AUTHORITY: Implementing Sections 25d-3(c) and 25d-7(a) and authorized by Section 25d-7(a) of the Environmental Protection Act [415 ILCS 5].

SOURCE: Adopted in R06-23 at 30 Ill. Reg. 15756, effective September 15, 2006; amended in R14-23 at 39 Ill. Reg. 3968, effective February 26, 2015; amended in R18-30 at 43 Ill. Reg. 11637, effective September 25, 2019.

SUBPART A: GENERAL

 

Section 1600.100  Purpose and Scope (Repealed)

 

(Source:  Repealed at 43 Ill.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Section 1600.105  Applicability (Repealed)

 

(Source:  Repealed at 43 Ill.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 Protection Act [415 ILCS 5].

 

"Agency" is the Illinois Environmental Protection Agency.  [415 ILCS 5/3.105]

 

"Authorized party" means a person authorized by the Agency under Section 25d-3(c) of the Act [415 ILCS 5] and Subpart C to provide notice as part of Agency-approved community relations activities in lieu of a notice required to be given by the Agency.

 

"Board" is the Pollution Control Board.  [415 ILCS 5/3.130]

 

"Building control technology" means any technology or barrier that affects air flow or air pressure within a building for purposes of reducing or preventing contaminant migration to the indoor air.

 

"Class I groundwater quality standards" means the Class I groundwater quality standards specified in 35 Ill. Adm. Code 620.410.

 

"Contaminant" is any solid, liquid or gaseous matter, any odor, or any form of energy, from whatever source.  [415 ILCS 5/3.165]

 

"CRP" means the community relations plan required under Title VI-D of the Act and Subpart C.

 

"Person" means 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, including the United States Government and each department, agency, and instrumentality of the United States.  [415 ILCS 5/58.2]

 

"Person performing a response action" means the person or persons taking responsibility for addressing a release by authorizing or approving the performance of a response action (e.g., Leaking Underground Storage Tank Program owner or operator, Site Remediation Program Remediation Applicant, permittees).  The phrase does not include persons who have been hired or authorized to perform the response action by the person taking responsibility for the release or persons with whom the person taking responsibility for the release has contracted or subcontracted to perform the response action.

 

"Release" means any spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, leaching, dumping, or disposing into the environment, but excludes any release which results in exposure to persons solely within a workplace, with respect to a claim which such persons may assert against the employer or such persons; emissions from the engine exhaust of a motor vehicle, rolling stock, aircraft, vessel, or pipeline pumping station engine; release of source, byproduct, or special nuclear material from a nuclear incident, as those terms are defined in the federal Atomic Energy Act of 1954, if such release is subject to requirements with respect to financial protection established by the Nuclear Regulatory Commission under Section 170 of such Act; and the normal application of fertilizer.  [415 ILCS 5/3.395]

 

"Response action" means any action or series of actions taken to address a release of contaminants or its effects as may be necessary or appropriate to protect human health or the environment.  A response action may include release investigation and characterization, soil remediation, and groundwater remediation.

 

"Soil gas" means the air existing in void spaces in the soil between the groundwater table and the ground surface. [415 ILCS 5/25d-1]

 

"Tier 1 remediation objectives" means the Tier 1 remediation objectives specified in 35 Ill. Adm. Code 742.

 

"Volatile chemicals" means chemicals with a Dimensionless Henry's Law Constant of greater than 1.9 x 10^-2 or a vapor pressure greater than 0.1 Torr (mmHg) at 25°C.  For purposes of the indoor inhalation exposure route, elemental mercury is included in this definition.

 

(Source:  Amended at 43 Ill. Reg. 11637, effective September 25, 2019)

 

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:  Amended at 43 Ill. Reg. 11637, effective September 25, 2019)

SUBPART B: STANDARDS AND REQUIREMENTS FOR POTABLE WATER SUPPLY WELL SURVEYS

 

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 gas, or groundwater contamination.  The effects of soil contamination on groundwater contamination are evaluated as the soil component of the groundwater ingestion exposure route using modeling as referenced in this Subpart.  This Subpart sets forth the procedures persons must use when performing these well surveys and documenting the results in reports to the Agency.

 

(Source:  Amended at 43 Ill. Reg. 11637, effective September 25, 2019)

 

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 determine the existence and location of potable water supply wells.  The person performing the well survey must also identify and locate setback zones and regulated recharge areas associated with the wells.

 

1)         Subpart B does not contain an independent requirement to perform a potable water supply well survey.  If Board rules governing the response action require a well survey as part of the response action, Subpart B sets forth the minimum standards and requirements for performing that well survey and documenting it for submission to the Agency.  The Board's response action rules also govern submission and review of well survey documentation and appeals of Agency final determinations regarding well survey procedures and reporting.

 

2)         Board rules requiring potable water supply well surveys as part of response actions may supersede the requirements of Subpart B only to the extent their express provisions are equivalent to, or more stringent than, the standards and requirements of this Subpart.

 

b)         Nothing in Subpart B is intended to prohibit the use of all or some of the standards and requirements set forth in this Subpart in other rules or contexts as authorized by those rules, Board or court orders, or other applicable law.

 

(Source:  Amended at 43 Ill. Reg. 11637, effective September 25, 2019)

 

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 located at the property where the release occurred or within 200 feet of the property where the release occurred;

 

2)         All community water system (CWS) wells located at the property where the release occurred or within 2,500 feet of the property where the release occurred; and

 

3)         All setback zones and regulated recharge areas in which all or any portion of the property where the release occurred is located.

 

b)         The person performing the well survey must take action to identify the wells and associated protected areas, including the following:

 

1)         Contacting the Agency's Division of Public Water Supplies to identify community water system wells and associated setback zones and regulated recharge 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 system wells, and their setback zones; and

 

3)         Contacting the local public water supply entities to identify properties that receive potable water from a public water supply.

 

c)         In addition to  subsections (a) and (b), persons subject to Subpart B may be required to expand the area of the potable water supply well survey.

 

1)         An expanded well survey is required if measured or modeled groundwater contamination extends beyond a boundary of the property where the release occurred in concentrations exceeding the remediation objectives of 35 Ill. Adm. Code 742.Appendix B: Table E for the groundwater ingestion exposure route or the groundwater quality standards at 35 Ill. Adm. Code 620 (e.g., Class I, Class III). 

 

A)        If there is no Table E objective or Part 620 standard, the Agency will determine or approve an objective according to 35 Ill. Adm. Code 620.Subpart F. 

 

B)        The extent of modeled groundwater contamination must be determined using the procedures of 35 Ill. Adm. Code 742 or another model approved by the Agency.  When modeling the extent of groundwater contamination, the modeling must include the impact from soil contamination in concentrations exceeding the remediation objectives for the soil component of the groundwater ingestion exposure route.

 

2)         At a minimum, the expanded well survey must identify the following:

 

A)        All private, semi-private, and non-community water system wells located within 200 feet, and all community water system wells located within 2,500 feet, of the measured or modeled groundwater contamination exceeding the remediation objectives of Part 742 for the groundwater ingestion exposure route or Part 620 groundwater quality standards; and

 

B)        All setback zones and regulated recharge areas in which any portion of the measured or modeled groundwater contamination exceeding the remediation objectives of Part 742 for the groundwater ingestion exposure route or Part 620 remediation objectives is located.

 

d)         The Agency may, based on site-specific circumstances or information collection deficiencies (e.g., incomplete, conflicting or imprecise information, information assembled from unverified sources), require additional investigation to determine the existence or location of potable water supply wells, setback zones or regulated recharge areas.  The additional investigation may include physical well surveys (e.g., interviewing property owners, investigating individual properties for wellheads, distributing door hangers or other materials requesting information about the existence of potable water supply wells).

 

e)         Documentation of a potable water supply well survey conducted under this Section must include the following:

 

1)         One or more maps to a scale depicting the following:

 

A)        The locations of the community water system wells and other potable water supply wells identified under this Section;

 

B)        The location and extent of setback zones and regulated recharge areas identified under this Section; and

 

C)        The areas identified in subsections (A) and (B) in relation to the measured or modeled groundwater contamination exceeding the remediation objectives of Part 742 for the groundwater ingestion exposure route or Part 620 groundwater quality standards;

 

2)         One or more tables listing the setback zones and regulated recharge areas for each community water system well and other potable water supply wells identified under this Section; and

 

3)         A narrative that, at a minimum, lists each entity contacted to identify potable water supply wells and protected areas, the name and title of each person contacted, and any field observations while identifying and locating potable water supply wells.

 

(Source:  Amended at 43 Ill. Reg. 11637, effective September 25, 2019)

SUBPART C: STANDARDS AND REQUIREMENTS FOR COMMUNITY RELATIONS ACTIVITIES

 

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 individuals in a timely manner about offsite impacts or potential impacts from soil, soil gas, or groundwater contamination and the responses to those impacts.  Subpart C contains the minimum requirements for the content, submission for review, distribution and implementation of notices, contact lists, fact sheets and CRPs, and the establishment and maintenance of document repositories.

 

b)         Subpart C Not a Limitation:

 

1)         Nothing in this Subpart is intended to prohibit a person from implementing other community relations activities sooner than required, or under circumstances in addition to those described, in this Subpart.  The Agency may recommend alternative times and other circumstances for performing community relations activities and may assist in developing and implementing these activities.

 

2)         Nothing in Subpart C is intended to limit the Agency's authority to provide independent notice of threatened exposure from soil, soil gas, or groundwater contamination, according to Title VI-D of the Act [415 ILCS 5/25d-1 through 25d-10] or under any other authority.

 

(Source:  Amended at 43 Ill. Reg. 11637, effective September 25, 2019)

 

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 Subpart.

 

b)        A person must develop and implement community relations activities under this Subpart only if:

 

1)         The Agency informs the person in writing that a notice must be issued under Section 25d-3(a) of the Act;

 

2)          In that same writing, the Agency offers the person the opportunity to provide the notice in lieu of the Agency issuing it; and

 

3)          The person accepts the Agency's offer and notifies the Agency in writing within seven days after receiving the Agency's offer letter (unless a longer period is provided in the offer letter) that the person intends to provide the notice in place of the Agency as part of the community relations activities developed and implemented under Subpart C.

 

c)        Limited community relations activities apply when five or fewer offsite properties or potable supply wells, other than a community water supply well, are impacted by the release.  Expanded community relations activities apply when one or more public water supply wells or more than five offsite properties or potable supply wells, other than a community water supply well, are impacted by the release.

 

1)         Limited community relations activities include developing a notice, contact list, and fact sheet.  (Refer to Section 1600.310 for more specific information.)

 

2)         Expanded community relations activities include developing a notice, CRP, and fact sheet, as well as establishing a document repository.  (Refer to Section 1600.315 for more specific information.)

 

d)        Nothing in Subpart C is intended to prohibit the use of all or some of the standards and requirements under this Subpart in other rules or contexts as authorized by those rules, Board or court orders, or other applicable law.

 

(Source:  Amended at 43 Ill. Reg. 11637, effective September 25, 2019)

 

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 other than a community water supply well, the:

 

1)         Measured or modeled groundwater contamination from the site where the release occurred (including the impact from soil contamination in concentrations exceeding the applicable remediation objectives for the soil component of the groundwater ingestion exposure route) poses a threat above the Class I groundwater quality standards;

 

2)         Measured offsite groundwater contamination from volatile chemicals from the site where the release occurred poses a threat of indoor inhalation exposure above the appropriate Tier 1 remediation objectives for the current uses;

 

3)         Offsite soil contamination from the site where the release occurred poses a threat of exposure above the appropriate Tier 1 remediation objectives for the current uses; or

 

4)         Measured offsite soil gas contamination from the site where the release occurred poses a threat of exposure above the appropriate Tier 1 remediation objectives for the current uses.

 

b)        Notice and CRP

 

1)         Notices issued under this Section must be distributed to the contact list according to Section 1600.335 and may contain the following information:

 

A)        The name and address of the site or facility where the release occurred or is suspected to have occurred;

 

B)        The identification of the contaminant released or suspected to have been released;

 

C)        Information as to whether the contaminant was released or suspected to have been released into the air, land, or water;

 

D)        A brief description of the potential adverse health effects posed by the contaminant;

 

E)        A recommendation that water systems with wells impacted or potentially impacted by the contamination be appropriately tested; and

 

F)         The name, business address, and phone number of persons at the Agency from whom additional information about the release or suspected release can be obtained.  [415 ILCS 5/25d-3(c)]

 

2)         A contact list must be prepared by the authorized party consisting of affected, potentially affected, and interested persons, including:

 

A)        Owners of offsite properties served by private, semi-private, or non-community water system wells that have been or may be impacted by groundwater contamination from the release;

 

B)        Owners of offsite properties without potable water supply wells but with groundwater that has been or may be impacted by groundwater contamination from the release;

 

C)        Owners of offsite properties with buildings located above groundwater with measured contamination from volatile chemicals posing a threat of indoor inhalation exposure above the appropriate Tier 1 remediation objectives for the current uses;

 

D)        Owners of offsite properties with soil contamination posing a threat of exposure above the appropriate Tier 1 remediation objectives for the current uses;

 

E)        Owners of offsite properties with measured soil gas contamination posing a threat of exposure above the appropriate Tier 1 remediation objectives for the current uses;

 

F)         Occupants of the properties identified in subsections (b)(2)(A), (b)(2)(C), (b)(2)(D), and (b)(2)(E) to the extent reasonably practicable, including the methods used in attempting to identify the occupants; and

 

G)        Government officials serving the affected or potentially affected properties, including  State and federal legislators, county board chairs and county clerks, mayors or village presidents, city or village clerks, and environmental health administrators for State and local health departments.  Officials of specialized districts (e.g., school, drainage, park districts) may be excluded from the contact list unless required under subsections (b)(2)(A) through (b)(2)(F).

 

3)         A fact sheet for the release and response action must be developed by the authorized party and distributed to the contact list according to Section 1600.335.  The fact sheet must be written clearly and concisely in non-technical, non-legal terminology.  The fact sheet and any required updates must contain, at a minimum, the following information if available:

 

A)        The nature and extent of the contaminants identified onsite and offsite where the release occurred;

 

B)        A brief description of the potential exposure pathways and the potential adverse public health effects posed by the contaminants;

 

C)        A description of the appropriate actions that affected or potentially affected persons should take to evaluate the potential threats to human health via a completed exposure pathway, including potable water supply well sampling, soil gas sampling, and any other actions, as well as any precautionary measures necessary to avoid or reduce public health impacts, if appropriate;

 

D)        A non-technical description of the proposed steps to address the contamination, such as soil excavation and treatment, disposal or redistribution, pump-and-treat, bio-remediation, reliance on engineered barriers or institutional controls, groundwater monitoring, building control technologies, and so forth;

 

E)        The anticipated remediation schedule through completion of the project, including any operation, maintenance, or monitoring following construction of the remedy;

 

F)         The closure documentation expected from the Agency (e.g., focused or comprehensive No Further Remediation (NFR) Letter, permit modification, or Section 4(y) letter) and a summary of the closure documentation (e.g., reliance on engineered barriers, institutional controls, or building control technologies);

 

G)        Responses to key community concerns as expressed by affected, potentially affected, and interested persons;

 

H)        The preparation date of the fact sheet, the name and contact information of the business, site, or facility representatives from whom information and site-related documents may be obtained;

 

I)         The name and contact information of the Agency's designated staff person; and

 

J)         An explanation of how additional information and site-related documentation can be obtained, including how to access the information by:

 

i)          Using the Agency's website;

 

ii)         Contacting the Agency's designated staff person; and

 

iii)        Filing a request with the Agency under  the Freedom of Information Act [5 ILCS 140].

 

c)         If any information under subsection (b)(3) is unavailable when submitting the fact sheet to the Agency,  an explanation detailing why the information is unavailable is required.  An estimate of when the missing information will be supplied in a revised fact sheet must also be included.

 

d)         Fact sheets and contact lists developed under this Section must be updated and redistributed whenever new information is obtained or  there is a material change to the information required or provided in the fact sheet (e.g., completion of site investigation and characterization of the nature and extent of contaminants, higher concentrations of contaminants than previously detected, evidence of additional contaminants of concern or of a larger area affected by contamination, approval of plans or reports, completion of response action activities).

 

(Source:  Amended at 43 Ill. Reg. 11637, effective September 25, 2019)

 

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 a community water supply well, the:

 

A)        Measured or modeled groundwater contamination from the site where the release occurred (including the impact from soil contamination in concentrations exceeding the applicable remediation objectives for the soil component of the groundwater ingestion exposure route) poses a threat above the Class I groundwater quality standards;

 

B)        Measured offsite groundwater contamination from volatile chemicals from the site where the release occurred poses a threat of indoor inhalation exposure above the appropriate Tier 1 remediation objectives for the current uses;

 

C)        Offsite soil contamination from the site where the release occurred poses a threat of exposure above the appropriate Tier 1 remediation objectives for the current uses; or

 

D)        Measured offsite soil gas contamination from the site where the release occurred poses a threat of exposure above the appropriate Tier 1 remediation objectives for the current uses; or

 

2)         At one or more community water supply wells, measured or modeled groundwater contamination from the site where the release occurred (including the impact from soil contamination in concentrations exceeding the applicable remediation objectives for the soil component of the groundwater ingestion exposure route) poses a threat above the Class I groundwater quality standards.

 

b)         Notice, CRP, and Fact Sheet

 

1)         Notices must be developed according to Section 1600.310(b)(1) and distributed to the contact list according to Section 1600.335.

 

2)         The CRP must be implemented according to Section 1600.335 and must include the following elements to the extent related to the contaminants addressed in the response action:

 

A)        A description of the site or facility and details of the release, including any related soil, soil gas, or groundwater contamination;

 

B)        A list of community issues and concerns collected from affected, potentially affected, and interested persons identified through the process outlined in subsection (b)(2)(D);

 

C)        A community relations program including elements of outreach, methods for maintaining a dialogue with affected, potentially affected, and interested persons, and a schedule for activities and objectives; and

 

D)        A contact list, along with the process for identifying and updating the list, consisting of affected, potentially affected, and interested persons, including:

 

i)          Owners of offsite properties served by private, semi-private, or non-community water systems that have been or may be impacted by groundwater contamination from the release;

 

ii)         Owners and operators of community water system wells that have been or may be impacted by groundwater contamination from the release;

 

iii)        Owners of offsite properties without potable water supply wells but with groundwater that has been or may be impacted by groundwater contamination from the release;

 

iv)        Owners of offsite properties with buildings located above groundwater with measured contamination from volatile chemicals posing a threat of indoor inhalation exposure above the appropriate Tier 1 remediation objectives for the current uses;

 

v)         Owners of offsite properties with soil contamination posing a threat of exposure above the appropriate Tier 1 remediation objectives for the current uses;

 

vi)        Owners of offsite properties with measured soil gas contamination posing a threat of exposure above the appropriate Tier 1 remediation objectives for the current uses;

 

vii)       Occupants of the properties identified in subsections (b)(2)(D)(i), (b)(2)(D)(iv), (b)(2)(D)(v), and (b)(2)(D)(vi) to the extent reasonably practicable.  The CRP must include the methods by which the authorized party will attempt to identify the occupants;

 

viii)      Government officials serving the affected and potentially affected properties, including federal and State legislators, county board chairpersons and county clerks, mayors or village presidents, city or village clerks, and environmental health administrators for State and county health departments.  Officials of specialized districts (e.g., school, drainage, park districts) may be excluded from the contact list unless required under subsections (b)(2)(D)(i) through (b)(2)(D)(vii), or (b)(2)(D)(ix); and

 

ix)        Citizens, identified groups, organizations or businesses within a minimum of 1,000 feet from the site where the release occurred that may have an interest in learning about affected and potentially affected properties.  These persons may include public and private school administrators, parent organization leaders; day care center, senior center, and nursing home management; neighborhood or homeowner association or other community leaders as identified; hospital and clinic management; and recognized environmental or citizen advisory groups.  If approved by the Agency, the initial minimum distance of 1,000 feet may be expanded or contracted as the CRP and contact list are updated based on new information developed during the response action.

 

3)         A fact sheet for the release and response action must be developed by the authorized party and distributed to the contact list according to Section 1600.335.  The fact sheet must be written clearly and concisely in non-technical, non‑legal terminology.  If a significant portion of the population surrounding the site where the release occurred is non-English speaking, the fact sheet and any updates to the fact sheet must be produced and distributed in English and any other predominant languages spoken in the affected area.  The fact sheet and any required updates must contain, at a minimum, the following information if available:

 

A)        The nature and extent of the contaminants identified on-site and off-site where the release occurred;

 

B)        A brief description of the potential exposure pathways and the adverse public health effects posed by the contaminants;

 

C)        A description of the appropriate actions that affected or potentially affected persons should take to evaluate the potential threats to human health via a completed exposure pathway, including potable water supply well sampling, soil gas sampling, and any other actions, and, if appropriate, any precautionary measures necessary to avoid or reduce public health impacts;

 

D)        A non-technical description of the proposed steps to address the contamination, including soil excavation and treatment, disposal or redistribution, pump-and-treat, bio-remediation, reliance on engineered barriers or institutional controls, groundwater monitoring, building control technologies, and so forth;

 

E)        The anticipated remediation schedule through completion of the project, including any operation, maintenance, or monitoring following construction of the remedy;

 

F)         The closure documentation expected from the Agency (e.g., focused or comprehensive NFR Letter, permit modification, or Section 4(y) letter) and a summary of the closure documentation (e.g., reliance on engineered barriers, institutional controls, or building control technologies);

 

G)        Responses to key community concerns expressed by affected, potentially affected, and interested persons;

 

H)        The website of the document repository established under Section 1600.320 and, if a physical location is also required, its address and hours;

 

I)         The date the fact sheet was prepared, the name and contact information of the individual from whom information and copies of repository and other site‑related documents may be obtained;

 

J)         The name and contact information of the Agency's designated staff person; and

 

K)        An explanation of how additional information and site-related documentation can be obtained, including how to access the information by:

 

i)          Using the Agency's website;

 

ii)         Contacting the Agency's designated staff person; and

 

iii)        Filing a request with the Agency under the Freedom of Information Act.

 

c)         If any information under subsection (b)(3) is unavailable when submitting the fact sheet to the Agency, an explanation detailing why the information is unavailable is required.  An estimate of when the missing information will be supplied in a revised fact sheet must also be included.

 

d)         Updates

 

1)         Fact sheets developed under subsection (b)(3) must be updated and redistributed whenever new information is obtained or there is a material change to the information required or provided in the fact sheet (e.g., completion of site investigation and characterization of the nature and extent of contaminants, higher concentrations of contaminants than previously detected, evidence of additional contaminants of concern or of a larger area affected by contamination, approval of plans or reports, completion of response action activities).

 

2)         The CRP, the contact list, and related documents under this Section must be reviewed on a regular basis and updated, as necessary, to ensure timely and accurate information is provided to affected, potentially affected, and interested persons and communities about contaminant releases with actual or potential impacts to offsite wells and offsite property uses.  A current version of the publicly available CRP must be kept in the document repository described in Section 1600.320.

 

e)         Appendix A of this Part contains the outline of a model CRP that may be appropriate for a site subject to this Section.

 

(Source:  Amended at 43 Ill. Reg. 11637, effective September 25, 2019)

 

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 location, as described under subsection (c), also must be established if a request for one at a physical location is made to the authorized party or the Agency.

 

a)         The document repository must include the notice, CRP, all public notices (e.g., proof of publication for newspaper or other published notices, letters, door hangers, or other forms of public notification), all fact sheets, all applications, plans and reports submitted to the Agency for review and approval and subsequent Agency comment packages, and all final determinations by the Agency, such as an NFR Letter, permit modification, or other project completion documentation.

 

1)         The authorized party must update the repository promptly and continuously as notices, fact sheets, plans, reports, comment packages, and Agency decisions are generated throughout the process.

 

2)         The documents must be created, organized and indexed so that affected, potentially affected, or interested persons can identify, locate, and download documents of interest.

 

3)         The repository must include the business, site or facility representative's contact information where inquiries can be directed and persons can request copies of repository documents and other site-related documents.

 

b)         Online Repositories

 

1)         Documents must be in a readily available format for downloading and printing (e.g., portable document format (.pdf), graphic interchange format (.gif), tagged image file format (.tiff), joint photographic group format (.jpg)) with links to download software for viewing and printing the documents.

 

2)         Documents that cannot be converted to a readily available format for downloading and printing must be described in the document index, identified as available upon request, and made available according to subsection (a)(3).

 

3)         System capacity must be sufficient to accommodate the anticipated number of viewers and to support the viewing and downloading of  repository documents.

 

c)         Repositories at Physical Locations

 

1)         Repositories at physical locations must be established no later than ten business days after receiving either a request for a repository at a physical location or Agency notification that a request has been made to the Agency, whichever is earlier.

 

2)         Repositories established at a physical location must be at a public location (e.g., public library, city hall) and open to the public at times convenient to affected, potentially affected, or interested persons.

 

d)         Information deemed trade secrets or non-disclosable under Board procedures at 35 Ill. Adm. Code 130 or Agency procedures at 2 Ill. Adm. Code 1828 may be redacted or excluded from the repository. Information to be added to the document repository also must be screened to ensure that personal information identifying affected, potentially affected, or interested persons or their exact property locations is not disclosed.

 

e)         The document repository must remain accessible for at least 180 days after the recording of the NFR Letter or Agency issuance of other project completion documentation (e.g., permit modification, closure letter, "4(y) letter" (see 415 ILCS 5/4(y))).

 

(Source:  Amended at 43 Ill. Reg. 11637, effective September 25, 2019)

 

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 and CRP satisfying the requirements of Section 1600.310(b) or a notice, CRP, fact sheet, and contact list satisfying the requirements of Section 1600.315(b); and

 

2)         Establish an online document repository if required under Section 1600.320.

 

b)         Updates of CRPs, fact sheets or contact lists  also must be submitted to the Agency for review within ten days after preparing the revised CRP or developing or obtaining new information that would materially change the information required or provided.

 

c)         If authorized by the Agency, CRPs, notices, contact lists or fact sheets may be filed in specified electronic formats.

 

(Source:  Amended at 43 Ill. Reg. 11637, effective September 25, 2019)

 

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 disapproving the documents.  All reviews must be based on the standards for review set forth in subsection (b).

 

1)         The Agency's record of the date it received a notice, contact list, fact sheet, or CRP will be deemed conclusive unless a contrary date is proved by a signed, dated receipt from the Agency or certified mail or registered mail.

 

2)         An authorized party may waive the period for review.

 

b)         When reviewing documents under this Section, the Agency must consider:

 

1)         Whether the notice complies with Section 1600.310(b)(1) or Section 1600.315(b)(1);

 

2)         Whether the CRP contains the elements required by Section 1600.315(b)(2);

 

3)         Whether the fact sheet contains the elements required by Section 1600.310(b)(3) or Section 1600.315(b)(3);

 

4)         Whether the information in the notice, contact list, fact sheet, or CRP is consistent with the information contained in the Agency's records and any field observations; and

 

5)         Whether the authorized party has clearly defined:

 

A)        Persons required to be included in the contact list for notices and fact sheets under Section 1600.310(b) or Section 1600.315(b); or

 

B)        The demographics of nearby populations potentially affected by or concerned about site activities for notification purposes under the CRP, including residences, businesses, day care centers, schools, nursing homes, hospitals and clinics.

 

c)         Upon completing the review, the Agency must notify the authorized party in writing whether the notice, contact list, fact sheet, or CRP is approved, approved with conditions or modifications, or disapproved.  The notification must be made by certified mail or registered mail postmarked with a date stamp and with return receipt requested, or by email with consent of the recipient.  If the Agency disapproves a document, or approves a document with conditions or modifications, the notification must contain the following information, as applicable:

 

1)         An explanation of the specific information or documentation that the Agency determines is lacking, missing, or inconsistent with the information contained in the Agency's records and any field observations;

 

2)         A list of the provisions of this Part that may be violated if the document is approved as submitted;

 

3)         A statement of the reasons why the provisions cited in subsection (c)(2) may be violated if the document is approved as submitted; and

 

4)         An explanation justifying the inclusion of any conditions or modifications.

 

d)         If the Agency disapproves of a document under this Section or approves it with conditions or modifications, the authorized party must submit a revised version of the document to the Agency within ten days after receiving the Agency's decision.

 

e)         If a revised notice, contact list, fact sheet, or CRP is not received by the Agency within ten days, or if a revised document is not approved on the second Agency review, the Agency, in addition to other remedies that may be available, may provide notice to the public and seek cost recovery from the authorized party under Title VI-D of the Act, or pursue an enforcement action against the authorized party for failure to develop and implement an Agency-approved notice, contact list, fact sheet, or CRP.

 

1)         In addition to any other defenses that may be available to the authorized party, it is a defense to an Agency action to obtain cost recovery for notification or for an alleged violation of the requirement to develop and implement an Agency-approved notice, contact list, fact sheet, or CRP that the document submitted to and rejected by the Agency satisfies the requirements of Sections 1600.310 or 1600.315.

 

2)         The defense described in subsection (e)(1) does not limit the use of this defense in other circumstances where appropriate. 

 

f)         To the extent consistent with review deadlines, the Agency will provide the authorized party with a reasonable opportunity to correct deficiencies within a notice, contact list, fact sheet, or CRP prior to sending a disapproval or an approval with conditions or modifications of these documents.  However, resubmitting a document to correct deficiencies  may, in the sole discretion of the Agency, restart the time for review.

 

g)         If the Agency does not issue its final determination on the notice, contact list, fact sheet, CRP, or updates of these documents within 30 days after receiving the document, the document will be deemed approved as submitted.

 

(Source:  Amended at 43 Ill. Reg. 11637, effective September 25, 2019)

 

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 ten days after the date the document is deemed approved under Section 1600.330(g).

 

b)         The authorized party must:

 

1)         Provide the Agency copies of all public notices (including proof of publication for newspaper or other published notices, news releases, letters, door hangers, or other forms of public notification); and

 

2)         Inform the Agency in writing two weeks prior to holding public meetings or press conferences about site activities or developments.

 

c)         The authorized party must retain records and documents demonstrating compliance with the requirements of Subpart C for at least one year after the recording of the NFR Letter or the issuance of other project completion documentation by the Agency (e.g., permit modification, closure letter, "4(y) letter" (see 415 ILCS 5/4(y))).  The retention period for the records and documents is extended automatically during any disputes or unresolved enforcement actions regarding the community relations activities or as requested in writing by the Agency.  Records may be preserved and presented in an electronic format.

 

(Source:  Amended at 43 Ill. Reg. 11637, effective September 25, 2019)

 

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 the release occurred.  Unless otherwise required by rule, all the factors listed with each element may not be necessary for each site developing and implementing a CRP under this Part, but each factor should be considered when developing the CRP.

 

1.         Site/Facility Description: The CRP should provide a brief overview of the site where the release occurred, including a description of the business, site or facility, its current operations, previous land uses and previous remedial activities; the nature and extent of known contamination; and the known or potential threat to public health and the environment.  The overview should include a map to an appropriate scale detailing the site location and surrounding area and showing roads and streets, homes and businesses, and geographic and other significant features.

 

2.         Community Issues and Concerns: The CRP should provide a brief summary of the demographics of the area surrounding the site where the release occurred, including the approximate percentage of non-English speaking persons among the affected, potentially affected, and interested persons and their preferred language, key community concerns, and preferred methods of communication as learned through research, interviews, and surveys of a representative sample of affected, potentially affected, and interested persons identified through the process outlined in the fourth element below.

 

3.         Community Relations Program: The CRP should describe the community relations program objectives, action plan, and schedule to keep affected, potentially affected, and interested persons apprised of site conditions, response actions, and actual or potential public health impacts.  This section also should explain how the public will be notified of mailings or meetings.  The contact persons and contact information for public inquiries should be clearly defined.  Additionally, details about the location of, and access to, the document repository should be outlined in this section of the CRP.

 

4.         Contact List: The CRP should outline the process for identifying and updating a contact list and developing a contact database of affected, potentially affected, and interested persons, including:

 

A.        Owners of offsite properties served by private, semi-private, or non-community water systems that have been or may be impacted by groundwater contamination from the release;

 

B.        Owners and operators of community water system wells that have been or may be impacted by groundwater contamination from the release;

 

C.        Owners of offsite properties without potable water supply wells but with groundwater that has been or may be impacted by groundwater contamination from the release;

 

D.        Owners of offsite properties with buildings located above groundwater with measured contamination from volatile chemicals that poses a threat of indoor inhalation exposure above the appropriate Tier 1 remediation objectives for the current uses;

 

E.         Owners of offsite properties with soil contamination posing a threat of exposure above the appropriate Tier 1 remediation objectives for the current uses;

 

F.         Owners of offsite properties with measured soil gas contamination posing a threat of exposure above the appropriate Tier 1 remediation objectives for the current uses;

 

G.        Occupants of properties identified in paragraphs A, D, E, and F to the extent reasonably practicable.  The CRP must include the methods by which the authorized party will attempt to identify the occupants;

 

H.        Government officials serving the affected and potentially affected properties, including federal and State legislators, county board chairpersons and county clerks, mayors or village presidents, city or village clerks, and environmental health administrators for State and county health departments.  Officials of specialized districts (e.g., school, drainage, park districts) may be excluded from the contact list unless required under Section 1600.315(b)(2)(D)(i) through (b)(2)(D)(vii), or (b)(2)(D)(ix); and

 

I.          Citizens, identified groups, organizations, or businesses within a minimum of 1,000 feet from the site where the release occurred that may have an interest in learning about affected and potentially affected properties.  These persons may include public and private school administrators, parent organization leaders; day care center, senior center and nursing home management; neighborhood or homeowner association or other community leaders as identified; hospital and clinic management; and recognized environmental or citizen advisory groups.  If approved by the Agency, the initial minimum distance of 1,000 feet may be expanded or contracted as the CRP and contact list are updated based on new information developed during the response action.

 

(Source:  Amended at 43 Ill. Reg. 11637, effective September 25, 2019)