Ill. Admin. Code tit. 35, § 616.211 - Alternative Corrective Action Demonstration

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

If a corrective action program is required pursuant to Section 616.210, it is presumed that contamination from the facility or unit that is being monitored is responsible for the groundwater standard being exceeded. An owner or operator may overcome that presumption by making a demonstration that a source other than the facility or unit that is being monitored caused the groundwater standard to be exceeded, or that the cause of the groundwater standard being exceeded is due to error in sampling, analysis or evaluation.

a) In making such demonstration the owner or operator shall:
1) Notify the Agency that the owner or operator intends to make a demonstration under this Section when submitting the groundwater monitoring results pursuant to Section 616.206; and
2) Submit a report to the Agency that demonstrates that a source other than a facility or unit for which he is the owner or operator caused the groundwater standard to be exceeded, or that the groundwater standard was exceeded due to an error in sampling, analysis or evaluation. Such report must be included with the next submission of groundwater monitoring results required pursuant to Section 616.206.
b) The Agency shall provide a written response to the owner or operator, based upon the written demonstration and any other relevant information, that specifies either:
1) Concurrence with the written demonstration for alternative corrective action with requirements to continue to monitor in accordance with the groundwater monitoring program established pursuant to Sections 616.205 and 616.210; or
2) Non-concurrence with the written demonstration for alternative corrective action and a description of the inadequacies of such demonstration.
c) An owner or operator who receives a written response of non-concurrence pursuant to subsection (c) shall have 30 days to so respond to the Agency in writing 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 alternative corrective action.
d) The owner or operator shall begin the corrective action program in accordance with the requirements of Section 616.210(f).

Notes

Ill. Admin. Code tit. 35, § 616.211

The following state regulations pages link to this page.



State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.