Current through Register Vol. 48, No. 38, September 20, 2024
Whenever any applicable groundwater standard under 35 Ill.
Adm. Code 620.Subpart D is exceeded, an owner or operator must undertake the
following corrective action:
a) Notify
the Agency of the need to undertake a corrective action program when submitting
the groundwater monitoring results required under Section
616.206. The notification must
indicate in which wells and for which parameters a groundwater standard was
exceeded.
b) Continue to sample and
analyze according to Section
616.208(a),
except that:
1) For a unit subject to Subpart
I for the storage and handling of pesticides, samples must be collected
quarterly until no measured values above the groundwater standard have been
recorded for any parameter for two consecutive quarters.
2) For a unit subject to Subpart J for the
storage and handling of fertilizers, samples must be collected quarterly for
the parameters specified in Section
616.207(a)(3)
that are stored or handled at the unit until no measured values above the
groundwater standard have been recorded for two consecutive quarters.
c) If sample values above any
groundwater standard are confirmed under Section
616.209(b), the
owner or operator must:
1) Submit to the
Agency an engineering feasibility plan for a corrective action program designed
to achieve the requirements of subsections (e) through (i).
A) The feasibility plan must be submitted to
the Agency within 180 days after the date of the sample in which a groundwater
standard was initially exceeded.
B)
The requirement under subsection (c) is waived if no groundwater standard is
exceeded in any sample taken under subsection (b) for two consecutive
quarters.
d)
Except as provided in subsection (c)(1)(B), the Agency must provide a written
response to the owner or operator based upon the engineering feasibility plan
and any other relevant information that specifies either:
1) Concurrence with the feasibility plan for
corrective action; or
2)
Non-concurrence with the feasibility plan for corrective action and a
description of the inadequacies of the plan.
e) An owner or operator who receives a
written response of concurrence under subsection (d) must provide periodic
progress reports to the Agency regarding implementation of the corrective
action.
f) An owner or operator who
receives a written response of non-concurrence under subsection (d) must,
within 30 days after receiving the response, correct the inadequacies and
resubmit the report to the Agency or request a conference with the Agency.
Within 30 days after receiving a written request for a conference, the Agency
must schedule and hold the conference. Following the conference, the Agency
must provide the owner or operator with a final determination regarding the
adequacy of the corrective action.
g) An owner or operator is responsible for
implementing adequate corrective action as determined under this
Section.
h) Except as provided in
subsection (c)(1)(B), the owner or operator must:
1) Begin the corrective action program
specified in the engineering feasibility plan by the date of receipt of
concurrence from the Agency.
2)
Establish and implement a groundwater monitoring program to demonstrate the
effectiveness of the corrective action program.
3) Take corrective action that results in
compliance with the groundwater standards:
A)
At all compliance points; and
B)
Beyond the unit boundary, if necessary to protect human health and the
environment, unless the owner or operator demonstrates to the Agency that,
despite the owner's or operator's best efforts, the owner or operator was
unable to obtain the necessary permission to undertake such action. The owner
or operator is not relieved of any responsibility to clean up a release that
has migrated beyond the unit boundary where off-site access is
denied.
4) Continue
corrective action measures to the extent necessary to ensure that no
groundwater standard is exceeded at the compliance point or points.
5) The owner or operator may terminate
corrective action measures taken beyond the compliance period as identified in
Section 616.202 if the owner or operator
can demonstrate, based on data from the post-closure groundwater monitoring
program under subsection (h)(2), that no groundwater standard has been exceeded
for three consecutive years.
6)
Report in writing to the Agency on the effectiveness of the corrective action
program. The owner or operator must submit these reports
semi-annually.
7) If the owner or
operator determines that the corrective action program no longer satisfies the
requirements of this Section, the owner or operator must, within 90 days, make
any appropriate changes to the program.
i) Subsections (b), (c), and (f) do not apply
if the owner or operator makes an alternative corrective action demonstration
under Section 616.211.
