Illinois Administrative Code

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 appro…

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 require…

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 …

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 ca…

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.

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 or…

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,…

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 corr…

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.

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 r…

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 appli…

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 th…

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…

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 Sec…

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 C…

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…

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 a…

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 …

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 ac…

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..........…

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 …

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 indemnificatio…

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 t…

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 eligi…

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 …

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 …

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.

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…

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 …

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 ap…

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 …

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 grou…

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…

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 …

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…

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 di…

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 produc…

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, prepa…

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…

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 plannin…

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 o…

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 b…

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…

Section 734.865 Handling Charges Payment of handling charges must not exceed the amounts set forth in Section 734.635 of this Part.

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…

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…

Section 734.APPENDIX E Personnel Titles and Rates Title Degree Required Ill. License Req'd. Min. Yrs. Experience Max. Hourly Rate Engineer I Engineer II Engineer III Professional Engineer Senior Prof. Engineer Bachelor's in Engineering Bachelor's in Engineering Bachelor's in Engi…