Section 724.191  Required Programs

a)         Owners and operators subject to this Subpart F must conduct a monitoring and response program as follows:

1)         Whenever hazardous constituents pursuant to Section 724.193 from a regulated unit are detected at a compliance point pursuant to Section 724.195, the owner or operator must institute a compliance monitoring program pursuant to Section 724.199.  "Detected" is defined as statistically significant evidence of contamination, as described in Section 724.198(f).

2)         Whenever the groundwater protection standard pursuant to Section 724.192 is exceeded, the owner or operator must institute a corrective action program pursuant to Section 724.200.  "Exceeded" is defined as statistically significant evidence of increased contamination, as described in Section 724.199(d).

3)         Whenever hazardous constituents pursuant to Section 724.193 from a regulated unit exceed concentration limits pursuant to Section 724.194 in groundwater between the compliance point pursuant to Section 724.195 and the downgradient facility property boundary, the owner or operator must institute a corrective action program pursuant to Section 724.200; or

4)         In all other cases, the owner or operator must institute a detection monitoring program pursuant to Section 724.198.

b)         The Agency must specify in the facility permit the specific elements of the monitoring and response program.  The Agency may include one or more of the programs identified in subsection (a) in the facility permit as may be necessary to adequately protect human health and the environment and must specify the circumstances under which each of the programs will be required.  In deciding whether to require the owner or operator to be prepared to institute a particular program, the Agency must consider the potential adverse effects on human health and the environment that might occur before final administrative action on a permit modification application to incorporate such a program could be taken.

(Source:  Amended at 42 Ill. Reg. 22614, effective November 19, 2018)