Illinois Administrative Code
Title 35 - ENVIRONMENTAL PROTECTION
Part 616 - NEW ACTIVITIES IN A SETBACK ZONE OR REGULATED RECHARGE AREA
Subpart B - GROUNDWATER MONITORING REQUIREMENTS
Section 616.211 - Alternative Corrective Action Demonstration
Current through Register Vol. 48, No. 38, September 20, 2024
If a corrective action program is required under Section 616.210, it is presumed that contamination from the facility or unit that is being monitored is responsible for the groundwater standard being exceeded. An owner or operator may overcome that presumption by making a demonstration that a source other than the facility or unit that is being monitored caused the groundwater standard to be exceeded, or that the cause of the groundwater standard being exceeded is due to error in sampling, analysis or evaluation.
a) In making the demonstration, the owner or operator must:
b) The Agency must provide a written response to the owner or operator, based upon the written demonstration and any other relevant information, that specifies either:
c) An owner or operator who receives a written response of non-concurrence under subsection (b) must, within 30 days after receiving the response, respond to the Agency in writing 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 alternative corrective action.
d) The owner or operator must begin the corrective action program in compliance with the requirements of Section 616.210.