Ill. Admin. Code tit. 35, § 616.210 - Corrective Action Program

Current through Vol. 46, No. 16, April 15, 2022

Whenever any applicable groundwater standard under 35 Ill. Adm. Code 620.Subpart D is exceeded, an owner or operator shall be required to undertake the following corrective action:

a) Notify the Agency of the need to undertake a corrective action program when submitting the groundwater monitoring results required pursuant to Section 616.206. The notification must indicate in which wells and for which parameters a groundwater standard was exceeded.
b) Continue to sample and analyze according to the provisions of Section 616.208(a), except that:
1) For all units subject to Subpart I for the storage and handling of pesticides, the frequency of all such sampling shall be quarterly until no measured values above the groundwater standard have been recorded for any parameter for two consecutive quarters.
2) For a unit subject to Subpart J for the storage and handling of fertilizers, sampling shall be quarterly for the parameters set forth in Section 616.207(a)(3) stored or handled at the unit until no measured values above the groundwater standard have been recorded for two consecutive quarters.
c) If sample values above any groundwater standard are confirmed pursuant to Section 616.209(b), the owner or operator shall:
1) Submit to the Agency an engineering feasibility plan for a corrective action program designed to achieve the requirements of subsection (e) through (j).
A) Such feasibility plan shall be submitted to the Agency within 180 days after the date of the sample in which a groundwater standard was initially exceeded.
B) This requirement is waived if no groundwater standard is exceeded in any sample taken pursuant to subsection (b) for two consecutive quarters.
d) Except as provided in subsection (c)(1)(B), the Agency shall provide a written response to the owner or operator based upon the engineering feasibility plan and any other relevant information that specifies either:
1) Concurrence with the feasibility plan for corrective action; or
2) Non-concurrence with the feasibility plan for corrective action and a description of the inadequacies of such plan.
e) An owner or operator who receives a written response of concurrence pursuant to subsection (d) shall provide periodic progress reports to the Agency regarding the implementing of the preventive response.
f) An owner or operator who receives a written response of non-concurrence pursuant to subsection (d) shall have 30 days to correct the inadequacies and to resubmit the report to the Agency or to request a conference with the Agency. Upon receipt of a written request for such a conference, the Agency shall schedule and hold the conference within 30 days. Following a conference, the Agency shall provide the owner or operator with a final determination regarding the adequacy of the corrective action.
g) An owner or operator shall be responsible for implementing adequate preventive response as determined pursuant to this Section.
h) Except as provided in subsection (c)(1)(B), the owner or operator shall:
1) Begin the corrective action program specified in the engineering feasibility plan no later than the date of receipt of concurrence from the Agency.
2) Establish and implement a groundwater monitoring program to demonstrate the effectiveness of the corrective action program.
3) Take corrective action that results in compliance with the groundwater standards:
A) At all compliance points; and
B) Beyond the unit boundary, where necessary to protect human health and the environment, unless the owner or operator demonstrates to the Agency that, despite the owner's or operator's best efforts, the owner or operator was unable to obtain the necessary permission to undertake such action. The owner or operator is not relieved of responsibility to clean up a release that has migrated beyond the unit boundary where off-site access is denied.
4) Continue corrective action measures to the extent necessary to ensure that no groundwater standard is exceeded at the compliance point or points.
5) The owner or operator may terminate corrective action measures taken beyond the compliance period as identified at Section 616.202 if the owner or operator can demonstrate, based on data from the post-closure groundwater monitoring program under subsection (h)(2), that no groundwater standard has been exceeded for a period of three consecutive years.
6) Report in writing to the Agency on the effectiveness of the corrective action program. The owner or operator shall submit these reports semi-annually.
7) If the owner or operator determines that the corrective action program no longer satisfies the requirements of this Section, the owner or operator shall, within 90 days, make any appropriate changes to the program.
i) Subsections (b), (c) and (f) do not apply if the owner or operator makes an alternative corrective action demonstration pursuant to Section 616.211.

Notes

Ill. Admin. Code tit. 35, § 616.210

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