Section 620.302  Applicability of Preventive Notification and Preventive Response Activities

a)         Preventive notification and preventive response as specified in Sections 620.305 through 620.310 applies to:

1)         Class I groundwater under Section 620.210(a)(1), (a)(2), or (a)(3) that is monitored by the persons listed in subsection (b); or

2)         Class III groundwater that is monitored by the persons listed in subsection (b).

b)         For purposes of subsection (a), the persons that conduct groundwater monitoring are:

1)         An owner or operator of a regulated entity for which groundwater quality monitoring must be performed pursuant to State or Federal law or regulation (e.g., section 106 and 107 of the Comprehensive Environmental Response, Compensation and Liability Act (42 USC 9601, et seq.); sections 3004 and 3008 of the Resource Conservation and Recovery Act (42 USC 6901, et seq.); sections 4(q), 4(v), 12(g), 21(d), 21(f), 22.2(f), 22.2(m) and 22.18 of the Act; 35 Ill. Adm. Code 724, 725, 730, 731, 750, 811 and 814);

2)         An owner or operator of a public water supply well who conducts groundwater quality monitoring;

3)         A State agency that is authorized to conduct, or is the recipient of, groundwater quality monitoring data (e.g., Illinois Environmental Protection Agency, Department of Public Health, Department of Agriculture, Office of State Fire Marshal or Department of Natural Resources); or

4)         An owner or operator of a facility that conducts groundwater quality monitoring pursuant to State or federal judicial or administrative order.

c)         If a contaminant exceeds a standard set forth in Section 620.410 or Section 620.430, the appropriate remedy is corrective action and Sections 620.305 and 620.310 do not apply.

(Source:  Amended at 36 Ill. Reg. 15206, effective October 5, 2012)