Illinois Administrative Code

Section 739.163 Rebuttable Presumption for Used Oil a) To ensure that used oil managed at a used oil burner facility is not hazardous waste under the rebuttable presumption of Section 739.110(b)(1)(ii), a used oil burner must determine whether the total halogen content of used oi…

Section 739.164 Used Oil Storage A used oil burner is subject to all applicable Spill Prevention, Control and Countermeasures (federal 40 CFR 112) in addition to the requirements of this Subpart G. A used oil burner is also subject to the Underground Storage Tank (35 Ill. Adm. Co…

Section 739.165 Tracking a) Acceptance. A used oil burner must keep a record of each used oil shipment accepted for burning. These records may take the form of a log, invoice, manifest, bill of lading, or other shipping documents. Records for each shipment must include the follow…

Section 739.166 Notices a) Certification. Before a burner accepts the first shipment of off-specification used oil fuel from a generator, transporter, or processor, the burner must provide to the generator, transporter, or processor a one-time written and signed notice certifying…

Section 739.167 Management of Residues A burner that generates residues from the storage or burning of used oil must manage the residues as specified in Section 739.110(e). (Source: Amended at 28 Ill. Reg. 10706, effective July 19, 2004) SUBPART H: STANDARDS FOR USED OIL FUEL MAR…

Section 739.170 Applicability a) Any person that conducts either of the following activities is subject to the requirements of this Subpart H: 1) Directs a shipment of off-specification used oil from their facility to a used oil burner; or 2) First claims that used oil that is to…

Section 739.171 Prohibitions A used oil fuel marketer may initiate a shipment of off-specification used oil only to a used oil burner that fulfills the following conditions: a) Has a USEPA identification number and Illinois special waste identification number; and b) Burns the us…

Section 739.172 On-Specification Used Oil Fuel a) Analysis of used oil fuel. A generator, transporter, processor, or burner may determine that used oil that is to be burned for energy recovery meets the fuel specifications of Section 739.111 by performing analyses or obtaining co…

Section 739.173 Notification a) A used oil fuel marketer subject to the requirements of this Section that has not previously complied with the notification requirements of RCRA section 3010 must comply with these requirements and obtain a USEPA identification number pursuant to R…

Section 739.174 Tracking a) Off-Specification Used Oil Delivery. Any used oil fuel marketer that directs a shipment of off-specification used oil to a burner must keep a record of each shipment of used oil to a used oil burner. These records may take the form of a log, invoice, m…

Section 739.175 Notices a) Certification. Before a used oil generator, transporter, or processor directs the first shipment of off-specification used oil fuel to a burner, it must obtain a one-time written and signed notice from the burner certifying the following: 1) That the bu…

Section 739.180 Applicability The requirements of this Subpart I apply to all used oils that cannot be recycled and are therefore being disposed of. (Source: Amended at 30 Ill. Reg. 4094, effective February 23, 2006)

Section 739.181 Disposal a) Disposal of hazardous used oils. A used oil that is identified as a hazardous waste and which cannot be recycled in accordance with this Part must be managed in accordance with the hazardous waste management requirements of 35 Ill. Adm. Code 702, 703, …

Section 739.182 Use As a Dust Suppressant The use of used oil as a dust suppressant is prohibited. (Source: Amended at 28 Ill. Reg. 10706, effective July 19, 2004)

Section 740.100 Purpose The purposes of this Part are: a) To establish the procedures for the investigative and remedial activities at sites where there is a release, threatened release, or suspected release of hazardous substances, pesticides, or petroleum and for the review and…

Section 740.105 Applicability a) The procedures set forth in this Part may be used by any person required under the Act or electing to perform investigative or remedial activities at a site where there is a release, threatened release, or suspected release of hazardous substances…

Section 740.110 Permit Waiver A State permit or permit revision which is not otherwise required by federal law or regulations shall not be required for remedial activities undertaken pursuant to the provisions of this Part that occur entirely on the remediation site. (Section 58.…

Section 740.115 Agency Authority Nothing in this Part shall limit the authority of the Agency to provide notice under subsection (q) of Section 4 of the Act or to undertake investigative, preventive or corrective action under any other applicable provisions of the Act. (Section 5…

Section 740.120 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 shall be the same as that applied to the same words or terms in the Environmental Protection Act…

Section 740.125 Incorporations by Reference The Board incorporates the following material by reference. These incorporations include no later amendments or editions. a) ASTM. American Society for Testing Materials, 100 Barr Harbor Drive, West Conshohocken, PA 19428-2959. (610) 29…

Section 740.130 Severability If any Section, subsection, sentence or clause of this Part is judged invalid, such adjudication shall not affect the validity of this Part as a whole or any Section, subsection, sentence or clause thereof not judged invalid. SUBPART B: APPLICATIONS A…

Section 740.200 General This Subpart sets forth the requirements to be followed by Remediation Applicants (RA) in applying for review and evaluation services from the Agency, provides for approval or denial of applications by the Agency, and sets forth the requirements to be foll…

Section 740.205 Submittal of Application and Agreement Site Remediation Program Applications (Applications) and Review and Evaluation Services Agreements (Agreements) shall be submitted to the Agency on forms prescribed and provided by the Agency with attachments as necessary. Ap…

Section 740.210 Contents of Application and Agreement a) The Application shall, at a minimum, contain the following information: 1) The full legal name, address, and telephone number of the RA, the remediation site owner, if different from the RA, and any authorized agents acting…

Section 740.215 Approval or Denial of Application and Agreement a) The Agency shall have 30 days from the receipt of an Application to approve or deny the Application. The Agency's record of the date of receipt of an Application shall be deemed conclusive unless a contrary date i…

Section 740.220 Acceptance and Modification of Application and Agreement a) A signed Agreement shall become effective upon approval by the Agency of the Application and the receipt of the advance partial payment in an amount determined under Section 740.210(c) of this Part. b) Up…

Section 740.225 Termination of Agreement by the Remediation Applicant (RA) a) An RA requesting services under this Part may, at any time, notify the Agency, in writing, that Agency services previously requested are no longer wanted. Within 180 days after receipt of the notice, th…

Section 740.230 Termination of Agreement by the Agency a) The Agency may terminate the Review and Evaluation Services Agreement if the RA: 1) Fails to comply with the requirements of Title XVII of the Act or this Part; 2) Violates any terms or conditions or fails to fulfill any o…

Section 740.235 Use of Review and Evaluation Licensed Professional Engineer (RELPE) An RA may elect to contract with a Licensed Professional Engineer who will perform review and evaluation services on behalf of and under the direction of the Agency relative to the site activities…

Section 740.300 General This Subpart sets forth the requirements to be followed in requesting and submitting payments for Agency costs incurred under this Part.

Section 740.305 Recordkeeping for Agency Services a) Costs incurred by the Agency shall be tracked within the Agency by the use of site-specific codes. The following types of costs shall be documented as applicable: 1) Personal services costs and indirect costs; 2) Agency travel …

Section 740.310 Request for Payment a) The Agency shall prepare a written request for payment for costs incurred for services provided under the Agreement. Costs shall be documented, and the documentation shall be made available to the RA upon written request. Requests for paymen…

Section 740.315 Submittal of Payment Unless appealed in accordance with Section 740.310(c) of this Part, payments for costs incurred by the Agency for the performance of services under this Part shall be submitted to the Agency within 45 days after receipt of the request for paym…

Section 740.320 Manner of Payment Payment shall be made by check or money order made payable to "Treasurer – State of Illinois, For Deposit in the Hazardous Waste Fund." The check or money order shall include the Illinois inventory identification number and the Federal Employer I…

Section 740.400 General This Subpart sets forth the requirements for site investigations, determination of remediation objectives, and the form and content of plans and reports submitted to the Agency under this Part.

Section 740.405 Conduct of Site Activities and Preparation of Plans and Reports by Licensed Professional Engineer (LPE) All remediation site activities shall be conducted by, or under the supervision of, a Licensed Professional Engineer (LPE). All plans and reports submitted for …

Section 740.410 Form and Delivery of Plans and Reports, Signatories and Certifications a) All plans and reports prepared under this Part shall be submitted to the Agency on forms prescribed and provided by the Agency with attachments and accompanying documentation as necessary. P…

Section 740.415 Site Investigation – General A site investigation shall be performed under this Part to identify, as indicated within the RA's application for review and evaluation services, all or specified recognized environmental conditions existing at the remediation site, th…

Section 740.420 Comprehensive Site Investigation The comprehensive site investigation is designed to identify all recognized environmental conditions and all related contaminants of concern that may be expected to exist at a remediation site. The comprehensive site investigation …

Section 740.425 Site Investigation Report – Comprehensive Site Investigation a) Site investigation results for both phase I and phase II of the comprehensive site investigation shall be combined into one Site Investigation Report. b) A Site Investigation Report for a comprehensiv…

Section 740.430 Focused Site Investigation The focused site investigation shall be performed where the RA has specified limitations on the recognized environmental conditions or contaminants of concern to be covered by the No Further Remediation Letter. At a minimum the focused s…

Section 740.435 Site Investigation Report – Focused Site Investigation a) Data and results from the focused site investigation shall be combined into one Site Investigation Report. b) A Site Investigation Report for the focused site investigation shall include the results and met…

Section 740.440 Determination of Remediation Objectives a) If the site investigation reveals evidence of the existence of one or more contaminants of concern, the RA shall develop remediation objectives in accordance with 35 Ill. Adm. Code 742 or other remediation measures as app…

Section 740.445 Remediation Objectives Report The Remediation Objectives Report shall address the recognized environmental condition(s) and related contaminants of concern that were identified in the site investigation conducted pursuant to this Part. a) If an exposure route is t…

Section 740.450 Remedial Action Plan If the approved remediation objectives for any regulated substance of concern established under Sections 740.440 and 740.445 of this Part are less than the levels at the remediation site prior to any remedial action, the RA shall prepare a Rem…

Section 740.455 Remedial Action Completion Report a) Except as provided in subsection (b) below, upon completion of the Remedial Action Plan, the RA shall prepare a Remedial Action Completion Report. The report shall demonstrate whether the remedial action was completed in accord…

Section 740.500 General This Subpart sets forth the requirements for the review of plans and reports submitted under this Part. All plans and reports shall satisfy the requirements for form and delivery set forth in Section 740.410 of this Part.