Section 1600.315  Notices, Fact Sheet and Community Relations Plans for Expanded Community Relations Activities

a)         An authorized party must develop a notice, CRP, and fact sheet under this Section if:

1)         At more than five offsite properties or potable water supply wells other than a community water supply well, the:

A)        Measured or modeled groundwater contamination from the site where the release occurred (including the impact from soil contamination in concentrations exceeding the applicable remediation objectives for the soil component of the groundwater ingestion exposure route) poses a threat above the Class I groundwater quality standards;

B)        Measured offsite groundwater contamination from volatile chemicals from the site where the release occurred poses a threat of indoor inhalation exposure above the appropriate Tier 1 remediation objectives for the current uses;

C)        Offsite soil contamination from the site where the release occurred poses a threat of exposure above the appropriate Tier 1 remediation objectives for the current uses; or

D)        Measured offsite soil gas contamination from the site where the release occurred poses a threat of exposure above the appropriate Tier 1 remediation objectives for the current uses; or

2)         At one or more community water supply wells, measured or modeled groundwater contamination from the site where the release occurred (including the impact from soil contamination in concentrations exceeding the applicable remediation objectives for the soil component of the groundwater ingestion exposure route) poses a threat above the Class I groundwater quality standards.

b)         Notice, CRP, and Fact Sheet

1)         Notices must be developed according to Section 1600.310(b)(1) and distributed to the contact list according to Section 1600.335.

2)         The CRP must be implemented according to Section 1600.335 and must include the following elements to the extent related to the contaminants addressed in the response action:

A)        A description of the site or facility and details of the release, including any related soil, soil gas, or groundwater contamination;

B)        A list of community issues and concerns collected from affected, potentially affected, and interested persons identified through the process outlined in subsection (b)(2)(D);

C)        A community relations program including elements of outreach, methods for maintaining a dialogue with affected, potentially affected, and interested persons, and a schedule for activities and objectives; and

D)        A contact list, along with the process for identifying and updating the list, consisting of affected, potentially affected, and interested persons, including:

i)          Owners of offsite properties served by private, semi-private, or non-community water systems that have been or may be impacted by groundwater contamination from the release;

ii)         Owners and operators of community water system wells that have been or may be impacted by groundwater contamination from the release;

iii)        Owners of offsite properties without potable water supply wells but with groundwater that has been or may be impacted by groundwater contamination from the release;

iv)        Owners of offsite properties with buildings located above groundwater with measured contamination from volatile chemicals posing a threat of indoor inhalation exposure above the appropriate Tier 1 remediation objectives for the current uses;

v)         Owners of offsite properties with soil contamination posing a threat of exposure above the appropriate Tier 1 remediation objectives for the current uses;

vi)        Owners of offsite properties with measured soil gas contamination posing a threat of exposure above the appropriate Tier 1 remediation objectives for the current uses;

vii)       Occupants of the properties identified in subsections (b)(2)(D)(i), (b)(2)(D)(iv), (b)(2)(D)(v), and (b)(2)(D)(vi) to the extent reasonably practicable.  The CRP must include the methods by which the authorized party will attempt to identify the occupants;

viii)      Government officials serving the affected and potentially affected properties, including federal and State legislators, county board chairpersons and county clerks, mayors or village presidents, city or village clerks, and environmental health administrators for State and county health departments.  Officials of specialized districts (e.g., school, drainage, park districts) may be excluded from the contact list unless required under subsections (b)(2)(D)(i) through (b)(2)(D)(vii), or (b)(2)(D)(ix); and

ix)        Citizens, identified groups, organizations or businesses within a minimum of 1,000 feet from the site where the release occurred that may have an interest in learning about affected and potentially affected properties.  These persons may include public and private school administrators, parent organization leaders; day care center, senior center, and nursing home management; neighborhood or homeowner association or other community leaders as identified; hospital and clinic management; and recognized environmental or citizen advisory groups.  If approved by the Agency, the initial minimum distance of 1,000 feet may be expanded or contracted as the CRP and contact list are updated based on new information developed during the response action.

3)         A fact sheet for the release and response action must be developed by the authorized party and distributed to the contact list according to Section 1600.335.  The fact sheet must be written clearly and concisely in non-technical, non‑legal terminology.  If a significant portion of the population surrounding the site where the release occurred is non-English speaking, the fact sheet and any updates to the fact sheet must be produced and distributed in English and any other predominant languages spoken in the affected area.  The fact sheet and any required updates must contain, at a minimum, the following information if available:

A)        The nature and extent of the contaminants identified on-site and off-site where the release occurred;

B)        A brief description of the potential exposure pathways and the adverse public health effects posed by the contaminants;

C)        A description of the appropriate actions that affected or potentially affected persons should take to evaluate the potential threats to human health via a completed exposure pathway, including potable water supply well sampling, soil gas sampling, and any other actions, and, if appropriate, any precautionary measures necessary to avoid or reduce public health impacts;

D)        A non-technical description of the proposed steps to address the contamination, including soil excavation and treatment, disposal or redistribution, pump-and-treat, bio-remediation, reliance on engineered barriers or institutional controls, groundwater monitoring, building control technologies, and so forth;

E)        The anticipated remediation schedule through completion of the project, including any operation, maintenance, or monitoring following construction of the remedy;

F)         The closure documentation expected from the Agency (e.g., focused or comprehensive NFR Letter, permit modification, or Section 4(y) letter) and a summary of the closure documentation (e.g., reliance on engineered barriers, institutional controls, or building control technologies);

G)        Responses to key community concerns expressed by affected, potentially affected, and interested persons;

H)        The website of the document repository established under Section 1600.320 and, if a physical location is also required, its address and hours;

I)         The date the fact sheet was prepared, the name and contact information of the individual from whom information and copies of repository and other site‑related documents may be obtained;

J)         The name and contact information of the Agency's designated staff person; and

K)        An explanation of how additional information and site-related documentation can be obtained, including how to access the information by:

i)          Using the Agency's website;

ii)         Contacting the Agency's designated staff person; and

iii)        Filing a request with the Agency under the Freedom of Information Act.

c)         If any information under subsection (b)(3) is unavailable when submitting the fact sheet to the Agency, an explanation detailing why the information is unavailable is required.  An estimate of when the missing information will be supplied in a revised fact sheet must also be included.

d)         Updates

1)         Fact sheets developed under subsection (b)(3) must be updated and redistributed whenever new information is obtained or there is a material change to the information required or provided in the fact sheet (e.g., completion of site investigation and characterization of the nature and extent of contaminants, higher concentrations of contaminants than previously detected, evidence of additional contaminants of concern or of a larger area affected by contamination, approval of plans or reports, completion of response action activities).

2)         The CRP, the contact list, and related documents under this Section must be reviewed on a regular basis and updated, as necessary, to ensure timely and accurate information is provided to affected, potentially affected, and interested persons and communities about contaminant releases with actual or potential impacts to offsite wells and offsite property uses.  A current version of the publicly available CRP must be kept in the document repository described in Section 1600.320.

e)         Appendix A of this Part contains the outline of a model CRP that may be appropriate for a site subject to this Section.

(Source:  Amended at 43 Ill. Reg. 11637, effective September 25, 2019)