Ill. Admin. Code tit. 35 § 1600.310

Current through Register Vol. 48, No. 49, December 6, 2024

Section 1600.310 - Notices and Community Relations Plans for Limited Community Relations Activities

a) An authorized party must develop a notice and CRP consisting of a contact list and fact sheet under this Section if, at five or fewer offsite properties or potable supply wells other than a community water supply well, the:

1) 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;

2) 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;

3) 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

4) 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.

b) Notice and CRP

1) Notices issued under this Section must be distributed to the contact list according to Section 1600.335 and may contain the following information:

A)The name and address of the site or facility where the release occurred or is suspected to have occurred;

B)The identification of the contaminant released or suspected to have been released;

C)Information as to whether the contaminant was released or suspected to have been released into the air, land, or water;

D)A brief description of the potential adverse health effects posed by the contaminant;

E)A recommendation that water systems with wells impacted or potentially impacted by the contamination be appropriately tested; and

F)The name, business address, and phone number of persons at the Agency from whom additional information about the release or suspected release can be obtained. [ 415 ILCS 5/25d-3(c) ]

2) A contact list must be prepared by the authorized party consisting of affected, potentially affected, and interested persons, including:

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

B) 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;

C) 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;

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

E) 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;

F) Occupants of the properties identified in subsections (b)(2)(A), (b)(2)(C), (b)(2)(D), and (b)(2)(E) to the extent reasonably practicable, including the methods used in attempting to identify the occupants; and

G) Government officials serving the affected or potentially affected properties, including State and federal legislators, county board chairs and county clerks, mayors or village presidents, city or village clerks, and environmental health administrators for State and local 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)(A) through (b)(2)(F).

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. 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 onsite and offsite where the release occurred;

B) A brief description of the potential exposure pathways and the potential 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, as well as any precautionary measures necessary to avoid or reduce public health impacts, if appropriate;

D) A non-technical description of the proposed steps to address the contamination, such as 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 No Further Remediation (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 as expressed by affected, potentially affected, and interested persons;

H) The preparation date of the fact sheet, the name and contact information of the business, site, or facility representatives from whom information and site-related documents may be obtained;

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

J) 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 [ 5 ILCS 140 ].

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) Fact sheets and contact lists developed under this Section 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).

Ill. Admin. Code tit. 35, § 1600.310

Amended at 39 Ill. Reg. 3968, effective 2/26/2015

Amended at 43 Ill. Reg. 11637, effective 9/25/2019