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.
 

For active facilities, maximum financial benefits are $300,000 and inactive facilities can receive a maximum benefit of $50,000.

 
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.
 
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.

 

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.

2.

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.

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:
  a. Containment devices or diked areas shall exist around all:
  drycleaning units
hazardous waste containers
wastewater containers
solvent storage tanks or containers
used filter containers
  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.
  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.
  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.
  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.
  b. Floor surface in the contained/diked area shall be impervious to solvent leaks, spills or other releases.
  c. All drycleaning solvent wastes generated shall be managed in accordance with applicable state waste management laws and rules:
    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.
  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.
  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.
  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.
  d. No discharge of wastewater from drycleaning machines/solvents to a sanitary sewer, septic tank, surface or groundwater is allowed.
  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.
  f. Operator shall maintain a log of all solvent purchases.
  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
  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.
  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.
   
To obtain a Claim Kit, call 1-800-765-4041
or download it from this website.
 

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