Section 734.710  Contents of a No Further Remediation Letter

A No Further Remediation Letter issued pursuant to this Part must include all of the following:

a)         An acknowledgment that the requirements of the applicable report were satisfied;

b)         A description of the location of the affected property by adequate legal description or by reference to a plat showing its boundaries, or, for the purposes of Section 734.715(d) of this Part, other means sufficient to identify the site location with particularity;

c)         A statement that the remediation objectives were determined in accordance with 35 Ill. Adm. Code 742, and the identification of any land use limitation, as applicable, required by 35 Ill. Adm. Code 742 as a condition of the remediation objectives;

d)         A statement that the Agency's issuance of the No Further Remediation Letter signifies that, except for off-site contamination related to the occurrence that has not been remediated due to denial of access to the off-site property:

1)         All statutory and regulatory corrective action requirements applicable to the occurrence have been complied with;

2)         All corrective action concerning the remediation of the occurrence has been completed; and

3)         No further corrective action concerning the occurrence is necessary for the protection of human health, safety and the environment  [415 ILCS 5/57.10(c)];

e)         The prohibition under Section 734.715(e) of this Part against the use of any site in a manner inconsistent with any applicable land use limitation, without additional appropriate remedial activities;

f)         A description of any approved preventive, engineering, and institutional controls identified in the plan or report and notification that failure to manage the controls in full compliance with the terms of the plan or report may result in voidance of the No Further Remediation Letter;

g)         The recording obligations pursuant to Section 734.715 of this Part;

h)         The opportunity to request a change in the recorded land use pursuant to Section 734.715(e) of this Part;

i)          Notification that further information regarding the site can be obtained from the Agency through a request under the Freedom of Information Act [5 ILCS 140]; and

j)                   Any other provisions agreed to by the Agency and the owner or operator.

(Source:  Amended at 31 Ill. Reg. 16150, effective November 21, 2007)