35 Ill. Adm. Code 740.610
Contents of No Further Remediation Letter
Section 740
Section 740.610 Contents of
No Further Remediation Letter
a) Except as provided in subsection (b) below,
a No Further
Remediation Letter issued pursuant to
Section 58.10 of the Act
shall be
limited to and include all of the following
:
1)
An
acknowledgement that the requirements of the remedial
action plan and the remedial action completion report were satisfied
;
2)
A description of the
remediation site
by adequate
legal description or by reference to a plat showing
the
boundaries
,
or by other means sufficient to identify site location with particularity;
3)
The level of the remediation objectives, specifying, as
appropriate, any land use limitation imposed as a result of such remediation
efforts
;
4)
A statement that the agency's issuance of the No Further
Remediation Letter signifies a release from further responsibilities under
the
Act in performing the approved remedial action and shall be considered
prima facie evidence that the site does not constitute a threat to human health
and the environment and does not require further remediation under
the
Act
if
utilized in accordance with the terms of the No Further Remediation
Letter
. If the remediation site includes a portion of a larger parcel of
property or if the RA has elected to limit the recognized environmental
conditions and related contaminants of concern to be remediated, or both, the
No Further Remediation Letter shall be limited accordingly by its terms;
5)
The prohibition against the use of any
remediation
site
in a manner inconsistent with any land use limitation imposed as a result of
such remediation efforts without additional appropriate remedial activities;
6)
A description of any preventive, engineering, and
institutional controls
or monitoring
required in the approved remedial action
plan and notification that failure to manage the controls
or monitoring
in
full compliance with the terms of the remedial action plan may result in
voidance of the No Further Remediation Letter
;
7)
The recording obligations pursuant to
Title XVII of the
Act and Sections 740.620, 740.621, or 740.622 of this Part;
8)
The opportunity to request a change in the recorded land
use pursuant to
Title XVII of the Act
and
Section 740.620(c) of this
Part; and
9)
Notification that further information regarding the
remediation
site can be obtained from the Agency through a request under the
Freedom of Information Act
[5 ILCS 140]. [415 ILCS 5/58.10(b)(1)-(9)]
b)
If only a portion of the site or only selected regulated
substances
or pesticides
at a site were the subject of corrective
action,
the No Further Remediation Letter may contain
any other
provisions agreed to by the
Agency
and the RA.
[415 ILCS
5/58.10(b)(10)]