Section 740.105 Applicability

Section 740

Section 740.105

Applicability

a)         The procedures set forth in this Part may be used by any

person required under the Act or electing to perform investigative or remedial

activities at a site where there is a release, threatened release, or suspected

release of hazardous substances, pesticides, or petroleum unless:

1)         The site is on the National Priorities List (Appendix B of 40

CFR 300);

2)         The investigative and remedial activities for which Agency

review, evaluation and approval are requested are required under a current

State or federal solid or hazardous waste permit or are closure requirements

for a solid or hazardous waste treatment, storage or disposal site under

applicable State or federal laws and implementing regulations;

3)         The investigative and remedial activities for which Agency

review, evaluation and approval are requested are required under State or

federal underground storage tank laws and implementing regulations; or

4)         The investigative and remedial activities for which Agency

review, evaluation and approval are requested are required by a federal court

order or an order issued by the United States Environmental Protection Agency

and compliance with this Part would be contrary to the terms of that order.

b)         Any person whose site is excluded under subsection (a) may utilize

the provisions of this Part to the extent allowed by federal law, federal

authorization, or by other federal approval.

c)         Any person whose site has previously enrolled in the Agency

voluntary program and whose site is otherwise eligible under Title XVII of the

Environmental Protection Act (Act) [415 ILCS 5] and this Part may elect in

accordance with Section 58.1(b) of the Act to use the procedures provided in

this Part.  In determining compliance with Title XVII of the Act and this Part

for activities at such sites, the Agency may accept any documents that are

comparable to those required to be submitted under this Part

ible under Title XVII of the

Environmental Protection Act (Act) [415 ILCS 5] and this Part may elect in

accordance with Section 58.1(b) of the Act to use the procedures provided in

this Part.  In determining compliance with Title XVII of the Act and this Part

for activities at such sites, the Agency may accept any documents that are

comparable to those required to be submitted under this Part.

d)         Except for sites excluded under subsection (a), investigative

or remedial activities at agrichemical facilities may be performed under this

Part.

e)         All applicable requirements of this Part, including those for

plans and reports, shall be satisfied prior to the issuance of a No Further

Remediation Letter.