Ill. Admin. Code tit. 35, § 616.209 - Preventive Notification and Preventive Response
a) Preventive notification is required for
each well in which:
1) A MAR is exceeded
(except for pH); or
2) There is a
detection of any contaminant:
A) Required to
be monitored under Section
616.207(a);
B) Listed under 35 Ill. Adm. Code
620.310(a)(3)(A)
(except due to natural causes and except for pH);
C) Denoted as a carcinogen under 35 Ill. Adm.
Code 620.410(b);
or
D) Subject to a standard under
35 Ill. Adm. Code 620.430 (except due to natural
causes).
b)
Whenever preventive notification is required under subsection (a), the owner or
operator of the unit must confirm the detection by resampling the monitoring
well or wells. This resampling must be analyzed for each parameter found to be
present in the first sample and be performed within 30 days after the date on
which the first sample analyses are received. The owner or operator must
provide preventive notification of the results of the resampling analyses
within 30 days after the date on which those analyses are received, but no
later than 90 days after the results of the first sample are
received.
c) If preventive
notification is provided under subsection (b) by the owner or operator and the
applicable standard has not been exceeded, the Agency must determine whether
the levels for each parameter as set forth in 35 Ill. Adm. Code
620.310(a)(3)(A)
are exceeded. If an exceedance is determined, the Agency must notify the owner
or operator in writing regarding the finding.
d) Within 60 days after receiving a
notification from the Agency of its finding that an exceedance has occurred,
the owner or operator must submit to the Agency a report that includes the
degree and extent of contamination and the measures that are being taken to
minimize or eliminate the contamination, in compliance with a prescribed
schedule. The owner or operator may also provide a demonstration that:
1) The contamination is the result of
contaminants remaining in groundwater from a prior release for which
appropriate action was taken in compliance with the laws and regulations in
existence at the time of the release;
2) The source of contamination is not due to
the on-site release of contaminants; or
3) The detection resulted from error in
sampling analysis or evaluation.
e) Based upon the report in subsection (d) as
well as any other relevant information available to the Agency, the Agency must
provide a written response to the owner or operator that specifies either:
1) Concurrence with the preventive response
being undertaken; or
2)
Non-concurrence with the preventive response being undertaken and a description
of the inadequacies of such action.
f) An owner or operator who receives a
written response of concurrence under subsection (e) must provide periodic
program reports to the Agency regarding the implementation of the preventive
response.
g) An owner or operator
who receives a written response of non-concurrence under subsection (e) must,
within 30 days after receiving the response, correct the inadequacies and
resubmit the report to the Agency or request a conference with the Agency.
Within 30 days after receiving a written request for 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 preventive response.
h) An owner or operator is responsible for
implementing adequate preventive response as determined under this
Section.
i) After completion of
preventive response, the concentration of a contaminant listed in 35 Ill. Adm.
Code 620.310(a)(3)(A)
in groundwater may exceed 50 percent of the applicable numerical standard in 35
Ill. Adm. Code 620.Subpart D only if the following conditions are met:
1) The exceedance has been minimized to the
extent practicable;
2) Beneficial
use, as appropriate for the class of groundwater, has been assured;
and
3) Any threat to public health
or the environment has been minimized.
j) Nothing in this Section limits the
authority of the State or the United States to require or perform any
corrective action process.
Notes
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