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REMEDIAL
ACTION PROGRAM ELIGIBILITY REQUIREMENTS
| Remedial
Action Program Highlights |
| The
remedial action program will provide reimbursement of site investigation
costs and cleanup of existing soil and groundwater contamination
associated with drycleaning solvents that are discovered at the
facility after July 1, 1997 and before June 30, 2006. |
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For
active facilities, maximum financial benefits are $300,000 and
inactive facilities can receive a maximum benefit of $50,000.
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| The
deductible for active facilities is $5,000 for site investigation
costs and $10,000 for cleanup costs. Inactive facilities have a
$10,000 deductible for site investigation costs and $10,000 for
cleanup costs. |
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| Remedial
Action Program Eligibility Requirements |
| The
following claimants are eligible for reimbursement from the Remedial
Action Program: |
The
owner or operator of an active drycleaning facility which is licensed
by the Illinois Drycleaner Environmental Response Trust Fund at
the time of application for remedial action benefits.
The owner or operator of an inactive
drycleaning facility who was also the owner or operator of that
drycleaning facility when it was an active drycleaning facility.
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| To
be eligible for reimbursement, an owner or operator must satisfy
the following requirements and conditions: |
| 1. |
The
source of the release is from the claimant's drycleaning facility
and the drycleaning solvent contamination exceeds the Illinois
EPA Tiered Approach to Corrective Action Objectives (TACO) for
the site. This would be demonstrated by conducting a site investigation.
The
site investigation is comprised of two phases: a Phase I Environmental
Site Assessment which shall identify recognized environmental
conditions or chemical contaminants of concern, including drycleaning
solvents, that may be associated with the site; and a Focused
Phase II Environmental Site Assessment which shall investigate
only those environmental conditions and contaminants of concern
specifically associated with drycleaning solvents that may have
contaminated soil and groundwater.
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| 2.
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At
the time the release was discovered, the claimant and the drycleaning
facility were in compliance with all Illinois EPA reporting and
technical operating requirements.
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| 3. |
If
applicable, the claimant reported the release in a timely manner
to the Illinois Emergency management Agency (IEMA) or the Illinois
Environmental Protection Agency (IEPA), in accordance with State
law. |
| 4. |
The
claimant has not filed for bankruptcy on, or after the date of the
discovery of the release. |
| 5. |
The
release must have been discovered on, or after July 1, 1997 and
before July 1, 2006. |
| 6. |
Application
for remedial action account benefits must be submitted to the Council
on or before June 30, 2005 by submitting a budget proposal. |
| 7. |
The
claimant must submit a completed application form as provided by
the Council by June 30, 2006. This form would include documentation
of contamination and a completed claim form. |
| 8. |
If
the claim is for reimbursement of remedial action expenses at an
active drycleaning facility, the claimant must demonstrate continuous
financial assurance for environmental liability coverage in the
amount of at least $500,000 beginning the date of award of benefits
or by July 1, 2000, whichever is earlier. |
| 9. |
For
an active drycleaning facility only, the claimant must provide to
the Council proof of implementation and maintenance of the following
pollution prevention measures: |
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a. |
Containment
devices or diked areas shall exist around all: |
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drycleaning units
hazardous waste containers
wastewater containers
solvent storage tanks or containers
used filter containers |
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i.
The containment device for the drycleaning machine must be capable
of holding a capacity of 110 percent of the largest tank (or vessel)
in the drycleaning machine. |
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ii.
The containment device for portable hazardous waste containers,
wastewater containers and used filter containers must be capable
of holding 100 percent capacity of the largest portable container,
wastewater container or used filter container, or at least 10 percent
of the total volume of the portable containers stored within the
containment device, whichever is greater. |
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iii.
The containment device for portable hazardous waste containers,
wastewater containers and used filter containers should be located
within the drycleaning facility. If the portable hazardous waste
container is not located within the drycleaning facility, then the
portable hazardous waste container and the containment device must
be located in a structure designed to prevent unauthorized access
and prevent exposure to natural elements and provide safety to human
health and the environment. |
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iv.
Petroleum underground storage tank systems that are upgraded in
accordance with USEPA upgrade standards pursuant to 40 CFR Part
280 for the tanks and related piping systems and use a leak detection
system approved by the USEPA or IEPA are exempt from this secondary
containment requirement. |
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b. |
Floor
surface in the contained/diked area shall be impervious to solvent
leaks, spills or other releases. |
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c. |
All
drycleaning solvent wastes generated shall be managed in accordance
with applicable state waste management laws and rules: |
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i.
Requirements for Conditionally Exempt Small Quantity Generators
(CESQGs)
Identify all hazardous wastes that
you generate.
Hire a licensed special waste hauler
to transport your hazardous wastes to a facility permitted to receive
waste.
Do not accumulate more than 1,000 kilograms
(2,200 pounds) of hazardous wastes on your property at any time. |
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ii
Requirements for Small Quantity Generators (SQGs)
Accumulate hazardous wastes in containers
(such as 16-gallon drums or tanks).
Do not store hazardous wastes on your
property more than 180 days unless it will be transported greater
than 200 miles from your business, in which case you may store the
wastes for up to 270 days.
Do not accumulate more than 6,000 kilograms
(13,200 pounds) of hazardous waste on your property at any time.
Register with the Illinois Environmental
Protection Agency (IPEA) using a Notification of Hazardous Waste
Activity form.
Make sure all your hazardous wastes
are packaged and labeled correctly prior to transport. Although
you are responsible for packaging and labeling your wastes, ask
your transporter for assistance with this requirement.
Hire a licensed special waste hauler
to transport your hazardous wastes to a permitted hazardous waste
facility using the Illinois Uniform Waste Manifest or the manifest
of the state you are shipping the wastes to or sign a tolling agreement
with a recycling facility.
Establish safety guidelines and emergency
response procedures. Your facility must be equipped with the following:
| 1. |
An
internal communication or alarm system capable of providing
immediate emergency instructions to all personnel. |
| 2. |
A
telephone or two-way radio capable for use in requesting emergency
assistance from local police and fire departments. |
| 3. |
Portable
fire extinguishers, fire control devices, spill control materials
and decontamination supplies. |
| 4. |
Adequate
water volume and pressure to supply water hoses, foam-producing
equipment and automatic sprinklers. |
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iii
Requirements for Large Quantity Generators (LQGs) are extensive
and can be found at 35 Ill. Administrative Code 722, Standards Applicable
to Generators of Hazardous Waste. A summary booklet of the requirements
is available from IEPA's Office of Small Business at 1-888-372-1996. |
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iv.
Requirements for Containers Used to Accumulate Hazardous Waste
Label each container with the words
"HAZARDOUS WASTE" and mark each container with the date
the container becomes full.
Use a container made of or lined with
a material that is compatible with the hazardous waste stored in
it.
Keep all containers of hazardous waste
closed during storage except when adding or removing waste.
Do not open, handle or store containers
in a way that might rupture them, cause them to leak or otherwise
fail.
Inspect areas where containers are
stored at least weekly. Look for leaks and deterioration caused
by corrosion or other factors.
Maintain the containers in good condition.
If a container leaks, put the hazardous waste in another container
or contain it in some other way that complies with U.S. Environmental
Protection Agency regulations.
Do not mix incompatible hazardous wastes
or materials unless precautions are taken to prevent potential hazards. |
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d. |
No
discharge of wastewater from drycleaning machines/solvents to a
sanitary sewer, septic tank, surface or groundwater is allowed.
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e. |
Operator
shall conduct and maintain a log of weekly drycleaning unit/equipment
inspections and areas that contain drycleaning solvents or waste
of solvents for facilities using 140 gallons or more of chlorine-based
solvent annually or any amount of petroleum-based solvent annually.
For facilities that use less than 140 gallons of chlorine-based
solvent annually, then bi-weekly logs are to be maintained. |
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f. |
Operator
shall maintain a log of all solvent purchases. |
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g. |
Operator
shall maintain a log of all drycleaning system repairs. Log shall
identify:
drycleaning machine
date repair is needed or machine is
taken out of operation
date parts ordered (if needed)
date machine repaired
date machine placed back in operation |
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h. |
Chlorine-based
(perc) drycleaning solvents shall be delivered to the drycleaning
facility by means of a closed loop, direct-coupled delivery and
vapor recovery system. |
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i. |
Petroleum-based
drycleaning solvents must be delivered by means of a direct-coupled
delivery system with proper vent lines for receiving product. The
vendor delivering the solvent must have a Department of Transportation
(DOT) approved spill control system on the delivery truck; not limited
to excess flow valves, automatic shut off or other safety measures. |
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To
obtain a Claim Kit, call 1-800-765-4041
or download it from
this website.
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