Section 740.120 Definitions

Section 740

Section 740.120  Definitions

Except as stated in this

Section, or unless a different meaning of a word or term is clear from the

context, the definitions of words or terms in this Part shall be the same as

that applied to the same words or terms in the Environmental Protection Act.

"Abandoned property" means real property

previously used for, or that has the potential to be used for, commercial or

industrial purposes that reverted to the ownership of the State, a county or

municipal government, or an agency thereof, through donation, purchase, tax

delinquency, foreclosure, default, or settlement, including conveyance by deed

in lieu of foreclosure; or privately owned property that has been vacant for a

period of not less than 3 years from the time an application is made to the

Department of Commerce and Economic

Opportunity.  [415 ILCS 5/58.15(B)(b)(2)]

"

Act

"

means the Environmental

Protection Act [415 ILCS 5].

"Agency" means the Illinois Environmental

Protection Agency.

[415 ILCS 5/3.01]

"Agency travel costs" means costs incurred and

documented for travel in accordance with 80 Ill. Adm. Code 2800 and 3000 by

individuals employed by the Agency.  Such costs include costs for lodging,

meals, travel, automobile mileage, vehicle leasing, tolls, taxi fares, parking

and miscellaneous items.

"Agrichemical facility" means a site on which

agricultural pesticides are stored or handled, or both, in preparation for end

use, or distributed.  The term does not include basic manufacturing facility

sites.

[415 ILCS 5/58.2]

"ASTM" means the American Society for Testing

and Materials.

[415 ILCS 5/58.2]

"Authorized agent" means a person who is authorized

by written consent or by law to act on behalf of an owner, operator, or

Remediation Applicant.

"Board" means the Pollution Control Board

h, in preparation for end

use, or distributed.  The term does not include basic manufacturing facility

sites.

[415 ILCS 5/58.2]

"ASTM" means the American Society for Testing

and Materials.

[415 ILCS 5/58.2]

"Authorized agent" means a person who is authorized

by written consent or by law to act on behalf of an owner, operator, or

Remediation Applicant.

"Board" means the Pollution Control Board.

"Contaminant of concern" or

"regulated

substance of concern" means any contaminant that is expected to be present

at the site based upon past and current land uses and associated releases that

are known to the

Remediation Applicant

based upon reasonable

inquiry.

[415 ILCS 5/58.2]

"Costs" means all costs incurred by the Agency in

providing services pursuant to a Review and Evaluation Services Agreement.

"DCEO" means the Department of Commerce and

Economic Opportunity (previously known as the Department of Commerce and

Community Affairs).

"Federal Landholding Entity" means that federal

department, agency or instrumentality with the authority to occupy and control

the day-to-day use, operation, and management of Federally Owned Property.

"Federally Owned Property" means real property

owned in fee by the United States on which an institutional control is or

institutional controls are sought to be placed in accordance with this Part.

"GIS" means Geographic Information System.

"GPS" means Global Positioning System.

"Groundwater management zone" or "GMZ"

means a three-dimensional region containing groundwater being managed to

mitigate impairment caused by the release of contaminants of concern at a

remediation site.

"Indirect costs" means those costs incurred by the

Agency that cannot be attributed directly to a specific site but are necessary

to support the site-specific activities, including, but not limited to, such

expenses as managerial and administrative services, building rent and

maintenance, utilities, telephone and office supplies

by the release of contaminants of concern at a

remediation site.

"Indirect costs" means those costs incurred by the

Agency that cannot be attributed directly to a specific site but are necessary

to support the site-specific activities, including, but not limited to, such

expenses as managerial and administrative services, building rent and

maintenance, utilities, telephone and office supplies.

"Institutional Control" means a legal mechanism for

imposing a restriction on land use.

"Laboratory costs" means costs for services and

materials associated with identifying, analyzing, and quantifying chemical

compounds in samples at a laboratory.

"Land Use Control Memorandum of Agreement" or

"LUC MOA" means an agreement entered into between one or more agencies

of the United States and the Illinois Environmental Protection Agency that

limits or places requirements upon the use of Federally Owned Property for the

purpose of protecting human health or the environment, or that is used to

perfect a No Further Remediation Letter that contains land use restrictions.

"Licensed Professional Engineer"

or

"LPE"

means a person, corporation or partnership licensed under the laws of this

State to practice professional engineering.

[415 ILCS 5/58.2]

"Other contractual costs" means costs for

contractual services not otherwise specifically identified, including, but not

limited to, printing, blueprints, photography, film processing, computer

services and overnight mail.

"Perfect" or "Perfected" means recorded

or filed for record so as to place the public on notice, or as otherwise

provided in Sections 740.621 and 740.622 of this Part.

"Person" means individual, trust, firm, joint

stock company, joint venture, consortium, commercial entity, corporation

(including a government corporation), partnership, association, state,

municipality, commission, political subdivision of a state, or any interstate

body, including the United States Government and each department, agency and

instrumentality of the United States

of this Part.

"Person" means individual, trust, firm, joint

stock company, joint venture, consortium, commercial entity, corporation

(including a government corporation), partnership, association, state,

municipality, commission, political subdivision of a state, or any interstate

body, including the United States Government and each department, agency and

instrumentality of the United States.

[415 ILCS 5/58.2]

"Personal services costs" means costs relative to

the employment of individuals by the Agency.  Such costs include, but are not

limited to, hourly wages and fringe benefits.

"Pesticide" means any substance or mixture of

substances intended for preventing, destroying, repelling, or mitigating any

pest or any substance or mixture of substances intended for use as a plant

regulator, defoliant or desiccant

. [415 ILCS 60/4]

"Practical quantitation limit" or "PQL"

or "Estimated quantitation limit" means the lowest concentration that

can be reliably measured within specified limits of precision and accuracy for

a specific laboratory analytical method during routine laboratory operating

conditions in accordance with "Test Methods for Evaluating Solid Wastes, Physical/Chemical

Methods," EPA Publication No. SW-846, incorporated by reference at Section

740.125 of this Part.  For filtered water samples, PQL also means the Method

Detection Limit or Estimated Detection Limit in accordance with the applicable

method revision in: "Methods for the Determination of Metals in

Environmental Samples," EPA Publication No. EPA/600/4-91/010;

"Methods for the Determination of Metals in Environmental Samples,

Supplement I," EPA Publication No. EPA/600/R-94/111; "Methods for the

Determination of Organic Compounds in Drinking Water," EPA Publication No.

EPA/600/4-88/039;  "Methods for the Determination of Organic Compounds in

Drinking Water, Supplement II," EPA Publication No. EPA/600/R-92/129; or

"Methods for the Determination of Organic Compounds in Drinking Water,

Supplement III," EPA Publication No

plement I," EPA Publication No. EPA/600/R-94/111; "Methods for the

Determination of Organic Compounds in Drinking Water," EPA Publication No.

EPA/600/4-88/039;  "Methods for the Determination of Organic Compounds in

Drinking Water, Supplement II," EPA Publication No. EPA/600/R-92/129; or

"Methods for the Determination of Organic Compounds in Drinking Water,

Supplement III," EPA Publication No. EPA/600/R-95/131, all of which are

incorporated by reference at Section 740.125 of this Part.

"Reasonably obtainable" means that a copy or

reasonable facsimile of the record must be obtainable from a private entity or

government agency by request and upon payment of a processing fee, if any.

"Recognized environmental condition" means the

presence or likely presence of any regulated substance or pesticide under

conditions that indicate a release, threatened release or suspected release of

any regulated substance or pesticide at, on, to or from a remediation site into

structures, surface water, sediments, groundwater, soil, fill or geologic

materials.  The term shall not include de minimis conditions that do not

present a threat to human health or the environment.

"Regulated substance" means any hazardous

substance as defined under Section 101(14) of the Comprehensive Environmental

Response, Compensation, and Liability Act of 1980 (P.L. 96-510) and petroleum

products, including crude oil or any fraction thereof, natural gas, natural gas

liquids, liquefied natural gas, or synthetic gas usable for fuel (or mixtures

of natural gas and such synthetic gas).

[415 ILCS 5/58.2]

"Regulated substance of concern"

or

"contaminant of concern"

means any contaminant that is expected to

be present at the site based upon past and current land uses and associated

releases that are known to the Remediation Applicant based upon reasonable

inquiry

quids, liquefied natural gas, or synthetic gas usable for fuel (or mixtures

of natural gas and such synthetic gas).

[415 ILCS 5/58.2]

"Regulated substance of concern"

or

"contaminant of concern"

means any contaminant that is expected to

be present at the site based upon past and current land uses and associated

releases that are known to the Remediation Applicant based upon reasonable

inquiry.

[415 ILCS 5/58.2]

"Release" means any spilling, leaking, pumping,

pouring, emitting, emptying, discharging, injecting, escaping, leaching,

dumping, or disposing into the environment, but excludes any release which

results in exposure to persons solely within a workplace, with respect to a

claim which such persons may assert against the employer or such persons;

emissions from the engine exhaust of a motor vehicle, rolling stock, aircraft,

vessel, or pipeline pumping station engine; release of source, byproduct, or

special nuclear material from a nuclear incident, as those terms are defined in

the

federal

Atomic Energy Act of 1954, if such release is subject to

requirements with respect to financial protection established by the Nuclear

Regulatory Commission under Section 170 of such Act; and the normal application

of fertilizer.

[415 ILCS 5/3.33]

"Remedial action" means activities associated

with compliance with the provisions of Sections 58.6 and 58.7

of the Act,

including, but not limited to, the conduct of site investigations, preparation

of work plans and reports, removal or treatment of contaminants, construction

and maintenance of engineered barriers, and/or implementation of institutional

controls. [415 ILCS 5/58.2]

"Remediation Applicant"

or

"RA"

means any person seeking to perform or performing investigative or remedial

activities under

Title XVII of the Act, including the owner or operator

of the site or persons authorized by law or consent to act on behalf of or in

lieu of the owner or operator of the site

ance of engineered barriers, and/or implementation of institutional

controls. [415 ILCS 5/58.2]

"Remediation Applicant"

or

"RA"

means any person seeking to perform or performing investigative or remedial

activities under

Title XVII of the Act, including the owner or operator

of the site or persons authorized by law or consent to act on behalf of or in

lieu of the owner or operator of the site.

[415 ILCS 5/58.2]

"Remediation costs" means reasonable costs paid

for investigating and remediating regulated substances of concern consistent

with the remedy selected for

the

site.  For purposes of

Subparts G and

I of this Part,

"Remediation Costs" shall not include costs

incurred prior to January 1, 1998, costs incurred after the issuance of a No

Further Remediation Letter under

Subpart F of this Part,

or costs

incurred more than 12 months prior to acceptance into the Site Remediation Program

under this Part. [415 ILCS 5/58.2]

"Remediation objective" means a goal to be achieved

in performing remedial action, including but not limited to the concentration

of a contaminant, an engineered barrier or engineered control, or an

institutional control established under Section 58.5 of the Act or Section

740.Subpart D of this Part.

"Remediation site" means the single location,

place, tract of land, or parcel or portion of any parcel of property, including

contiguous property separated by a public right-of-way, for which review,

evaluation, and approval of any plan or report has been requested by the

Remediation Applicant in its application for review and evaluation services.

This term also includes, but is not limited to, all buildings and improvements

present at that location, place, or tract of land.

"Residential property" means any real property

that is used for habitation by individuals,

or where children have the

opportunity for exposure to contaminants through soil ingestion or inhalation

at educational facilities, health care facilities, child care facilities, or

outdoor recreational areas

t limited to, all buildings and improvements

present at that location, place, or tract of land.

"Residential property" means any real property

that is used for habitation by individuals,

or where children have the

opportunity for exposure to contaminants through soil ingestion or inhalation

at educational facilities, health care facilities, child care facilities, or

outdoor recreational areas. [415 ILCS 5/58.2]

"Review and Evaluation Licensed Professional

Engineer" or "RELPE" means the licensed professional engineer

with whom a Remediation Applicant has contracted to perform review and

evaluation services under the direction of the Agency.

"Site" means any single location, place, tract

of land or parcel of property or portion thereof, including contiguous property

separated by a public right-of-way

.  [415 ILCS 5/58.2] This term also

includes, but is not limited to, all buildings and improvements present at that

location, place or tract of land.

"Soil management zone" or "SMZ" means a

three dimensional region containing soil being managed to mitigate

contamination caused by the release of contaminants at a remediation site.

"Underutilized property" means real property of

which less than 35% of the commercially usable space of the property and

improvements thereon are used for their most commercially profitable and

economically productive uses.

[415 ILCS 5/58.15(B)(b)(2)]