Section 740.515  Standards for Review of Remediation Objectives Reports

When reviewing Remediation Objectives Reports, the Agency or the RELPE shall consider:

a)         Whether the report is complete and has been accompanied by the information and supporting documentation necessary to determine whether the remediation objectives have been determined in accordance with 35 Ill. Adm. Code 742 and whether any other remediation objectives or remediation measures are necessary to minimize or eliminate any remaining risk presented by contaminants of concern;

b)         Whether the remediation objectives are consistent with the requirements of the applicable method for selecting or determining remediation objectives (Section 58.7(e)(2) of the Act), including but not limited to:

1)         If exposure routes have been excluded under 35 Ill. Adm. Code 742.Subpart C:

A)        Whether the requirements for the exclusion of exposure routes under 35 Ill. Adm. Code 742 have been satisfied; and

B)        Whether engineered barriers and institutional controls, if relied on for the exclusion of exposure routes, satisfy the requirements of 35 Ill. Adm. Code 742.

2)         If the remediation objectives were based on the determination of area background levels under 35 Ill. Adm. Code 742.Subpart D:

A)        Whether the review of current and historic conditions at the remediation site or in the immediate vicinity of the site has been thorough (Section 58.7(e)(2)(A) of the Act);

B)        Whether the remediation site sampling and analysis have been performed in a manner resulting in accurate determinations as provided in 35 Ill. Adm. Code 742 and Section 740.415(d) of this Part (Section 58.7(e)(2)(A) of the Act);

C)        Whether the requirements for determining area background concentrations under 35 Ill. Adm. Code 742.Subpart D have been satisfied; and

D)        Whether an area background level for a regulated substance of concern poses an acute threat to human health or the environment at the remediation site when considering the post-remediation property uses.

3)         If the remediation objectives were determined under 35 Ill. Adm. Code 742.Subpart E:

A)        Whether the requirements for the use of Tier 1 under 35 Ill. Adm. Code 742 have been satisfied;

B)        Whether the comparison of the concentrations of regulated substances of concern and the Tier 1 remediation objectives has been performed and the remediation objectives determined for the remediation site in accordance with 35 Ill. Adm. Code 742; and

C)        Whether engineered barriers and institutional controls, if relied on in the determination of  remediation objectives or for industrial/commercial property uses, satisfy the requirements of 35 Ill. Adm. Code 742.

4)         If the remediation objectives were determined under 35 Ill. Adm. Code 742.Subparts F, G, and H:

A)        Whether the requirements for the use of Tier 2 under 35 Ill. Adm. Code 742 have been satisfied;

B)        Whether the calculations performed under 35 Ill. Adm. Code 742 were accurately performed (Section 58.7(e)(2)(B) of the Act);

C)        Whether the site specific data relfect actual remediation site conditions (Section 58.7(e)(2)(B) of the Act);

D)        Whether engineered barriers and institutional controls, if relied on in the determination of remediation objectives or for industrial/commercial property uses, satisfy the requirements of 35 Ill. Adm. Code 742.

5)         If the remediation objectives were determined under 35 Ill. Adm. Code 742.Subpart I:

A)        Whether the requirements for the use of Tier 3 under 35 Ill. Adm. Code 742 have been satisfied;

B)        Whether the calculations performed under 35 Ill. Adm. Code 742 were accurately performed (Section 58.7(e)(2)(C) of the Act);

C)        Whether the site specific data reflect actual remediation site conditions (Section 58.7(e)(2)(C) of the Act);

D)        Whether engineered barriers and institutional controls, if relied on in the determination of  remediation objectives or for industrial/commercial property uses, satisfy the requirements of 35 Ill. Adm. Code 742.

6)         If a recognized environmental condition requires remediation measures other than, or in addition to, remediation objectives determined under 35 Ill. Adm. Code 742 (e.g., removal of drums threatening a release), whether the remediation measures selected:

A)        Will prevent or eliminate the identified threat to human health and the environment;

B)        Are technically feasible and can be implemented without creating additional threats to human health and the environment; and

C)        Are not inconsistent with the Act and applicable regulations.

7)         If there are any remaining recognized environmental conditions not addressed in the determination of remediation objectives, whether those conditions have the potential to pose a significant threat to human health or the environment.