Ill. Admin. Code tit. 35 § 750.450

Current through Register Vol. 48, No. 45, November 8, 2024

Section 750.450 - Phase V - Planned Removal

a) Planned removal may be undertaken pursuant to a contract or cooperative agreement when the IEPA determines that:

1) There would be a substantial cost savings by continuing a response action with the equipment and resources mobilized for an immediate removal action taken pursuant to Section 750.420, but terminated pursuant to Section 750.420(c); or

2) The public and/or environment will be at risk from exposure to hazardous substances if response is delayed at a release not on the State Priorities List.

b) Among the factors that IEPA will use to determine whether a planned removal is appropriate under Section 750.450(a)(2) are the following:

1) Actual or potential direct contact with hazardous substances by nearby population;

2) Contaminated drinking water at the tap;

3) Hazardous substances in drums, barrels, tanks, or other bulk storage containers, that are known to pose a serious threat to public health or the environment;

4) Highly contaminated soils largely at or near surface, posing a serious threat to public health or the environment;

5) Serious threat of fire or explosion; or

6) Weather conditions that may cause substances to migrate and pose a serious threat to public health or the environment.

c) Planned removal actions shall be terminated when the IEPA determines that the risk to the public health or the environment has been abated. In making this determination, the IEPA shall consider whether the factors listed in Section 750.440(c) continue to apply to the release and whether any contaminated waste materials transported off-site have been treated or disposed of properly.

d) Obligations from the Fund shall not continue after $1 million has been obligated for response actions or six months has elapsed from the date of initial response to the release, unless the IEPA finds that:

1) continued response actions are immediately required to prevent, limit or mitigate an emergency;

2) there is an immediate risk to public health or welfare or the environment; and

3) such assistance will not otherwise be provided on a timely basis.

Ill. Admin. Code tit. 35, § 750.450