Illinois Administrative Code
Title 35 - ENVIRONMENTAL PROTECTION
Part 740 - SITE REMEDIATION PROGRAM
Subpart F - NO FURTHER REMEDIATION LETTERS AND RECORDING REQUIREMENTS
Section 740.622 - Requirements for Perfection of No Further Remediation Letters Issued to Federal Landholding Entities Without Authority to Record Institutional Controls
Universal Citation: 35 IL Admin Code ยง 740.622
Current through Register Vol. 48, No. 38, September 20, 2024
a) For sites on Federally Owned Property subject to this Part for which the Federal Landholding Entity does not have the authority under federal law to record institutional controls on the chain of title, the following requirements shall apply:
1) To perfect a No Further Remediation Letter
containing any restriction on future land use(s) the Landholding Entity or
Entities responsible for the site must enter into a Land Use Control Memorandum
of Agreement (LUC MOA) with the Agency that requires the Federal Landholding
Entity to do, at a minimum, the following:
A)
Identify the location of the Federally Owned Property of the site subject to
the No Further Remediation Letter. Such identification shall be by means of
common address, notations in any available facility master land use plan, site
specific GIS or GPS coordinates, plat maps, or any other means that identifies
the site in question with particularity;
B) Implement periodic site inspection
procedures that ensure oversight by the Federal Landholding Entities of any
land use limitations or restrictions imposed pursuant to the No Further
Remediation Letter;
C) Implement
procedures for the Federal Landholding Entities to periodically advise the
Agency of continued compliance with all maintenance and inspection requirements
set forth in the LUC MOA;
D)
Implement procedures for the Federal Landholding Entities to notify the Agency
of any planned or emergency changes in land use that may adversely impact land
use limitations or restrictions imposed pursuant to the No Further Remediation
Letter;
E) Notify the Agency at
least 60 days in advance of a conveyance by deed or fee simple title, by the
Federal Landholding Entities, of the site or sites subject to the No Further
Remediation Letter, to any entity that will not remain or become a Federal
Landholding Entity, and provide the Agency with information about how the
Federal Landholding Entities will ensure the No Further Remediation Letter is
recorded on the chain of title upon transfer of the property with confirmation
of recording provided to the Agency; and
F) Attach to the LUC MOA a copy of the No
Further Remediation Letter for each site subject to the LUC MOA.
2) To perfect a No Further
Remediation Letter containing no restrictions on future land use(s), the
Federal Landholding Entity shall submit the letter to the Office of the
Recorder or the Registrar of Titles of the county in which the site is located
within 45 days after receipt of the letter. The letter shall be filed in
accordance with Illinois law so it forms a permanent part of the chain of
title. The Federal Landholding Entity shall obtain and submit to the Agency,
within 30 days after recording, a copy of the letter demonstrating that the
recording requirements have been satisfied.
b) Failure to comply with the requirements of this Section and the LUC MOA may result in voidance of the No Further Remediation Letter as well as any other penalties that may be available.
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