Illinois Administrative Code
Title 35 - ENVIRONMENTAL PROTECTION
Part 741 - PROPORTIONATE SHARE LIABILITY
Subpart A - GENERAL
Section 741.135 - Allocation Factors
Current through Register Vol. 48, No. 38, September 20, 2024
In determining proportionate shares under this Part, the Board will consider any or all factors related to the degree to which the performance or costs of a response result from a person's proximate causation of or contribution to the release or substantial threat of a release. These factors include the following:
a) The volume of regulated substances or pesticides for which each person is responsible;
b) Consistent with the provisions of 35 Ill. Adm. Code 742 and the remediation of the site in a manner consistent with its current and reasonably foreseeable future use, the degree of risk or hazard posed by the regulated substances or pesticides contributed by each person;
c) The degree of each person's involvement in any activity that proximately caused or contributed to the release or substantial threat of a release of regulated substances or pesticides; and
d) Any other factors relevant to a person's proportionate share.
