Notwithstanding Section
734.630(gg) and
(nn) of this Part, the following shall be
considered corrective action activities eligible for payment from the Fund even
when an owner or operator conducts these activities after the issuance of a No
Further Remediation Letter. Corrective action conducted under this Section and
costs incurred under this Section must comply with the requirements of Title
XVI of the Act and this Part, including, but not limited to, requirements for
the submission and Agency approval of corrective action plans and budgets,
corrective action completion reports, and applications for payment, provided
that no plan, budget, or report is required for activities conducted pursuant
to subsection (d) or (e) of this Section.
a) Corrective action to achieve residential
property remediation objectives if the owner or
operator demonstrates that
property remediated to industrial/commercial property remediation objectives
pursuant to Section 57.7(c)(3)(A)(ii) of the Act and Section
734.360(b)
of this Part is being developed into
residential property.
b) Corrective action to address groundwater
contamination if the owner or
operator demonstrates that such action is
necessary because a groundwater ordinance used as an institutional control
pursuant to Section 57.7(c)(3)(A)(iii) of the Act and Section
734.360(c)
of this Part can no longer be used as an
institutional control.
c) Corrective action to address groundwater
contamination if the owner or
operator demonstrates that such action is
necessary because an on-site groundwater use restriction used as an
institutional control pursuant to Section 57.7(c)(3)(A)(iv) of the Act and
Section
734.360(d)
of this Part must be lifted in order to allow the installation of a
potable
water supply well due to public water supply service no longer being available
for reasons other than an
act or omission of the owner or
operator.
d) The disposal of soil that does not exceed
industrial/commercial property remediation objectives, but that does exceed
Tier 1
residential property remediation objectives, if industrial/commercial
property remediation objectives were used pursuant to Section 57.7(c)(3)(A)(ii)
of the
Act and Section
734.360(b)
of this Part and the owner or
operator demonstrates that the contamination is
the result of the release for which the owner or
operator is eligible to seek
payment from the Fund and disposal of the soil is necessary as a result of
construction activities conducted after the issuance of a No Further
Remediation Letter on the site where the releaseoccurred, including, but not
limited to, the following: tank, line, or canopy repair, replacement, or
removal; building upgrades; sign installation; and water or sewer line
replacement. Costs eligible for payment under this subsection (d) are the costs
to transport the soil to a properly permitted disposal site and disposal site
fees, and may include, but are not limited to, costs for: disposal site waste
characterization sampling; disposal site authorization, scheduling, and
coordination; field oversight; disposal fees; and preparation of applications
for payment.
e) The disposal of
water exceeding
groundwater remediation objectives that is removed from an
excavation on the site where the release occurred if a
groundwater ordinance is
used as an institutional control pursuant to Section 57.7(c)(3)(A)(iii) of the
Act and Section
734.360(c)
of this Part, or if an on-
site groundwater use restriction is used as an
institutional control pursuant to Section 57.7(c)(3)(A)(iv) of the
Act and
Section
734.360(d)
of this Part and the owner or
operator demonstrates that the excavation is
located within the measured or modeled extent of groundwater contamination
resulting from the release for which the owner or
operator is eligible to seek
payment from the Fund and disposal of the groundwater is necessary as a result
of construction activities conducted after the issuance of a No Further
Remediation Letter on the site where the release occurred, including, but not
limited to, the following: tank, line, or canopy repair, replacement, or
removal; building upgrades; sign installation; and water or sewer line
replacement. [
415
ILCS 5/57.19 ].
f) Consulting fees for corrective action
conducted pursuant to subsections (a), (b), and (c) of this Section. Consulting
fees shall be subject to Subpart H of this Part.