Section 742.200 Definitions

Section 742

Section 742.200  Definitions

Except as stated in this

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

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

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

"Act" means the Illinois Environmental Protection Act [415 ILCS

5].

"ADL" means Acceptable Detection Limit, which is the detectable

concentration of a substance that is equal to the lowest appropriate Practical

Quantitation Limit (PQL) as defined in this Section.

"Agency" means the Illinois Environmental Protection Agency.

"Agricultural Property" means any real property for which its

present or post-remediation use is for growing agricultural crops for food or

feed either as harvested crops, cover crops or as pasture.  This definition

includes, but is not limited to, properties used for confinement or grazing of

livestock or poultry and for silviculture operations.  Excluded from this

definition are farm residences, farm outbuildings and agrichemical facilities.

"Aquifer" means

saturated (with groundwater) soils and

geologic materials which are sufficiently permeable to readily yield

economically useful quantities of water to wells, springs, or streams under

ordinary hydraulic gradients

. (Illinois Groundwater Protection Act [415

ILCS 55/3(a)])

"Area Background" means

concentrations of regulated

substances that are consistently present in the environment in the vicinity of

a site that are the result of natural conditions or human activities,

and

not the result solely of releases at the site. [415 ILCS 5/58.2]

"ASTM"

means the American Society for Testing and Materials.

"Board"

means the Illinois Pollution Control Board.

"Building" means a

man-made structure with an enclosing roof and enclosing walls (except for

windows and doors) that is fit for any human occupancy for at least six

consecutive months

ditions or human activities,

and

not the result solely of releases at the site. [415 ILCS 5/58.2]

"ASTM"

means the American Society for Testing and Materials.

"Board"

means the Illinois Pollution Control Board.

"Building" means a

man-made structure with an enclosing roof and enclosing walls (except for

windows and doors) that is fit for any human occupancy for at least six

consecutive months.

"Building Control Technology"

means any technology or barrier that affects air flow or air pressure within a

building for purposes of reducing or preventing contaminant migration to the

indoor air.

"Cancer

Risk" means a unitless probability of an individual developing cancer from

a defined exposure rate and frequency.

"Cap"

means a barrier designed to prevent the infiltration of precipitation or other

surface water, or impede the ingestion or inhalation of contaminants.

"Capillary Fringe" means

the zone above the water table in which water is held by surface tension.

Water in the capillary fringe is under a pressure less than atmospheric.

"Carcinogen"

means

a contaminant that is classified as a category A1 or A2 carcinogen by

the American Conference of Governmental Industrial Hygienists; a category 1 or

2A/2B carcinogen by the World Health Organization's International Agency for

Research on Cancer;

a "human carcinogen" or "anticipated

human carcinogen" by the United States Department of Health and Human

Service National Toxicological Program;

or a category A or B1/B2

carcinogen

or as "carcinogenic to humans" or "likely to be

carcinogenic to humans"

by the United States Environmental Protection

Agency in

the

integrated risk information system or a final rule issued

in a Federal Register notice by the USEPA

. [415 ILCS 5/58.2]

"Class I

Groundwater" means groundwater that meets the Class I:  Potable Resource

Groundwater criteria set forth in 35 Ill. Adm. Code 620.

"Class II

Groundwater" means groundwater that meets the Class II:  General Resource

Groundwater criteria set forth in 35 Ill. Adm

in

the

integrated risk information system or a final rule issued

in a Federal Register notice by the USEPA

. [415 ILCS 5/58.2]

"Class I

Groundwater" means groundwater that meets the Class I:  Potable Resource

Groundwater criteria set forth in 35 Ill. Adm. Code 620.

"Class II

Groundwater" means groundwater that meets the Class II:  General Resource

Groundwater criteria set forth in 35 Ill. Adm. Code 620.

"Conservation

Property" means any real property for which present or post-remediation

use is primarily for wildlife habitat.

"Construction

Worker" means a person  engaged on a temporary basis to perform work

involving invasive construction activities including, but not limited to,

personnel performing demolition, earth-moving, building, and routine and

emergency utility installation or repair activities.

"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

person

conducting a remediation

based upon reasonable inquiry

. [415 ILCS

5/58.2]

"County Highway" means

county highway as defined in the Illinois Highway Code [605 ILCS 5].

"District Road" means

district road as defined in the Illinois Highway Code [605 ILCS 5].

"Engineered Barrier"

means a barrier designed or verified using engineering practices that limits

exposure to or controls migration of the contaminants of concern.

"Environmental

Land Use Control" means an instrument that meets the requirements of this

Part and is placed in the chain of title to real property that limits or places

requirements upon the use of the property for the purpose of protecting human

health or the environment, is binding upon the property owner, heirs,

successors, assigns, and lessees, and runs in perpetuity or until the Agency

approves, in writing, removal of the limitation or requirement from the chain

of title

is

Part and is placed in the chain of title to real property that limits or places

requirements upon the use of the property for the purpose of protecting human

health or the environment, is binding upon the property owner, heirs,

successors, assigns, and lessees, and runs in perpetuity or until the Agency

approves, in writing, removal of the limitation or requirement from the chain

of title.

"Exposure

Route" means the transport mechanism by which a contaminant of concern

reaches a receptor.

"Federally

Owned Property" means real property owned in fee by the United States of

America on which institutional controls are sought to be placed in accordance

with this Subpart.

"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.

"Free

Product" means a contaminant that is present as a non-aqueous phase liquid

for chemicals whose melting point is less than 30°C (e.g., liquid not dissolved

in water).

"GIS"

means Geographic Information System.

"GPS"

means Global Positioning System.

"Groundwater"

means underground water which occurs within the saturated zone and geologic

materials where the fluid pressure in the pore space is equal to or greater

than atmospheric pressure.

[415 ILCS 5/3.64]

"Groundwater

Quality Standards" means the standards for groundwater as set forth in 35

Ill. Adm. Code 620.

"Hazard

Quotient" means the ratio of a single substance exposure level during a

specified time period to a reference dose for that substance derived from a

similar exposure period

re the fluid pressure in the pore space is equal to or greater

than atmospheric pressure.

[415 ILCS 5/3.64]

"Groundwater

Quality Standards" means the standards for groundwater as set forth in 35

Ill. Adm. Code 620.

"Hazard

Quotient" means the ratio of a single substance exposure level during a

specified time period to a reference dose for that substance derived from a

similar exposure period.

"Highway"

means

any public way for vehicular travel which has been laid out in

pursuance of any law of this State, or of the Territory of Illinois, or which

has been established by dedication, or used by the public as a highway for 15

years, or which has been or may be laid out and connect a subdivision or

platted land with a public highway and which has been dedicated for the use of

the owners of the land included in the subdivision or platted land where there

has been an acceptance and use under such dedication by such owners, and which

has not been vacated in pursuance of law.  The term "highway"

includes rights of way, bridges, drainage structures, signs, guard rails,

protective structures and all other structures and appurtenances necessary or

convenient for vehicular traffic.  A highway in a rural area may be called a

"road", while a highway in a municipal area may be called a

"street"

. (Illinois Highway Code [605 ILCS 5/2-202])

"Highway

Authority" means

the Department

of Transportation

with respect

to a State highway;

the Illinois State Toll Highway with respect to a toll

highway;

the County Board with respect to a county highway or a county unit

district road if a discretionary function is involved and the County

Superintendent of Highways if a ministerial function is involved; the Highway

Commissioner with respect to a township or district road not in a county unit

road district; or the corporate authorities of a municipality with respect to a

municipal street

ghway;

the County Board with respect to a county highway or a county unit

district road if a discretionary function is involved and the County

Superintendent of Highways if a ministerial function is involved; the Highway

Commissioner with respect to a township or district road not in a county unit

road district; or the corporate authorities of a municipality with respect to a

municipal street.

(Illinois Highway Code [605 ILCS 5/2-213])

"Human

Exposure Pathway" means a physical condition which may allow for a risk to

human health based on the presence of all of the following:  contaminants of

concern; an exposure route; and a receptor activity at the point of exposure

that could result in contaminant of concern intake.

"Industrial/Commercial

Property" means any real property that does not meet the definition of

residential property, conservation property or agricultural property.

"Infiltration"

means the amount of water entering into the ground as a result of

precipitation.

"Institutional

Control" means a legal mechanism for imposing a restriction on land use,

as described in Subpart J.

"Intrusive activities" means activities that would

affect potential flow of contaminants into a building (e.g., breaching the

integrity of a foundation due to repairs or installation of utilities).

"Land Use

Control Memoranda of Agreement" mean agreements entered into between one

or more agencies of the United States and the Illinois Environmental Protection

Agency that limit or place requirements upon the use of Federally Owned

Property for the purpose of protecting human health or the environment.

"Man-Made

Pathways" means

constructed

physical conditions

that may allow

for the transport of regulated substances including, but not limited to,

sewers, utility lines, utility

or elevator

vaults, building foundations,

basements, crawl spaces, drainage ditches, previously excavated and filled

areas

or sumps

erally Owned

Property for the purpose of protecting human health or the environment.

"Man-Made

Pathways" means

constructed

physical conditions

that may allow

for the transport of regulated substances including, but not limited to,

sewers, utility lines, utility

or elevator

vaults, building foundations,

basements, crawl spaces, drainage ditches, previously excavated and filled

areas

or sumps

.

[415 ILCS 5/58.2]

"Natural

Pathways" means

natural

physical conditions that may allow

for

the transport of regulated substances including, but not limited to, soil,

groundwater, sand seams and lenses, and gravel seams and lenses.

[415 ILCS

5/58.2]

"Person"

means an

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]

"Point of Human Exposure" means the points at which

human exposure to a contaminant of concern may reasonably be expected to

occur.  The point of human exposure is at the source, unless an institutional

control limiting human exposure for the applicable exposure route has been or

will be in place, in which case the point of human exposure will be the

boundary of the institutional control.  Point of human exposure may be at a

different location than the point of compliance.

"Populated Area" means:

an area within

the boundaries of a municipality that has a population of 10,000 or greater

based on the year 2000 or most recent census; or

an area less

than three miles from the boundary of a municipality that has a population of

10,000 or greater based on the year 2000 or most recent census.

"Potable" means

generally fit for human consumption in

accordance with accepted water supply principles and practices

he boundaries of a municipality that has a population of 10,000 or greater

based on the year 2000 or most recent census; or

an area less

than three miles from the boundary of a municipality that has a population of

10,000 or greater based on the year 2000 or most recent census.

"Potable" means

generally fit for human consumption in

accordance with accepted water supply principles and practices.

(Illinois

Groundwater Protection

Act [415 ILCS 55/3(h)])

"PQL" means practical quantitation limit or estimated

quantitation limit, which is 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 in Section 742.210.  When applied to filtered water samples, PQL

includes the method detection limit or estimated detection limit in accordance

with the applicable method revision in:  "Methods for the Determination of

Organic Compounds in Drinking Water", Supplement II", EPA Publication

No. EPA/600/4-88/039; "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 in Section 742.210.

"Q

soil

"

means the volumetric flow rate of soil gas from the subsurface into the

enclosed building space.

"RBCA" means Risk Based Corrective Action as defined in ASTM

E-1739-95, as incorporated by reference in Section 742.210.

"RCRA" means the Resource Conservation and Recovery Act of 1976

(42 USC 6921)

tion No. EPA/600/R-95/131,

all of which are incorporated by reference in Section 742.210.

"Q

soil

"

means the volumetric flow rate of soil gas from the subsurface into the

enclosed building space.

"RBCA" means Risk Based Corrective Action as defined in ASTM

E-1739-95, as incorporated by reference in Section 742.210.

"RCRA" means the Resource Conservation and Recovery Act of 1976

(42 USC 6921).

"Reference Concentration" or "RfC" means an estimate

of a daily exposure, in units of milligrams of chemical per cubic meter of air

(mg/m

3

), to the human population (including sensitive subgroups)

that is likely to be without appreciable risk of deleterious effects during a

portion of a lifetime (up to approximately seven years, subchronic) or for a

lifetime (chronic).

"Reference Dose" or "RfD" means an estimate of a

daily exposure, in units of milligrams of chemical per kilogram of body weight

per day (mg/kg/d), to the human population (including sensitive subgroups) that

is likely to be without appreciable risk of deleterious effects during a

portion of a lifetime (up to approximately seven years, subchronic) or for a

lifetime (chronic).

"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]

"Rendered inoperable" means having become unable to

operate effectively, including, but not limited to, being shut down as part of

routine maintenance or due to a malfunction, power failure, or vandalism

e 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]

"Rendered inoperable" means having become unable to

operate effectively, including, but not limited to, being shut down as part of

routine maintenance or due to a malfunction, power failure, or vandalism.

"Residential Property"

means any real property that is used

for habitation by individuals, or

where children have the opportunity for

exposure to contaminants through ingestion or inhalation (indoor or outdoor) at

educational facilities, health care facilities, child care facilities or

recreational areas. [415 ILCS 5/58.2]

"Right of Way" means

the land, or interest therein, acquired

for or devoted to a highway.

(Illinois Highway Code [605 ILCS 5/2-217])

"Saturated

Zone" means a subsurface zone in which all the interstices or voids are

filled with water under pressure greater than that of the atmosphere.

"Similar-Acting Chemicals" are chemical substances that have

toxic or harmful effect on the same specific organ or organ system (see

Appendix A.Tables E and F for a list of similar-acting chemicals with

noncarcinogenic and carcinogenic effects).

"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]

"Slurry Wall" means a man-made barrier made of geologic

material which is constructed to prevent or impede the movement of

contamination into a certain area.

"Soil

Gas" means the air existing in void spaces in the soil between the

groundwater table and the ground surface.

"Soil Saturation Limit"

or "C

sat

"  means the contaminant concentration at which

the absorptive limits of the soil particles, the solubility limits of the

available soil moisture, and saturation of soil pore air have been reached

e movement of

contamination into a certain area.

"Soil

Gas" means the air existing in void spaces in the soil between the

groundwater table and the ground surface.

"Soil Saturation Limit"

or "C

sat

"  means the contaminant concentration at which

the absorptive limits of the soil particles, the solubility limits of the

available soil moisture, and saturation of soil pore air have been reached.

Above the soil saturation concentration, the assumptions regarding vapor

transport to air and/or dissolved phase transport to groundwater (for chemicals

that are liquid at ambient soil temperatures) do not apply, and alternative modeling

approaches are required.

"Soil Vapor

Saturation Limit" or "C

v

sat

" means the

maximum vapor concentration that can exist in the soil pore air at a given

temperature and pressure.

"Solubility" means a chemical specific maximum amount of solute

that can dissolve in a specific amount of solvent (groundwater) at a specific

temperature.

"SPLP" means Synthetic Precipitation Leaching Procedure (Method

1312) as published in "Test Methods for Evaluating Solid Waste,

Physical/Chemical Methods", USEPA Publication No. SW-846, as incorporated

by reference in Section 742.210.

"SSL" means Soil Screening Levels as defined in USEPA's Soil

Screening Guidance: User's Guide and Technical Background Document, as

incorporated by reference in Section 742.210.

"State Highway" means State highway as defined in the Illinois

Highway Code [605 ILCS 5].

"Stratigraphic Unit" means a site-specific geologic unit of

native deposited material and/or bedrock of varying thickness (e.g., sand,

gravel, silt, clay, bedrock, etc.).  A change in stratigraphic unit is

recognized by a clearly distinct contrast in geologic material or a change in

physical features within a zone of gradation

tate highway as defined in the Illinois

Highway Code [605 ILCS 5].

"Stratigraphic Unit" means a site-specific geologic unit of

native deposited material and/or bedrock of varying thickness (e.g., sand,

gravel, silt, clay, bedrock, etc.).  A change in stratigraphic unit is

recognized by a clearly distinct contrast in geologic material or a change in

physical features within a zone of gradation.  For the purposes of this Part, a

change in stratigraphic unit is identified by one or a combination of

differences in physical features such as texture, cementation, fabric,

composition, density, and/or permeability of the native material and/or

bedrock.

"Street" means street as defined in the Illinois Highway Code

[605 ILCS 5].

"TCLP" means Toxicity Characteristic Leaching Procedure (Method

1311) as published in "Test Methods for Evaluating Solid Waste,

Physical/Chemical Methods", USEPA Publication No. SW-846, as incorporated

by reference in Section 742.210.

"Toll Highway" means toll highway as defined in the Illinois

Highway Code [605 ILCS 5].

"Total Petroleum Hydrocarbon" or "TPH" means the

additive total of all petroleum hydrocarbons found in an analytical sample.

"Township Road" means township road as defined in the Illinois

Highway Code [605 ILCS 5].

"Unconfined Aquifer"

means an aquifer whose upper surface is a water table free to fluctuate under

atmospheric pressure.

"Volatile Chemicals"

means chemicals with a Dimensionless Henry's Law Constant of greater than 1.9 x

10

-2

or a vapor pressure greater than 0.1 Torr (mmHg) at 25°C.  For

purposes of the indoor inhalation exposure route, elemental mercury is included

in this definition.

"Water

Table" means the top water surface of an unconfined aquifer at atmospheric

pressure.