Current through Register Vol. 48, No. 38, September 20, 2024
a) A Remediation Applicant may obtain a
preliminary review of estimated remediation costs for the development and
implementation of a Remedial Action Plan, required under Section
740.450 of
this Part, by submitting a budget plan along with the Remedial Action Plan.
[415 ILCS
5/58.15(B)(i)(1)] The Agency shall
not accept a budget plan unless a Remedial Action Plan satisfying the
requirements of Section
740.450 of
this Part also has been submitted.
b) The budget plan must be set forth on forms
prescribed and provided by the Agency and must include, but is not limited to,
the following information:
1) Identification
of applicant and remediation site, including:
A) The full legal name, address and telephone
number of the RA, any authorized agents acting on behalf of the RA, and any
contact persons to whom inquiries and correspondence must be
addressed;
B) The address, site
name, tax parcel identification number(s) and Illinois inventory identification
number for the remediation site and the date of acceptance of the site into the
Site Remediation Program; and
C)
The Federal Employer Identification Number (FEIN) or Social Security Number
(SSN) of the RA.
2) Line
item estimates of the costs that the RA anticipates will be incurred for the
development and implementation of the Remedial Action Plan, including but not
limited to:
A) Site investigation activities:
i) Drilling costs;
ii) Physical soil analysis;
iii) Monitoring well installation;
and
iv) Disposal costs.
B) Sampling and analysis
activities:
i) Soil analysis costs;
ii) Groundwater analysis costs;
iii) Well purging costs; and
iv) Water disposal costs.
C) Remedial activities:
i) Groundwater remediation costs;
ii) Excavation and disposal costs;
iii) Land farming costs;
iv) Above-ground bio-remediation
costs;
v) Land application
costs;
vi) Low temperature thermal
treatment costs;
vii) Backfill
costs; and
viii) In-situ soil
remediation costs.
D)
Report preparation costs.
3) A certification, signed by the RA or
authorized agent and notarized, as follows:
I, [name of RA, if individual, or authorized agent of RA],
hereby certify that neither ["I" if RA is certifying or name of RA if
authorized agent is certifying], nor any related party (as described in Section
201(l) of the Illinois Income Tax Act [35 ILCS
5/201(l)] ), nor any person whose tax
attributes ["I" if RA is certifying or name of RA if authorized agent is
certifying] have [has] succeeded to under Section 381 of the Internal Revenue
Code, caused or contributed in any material respect to the release or
substantial threat of a release of regulated substance(s) or pesticide(s) that
are identified and addressed in the Remedial Action Plan submitted for the site
identified above.
4) The
original signature of the RA or authorized agent acting on behalf of the
RA.
c) The RA must
submit the applicable fee, as provided in Section
740.920
of this Subpart, with the budget plan, except as provided in subsections (f)
and (i)(4) of this Section.
d)
Budget plans must be mailed or delivered to the address designated by the
Agency on the forms. Requests that are hand-delivered must be delivered during
the Agency's normal business hours.
e) Submittal of a budget plan must be deemed
an automatic 60-day waiver of the Remedial Action Plan deadlines set forth in
the Act and Section
740.505
of this Part. [415 ILCS
5/58.15(B)(i)(4)]
f) If the Remedial Action Plan is amended by
the Remediation Applicant or as a result of Agency action, the corresponding
budget plan must be revised accordingly and resubmitted. [415
ILCS 5/58.15(B)(i)(2)] No additional
fee shall be required for this review.
g) The following rules apply to the Agency's
review period for budget plans:
1) The
Agency's review period begins on the date of receipt of the budget plan by the
Agency. The Agency's record of the date of receipt of a budget plan shall be
deemed conclusive unless a contrary date is proven by a dated, signed receipt
from certified or registered mail.
2) In reviewing budget plans and the Remedial
Action Plans they accompany, the Agency is subject to the deadlines set forth
in Section
740.505
of this Part with an additional 60 days, due to the automatic waiver, in
accordance with subsection (e) of this Section.
3) Submittal of an amended plan restarts the
time for review.
4) The RA may
waive the time line for review upon a request from the Agency or at the RA's
discretion.
h) The
Agency must review the budget plan along with the Remedial Action Plan to
determine whether the estimated costs submitted are remediation costs and
whether the costs estimated for the activities are reasonable. [415 ILCS
5/58.15(B)(i)(1)]
i) Upon completion of the review, the Agency
must issue a letter to the Remediation Applicant approving, disapproving or
modifying the estimated remediation costs submitted in the budget plan.
[415 ILCS
5/58.15(B)(i)(5)] The following
rules apply regarding Agency determinations:
1) The Agency's notification of final
determination shall be by certified or registered mail postmarked with a date
stamp and with return receipt requested. The Agency's determination shall be
deemed to have been made on the postmarked date that the notice is
mailed.
2) The Agency may combine
the notification of its final determination on a budget plan with the
notification of its final determination on the corresponding Remedial Action
Plan.
3) If a budget plan is
disapproved or approved with modification of estimated remediation costs, the
written notification shall contain the following information as applicable:
A) An explanation of the specific type of
information or documentation, if any, that the Agency finds the RA did not
provide;
B) The reasons for the
disapproval or modification of estimated remediation costs; and
C) Citations to statutory or regulatory
provisions upon which the determination is based.
4) If the Agency disapproves a Remedial
Action Plan or approves a Remedial Action Plan with conditions, in accordance
with Subpart E of this Part, the Agency may return the corresponding budget
plan to the RA without review. If the Remedial Action Plan is amended in
response to Agency action, the RA may submit a revised budget plan for review.
No additional fee shall be required for this review.
5) Within 35 days after receipt of an Agency
letter disapproving or modifying a budget planor expiration of the Agency
deadline, the Remediation Applicant may appeal the Agency's decision or the
Agency's failure to issue a final determination to the Board in the manner
provided for the review of permits in Section 40 of the Act. [415 ILCS
5/58.15(B)(i)(6)]
