Illinois Administrative Code

Section 1501.410 Eligibility a) An owner or operator, subject to the terms and conditions of the DERT Fund Act and this Part, may purchase environmental liability coverage under the Fund if: 1) a site investigation designed to identify soil and groundwater contamination resulting…

Section 1501.420 Premium and Deductible Requirements a) Premiums 1) The annual premium for insurance coverage will be: A) For the year July 1, 2020 through June 30, 2021, and for subsequent years through June 30, 2029, $1,500 per drycleaning facility per coverage year. B) For Jul…

Section 1501.430 Coverage Limitations a) Coverage must be limited to approved remedial action costs associated with soil and groundwater contamination resulting from a release of drycleaning solvent at an insured drycleaning facility, including third-party liability of the owner …

Section 1501.440 Claim Prioritization a) The Agency must prioritize insurance coverage payments from the Fund whenever the Agency determines that there are not sufficient funds to pay all vouchers to be forwarded to the Comptroller under Sections 1501.350(d) and 1501.450(d). b) I…

Section 1501.450 Claim Procedures a) General 1) Claimants seeking reimbursement under insurance coverage must follow all applicable claim procedures in this Section. Except as provided in Section 77 of the DERT Fund Act, the Agency cannot review or modify final decisions made by …

Section 1600.100 Purpose and Scope (Repealed) (Source: Repealed at 43 Ill. Reg. 11637, effective September 25, 2019)

Section 1600.105 Applicability (Repealed) (Source: Repealed at 43 Ill. Reg. 11637, effective September 25, 2019)

Section 1600.110 Definitions Unless otherwise provided in this Section, or unless a different meaning of a word or term is clear from the context, the definitions of the Environmental Protection Act apply to the same words or terms in this Part. "Act" means the Environmental Prot…

Section 1600.115 Severability If any provision or its application to any person or circumstance is adjudged invalid, the adjudication will not affect the validity of this Subtitle as a whole or any Subpart, Section, subsection, sentence or clause not adjudged invalid. (Source: Am…

Section 1600.200 Purpose and Scope Subpart B establishes minimum standards and requirements for performing potable water supply well surveys to ensure these wells are accurately identified and located to determine the impacts and potential impacts to these wells from soil, soil g…

Section 1600.205 Applicability a) Subpart B applies to persons required under Board rules to perform response actions for soil and groundwater contamination. The standards and requirements of this Subpart apply if, as part of the response action, a well survey is required to dete…

Section 1600.210 Procedures for Potable Water Supply Well Surveys a) When Board rules require a well survey to determine the existence and location of potable water supply wells, the following must be identified: 1) All private, semi-private, and non-community water system wells …

Section 1600.300 Purpose and Scope a) Subpart C establishes minimum standards and requirements for an authorized party developing and implementing community relations activities under Title IV-D of the Act. Community relations activities must fully inform communities and individu…

Section 1600.305 Applicability a) When the Agency determines that it must provide notice under Section 25d-3(a) of the Act, the Agency may authorize a person to provide the notice as part of the Agency-approved community relations activities developed and implemented under this S…

Section 1600.310 Notices and Community Relations Plans for Limited Community Relations Activities a) An authorized party must develop a notice and CRP consisting of a contact list and fact sheet under this Section if, at five or fewer offsite properties or potable supply wells ot…

Section 1600.315 Notices, Fact Sheet and Community Relations Plans for Expanded Community Relations Activities a) An authorized party must develop a notice, CRP, and fact sheet under this Section if: 1) At more than five offsite properties or potable water supply wells other than…

Section 1600.320 Establishment of Document Repository An authorized party developing a CRP under Section 1600.315 also must establish a document repository for document viewing and copying. The document repository must be available online. A document repository at a physical loca…

Section 1600.325 Submission of Notices, Contact Lists, and Fact Sheets and Community Relations Plans for Review a) Except as provided in subsection (b) or Section 1600.330(d), within 30 days after the date of acceptance, the authorized party must: 1) Submit to the Agency a notice…

Section 1600.330 Agency Reviews of Notices, Contact Lists, Fact Sheets and Community Relations Plans a) The Agency has 30 days from receipt of a notice, contact list, fact sheet, CRP, or related updates to conduct a review approving, approving with conditions or modifications, or…

Section 1600.335 Implementation of Community Relations Plans and Distribution of Notices and Fact Sheets; Records Retention a) Implementing the CRP or distributing a notice or fact sheet must begin within five days after receiving the Agency's approval of the document or within t…

Section 1600.340 Compliance An authorized party must comply with the requirements of Subpart C or the provisions of community relations activities approved by the Agency. (Source: Amended at 43 Ill. Reg. 11637, effective September 25, 2019)

Section 1600.APPENDIX A Contents of a Model Community Relations Plan This Appendix A lists the four key elements of a CRP for an authorized party proceeding under Section 1600.315 and several factors that might be included with each element in a CRP prepared for the site where th…

Section 1662.100 Purpose This Part sets forth costs for which persons may be liable to the State under Section 25d-3(d) of the Act.

Section 1662.105 Applicability The costs set forth in this Part may be collected from any person who is: a) a responsible party with respect to the release or substantial threat of release for which notice is given pursuant to Section 25d-3 of the Act; or b) a remedial applicant …

Section 1662.110 Definitions "Act" means the Environmental Protection Act [415 ILCS 5]. "Agency" is the Environmental Protection Agency established by the Environmental Protection Act. (Section 3.105 of the Act) "Agency travel costs" means costs incurred and documented for travel…

Section 1662.115 Severability If any provision of this Part or its application to any person or under any circumstance is adjudged invalid, that adjudication does not affect the validity of this Part as a whole or of any portion not adjudged invalid.

Section 1662.120 Right-To-Know Notice Costs a) Responsible parties and remedial applicants are liable for the following costs incurred by the Agency in giving the notice pursuant to Section 25d-3 of the Act: 1) Personnel costs; 2) Agency travel costs; 3) Site evaluation costs, in…

Section 1662.125 Request for Payment The Agency shall prepare a written request for payment for costs incurred in providing the notice pursuant to Section 25d-3 of the Act. Costs shall be documented, and the documentation shall be made available to the responsible party or remedi…

Section 1662.130 Submittal of Payment a) Payments for costs incurred by the Agency in providing the notice pursuant to Section 25d-3 of the Act must be submitted to the Agency within 45 days after receipt of the Agency's written request for payment. b) If payment is not received …

Section 1662.135 Manner of Payment a) Payment must be made by check or money order. The check or money order must identify the site name and address, Illinois inventory identification number, and Federal Employer Identification Number or Social Security Number of the responsible …

Section 1740.10 Purpose a) The Agency shall establish and administer a revolving loan program to be known as the "Brownfields Redevelopment Loan Program" for the purpose of providing loans to be used for site investigation, site remediation, or both, at brownfields sites. [415 IL…

Section 1740.20 Definitions The following definitions are applicable to this Part: "Act" means Environmental Protection Act [415 ILCS 5/58.15]. "Agency" or "IEPA" means the Illinois Environmental Protection Agency. "Aggregate Capital Investments" means all private capital investm…

Section 1740.30 Eligible Applicant As long as the project is eligible, there is no restriction against who may apply.

Section 1740.40 Eligible Projects The Department shall determine site eligibility. To qualify for site eligibility, the remediation applicant must certify that the site is an eligible site as defined in Section 1740.20, the site for which the Department's net economic benefit ass…

Section 1740.50 Application a) Procedures 1) Prior to submitting to DCEO an application to determine eligibility, applicants must first submit their proposed remediation costs to the Agency. The Agency shall make a pre-application assessment, which is non-binding on the Departmen…

Section 1740.60 Determination of Amount and Term of the Reimbursement Grant The Department shall determine the maximum amount of the reimbursement awarded under the Act. In determining the amount of the reimbursement that should be awarded, the Department may take into considerat…

Section 1740.70 Computation of Time for Response to Application Computation of any period of time prescribed by this Part shall begin with the first business day following the day on which the act, event or development initiating that period of time occurs and shall run until the…

Section 1740.80 Confidentiality Material submitted in the application may be subject to disclosure in response to requests received under provisions of the Freedom of Information Act [5 ILCS 140]. Information that could reasonably be considered to be proprietary, privileged or co…

Section 100.10 Definitions The following words and phrases have the meanings ascribed to them in this Section unless the context clearly requires otherwise: "Applicable Act" means the Residential Mortgage License Act of 1987 [205 ILCS 635], the Student Loan Servicing Rights Act […

Section 100.100 Failure to Appear a) Failure of the Petitioner, even if represented by an attorney, to appear at the time and place set for the Formal Hearing may be deemed a waiver of the right to present evidence or provide grounds for dismissal of the Petition for Hearing, as …

Section 100.110 Amendment and Withdrawal a) An Administrative Decision of the Secretary or Director may be withdrawn without prejudice or amended at any time, except in the course of the Formal Hearing, without leave or approval of the Administrative Law Judge. If an amended Admi…

Section 100.120 Requirement of an Answer; Default a) In contested cases, the Petitioner shall file an Answer to the Notice of Preliminary Hearing at least five days prior to the date of the Preliminary Hearing, unless otherwise provided by law or this Section. The Answer shall be…

Section 100.130 Discovery a) Discovery shall not be the subject of motions presented to the ALJ, except when a motion is made alleging failure to comply with this provision and requesting appropriate relief. b) Upon a written request served on the opposing Party, or by order of t…

Section 100.140 Subpoenas a) Upon request by the Petitioner, the Chief Administrative Law Judge, or their designated ALJ, will issue subpoenas for the attendance of witnesses or production of books, records, documents or other evidence; provided, however, that nothing in this Sec…

Section 100.15 Interpretive and Translational Assistance a) A self-represented litigant, a witness, or a litigant who is an indigent person has the right to request interpretive assistance to participate in or understand any formal proceeding conducted orally before an ALJ, and t…

Section 100.150 Prehearings a) After a case is instituted, upon the written motion of any Party, or on the Administrative Law Judge's own motion, the ALJ may direct the Parties to attend a prehearing. b) Upon the request of any Party, the prehearing will be conducted as a matter …

Section 100.160 Remote Proceedings a) Preliminary Hearings may be conducted remotely, either by teleconference or videoconference, provided that the Notice of Preliminary Hearing includes notice that the Preliminary Hearing will be conducted remotely and includes instructions for…