Section 259.450  Agency Notification and Review

The Department shall provide notice to the Agency when the results of any environmental site assessment indicate that agrichemical concentrations in Class I or Class III groundwater exceed any concentration level adopted as a standard pursuant to the Illinois Groundwater Protection Act or a health advisory level established by the Agency or the U.S. Environmental Protection Agency.  If agrichemical contamination in Class I or Class III groundwater exceeds a groundwater quality standard or health advisory level, an applicant may elect to participate in the Agrichemical Facility Response Action Program.  In these instances, the scope of the corrective action plans developed, approved and completed under the Program shall be limited to the soil agrichemical contamination at the site unless implementation of the plan is coordinated, pursuant to Section 19.3(f) of the Act, as follows:

a)         Upon receipt of an application for approval of corrective action plans that include remediation of contaminated Class I or Class III groundwater, the Department shall notify the Agency and coordinate a joint review of the plan with the Agency.

b)         The Agency may provide a written endorsement of the corrective action plan.

c)         The Agency may approve a groundwater management zone for a period of 5 years after implementation of the corrective action plan to allow for groundwater impairment mitigation results.

d)         The Department, in cooperation with the Agency, shall recommend a proposed corrective action plan to the Board for final approval to proceed with groundwater remediation.  The Agency shall have 60 days after the date of the notice by the Department to recommend approval, denial, or modification.

e)         The Department, in cooperation with the Agency, shall provide remedial project oversight, monitor remedial work progress, and report to the Board on the status of the remediation project.

(Source:  Amended at 32 Ill. Reg. 1308, effective January 21, 2008)