Illinois Administrative Code
Title 35 - ENVIRONMENTAL PROTECTION
Part 750 - ILLINOIS HAZARDOUS SUBSTANCES POLLUTION CONTINGENCY PLAN
Subpart D - HAZARDOUS SUBSTANCE RESPONSE
Section 750.440 - Phase IV - Evaluation and Determination of Appropriate Response-Planned Removal and Remedial Action
Universal Citation: 35 IL Admin Code ยง 750.440
Current through Register Vol. 48, No. 38, September 20, 2024
a) The purpose of this phase is to determine the appropriate action when the preliminary assessment indicates that further response may be necessary or when IEPA finds that further response should follow an immediate removal action.
b) As soon as practicable, an inspection will be undertaken to assess the nature and extent of the release and to assist in determining its priority for Fund-financed response.
c)
1) The
IEPA may undertake investigations, monitoring, surveys, testing and other
information gathering as appropriate. These efforts shall be undertaken jointly
by the IEPA and those state officials responsible for enforcing legal
requirements.
2) A major objective
of an inspection is to determine if there is any immediate danger to persons
living or working near the facility. In general, the collection of samples
should be minimized during inspection activities; however, situations in which
there is an apparent risk to the public should be treated as exceptions to that
practice. Examples of apparent risk include use of nearby wells for drinking
water, citizen complaints of unusual taste or odor in drinking water, or
chemical odors or unusual health problems in the vicinity of the release. Under
those circumstances, a sampling protocol should be developed for the inspection
to allow for the earliest possible detection of any human exposure to hazardous
substances. The site inspection may also address:
A) Determining the need for immediate removal
action;
B) Assessing amounts, types
and location of hazardous substances stored;
C) Assessing potential for substances to
migrate from areas where they were originally located;
D) Determining or documenting immediate
threats to the public or environment.
d) Methods for Establishing Priorities
1) IEPA shall prepare a State Priorities
List. Such list shall be compiled using the Federal Hazard Waste Ranking System
( 40 CFR 300, Appendix A, as amended.)
2) Ranking of Releases - Similar
hazard ranking scores assigned to releases cannot accurately differentiate
among risks represented by the releases. Thus, in order to avoid misleading the
public that real differences in risk exist, similar scores may be grouped on
the State Priorities List.
3) IEPA
shall publish a proposed State Priorities List in the Illinois Register for
public comment.
4) IEPA shall
revise and publish the State Priorities List at least once annually. In
addition, revisions shall give notice of the deletion (if any) of releases
previously listed.
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