Section 734.105  Election to Proceed under Part 734

a)         Except as provided in Section 734.100(c) of this Part, owners or operators of underground storage tanks used exclusively to store heating oil for consumptive use on the premises where stored and that serve other than a farm or residential unit may elect to proceed in accordance with this Part by submitting to the Agency a written statement of such election signed by the owner or operator.  Such election must be submitted on forms prescribed and provided by the Agency and, if specified by the Agency in writing, in an electronic format.  Corrective action must then follow the requirements of this Part.  The election must be effective upon receipt by the Agency and must not be withdrawn once made.

b)         Owners and operators electing pursuant to this Section to proceed in accordance with this Part must submit with their election a summary of the activities conducted to date and a proposed starting point for compliance with this Part.  The Agency must review and approve, reject, or modify the submission in accordance with the procedures contained in Subpart E of this Part.  The Agency may deem a requirement of this Part to have been met, based upon activities conducted prior to an owner's or operator's election, even though the activities were not conducted in strict accordance with the requirement.  For example, an owner or operator that adequately defined the extent of on-site contamination prior to the election may be deemed to have satisfied Sections 734.210(h) and 734.315 even though sampling was not conducted in strict accordance with those Sections. 

c)         This Section does not apply to any release for which the Agency has issued a No Further Remediation Letter.

(Source:  Amended at 36 Ill. Reg. 4898, effective March 19, 2012)