Section 615.209  Non-Compliance Response Program

If monitoring results collected under Sections 615.206 and 615.207 show that a groundwater standard has been exceeded, the owner or operator must:

a)         Notify the Agency of this finding when submitting the groundwater monitoring results required under Section 615.208.  The notification must indicate which groundwater standards have been exceeded.

b)         Resample the groundwater within 3 days in all monitoring wells where a groundwater standard has been exceeded and redetermine the presence and concentration of each parameter required under Section 615.206, except that:

1)         If the unit is subject to Subpart I for the storage and related handling of pesticides, resample the groundwater within 3 days in all monitoring wells where a groundwater standard has been exceeded and determine the presence and concentration in each such sample of each pesticide previously and presently stored or handled at the unit.

2)         If the unit is subject to Subpart J for the storage and related handling of fertilizers, monitor monthly for the parameters set forth in Section 615.206(c) until the groundwater standard is no longer exceeded.

c)         Submit the results of sampling required under subsection (b) when submitting the groundwater results required under Section 615.208.

d)         Prepare an engineering feasibility plan for a corrective action program designed to achieve the requirements of Section 615.211.  This plan must be submitted to the Agency in writing within 120 days after the date on which the sample results are submitted to the Agency under subsection (c), unless:

1)         None of the parameters identified under subsection (b) exceed the groundwater standards; or

2)         The owner or operator makes a demonstration under Section 615.210.

e)         Begin the corrective action program specified in subsection (d) within 120 days after the date on which the sample results are submitted to the Agency under subsection (c), unless:

1)         None of the parameters identified under subsection (b) exceed the groundwater standards; or

2)         The owner or operator makes a demonstration under Section 615.210.

(Source:  Amended at 47 Ill. Reg. 7581, effective May 16, 2023)