notices of final
action on applications for payment, and direct the Comptroller to mail payments
to the owner or operator, at the address designated for receipt of payment in
the application for payment or on a change of address form, provided by the
Agency, submitted subsequent to submittal of the application for payment.
g) Any
action by the Agency to deny payment for an application for payment or portion
thereof or to require modification must be subject to appeal to the Board
within 35 days after the Agency's final action in the manner provided for the
review of permit decisions in Section 40 of the Act.
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE G: WASTE DISPOSAL
CHAPTER I: POLLUTION CONTROL BOARD
SUBCHAPTER d: UNDERGROUND INJECTION CONTROL AND UNDERGROUND STORAGE TANK PROGRAMS
PART 734
PETROLEUM UNDERGROUND STORAGE TANKS
SECTION 734.615 AUTHORIZATION FOR PAYMENT; PRIORITY LIST
Section 734.615 Authorization for Payment; Priority List
a) Within
60 days after notification to an owner or operator that the application for
payment or a portion thereof has been approved by the Agency or by operation of
law, the Agency must forward to the Office of the State Comptroller in
accordance with subsection (d) or (e) of this Section a voucher in the amount
approved. If the owner or operator has filed an appeal with the Board of the
Agency's final decision on an application for payment, the Agency must have 60
days after the final resolution of the appeal to forward to the Office of the
State Comptroller a voucher in the amount ordered as a result of the appeal.
Notwithstanding the time limits imposed by this Section, the Agency must not
forward vouchers to the Office of the State Comptroller until sufficient funds
are available to issue payment.
b) The following rules must
apply regarding deductibles:
1) Any
deductible, as determined by the OSFM or the Agency, must be subtracted from
any amount approved for payment by the Agency or by operation of law, or
ordered by the Board or courts;
2) Only one deductible
must apply per occurrence;
3) If
multiple incident numbers are issued for a single site in the same calendar
year, only one deductible must apply for those incidents, even if the incidents
relate to more than one occurrence; and
4) Where
more than one deductible determination is made, the higher deductible must
apply.
c) The
Agency must instruct the Office of the State Comptroller to issue payment to
the owner or operator at the address designated in accordance with Section
734.605(b)(8) or (c) of this Part. In no case must the Agency authorize the
Office of the State Comptroller to issue payment to an agent, designee, or entity
that has conducted corrective action activities for the owner or operator.
d) For
owners or operators who have deferred site classification or corrective action
in accordance with Section 734.450 of this Part, payment must be authorized
from funds encumbered pursuant to Section 734.450(a)(6) of this Part upon
approval of the application for payment by the Agency or by operation of law.
e) For
owners or operators not electing to defer site investigation or corrective
action in accordance with Section 734.450 of this Part, the Agency must form a
priority list for payment for the issuance of vouchers pursuant to subsection
(a) of this Section.
1) All
such applications for payment must be assigned a date that is the date upon
which the complete application for partial or final payment was received by the
Agency. This date must determine the owner's or operator's priority for
payment in accordance with subsection (e)(2) of this Section, with the earliest
dates receiving the highest priority.
2) Once payment
is approved by the Agency or by operation of law or ordered by the Board or
courts, the application for payment must be assigned priority in accordance
with subsection (e)(1) of this Section. The assigned date must be the only
factor determining the priority for payment for those applications approved for
payment.
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE G: WASTE DISPOSAL
CHAPTER I: POLLUTION CONTROL BOARD
SUBCHAPTER d: UNDERGROUND INJECTION CONTROL AND UNDERGROUND STORAGE TANK PROGRAMS
PART 734
PETROLEUM UNDERGROUND STORAGE TANKS
SECTION 734.620 LIMITATIONS ON TOTAL PAYMENTS
Section 734.620 Limitations on Total Payments
a) Limitations per
occurrence:
1) The
Agency shall not approve any payment from the Fund to pay an owner or operator
for costs of corrective action incurred by such owner or operator in an amount
in excess of $1,500,000 per occurrence [415 ILCS 5/57.8(g)(1)]; and
2) The
Agency shall not approve any payment from the Fund to pay an owner or operator
for costs of indemnification of such owner or operator in an amount in excess
of $1,500,000 per occurrence [415 ILCS 5/57.8(g)(2)].
b) Aggregate limitations:
1) Notwithstanding
any other provision of this Part, the Agency shall not approve payment
to an owner or operator from the Fund for costs of corrective action or
indemnification incurred during a calendar year in excess of the following
amounts based on the number of petroleum underground storage tanks owned or
operated by such owner or operator in Illinois:
A) For calendar years prior
to 2002:
|
Amount
|
Number of Tanks
|
|
|
|
|
$1,000,000
|
fewer than 101
|
|
$2,000,000
|
101 or more
|
B) For
calendar years 2002 and later:
|
Amount
|
Number of Tanks
|
|
|
|
|
$2,000,000
|
fewer than 101
|
|
$3,000,000
|
101 or more
|
[415 ILCS
5/57.8(d)]
2) Costs
incurred in excess of the aggregate amounts set forth in subsection (b)(1)
of this Section shall not be eligible for payment in subsequent years.
[415 ILCS 5/57.8(d)(1)]
c) For
purposes of subsection (b) of this Section, requests submitted by any of
the agencies, departments, boards, committees or commissions of the State of Illinois shall be acted upon as claims from a single owner or operator. [415 ILCS
5/57.8(d)(2)]
d) For purposes of
subsection (b) of this Section, owner or operator includes;
1) any
subsidiary, parent, or joint stock company of the owner or operator; and
2) any
company owned by any parent, subsidiary, or joint stock company of the owner or
operator. [415 ILCS 5/57.8(d)(3)]
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE G: WASTE DISPOSAL
CHAPTER I: POLLUTION CONTROL BOARD
SUBCHAPTER d: UNDERGROUND INJECTION CONTROL AND UNDERGROUND STORAGE TANK PROGRAMS
PART 734
PETROLEUM UNDERGROUND STORAGE TANKS
SECTION 734.625 ELIGIBLE CORRECTIVE ACTION COSTS
Section 734.625 Eligible Corrective Action Costs
a) Types
of costs that may be eligible for payment from the Fund include those for
corrective action activities and for materials or services provided or
performed in conjunction with corrective action activities. Such activities
and services may include, but are not limited to, reasonable costs for:
1) Early action activities
conducted pursuant to Subpart B of this Part;
2) Engineer or geologist
oversight services;
3) Remedial investigation
and design;
4) Laboratory
services necessary to determine site investigation and whether the established
remediation objectives have been met;
5) The
installation and operation of groundwater investigation and groundwater
monitoring wells;
6) The
removal, treatment, transportation, and disposal of soil contaminated by
petroleum at levels in excess of the established remediation objectives;
7) The
removal, treatment, transportation, and disposal of water contaminated by
petroleum at levels in excess of the established remediation objectives;
8) The
placement of clean backfill to grade to replace excavated soil contaminated by
petroleum at levels in excess of the established remediation objectives;
9) Groundwater corrective
action systems;
10) Alternative
technology, including but not limited to feasibility studies approved by the
Agency;
11) Recovery
of free product exceeding one-eighth of an inch in depth as measured in a
groundwater monitoring well, or present as a sheen on groundwater in the tank
removal excavation or on surface water;
12) The
removal and disposal of any UST if a release of petroleum from the UST was
identified and IEMA was notified prior to its removal, with the exception of
any UST deemed ineligible by the OSFM;
13) Costs
incurred as a result of a release of petroleum because of vandalism, theft, or
fraudulent activity by a party other than an owner or operator or agent of an
owner or operator;
14) Engineer
or geologist costs associated with seeking payment from the Fund, including but
not limited to completion of an application for partial or final payment;
15) Costs
associated with obtaining an Eligibility and Deductibility Determination from
the OSFM or the Agency;
16) Costs
for destruction and replacement of concrete, asphalt, or paving to the extent
necessary to conduct corrective action if the concrete, asphalt, or paving was
installed prior to the initiation of corrective action activities, the
destruction and replacement has been certified as necessary to the performance
of corrective action by a Licensed Professional Engineer, and the destruction
and replacement and its costs are approved by the Agency in writing prior to
the destruction and replacement. The destruction and replacement of concrete,
asphalt, and paving must not be paid more than once. Costs associated with the
replacement of concrete, asphalt, or paving must not be paid in excess of the
cost to install, in the same area and to the same depth, the same material that
was destroyed (e.g., replacing four inches of concrete with four inches of
concrete);
17) The
destruction or dismantling and reassembly of above grade structures in response
to a release of petroleum if such activity has been certified as necessary to
the performance of corrective action by a Licensed Professional Engineer and
such activity and its costs are approved by the Agency in writing prior to the
destruction or dismantling and re-assembly. Such costs must not be paid in
excess of a total of $10,000 per occurrence. For purposes of this subsection
(a)(17), destruction, dismantling, or reassembly of above grade structures does
not include costs associated with replacement of pumps, pump islands,
buildings, wiring, lighting, bumpers, posts, or canopies;
18) Preparation
of reports submitted pursuant to Section 734.210(h)(3) of this Part, free
product removal plans and associated budgets, free product removal reports,
site investigation plans and associated budgets, site investigation completion
reports, corrective action plans and associated budgets, and corrective action
completion reports;
19) Costs
associated with the removal or abandonment of a potable water supply well, and
replacement of the well or connection to a public water supply, whichever is
less, if a Licensed Professional Engineer or Licensed Professional Geologist
certifies that such activity is necessary to the performance of corrective
action and that the property served by the well cannot receive an adequate
supply of potable water from an existing source other than the removed or
abandoned well, and the Agency approves such activity in writing. If the well
being removed or abandoned is a public water supply well, the Licensed
Professional Engineer or Licensed Professional Geologist is required to certify
only that the removal or abandonment of the well is necessary to the
performance of corrective action; and
20) Costs
associated with the repair or replacement of potable water supply lines damaged
to the point of requiring repair or replacement as a direct result of the
release, if such activity is certified by a Licensed Professional Engineer or
Licensed Professional Geologist as necessary for the protection of the potable
water supply and approved by the Agency in writing.
b) An
owner or operator may submit a budget or application for partial or final
payment that includes an itemized accounting of costs associated with
activities, materials, or services not identified in subsection (a) of this
Section if the owner or operator submits detailed information demonstrating
that the activities, materials, or services not identified in subsection (a) of
this Section are essential to the completion of the minimum corrective action
requirements of the Act and this Part.
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE G: WASTE DISPOSAL
CHAPTER I: POLLUTION CONTROL BOARD
SUBCHAPTER d: UNDERGROUND INJECTION CONTROL AND UNDERGROUND STORAGE TANK PROGRAMS
PART 734
PETROLEUM UNDERGROUND STORAGE TANKS
SECTION 734.630 INELIGIBLE CORRECTIVE ACTION COSTS
Section 734.630 Ineligible Corrective Action Costs
Costs ineligible for payment from the Fund include, but are
not limited to:
a) Costs
for the removal, treatment, transportation, and disposal of more than four feet
of fill material from the outside dimensions of the UST, as set forth in
Appendix C of this Part, during early action activities conducted pursuant to
Section 734.210(f) of this Part, and costs for the replacement of contaminated
fill materials with clean fill materials in excess of the amounts set forth in
Appendix C of this Part during early action activities conducted pursuant to
Section 734.210(f) of this Part;
b) Costs or losses
resulting from business interruption;
c) Costs
incurred as a result of vandalism, theft, or fraudulent activity by the owner
or operator or agent of an owner or operator, including the creation of spills,
leaks, or releases;
d) Costs
associated with the replacement of above grade structures such as pumps, pump
islands, buildings, wiring, lighting, bumpers, posts, or canopies, including
but not limited, to those structures destroyed or damaged during corrective
action activities;
e) Costs
of corrective action incurred by an owner or operator prior to July
28, 1989 [415 ILCS 5/57.8(j)];
f) Costs associated with
the procurement of a generator identification number;
g) Legal
fees or costs, including but not limited to legal fees or costs for seeking
payment under this Part unless the owner or operator prevails before the Board
and the Board authorizes payment of such costs;
h) Purchase
costs of non-expendable materials, supplies, equipment, or tools, except that a
reasonable rate may be charged for the usage of such materials, supplies,
equipment, or tools;
i) Costs
associated with activities that violate any provision of the Act or Board,
OSFM, or Agency regulations;
j) Costs
associated with investigative action, preventive action, corrective action, or
enforcement action taken by the State of Illinois if the owner or operator
failed, without sufficient cause, to respond to a release or substantial threat
of a release upon, or in accordance with, a notice issued by the Agency
pursuant to Section 734.125 of this Part and Section 57.12 of the Act;
k) Costs
for removal, disposal, or abandonment of a UST if the tank was removed or
abandoned, or permitted for removal or abandonment, by the OSFM before the
owner or operator provided notice to IEMA of a release of petroleum;
l) Costs
associated with the installation of new USTs, the repair of existing USTs, and
removal and disposal of USTs determined to be ineligible by the OSFM;
m) Costs
exceeding those contained in a budget or amended budget approved by the Agency;
n) Costs
of corrective action incurred before providing notification of the release of
petroleum to IEMA in accordance with Section 734.210 of this Part;
o) Costs
for corrective action activities and associated materials or services exceeding
the minimum requirements necessary to comply with the Act;
p) Costs associated with
improperly installed sampling or monitoring wells;
q) Costs
associated with improperly collected, transported, or analyzed laboratory
samples;
r) Costs
associated with the analysis of laboratory samples not approved by the Agency;
s) Costs
for any corrective action activities, services, or materials unless accompanied
by a letter from OSFM or the Agency confirming eligibility and deductibility in
accordance with Section 57.9 of the Act;
t) Interest or finance
costs charged as direct costs;
u) Insurance costs charged
as direct costs;
v) Indirect
corrective action costs for personnel, materials, service, or equipment charged
as direct costs;
w) Costs associated with the
compaction and density testing of backfill material;
x) Costs
associated with sites that have not reported a release to IEMA or are not
required to report a release to IEMA;
y) Costs
related to activities, materials, or services not necessary to stop, minimize, eliminate,
or clean up a release of petroleum or its effects in accordance with the
minimum requirements of the Act and regulations;
z) Costs of alternative
technology that exceed the costs of conventional technology;
aa) Costs
for activities and related services or materials that are unnecessary,
inconsistent with generally accepted engineering practices or principles of
professional geology, or unreasonable costs for justifiable activities,
materials, or services;
bb) Costs requested that are
based on mathematical errors;
cc) Costs that lack
supporting documentation;
dd) Costs proposed as part of
a budget that are unreasonable;
ee) Costs incurred during
early action that are unreasonable;
ff) Costs
incurred on or after the date the owner or operator enters the Site Remediation
Program under Title XVII of the Act and 35 Ill. Adm. Code 740 to address the
UST release;
gg) Costs
incurred after receipt of a No Further Remediation Letter for the occurrence
for which the No Further Remediation Letter was received. This subsection (gg)
does not apply to the following:
1) Costs
incurred for MTBE remediation pursuant to Section 734.405(i)(2) of this Part;
2) Monitoring well
abandonment costs;
3) County
recorder or registrar of titles fees for recording the No Further Remediation
Letter;
4) Costs associated with
seeking payment from the Fund;
5) Costs
associated with remediation to Tier 1 remediation objectives on-site if a court
of law voids or invalidates a No Further Remediation Letter and orders the
owner or operator to achieve Tier 1 remediation objectives in response to the
release; and
6) Costs
associated with activities conducted under Section 734.632 of this Part;
hh) Handling
charges for subcontractor costs that have been billed directly to the owner or
operator;
ii) Handling
charges for subcontractor costs when the contractor has not submitted proof of
payment of the subcontractor costs;
jj) Costs associated with
standby and demurrage;
kk) Costs
associated with a corrective action plan incurred after the Agency notifies the
owner or operator, pursuant to Section 734.355(b) of this Part, that a revised
corrective action plan is required, provided, however, that costs associated
with any subsequently approved corrective action plan will be eligible for
payment if they meet the requirements of this Part;
ll) Costs
incurred prior to the effective date of an owner's or operator's election to
proceed in accordance with this Part, unless such costs were incurred for
activities approved as corrective action under this Part;
mm) Costs
associated with the preparation of free product removal reports not submitted
in accordance with the schedule established in Section 734.215(a)(5) of this
Part;
nn) Costs
submitted more than one year after the date the Agency issues a No Further
Remediation Letter pursuant to Subpart G of this Part. This subsection (nn)
does not apply to costs associated with activities conducted under Section
734.632 of this Part;
oo) Costs
for the destruction and replacement of concrete, asphalt, or paving, except as
otherwise provided in Section 734.625(a)(16) of this Part;
pp) Costs
incurred as a result of the destruction of, or damage to, any equipment,
fixtures, structures, utilities, or other items during corrective action
activities, except as otherwise provided in Sections 734.625(a)(16) or (17) of
this Part;
qq) Costs associated with
oversight by an owner or operator;
rr) Handling
charges charged by persons other than the owner's or operator's primary contractor;
ss) Costs
associated with the installation of concrete, asphalt, or paving as an
engineered barrier to the extent they exceed the cost of installing an
engineered barrier constructed of asphalt four inches in depth. This
subsection does not apply if the concrete, asphalt, or paving being used as an
engineered barrier was replaced pursuant to Section 734.625(a)(16) of this
Part;
tt) The
treatment or disposal of soil that does not exceed the applicable remediation
objectives for the release, unless approved by the Agency in writing prior to
the treatment or disposal;
uu) Costs
associated with the removal or abandonment of a potable water supply well, or
the replacement of such a well or connection to a public water supply, except
as otherwise provided in Section 734.625(a)(19) of this Part;
vv) Costs
associated with the repair or replacement of potable water supply lines, except
as otherwise provided in Section 734.625(a)(20) of this Part;
ww) Costs
associated with the replacement of underground structures or utilities,
including but not limited to septic tanks, utility vaults, sewer lines,
electrical lines, telephone lines, cable lines, or water supply lines, except
as otherwise provided in Sections 734.625(a)(19) or (20) of this Part;
xx) (Reserved)
yy) Costs
associated with the maintenance, repair, or replacement of leased or
subcontracted equipment, other than costs associated with routine maintenance
that are approved in a budget;
zz) Costs
that exceed the maximum payment amounts set forth in Subpart H of this Part;
aaa) Costs
associated with on-site corrective action to achieve remediation objectives
that are more stringent than the Tier 2 remediation objectives developed in
accordance with 35 Ill. Adm. Code 742. This subsection (aaa) does not apply if
Karst geology prevents the development of Tier 2 remediation objectives for
on-site remediation, or if a court of law voids or invalidates a No Further
Remediation Letter and orders the owner or operator to achieve Tier 1
remediation objectives on-site in response to the release;
bbb) Costs
associated with groundwater remediation if a groundwater ordinance already
approved by the Agency for use as an institutional control in accordance with
35 Ill. Adm. Code 742 can be used as an institutional control for the release
being remediated;
ccc) Costs
associated with on-site corrective action to achieve Tier 2 remediation
objectives that are more stringent than Tier 1 remediation objectives;
ddd) Costs
associated with corrective action to achieve remediation objectives other than
industrial/commercial property remediation objectives, unless
the owner or operator demonstrates that the property being remediated is
residential property or is being developed into residential property. This
subsection (ddd) does not prohibit the payment of costs associated with
remediation approved by the Agency pursuant to Section 734.360(c) or (d) of
this Part to remediate or prevent groundwater contamination at off-site
property;
eee) Costs
associated with groundwater remediation if a groundwater ordinance must be used
as an institutional control under Section 734.360(c) of this Part. This
subsection (eee) does not prohibit the payment of costs associated with remediation
approved by the Agency pursuant to Section 734.360(c) to remediate or prevent
groundwater contamination at off-site property;
fff) Costs
associated with on-site groundwater remediation if an institutional control is
required to address on-site groundwater remediation under Section 734.360(d) of
this Part. This subsection (fff) does not prohibit the payment of costs
associated with remediation approved by the Agency pursuant to Section
734.360(d) to remediate or prevent groundwater contamination at off-site
property.
(Source: Amended at 36 Ill.
Reg. 4898, effective March 19, 2012)
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE G: WASTE DISPOSAL
CHAPTER I: POLLUTION CONTROL BOARD
SUBCHAPTER d: UNDERGROUND INJECTION CONTROL AND UNDERGROUND STORAGE TANK PROGRAMS
PART 734
PETROLEUM UNDERGROUND STORAGE TANKS
SECTION 734.632 ELIGIBLE CORRECTIVE ACTION COSTS INCURRED AFTER NFR LETTER
Section 734.632 Eligible Corrective Action Costs
Incurred After NFR Letter
Notwithstanding Section 734.630(gg) and (nn) of this Part, the
following shall be considered corrective action activities eligible for
payment from the Fund even when an owner or operator conducts these activities
after the issuance of a No Further Remediation Letter. Corrective action
conducted under this Section and costs incurred under this Section must comply
with the requirements of Title XVI of the Act and this Part, including, but
not limited to, requirements for the submission and Agency approval of
corrective action plans and budgets, corrective action completion reports, and
applications for payment, provided that no plan, budget, or report is required
for activities conducted pursuant to subsection (d) or (e) of this Section.
a) Corrective
action to achieve residential property remediation objectives if the owner or
operator demonstrates that property remediated to industrial/commercial
property remediation objectives pursuant to Section 57.7(c)(3)(A)(ii) of the
Act and Section 734.360(b) of this Part is being developed into
residential property.
b) Corrective
action to address groundwater contamination if the owner or operator
demonstrates that such action is necessary because a groundwater ordinance used
as an institutional control pursuant to Section 57.7(c)(3)(A)(iii) of the
Act and Section 734.360(c) of this Part can no longer be used as an
institutional control.
c) Corrective
action to address groundwater contamination if the owner or operator
demonstrates that such action is necessary because an on-site groundwater use
restriction used as an institutional control pursuant to Section 57.7(c)(3)(A)(iv)
of the Act and Section 734.360(d) of this Part must be lifted in
order to allow the installation of a potable water supply well due to public
water supply service no longer being available for reasons other than an act or
omission of the owner or operator.
d) The disposal of soil
that does not exceed industrial/commercial property remediation objectives, but
that does exceed Tier 1 residential property remediation objectives, if
industrial/commercial property remediation objectives were used pursuant to
Section 57.7(c)(3)(A)(ii) of the Act and Section 734.360(b) of this Part and the owner or operator
demonstrates that the contamination is the result of the release for which the
owner or operator is eligible to seek payment from the Fund and disposal of the
soil is necessary as a result of construction activities conducted after the
issuance of a No Further Remediation Letter on the site where the release
occurred, including,
but not limited to, the following: tank, line, or canopy repair, replacement,
or removal; building upgrades; sign installation; and water or sewer line
replacement.
Costs eligible for payment under this subsection (d) are the costs to transport
the soil to a properly permitted disposal site and disposal site fees, and may
include, but are not limited to, costs for: disposal site waste
characterization sampling; disposal site authorization, scheduling, and
coordination; field oversight; disposal fees; and preparation of applications
for payment.
e) The disposal of water
exceeding groundwater remediation objectives that is removed from an excavation
on the site where the release occurred if a groundwater ordinance is used as an
institutional control pursuant to Section 57.7(c)(3)(A)(iii) of the Act and Section 734.360(c) of this
Part, or if an
on-site groundwater use restriction is used as an institutional control
pursuant to Section 57.7(c)(3)(A)(iv) of
the Act and Section
734.360(d) of this Part
and the owner or operator demonstrates that the excavation is located within
the measured or modeled extent of groundwater contamination resulting from the
release for which the owner or operator is eligible to seek payment from the
Fund and disposal of the groundwater is necessary as a result of construction
activities conducted after the issuance of a No Further Remediation Letter on
the site where the release occurred, including, but not limited to, the
following: tank, line, or canopy repair, replacement, or removal; building
upgrades; sign installation; and water or sewer line replacement. [415 ILCS 5/57.19].
f) Consulting fees for
corrective action conducted pursuant to subsections (a), (b), and (c) of this
Section. Consulting fees shall be subject to Subpart H of this Part.
(Source: Added at 36 Ill.
Reg. 4898, effective March 19, 2012)
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE G: WASTE DISPOSAL
CHAPTER I: POLLUTION CONTROL BOARD
SUBCHAPTER d: UNDERGROUND INJECTION CONTROL AND UNDERGROUND STORAGE TANK PROGRAMS
PART 734
PETROLEUM UNDERGROUND STORAGE TANKS
SECTION 734.635 PAYMENT FOR HANDLING CHARGES
Section 734.635 Payment for Handling Charges
Handling charges are eligible for payment only if they are
equal to or less than the amount determined by the following table:
|
Subcontract or Field
|
Eligible Handling Charges
|
|
Purchase Cost:
|
as a Percentage of Cost:
|
|
|
|
|
$0 −
$5,000.........................................................12%
|
|
$5,001 −
$15,000................................................$600 + 10% of amt.
over $5,000
|
|
$15,001 −
$50,000..............................................$1,600 + 8% of amt. over
$15,000
|
|
$50,001 −
$100,000............................................$4,400 + 5% of amt. over
$50,000
|
|
$100,001 −
$1,000,000.......................................$6,900 + 2% of amt. over
$100,000
|
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE G: WASTE DISPOSAL
CHAPTER I: POLLUTION CONTROL BOARD
SUBCHAPTER d: UNDERGROUND INJECTION CONTROL AND UNDERGROUND STORAGE TANK PROGRAMS
PART 734
PETROLEUM UNDERGROUND STORAGE TANKS
SECTION 734.640 APPORTIONMENT OF COSTS
Section 734.640 Apportionment of Costs
a) The Agency may apportion
payment of costs if:
1) The
owner or operator was deemed eligible to access the Fund for payment of
corrective action costs for some, but not all, of the underground storage tanks
at the site; and
2) The
owner or operator failed to justify all costs attributable to each underground
storage tank at the site. [415 ILCS 5/57.8(m)]
b) The
Agency will determine, based on volume or number of tanks, which method of
apportionment will be most favorable to the owner or operator. The Agency will
notify the owner or operator of such determination in writing.
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE G: WASTE DISPOSAL
CHAPTER I: POLLUTION CONTROL BOARD
SUBCHAPTER d: UNDERGROUND INJECTION CONTROL AND UNDERGROUND STORAGE TANK PROGRAMS
PART 734
PETROLEUM UNDERGROUND STORAGE TANKS
SECTION 734.645 SUBROGATION OF RIGHTS
Section 734.645 Subrogation of Rights
Payment of any amount from the fund for corrective action
or indemnification shall be subject to the State acquiring by subrogation the
rights of any owner, operator, or other person to recover the costs of
corrective action or indemnification for which the fund has compensated such
owner, operator, or person from the person responsible or liable for the
release [415 ILCS 5/57.8(h)].
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE G: WASTE DISPOSAL
CHAPTER I: POLLUTION CONTROL BOARD
SUBCHAPTER d: UNDERGROUND INJECTION CONTROL AND UNDERGROUND STORAGE TANK PROGRAMS
PART 734
PETROLEUM UNDERGROUND STORAGE TANKS
SECTION 734.650 INDEMNIFICATION
Section 734.650 Indemnification
a) An
owner or operator seeking indemnification from the Fund for payment of costs
incurred as a result of a release of petroleum from an underground storage tank
must submit to the Agency a request for payment on forms prescribed and
provided by the Agency and, if specified by the Agency by written notice, in an
electronic format.
1) A
complete application for payment must contain the following:
A) A
certified statement by the owner or operator of the amount sought for payment;
B) Proof
of the legally enforceable judgment, final order, or determination against the
owner or operator, or the legally enforceable settlement entered into by the
owner or operator, for which indemnification is sought. The proof must
include, but not be limited to, the following:
i) A
copy of the judgment certified by the court clerk as a true and correct copy, a
copy of the final order or determination certified by the issuing agency of
State government or subdivision thereof as a true and correct copy, or a copy
of the settlement certified by the owner or operator as a true and correct
copy; and
ii) Documentation
demonstrating that the judgment, final order, determination, or settlement
arises out of bodily injury or property damage suffered as a result of a
release of petroleum from the UST for which the release was reported, and that
the UST is owned or operated by the owner or operator;
C) A copy
of the OSFM or Agency eligibility and deductibility determination;
D) Proof
that approval of the indemnification requested will not exceed the limitations
set forth in the Act and Section 734.620 of this Part;
E) A
federal taxpayer identification number and legal status disclosure
certification;
F) A private insurance
coverage form; and
G) Designation
of the address to which payment and notice of final action on the request for
indemnification are to be sent to the owner or operator.
2) The
owner's or operator's address designated on the application for payment may be
changed only by subsequent notification to the Agency, on a form provided by
the Agency, of a change of address.
3) Applications
for payment must be mailed or delivered to the address designated by the
Agency. The Agency's record of the date of receipt must be deemed conclusive
unless a contrary date is proven by a dated, signed receipt from certified or
registered mail.
b) The
Agency must review applications for payment in accordance with this Subpart F.
In addition, the Agency must review each application for payment to determine
the following:
1) Whether
the application contains all of the information and supporting documentation
required by subsection (a) of this Section;
2) Whether
there is sufficient documentation of a legally enforceable judgment entered
against the owner or operator in a court of law, final order or determination
made against the owner or operator by an agency of State government or any
subdivision thereof, or settlement entered into by the owner or operator;
3) Whether
there is sufficient documentation that the judgment, final order,
determination, or settlement arises out of bodily injury or property damage
suffered as a result of a release of petroleum from an underground storage tank
owned or operated by the owner or operator; and
4) Whether the amounts
sought for indemnification are eligible for payment.
c) If
the application for payment of the costs of indemnification is deemed complete
and otherwise satisfies all applicable requirements of this Subpart F, the
Agency must forward the request for indemnification to the Office of the
Attorney General for review and approval in accordance with Section 57.8(c) of
the Act. The owner or operator's request for indemnification must not be
placed on the priority list for payment until the Agency has received the
written approval of the Attorney General. The approved application for payment
must then enter the priority list established at Section 734.615(e)(1) of this
Part based on the date the complete application was received by the Agency in
accordance with Section 57.8(c) of the Act.
d) Costs ineligible for
indemnification from the Fund include, but are not limited to:
1) Amounts
an owner or operator is not legally obligated to pay pursuant to a judgment
entered against the owner or operator in a court of law, a final order or
determination made against the owner or operator by an agency of State
government or any subdivision thereof, or any settlement entered into by the
owner or operator;
2) Amounts
of a judgment, final order, determination, or settlement that do not arise out
of bodily injury or property damage suffered as a result of a release of
petroleum from an underground storage tank owned or operated by the owner or
operator;
3) Amounts incurred prior
to July 28, 1989;
4) Amounts
incurred prior to notification of the release of petroleum to IEMA in
accordance with Section 734.210 of this Part;
5) Amounts
arising out of bodily injury or property damage suffered as a result of a
release of petroleum from an underground storage tank for which the owner or
operator is not eligible to access the Fund;
6) Legal
fees or costs, including but not limited to, legal fees or costs for seeking
payment under this Part, unless the owner or operator prevails before the Board
and the Board authorizes payment of such costs;
7) Amounts
associated with activities that violate any provision of the Act or Board,
OSFM, or Agency regulations;
8) Amounts
associated with investigative action, preventive action, corrective action, or
enforcement action taken by the State of Illinois if the owner or operator
failed, without sufficient cause, to respond to a release or substantial threat
of a release upon, or in accordance with, a notice issued by the Agency
pursuant to Section 734.125 of this Part and Section 57.12 of the Act;
9) Amounts
associated with a release that has not been reported to IEMA or is not required
to be reported to IEMA;
10) Amounts
incurred on or after the date the owner or operator enters the Site Remediation
Program under Title XVII of the Act and 35 Ill. Adm. Code 740 to address the
UST release; and
11) Amounts
incurred prior to the effective date of the owner's or operator's election to
proceed in accordance with this Part.
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE G: WASTE DISPOSAL
CHAPTER I: POLLUTION CONTROL BOARD
SUBCHAPTER d: UNDERGROUND INJECTION CONTROL AND UNDERGROUND STORAGE TANK PROGRAMS
PART 734
PETROLEUM UNDERGROUND STORAGE TANKS
SECTION 734.655 COSTS COVERED BY INSURANCE, AGREEMENT, OR COURT ORDER
Section 734.655 Costs Covered by Insurance, Agreement,
or Court Order
Costs of corrective action or indemnification incurred by
an owner or operator which have been paid to an owner or operator under a
policy of insurance, another written agreement, or a court order are not
eligible for payment from the Fund. An owner or operator who receives
payment under a policy of insurance, another written agreement, or a court
order shall reimburse the State to the extent such payment covers costs for
which payment was received from the Fund [415 ILCS 5/57.8(e)].
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE G: WASTE DISPOSAL
CHAPTER I: POLLUTION CONTROL BOARD
SUBCHAPTER d: UNDERGROUND INJECTION CONTROL AND UNDERGROUND STORAGE TANK PROGRAMS
PART 734
PETROLEUM UNDERGROUND STORAGE TANKS
SECTION 734.660 DETERMINATION AND COLLECTION OF EXCESS PAYMENTS
Section 734.660 Determination and Collection of Excess
Payments
a) If,
for any reason, the Agency determines that an excess payment has been paid from
the Fund, the Agency may take steps to collect the excess amount pursuant to
subsection (c) of this Section.
1) Upon
identifying an excess payment, the Agency must notify the owner or operator
receiving the excess payment by certified or registered mail, return receipt
requested.
2) The
notification letter must state the amount of the excess payment and the basis
for the Agency's determination that the payment is in error.
3) The
Agency's determination of an excess payment must be subject to appeal to the
Board in the manner provided for the review of permit decisions in Section 40
of the Act.
b) An excess payment from
the Fund includes, but is not limited to:
1) Payment for a
non-corrective action cost;
2) Payment
in excess of the limitations on payments set forth in Sections 734.620 and
734.635 and Subpart H of this Part;
3) Payment received through
fraudulent means;
4) Payment calculated on
the basis of an arithmetic error;
5) Payment calculated by
the Agency in reliance on incorrect information; or
6) Payment of costs that
are not eligible for payment.
c) Excess payments may be collected
using any of the following procedures:
1) Upon
notification of the determination of an excess payment in accordance with
subsection (a) of this Section or pursuant to a Board order affirming such
determination upon appeal, the Agency may attempt to negotiate a payment
schedule with the owner or operator. Nothing in this subsection (c)(1) of this
Section must prohibit the Agency from exercising at any time its options at
subsection (c)(2) or (c)(3) of this Section or any other collection methods available
to the Agency by law.
2) If an
owner or operator submits a subsequent claim for payment after previously
receiving an excess payment from the Fund, the Agency may deduct the excess
payment amount from any subsequently approved payment amount. If the amount
subsequently approved is insufficient to recover the entire amount of the
excess payment, the Agency may use the procedures in this Section or any other
collection methods available to the Agency by law to collect the remainder.
3) The
Agency may deem an excess payment amount to be a claim or debt owed the Agency,
and the Agency may use the Comptroller's Setoff System for collection of the
claim or debt in accordance with Section 10.5 of the "State Comptroller
Act." [15 ILCS 405/10.05]
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE G: WASTE DISPOSAL
CHAPTER I: POLLUTION CONTROL BOARD
SUBCHAPTER d: UNDERGROUND INJECTION CONTROL AND UNDERGROUND STORAGE TANK PROGRAMS
PART 734
PETROLEUM UNDERGROUND STORAGE TANKS
SECTION 734.665 AUDITS AND ACCESS TO RECORDS; RECORDS RETENTION
Section 734.665 Audits and Access to Records; Records
Retention
a) Owners
or operators that submit a report, plan, budget, application for payment, or
any other data or document under this Part must maintain all books, records,
documents, and other evidence directly pertinent to the report, plan, budget,
application for payment, data, or document, including but not limited to all
financial information and data used in the preparation or support of
applications for payment. All books, records, documents, and other evidence
must be maintained in accordance with accepted business practices and
appropriate accounting procedures and practices.
b) The
Agency or any of its duly authorized representatives must have access to the
books, records, documents, and other evidence set forth in subsection (a) of
this Section during normal business hours for the purpose of inspection, audit,
and copying. Owners or operators must provide proper facilities for such
access and inspection.
c) Owners
or operators must maintain the books, records, documents, and other evidence
set forth in subsection (a) of this Section and make them available to the
Agency or its authorized representative until the latest of the following:
1) The
expiration of 4 years after the date the Agency issues a No Further Remediation
Letter pursuant to Subpart G of this Part;
2) For
books, records, documents, or other evidence relating to an appeal, litigation,
or other dispute or claim, the expiration of 3 years after the date of the
final disposition of the appeal, litigation, or other dispute or claim; or
3) The
expiration of any other applicable record retention period.
SUBPART G: NO FURTHER REMEDIATION LETTERS AND RECORDING REQUIREMENTS
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE G: WASTE DISPOSAL
CHAPTER I: POLLUTION CONTROL BOARD
SUBCHAPTER d: UNDERGROUND INJECTION CONTROL AND UNDERGROUND STORAGE TANK PROGRAMS
PART 734
PETROLEUM UNDERGROUND STORAGE TANKS
SECTION 734.700 GENERAL
Section 734.700 General
Subpart G provides the procedures for the issuance of No
Further Remediation Letters under Title XVI and this Part. Subpart G also sets
forth the recording requirements and the circumstances under which the letter
may be voidable.
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE G: WASTE DISPOSAL
CHAPTER I: POLLUTION CONTROL BOARD
SUBCHAPTER d: UNDERGROUND INJECTION CONTROL AND UNDERGROUND STORAGE TANK PROGRAMS
PART 734
PETROLEUM UNDERGROUND STORAGE TANKS
SECTION 734.705 ISSUANCE OF A NO FURTHER REMEDIATION LETTER
Section 734.705 Issuance of a No Further Remediation
Letter
a) Upon
approval by the Agency of a report submitted pursuant to Section 734.210(h)(3)
of this Part or a corrective action completion report, the Agency must issue to
the owner or operator a No Further Remediation Letter. The No Further
Remediation Letter must have the legal effect prescribed in Section 57.10 of
the Act. The No Further Remediation Letter must be denied if the Agency
rejects or requires modification of the applicable report.
b) The
Agency must have 120 days after the date of receipt of the applicable report to
issue a No Further Remediation Letter and may include the No Further
Remediation Letter as part of the notification of approval of the report in
accordance with Subpart E of this Part. If the Agency fails to send the No
Further Remediation Letter within 120 days, it must be deemed denied by
operation of law.
c) The
notice of denial of a No Further Remediation Letter by the Agency may be
included with the notification of rejection or modification of the applicable
report. The reasons for the denial of the letter must be stated in the
notification. The denial must be considered a final determination appealable
to the Board within 35 days after the Agency's final action in the manner
provided for the review of permit decisions in Section 40 of the Act. If any
request for a No Further Remediation Letter is denied by operation of law in
lieu of an immediate repeal to the Board, the owner or operator may either
resubmit the request and applicable report to the Agency or file a joint request
for a 90 day extension in the manner provided for extensions of permit decision
in Section 40 of the Act.
d) The
Agency must mail the No Further Remediation Letter by registered or certified
mail, post marked with a date stamp and with return receipt requested. Final
action must be deemed to have taken place on the post marked date that the
letter is mailed.
e) The
Agency at any time may correct errors in No Further Remediation Letters that
arise from oversight, omission, or clerical mistake. Upon correction of the No
Further Remediation Letter, the Agency must mail the corrected letter to the
owner or operator as set forth in subsection (d) of this Section. The
corrected letter must be perfected by recording in accordance with the
requirements of Section 734.715 of this Part.
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE G: WASTE DISPOSAL
CHAPTER I: POLLUTION CONTROL BOARD
SUBCHAPTER d: UNDERGROUND INJECTION CONTROL AND UNDERGROUND STORAGE TANK PROGRAMS
PART 734
PETROLEUM UNDERGROUND STORAGE TANKS
SECTION 734.710 CONTENTS OF A NO FURTHER REMEDIATION LETTER
Section 734.710 Contents of a No Further Remediation
Letter
A No Further Remediation Letter issued pursuant to this Part
must include all of the following:
a) An acknowledgment that
the requirements of the applicable report were satisfied;
b) A description
of the location of the affected property by adequate legal description or by
reference to a plat showing its boundaries, or, for the purposes of Section
734.715(d) of this Part, other means sufficient to identify the site location
with particularity;
c) A
statement that the remediation objectives were determined in accordance with 35
Ill. Adm. Code 742, and the identification of any land use limitation, as
applicable, required by 35 Ill. Adm. Code 742 as a condition of the remediation
objectives;
d) A
statement that the Agency's issuance of the No Further Remediation Letter
signifies that, except for off-site contamination related to the occurrence
that has not been remediated due to denial of access to the off-site property:
1) All
statutory and regulatory corrective action requirements applicable to the
occurrence have been complied with;
2) All
corrective action concerning the remediation of the occurrence has been
completed; and
3) No
further corrective action concerning the occurrence is necessary for the
protection of human health, safety and the environment [415 ILCS
5/57.10(c)];
e) The
prohibition under Section 734.715(e) of this Part against the use of any site
in a manner inconsistent with any applicable land use limitation, without
additional appropriate remedial activities;
f) A
description of any approved preventive, engineering, and institutional controls
identified in the plan or report and notification that failure to manage the
controls in full compliance with the terms of the plan or report may result in
voidance of the No Further Remediation Letter;
g) The recording
obligations pursuant to Section 734.715 of this Part;
h) The
opportunity to request a change in the recorded land use pursuant to Section 734.715(e)
of this Part;
i) Notification
that further information regarding the site can be obtained from the Agency
through a request under the Freedom of Information Act [5 ILCS 140]; and
j)
Any other provisions agreed to by the Agency and the owner or operator.
(Source: Amended at 31 Ill.
Reg. 16150, effective November 21, 2007)
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE G: WASTE DISPOSAL
CHAPTER I: POLLUTION CONTROL BOARD
SUBCHAPTER d: UNDERGROUND INJECTION CONTROL AND UNDERGROUND STORAGE TANK PROGRAMS
PART 734
PETROLEUM UNDERGROUND STORAGE TANKS
SECTION 734.715 DUTY TO RECORD A NO FURTHER REMEDIATION LETTER
Section 734.715 Duty to Record a No Further Remediation
Letter
a) Except
as provided in subsections (c) and (d) of this Section, an owner or operator
receiving a No Further Remediation Letter from the Agency pursuant to this
Subpart G must submit the letter, with a copy of any applicable institutional
controls (as set forth in 35 Ill. Adm. Code 742, Subpart J) proposed as part of
a corrective action completion report, to the office of the recorder or the registrar
of titles of the county in which the site is located within 45 days after
receipt of the letter. The letter and any attachments must be filed in
accordance with Illinois law so that they form a permanent part of the chain of
title for the site. Upon the lapse of the 45 day period for recording,
pursuant to Section 734.720(a)(5) of this Part the Agency may void an
unrecorded No Further Remediation Letter for failure to record it in a timely
manner.
b) Except
as provided in subsections (c) and (d) of this Section, a No Further
Remediation Letter must be perfected upon the date of the official recording of
such letter. The owner or operator must obtain and submit to the Agency,
within 30 days after the official recording date, a certified or otherwise
accurate and official copy of the letter and any attachments as recorded. An
unperfected No Further Remediation Letter is effective only as between the
Agency and the owner or operator.
c) For
sites located in a highway authority right-of-way, the following requirements
must apply:
1) In
order for the No Further Remediation Letter to be perfected, the highway authority
with jurisdiction over the right-of-way must enter into a Memorandum of
Agreement (MOA) with the Agency. The MOA must include, but is not limited to:
A) The
name of the site, if any, and any highway authority or Agency identifiers
(e.g., incident number, Illinois inventory identification number);
B) The
address of the site (or other description sufficient to identify the location
of the site with certainty);
C) A copy
of the No Further Remediation Letter for each site subject to the MOA;
D) Procedures
for tracking sites subject to the MOA so that all highway authority offices and
personnel 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 site;
E) Provisions
addressing future conveyances (including title or any lesser form of interest)
or jurisdictional transfers of the 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:
i) Upon
creation of a deed, the recording of the No Further Remediation 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;
ii) 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 corrective action plan and the No Further
Remediation Letter; and
iii) 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 corrective action
plan and No Further Remediation Letter; and
F) Provisions
for notifying the Agency if any actions taken by the highway authority or its
permittees at the site result in the failure or inability to restore the site
to meet the requirements of the corrective action plan and the No Further
Remediation Letter.
2) Failure
to comply with the requirements of this subsection (c) may result in voidance
of the No Further Remediation Letter pursuant to Section 734.720 of this Part
as well as any other penalties that may be available.
d) For
sites located on Federally Owned Property 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 must apply:
1) To
perfect a No Further Remediation Letter containing any restriction on future
land use(s), the Federal 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 on the Federally Owned Property of the site subject to the No
Further Remediation Letter. Such identification must 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 identify
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; and
F) Attach
to the LUC MOA a copy of the No Further Remediation Letter for each site
subject to the LUC MOA.
2) To
perfect a No Further Remediation letter containing no restriction(s) on future
land use, the Federal Landholding Entity must submit the letter to the Office
of the Recorder or the Registrar of Titles of the county in which the site is
located within 45 days after receipt of the letter. The letter must be filed
in accordance with Illinois law so it forms a permanent part of the chain of
title. The Federal Landholding Entity must obtain and submit to the Agency,
within 30 days after recording, a copy of the letter demonstrating that the
recording requirements have been satisfied.
3) Failure
to comply with the requirements of this subsection (d) and the LUC MOA may
result in voidance of the No Further Remediation Letter as well as any other
penalties that may be available.
e) At no
time must any site for which a land use limitation has been imposed as a result
of corrective action under this Part be used in a manner inconsistent with the
land use limitation set forth in the No Further Remediation Letter. The land
use limitation specified in the No Further Remediation Letter may be revised
only by the perfecting of a subsequent No Further Remediation Letter, issued
pursuant to Title XVII of the Act and regulations thereunder, following further
investigation or remediation that demonstrates the attainment of objectives
appropriate for the new land use.
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE G: WASTE DISPOSAL
CHAPTER I: POLLUTION CONTROL BOARD
SUBCHAPTER d: UNDERGROUND INJECTION CONTROL AND UNDERGROUND STORAGE TANK PROGRAMS
PART 734
PETROLEUM UNDERGROUND STORAGE TANKS
SECTION 734.720 VOIDANCE OF A NO FURTHER REMEDIATION LETTER
Section
734.720 Voidance of a No Further Remediation Letter
a) The
No Further Remediation Letter must be voidable if site activities are not
carried out in full compliance with the provisions of this Part, and 35 Ill.
Adm. Code 742 where applicable, or the 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 not be limited to:
1) Any
violations of institutional controls or land use restrictions, if applicable;
2) The
failure of the owner or operator or any subsequent transferee to operate and
maintain preventive, engineering, and institutional controls;
3) Obtaining
the No Further Remediation Letter by fraud or misrepresentation;
4) Subsequent
discovery of indicator contaminants related to the occurrence upon which the No
Further Remediation Letter was based that:
A) were
not identified as part of the investigative or remedial activities upon which
the issuance of the No Further Remediation Letter was based;
B) results
in the failure to meet the remediation objectives established for the site; and
C) pose a
threat to human health or the environment;
5) Upon
the lapse of the 45 day period for recording the No Further Remediation Letter,
the failure to record and thereby perfect the No Further Remediation Letter in
a timely manner;
6) The
disturbance or removal of contamination left in place under an approved plan;
7) The
failure to comply with the requirements of Section 734.715(c) of this Part and
the Memorandum of Agreement entered in accordance with Section 734.715(c) of
this Part for a site that is located in a highway authority right-of-way;
8) The
failure to comply with the requirements of Section 734.715(d) of this Part and
the LUC MOA entered in accordance with Section 734.715(d) of this Part for a
site located on Federally Owned Property for which the Federal Landholding
Entity does not have the authority under federal law to record institutional
controls on the chain of title;
9) The
failure to comply with the requirements of Section 734.715(d) of this Part or
the failure to record a No Further Remediation Letter perfected in accordance
with Section 734.715(d) of this Part within 45 days following the 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
10) The
failure to comply with the notice or confirmation requirements of 35 Ill. Adm.
Code 742.1015(b)(5) and (c).
b) If
the Agency seeks to void a No Further Remediation Letter, it must provide a
Notice of Voidance to the current title holder of the site and the owner or
operator at his or her last known address.
1) The
Notice of Voidance must specify the cause for the voidance and describe the
facts in support of the cause.
2) The
Agency must mail Notices of Voidance by registered or certified mail, date
stamped with return receipt requested.
c) Within
35 days after receipt of the Notice of Voidance, the current title holder and
owner or operator of the site at the time the No Further Remediation Letter was
issued may appeal the Agency's decision to the Board in the manner provided for
the review of permit decisions in Section 40 of the Act.
d) If
the Board fails to take final action within 120 days, unless such time period
is waived by the petitioner, the petition must be deemed denied and the
petitioner must be entitled to an appellate court order pursuant to subsection
(d) of Section 41 of the Act. The Agency must have the burden of proof in such
action.
1) If
the Agency's action is appealed, the action must not become effective until the
appeal process has been exhausted and a final decision is reached by the Board
or courts.
A) Upon
receiving a notice of appeal, the Agency must file a Notice of lis pendens with
the office of the recorder or the registrar of titles for the county in which
the site is located. The notice must be filed in accordance with Illinois law so that it becomes a part of the chain of title for the site.
B) If the
Agency's action is not upheld on appeal, the Notice of lis pendens must be
removed in accordance with Illinois law within 45 days after receipt of the
final decision of the Board or the courts.
2) If
the Agency's action is not appealed or is upheld on appeal, the Agency must
submit the Notice of Voidance to the office of the recorder or the registrar of
titles for the county in which the site is located. The Notice must be filed
in accordance with Illinois law so that it forms a permanent part of the chain
of title for the site.
SUBPART H: MAXIMUM PAYMENT AMOUNTS
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE G: WASTE DISPOSAL
CHAPTER I: POLLUTION CONTROL BOARD
SUBCHAPTER d: UNDERGROUND INJECTION CONTROL AND UNDERGROUND STORAGE TANK PROGRAMS
PART 734
PETROLEUM UNDERGROUND STORAGE TANKS
SECTION 734.800 APPLICABILITY
Section 734.800 Applicability
a) Methods
for Determining Maximum Amounts. This Subpart H provides three methods for
determining the maximum amounts that can be paid from the Fund for eligible
corrective action costs. All costs associated with conducting corrective
action are grouped into the tasks set forth in Sections 734.810 through 734.850
of this Part.
1) The
first method for determining the maximum amount that can be paid for each task
is to use the maximum amounts for each task set forth in those Sections, and
Section 734.870. In some cases the maximum amounts are specific dollar
amounts, and in other cases the maximum amounts are determined on a
site-specific basis.
2) As an
alternative to using the amounts set forth in Sections 734.810 through 734.850
of this Part, the second method for determining the maximum amounts that can be
paid for one or more tasks is bidding in accordance with Section 734.855 of
this Part. As stated in that Section, when bidding is used, if the lowest bid
for a particular task is less than the amount set forth in Sections 734.810
through 734.850, the amount in Sections 734.810 through 734.850 of this Part
may be used instead of the lowest bid.
3) The third
method for determining maximum amounts that can be paid from the Fund applies
to unusual or extraordinary circumstances. The maximum amounts for such
circumstances can be determined in accordance with Section 734.860 of this
Part.
b) The
costs listed under each task set forth in Sections 734.810 through 734.850 of
this Part identify only some of the costs associated with each task. They are
not intended as an exclusive list of all costs associated with each task for
the purposes of payment from the Fund.
c) This
Subpart H sets forth only the methods that can be used to determine the maximum
amounts that can be paid from the Fund for eligible corrective action costs.
Whether a particular cost is eligible for payment must be determined in
accordance with Subpart F of this Part.
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE G: WASTE DISPOSAL
CHAPTER I: POLLUTION CONTROL BOARD
SUBCHAPTER d: UNDERGROUND INJECTION CONTROL AND UNDERGROUND STORAGE TANK PROGRAMS
PART 734
PETROLEUM UNDERGROUND STORAGE TANKS
SECTION 734.810 UST REMOVAL OR ABANDONMENT COSTS
Section 734.810 UST Removal or Abandonment Costs
Payment for costs associated with removal of each UST
must not exceed the amounts set forth in this Section. Such costs must
include, but not be limited to, those associated with the excavation, removal, and
disposal of UST systems.
|
UST Volume
|
Maximum Total
Amount per UST
|
|
|
|
|
110 – 999 gallons
|
$2,100
|
|
1,000 – 14,999 gallons
|
$3,150
|
|
15,000 or more gallons
|
$4,100
|
(Source: Amended at 36 Ill.
Reg. 4898, effective March 19, 2012)
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE G: WASTE DISPOSAL
CHAPTER I: POLLUTION CONTROL BOARD
SUBCHAPTER d: UNDERGROUND INJECTION CONTROL AND UNDERGROUND STORAGE TANK PROGRAMS
PART 734
PETROLEUM UNDERGROUND STORAGE TANKS
SECTION 734.815 FREE PRODUCT OR GROUNDWATER REMOVAL AND DISPOSAL
Section 734.815 Free Product or Groundwater Removal and
Disposal
Payment for costs associated with the removal and disposal
of free product or groundwater must not exceed the amounts set forth in this
Section. Such costs must include, but not be limited to, those associated with
the removal, transportation, and disposal of free product or groundwater, and
the design, construction, installation, operation, maintenance, and closure of
free product or groundwater removal systems.
a) Payment
for costs associated with each round of free product or groundwater removal via
hand bailing or a vacuum truck must not exceed a total of $0.68 per gallon or
$200, whichever is greater.
b) Payment
for costs associated with the removal of free product or groundwater via a
method other than hand bailing or vacuum truck must be determined on a time and
materials basis and must not exceed the amounts set forth in Section 734.850 of
this Part. Such costs must include, but are not limited to, those associated
with the design, construction, installation, operation, maintenance, and
closure of free product and groundwater removal systems.
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE G: WASTE DISPOSAL
CHAPTER I: POLLUTION CONTROL BOARD
SUBCHAPTER d: UNDERGROUND INJECTION CONTROL AND UNDERGROUND STORAGE TANK PROGRAMS
PART 734
PETROLEUM UNDERGROUND STORAGE TANKS
SECTION 734.820 DRILLING, WELL INSTALLATION, AND WELL ABANDONMENT
Section 734.820 Drilling, Well Installation, and Well
Abandonment
Payment for costs associated with drilling, well
installation, and well abandonment must not exceed the amounts set forth in
this Section.
a) Payment
for costs associated with each round of drilling must not exceed the following
amounts. Such costs must include, but are not limited to, those associated
with mobilization, drilling labor, decontamination, and drilling for the
purposes of soil sampling or well installation.
|
Type of Drilling
|
Maximum Total Amount
|
|
|
|
|
Hollow-stem auger
|
greater of $23 per foot or $1,500
|
|
Direct-push platform
|
|
|
− for sampling or other
|
greater of $18 per foot or $1,200
|
|
non-injection purposes
|
|
|
− for injection purposes
|
greater of $15 per foot or $1,200
|
b) Payment
for costs associated with the installation of monitoring wells, excluding
drilling, must not exceed the following amounts. Such costs must include, but are
not limited to, those associated with well construction and development.
|
Type of Borehole
|
Maximum Total Amount
|
|
|
|
|
Hollow-stem auger
|
$16.50/foot (well length)
|
|
Direct-push platform
|
$12.50/foot (well length)
|
c) Payment
for costs associated with the installation of recovery wells, excluding
drilling, must not exceed the following amounts. Such costs must include, but
are not limited to, those associated with well construction and development.
|
Well Diameter
|
Maximum Total Amount
|
|
|
|
|
4 or 6 inches
|
$25.00/foot (well length)
|
|
8 inches or greater
|
$41.00/foot (well length)
|
d) Payment
for costs associated with the abandonment of monitoring wells must not exceed
$10 per foot of well length.
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE G: WASTE DISPOSAL
CHAPTER I: POLLUTION CONTROL BOARD
SUBCHAPTER d: UNDERGROUND INJECTION CONTROL AND UNDERGROUND STORAGE TANK PROGRAMS
PART 734
PETROLEUM UNDERGROUND STORAGE TANKS
SECTION 734.825 SOIL REMOVAL AND DISPOSAL
Section 734.825 Soil Removal and Disposal
Payment for costs associated with soil removal,
transportation, and disposal must not exceed the amounts set forth in this
Section. Such costs must include, but are not limited to, those associated
with the removal, transportation, and disposal of contaminated soil exceeding
the applicable remediation objectives or visibly contaminated fill removed
pursuant to Section 734.210(f) of this Part, and the purchase, transportation,
and placement of material used to backfill the resulting excavation.
a) Payment
for costs associated with the removal, transportation, and disposal of
contaminated soil exceeding the applicable remediation objectives, visibly
contaminated fill removed pursuant to Section 734.210(f) of this Part, and
concrete, asphalt, or paving overlying such contaminated soil or fill must not
exceed a total of $57 per cubic yard.
1) Except
as provided in subsection (a)(2) of this Section, the volume of soil removed
and disposed must be determined by the following equation using the dimensions
of the resulting excavation:
(Excavation Length x Excavation
Width x Excavation Depth) x 1.05
A conversion factor of 1.5 tons
per cubic yard must be used to convert tons to cubic yards.
2) The
volume of soil removed from within four feet of the outside dimension of the
UST and disposed of pursuant to Section 734.210(f) of this Part must be
determined in accordance with Appendix C of this Part.
b) Payment
for costs associated with the purchase, transportation, and placement of
material used to backfill the excavation resulting from the removal and
disposal of soil must not exceed a total of $20 per cubic yard.
1) Except
as provided in subsection (b)(2) of this Section, the volume of backfill
material must be determined by the following equation using the dimensions of
the backfilled excavation:
(Excavation Length x Excavation
Width x Excavation Depth) x 1.05
A conversion factor of 1.5 tons
per cubic yard must be used to convert tons to cubic yards.
2) The
volume of backfill material used to replace soil removed from within four feet
of the outside dimension of the UST and disposed of pursuant to Section
734.210(f) of this Part must be determined in accordance with Appendix C of
this Part.
c) Payment
for costs associated with the removal and subsequent return of soil that does
not exceed the applicable remediation objectives but whose removal is required
in order to conduct corrective action must not exceed a total of $6.50 per
cubic yard. The volume of soil removed and returned must be determined by the
following equation using the dimensions of the excavation resulting from the
removal of the soil:
(Excavation Length x Excavation
Width x Excavation Depth)
A conversion factor of 1.5 tons per
cubic yard must be used to convert tons to cubic yards.
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE G: WASTE DISPOSAL
CHAPTER I: POLLUTION CONTROL BOARD
SUBCHAPTER d: UNDERGROUND INJECTION CONTROL AND UNDERGROUND STORAGE TANK PROGRAMS
PART 734
PETROLEUM UNDERGROUND STORAGE TANKS
SECTION 734.830 DRUM DISPOSAL
Section 734.830 Drum Disposal
Payment for costs associated with the purchase,
transportation, and disposal of 55-gallon drums containing waste generated as a
result of corrective action (e.g., boring cuttings, water bailed for well development
or sampling, hand-bailed free product) must not exceed the following amounts or
a total of $500, whichever is greater.
|
Drum Contents
|
Maximum Total
Amount per Drum
|
|
|
|
|
Solid waste
|
$250
|
|
Liquid waste
|
$150
|
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE G: WASTE DISPOSAL
CHAPTER I: POLLUTION CONTROL BOARD
SUBCHAPTER d: UNDERGROUND INJECTION CONTROL AND UNDERGROUND STORAGE TANK PROGRAMS
PART 734
PETROLEUM UNDERGROUND STORAGE TANKS
SECTION 734.835 SAMPLE HANDLING AND ANALYSIS
Section 734.835 Sample Handling and Analysis
Payment for costs associated with sample handling and
analysis must not exceed the amounts set forth in Appendix D of this Part.
Such costs must include, but are not limited to, those associated with the
transportation, delivery, preparation, and analysis of samples, and the
reporting of sample results. For laboratory analyses not included in this
Section, the Agency may determine reasonable maximum payment amounts on a
site-specific basis.
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE G: WASTE DISPOSAL
CHAPTER I: POLLUTION CONTROL BOARD
SUBCHAPTER d: UNDERGROUND INJECTION CONTROL AND UNDERGROUND STORAGE TANK PROGRAMS
PART 734
PETROLEUM UNDERGROUND STORAGE TANKS
SECTION 734.840 CONCRETE, ASPHALT, AND PAVING; DESTRUCTION OR DISMANTLING AND REASSEMBLY OF ABOVE GRADE STRUCTURES
Section 734.840 Concrete, Asphalt, and Paving;
Destruction or Dismantling and Reassembly of Above Grade Structures
a) Payment
for costs associated with concrete, asphalt, and paving installed as an
engineered barrier, other than replacement concrete, asphalt, and paving, must
not exceed the following amounts. Costs associated with the replacement of
concrete, asphalt, and paving used as an engineered barrier are subject to the
maximum amounts set forth in subsection (b) of this Section instead of this
subsection (a).
|
Depth of Material
|
Maximum Total Amount
|
|
|
per Square Foot
|
|
|
|
|
Asphalt and paving – 2 inches
|
$1.65
|
|
3 inches
|
$1.86
|
|
4 inches
|
$2.38
|
|
|
|
|
Concrete –
|
any depth
|
$2.38
|
|
|
|
|
|
|
b) Payment
for costs associated with the replacement of concrete, asphalt, and paving must
not exceed the following amounts:
|
Depth of Material
|
Maximum Total Amount
|
|
|
per Square Foot
|
|
|
|
|
Asphalt and paving – 2 inches
|
$1.65
|
|
3 inches
|
$1.86
|
|
4 inches
|
$2.38
|
|
6 inches
|
$3.08
|
|
|
|
|
Concrete –
|
2 inches
|
$2.45
|
|
3 inches
|
$2.93
|
|
4 inches
|
$3.41
|
|
5 inches
|
$3.89
|
|
6 inches
|
$4.36
|
|
8 inches
|
$5.31
|
|
|
|
For depths other than those listed
in this subsection, the Agency must determine reasonable maximum payment
amounts on a site-specific basis.
c) Payment
for costs associated with the destruction or the dismantling and reassembly of
above grade structures must not exceed the time and material amounts set forth
in Section 734.850 of this Part. The total cost for the destruction or the
dismantling and reassembly of above grade structures must not exceed $10,000 per
site.
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE G: WASTE DISPOSAL
CHAPTER I: POLLUTION CONTROL BOARD
SUBCHAPTER d: UNDERGROUND INJECTION CONTROL AND UNDERGROUND STORAGE TANK PROGRAMS
PART 734
PETROLEUM UNDERGROUND STORAGE TANKS
SECTION 734.845 PROFESSIONAL CONSULTING SERVICES
Section 734.845 Professional Consulting Services
Payment for costs associated with professional consulting
services will be reimbursed on a time and materials basis pursuant to Section
734.850. Such costs must include, but are not limited to, those associated
with project planning and oversight; field work; field oversight; travel; per
diem; mileage; transportation; vehicle charges; lodging; meals; and the
preparation, review, certification, and submission of all plans, budgets,
reports, applications for payment, and other documentation.
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE G: WASTE DISPOSAL
CHAPTER I: POLLUTION CONTROL BOARD
SUBCHAPTER d: UNDERGROUND INJECTION CONTROL AND UNDERGROUND STORAGE TANK PROGRAMS
PART 734
PETROLEUM UNDERGROUND STORAGE TANKS
SECTION 734.850 PAYMENT ON TIME AND MATERIALS BASIS
Section 734.850 Payment on Time and Materials Basis
This Section sets forth the maximum amounts that may be paid
when payment is allowed on a time and materials basis.
a) Payment
for costs associated with activities that have a maximum payment amount set
forth in other sections of this Subpart H (e.g., sample handling and analysis,
drilling, well installation and abandonment, or drum disposal) must not exceed
the amounts set forth in those Sections, unless payment is made pursuant to
Section 734.860 of this Part.
b) Maximum
payment amounts for costs associated with activities that do not have a maximum
payment amount set forth in other Sections of this Subpart H must be determined
by the Agency on a site-specific basis, provided, however, that personnel costs
must not exceed the amounts set forth in Appendix E of this Part. Personnel
costs must be based upon the work being performed, regardless of the title of
the person performing the work. Owners and operators seeking payment must
demonstrate to the Agency that the amounts sought are reasonable.
BOARD NOTE: Alternative technology costs in excess of the
costs of conventional technology are ineligible for payment from the Fund. See
Sections 734.340(b) and 734.630(z) of this Part.
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE G: WASTE DISPOSAL
CHAPTER I: POLLUTION CONTROL BOARD
SUBCHAPTER d: UNDERGROUND INJECTION CONTROL AND UNDERGROUND STORAGE TANK PROGRAMS
PART 734
PETROLEUM UNDERGROUND STORAGE TANKS
SECTION 734.855 BIDDING
Section 734.855 Bidding
As an alternative to the maximum payment amounts set forth
in this Subpart H, one or more maximum payment amounts may be determined via
bidding in accordance with this Section. Each bid must cover all costs
included in the maximum payment amount that the bid is replacing. Bidding is
optional. Bidding is allowed only if the owner or operator demonstrates
that corrective action cannot be performed for amounts less than or equal to
maximum payment [415 ILCS 5/57.7(c)(3)(C)] set forth in this Part.
Once a maximum payment amount is determined via bidding in accordance with this
Section, the Agency may approve the maximum payment amount in amended budgets
and other subsequent budgets submitted for the same incident.
a) Bidding must be publicly-noticed, competitive,
and sealed bidding that includes, at a minimum, the following:
1) The owner or operator must issue invitations
for bids that include, at a minimum, a description of the work being bid and
applicable contractual terms and conditions. The criteria on which the bids
will be evaluated must be set forth in the invitation for bids. The criteria
may include, but shall not be limited to, criteria for determining
acceptability, such as inspection, testing, quality, workmanship, delivery, and
suitability for a particular purpose. Criteria that will affect the bid price
and be considered in the evaluation of a bid, such as discounts, shall be
objectively measureable.
A) The invitation for bids must include instructions
and information concerning bid submission requirements, including but not
limited to the time during which bids may be submitted, the address to which
bids must be submitted, and the time and date set for opening of the bids.
Invitations for bids may include, but shall not be limited to, contract terms
and conditions, including but not limited to warranty and bonding or other
security requirements, and qualification requirements, which may include, but
shall not be limited to, factors to be considered in determining whether a
bidder is responsible pursuant to subsection (d) of this Section. The time
during which bids may be submitted must begin on the date the invitation for
bids is issued and must end at the time and date set for opening of the bids.
In no case shall the time for bid submission be less than 14 days.
B) Each bid must be stamped with the date and time
of receipt, and stored unopened in a secure place until the time and date set
for opening the bids. Bids must not be accepted from persons in which
the owner or operator, or the owner's or operator's primary contractor, has a
financial interest.
2) At least 14 days prior to the date set in the
invitation for the opening of bids, public notice of the invitation for bids
must be published by the owner or operator in a local paper of general
circulation for the area in which the site is located. The owner or
operator must also provide a copy of the public notice to the Agency. The
notice must be received by the Agency at least 14 days prior to the date set in
the invitation for the opening of bids.
3) Bids must be opened publicly by the owner
or operator in the presence of one or more witnesses at the time and place
designated in the invitation for bids.
A) The name of each bidder, the amount of each
bid, and other relevant information must be recorded and submitted to the
Agency in the applicable budget in accordance with subsection (b) of this
Section.
B) After
selection of the winning bid, the winning bid and the record of each
unsuccessful bid shall be open to public inspection.
C) The person opening the bids may not serve as a
witness. The names of the persons opening the bids and the names of all
witnesses must be recorded and submitted to the Agency on the bid summary form
required under subsection (b) of this Section.
4) Bids must be unconditionally accepted by
the owner or operator without alteration or correction. Bids must be
evaluated based on the requirements set forth in the invitation for bids, which
may include criteria for determining acceptability, such as inspection,
testing, quality, workmanship, delivery, and suitability for a particular
purpose. Criteria that will affect the bid price and be considered in the
evaluation of a bid, such as discounts, shall be objectively measureable. The
invitation for bids shall set forth the evaluation criteria to be used.
5) Correction or withdrawal of inadvertently
erroneous bids before or after selection of the winning bid, or cancellation of
winning bids based on bid mistakes, shall be allowed in accordance with subsection
(c) of this Section. After bid opening, no changes in bid prices or other
provisions of bids prejudicial to the owner or operator or fair competition
shall be allowed. All decisions to allow the correction or withdrawal of bids
based on bid mistakes shall be supported by a written determination made by the
owner or operator.
6) The owner or operator shall select the
winning bid with reasonable promptness by written notice to the lowest
responsible and responsive bidder whose bid meets the requirements and criteria
set forth in the invitation for bids. The winning bid and other relevant
information must be recorded and submitted to the Agency in the applicable
budget in accordance with subsection (b) of this Section.
7) All bidding documentation must be retained by
the owner or operator for a minimum of 3 years after the costs bid are
submitted in an application for payment, except that
documentation relating to an appeal, litigation, or other disputed claim must
be maintained until at least 3 years after the date of the final disposition of
the appeal, litigation, or other disputed claim. All bidding
documentation must be made available to the Agency for inspection and copying
during normal business hours. [415 ILCS
5/57.7(c)(3)(B)]
b) All
bids must be summarized on forms prescribed and provided by the Agency. The
bid summary forms, along with copies of the invitation for bids, the public
notice required under subsection (a)(2) of this Section, proof of publication
of the notice, and each bid received, must be submitted to the Agency in the
associated budget.
c) Corrections
to bids are allowed only to the extent the corrections are not contrary to the
best interest of the owner or operator and the fair treatment of other
bidders. If a bid is corrected, copies of both the original bid and the
revised bid must be submitted in accordance with subsection (b) of this Section
along with an explanation of the corrections made.
1) Mistakes
Discovered Before Opening. A bidder may correct mistakes discovered before the
time and date set for opening of bids by withdrawing his or her bid and
submitting a revised bid prior to the time and date set for opening of bids.
2) Mistakes
Discovered After Opening of a Bid but Before Award of the Winning Bid
A) If the
owner or operator knows or has reason to conclude that a mistake has been made,
the owner or operator must request the bidder to confirm the information.
Situations in which confirmation should be requested include obvious or
apparent errors on the face of the document or a price unreasonably lower than
the others submitted.
B) If the
mistake and the intended correct information are clearly evident on the face of
the bid, the information shall be corrected and the bid may not be withdrawn.
Examples of mistakes that may be clearly evident on the face of the bid are
typographical errors, errors extending unit prices, transportation errors, and
mathematical errors.
C) If the
mistake and the intended correct information are not clearly evident on the
face of the bid, the low bid may be withdrawn if:
i) a
mistake is clearly evident on the face of the bid but the intended correct bid
is not similarly evident; or
ii) there
is proof of evidentiary value that clearly and convincingly demonstrates that a
mistake was made.
3) Mistakes
shall not be corrected after selection of the winning bid unless the Agency
determines that it would be unconscionable not to allow the mistake to be
corrected (e.g., the mistake would result in a windfall to the owner or
operator).
4) Minor
informalities. A minor informality or irregularity is one that is a matter of
form or pertains to some immaterial or inconsequential defect or variation from
the exact requirement of the invitation for bid, the correction or waiver of
which would not be prejudicial to the owner or operator (i.e., the effect on
price, quality, quantity, delivery, or contractual conditions is negligible).
The owner or operator must waive the informalities or allow correction
depending on which is in the owner's or operator's best interest.
d) For
purposes of this Section, factors to be considered in determining whether a
bidder is responsible include, but are not limited to, the following:
1) The
bidder has available the appropriate financial, material, equipment, facility,
and personnel resources and expertise (or the ability to obtain them) necessary
to indicate its capability to meet all contractual requirements;
2) The
bidder is able to comply with required or proposed delivery or performance
schedules, taking into consideration all existing commercial and governmental
commitments;
3) The
bidder has a satisfactory record of performance. Bidders who are or have been
deficient in current or recent contact performance in dealing with the owner or
operator or other clients may be deemed "not responsible" unless the
deficiency is shown to have been beyond the reasonable control of the bidder;
and
4) The
bidder has a satisfactory record of integrity and business ethics. Bidders who
are under investigation or indictment for criminal or civil actions that bear
on the subject of the bid, or that create a reasonable inference or appearance
of a lack of integrity on the part of the bidder, may be declared not responsible
for the particular subject of the bid.
(Source: Amended at 36 Ill.
Reg. 4898, effective March 19, 2012)
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE G: WASTE DISPOSAL
CHAPTER I: POLLUTION CONTROL BOARD
SUBCHAPTER d: UNDERGROUND INJECTION CONTROL AND UNDERGROUND STORAGE TANK PROGRAMS
PART 734
PETROLEUM UNDERGROUND STORAGE TANKS
SECTION 734.860 UNUSUAL OR EXTRAORDINARY CIRCUMSTANCES
Section 734.860 Unusual or Extraordinary Circumstances
If, as a result of unusual or extraordinary circumstances,
an owner or operator incurs or will incur eligible costs that exceed the
maximum payment amounts set forth in this Subpart H, the Agency may determine
maximum payment amounts for the costs on a site-specific basis. Owners and
operators seeking to have the Agency determine maximum payment amounts pursuant
to this Section must demonstrate to the Agency that the costs for which they
are seeking a determination are eligible for payment from the Fund, exceed the
maximum payment amounts set forth in this Subpart H, are the result of unusual
or extraordinary circumstances, are unavoidable, are reasonable, and are
necessary in order to satisfy the requirements of this Part.
(Source: Amended at 36 Ill. Reg.
4898, effective March 19, 2012)
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE G: WASTE DISPOSAL
CHAPTER I: POLLUTION CONTROL BOARD
SUBCHAPTER d: UNDERGROUND INJECTION CONTROL AND UNDERGROUND STORAGE TANK PROGRAMS
PART 734
PETROLEUM UNDERGROUND STORAGE TANKS
SECTION 734.865 HANDLING CHARGES
Section 734.865 Handling Charges
Payment of handling charges must not exceed the amounts set
forth in Section 734.635 of this Part.
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE G: WASTE DISPOSAL
CHAPTER I: POLLUTION CONTROL BOARD
SUBCHAPTER d: UNDERGROUND INJECTION CONTROL AND UNDERGROUND STORAGE TANK PROGRAMS
PART 734
PETROLEUM UNDERGROUND STORAGE TANKS
SECTION 734.870 INCREASE IN MAXIMUM PAYMENT AMOUNTS
Section 734.870 Increase in Maximum Payment Amounts
The maximum payment amounts set forth in this Subpart H must
be adjusted annually by an inflation factor determined by the annual Implicit
Price Deflator for Gross National Product as published by the U.S. Department
of Commerce in its Survey of Current Business.
a) The
inflation factor must be calculated each year by dividing the latest published
annual Implicit Price Deflator for Gross National Product by the annual
Implicit Price Deflator for Gross National Product for the previous year. The
inflation factor must be rounded to the nearest 1/100th. In no case
must the inflation factor be more than five percent in a single year.
b) Adjusted
maximum payment amounts must become effective on July 1 of each year and must
remain in effect through June 30 of the following year. The first adjustment
must be made on July 1, 2006, by multiplying the maximum payment amounts set
forth in this Subpart H by the applicable inflation factor. Subsequent
adjustments must be made by multiplying the latest adjusted maximum payment
amounts by the latest inflation factor.
c) The
Agency must post the inflation factors on its website no later than the date
they become effective. The inflation factors must remain posted on the website
in subsequent years to aid in the calculation of adjusted maximum payment
amounts.
d) Adjusted maximum payment
amounts must be applied as follows:
1) For
costs approved by the Agency in writing prior to the date the costs are
incurred, the applicable maximum payment amounts must be the amounts in effect
on the date the Agency received the budget in which the costs were proposed.
Once the Agency approves a cost, the applicable maximum payment amount for the
cost must not be increased (e.g. by proposing the cost in a subsequent budget).
2) For
costs not approved by the Agency in writing prior to the date the costs are
incurred, including, but not limited to, early action costs, the applicable
maximum payment amounts must be the amounts in effect on the date the costs
were incurred.
3) Owners
and operators must have the burden of requesting the appropriate adjusted
maximum payment amounts in budgets and applications for payment.
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE G: WASTE DISPOSAL
CHAPTER I: POLLUTION CONTROL BOARD
SUBCHAPTER d: UNDERGROUND INJECTION CONTROL AND UNDERGROUND STORAGE TANK PROGRAMS
PART 734
PETROLEUM UNDERGROUND STORAGE TANKS
SECTION 734.875 AGENCY REVIEW OF PAYMENT AMOUNTS
Section 734.875 Agency Review of Payment Amounts
No less than every three years the Agency must review the
amounts set forth in this Subpart H and submit a report to the Board on whether
the amounts are consistent with the prevailing market rates. The report must
identify amounts that are not consistent with the prevailing market rates and
suggest changes needed to make the amounts consistent with the prevailing
market rates. The Board must publish notice of receipt of the report in the Environmental
Register and on the Board's web page.
Section 734.APPENDIX A Indicator Contaminants
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE G: WASTE DISPOSAL
CHAPTER I: POLLUTION CONTROL BOARD
SUBCHAPTER d: UNDERGROUND INJECTION CONTROL AND UNDERGROUND STORAGE TANK PROGRAMS
PART 734
PETROLEUM UNDERGROUND STORAGE TANKS
SECTION 734.APPENDIX A INDICATOR CONTAMINANTS
Section 734.APPENDIX A Indicator Contaminants
|
TANK CONTENTS
|
|
INDICATOR CONTAMINANTS
|
|
|
|
|
|
GASOLINE
leaded1, unleaded, premium and gasohol
|
|
Benzene
Ethylbenzene
Toluene
Xylene
Methyl tertiary butyl ether (MTBE)
|
|
MIDDLE DISTILLATE AND HEAVY ENDS
|
|
|
|
aviation turbine fuels1
jet fuels
|
|
Benzene
Ethylbenzene
Toluene
Xylene
|
|
diesel fuels
|
|
Acenaphthene
|
|
gas turbine fuel oils
|
|
Anthracene
|
|
heating fuel oils
|
|
Benzo(a)anthracene
|
|
illuminating oils
|
|
Benzo(a)pyrene
|
|
kerosene
|
|
Benzo(b)fluoranthene
|
|
lubricants
|
|
Benzo(k)fluoranthene
|
|
liquid asphalt and dust laying oils
|
|
Chrysene
|
|
cable oils
|
|
Dibenzo(a,h)anthracene
|
|
crude oil, crude oil fractions
|
|
Fluoranthene
|
|
petroleum feedstocks
|
|
Fluorene
|
|
petroleum fractions
|
|
Indeno(1,2,3-c,d)pyrene
|
|
heavy oils
|
|
Naphthalene
|
|
transformer oils2
|
|
Pyrene
|
|
hydraulic fluids3
|
|
Acenaphthylene
|
|
petroleum spirits4
|
|
|
|
mineral spirits4, Stoddard solvents4
|
|
Phenanthrene
|
|
high-flash aromatic naphthas4
|
|
|
|
VM&P naphthas4
|
|
|
|
moderately volatile hydrocarbon solvents4
|
|
|
|
petroleum extender oils4
|
|
|
|
USED OIL
|
|
Screening sample5
|
1 lead
is also an indicator contaminant
2 the
polychlorinated biphenyl parameters listed in Appendix B are also indicator contaminants
3 barium
is also an indicator contaminant
4 the
volatile, base/neutral and polynuclear aromatic parameters listed in Appendix B
are also indicator contaminants
5 used
oil indicator contaminants must be based on the results of a used oil soil
sample analysis − refer to Section 734.405(g) of this Part
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE G: WASTE DISPOSAL
CHAPTER I: POLLUTION CONTROL BOARD
SUBCHAPTER d: UNDERGROUND INJECTION CONTROL AND UNDERGROUND STORAGE TANK PROGRAMS
PART 734
PETROLEUM UNDERGROUND STORAGE TANKS
SECTION 734.APPENDIX B ADDITIONAL PARAMETERS
Section 734.APPENDIX B Additional Parameters
Volatiles
|
1.
|
Benzene
|
|
2.
|
Bromoform
|
|
3.
|
Carbon tetrachloride
|
|
4.
|
Chlorobenzene
|
|
5.
|
Chloroform
|
|
6.
|
Dichlorobromomethane
|
|
7.
|
1,2-Dichloroethane
|
|
8.
|
1,1-Dichloroethene
|
|
9.
|
cis-1,2-Dichloroethylene
|
|
10.
|
Trans-1,2-Dichloroethylene
|
|
11.
|
Dichloromethane (Methylene chloride)
|
|
12.
|
1,2-Dichloropropane
|
|
13.
|
1,3-Dichloropropylene (cis + trans)
|
|
14.
|
Ethylbenzene
|
|
15.
|
Styrene
|
|
16.
|
Tetrachloroethylene
|
|
17.
|
Toluene
|
|
18.
|
1,1,1-Trichloroethane
|
|
19.
|
1,1,2-Trichloroethane
|
|
20.
|
Trichloroethylene
|
|
21.
|
Vinyl chloride
|
|
22.
|
Xylenes (total)
|
Base/Neutrals
|
1.
|
Bis(2-chloroethyl)ether
|
|
2.
|
Bis(2-ethylhexyl)phthalate
|
|
3.
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1,2-Dichlorobenzene
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4.
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1,4-Dichlorobenzene
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5.
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Hexachlorobenzene
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6.
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Hexachlorocyclopentadiene
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7.
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n-Nitrosodi-n-propylamine
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8.
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n-Nitrosodiphenylamine
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9.
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1,2,4-Trichlorobenzene
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Polynuclear Aromatics
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1.
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Acenaphthene
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2.
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Anthracene
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3.
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Benzo(a)anthracene
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4.
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Benzo(a)pyrene
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5.
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Benzo(b)fluoranthene
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6.
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Benzo(k)fluoranthene
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7.
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Chrysene
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8.
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Dibenzo(a,h)anthracene
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9.
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Fluoranthene
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10.
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Fluorene
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11.
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Indeno(1,2,3-c,d)pyrene
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12.
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Naphthalene
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13.
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Pyrene
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14.
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Acenaphthylene
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15.
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Benzo(g,h,i)perylene
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16.
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Phenanthrene
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Metals (total inorganic and organic forms)
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1.
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Arsenic
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2.
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Barium
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3.
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Cadmium
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4.
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Chromium (total)
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5.
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Lead
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6.
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Mercury
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7.
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Selenium
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Polychlorinated Biphenyls
1. Polychlorinated Biphenyls
(as Decachlorobiphenyl)
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE G: WASTE DISPOSAL
CHAPTER I: POLLUTION CONTROL BOARD
SUBCHAPTER d: UNDERGROUND INJECTION CONTROL AND UNDERGROUND STORAGE TANK PROGRAMS
PART 734
PETROLEUM UNDERGROUND STORAGE TANKS
SECTION 734.APPENDIX C BACKFILL VOLUMES
Section 734.APPENDIX C Backfill Volumes
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Volume of Tank in Gallons
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Maximum amount of backfill material to be removed:
Cubic yards
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Maximum amount of backfill material to be replaced:
Cubic yards
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<285
285 to 299
300 to 559
560 to 999
1000 to 1049
1050 to 1149
1150 to 1999
2000 to 2499
2500 to 2999
3000 to 3999
4000 to 4999
5000 to 5999
6000 to 7499
7500 to 8299
8300 to 9999
10,000 to 11,999
12,000 to 14,999
>15,000
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54
55
56
67
81
89
94
112
128
143
175
189
198
206
219
252
286
345
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56
57
58
70
87
96
101
124
143
161
198
219
235
250
268
312
357
420
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A conversion factor of 1.5 tons per cubic yard must be used
to convert tons to cubic yards.
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE G: WASTE DISPOSAL
CHAPTER I: POLLUTION CONTROL BOARD
SUBCHAPTER d: UNDERGROUND INJECTION CONTROL AND UNDERGROUND STORAGE TANK PROGRAMS
PART 734
PETROLEUM UNDERGROUND STORAGE TANKS
SECTION 734.APPENDIX D SAMPLE HANDLING AND ANALYSIS
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