Section 734.335  Corrective Action Plan

a)         If any of the applicable indicator contaminants exceed the most stringent Tier 1 remediation objectives of 35 Ill. Adm. Code 742 for the applicable indicator contaminants, within 30 days after the Agency approves the site investigation completion report, the owner or operator shall submit to the Agency for approval a corrective action plan designed to mitigate any threat to human health, human safety, or the environment resulting from the underground storage tank release.  [415 ILCS 5/57.7(b)(2)].  The corrective action plan must address all media impacted by the UST release and must contain, at a minimum, the following information:

1)         An executive summary that identifies the objectives of the corrective action plan and the technical approach to be utilized to meet such objectives.  At a minimum, the summary must include the following information:

A)        The major components (e.g., treatment, containment, removal) of the corrective action plan;

B)        The scope of the problems to be addressed by the proposed corrective action, including but not limited to the specific indicator contaminants and the physical area; and

C)        A schedule for implementation and completion of the plan;

2)         A statement of the remediation objectives proposed for the site;

3)         A description of the remedial technologies selected and how each fits into the overall corrective action strategy, including but not limited to the following:

A)        The feasibility of implementing the remedial technologies;

B)        Whether the remedial technologies will perform satisfactorily and reliably until the remediation objectives are achieved;

C)        A schedule of when the remedial technologies are expected to achieve the applicable remediation objectives and a rationale for the schedule; and

D)        For alternative technologies, the information required under Section 734.340 of this Part;

4)         A confirmation sampling plan that describes how the effectiveness of the corrective action activities will be monitored or measured during their implementation and after their completion;

5)         A description of the current and projected future uses of the site;

6)         A description of any engineered barriers or institutional controls proposed for the site that will be relied upon to achieve remediation objectives.  The description must include, but not be limited to, an assessment of their long-term reliability and operating and maintenance plans;

7)         A description of water supply well survey activities required pursuant to Sections 734.445(b) and (c) of this Part that were conducted as part of site investigation; and

8)         Appendices containing references and data sources relied upon in the report that are organized and presented logically, including but not limited to field logs, well logs, and reports of laboratory analyses.

b)         Any owner or operator intending to seek payment from the Fund must, prior to conducting any corrective action activities beyond site investigation, submit to the Agency a corrective action budget with the corresponding corrective action plan.  The budget must include, but is not limited to, a copy of the eligibility and deductibility determination of the OSFM and an estimate of all costs associated with the development, implementation, and completion of the corrective action plan, excluding handling charges.  The budget should be consistent with the eligible and ineligible costs listed at Sections 734.625 and 734.630 of this Part and the maximum payment amounts set forth in Subpart H of this Part.  As part of the budget the Agency may require a comparison between the costs of the proposed method of remediation and other methods of remediation.

c)         Upon the Agency's approval of a corrective action plan, or as otherwise directed by the Agency, the owner or operator shall proceed with corrective action in accordance with the plan [415 ILCS 5/57.7(b)(4)].

d)         Notwithstanding any requirement under this Part for the submission of a corrective action plan or corrective action budget, except as provided at Section 734.340 of this Part, an owner or operator may proceed to conduct corrective action activities in accordance with this Subpart C prior to the submittal or approval of an otherwise required corrective action plan or budget.  However, any such plan and budget must be submitted to the Agency for review and approval, rejection, or modification in accordance with the procedures contained in Subpart E of this Part prior to payment for any related costs or the issuance of a No Further Remediation Letter.

BOARD NOTE:  Owners or operators proceeding under subsection (d) of this Section are advised that they may not be entitled to full payment from the Fund.  Furthermore, applications for payment must be submitted no later than one year after the date the Agency issues a No Further Remediation Letter.  See Subpart F of this Part.

e)         If, following approval of any corrective action plan or associated budget, an owner or operator determines that a revised plan or budget is necessary in order to mitigate any threat to human health, human safety, or the environment resulting from the underground storage tank release, the owner or operator must submit, as applicable, an amended corrective action plan or associated budget to the Agency for review.  The Agency must review and approve, reject, or require modification of the amended plan or budget in accordance with Subpart E of this Part.

BOARD NOTE:  Owners and operators are advised that the total payment from the Fund for all corrective action plans and associated budgets submitted by an owner or operator must not exceed the amounts set forth in Subpart H of this Part.