Section 740.610  Contents of No Further Remediation Letter

a)         Except as provided in subsection (b) below, a No Further Remediation Letter issued pursuant to Section 58.10 of the Act shall be limited to and include all of the following:

1)         An acknowledgement that the requirements of the remedial action plan and the remedial action completion report were satisfied;

2)         A description of the remediation site by adequate legal description or by reference to a plat showing the boundaries, or by other means sufficient to identify site location with particularity;

3)         The level of the remediation objectives, specifying, as appropriate, any land use limitation imposed as a result of such remediation efforts;

4)         A statement that the agency's issuance of the No Further Remediation Letter signifies a release from further responsibilities under the Act in performing the approved remedial action and shall be considered prima facie evidence that the site does not constitute a threat to human health and the environment and does not require further remediation under the Act if utilized in accordance with the terms of the No Further Remediation Letter. If the remediation site includes a portion of a larger parcel of property or if the RA has elected to limit the recognized environmental conditions and related contaminants of concern to be remediated, or both, the No Further Remediation Letter shall be limited accordingly by its terms;

5)         The prohibition against the use of any remediation site in a manner inconsistent with any land use limitation imposed as a result of such remediation efforts without additional appropriate remedial activities;

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

7)         The recording obligations pursuant to Title XVII of the Act and Sections 740.620, 740.621, or 740.622 of this Part;

8)         The opportunity to request a change in the recorded land use pursuant to Title XVII of the Act and Section 740.620(c) of this Part; and

9)         Notification that further information regarding the remediation site can be obtained from the Agency through a request under the Freedom of Information Act [5 ILCS 140].  [415 ILCS 5/58.10(b)(1)-(9)]

b)         If only a portion of the site or only selected regulated substances or pesticides at a site were the subject of corrective action, the No Further Remediation Letter may contain any other provisions agreed to by the Agency and the RA. [415 ILCS 5/58.10(b)(10)]

(Source: Amended at 26 Ill. Reg. 7197, effective April 25, 2002)