# 35 Ill. Adm. Code 740.105: Section 740.105 Applicability

> Illinois · Regulations · In force

URL: https://www.frixlaw.com/law-library/statutes/STATE_IL_IAC_T35_P740_S740_105

## Section

- **Citation:** 35 Ill. Adm. Code 740.105
- **Heading:** Section 740.105 Applicability
- **Jurisdiction:** Illinois
- **Kind:** Regulations
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** Illinois Administrative Code / Title 35 ENVIRONMENTAL PROTECTION / CHAPTER I: POLLUTION CONTROL BOARD / Part 740 SITE REMEDIATION PROGRAM / Section 740.105 Applicability

## Text

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.

## Nearby sections

- [35 Ill. Adm. Code 740.100 Section 740.100  Purpose](https://www.frixlaw.com/law-library/statutes/STATE_IL_IAC_T35_P740_S740_100.md)
- [35 Ill. Adm. Code 740.105 Section 740.105  Applicability](https://www.frixlaw.com/law-library/statutes/STATE_IL_IAC_T35_P740_S740_105.md)
- [35 Ill. Adm. Code 740.110 Section 740.110  Permit Waiver](https://www.frixlaw.com/law-library/statutes/STATE_IL_IAC_T35_P740_S740_110.md)
- [35 Ill. Adm. Code 740.115 Section 740.115  Agency Authority](https://www.frixlaw.com/law-library/statutes/STATE_IL_IAC_T35_P740_S740_115.md)
- [35 Ill. Adm. Code 740.120 Section 740.120  Definitions](https://www.frixlaw.com/law-library/statutes/STATE_IL_IAC_T35_P740_S740_120.md)
- [35 Ill. Adm. Code 740.125 Section 740.125  Incorporations by Reference](https://www.frixlaw.com/law-library/statutes/STATE_IL_IAC_T35_P740_S740_125.md)
- [35 Ill. Adm. Code 740.130 Section 740.130  Severability](https://www.frixlaw.com/law-library/statutes/STATE_IL_IAC_T35_P740_S740_130.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_IL_IAC_T35_P740_S740_105. Check the current official text before relying on it. Not legal advice.