Section 615.211  Corrective Action Program

An owner or operator required to conduct a corrective action program under this Subpart must:

a)         Begin corrective action within 120 days after the date on which the sample results are submitted to the Agency under Section 615.209(c).

b)         Take corrective action that results in compliance with the groundwater standards at the compliance point or points.

c)         Establish and implement a groundwater monitoring program to demonstrate the effectiveness of the corrective action program.

d)         Take corrective action that maintains compliance with the groundwater standards:

1)         At all compliance points; and

2)         Beyond the unit boundary, where necessary to protect human health and the environment, unless the owner or operator demonstrates to the Agency that, despite the owner's or operator's best efforts, the owner or operator was unable to obtain the necessary permission to undertake such action.  The owner or operator is not relieved of responsibility to clean up a release that has migrated beyond the unit boundary where off-site access is denied.

e)         Continue corrective action measures during the compliance period to the extent necessary to ensure that the groundwater standard is not exceeded at the compliance point or points.  If the owner or operator is still conducting corrective action at the end of the compliance period, the owner or operator must continue that corrective action for as long as necessary to achieve compliance with the groundwater standards.  The owner or operator may terminate corrective action measures taken beyond the compliance period if the owner or operator can demonstrate, based on data from the groundwater monitoring program under subsection (c), that the groundwater standards have not been exceeded for a period of three consecutive years.

f)         Report in writing to the Agency on the effectiveness of the corrective action program.  The owner or operator must submit these reports semi-annually.

g)         If the owner or operator determines that the corrective action program no longer satisfies the requirements of this Section, the owner or operator must, within 90 days, make any appropriate changes to the program.

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