Illinois Administrative Code

Section 740.520 Standards for Review of Remedial Action Plans and Related Activities When reviewing Remedial Action Plans and related activities, the Agency or the RELPE shall consider: a) Whether the plan is complete and has been accompanied by the information and supporting doc…

Section 740.525 Standards for Review of Remedial Action Completion Reports and Related Activities When reviewing Remedial Action Completion Reports and related activities, the Agency or the RELPE shall consider: a) Whether the report is complete and has been accompanied by the in…

Section 740.530 Establishment of Groundwater Management Zones a) Except as provided in subsection (b) below, upon approval by the Agency of a Remedial Action Plan under Subpart E of this Part, groundwater that is the subject of the Remedial Action Plan shall automatically be clas…

Section 740.535 Establishment of Soil Management Zones a) Soil Management Zone 1) The purpose of a soil management zone (SMZ) is to allow consideration and approval of on-site solutions to on-site soil contamination without violating the solid waste disposal regulations at 35 Ill…

Section 740.600 General Subpart F provides for the issuance of No Further Remediation Letters following the satisfactory completion of investigative and remedial activities in accordance with Title XVII of the Act and this Part. Subpart F also sets forth the fee for the No Furthe…

Section 740.605 Issuance of No Further Remediation Letter a) Except as provided in Section 740.615 below, within 30 days after the Agency's approval of a Remedial Action Completion Report, the Agency shall issue a No Further Remediation Letter applicable to the remediation site. …

Section 740.610 Contents of No Further Remediation Letter a) Except as provided in subsection (b) below, a No Further Remediation Letter issued pursuant to Section 58.10 of the Act shall be limited to and include all of the following: 1) An acknowledgement that the requirements o…

Section 740.615 Payment of Fees a) The Agency may deny or void a No Further Remediation Letter if fees applicable under the Review and Evaluation Services Agreement have not been paid in full. [415 ILCS 5/58.10(c)] The manner of payment shall be in accordance with Section 740.320…

Section 740.620 Duty to Record No Further Remediation Letter a) Except as provided in Sections 740.621 and 740.622 of this Part, the RA receiving a No Further Remediation Letter from the Agency pursuant to Title XVII of the Act and this Subpart F shall submit the letter, and, whe…

Section 740.621 Requirements for No Further Remediation Letters Issued to Illinois Department of Transportation Remediation Sites Located in Rights-of-Way a) To perfect a No Further Remediation Letter for a remediation site of the Illinois Department of Transportation (IDOT) loca…

Section 740.622 Requirements for Perfection of No Further Remediation Letters Issued to Federal Landholding Entities Without Authority to Record Institutional Controls a) For sites on Federally Owned Property subject to this Part for which the Federal Landholding Entity does not …

Section 740.625 Voidance of No Further Remediation Letter a) The No Further Remediation Letter shall be voidable if the remediation site activities are not managed in full compliance with the provisions of Title XVII of the Act, this Part, or the approved Remedial Action Plan or …

Section 740.700 General This Subpart sets forth the procedures to be followed by an RA to obtain Agency review and approval of remediation costs before applying for the environmental remediation tax credit under Section 201(l) of the Illinois Income Tax Act [35 ILCS 5/201(l)]. It…

Section 740.705 Preliminary Review of Estimated Remediation Costs a) The RA for any remediation site enrolled in the Site Remediation Program may request a preliminary review of estimated remediation costs by submitting a budget plan along with the Remedial Action Plan required u…

Section 740.710 Application for Final Review of Remediation Costs a) The RA for any remediation site enrolled in the Site Remediation Program may submit an application for final review of remediation costs. No application shall be submitted until a No Further Remediation Letter h…

Section 740.715 Agency Review of Application for Final Review of Remediation Costs a) The Agency shall review the application for final review of remediation costs to determine, in accordance with Sections 740.725 and 740.730 of this Part, whether the costs incurred are remediati…

Section 740.720 Fees and Manner of Payment a) The fee for the preliminary review of estimated remediation costs conducted under Section 740.705 of this Subpart shall be as follows: 1) Except as provided in subsection (a)(2) of this Section, the fee for the preliminary review shal…

Section 740.725 Remediation Costs a) Activities, materials, labor, equipment, structure and service costs that may be approved by the Agency as remediation costs for the environmental remediation tax credit under Section 201(l) of the Illinois Income Tax Act [35 ILCS 5/201(l)] in…

Section 740.730 Ineligible Costs Costs ineligible for the environmental remediation tax credit under Section 201(l) of the Illinois Income Tax Act [35 ILCS 5/201(l)] include, but are not limited to, the following: a) Costs not incurred by the RA; b) Costs incurred for activities,…

Section 740.800 General a) The purpose of Subpart H is to ensure that children and the general public are not exposed to harmful pollutants at a remediation site intended for future use as a school that has been enrolled in the Site Remediation Program, thereby protecting human h…

Section 740.805 Requirements Prior to Public Use A remediation site, or any building or structures contained within the boundary lines of the site, that is enrolled in the Site Remediation Program and is intended for future use as a school shall not be made available for use by c…

Section 740.810 Engineered Barriers and Institutional Controls a) The RA or any subsequent transferee of a remediation site subject to this Subpart H shall arrange with an LPE for an inspection of the remediation site within 120 days before every fifth anniversary of the date of …

Section 740.815 Public Notice of Site Remedial Action Plan a) No later than 10 days after receipt of the Agency's notice of acceptance into the Site Remediation Program of a remediation site intended for future use as a school, the RA shall mail written notice to interested and a…

Section 740.820 Establishment of Document Repository No later than 10 days after receipt of the Agency's notice of acceptance into the Site Remediation Program of a remediation site intended for future use as a school, the RA shall establish a repository where all documents prepa…

Section 740.825 Fact Sheet No later than 10 days after submission to the Agency of the initial Remedial Action Plan for a remediation site intended for future use as a school, the RA shall mail to interested and affected persons, public officials, and organizations a Fact Sheet. …

Section 740.900 General a) This Subpart sets forth the procedures an RA must follow to obtain Agency review, a final determination and payment of remediation costs under the Brownfields Site Restoration Program. It contains procedures for preliminary reviews of estimated remediat…

Section 740.901 Pre-application Assessment and Eligibility Determination a) Prior to submitting an application to determine eligibility to DCEO, a Remediation Applicant shall first submit to the Agency its proposed remediation costs. The Agency shall make a pre-application assess…

Section 740.905 Preliminary Review of Estimated Remediation Costs a) A Remediation Applicant may obtain a preliminary review of estimated remediation costs for the development and implementation of a Remedial Action Plan, required under Section 740.450 of this Part, by submitting…

Section 740.910 Application for Final Review and Payment of Remediation Costs Following Perfection of No Further Remediation Letter a) The RA for any site enrolled in the Site Remediation Program may submit an application for final review and payment of remediation costs followin…

Section 740.911 Application for Review and Payment of Remediation Costs Prior to Perfection of No Further Remediation Letter a) An application for review of remediation costs may be submitted to the Agency prior to the issuance of a No Further Remediation Letter (or an affidavit …

Section 740.915 Agency Review of Application for Payment of Remediation Costs a) The Agency must review each application submitted pursuant to Section 740.910 or Section 740.911 to determine, in accordance with Sections 740.925 and 740.930 of this Part, whether the costs submitte…

Section 740.920 Fees and Manner of Payment a) The fee for the preliminary review of estimated remediation costs conducted under Section 740.905 of this Part shall be $500 for each remediation site reviewed. (Derived from 415 ILCS 5/58.15(B)(j)(2)) b) The fee for the final review …

Section 740.925 Remediation Costs a) Activities, materials, labor, equipment, structure and service costs that may be approved by the Agency as remediation costs for payment under this Subpart include, but are not limited to, the following: 1) Preparation of bid documents and con…

Section 740.930 Ineligible Costs Costs ineligible for payment include, but are not limited to, the following: a) Costs not incurred by the RA, including: 1) Costs incurred for activities, materials, labor or services relative to remediation at a site other than the site for which…

Section 740.APPENDIX B Review and Evaluation Licensed Professional Engineer Information • Firm name. • Address. • Telephone/fax. • Principal officials and titles. • Number of full-time employees. • Business structure (corporation, partnership, LLP, LLC, PSC). • Licensed by Secret…

Section 740.TABLE B Semivolatile Organic Analytical Parameters CAS No. Compound Method 108-95-2 Phenol 8270C 111-44-4 bis(2-Chloroethyl) ether 8270C 95-57-8 2-Chlorophenol 8270C 95-50-1 1,2-Dichlorobenzene 8270C 541-73-1 1,3-Dichlorobenzene 8270C 106-46-7 1,4-Dichlorobenzene 8270…

Section 741.100 Purpose The purpose of this Part is to establish procedures under which the Board will allocate proportionate shares of the performance or costs of a response resulting from the release or substantial threat of a release of regulated substances or pesticides on, i…

Section 741.105 Applicability a) This Part applies to proceedings before the Board in which: 1) Any person seeks, under the Environmental Protection Act [415 ILCS 5] or the Groundwater Protection Act [415 ILCS 55], to require another person to perform, or to recover the costs of,…

Section 741.110 Definitions Except as stated in this Section, or unless a different meaning of a word or term is clear from the context, the definition of words or terms in this Part is the same as that applied to the same words or terms in the Environmental Protection Act [415 I…

Section 741.115 Discovery Before an Action is Filed a) Any person who wishes to engage in discovery before filing an action seeking proportionate shares may file a petition with the Board for discovery for the sole purpose of identifying persons who may have proximately caused or…

Section 741.120 Section 58.9(b) Notice In the event the State of Illinois seeks to require a person who may be liable pursuant to the Act to conduct a response for a release or threatened release of a regulated substance, the Agency shall provide notice to such person. Such notic…

Section 741.125 Notice to Agency A person seeking allocation of proportionate shares must serve a copy of the complaint, or the petition under Subpart C of this Part, on the Agency within 30 days after the filing of the complaint or petition. Such person must serve the Agency pur…

Section 741.130 Discovery After an Action is Filed a) Within time limits set by the hearing officer, each party to a proceeding in which allocation of proportionate shares is sought must compile any and all documents within its possession or control pertaining to the release or t…

Section 741.135 Allocation Factors In determining proportionate shares under this Part, the Board will consider any or all factors related to the degree to which the performance or costs of a response result from a person's proximate causation of or contribution to the release or…

Section 741.140 Relief from Final Orders a) On written motion by any party, the Board, for any of the reasons set forth in 35 Ill. Adm. Code 101.301(b), may provide relief from a final order in which the Board allocated proportionate shares. b) Relief under subsection (a) of this…

Section 741.145 Severability If any Section, subsection, sentence or clause of this Part is judged invalid, such adjudication does not affect the validity of this Part as a whole or any Section, subsection, sentence or clause thereof not judged invalid. SUBPART B: ALLOCATION OF P…

Section 741.200 General This Subpart sets forth the procedures that apply when a complaint is filed with the Board that seeks, under the Act or the Groundwater Protection Act [415 ILCS 55], to require any person to perform a response that results from a release or substantial thr…