Volume 30 Issue 39 September 29, 2006 Pages...

Volume 30 Issue 39 September 29, 2006 Pages 15240-15843

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TABLE OF CONTENTS

September 29, 2006 Volume 30, Issue 39

PROPOSED RULES CENTRAL MANAGEMENT SERVICES, DEPARTMENT OF Pay Plan 80 Ill. Adm. Code 310 ..............................................................................15240 COMMERCE AND ECONOMIC OPPORTUNITY, DEPARTMENT OF Illinois Film Production Services Tax Credit Program 14 Ill. Adm. Code 528 ..............................................................................15316 ENVIRONMENTAL PROTECTION AGENCY, ILLINOIS Municipal Brownfields Redevelopment Grant Program 35 Ill. Adm. Code 885 ..............................................................................15345 POLLUTION CONTROL BOARD Tiered Approach to Corrective Action Objectives 35 Ill. Adm. Code 742 ..............................................................................15366 REVENUE, ILLINOIS DEPARTMENT OF Retailers' Occupation Tax 86 Ill. Adm. Code 130 ..............................................................................15555 STATE EMPLOYEES' RETIREMENT SYSTEM OF ILLINOIS The Administration and Operation of the State Employees' Retirement System of Illinois 80 Ill. Adm. Code 1540 ............................................................................15580 ADOPTED RULES ENVIRONMENTAL PROTECTION AGENCY, ILLINOIS Procedures for Issuing Loans from the Water Pollution Control Loan Program 35 Ill. Adm. Code 365 .............................................................................15590 HUMAN SERVICES, DEPARTMENT OF Food Stamps 89 Ill. Adm. Code 121 .............................................................................15681 NATURAL RESOURCES, ILLINOIS DEPARTMENT OF Duck, Goose and Coot Hunting 17 Ill. Adm. Code 590 ..............................................................................15694 POLLUTION CONTROL BOARD Standards and Requirements for Potable Water Supply Well Surveys and for Community Relations Activities Performed in Conjunction with Agency Notices of Threats From Contamination 35 Ill. Adm. Code 1600 ............................................................................15756 SECRETARY OF STATE Departmental Duties 2 Ill. Adm. Code 552 ................................................................................15786 TRANSPORTATION, DEPARTMENT OF Control of Outdoor Advertising Adjacent to Primary and Interstate Highways 92 Ill. Adm. Code 522 ..............................................................................15792 NOTICE OF PUBLICATION ERROR

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JOINT COMMITTEE ON ADMINISTRATIVE RULES DRYCLEANER ENVIRONMENTAL RESPONSE TRUST FUND COUNCIL OF ILLINOIS Public Information 2 Ill. Adm. Code 3100 ..............................................................................15823 NOTICE OF PUBLIC HEARING ON PROPOSED RULES HEALTH FACILITIES PLANNING BOARD, ILLINOIS Hospital Basic Services Preservation Code 77 Ill. Adm. Code 1270 ............................................................................15824 JOINT COMMITTEE ON ADMINISTRATIVE RULES STATEMENTS OF RECOMMENDATION JOINT COMMITTEE ON ADMINISTRATIVE RULES Child Murderer and Violent Offender Against Youth Registration Act 20 Ill. Adm. Code 1283 ...........................................................................15825 Fire Sprinkler Contractor Licensing Rules 41 Ill. Adm. Code 109 .............................................................................15826 Illinois Elevator Safety Rules 41 Ill. Adm. Code 1000 ...........................................................................15827 State Universities Civil Service System 80 Ill. Adm. Code 250 .............................................................................15828 Special Eligibility Groups 89 Ill. Adm. Code 118 .............................................................................15829 JOINT COMMITTEE ON ADMINISTRATIVE RULES STATEMENTS OF OBJECTION JOINT COMMITTEE ON ADMINISTRATIVE RULES Recipient's Property 59 Ill. Adm. Code 110 ..............................................................................15830 OTHER INFORMATION REQUIRED BY LAW TO BE PUBLISHED IN THE ILLINOIS REGISTER POLLUTION CONTROL BOARD Notice of Public Information Pursuant to 415 ILCS 5/7.2(b) ..........................15831 NOTICE OF PROPOSED MODIFICATION TO PROPOSED RULEMAKING IN RESPONSE TO OBJECTION OF THE JOINT COMMITTEE ON ADMINISTRATIVE RULES STATE BOARD OF EDUCATION, ILLINOIS School Food Service 23 Ill. Adm. Code 305 ..............................................................................15832 AGENCY RESPONSE TO JOINT COMMITTEE RECOMMENDATION ON EMERGENCY RULEMAKING HEALTHCARE AND FAMILY SERVICES Special Eligibility Groups 89 Ill. Adm. Code 118 .............................................................................15834 SECOND NOTICES RECEIVED JOINT COMMITTEE ON ADMINISTRATIVE RULES Second Notices Received..................................................................................15835 EXECUTIVE ORDERS AND PROCLAMATIONS

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PROCLAMATIONS Kids Day America/International 2006-312 ..................................................................................................15836 Blood Collectors Week 2006-313 ..................................................................................................15836 Operation Snowball Month 2006-314 ..................................................................................................15837 World's Largest Ice Cream Social Day 2006-315 ..................................................................................................15838 Pork Month 2006-316 ..................................................................................................15839 The Month of the Young Adolescent 2006-317 ..................................................................................................15840 Chiropractic Health Care Month 2006-318 ..................................................................................................15840 National Elevator Escalator Safety Awareness Week 2006-319 ..................................................................................................15841 Domestic Violence Awareness Month 2006-320 ..................................................................................................15842 Public Lands Day 2006-321 ..................................................................................................15843

ILLINOIS REGISTER PUBLICATION SCHEDULE FOR 2006 Issue Rules Due Date Date of Issue 1 December 27, 2005 January 6, 2006 2 January 3, 2006 January 13, 2006 3 January 9, 2006 January 20, 2006 4 January 17, 2006 January 27, 2006 5 January 23, 2006 February 3, 2006 6 January 30, 2006 February 10, 2006 7 February 6, 2006 February 17, 2006 8 February 14, 2006 February 24, 2006 9 February 21, 2006 March 3, 2006 10 February 27, 2006 March 10, 2006 11 March 6, 2006 March 17, 2006 12 March 13, 2006 March 24, 2006 13 March 20, 2006 March 31, 2006 14 March 27, 2006 April 7, 2006 15 April 3, 2006 April 14, 2006 16 April 10, 2006 April 21, 2006 17 April 17, 2006 April 28, 2006 18 April 24, 2006 May 5, 2006 19 May 1, 2006 May 12, 2006 20 May 8, 2006 May 19, 2006 21 May 15, 2006 May 26, 2006 22 May 22, 2006 June 2, 2006 23 May 30, 2006 June 9, 2006 24 June 5, 2006 June 16, 2006 25 June 12, 2006 June 23, 2006 26 June 19, 2006 June 30, 2006 27 June 26, 2006 July 7, 2006 28 July 3, 2006 July 14, 2006 29 July 10, 2006 July 21, 2006

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30 July 17, 2006 July 28, 2006 31 July 24, 2006 August 4, 2006 32 July 31, 2006 August 11, 2006 33 August 7, 2006 August 18, 2006 34 August 14, 2006 August 25, 2006 35 August 21, 2006 September 1, 2006 36 August 28, 2006 September 8, 2006 37 September 5, 2006 September 15, 2006 38 September 11, 2006 September 22, 2006 39 September 18, 2006 September 29, 2006 40 September 25, 2006 October 6, 2006 41 October 2, 2006 October 13, 2006 42 October 10, 2006 October 20, 2006 43 October 16, 2006 October 27, 2006 44 October 23, 2006 November 3, 2006 45 October 30, 2006 November 13, 2006 46 November 6, 2006 November 17, 2006 47 November 13, 2006 November 27, 2006 48 November 20, 2006 December 1, 2006 49 November 27, 2006 December 8, 2006 50 December 4, 2006 December 15, 2006 51 December 11, 2006 December 26, 2006 52 December 18, 2006 December 29, 2006

ILLINOIS REGISTER 15240 06

DEPARTMENT OF CENTRAL MANAGEMENT SERVICES

NOTICE OF PROPOSED AMENDMENTS

1) Heading of the Part: Pay Plan 2) Code Citation: 80 Ill. Adm. Code 310 3) Section Numbers: Proposed Action:

310.50 Amendment 310.100 Amendment 310.280 Amendment 310.290 Amendment 310.295 New Section 310.410 Amendment 310.490 Amendment 310.495 Amendment 310.500 Amendment 310.APPENDIX A TABLE J Amendment 310.APPENDIX A TABLE Q Amendment 310.APPENDIX A TABLE W Amendment 310.APPENDIX A TABLE X Amendment 310.APPENDIX B Amendment

4) Statutory Authority: Authorized by Sections 8 and 8a of the Personnel Code [20 ILCS

415/8 and 20 ILCS 415/8a]. 5) A Complete Description of the Subjects and Issues Involved: In the Table of Contents,

the heading for Section 310.290 is changed to remove "or Foreign Service" and a new Section 310.295 is added for "Foreign Service Rate".

In Section 310.50, the definition of "creditable service" references to Section 310.80 are corrected, the entrance salary becomes "entrance base salary" and "Superior Performance" is removed. In Section 310.100, "out-of state assignment" is placed next to the other assignment pay treatments, the subsections are numbered to accommodate the placement, and in subsection (m) the hyphen is removed from "bi-lingual" to match the definition in 310.50. In Section 310.280, two designated rates are removed at the request of the agencies and as approved by the Governor. The annual salary of $55,200 for the Administrative Assistant I, Position Number 00501-10-68-010-80-21, in the Department of Human Services, is removed effective August 24, 2006. The annual salary of $123,060 for a




Senior Public Service Administrator, Position Number 40070-33-20-000-00-61, in the Department of Healthcare and Family Services, is removed effective August 15, 2006. In Section 310.290, Foreign Service information is removed and placed in a new Section 310.295. The Revenue Audit Supervisor title's out-of-state rate ranges are added to Section 310.290. In Section 310.410, two new position classifications, State Mine Inspector-At-Large and Revenue Audit Supervisor are added to the Merit Compensation System with the proposed salary ranges, MC-11 and MC-12, respectively. The Civil Service Commission approved the classes effective June 1 and July 1, 2006, respectively. In Section 310.490, the date in subsection (j) is removed, and when to seek approval for a salary after reinstatement in subsection (m) is clarified. In Section 310.495, subsection (c) on salary adjustment is clarified. In Section 310.500, the definitions of base salary, creditable service, entrance salary, and midpoint salary are clarified. In Section 310.Appendix A Table J, "TR" is explained as used for the Clerical Trainee title. In Section 310.Appendix A Table Q, the bargaining unit, title codes, and Pay Plan codes are added to the table for consistency in the Pay Plan. In Section 310.Appendix A Table W, the Corrections Academy Trainer title information is removed from the title table as the class was abolished by the Civil Service Commission effective May 1, 2006. In Section 310.Appendix A Table X, the Child Welfare Supervisor title information is removed from the title table as the class was abolished by the Civil Service Commission effective July 1, 2006. In Section 310.Appendix B, the position classifications assigned to the Salary Grade system are added.

6) Published studies or reports, and sources of underlying data, used to compose this rulemaking: Four Classification Plan Review Proposal/Change Reports approved by the




Civil Service Commission, a Memorandum of Understanding, and letter interpreting the Clerical Trainee Grievance Resolution were used to compose this rulemaking.

7) Will this rulemaking replace any emergency rulemaking currently in effect? No 8) Does this rulemaking contain an automatic repeal date? No 9) Does this rulemaking contain incorporations by reference? No 10) Are there any other proposed rulemakings pending on this Part? Yes

Section Numbers Proposed Action Illinois Register Citation 310.100 Amendment 30 Ill. Reg. 12060, 7/14/06 310.490 Amendment 30 Ill. Reg. 12060, 7/14/06

11) Statement of Statewide Policy Objectives: These amendments to the Pay Plan affect only

the employees subject to the Personnel Code and do not set out any guidelines that affect local or other jurisdictions in the State.

12) Time, Place, and Manner in which interested persons may comment on this proposed

rulemaking:

Mr. Jason Doggett Acting Manager Compensation Section Division of Technical Services and Agency Training and Development Bureau of Personnel Department of Central Management Services 504 William G. Stratton Building Springfield IL 62706 Phone: 217/782-7964 Fax: 217/524-4570

13) Initial Regulatory Flexibility Analysis:

A) Types of small businesses, small municipalities and not for profit corporations affected: None

B) Reporting, bookkeeping or other procedures required for compliance: None




C) Types of professional skills necessary for compliance: None

14) Regulatory Agenda on which this rulemaking was summarized: January 2006 The full text of the Proposed Amendments begins on the next page:




TITLE 80: PUBLIC OFFICIALS AND EMPLOYEES SUBTITLE B: PERSONNEL RULES, PAY PLANS, AND

POSITION CLASSIFICATIONS CHAPTER I: DEPARTMENT OF CENTRAL MANAGEMENT SERVICES

PART 310

PAY PLAN

SUBPART A: NARRATIVE Section 310.20 Policy and Responsibilities 310.30 Jurisdiction 310.40 Pay Schedules 310.45 Comparison of Pay Grades or Salary Ranges Assigned to Classifications 310.50 Definitions 310.60 Conversion of Base Salary to Pay Period Units 310.70 Conversion of Base Salary to Daily or Hourly Equivalents 310.80 Increases in Pay 310.90 Decreases in Pay 310.100 Other Pay Provisions 310.110 Implementation of Pay Plan Changes 310.120 Interpretation and Application of Pay Plan 310.130 Effective Date 310.140 Reinstitution of Within Grade Salary Increases (Repealed) 310.150 Fiscal Year 1985 Pay Changes in Schedule of Salary Grades, effective July 1,

1984 (Repealed)

SUBPART B: SCHEDULE OF RATES Section 310.205 Introduction 310.210 Prevailing Rate 310.220 Negotiated Rate 310.230 Part-Time Daily or Hourly Special Services Rate 310.240 Daily or Hourly Rate Conversion 310.250 Member, Patient and Inmate Rate 310.260 Trainee Rate 310.270 Legislated and Contracted Rate 310.280 Designated Rate




310.290 Out-of-State or Foreign Service Rate 310.295 Foreign Service Rate 310.300 Educator Schedule for RC-063 and HR-010 310.310 Physician Specialist Rate 310.320 Annual Compensation Ranges for Executive Director and Assistant Executive

Director, State Board of Elections (Repealed) 310.330 Excluded Classes Rate (Repealed)

SUBPART C: MERIT COMPENSATION SYSTEM Section 310.410 Jurisdiction 310.420 Objectives 310.430 Responsibilities 310.440 Merit Compensation Salary Schedule 310.450 Procedures for Determining Annual Merit Increases 310.455 Intermittent Merit Increase 310.456 Merit Zone (Repealed) 310.460 Other Pay Increases 310.470 Adjustment 310.480 Decreases in Pay 310.490 Other Pay Provisions 310.495 Broad-Band Pay Range Classes 310.500 Definitions 310.510 Conversion of Base Salary to Pay Period Units (Repealed) 310.520 Conversion of Base Salary to Daily or Hourly Equivalents 310.530 Implementation 310.540 Annual Merit Increase Guidechart 310.550 Fiscal Year 1985 Pay Changes in Merit Compensation System, effective July 1,

1984 (Repealed) 310.APPENDIX A Negotiated Rates of Pay

310.TABLE A HR-190 (Department of Central Management Services – State of Illinois Building – SEIU) (Repealed)

310.TABLE B HR-200 (Department of Labor – Chicago, Illinois – SEIU) (Repealed)

310.TABLE C RC-069 (Firefighters, AFSCME) (Repealed) 310.TABLE D HR-001 (Teamsters Local #726) 310.TABLE E RC-020 (Teamsters Local #330) 310.TABLE F RC-019 (Teamsters Local #25)




310.TABLE G RC-045 (Automotive Mechanics, IFPE) 310.TABLE H RC-006 (Corrections Employees, AFSCME) 310.TABLE I RC-009 (Institutional Employees, AFSCME) 310.TABLE J RC-014 (Clerical Employees, AFSCME) 310.TABLE K RC-023 (Registered Nurses, INA) 310.TABLE L RC-008 (Boilermakers) 310.TABLE M RC-110 (Conservation Police Lodge) 310.TABLE N RC-010 (Professional Legal Unit, AFSCME) 310.TABLE O RC-028 (Paraprofessional Human Services Employees, AFSCME) 310.TABLE P RC-029 (Paraprofessional Investigatory and Law Enforcement

Employees, IFPE) 310.TABLE Q RC-033 (Meat Inspectors, IFPE) 310.TABLE R RC-042 (Residual Maintenance Workers, AFSCME) 310.TABLE S HR-012 (Fair Employment Practices Employees, SEIU)

(Repealed) 310.TABLE T HR-010 (Teachers of Deaf, IFT) 310.TABLE U HR-010 (Teachers of Deaf, Extracurricular Paid Activities) 310.TABLE V CU-500 (Corrections Meet and Confer Employees) 310.TABLE W RC-062 (Technical Employees, AFSCME) 310.TABLE X RC-063 (Professional Employees, AFSCME) 310.TABLE Y RC-063 (Educators, AFSCME) 310.TABLE Z RC-063 (Physicians, AFSCME) 310.TABLE AA NR-916 (Department of Natural Resources, Teamsters) 310.TABLE AB VR-007 (Plant Maintenance Engineers, Operating Engineers)

(Repealed) 310.APPENDIX B Schedule of Salary Grade Pay Grades – Monthly Rates of Pay 310.APPENDIX C Medical Administrator Rates 310.APPENDIX D Merit Compensation System Salary Schedule 310.APPENDIX E Teaching Salary Schedule (Repealed) 310.APPENDIX F Physician and Physician Specialist Salary Schedule (Repealed) 310.APPENDIX G Broad-Band Pay Range Classes Salary Schedule AUTHORITY: Implementing and authorized by Sections 8 and 8a of the Personnel Code [20 ILCS 415/8 and 8a]. SOURCE: Filed June 28, 1967; codified at 8 Ill. Reg. 1558; emergency amendment at 8 Ill. Reg. 1990, effective January 31, 1984, for a maximum of 150 days; amended at 8 Ill. Reg. 2440, effective February 15, 1984; emergency amendment at 8 Ill. Reg. 3348, effective March 5, 1984, for a maximum of 150 days; emergency amendment at 8 Ill. Reg. 4249, effective March 16, 1984, for a maximum of 150 days; emergency amendment at 8 Ill. Reg. 5704, effective April 16,




1984, for a maximum of 150 days; emergency amendment at 8 Ill. Reg. 7290, effective May 11, 1984, for a maximum of 150 days; amended at 8 Ill. Reg. 11299, effective June 25, 1984; emergency amendment at 8 Ill. Reg. 12616, effective July 1, 1984, for a maximum of 150 days; emergency amendment at 8 Ill. Reg. 15007, effective August 6, 1984, for a maximum of 150 days; amended at 8 Ill. Reg. 15367, effective August 13, 1984; emergency amendment at 8 Ill. Reg. 21310, effective October 10, 1984, for a maximum of 150 days; amended at 8 Ill. Reg. 21544, effective October 24, 1984; amended at 8 Ill. Reg. 22844, effective November 14, 1984; emergency amendment at 9 Ill. Reg. 1134, effective January 16, 1985, for a maximum of 150 days; amended at 9 Ill. Reg. 1320, effective January 23, 1985; amended at 9 Ill. Reg. 3681, effective March 12, 1985; emergency amendment at 9 Ill. Reg. 4163, effective March 15, 1985, for a maximum of 150 days; emergency amendment at 9 Ill. Reg. 9231, effective May 31, 1985, for a maximum of 150 days; amended at 9 Ill. Reg. 9420, effective June 7, 1985; amended at 9 Ill. Reg. 10663, effective July 1, 1985; emergency amendment at 9 Ill. Reg. 15043, effective September 24, 1985, for a maximum of 150 days; peremptory amendment at 10 Ill. Reg. 3325, effective January 22, 1986; amended at 10 Ill. Reg. 3230, effective January 24, 1986; emergency amendment at 10 Ill. Reg. 8904, effective May 13, 1986, for a maximum of 150 days; peremptory amendment at 10 Ill. Reg. 8928, effective May 13, 1986; emergency amendment at 10 Ill. Reg. 12090, effective June 30, 1986, for a maximum of 150 days; peremptory amendment at 10 Ill. Reg. 13675, effective July 31, 1986; peremptory amendment at 10 Ill. Reg. 14867, effective August 26, 1986; amended at 10 Ill. Reg. 15567, effective September 17, 1986; emergency amendment at 10 Ill. Reg. 17765, effective September 30, 1986, for a maximum of 150 days; peremptory amendment at 10 Ill. Reg. 19132, effective October 28, 1986; peremptory amendment at 10 Ill. Reg. 21097, effective December 9, 1986; amended at 11 Ill. Reg. 648, effective December 22, 1986; peremptory amendment at 11 Ill. Reg. 3363, effective February 3, 1987; peremptory amendment at 11 Ill. Reg. 4388, effective February 27, 1987; peremptory amendment at 11 Ill. Reg. 6291, effective March 23, 1987; amended at 11 Ill. Reg. 5901, effective March 24, 1987; emergency amendment at 11 Ill. Reg. 8787, effective April 15, 1987, for a maximum of 150 days; emergency amendment at 11 Ill. Reg. 11830, effective July 1, 1987, for a maximum of 150 days; peremptory amendment at 11 Ill. Reg. 13675, effective July 29, 1987; amended at 11 Ill. Reg. 14984, effective August 27, 1987; peremptory amendment at 11 Ill. Reg. 15273, effective September 1, 1987; peremptory amendment at 11 Ill. Reg. 17919, effective October 19, 1987; peremptory amendment at 11 Ill. Reg. 19812, effective November 19, 1987; emergency amendment at 11 Ill. Reg. 20664, effective December 4, 1987, for a maximum of 150 days; amended at 11 Ill. Reg. 20778, effective December 11, 1987; peremptory amendment at 12 Ill. Reg. 3811, effective January 27, 1988; peremptory amendment at 12 Ill. Reg. 5459, effective March 3, 1988; amended at 12 Ill. Reg. 6073, effective March 21, 1988; peremptory amendment at 12 Ill. Reg. 7783, effective April 14, 1988; emergency amendment at 12 Ill. Reg. 7734, effective April 15, 1988, for a maximum of 150 days; peremptory amendment at 12 Ill. Reg. 8135, effective April 22, 1988; peremptory amendment at 12 Ill. Reg. 9745, effective May 23, 1988; emergency amendment at 12 Ill. Reg. 11778, effective July 1, 1988, for




a maximum of 150 days; emergency amendment at 12 Ill. Reg. 12895, effective July 18, 1988, for a maximum of 150 days; peremptory amendment at 12 Ill. Reg. 13306, effective July 27, 1988; corrected at 12 Ill. Reg. 13359; amended at 12 Ill. Reg. 14630, effective September 6, 1988; amended at 12 Ill. Reg. 20449, effective November 28, 1988; peremptory amendment at 12 Ill. Reg. 20584, effective November 28, 1988; peremptory amendment at 13 Ill. Reg. 8080, effective May 10, 1989; amended at 13 Ill. Reg. 8849, effective May 30, 1989; peremptory amendment at 13 Ill. Reg. 8970, effective May 26, 1989; emergency amendment at 13 Ill. Reg. 10967, effective June 20, 1989, for a maximum of 150 days; emergency amendment expired on November 17, 1989; amended at 13 Ill. Reg. 11451, effective June 28, 1989; emergency amendment at 13 Ill. Reg. 11854, effective July 1, 1989, for a maximum of 150 days; corrected at 13 Ill. Reg. 12647; peremptory amendment at 13 Ill. Reg. 12887, effective July 24, 1989; amended at 13 Ill. Reg. 16950, effective October 20, 1989; amended at 13 Ill. Reg. 19221, effective December 12, 1989; amended at 14 Ill. Reg. 615, effective January 2, 1990; peremptory amendment at 14 Ill. Reg. 1627, effective January 11, 1990; amended at 14 Ill. Reg. 4455, effective March 12, 1990; peremptory amendment at 14 Ill. Reg. 7652, effective May 7, 1990; amended at 14 Ill. Reg. 10002, effective June 11, 1990; emergency amendment at 14 Ill. Reg. 11330, effective June 29, 1990, for a maximum of 150 days; amended at 14 Ill. Reg. 14361, effective August 24, 1990; emergency amendment at 14 Ill. Reg. 15570, effective September 11, 1990, for a maximum of 150 days; emergency amendment expired on February 8, 1991; corrected at 14 Ill. Reg. 16092; peremptory amendment at 14 Ill. Reg. 17098, effective September 26, 1990; amended at 14 Ill. Reg. 17189, effective October 2, 1990; amended at 14 Ill. Reg. 17189, effective October 19, 1990; amended at 14 Ill. Reg. 18719, effective November 13, 1990; peremptory amendment at 14 Ill. Reg. 18854, effective November 13, 1990; peremptory amendment at 15 Ill. Reg. 663, effective January 7, 1991; amended at 15 Ill. Reg. 3296, effective February 14, 1991; amended at 15 Ill. Reg. 4401, effective March 11, 1991; peremptory amendment at 15 Ill. Reg. 5100, effective March 20, 1991; peremptory amendment at 15 Ill. Reg. 5465, effective April 2, 1991; emergency amendment at 15 Ill. Reg. 10485, effective July 1, 1991, for a maximum of 150 days; amended at 15 Ill. Reg. 11080, effective July 19, 1991; amended at 15 Ill. Reg. 13080, effective August 21, 1991; amended at 15 Ill. Reg. 14210, effective September 23, 1991; emergency amendment at 16 Ill. Reg. 711, effective December 26, 1991, for a maximum of 150 days; amended at 16 Ill. Reg. 3450, effective February 20, 1992; peremptory amendment at 16 Ill. Reg. 5068, effective March 11, 1992; peremptory amendment at 16 Ill. Reg. 7056, effective April 20, 1992; emergency amendment at 16 Ill. Reg. 8239, effective May 19, 1992, for a maximum of 150 days; amended at 16 Ill. Reg. 8382, effective May 26, 1992; emergency amendment at 16 Ill. Reg. 13950, effective August 19, 1992, for a maximum of 150 days; emergency amendment at 16 Ill. Reg. 14452, effective September 4, 1992, for a maximum of 150 days; amended at 17 Ill. Reg. 238, effective December 23, 1992; peremptory amendment at 17 Ill. Reg. 498, effective December 18, 1992; amended at 17 Ill. Reg. 590, effective January 4, 1993; amended at 17 Ill. Reg. 1819, effective February 2, 1993; amended at 17 Ill. Reg. 6441, effective April 8, 1993; emergency amendment




at 17 Ill. Reg. 12900, effective July 22, 1993, for a maximum of 150 days; amended at 17 Ill. Reg. 13409, effective July 29, 1993; emergency amendment at 17 Ill. Reg. 13789, effective August 9, 1993, for a maximum of 150 days; emergency amendment at 17 Ill. Reg. 14666, effective August 26, 1993, for a maximum of 150 days; amended at 17 Ill. Reg. 19103, effective October 25, 1993; emergency amendment at 17 Ill. Reg. 21858, effective December 1, 1993, for a maximum of 150 days; amended at 17 Ill. Reg. 22514, effective December 15, 1993; amended at 18 Ill. Reg. 227, effective December 17, 1993; amended at 18 Ill. Reg. 1107, effective January 18, 1994; amended at 18 Ill. Reg. 5146, effective March 21, 1994; peremptory amendment at 18 Ill. Reg. 9562, effective June 13, 1994; emergency amendment at 18 Ill. Reg. 11299, effective July 1, 1994, for a maximum of 150 days; peremptory amendment at 18 Ill. Reg. 13476, effective August 17, 1994; emergency amendment at 18 Ill. Reg. 14417, effective September 9, 1994, for a maximum of 150 days; amended at 18 Ill. Reg. 16545, effective October 31, 1994; peremptory amendment at 18 Ill. Reg. 16708, effective October 28, 1994; amended at 18 Ill. Reg. 17191, effective November 21, 1994; amended at 19 Ill. Reg. 1024, effective January 24, 1995; peremptory amendment at 19 Ill. Reg. 2481, effective February 17, 1995; peremptory amendment at 19 Ill. Reg. 3073, effective February 17, 1995; amended at 19 Ill. Reg. 3456, effective March 7, 1995; peremptory amendment at 19 Ill. Reg. 5145, effective March 14, 1995; amended at 19 Ill. Reg. 6452, effective May 2, 1995; peremptory amendment at 19 Ill. Reg. 6688, effective May 1, 1995; amended at 19 Ill. Reg. 7841, effective June 1, 1995; amended at 19 Ill. Reg. 8156, effective June 12, 1995; amended at 19 Ill. Reg. 9096, effective June 27, 1995; emergency amendment at 19 Ill. Reg. 11954, effective August 1, 1995, for a maximum of 150 days; peremptory amendment at 19 Ill. Reg. 13979, effective September 19, 1995; peremptory amendment at 19 Ill. Reg. 15103, effective October 12, 1995; amended at 19 Ill. Reg. 16160, effective November 28, 1995; amended at 20 Ill. Reg. 308, effective December 22, 1995; emergency amendment at 20 Ill. Reg. 4060, effective February 27, 1996, for a maximum of 150 days; peremptory amendment at 20 Ill. Reg. 6334, effective April 22, 1996; peremptory amendment at 20 Ill. Reg. 7434, effective May 14, 1996; amended at 20 Ill. Reg. 8301, effective June 11, 1996; amended at 20 Ill. Reg. 8657, effective June 20, 1996; amended at 20 Ill. Reg. 9006, effective June 26, 1996; amended at 20 Ill. Reg. 9925, effective July 10, 1996; emergency amendment at 20 Ill. Reg. 10213, effective July 15, 1996, for a maximum of 150 days; amended at 20 Ill. Reg. 10841, effective August 5, 1996; peremptory amendment at 20 Ill. Reg. 13408, effective September 24, 1996; amended at 20 Ill. Reg. 15018, effective November 7, 1996; peremptory amendment at 20 Ill. Reg. 15092, effective November 7, 1996; emergency amendment at 21 Ill. Reg. 1023, effective January 6, 1997, for a maximum of 150 days; amended at 21 Ill. Reg. 1629, effective January 22, 1997; amended at 21 Ill. Reg. 5144, effective April 15, 1997; amended at 21 Ill. Reg. 6444, effective May 15, 1997; amended at 21 Ill. Reg. 7118, effective June 3, 1997; emergency amendment at 21 Ill. Reg. 10061, effective July 21, 1997, for a maximum of 150 days; emergency amendment at 21 Ill. Reg. 12859, effective September 8, 1997, for a maximum of 150 days; peremptory amendment at 21 Ill. Reg. 14267, effective October 14, 1997; peremptory amendment at 21 Ill. Reg. 14589, effective October 15, 1997;




peremptory amendment at 21 Ill. Reg. 15030, effective November 10, 1997; amended at 21 Ill. Reg. 16344, effective December 9, 1997; peremptory amendment at 21 Ill. Reg. 16465, effective December 4, 1997; peremptory amendment at 21 Ill. Reg. 17167, effective December 9, 1997; peremptory amendment at 22 Ill. Reg. 1593, effective December 22, 1997; amended at 22 Ill. Reg. 2580, effective January 14, 1998; peremptory amendment at 22 Ill. Reg. 4326, effective February 13, 1998; peremptory amendment at 22 Ill. Reg. 5108, effective February 26, 1998; peremptory amendment at 22 Ill. Reg. 5749, effective March 3, 1998; amended at 22 Ill. Reg. 6204, effective March 12, 1998; peremptory amendment at 22 Ill. Reg. 7053, effective April 1, 1998; peremptory amendment at 22 Ill. Reg. 7320, effective April 10, 1998; peremptory amendment at 22 Ill. Reg. 7692, effective April 20, 1998; emergency amendment at 22 Ill. Reg. 12607, effective July 2, 1998, for a maximum of 150 days; peremptory amendment at 22 Ill. Reg. 15489, effective August 7, 1998; amended at 22 Ill. Reg. 16158, effective August 31, 1998; peremptory amendment at 22 Ill. Reg. 19105, effective September 30, 1998; peremptory amendment at 22 Ill. Reg. 19943, effective October 27, 1998; peremptory amendment at 22 Ill. Reg. 20406, effective November 5, 1998; amended at 22 Ill. Reg. 20581, effective November 16, 1998; amended at 23 Ill. Reg. 664, effective January 1, 1999; peremptory amendment at 23 Ill. Reg. 730, effective December 29, 1998; emergency amendment at 23 Ill. Reg. 6533, effective May 10, 1999, for a maximum of 150 days; amended at 23 Ill. Reg. 7065, effective June 3, 1999; emergency amendment at 23 Ill. Reg. 8169, effective July 1, 1999, for a maximum of 150 days; amended at 23 Ill. Reg. 11020, effective August 26, 1999; amended at 23 Ill. Reg. 12429, effective September 21, 1999; peremptory amendment at 23 Ill. Reg. 12493, effective September 23, 1999; amended at 23 Ill. Reg. 12604, effective September 24, 1999; amended at 23 Ill. Reg. 13053, effective September 27, 1999; peremptory amendment at 23 Ill. Reg. 13132, effective October 1, 1999; amended at 23 Ill. Reg. 13570, effective October 26, 1999; amended at 23 Ill. Reg. 14020, effective November 15, 1999; amended at 24 Ill. Reg. 1025, effective January 7, 2000; peremptory amendment at 24 Ill. Reg. 3399, effective February 3, 2000; amended at 24 Ill. Reg. 3537, effective February 18, 2000; amended at 24 Ill. Reg. 6874, effective April 21, 2000; amended at 24 Ill. Reg. 7956, effective May 23, 2000; emergency amendment at 24 Ill. Reg. 10328, effective July 1, 2000, for a maximum of 150 days; emergency expired November 27, 2000; peremptory amendment at 24 Ill. Reg. 10767, effective July 3, 2000; amended at 24 Ill. Reg. 13384, effective August 17, 2000; peremptory amendment at 24 Ill. Reg. 14460, effective September 14, 2000; peremptory amendment at 24 Ill. Reg. 16700, effective October 30, 2000; peremptory amendment at 24 Ill. Reg. 17600, effective November 16, 2000; amended at 24 Ill. Reg. 18058, effective December 4, 2000; peremptory amendment at 24 Ill. Reg. 18444, effective December 1, 2000; amended at 25 Ill. Reg. 811, effective January 4, 2001; amended at 25 Ill. Reg. 2389, effective January 22, 2001; amended at 25 Ill. Reg. 4552, effective March 14, 2001; peremptory amendment at 25 Ill. Reg. 5067, effective March 21, 2001; amended at 25 Ill. Reg. 5618, effective April 4, 2001; amended at 25 Ill. Reg. 6655, effective May 11, 2001; amended at 25 Ill. Reg. 7151, effective May 25, 2001; peremptory amendment at 25 Ill. Reg. 8009, effective June 14, 2001; emergency amendment at 25 Ill. Reg. 9336, effective July 3, 2001, for a




maximum of 150 days; amended at 25 Ill. Reg. 9846, effective July 23, 2001; amended at 25 Ill. Reg. 12087, effective September 6, 2001; amended at 25 Ill. Reg. 15560, effective November 20, 2001; peremptory amendment at 25 Ill. Reg. 15671, effective November 15, 2001; amended at 25 Ill. Reg. 15974, effective November 28, 2001; emergency amendment at 26 Ill. Reg. 223, effective December 21, 2001, for a maximum of 150 days; amended at 26 Ill. Reg. 1143, effective January 17, 2002; amended at 26 Ill. Reg. 4127, effective March 5, 2002; peremptory amendment at 26 Ill. Reg. 4963, effective March 15, 2002; amended at 26 Ill. Reg. 6235, effective April 16, 2002; emergency amendment at 26 Ill. Reg. 7314, effective April 29, 2002, for a maximum of 150 days; amended at 26 Ill. Reg. 10425, effective July 1, 2002; emergency amendment at 26 Ill. Reg. 10952, effective July 1, 2002, for a maximum of 150 days; amended at 26 Ill. Reg. 13934, effective September 10, 2002; amended at 26 Ill. Reg. 14965, effective October 7, 2002; emergency amendment at 26 Ill. Reg. 16583, effective October 24, 2002, for a maximum of 150 days; emergency expired March 22, 2003; peremptory amendment at 26 Ill. Reg. 17280, effective November 18, 2002; amended at 26 Ill. Reg. 17374, effective November 25, 2002; amended at 26 Ill. Reg. 17987, effective December 9, 2002; amended at 27 Ill. Reg. 3261, effective February 11, 2003; expedited correction at 28 Ill. Reg. 6151, effective February 11, 2003; amended at 27 Ill. Reg. 8855, effective May 15, 2003; amended at 27 Ill. Reg. 9114, effective May 27, 2003; emergency amendment at 27 Ill. Reg. 10442, effective July 1, 2003, for a maximum of 150 days; emergency expired November 27, 2003; peremptory amendment at 27 Ill. Reg. 17433, effective November 7, 2003; amended at 27 Ill. Reg. 18560, effective December 1, 2003; peremptory amendment at 28 Ill. Reg. 1441, effective January 9, 2004; amended at 28 Ill. Reg. 2684, effective January 22, 2004; amended at 28 Ill. Reg. 6879, effective April 30, 2004; peremptory amendment at 28 Ill. Reg. 7323, effective May 10, 2004; amended at 28 Ill. Reg. 8842, effective June 11, 2004; peremptory amendment at 28 Ill. Reg. 9717, effective June 28, 2004; amended at 28 Ill. Reg. 12585, effective August 27, 2004; peremptory amendment at 28 Ill. Reg. 13011, effective September 8, 2004; peremptory amendment at 28 Ill. Reg. 13247, effective September 20, 2004; peremptory amendment at 28 Ill. Reg. 13656, effective September 27, 2004; emergency amendment at 28 Ill. Reg. 14174, effective October 15, 2004, for a maximum of 150 days; emergency expired March 13, 2005; peremptory amendment at 28 Ill. Reg. 14689, effective October 22, 2004; peremptory amendment at 28 Ill. Reg. 15336, effective November 15, 2004; peremptory amendment at 28 Ill. Reg. 16513, effective December 9, 2004; peremptory amendment at 29 Ill. Reg. 726, effective December 15, 2004; amended at 29 Ill. Reg. 1166, effective January 7, 2005; peremptory amendment at 29 Ill. Reg. 1385, effective January 4, 2005; peremptory amendment at 29 Ill. Reg. 1559, effective January 11, 2005; peremptory amendment at 29 Ill. Reg. 2050, effective January 19, 2005; peremptory amendment at 29 Ill. Reg. 4125, effective February 23, 2005; amended at 29 Ill. Reg. 5375, effective April 4, 2005; peremptory amendment at 29 Ill. Reg. 6105, effective April 14, 2005; peremptory amendment at 29 Ill. Reg. 7217, effective May 6, 2005; peremptory amendment at 29 Ill. Reg. 7840, effective May 10, 2005; amended at 29 Ill. Reg. 8110, effective May 23, 2005; peremptory amendment at 29 Ill. Reg. 8214, effective May 23, 2005; peremptory amendment at 29 Ill. Reg. 8418, effective




June 1, 2005; amended at 29 Ill. Reg. 9319, effective July 1, 2005; peremptory amendment at 29 Ill. Reg. 12076, effective July 15, 2005; peremptory amendment at 29 Ill. Reg. 13265, effective August 11, 2005; amended at 29 Ill. Reg. 13540, effective August 22, 2005; peremptory amendment at 29 Ill. Reg. 14098, effective September 2, 2005; amended at 29 Ill. Reg. 14166, effective September 9, 2005; amended at 29 Ill. Reg. 19551, effective November 21, 2005; emergency amendment at 29 Ill. Reg. 20554, effective December 2, 2005, for a maximum of 150 days; peremptory amendment at 29 Ill. Reg. 20693, effective December 12, 2005; peremptory amendment at 30 Ill. Reg. 623, effective December 28, 2005; peremptory amendment at 30 Ill. Reg. 1382, effective January 13, 2006; amended at 30 Ill. Reg. 2289, effective February 6, 2006; peremptory amendment at 30 Ill. Reg. 4157, effective February 22, 2006; peremptory amendment at 30 Ill. Reg. 5687, effective March 7, 2006; peremptory amendment at 30 Ill. Reg. 6409, effective March 30, 2006; amended at 30 Ill. Reg. 7857, effective April 17, 2006; amended at 30 Ill. Reg. 9438, effective May 15, 2006; peremptory amendment at 30 Ill. Reg. 10153, effective May 18, 2006; peremptory amendment at 30 Ill. Reg. 10508, effective June 1, 2006; amended at 30 Ill. Reg. 11336, effective July 1, 2006; emergency amendment at 30 Ill. Reg. 12340, effective July 1, 2006, for a maximum of 150 days; peremptory amendment at 30 Ill. Reg. 12418, effective July 1, 2006; amended at 30 Ill. Reg. 12761, effective July 17, 2006; peremptory amendment at 30 Ill. Reg. 13547, effective August 1, 2006; peremptory amendment at 30 Ill. Reg. 15059, effective September 5, 2006; amended at 30 Ill. Reg. ______, effective ____________.

SUBPART A: NARRATIVE Section 310.50 Definitions The following definitions of terms are for purposes of clarification only. They affect the Schedule of Rates (Subpart B), Negotiated Rates of Pay (Appendix A), and the Schedule of Salary Grade Pay Grades − Monthly Rates of Pay (Appendix B). Section 310.500 contains definitions of terms applying specifically to the Merit Compensation System.

"Adjustment in Salary" – A change in salary rate occasioned by a previously committed error or oversight, or required in the best interest of the State as defined in Sections 310.80 and 310.90. "Base Salary" – A dollar amount of pay specifically designated in the Schedule of Salary Grade Pay Grades − Monthly Rates of Pay (Appendix B) or Schedule of Rates (Subpart B). Base salary does not include commission, incentive pay, bilingual pay, longevity pay, overtime pay, shift differential pay or deductions for time not worked.




"Bilingual Pay" – The dollar amount per month, or percentage of the employee's monthly base salary, paid in addition to the employee's base salary when the individual position held by the employee has a job description that requires the use of sign language, Braille, or another second language (e.g., Spanish), or that requires the employee to be bilingual. "Comparable Classes" – Two or more classes that are in the same pay grade. "Creditable Service" – All service in full or regularly scheduled part-time pay status beginning with the date of initial employment or the effective date of the last salary increase that was at least equivalent to a full step. A new creditable service date will follow an increase of a step or more except for the following actions:

A reevaluation resulting in a salary increase less than a step in the former pay grade.

Reallocation resulting in a salary increase less than a step increase in the former pay grade.

Adjustments as provided for in Section 310.80(e)(f) that are approved to correct errors or oversights. (A new creditable service date will follow Section 310.80(e)(f) adjustments in the best interest of the agency, unless the Director of Central Management Services determines the change in creditable service date to be inequitable.)

"Demotion" – The assignment for cause of an employee to a vacant position in a class in a lower pay grade than the former class. "Differential" – The additional compensation added to the base salary of an employee resulting from conditions of employment imposed on him/her during normal schedule of work. "Entrance Base Salary" – The initial base salary assigned to an employee upon entering State service. "Hourly Pay Grade" – The designation for hourly negotiated pay rates is "H". "In Between Pay Grade" – The designation for negotiated pay rates in between pay grades is ".5".




"In-hiring Rate" – An in-hiring rate is a minimum rate/step for a class that is above the normal minimum of the range, as approved by the Director of Central Management Services after a review of competitive market starting rates for similar classes. "Pay Grade" – The numeric designation used for an established set of steps or salary range. "Pay Plan Code" – The designation used in assigning a specific salary rate based on a variety of factors associated with the position. Pay Plan Codes used in the Pay Plan are:

7 = Salary Grade regular pension formula rate 8 = Salary Grade alternative pension formula rate 9 = Salary Grade maximum-security institution rate B = Negotiated regular pension formula rate for the State of Illinois E = Educator title AFSCME negotiated 12-month regular pension

formula rate for the State of Illinois J = Negotiated regular pension formula rate for states other than

Illinois, California or New Jersey L = Educator title AFSCME negotiated 12-month alternative pension

formula rate for the State of Illinois M = Educator title AFSCME negotiated 9-month regular pension

formula rate at the Illinois School for the Visually Impaired N = Educator title Illinois Federation of Teachers negotiated 9-month

regular pension formula rate for the Illinois School for the Deaf O = Educator title AFSCME negotiated 9-month regular pension

formula rate at the Illinois Center for Rehabilitation and Education-Roosevelt

P = Educator title AFSCME negotiated 12-month maximum-security institution rate for the State of Illinois

Q = Negotiated alternative pension formula rate for the State of Illinois

S = Negotiated maximum-security institution rate for the State of Illinois

U = Negotiated regular pension formula rate for the state of California




or New Jersey "Promotion" – The appointment of an employee, with the approval of the agency and the Department of Central Management Services, to a vacant position in a class in a higher pay grade than the former class. "Reallocation" – The change in the classification of a position resulting from significant changes in assigned duties and responsibilities. "Reclassification" − The assignment of a position or positions to a different classification based on creation of a new classification or the revision of existing class specification, and approved by the Civil Service Commission. "Reevaluation" – The assignment of a different pay grade to a class based upon change in relation to other classes or to the labor market. "Salary Grade" – The system of pay practices applied to specific positions or employees not represented by a bargaining unit, and not in the Merit Compensation System, which includes Broad-Band positions. "Salary Range" – The dollar value represented by Steps 1c through 8 of a pay grade assigned to a class title. "Satisfactory Performance Increase" – An upward revision in the base salary from one designated step to the next higher step in the pay grade for that class as a result of having served the required amount of time at the former rate with not less than a satisfactory level of competence. (Satisfactory level of competence shall mean work, the level of which, in the opinion of the agency head, is above that typified by the marginal employee.) "Superior Performance" – Performance characterized by work results substantially above a satisfactory level. "Transfer" – The assignment of an employee to a vacant position having the same pay grade. "Work Year" – That period of time determined by the agency and filed with the Department of Central Management Services in accordance with 80 Ill. Adm. Code 303.300.




(Source: Amended at 30 Ill. Reg. ______, effective ____________) Section 310.100 Other Pay Provisions

a) Transfer – Upon the assignment of an employee to a vacant position in a class with the same pay grade as the class for the position being vacated, the employee's base salary will not be changed. Upon separation from a position in a given class and subsequent appointment to a position in the same pay grade, no increase in salary will be given.

b) Entrance Base Salary –

1) Qualifications Only Meet Minimum Requirements – When a candidate only meets the minimum requirements of the class specification upon entry to State service, an employee's entrance base salary is the in-hiring rate or the minimum base salary of the pay grade.

2) Qualifications Above Minimum Requirements – If a candidate possesses

directly-related education and experience in excess of the minimum requirements of the class specification, the employing agency may offer the candidate an entrance base salary that is not more than 10% above the candidate's current base salary. An entrance base salary offer more than 10% above the candidate's current base salary requires documentation in the candidate's CMS employment application (CMS-100) to support the higher entrance base salary offer and prior approval from the Director of Central Management Services. The approval is based on the candidate's documented directly-related education and experience exceeding the minimum requirements in the class specification, prior base salary history, staffing needs and requirements of the employing agency, and labor market influences on the recruitment for the position classification or position.

3) Area Differential – For positions where additional compensation is

required because of dissimilar economic or other conditions in the geographical area in which the positions are established, a higher entrance step may be authorized by the Director of Central Management Services. Present employees receiving less than the new rate shall be advanced to the new rate.

c) Geographical Transfer – Upon geographical transfer from or to an area for which




additional compensation has been authorized, an employee will receive an adjustment to the appropriate salary level for the new geographical area of assignment effective the first day of the month following date of approval.

d) Differential and Overtime Pay – An eligible employee may have an amount added

to his/her base salary for a given pay period for work performed in excess of the normal requirements for the position and work schedule, as follows: 1) Shift Differential Pay – An employee may be paid an amount in addition

to his/her base salary for work performed on a regularly scheduled second or third shift. The additional compensation will be at a rate and in a manner approved by the Department of Central Management Services. The Director of Central Management Services will approve the manner and rate of this provision after considering the need of the employing agency, the treatment of other similar situations, prevailing practices of other employers, and the equity of the particular circumstances.

2) Overtime Pay –

A) Eligibility − The Director of Central Management Services will

maintain a list of titles and their overtime eligibility as determined by labor contracts, Federal Fair Labor Standards Act, or State law or regulations. Overtime shall be paid in accordance with the labor contracts, Federal Fair Labor Standards Act, and State law or regulations.

B) Compensatory Time − Employees who are eligible for

compensatory time may request such time, which may be granted by the agency at its discretion, considering, among other things, its operating needs. Compensatory time shall be taken within the fiscal year it was earned at a time convenient to the employee and consistent with the operating needs of the agency. Compensatory time shall be accrued at the rate in which it is earned (straight time or time and a half), but shall not exceed 120 hours in any fiscal year. Compensatory time approved for non-union employees will be earned after 40 actual work hours in a workweek. Compensatory time not used by the end of the fiscal year in which it was earned shall be liquidated and paid in cash at the rate it was earned. Time spent in travel outside the normal work schedule shall not be accrued as compensatory time except as provided by




labor contracts and the Federal Fair Labor Standards Act. At no time are overtime hours or compensatory time to be transferred from one agency to another agency.

3) Incentive Pay – An employee may be paid an amount in addition to his/her

base salary for work performed in excess of the normal work standard as determined by agency management. The additional compensation shall be at a wage rate and in a manner approved by the Director of Central Management Services. The Director of Central Management Services will approve the manner and rate of this provision after considering the need of the employing agency, the treatment of other similar situations, prevailing practices of other employers, and the equity of the particular circumstances.

4) Temporary Assignment Pay −

A) When Assigned to a Higher-Level Position Classification – An employee may be temporarily assigned to a position classification having a higher pay grade and shall be eligible for temporary assignment pay. To be eligible for temporary assignment pay, the employee must be directed to perform the duties that distinguish the higher-level position classification and be held accountable for the responsibility of the higher classification. Employees shall not receive temporary assignment pay for paid days off except if the employee is given the assignment for 30 continuous days or more, the days off fall within the period of time and the employee works 75% of the time of the temporary assignment. Temporary assignment pay shall be calculated as if the employee received a promotion into the higher pay grade. In no event is the temporary assignment pay to be lower than the minimum rate of the higher pay grade or greater than the maximum rate of the higher pay grade.

B) When Required to Use Second Language Ability – Employees

who are bilingual or have the ability to use sign language, Braille, or another second language (e.g., Spanish) and whose job descriptions do not require that they do so shall be paid temporary assignment pay when required to perform duties requiring the ability. The temporary assignment pay received is prorated based




on 5% or $100 per month, whichever is greater, in addition to the employee's base rate.

e) Out-of-State Assignment – Employees who are assigned to work out-of-state on a

temporary basis may receive an appropriate differential during the period of the assignment, as approved by the Director of Central Management Services. The Director of Central Management Services will approve the manner and rate of this provision after considering the need of the employing agency, the treatment of other similar situations, prevailing practices of other employers, and the equity of the particular circumstances.

fe) Equivalent Earned Time –

1) Eligibility − Employees who are non-union, exempt under the Federal Fair Labor Standards Act, and in positions not eligible for overtime compensation may receive equivalent earned time for hours worked in excess of 40 actual work hours in a work week.

2) Accrual −

A) Employees who are eligible for equivalent earned time shall request that time before working in excess of 40 actual work hours in a work week. Requests for equivalent earned time may be granted by the agency at its discretion, considering its operating needs. Equivalent earned time shall be accrued at straight time only to a maximum of 120 hours in any fiscal year.

B) Equivalent earned time will accrue in no less than one-half hour

increments. Time spent in travel outside the normal work schedule shall not be counted toward accrual of equivalent earned time.

3) Compensation − Any approved equivalent earned time shall be taken at a

time convenient to the employee and consistent with the operating needs of the agency. This time may not be carried over from one fiscal year to another fiscal year. At no time is equivalent earned time to be converted into cash payment or transferred from one agency to another agency.

gf) Part-Time Work – Part-time employees whose base salary is other than an hourly

or daily basis shall be paid on a daily basis computed by dividing the annual rate of salary by the total number of work days in the year.




g) Out-of-State Assignment – Employees who are assigned to work out-of-state on a

temporary basis may receive an appropriate differential during the period of the assignment, as approved by the Director of Central Management Services. The Director of Central Management Services will approve the manner and rate of this provision after considering the need of the employing agency, the treatment of other similar situations, prevailing practices of other employers, and the equity of the particular circumstances.

h) Lump Sum Payment – Lump sum payment shall be provided for accrued

vacation, sick leave and unused compensatory overtime at the current base rate to those employees separated from employment under the Personnel Code. Leaves of absence and temporary layoff (per 80 Ill. Adm. Code 302.510) are not separations and therefore lump sum cannot be given in these transactions. Method of computation is explained in Section 310.70(a). AGENCY NOTE – The method to be used in computing the lump sum payment for accrued vacation, sick leave and unused compensatory overtime payment for an incumbent entitled to shift differential during his/her regular work hours will be to use his/her current base salary plus the shift differential pay. Sick leave earned prior to January 1, 1984 and after December 31, 1997 is not compensable. Sick leave earned and not used between January 1, 1984 and December 31, 1997 will be compensable at the current base daily rate times one-half of the total number of compensable sick days.

i) Salary Treatment Upon Return From Leave – An employee returning from

Administrative Leave (80 Ill. Adm. Code 302.795), Military Leave (80 Ill. Adm. Code 302.220 and 303.170), Peace Corps Leave (80 Ill. Adm. Code 302.230), Service-Connected Disability Leave (80 Ill. Adm. Code 303.135), Educational Leave (80 Ill. Adm. Code 302.215), Disaster Service Leave with Pay (80 Ill. Adm. Code 303.175), Family Responsibility Leave (80 Ill. Adm. Code 303.148), Leave to accept a temporary, emergency, provisional, exempt (80 Ill. Adm. Code 303.155) or trainee position, or Leave to serve in domestic peace or job corps (80 Ill. Adm. Code 302.230) will be placed on the step that reflects satisfactory performance increases to which he/she would have been entitled during his/her period of leave. Creditable service date will be maintained. An employee returning to his/her former pay grade from any other leave of over 14 days will be placed at the step on which he/she was situated prior to his/her leave, and his/her creditable service date will be extended by the duration of the leave.




j) Salary Treatment Upon Reemployment – 1) Upon the reemployment of an employee in a class with the same pay

grade as the class for the position held before layoff, the employee will be placed at the same salary step as held at the time of the layoff, and his/her creditable service date will be adjusted to reflect that time on layoff does not count as creditable service time.

2) Upon the reemployment of an employee in a class at a lower salary range

than the range of the class for the position held before layoff, the employee will be placed at the step in the lower pay grade that provides the base salary nearest in amount to, but less than, the current value of the step held at the time of layoff, and his/her creditable service date will be adjusted to reflect that time on layoff does not count as creditable service time.

k) Reinstatement – The salary upon reinstatement should not provide more than a

10% increase over the candidate's current base salary or exceed the current value of the salary step held in the position where previously certified without prior approval by the Director of Central Management Services. In no event is the resulting salary to be lower than the minimum rate or higher than the maximum rate of the pay grade.

l) Extended Service Payment –

1) The Step 8 rate shall be increased by $25 per month for those employees

who have attained 10 years of service and have three years of creditable service on Step 8 in the same pay grade. This increase is suspended for non-union positions and employees.

2) The Step 8 rate shall be increased by $50 per month for those employees

who have attained 15 years of service and have three years of creditable service on Step 8 in the same pay grade. This increase is suspended for non-union positions and employees.

m) BilingualBi-lingual Pay – Individual positions whose job descriptions require the

use of sign language, Braille, or another second language (e.g., Spanish) shall receive 5% or $100 per month, whichever is greater, in addition to the employee's base rate.




(Source: Amended at 30 Ill. Reg. ______, effective ____________)

SUBPART B: SCHEDULE OF RATES Section 310.280 Designated Rate

a) Requirements – The rate of pay for a specific position or class of positions excluded from the other requirements of this Pay Plan shall be only as designated by the Governor. A designated rate is the fixed rate of pay assigned usually to one position within a position classification. The fixed rate is above the maximum of the pay grade or salary range assigned to the position classification. The fixed rate is the value the employing agency determines for the uniquely combined position and employee or the candidate recruited to be the employee. A designated rate may be assigned to a position classification and, therefore, all positions within the position classification. The establishment of or change to a designated rate requires a request from the head of the employing agency to the Director of Central Management Services.

b) Request from the Head of the Employing Agency – The request from the

employing agency head shall explain the unique nature of the employee's education and experience combined with the position's scope, responsibility, and reporting that warrant the requested designated rate, how the requested designated rate was determined, and the requested effective date. The employing agency shall attach to the request the current position description (CMS-104) and the candidate's or employee's current State employment or promotional employment application (CMS-100 or CMS-100B).

c) Review and Approval – The Director of Central Management Services shall

review the requested designated rate by comparing the value given to other positions and employees in the employing agency, the State, and other states when available. Following the review, the Director of Central Management Services shall seek the Governor's approval for the designated rate and its effective date.

d) Employee Payment – When the rate is approved, this Section shall be amended to

include the approved designated rate. Once amended, the employing agency shall pay the employee the designated rate retroactively to the effective date approved by the Governor.

e) Annual Designated Rates by Employing Agency –




Department of Commerce & Economic Opportunity

Private Secretary II Annual Salary (Pos. No. 34202-42-00-000-01-02) 62,400

Department of Healthcare and Family Services

Senior Public Service Administrator Annual Salary (Pos. No. 40070-33-20-000-00-61) 123,060

Department of Human Services

Administrative Assistant I Annual Salary (Pos. No. 00501-10-68-010-80-21) 55,200

Department of Public Health Senior Public Service Administrator Annual Salary (Pos. No. 40070-20-80-000-00-81) 139,364

Department of Revenue Senior Public Service Administrator Annual Salary (Pos. No. 40070-25-60-000-00-01) 133,104


Section 310.290 Out-of-State or Foreign Service Rate

a) Requirements – The out-of-state or foreign service rate is the rate of pay for employees not subject to Section 310.220 but occupying positions in the classification titles listed in subsection (d) that require payment in accordance with the economic conditions of another state or foreign country. The employee shall reside in the state or foreign country where the position is assigned.

b) Adjustments – The Director of Central Management Services will, before

approving an adjustment, consider the need of the employing agency, the treatment of other similar situations, prevailing practices of other employers, and the equity of the particular circumstances. Effective December 2, 2005, the base




salary for each employee who has 12 months of State service, or upon completing 12 months of State service by or on December 1, 2006, receives a 4% adjustment increase without change in the employee's creditable service date. For foreign service rates listed in subsection (d), an adjustment shall be made once a month to the base salary of an employee stationed in a foreign country to compensate for a change in the currency exchange rate. Adjustments, except those based on the currency exchange rate or those effective December 2, 2005, are suspended for non-union positions and employees.

c) Out-Of-State Rate Calculation – RangesFor out-of-state rates, ranges assigned to

states other than California and New Jersey are 15% above the ranges assigned to in-state positions and are listed in subsection (d). Ranges assigned to California and New Jersey are 30% above the ranges assigned to in-state positions and are listed in subsection (d).

d) Minimum and Maximum Out-of-State or Foreign Service Rates in Ranges by

Classification Title –

Range December 2, 2005

Title minimum maximum Executive II

(States Other Than California and New Jersey) 3401 6130 (CA, NJ) 3844 6929

Foreign Service Economic Development Executive I 4002 7365 Foreign Service Economic Development Executive II 5126 9654 Foreign Service Economic Development Representative 3400 6130 Office Administrator IV


Office Assistant (Foreign Service) 2256 2976




Office Associate


Office Coordinator


Public Service Administrator


Revenue Audit Supervisor (States Other Than California and New Jersey 4488 8390 (CA, NJ) 5074 9485

Revenue Tax Specialist I


Revenue Tax Specialist II


Revenue Tax Specialist Trainee


Senior Public Service Administrator






Section 310.295 Foreign Service Rate

a) Requirements – The foreign service rate is the rate of pay for employees not subject to Section 310.220 but occupying positions in the classification titles listed in subsection (d) that require payment in accordance with the economic conditions of a foreign country. The employee shall reside in the foreign country where the position is assigned.

b) Adjustments – The Director of Central Management Services will, before

approving an adjustment to a foreign service rate, consider the need of the employing agency, the treatment of other similar situations, prevailing practices of other employers, and the equity of the particular circumstances. Effective December 2, 2005, the base salary for each employee who has 12 months of State service, or upon completing 12 months of State service by or on December 1, 2006, receives a 4% adjustment increase without change in the employee's creditable service date. Adjustments, except those effective December 2, 2005, are suspended for non-union positions and employees.

c) Differentials – For foreign service rates listed in subsection (d), a differential shall

be made once a month to the base salary of an employee stationed in a foreign country to compensate for a change in the currency exchange rate.

d) Minimum and Maximum Foreign Service Rates in Ranges by Classification

Title – Range December 2, 2005

Title minimum maximumForeign Service Economic Development Executive I 4002 7365 Foreign Service Economic Development Executive II 5126 9654 Foreign Service Economic Development Representative 3400 6130 Office Assistant (Foreign Service) 2256 2976

(Source: Added at 30 Ill. Reg. ______, effective ____________)




SUBPART C: MERIT COMPENSATION SYSTEM Section 310.410 Jurisdiction The Merit Compensation System shall apply to all classes of positions designated below and in the ALPHABETIC INDEX OF POSITION TITLES. Also see Section 310.495 for the application of the Merit Compensation System for those Broad-Band titles listed with their salary ranges in Appendix G.

Title Title Code Salary Plan

Accountant Supervisor 00135 MC-05 Activity Therapist Supervisor 00163 MC-07 Actuary III 00203 MC-16 Administrative Assistant I 00501 MC-04 Administrative Assistant II 00502 MC-06 Agricultural Marketing Representative 00810 MC-05 Assignment Coordinator 01530 MC-07 Assistant Automotive Shop Supervisor 01565 MC-03 Automotive Shop Supervisor 03749 MC-07 Boat Safety Inspection Supervisor 04850 MC-06 Building Construction Inspector I 05541 MC-04 Building Construction Inspector II 05542 MC-05 Business Manager 05815 MC-05 Commerce Commission Police Sergeant 08457 MC-07 Corrections Leisure Activities Specialist III 09813 MC-06 Corrections Leisure Activities Specialist IV 09814 MC-07 Corrections Vocational School Supervisor 09880 MC-05 Court Reporter Supervisor 09903 MC-08 Data Processing Supervisor II 11436 MC-04 Data Processing Supervisor III 11437 MC-07 Dietary Manager I 12501 MC-03 Dietary Manager II 12502 MC-05 Disability Claims Analyst 12540 MC-06 Economic Development Representative I 12931 MC-05 Economic Development Representative II 12932 MC-07 Electrical Engineer 13180 MC-10 Employment Security Field Office Supervisor 13600 MC-06 Engineering Technician IV 13734 MC-07




Executive I 13851 MC-05 Executive II 13852 MC-07 Executive Secretary II 14032 MC-01 Executive Secretary III 14033 MC-02 Facility Fire Chief 14433 MC-02 Guard Supervisor 17685 MC-01 Guardianship Supervisor 17720 MC-07 Highway Construction Supervisor I 18525 MC-07 Highway Construction Supervisor II 18526 MC-09 Historical Library Chief of Acquisitions 18987 MC-06 Human Rights Mediator 19771 MC-05 Human Services Casework Manager 19788 MC-07 Internal Auditor I 21721 MC-05 Internal Security Investigator I 21731 MC-04 Internal Security Investigator II 21732 MC-07 International Marketing Representative I 21761 MC-05 KidCare Supervisor 22003 MC-07 Laundry Manager I 23191 MC-01 Librarian II 23402 MC-05 Lottery Regional Coordinator 24504 MC-07 Management Operations Analyst I 25541 MC-06 Manuscripts Manager 25610 MC-06 Meat and Poultry Inspector Supervisor 26073 MC-05 Mental Health Administrator I 26811 MC-05 Mental Health Administrator II 26812 MC-07 Mental Health Program Administrator 26908 MC-20 Methods and Procedures Advisor III 27133 MC-07 Office Administrator IV 29994 MC-02 Office Administrator V 29995 MC-03 Plumbing Consultant 32910 MC-09 Police Lieutenant 32977 MC-09 Private Secretary I 34201 MC-02 Private Secretary II 34202 MC-04 Property Tax Analyst III 34923 MC-05 Public Aid Family Support Specialist II 35842 MC-05 Public Aid Quality Control Supervisor 35900 MC-07 Public Aid Staff Development Specialist III 36073 MC-06 Public Health Program Specialist III 36613 MC-07




Public Information Coordinator 36750 MC-06 Radiologic Technologist Chief 37505 MC-03 Rehabilitation Workshop Supervisor III 38196 MC-05 Reimbursement Officer II 38200 MC-05 Reproduction Service Supervisor II 38202 MC-04 Residential Care Program Supervisor I 38271 MC-06 Revenue Audit Supervisor 38369 MC-12 Safety Responsibility Analyst Supervisor 38915 MC-02 Security Officer Chief 39875 MC-04 Security Officer Lieutenant 39876 MC-02 Security Therapy Aide IV 39904 MC-05 Sign Shop Foreman 41000 MC-06 Staff Development Specialist I 41771 MC-05 Staff Development Technician II 41782 MC-03 State Mine Inspector-At-Large 42240 MC-11 Statistical Research Specialist III 42743 MC-06 Statistical Research Supervisor 42745 MC-07 Storekeeper III 43053 MC-01 Supervising Vehicle Testing Compliance Officer 43680 MC-06 Switchboard Chief Operator 44410 MC-01 Technical Advisor I 45251 MC-05 Technical Advisor II 45252 MC-07 Telecommunications Supervisor 45305 MC-07 Utility Engineer I 47451 MC-05 Utility Engineer II 47452 MC-07 Vehicle Emissions Compliance Supervisor 47583 MC-05 Waterways Construction Supervisor I 49061 MC-05 Waterways Construction Supervisor II 49062 MC-07


Section 310.490 Other Pay Provisions

a) Transfer – Upon assignment of an employee to a vacant position in a class with the same salary range as the class for the position being vacated, the employee's base salary will not be changed. Upon separation and subsequent appointment to a position in the same salary range, no increase in salary will be given.

b) Entrance Base Salary –




1) When a candidate only meets the minimum requirements of the class

specification upon entry to State service, an employee's entrance base salary is the in-hiring rate or the minimum base salary of the salary range.

2) Qualifications Above Minimum Requirements – If a candidate possesses

directly-related education and experience in excess of the minimum requirements of the class specification, the employing agency may offer the candidate an entrance base salary that is not more than 10% above the candidate's current base salary. An entrance base salary offer more than 10% above the candidate's current base salary requires documentation in the candidate's CMS employment application (CMS-100) to support the higher entrance base salary offer and prior approval from the Director of Central Management Services. The approval is based on the candidate's documented directly-related education and experience exceeding the minimum requirements in the class specification, prior base salary history, staffing needs and requirements of the employing agency, and labor market influences on the recruitment for the position classification or position.

3) Area Differential – For positions where additional compensation is required because of dissimilar economic or other conditions in the geographical area in which the positions are established, a higher entrance salary may be authorized by the Director of Central Management Services. Present employees receiving less than the new rate of pay shall be advanced to the new rate.

c) Geographical Transfer – Upon geographical transfer from or to an area for which

additional compensation has been authorized, an employee will receive an adjustment to the appropriate salary level for the new geographical area of assignment, effective the first day of the month following the date of assignment.

d) Differential and Overtime Pay – An eligible employee may have an amount added

to the base salary for a given pay period for work performed in excess of the normal requirements for the position and work schedule, as follows: 1) Shift Differential Pay – An employee may be paid an amount in addition

to the base salary for work performed on a regularly scheduled second or third shift. The additional compensation will be at a rate and in a manner approved by the Director of Central Management Services. The Director




of Central Management Services will approve the manner and rate of this provision after considering the need of the employing agency, the treatment of other similar situations, prevailing practices of other employers, and the equity of the particular circumstances.

2) Overtime Pay −

A) Eligibility − The Director of Central Management Services shall

maintain a listing of classes of positions subject to the provisions of the Merit Compensation System that are eligible for overtime compensation. Classes in salary ranges MC 6 and below are eligible for straight-time overtime unless exceptions are determined by the Director of Central Management Services or federal guidelines. Employees in these classes of positions who are assigned and perform work in excess of the normal work schedule as established by the agency shall be compensated at a straight-time rate on either a cash or compensatory time-off basis for all hours worked in excess of a normal work week. Overtime in less than one-half hour increments per day shall not be accrued. Classes in MC 7 and above are not eligible for overtime unless required by federal regulation or approved by the Director of Central Management Services. Exceptions must be requested by the employing agency and will be determined on the basis of the special nature of the situation, a substantial need to provide overtime compensation and a significant number of hours worked beyond the normal work schedule, and will be granted only for a specified time period for which the special situation is expected to exist.

B) Compensatory Time − Employees who are eligible for

compensatory time may request such time, which may be granted by the agency at its discretion, considering, among other things, its operating needs. Compensatory time shall be taken within the fiscal year it was earned at a time convenient to the employee and consistent with the operating needs of the agency. Compensatory time shall be accrued at the rate in which it is earned (straight time or time and a half), but shall not exceed 120 hours in any fiscal year. Compensatory time approved for non-union employees will be earned after 40 actual work hours in a workweek. Compensatory time not used by the end of the fiscal year in which




it was earned shall be liquidated and paid in cash at the rate it was earned. Time spent in travel outside the normal work schedule shall not be accrued as compensatory time except as provided by labor contracts and the Federal Fair Labor Standards Act. At no time are overtime hours or compensatory time to be transferred from one agency to another agency.

e) Equivalent Earned Time –

1) Eligibility – Employees who are non-union, exempt under the Federal Fair Labor Standards Act, and in positions not eligible for overtime compensation may receive equivalent earned time for hours worked in excess of 40 actual work hours in a work week.

2) Accrual –

A) Employees who are eligible for equivalent earned time shall request that time before working in excess of 40 actual work hours in a work week. Requests for equivalent earned time may be granted by the agency at its discretion, considering its operating needs. Equivalent earned time shall be accrued at straight time only to a maximum of 120 hours in any fiscal year.

B) Equivalent earned time will accrue in no less than one-half hour

increments. Time spent in travel outside the normal work schedule shall not be counted toward accrual of equivalent earned time.

3) Compensation – Any approved equivalent earned time shall be taken at a

time convenient to the employee and consistent with the operating needs of the agency. This time may not be carried over from one fiscal year to another fiscal year. At no time is equivalent earned time to be converted into cash payment or transferred from one agency to another agency.

f) Part-Time Work – Part-time employees whose base salary is other than an hourly

or daily basis shall be paid on a daily rate basis computed by dividing the annual rate of salary by the total number of work days in the year.

g) Out-of-State Assignment – Employees who are assigned to work out-of-state on a

temporary basis may receive an appropriate differential during the period of the assignment, as approved by the Director of Central Management Services. The




Director of Central Management Services will approve the manner and rate of this provision after considering the need of the employing agency, the treatment of other similar situations, prevailing practices of other employers, and the equity of the particular circumstance.

h) Lump Sum Payment – Lump sum payment shall be provided for accrued

vacation, sick leave and unused compensatory overtime at the current base rate to those employees separated from employment under the Personnel Code. Leaves of absence and temporary layoff (per 80 Ill. Adm. Code 302.510) are not separations and therefore lump sum payments cannot be given in these transactions. Methods of computation are explained in Section 310.520(a).

AGENCY NOTE: The method to be used in computing lump sum payment for accrued vacation, sick leave and unused compensatory overtime for an incumbent entitled to shift differential during the regular work hours will be to use the current base salary plus the shift differential pay. Sick leave earned prior to January 1, 1984 and after December 31, 1997 is not compensable. Sick leave earned and not used between January 1, 1984 and December 31, 1997 will be compensable at the current base daily rate times one-half of the total number of compensable sick days.

i) Salary Treatment upon Return from Leave – An employee returning from Administrative Leave (80 Ill. Adm. Code 302.795), Military Leave (80 Ill. Adm. Code 302.220 and 303.170), Peace Corps Leave (80 Ill. Adm. Code 302.230), Service-Connected Disability Leave (80 Ill. Adm. Code 303.135), Educational Leave (80 Ill. Adm. Code 302.215), Disaster Service Leave with Pay (80 Ill. Adm. Code 303.175), Family Responsibility Leave (80 Ill. Adm. Code 303.148), Leave to accept a temporary, emergency, provisional, exempt (80 Ill. Adm. Code 303.155) or trainee position, or Leave to serve in domestic peace or job corps (80 Ill. Adm. Code 302.230) will have his/her salary established as determined appropriate by the employing agency and approved by the Director of Central Management Services. However, in no event is the resulting salary to be lower than the minimum rate or higher than the maximum rate of the salary range. Creditable service date will be maintained. An employee returning to his/her former salary range from any other leave of over 14 days will be placed at the salary which the employee received prior to the leave and the creditable service date will be extended by the duration of the leave.

j) Employees in classes that are made subject to the Merit Compensation System

after July 1, 1979 will retain their current salary, except that in no event is the




resultant salary to be lower than the minimum rate or higher than the maximum rate of the new salary range.

k) Extra Duty Pay – An employee may be paid an amount in addition to the base

salary for services in addition to the regular work schedule on a special assignment. Additional compensation will be at a rate and manner as approved by the Director of Central Management Services. The Director of Central Management Services will approve the manner and rate of this provision after considering the need of the employing agency, the treatment of other similar situations, prevailing practices of other employers, and the equity of the particular circumstances.

l) Salary Treatment Upon Reemployment –

1) Upon the reemployment of an employee in a class with the same salary

range as the class for the position held before layoff, the employee will be placed at the same salary as held at the time of the layoff, and his creditable service date will be adjusted to reflect that time on layoff does not count as creditable service time.

2) Upon the reemployment of an employee in a class at a lower salary range

than the range of the class for the position held before layoff, the employee will be placed at the same salary as held at the time of layoff, except that if this exceeds the maximum of the new range, the employee will be placed at that maximum salary. The creditable service date will be adjusted to reflect that time on layoff does not count as creditable service time.

m) Reinstatement – The salary upon reinstatement of an employee will be as

determined by the employing agency and approved by the Director of Central Management Services. This salary should not provide more than a 10% increase over the candidate's current base salary, or exceed the salary rate held in the position where previously certified without prior approval by the Director of Central Management Services. In no event is the resulting salary to be lower than the minimum rate or higher than the maximum rate of the salary range.

n) Bilingual Pay – Individual positions whose job descriptions require the use of sign

language, Braille, or another second language (e.g., Spanish) shall receive 5% or $100 per month, whichever is greater, in addition to the employee's base rate.




o) Clothing or Equipment Allowance – An employee may be paid an amount in addition to his/her base salary to compensate for clothing or equipment that is required in the performance of assigned duties. The amount will be determined by the Director of the employing agency, and will require approval of the Director of Central Management Services. The Director of Central Management Services will approve the manner and rate of this provision after considering the need of the employing agency, the treatment of other similar situations, prevailing practices of other employers, and the equity of the particular circumstance.


Section 310.495 Broad-Band Pay Range Classes Broad-band pay range classes shall be covered by all provisions of the Merit Compensation System except for the provisions identified in the following subsections:

a) Salary Range – The salary range for broad-band classes shall be as set out in Appendix G.

b) Entrance Salaries – The Director or chairman of the Department, Board or

Commission shall review the education, training and experience of an employee to be placed in the broad-band class and determine the employee's initial rate of pay.

1) The salary assigned an employee shall take into account the duties,

education, training and experience of the employee to assure reasonable pay equity among employees in the same class.

2) A report of the resultant rate of pay shall be provided to the Director of the

Department of Central Management Services on the form provided for that purpose.

3) An entrance salary should not provide more than a 10% increase over the

candidate's prior salary without the prior approval of the Director of the Department of Central Management Services.

c) Salary Adjustment for Substantial Additional Duties within the Same Position or

for Transfer to Another Position with Substantial Additional Duties in the Same Title – Salary adjustments for positions in broad-band classes may be made by the employing agency where the employee's positionemployee has been given




substantial additional responsibilities but will remain in the same classification or where the employee transfers to another position with substantial additional responsibilities in the same broad-band class. An increase of between 5% and 10% of current base salary may be given where the substantial additional responsibilities are documented on an updated job description and reflected on the organization chart.

d) Movement between Salary Systems – Salary treatment on movement of an

employee between one position in the broad-band class series and another position outside of the broad-band class series will be as recommended by the employing agency and approved by the Director of the Department of Central Management Services.

e) Salary Treatment upon Initial Placement of Positions in Other Occupational

Broad-Band Classes – For the purpose of establishing salary treatment upon initial placement of positions, it is necessary to determine the "lowest corresponding Merit Compensation grade." The Merit Compensation range with a minimum salary closest to, but not lower than, that of the broad-band range minimum is known as the "lowest corresponding Merit Compensation grade."

1) The incumbent of a position with a current salary range maximum equal to

or greater than the maximum of the "lowest corresponding Merit Compensation grade" will be placed in the broad-band range with no change in salary.

2) The incumbent of a position with a current salary range maximum less

than the maximum of the "lowest corresponding Merit Compensation grade" will be placed in the broad-band range with a 5% increase in current base salary. However, in no event shall the resulting salary be lower than the minimum or higher than the maximum rate of the new salary range. The creditable service date of an employee will not be changed unless an increase of 10% or greater is provided to move the employee to the minimum of the new range.


Section 310.500 Definitions The following are definitions of certain terms and are for purposes of clarification as they affect the Merit Compensation System only.




"Adjustment in Salary" − A change in salary occasioned by previously committed error or oversight, or required in the best interest of the agency or the state as defined in Sections 310.470 and 310.480. "Base Salary" − The dollar amount of pay of an employee as determined under the provisions of the Merit Compensation System. Base salary does not include commission, incentive pay, bilingual pay. Longevity pay, overtime pay, or shift differential pay or deductions for time not worked. "Bilingual Pay" – The dollar amount per month, or percentage of the employee's monthly base salary, paid in addition to the employee's base salary when the individual position held by the employee has a job description that requires the use of sign language, Braille, or another second language (e.g., Spanish), or that requires the employee to be bilingual. "Creditable Service" − All service in full or regularly scheduled part-time pay status beginning with the date of initial employment or the effective date of the last in-rangein-grade or promotional salary increase. Reevaluations and reallocations will not affect the creditable service date. Adjustments (Section 310.470) "for the purpose of correcting a previous error or oversight" shall not result in a change in the creditable service date; however, adjustments in "the best interests of the agency" shall result in a new creditable service date unless the Director of Central Management Services determines such changes to be inequitable. "Comparable Classes" − Two or more classes that are in the same salary range. "Demotion" − The assignment for cause of an employee to a vacant position in a class in a lower salary range than the former class. "Differential" − The additional compensation added to the base salary of an employee resulting from conditions of employment imposed during the normal schedule of work. "Entrance Base Salary" − The initial base salary assigned to an employee upon entering State service. "Intermittent Merit Increase" − An intermittent merit increase is an increase in monthly base salary, other than the annual merit increase awarded to a merit




compensation employee based on performance. "Maximum Rate of Pay" − The highest rate of pay for a given salary range. "Midpoint Salary" − The rate of pay that is the maximum rate and the minimum rate in the salary range added together divided by two and rounded up or down to the nearest whole dollardivides the rate range of a salary range into two equal parts. "Minimum Rate of Pay" − The lowest rate of pay for a given salary range. Normally the minimum rate of pay represents the salary to be paid a qualified employee who is appointed to a position in a class assigned to a given salary range. "Performance Review" − The required review of an employee's on-the-job performance as measured by a specific set of criteria. "Performance Review Date" − The date on which the annual merit increase must be made effective if a performance review indicates it is appropriate. Actual performance review procedures are to be completed prior to the effective date of any recommendation to allow sufficient time for the records to be processed by the originating agency. "Promotion" − The appointment of an employee, with the approval of the agency and the Department of Central Management Services, to a vacant position in a class in a higher salary range than the former class. "Reallocation" − The change in the classification of a position resulting from significant changes in assigned duties and responsibilities. "Reclassification" – The assignment of a position or positions to a different classification based on creation of a new classification or the revision of existing class specification, and approved by the Civil Service Commission. "Reevaluation" − The assignment of a different salary range to a class of positions based upon a change in relation to other classes or to the labor market. "Salary Range" − The dollar values encompassed by the minimum and maximum rates of pay of a salary range assigned to a class title.




"Transfer" − The assignment of an employee to a vacant position in a class having the same salary range. "Work Year" − That period of time determined by the agency and filed with the Department of Central Management Services in accordance with 80 Ill. Adm. Code 303.300.





Section 310.APPENDIX A Negotiated Rates of Pay Section 310.TABLE J RC-014 (Clerical Employees, AFSCME)

Title Title Code Bargaining Unit Pay Grade

Account Clerk I 00111 RC-014 05 Account Clerk II 00112 RC-014 07 Account Technician I 00115 RC-014 10 Account Technician II 00116 RC-014 12 Administrative Services Worker Trainee 00600 RC-014 02 Aircraft Dispatcher 00951 RC-014 12 Aircraft Lead Dispatcher 00952 RC-014 14 Audio Visual Technician I 03501 RC-014 06 Audio Visual Technician II 03502 RC-014 09 Buyer Assistant 05905 RC-014 10 Check Issuance Machine Operator 06920 RC-014 09 Check Issuance Machine Supervisor 06925 RC-014 11 Clerical Trainee 08050 RC-014 TR Communications Dispatcher 08815 RC-014 09 Communications Equipment Technician I 08831 RC-014 17 Communications Equipment Technician II 08832 RC-014 19 Communications Equipment Technician III 08833 RC-014 20 Court Reporter 09900 RC-014 15 Data Processing Assistant 11420 RC-014 06 Data Processing Operator 11425 RC-014 04 Data Processing Operator Trainee 11428 RC-014 02 Drafting Worker 12749 RC-014 11 Electronic Equipment Installer/Repairer 13340 RC-014 10 Electronic Equipment Installer/Repairer Lead

Worker 13345 RC-014 12

Electronics Technician 13360 RC-014 15 Emergency Response Lead Telecommunicator 13540 RC-014 12 Emergency Response Telecommunicator 13543 RC-014 10 Engineering Technician II 13732 RC-014 13 Engineering Technician III 13733 RC-014 16 Executive Secretary I 14031 RC-014 11 Executive Secretary II 14032 RC-014 14 Graphic Arts Designer 17366 RC-014 14 Graphic Arts Designer Supervisor 17365 RC-014 18




Graphic Arts Technician 17400 RC-014 12 Industrial Commission Reporter 21080 RC-014 16 Industrial Commission Technician 21095 RC-014 11 Insurance Analyst I 21561 RC-014 09 Insurance Analyst II 21562 RC-014 12 Insurance Analyst Trainee 21566 RC-014 07 Intermittent Clerk 21686 RC-014 02H Library Aide I 23421 RC-014 03 Library Aide II 23422 RC-014 05 Library Aide III 23423 RC-014 07 Library Technical Assistant 23450 RC-014 10 Lottery Telemarketing Representative 24520 RC-014 09 Microfilm Laboratory Technician I 27175 RC-014 07 Microfilm Laboratory Technician II 27176 RC-014 09 Microfilm Operator I 27181 RC-014 04 Microfilm Operator II 27182 RC-014 06 Microfilm Operator III 27183 RC-014 08 Office Aide 30005 RC-014 02 Office Assistant 30010 RC-014 06 Office Associate 30015 RC-014 08 Office Clerk 30020 RC-014 04 Office Coordinator 30025 RC-014 09 Photographer I 32085 RC-014 11 Photographer II 32086 RC-014 14 Photographer III 32087 RC-014 15 Photographic Technician I 32091 RC-014 11 Photographic Technician II 32092 RC-014 14 Photographic Technician III 32093 RC-014 15 Procurement Representative 34540 RC-014 09 Property and Supply Clerk I 34791 RC-014 03.5 Property and Supply Clerk II 34792 RC-014 05.5 Property and Supply Clerk III 34793 RC-014 08 Property Tax Examiner 34930 RC-014 09 Rehabilitation Case Coordinator I 38141 RC-014 08 Rehabilitation Case Coordinator II 38142 RC-014 10 Reproduction Service Supervisor I 38201 RC-014 13 Reproduction Service Technician I 38203 RC-014 05 Reproduction Service Technician II 38204 RC-014 09 Reproduction Service Technician III 38205 RC-014 11 Safety Responsibility Analyst 38910 RC-014 12




Storekeeper I 43051 RC-014 10.5 Storekeeper II 43052 RC-014 12.5 Storekeeper III 43053 RC-014 14 Stores Clerk 43060 RC-014 04.5 Switchboard Operator I 44411 RC-014 05 Switchboard Operator II 44412 RC-014 07 Switchboard Operator III 44413 RC-014 09 Telecommunicator – Command Center 45316 RC-014 13 Telecommunicator Lead Worker – Command

Center 45318 RC-014 15

Telecommunicator 45321 RC-014 12 Telecommunicator – Call Taker 45322 RC-014 14 Telecommunicator – Lead Call Taker 45323 RC-014 16 Telecommunicator Lead Worker 45324 RC-014 14 Telecommunicator Trainee 45325 RC-014 10 Telecommunicator Specialist 45326 RC-014 15 Telecommunicator Lead Specialist 45327 RC-014 17 Vehicle Permit Evaluator 47585 RC-014 11 Veterans Service Officer Associate 47804 RC-014 13 NOTE: RC-014-TR is at least the minimum wage and below the minimum rate in the pay grade

of the targeted title. The targeted title is the lowest entry level position in the office, either Office Aide (pay grade RC-014-02), Office Clerk (pay grade RC-014-04) or, for the Department of Corrections only, Office Assistant (pay grade RC-014-06).

Effective July 1, 2006

Bargaining Unit: RC-014

S T E P S Pay Grade

Pay Plan Code 1c 1b 1a 1 2 3 4 5 6 7 8

02 B 1992 2039 2087 2135 2183 2231 2292 2343 2397 2486 2561 02 Q 2069 2117 2167 2219 2268 2320 2381 2438 2492 2585 2663 02 S 2127 2174 2225 2277 2326 2376 2440 2495 2551 2644 2723

02H B 12.26 12.55 12.84 13.14 13.43 13.73 14.10 14.42 14.75 15.30 15.7602H Q 12.73 13.03 13.34 13.66 13.96 14.28 14.65 15.00 15.34 15.91 16.3902H S 13.09 13.38 13.69 14.01 14.31 14.62 15.02 15.35 15.70 16.27 16.76




03 B 2035 2082 2131 2183 2231 2293 2347 2402 2459 2561 2640 03 Q 2113 2163 2215 2268 2320 2382 2441 2497 2556 2664 2743 03 S 2170 2221 2272 2326 2376 2441 2498 2555 2613 2722 2803

03.5 B 2080 2129 2181 2231 2289 2347 2404 2459 2521 2629 2707 03.5 Q 2161 2212 2266 2320 2378 2441 2499 2556 2621 2733 2815 03.5 S 2218 2270 2324 2376 2438 2498 2557 2613 2679 2791 2876

04 B 2080 2129 2181 2231 2293 2353 2406 2474 2528 2637 2715 04 Q 2161 2212 2266 2320 2382 2445 2501 2571 2629 2741 2823 04 S 2218 2270 2324 2376 2441 2502 2560 2630 2685 2799 2883

04.5 B 2132 2184 2235 2289 2347 2405 2469 2533 2591 2701 2781 04.5 Q 2216 2269 2324 2378 2441 2500 2566 2633 2694 2810 2893 04.5 S 2273 2327 2380 2438 2498 2559 2623 2689 2754 2868 2954

05 B 2135 2187 2238 2293 2356 2418 2481 2541 2603 2710 2792 05 Q 2219 2272 2327 2382 2447 2514 2578 2642 2707 2819 2904 05 S 2277 2330 2384 2441 2504 2571 2638 2701 2765 2877 2962

05.5 B 2187 2238 2293 2347 2406 2479 2540 2603 2671 2779 2863 05.5 Q 2272 2327 2382 2441 2501 2576 2641 2707 2779 2891 2979 05.5 S 2330 2384 2441 2498 2560 2635 2700 2765 2837 2950 3040

06 B 2193 2246 2300 2356 2419 2483 2553 2618 2690 2804 2887 06 Q 2278 2333 2390 2447 2515 2582 2655 2724 2797 2917 3003 06 S 2335 2392 2447 2504 2572 2640 2714 2782 2855 2977 3066

07 B 2253 2306 2363 2419 2486 2559 2632 2703 2778 2905 2991 07 Q 2339 2397 2454 2515 2585 2662 2737 2812 2890 3025 3116 07 S 2398 2453 2513 2572 2644 2719 2794 2870 2948 3085 3177

08 B 2313 2370 2428 2486 2565 2642 2724 2799 2878 3015 3104 08 Q 2404 2462 2524 2585 2669 2746 2835 2910 2998 3140 3233




08 S 2461 2520 2580 2644 2725 2804 2893 2972 3058 3200 3296

09 B 2384 2443 2503 2565 2645 2730 2814 2904 2990 3131 3224 09 Q 2480 2540 2603 2669 2751 2841 2928 3023 3114 3262 3361 09 S 2537 2599 2660 2725 2809 2898 2988 3084 3174 3325 3424

10 B 2461 2521 2584 2648 2745 2826 2920 3012 3105 3263 3362 10 Q 2559 2621 2686 2755 2854 2942 3041 3137 3235 3407 3507 10 S 2615 2679 2744 2812 2912 3001 3100 3196 3299 3471 3575

10.5 B 2534 2596 2660 2726 2814 2910 2999 3104 3194 3357 3458 10.5 Q 2634 2701 2768 2838 2928 3030 3124 3233 3330 3503 3609 10.5 S 2690 2758 2825 2895 2988 3091 3184 3298 3395 3570 3676

11 B 2549 2612 2679 2746 2839 2931 3036 3137 3234 3405 3508 11 Q 2651 2717 2785 2855 2957 3054 3163 3269 3373 3555 3661 11 S 2710 2775 2843 2913 3017 3113 3223 3331 3438 3618 3728

12 B 2649 2715 2783 2855 2960 3058 3172 3276 3397 3579 3686 12 Q 2756 2824 2896 2973 3083 3185 3308 3420 3545 3738 3850 12 S 2814 2882 2955 3031 3143 3247 3371 3484 3611 3805 3919

12.5 B 2711 2779 2851 2924 3032 3138 3256 3368 3478 3669 3779 12.5 Q 2820 2891 2966 3046 3158 3271 3397 3517 3632 3835 3950 12.5 S 2878 2950 3027 3105 3219 3333 3464 3582 3698 3903 4020

13 B 2746 2815 2887 2963 3072 3189 3309 3430 3558 3755 3869 13 Q 2855 2930 3006 3086 3200 3326 3455 3581 3713 3925 4043 13 S 2913 2989 3066 3146 3261 3389 3521 3646 3781 3992 4112

14 B 2857 2931 3011 3090 3208 3333 3478 3606 3743 3960 4079 14 Q 2975 3054 3136 3220 3345 3480 3632 3768 3912 4140 4264 14 S 3033 3113 3195 3282 3411 3544 3698 3834 3979 4205 4331




15 B 2967 3046 3128 3213 3354 3493 3630 3778 3918 4153 4279 15 Q 3091 3173 3260 3351 3500 3646 3792 3950 4095 4340 4470 15 S 3151 3232 3323 3415 3565 3709 3860 4016 4160 4407 4538

16 B 3099 3183 3269 3363 3514 3669 3822 3982 4141 4385 4517 16 Q 3228 3318 3413 3511 3669 3835 3995 4159 4327 4584 4722 16 S 3292 3383 3477 3577 3736 3903 4064 4227 4395 4648 4790

17 B 3237 3328 3424 3524 3686 3856 4020 4182 4352 4611 4749 17 Q 3377 3474 3575 3677 3853 4030 4199 4370 4548 4819 4965 17 S 3440 3539 3640 3744 3921 4099 4268 4438 4614 4888 5035

18 B 3402 3500 3601 3708 3887 4069 4253 4427 4604 4879 5026 18 Q 3551 3653 3762 3875 4066 4252 4447 4629 4812 5100 5252 18 S 3615 3717 3830 3940 4131 4320 4512 4695 4881 5165 5321

19 B 3580 3684 3793 3909 4108 4302 4502 4691 4886 5183 5338 19 Q 3739 3850 3966 4084 4293 4493 4706 4902 5108 5416 5578 19 S 3806 3919 4035 4152 4361 4562 4772 4970 5176 5483 5647

20 B 3781 3895 4011 4130 4339 4540 4756 4963 5168 5482 5646 20 Q 3953 4071 4191 4316 4534 4747 4971 5185 5401 5731 5903 20 S 4018 4138 4258 4384 4600 4812 5038 5252 5467 5795 5971

TR TR

Effective January 1, 2007 Bargaining Unit: RC-014

S T E P S Pay

Grade Pay Plan

Code 1c 1b 1a 1 2 3 4 5 6 7 8

02 B 2012 2059 2108 2156 2205 2253 2315 2366 2421 2511 2587 02 Q 2090 2138 2189 2241 2291 2343 2405 2462 2517 2611 2690




02 S 2148 2196 2247 2300 2349 2400 2464 2520 2577 2670 2750

02H B 12.38 12.67 12.97 13.27 13.57 13.86 14.25 14.56 14.90 15.45 15.9202H Q 12.86 13.16 13.47 13.79 14.10 14.42 14.80 15.15 15.49 16.07 16.5502H S 13.22 13.51 13.83 14.15 14.46 14.77 15.16 15.51 15.86 16.43 16.92

03 B 2055 2103 2152 2205 2253 2316 2370 2426 2484 2587 2666 03 Q 2134 2185 2237 2291 2343 2406 2465 2522 2582 2691 2770 03 S 2192 2243 2295 2349 2400 2465 2523 2581 2639 2749 2831

03.5 B 2101 2150 2203 2253 2312 2370 2428 2484 2546 2655 2734 03.5 Q 2183 2234 2289 2343 2402 2465 2524 2582 2647 2760 2843 03.5 S 2240 2293 2347 2400 2462 2523 2583 2639 2706 2819 2905

04 B 2101 2150 2203 2253 2316 2377 2430 2499 2553 2663 2742 04 Q 2183 2234 2289 2343 2406 2469 2526 2597 2655 2768 2851 04 S 2240 2293 2347 2400 2465 2527 2586 2656 2712 2827 2912

04.5 B 2153 2206 2257 2312 2370 2429 2494 2558 2617 2728 2809 04.5 Q 2238 2292 2347 2402 2465 2525 2592 2659 2721 2838 2922 04.5 S 2296 2350 2404 2462 2523 2585 2649 2716 2782 2897 2984

05 B 2156 2209 2260 2316 2380 2442 2506 2566 2629 2737 2820 05 Q 2241 2295 2350 2406 2471 2539 2604 2668 2734 2847 2933 05 S 2300 2353 2408 2465 2529 2597 2664 2728 2793 2906 2992

05.5 B 2209 2260 2316 2370 2430 2504 2565 2629 2698 2807 2892 05.5 Q 2295 2350 2406 2465 2526 2602 2667 2734 2807 2920 3009 05.5 S 2353 2408 2465 2523 2586 2661 2727 2793 2865 2980 3070

06 B 2215 2268 2323 2380 2443 2508 2579 2644 2717 2832 2916 06 Q 2301 2356 2414 2471 2540 2608 2682 2751 2825 2946 3033 06 S 2358 2416 2471 2529 2598 2666 2741 2810 2884 3007 3097




07 B 2276 2329 2387 2443 2511 2585 2658 2730 2806 2934 3021 07 Q 2362 2421 2479 2540 2611 2689 2764 2840 2919 3055 3147 07 S 2422 2478 2538 2598 2670 2746 2822 2899 2977 3116 3209

08 B 2336 2394 2452 2511 2591 2668 2751 2827 2907 3045 3135 08 Q 2428 2487 2549 2611 2696 2773 2863 2939 3028 3171 3265 08 S 2486 2545 2606 2670 2752 2832 2922 3002 3089 3232 3329

09 B 2408 2467 2528 2591 2671 2757 2842 2933 3020 3162 3256 09 Q 2505 2565 2629 2696 2779 2869 2957 3053 3145 3295 3395 09 S 2562 2625 2687 2752 2837 2927 3018 3115 3206 3358 3458

10 B 2486 2546 2610 2674 2772 2854 2949 3042 3136 3296 3396 10 Q 2585 2647 2713 2783 2883 2971 3071 3168 3267 3441 3542 10 S 2641 2706 2771 2840 2941 3031 3131 3228 3332 3506 3611

10.5 B 2559 2622 2687 2753 2842 2939 3029 3135 3226 3391 3493 10.5 Q 2660 2728 2796 2866 2957 3060 3155 3265 3363 3538 3645 10.5 S 2717 2786 2853 2924 3018 3122 3216 3331 3429 3606 3713

11 B 2574 2638 2706 2773 2867 2960 3066 3168 3266 3439 3543 11 Q 2678 2744 2813 2884 2987 3085 3195 3302 3407 3591 3698 11 S 2737 2803 2871 2942 3047 3144 3255 3364 3472 3654 3765

12 B 2675 2742 2811 2884 2990 3089 3204 3309 3431 3615 3723 12 Q 2784 2852 2925 3003 3114 3217 3341 3454 3580 3775 3889 12 S 2842 2911 2985 3061 3174 3279 3405 3519 3647 3843 3958

12.5 B 2738 2807 2880 2953 3062 3169 3289 3402 3513 3706 3817 12.5 Q 2848 2920 2996 3076 3190 3304 3431 3552 3668 3873 3990 12.5 S 2907 2980 3057 3136 3251 3366 3499 3618 3735 3942 4060

13 B 2773 2843 2916 2993 3103 3221 3342 3464 3594 3793 3908 13 Q 2884 2959 3036 3117 3232 3359 3490 3617 3750 3964 4083




13 S 2942 3019 3097 3177 3294 3423 3556 3682 3819 4032 4153

14 B 2886 2960 3041 3121 3240 3366 3513 3642 3780 4000 4120 14 Q 3005 3085 3167 3252 3378 3515 3668 3806 3951 4181 4307 14 S 3063 3144 3227 3315 3445 3579 3735 3872 4019 4247 4374

15 B 2997 3076 3159 3245 3388 3528 3666 3816 3957 4195 4322 15 Q 3122 3205 3293 3385 3535 3682 3830 3990 4136 4383 4515 15 S 3183 3264 3356 3449 3601 3746 3899 4056 4202 4451 4583

16 B 3130 3215 3302 3397 3549 3706 3860 4022 4182 4429 4562 16 Q 3260 3351 3447 3546 3706 3873 4035 4201 4370 4630 4769 16 S 3325 3417 3512 3613 3773 3942 4105 4269 4439 4694 4838

17 B 3269 3361 3458 3559 3723 3895 4060 4224 4396 4657 4796 17 Q 3411 3509 3611 3714 3892 4070 4241 4414 4593 4867 5015 17 S 3474 3574 3676 3781 3960 4140 4311 4482 4660 4937 5085

18 B 3436 3535 3637 3745 3926 4110 4296 4471 4650 4928 5076 18 Q 3587 3690 3800 3914 4107 4295 4491 4675 4860 5151 5305 18 S 3651 3754 3868 3979 4172 4363 4557 4742 4930 5217 5374

19 B 3616 3721 3831 3948 4149 4345 4547 4738 4935 5235 5391 19 Q 3776 3889 4006 4125 4336 4538 4753 4951 5159 5470 5634 19 S 3844 3958 4075 4194 4405 4608 4820 5020 5228 5538 5703

20 B 3819 3934 4051 4171 4382 4585 4804 5013 5220 5537 5702 20 Q 3993 4112 4233 4359 4579 4794 5021 5237 5455 5788 5962 20 S 4058 4179 4301 4428 4646 4860 5088 5305 5522 5853 6031

TR TR





Section 310.APPENDIX A Negotiated Rates of Pay Section 310.TABLE Q RC-033 (Meat Inspectors, IFPE) Title Title Code Bargaining Unit Pay Plan Code Meat and Poultry Inspector 26070 RC-033 B Meat and Poultry Inspector Trainee 26075 RC-033 B


S T E P S Title 1 2 3 4 5 6 7

Meat and Poultry Inspector 3145 3281 3413 3542 3679 3886 3964 Meat and Poultry Inspector Trainee 2667 2763 2869 2972 3077 3249 3311

Effective January 1, 2007

S T E P S Title 1 2 3 4 5 6 7

Meat and Poultry Inspector 3176 3314 3447 3577 3716 3925 4004 Meat and Poultry Inspector Trainee 2694 2791 2898 3002 3108 3281 3344





Section 310.APPENDIX A Negotiated Rates of Pay Section 310.TABLE W RC-062 (Technical Employees, AFSCME)

Title Title Code

Bargaining Unit

Pay Grade

Accountant 00130 RC-062 14 Accountant Advanced 00133 RC-062 16 Accounting and Fiscal Administration Career Trainee 00140 RC-062 12 Activity Therapist 00157 RC-062 15 Activity Therapist Coordinator 00160 RC-062 17 Actuarial Assistant 00187 RC-062 16 Actuarial Examiner 00195 RC-062 16 Actuarial Examiner Trainee 00196 RC-062 13 Actuarial Senior Examiner 00197 RC-062 19 Actuary I 00201 RC-062 20 Actuary II 00202 RC-062 24 Agricultural Market News Assistant 00804 RC-062 12 Agricultural Marketing Generalist 00805 RC-062 14 Agricultural Marketing Reporter 00807 RC-062 18 Agricultural Marketing Representative 00810 RC-062 18 Agriculture Land and Water Resource Specialist I 00831 RC-062 14 Agriculture Land and Water Resource Specialist II 00832 RC-062 17 Agriculture Land and Water Resource Specialist III 00833 RC-062 20 Aircraft Pilot I 00955 RC-062 19 Aircraft Pilot II 00956 RC-062 22 Aircraft Pilot II – Dual Rating 00957 RC-062 23 Appraisal Specialist I 01251 RC-062 14 Appraisal Specialist II 01252 RC-062 16 Appraisal Specialist III 01253 RC-062 18 Arts Council Associate 01523 RC-062 12 Arts Council Program Coordinator 01526 RC-062 18 Arts Council Program Representative 01527 RC-062 15 Assignment Coordinator 01530 RC-062 20 Bank Examiner I 04131 RC-062 16 Bank Examiner II 04132 RC-062 19 Bank Examiner III 04133 RC-062 22 Behavioral Analyst Associate 04355 RC-062 15 Behavioral Analyst I 04351 RC-062 17 Behavioral Analyst II 04352 RC-062 19




Business Administrative Specialist 05810 RC-062 16 Buyer 05900 RC-062 18 Capital Development Board Account Technician 06515 RC-062 11 Capital Development Board Art in Architecture Technician 06533 RC-062 12 Capital Development Board Construction Support Analyst 06520 RC-062 11 Capital Development Board Project Technician 06530 RC-062 12 Chemist I 06941 RC-062 16 Chemist II 06942 RC-062 19 Chemist III 06943 RC-062 21 Child Protection Advanced Specialist 07161 RC-062 19 Child Protection Associate Specialist 07162 RC-062 16 Child Protection Specialist 07163 RC-062 18 Child Welfare Associate Specialist 07216 RC-062 16 Child Welfare Staff Development Coordinator I 07201 RC-062 17 Child Welfare Staff Development Coordinator II 07202 RC-062 19 Child Welfare Staff Development Coordinator III 07203 RC-062 20 Child Welfare Staff Development Coordinator IV 07204 RC-062 22 Children and Family Service Intern – Option I 07241 RC-062 12 Children and Family Service Intern – Option II 07242 RC-062 15 Clinical Laboratory Technologist I 08220 RC-062 18 Clinical Laboratory Technologist II 08221 RC-062 19 Clinical Laboratory Technologist Trainee 08229 RC-062 14 Communications Systems Specialist 08860 RC-062 23 Community Management Specialist I 08891 RC-062 15 Community Management Specialist II 08892 RC-062 17 Community Management Specialist III 08893 RC-062 19 Community Planner I 08901 RC-062 15 Community Planner II 08902 RC-062 17 Community Planner III 08903 RC-062 19 Conservation Education Representative 09300 RC-062 12 Conservation Grant Administrator I 09311 RC-062 18 Conservation Grant Administrator II 09312 RC-062 20 Conservation Grant Administrator III 09313 RC-062 22 Construction Program Assistant 09525 RC-062 12 Correctional Counselor I 09661 RC-062 15 Correctional Counselor II 09662 RC-062 17 Correctional Counselor III 09663 RC-062 19 Corrections Academy Trainer 09732 RC-062 17 Corrections Apprehension Specialist 09750 RC-062 19 Corrections Industries Marketing Representative 09803 RC-062 17




Corrections Leisure Activities Specialist I 09811 RC-062 15 Corrections Leisure Activities Specialist II 09812 RC-062 17 Corrections Leisure Activities Specialist III 09813 RC-062 19 Corrections Parole Agent 09842 RC-062 17 Corrections Senior Parole Agent 09844 RC-062 19 Criminal Intelligence Analyst I 10161 RC-062 18 Criminal Intelligence Analyst II 10162 RC-062 20 Criminal Intelligence Analyst Specialist 10165 RC-062 22 Criminal Justice Specialist I 10231 RC-062 16 Criminal Justice Specialist II 10232 RC-062 20 Criminal Justice Specialist Trainee 10236 RC-062 13 Curator of the Lincoln Collection 10750 RC-062 16 Day Care Licensing Representative I 11471 RC-062 16 Developmental Disabilities Council Program Planner I 12361 RC-062 12 Developmental Disabilities Council Program Planner II 12362 RC-062 16 Developmental Disabilities Council Program Planner III 12363 RC-062 18 Dietitian 12510 RC-062 15 Disability Appeals Officer 12530 RC-062 22 Disability Claims Adjudicator I 12537 RC-062 16 Disability Claims Adjudicator II 12538 RC-062 18 Disability Claims Adjudicator Trainee 12539 RC-062 13 Disability Claims Analyst 12540 RC-062 21 Disability Claims Specialist 12558 RC-062 19 Disaster Services Planner 12585 RC-062 19 Document Examiner 12640 RC-062 22 Educator – Provisional 13105 RC-062 12 Employment Security Manpower Representative I 13621 RC-062 12 Employment Security Manpower Representative II 13622 RC-062 14 Employment Security Program Representative 13650 RC-062 14 Employment Security Program Representative – Intermittent 13651 RC-062 14H Employment Security Service Representative 13667 RC-062 16 Employment Security Specialist I 13671 RC-062 14 Employment Security Specialist II 13672 RC-062 16 Employment Security Specialist III 13673 RC-062 19 Employment Security Tax Auditor I 13681 RC-062 17 Employment Security Tax Auditor II 13682 RC-062 19 Energy and Natural Resources Specialist I 13711 RC-062 15 Energy and Natural Resources Specialist II 13712 RC-062 17 Energy and Natural Resources Specialist III 13713 RC-062 19 Energy and Natural Resources Specialist Trainee 13715 RC-062 12




Environmental Health Specialist I 13768 RC-062 14 Environmental Health Specialist II 13769 RC-062 16 Environmental Health Specialist III 13770 RC-062 18 Environmental Protection Associate 13785 RC-062 12 Environmental Protection Specialist I 13821 RC-062 14 Environmental Protection Specialist II 13822 RC-062 16 Environmental Protection Specialist III 13823 RC-062 18 Environmental Protection Specialist IV 13824 RC-062 22 Equal Pay Specialist 13837 RC-062 17 Financial Institutions Examiner I 14971 RC-062 16 Financial Institutions Examiner II 14972 RC-062 19 Financial Institutions Examiner III 14973 RC-062 22 Financial Institutions Examiner Trainee 14978 RC-062 13 Flight Safety Coordinator 15640 RC-062 22 Forensic Scientist I 15891 RC-062 18 Forensic Scientist II 15892 RC-062 20 Forensic Scientist III 15893 RC-062 22 Forensic Scientist Trainee 15897 RC-062 15 Guardianship Representative 17710 RC-062 17 Habilitation Program Coordinator 17960 RC-062 17 Handicapped Services Representative I 17981 RC-062 11 Health Facilities Surveyor I 18011 RC-062 16 Health Facilities Surveyor II 18012 RC-062 19 Health Facilities Surveyor III 18013 RC-062 20 Health Services Investigator I – Opt. A 18181 RC-062 19 Health Services Investigator I – Opt. B 18182 RC-062 20 Health Services Investigator II – Opt. A 18185 RC-062 22 Health Services Investigator II – Opt. B 18186 RC-062 22 Health Services Investigator II – Opt. C 18187 RC-062 25 Health Services Investigator II – Opt. D 18188 RC-062 25 Historical Documents Conservator I 18981 RC-062 13 Historical Exhibits Designer 18985 RC-062 15 Historical Research Editor II 19002 RC-062 14 Human Relations Representative 19670 RC-062 16 Human Rights Investigator I 19774 RC-062 16 Human Rights Investigator II 19775 RC-062 18 Human Rights Investigator III 19776 RC-062 19 Human Rights Specialist I 19778 RC-062 14 Human Rights Specialist II 19779 RC-062 16 Human Rights Specialist III 19780 RC-062 18




Human Services Caseworker 19785 RC-062 16 Human Services Grants Coordinator I 19791 RC-062 14 Human Services Grants Coordinator II 19792 RC-062 17 Human Services Grants Coordinator III 19793 RC-062 20 Human Services Grants Coordinator Trainee 19796 RC-062 12 Human Services Sign Language Interpreter 19810 RC-062 16 Iconographer 19880 RC-062 12 Industrial and Community Development Representative I 21051 RC-062 17 Industrial and Community Development Representative II 21052 RC-062 19 Industrial Services Consultant I 21121 RC-062 14 Industrial Services Consultant II 21122 RC-062 16 Industrial Services Consultant Trainee 21125 RC-062 11 Industrial Services Hygienist 21127 RC-062 19 Industrial Services Hygienist Technician 21130 RC-062 16 Industrial Services Hygienist Trainee 21133 RC-062 12 Information Technology/Communication Systems Specialist I 21216 RC-062 19 Information Technology/Communication Systems Specialist II 21217 RC-062 24 Instrument Designer 21500 RC-062 18 Insurance Analyst III 21563 RC-062 14 Insurance Analyst IV 21564 RC-062 16 Insurance Company Claims Examiner II 21602 RC-062 19 Insurance Company Field Staff Examiner 21608 RC-062 16 Insurance Company Financial Examiner Trainee 21610 RC-062 13 Insurance Performance Examiner I 21671 RC-062 14 Insurance Performance Examiner II 21672 RC-062 17 Insurance Performance Examiner III 21673 RC-062 20 Intermittent Unemployment Insurance Representative 21689 RC-062 12HInternal Auditor I 21721 RC-062 17 Labor Conciliator 22750 RC-062 20 Laboratory Equipment Specialist 22990 RC-062 18 Laboratory Quality Specialist I 23021 RC-062 19 Laboratory Quality Specialist II 23022 RC-062 21 Laboratory Research Specialist I 23027 RC-062 19 Laboratory Research Specialist II 23028 RC-062 21 Land Acquisition Agent I 23091 RC-062 15 Land Acquisition Agent II 23092 RC-062 18 Land Acquisition Agent III 23093 RC-062 21 Land Reclamation Specialist I 23131 RC-062 14 Land Reclamation Specialist II 23132 RC-062 17 Liability Claims Adjuster I 23371 RC-062 14




Liability Claims Adjuster II 23372 RC-062 18 Library Associate 23430 RC-062 12 Life Sciences Career Trainee 23600 RC-062 12 Liquor Control Special Agent II 23752 RC-062 15 Local Historical Services Representative 24000 RC-062 17 Local Housing Advisor I 24031 RC-062 14 Local Housing Advisor II 24032 RC-062 16 Local Housing Advisor III 24033 RC-062 18 Local Revenue and Fiscal Advisor I 24101 RC-062 15 Local Revenue and Fiscal Advisor II 24102 RC-062 17 Local Revenue and Fiscal Advisor III 24103 RC-062 19 Lottery Sales Representative 24515 RC-062 16 Management Operations Analyst I 25541 RC-062 18 Management Operations Analyst II 25542 RC-062 20 Manpower Planner I 25591 RC-062 14 Manpower Planner II 25592 RC-062 17 Manpower Planner III 25593 RC-062 20 Manpower Planner Trainee 25597 RC-062 12 Medical Assistance Consultant I 26501 RC-062 13 Medical Assistance Consultant II 26502 RC-062 16 Medical Assistance Consultant III 26503 RC-062 19 Mental Health Specialist I 26924 RC-062 12 Mental Health Specialist II 26925 RC-062 14 Mental Health Specialist III 26926 RC-062 16 Mental Health Specialist Trainee 26928 RC-062 11 Meteorologist 27120 RC-062 18 Methods and Procedures Advisor I 27131 RC-062 14 Methods and Procedures Advisor II 27132 RC-062 16 Methods and Procedures Advisor III 27133 RC-062 20 Methods and Procedures Career Associate I 27135 RC-062 11 Methods and Procedures Career Associate II 27136 RC-062 12 Methods and Procedures Career Associate Trainee 27137 RC-062 09 Metrologist Associate 27146 RC-062 15 Microbiologist I 27151 RC-062 16 Microbiologist II 27152 RC-062 19 Natural Resources Advanced Specialist 28833 RC-062 20 Natural Resources Coordinator 28831 RC-062 15 Natural Resources Specialist 28832 RC-062 18 Oral Health Consultant 30317 RC-062 18 Paralegal Assistant 30860 RC-062 14




Police Training Specialist 32990 RC-062 17 Program Integrity Auditor I 34631 RC-062 16 Program Integrity Auditor II 34632 RC-062 19 Program Integrity Auditor Trainee 34635 RC-062 12 Property Consultant 34900 RC-062 15 Property Tax Analyst I 34921 RC-062 12 Property Tax Analyst II 34922 RC-062 14 Public Aid Appeals Advisor 35750 RC-062 18 Public Aid Family Support Specialist I 35841 RC-062 17 Public Aid Investigator 35870 RC-062 19 Public Aid Investigator Trainee 35874 RC-062 14 Public Aid Lead Casework Specialist 35880 RC-062 17 Public Aid Program Quality Analyst 35890 RC-062 19 Public Aid Quality Control Reviewer 35892 RC-062 17 Public Aid Staff Development Specialist I 36071 RC-062 15 Public Aid Staff Development Specialist II 36072 RC-062 17 Public Health Educator Associate 36434 RC-062 14 Public Health Program Specialist I 36611 RC-062 14 Public Health Program Specialist II 36612 RC-062 16 Public Health Program Specialist III 36613 RC-062 19 Public Health Program Specialist Trainee 36615 RC-062 12 Public Information Officer I 37001 RC-062 12 Public Information Officer II 37002 RC-062 14 Public Information Officer III 37003 RC-062 19 Public Information Officer IV 37004 RC-062 21 Public Safety Inspector 37007 RC-062 16 Public Safety Inspector Trainee 37010 RC-062 10 Railroad Safety Specialist I 37601 RC-062 19 Railroad Safety Specialist II 37602 RC-062 21 Railroad Safety Specialist III 37603 RC-062 23 Railroad Safety Specialist IV 37604 RC-062 25 Real Estate Investigator 37730 RC-062 19 Real Estate Professions Examiner 37760 RC-062 22 Recreation Worker I 38001 RC-062 12 Recreation Worker II 38002 RC-062 14 Rehabilitation Counselor 38145 RC-062 17 Rehabilitation Counselor Senior 38158 RC-062 19 Rehabilitation Counselor Trainee 38159 RC-062 15 Rehabilitation Services Advisor I 38176 RC-062 20 Rehabilitation Workshop Supervisor I 38194 RC-062 12




Rehabilitation Workshop Supervisor II 38195 RC-062 14 Reimbursement Officer I 38199 RC-062 14 Reimbursement Officer II 38200 RC-062 16 Research Economist I 38207 RC-062 18 Research Scientist I 38231 RC-062 13 Research Scientist II 38232 RC-062 16 Research Scientist III 38233 RC-062 20 Resource Planner I 38281 RC-062 17 Resource Planner II 38282 RC-062 19 Resource Planner III 38283 RC-062 22 Retirement System Disability Specialist 38310 RC-062 19 Revenue Auditor I (IL) 38371 RC-062 16 Revenue Auditor I (states other than IL, CA or NJ) 38371 RC-062 19 Revenue Auditor I (CA or NJ) 38371 RC-062 21 Revenue Auditor II (IL) 38372 RC-062 19 Revenue Auditor II (states other than IL, CA or NJ) 38372 RC-062 22 Revenue Auditor II (CA or NJ) 38372 RC-062 24 Revenue Auditor III (IL) 38373 RC-062 22 Revenue Auditor III (states other than IL, CA or NJ) 38373 RC-062 24 Revenue Auditor III (CA or NJ) 38373 RC-062 26 Revenue Auditor Trainee (IL) 38375 RC-062 12 Revenue Auditor Trainee (states other than IL, CA or NJ) 38375 RC-062 13 Revenue Auditor Trainee (CA or NJ) 38375 RC-062 15 Revenue Collection Officer I 38401 RC-062 15 Revenue Collection Officer II 38402 RC-062 17 Revenue Collection Officer III 38403 RC-062 19 Revenue Collection Officer Trainee 38405 RC-062 12 Revenue Computer Audit Specialist (IL) 38425 RC-062 23 Revenue Computer Audit Specialist (states other than IL,

CA or NJ) 38425 RC-062 25

Revenue Computer Audit Specialist (CA or NJ) 38425 RC-062 27 Revenue Senior Special Agent 38557 RC-062 23 Revenue Special Agent 38558 RC-062 19 Revenue Special Agent Trainee 38565 RC-062 14 Revenue Tax Specialist I 38571 RC-062 12 Revenue Tax Specialist II 38572 RC-062 14 Revenue Tax Specialist III 38573 RC-062 17 Revenue Tax Specialist Trainee 38575 RC-062 10 Site Assistant Superintendent I 41071 RC-062 15 Site Assistant Superintendent II 41072 RC-062 17




Site Interpretive Coordinator 41093 RC-062 13 Site Services Specialist I 41117 RC-062 15 Site Services Specialist II 41118 RC-062 17 Social Service Consultant I 41301 RC-062 18 Social Service Consultant II 41302 RC-062 19 Social Service Program Planner I 41311 RC-062 15 Social Service Program Planner II 41312 RC-062 17 Social Service Program Planner III 41313 RC-062 20 Social Service Program Planner IV 41314 RC-062 22 Social Services Career Trainee 41320 RC-062 12 Social Worker I 41411 RC-062 16 Staff Development Specialist I 41771 RC-062 18 Staff Development Technician I 41781 RC-062 12 State Mine Inspector 42230 RC-062 19 State Police Field Specialist I 42001 RC-062 18 State Police Field Specialist II 42002 RC-062 20 Statistical Research Specialist I 42741 RC-062 12 Statistical Research Specialist II 42742 RC-062 14 Statistical Research Specialist III 42743 RC-062 17 Storage Tank Safety Specialist 43005 RC-062 18 Telecommunications Specialist 45295 RC-062 15 Telecommunications Systems Analyst 45308 RC-062 17 Telecommunications Systems Technician I 45312 RC-062 10 Telecommunications Systems Technician II 45313 RC-062 13 Terrorism Research Specialist I 45371 RC-062 18 Terrorism Research Specialist II 45372 RC-062 20 Terrorism Research Specialist III 45373 RC-062 22 Terrorism Research Specialist Trainee 45375 RC-062 14 Unemployment Insurance Adjudicator I 47001 RC-062 11 Unemployment Insurance Adjudicator II 47002 RC-062 13 Unemployment Insurance Adjudicator III 47003 RC-062 15 Unemployment Insurance Revenue Analyst I 47081 RC-062 15 Unemployment Insurance Revenue Analyst II 47082 RC-062 17 Unemployment Insurance Revenue Specialist 47087 RC-062 13 Unemployment Insurance Special Agent 47096 RC-062 18 Veterans Educational Specialist I 47681 RC-062 15 Veterans Educational Specialist II 47682 RC-062 17 Veterans Educational Specialist III 47683 RC-062 21 Veterans Employment Representative I 47701 RC-062 14 Veterans Employment Representative II 47702 RC-062 16




Volunteer Services Coordinator I 48481 RC-062 13 Volunteer Services Coordinator II 48482 RC-062 16 Volunteer Services Coordinator III 48483 RC-062 18 Wage Claims Specialist 48770 RC-062 09 Weatherization Specialist I 49101 RC-062 14 Weatherization Specialist II 49102 RC-062 17 Weatherization Specialist III 49103 RC-062 20 Weatherization Specialist Trainee 49105 RC-062 12 Workers Compensation Insurance Compliance Investigator 49640 RC-062 20 NOTE: For the Revenue Auditor I, II and III and Revenue Auditor Trainee position

classification titles only – The pay grade assigned to the employee is based on the location of the position and the residence held by the employee. In the same position classification, the employee holding a position and residence outside the boundaries of the State of Illinois is assigned to a different pay grade than the pay grade assigned to the employee holding a position within the boundaries of the State of Illinois. The pay grade assigned to the employee holding a position located within the boundaries of the State of Illinois is the pay grade with the (IL) indication next to the position classification. The pay grade assigned to the employee holding the position located outside the boundaries of the State of Illinois is determined by the location of the employee's residence (e.g., IL, CA or NJ or a state other than IL, CA or NJ). If the employee's residence moves to another state while the employee is in the same position located outside the boundaries of the State of Illinois, or moves into another position located outside the boundaries of the State of Illinois in the same position classification, the base salary may change depending on the location of the employee's new residence. If the employee remains in the position located outside the boundaries of the State of Illinois and moves residence from or into the boundaries of the State of Illinois, the base salary will change. In all cases, change in base salary shall be on a step for step basis (e.g., if the original base salary was on Step 5 in one pay grade, the new base salary will also be on Step 5 of the newly appropriate pay grade).


Bargaining Unit: RC-062

S T E P S Pay Grade

Pay Plan Code 1c 1b 1a 1 2 3 4 5 6 7 8

09 B 2384 2443 2503 2565 2645 2730 2814 2904 2990 3131 3224 09 Q 2480 2540 2603 2669 2751 2841 2928 3023 3114 3262 3361




09 S 2537 2599 2660 2725 2809 2898 2988 3084 3174 3325 3424

10 B 2461 2521 2584 2648 2745 2826 2920 3012 3105 3263 3362 10 Q 2559 2621 2686 2755 2854 2942 3041 3137 3235 3407 3507 10 S 2615 2679 2744 2812 2912 3001 3100 3196 3299 3471 3575

11 B 2549 2612 2679 2746 2839 2931 3036 3137 3234 3405 3508 11 Q 2651 2717 2785 2855 2957 3054 3163 3269 3373 3555 3661 11 S 2710 2775 2843 2913 3017 3113 3223 3331 3438 3618 3728

12 B 2649 2715 2783 2855 2960 3058 3172 3276 3397 3579 3686 12 Q 2756 2824 2896 2973 3083 3185 3308 3420 3545 3738 3850 12 S 2814 2882 2955 3031 3143 3247 3371 3484 3611 3805 3919

12H B 16.30 16.71 17.13 17.57 18.22 18.82 19.52 20.16 20.90 22.02 22.6812H Q 16.96 17.38 17.82 18.30 18.97 19.60 20.36 21.05 21.82 23.00 23.6912H S 17.32 17.74 18.18 18.65 19.34 19.98 20.74 21.44 22.22 23.42 24.12

13 B 2746 2815 2887 2963 3072 3189 3309 3430 3558 3755 3869 13 Q 2855 2930 3006 3086 3200 3326 3455 3581 3713 3925 4043 13 S 2913 2989 3066 3146 3261 3389 3521 3646 3781 3992 4112

14 B 2857 2931 3011 3090 3208 3333 3478 3606 3743 3960 4079 14 Q 2975 3054 3136 3220 3345 3480 3632 3768 3912 4140 4264 14 S 3033 3113 3195 3282 3411 3544 3698 3834 3979 4205 4331

14H B 17.58 18.04 18.53 19.02 19.74 20.51 21.40 22.19 23.03 24.37 25.1014H Q 18.31 18.79 19.30 19.82 20.58 21.42 22.35 23.19 24.07 25.48 26.2414H S 18.66 19.16 19.66 20.20 20.99 21.81 22.76 23.59 24.49 25.88 26.65

15 B 2967 3046 3128 3213 3354 3493 3630 3778 3918 4153 4279 15 Q 3091 3173 3260 3351 3500 3646 3792 3950 4095 4340 4470 15 S 3151 3232 3323 3415 3565 3709 3860 4016 4160 4407 4538

16 B 3099 3183 3269 3363 3514 3669 3822 3982 4141 4385 4517 16 Q 3228 3318 3413 3511 3669 3835 3995 4159 4327 4584 4722 16 S 3292 3383 3477 3577 3736 3903 4064 4227 4395 4648 4790




17 B 3237 3328 3424 3524 3686 3856 4020 4182 4352 4611 4749 17 Q 3377 3474 3575 3677 3853 4030 4199 4370 4548 4819 4965 17 S 3440 3539 3640 3744 3921 4099 4268 4438 4614 4888 5035

18 B 3402 3500 3601 3708 3887 4069 4253 4427 4604 4879 5026 18 Q 3551 3653 3762 3875 4066 4252 4447 4629 4812 5100 5252 18 S 3615 3717 3830 3940 4131 4320 4512 4695 4881 5165 5321

19 B 3580 3684 3793 3909 4108 4302 4502 4691 4886 5183 5338 19 J 3580 3684 3793 3909 4108 4302 4502 4691 4886 5183 5338 19 Q 3739 3850 3966 4084 4293 4493 4706 4902 5108 5416 5578 19 S 3806 3919 4035 4152 4361 4562 4772 4970 5176 5483 5647

20 B 3781 3895 4011 4130 4339 4540 4756 4963 5168 5482 5646 20 Q 3953 4071 4191 4316 4534 4747 4971 5185 5401 5731 5903 20 S 4018 4138 4258 4384 4600 4812 5038 5252 5467 5795 5971

21 B 3991 4112 4235 4360 4585 4806 5031 5260 5479 5821 5996 21 U 3991 4112 4235 4360 4585 4806 5031 5260 5479 5821 5996 21 Q 4172 4298 4424 4557 4793 5021 5258 5497 5727 6083 6267 21 S 4239 4364 4491 4626 4857 5089 5326 5564 5792 6150 6335

22 B 4218 4346 4477 4610 4850 5087 5328 5574 5806 6167 6352 22 Q 4409 4542 4678 4817 5069 5319 5567 5825 6069 6445 6639 22 S 4476 4608 4746 4886 5134 5385 5632 5892 6138 6514 6707

23 B 4477 4610 4748 4889 5149 5413 5670 5932 6189 6578 6775 23 Q 4678 4817 4962 5113 5383 5659 5925 6199 6468 6873 7079 23 S 4746 4886 5031 5179 5449 5725 5992 6265 6534 6940 7149

24 B 4763 4906 5052 5204 5481 5768 6045 6324 6610 7024 7235 24 J 4763 4906 5052 5204 5481 5768 6045 6324 6610 7024 7235 24 Q 4977 5126 5281 5441 5730 6028 6318 6608 6907 7342 7562 24 S 5045 5193 5348 5507 5794 6093 6384 6676 6975 7408 7629

25 B 5077 5229 5386 5548 5850 6159 6466 6774 7081 7537 7763 25 J 5077 5229 5386 5548 5850 6159 6466 6774 7081 7537 7763 25 Q 5305 5464 5627 5795 6115 6435 6758 7080 7402 7875 8112




25 S 5375 5530 5697 5864 6182 6501 6824 7146 7466 7943 8181

26 B 5365 5526 5693 5920 6244 6574 6908 7230 7555 8043 8284 26 U 5365 5526 5693 5920 6244 6574 6908 7230 7555 8043 8284

27 B 5671 5841 6017 6319 6662 7014 7371 7715 8061 8583 8839 27 U 5671 5841 6017 6319 6662 7014 7371 7715 8061 8583 8839


S T E P S Pay Grade

Pay Plan Code 1c 1b 1a 1 2 3 4 5 6 7 8

09 B 2408 2467 2528 2591 2671 2757 2842 2933 3020 3162 3256 09 Q 2505 2565 2629 2696 2779 2869 2957 3053 3145 3295 3395 09 S 2562 2625 2687 2752 2837 2927 3018 3115 3206 3358 3458

10 B 2486 2546 2610 2674 2772 2854 2949 3042 3136 3296 3396 10 Q 2585 2647 2713 2783 2883 2971 3071 3168 3267 3441 3542 10 S 2641 2706 2771 2840 2941 3031 3131 3228 3332 3506 3611

11 B 2574 2638 2706 2773 2867 2960 3066 3168 3266 3439 3543 11 Q 2678 2744 2813 2884 2987 3085 3195 3302 3407 3591 3698 11 S 2737 2803 2871 2942 3047 3144 3255 3364 3472 3654 3765

12 B 2675 2742 2811 2884 2990 3089 3204 3309 3431 3615 3723 12 Q 2784 2852 2925 3003 3114 3217 3341 3454 3580 3775 3889 12 S 2842 2911 2985 3061 3174 3279 3405 3519 3647 3843 3958

12H B 16.46 16.87 17.30 17.75 18.40 19.01 19.72 20.36 21.11 22.25 22.9112H Q 17.13 17.55 18.00 18.48 19.16 19.80 20.56 21.26 22.03 23.23 23.9312H S 17.49 17.91 18.37 18.84 19.53 20.18 20.95 21.66 22.44 23.65 24.36

13 B 2773 2843 2916 2993 3103 3221 3342 3464 3594 3793 3908 13 Q 2884 2959 3036 3117 3232 3359 3490 3617 3750 3964 4083 13 S 2942 3019 3097 3177 3294 3423 3556 3682 3819 4032 4153




14 B 2886 2960 3041 3121 3240 3366 3513 3642 3780 4000 4120 14 Q 3005 3085 3167 3252 3378 3515 3668 3806 3951 4181 4307 14 S 3063 3144 3227 3315 3445 3579 3735 3872 4019 4247 4374

14H B 17.76 18.22 18.71 19.21 19.94 20.71 21.62 22.41 23.26 24.62 25.3514H Q 18.49 18.98 19.49 20.01 20.79 21.63 22.57 23.42 24.31 25.73 26.5014H S 18.85 19.35 19.86 20.40 21.20 22.02 22.98 23.83 24.73 26.14 26.92

15 B 2997 3076 3159 3245 3388 3528 3666 3816 3957 4195 4322 15 Q 3122 3205 3293 3385 3535 3682 3830 3990 4136 4383 4515 15 S 3183 3264 3356 3449 3601 3746 3899 4056 4202 4451 4583

16 B 3130 3215 3302 3397 3549 3706 3860 4022 4182 4429 4562 16 Q 3260 3351 3447 3546 3706 3873 4035 4201 4370 4630 4769 16 S 3325 3417 3512 3613 3773 3942 4105 4269 4439 4694 4838

17 B 3269 3361 3458 3559 3723 3895 4060 4224 4396 4657 4796 17 Q 3411 3509 3611 3714 3892 4070 4241 4414 4593 4867 5015 17 S 3474 3574 3676 3781 3960 4140 4311 4482 4660 4937 5085

18 B 3436 3535 3637 3745 3926 4110 4296 4471 4650 4928 5076 18 Q 3587 3690 3800 3914 4107 4295 4491 4675 4860 5151 5305 18 S 3651 3754 3868 3979 4172 4363 4557 4742 4930 5217 5374

19 B 3616 3721 3831 3948 4149 4345 4547 4738 4935 5235 5391 19 J 3616 3721 3831 3948 4149 4345 4547 4738 4935 5235 5391 19 Q 3776 3889 4006 4125 4336 4538 4753 4951 5159 5470 5634 19 S 3844 3958 4075 4194 4405 4608 4820 5020 5228 5538 5703

20 B 3819 3934 4051 4171 4382 4585 4804 5013 5220 5537 5702 20 Q 3993 4112 4233 4359 4579 4794 5021 5237 5455 5788 5962 20 S 4058 4179 4301 4428 4646 4860 5088 5305 5522 5853 6031

21 B 4031 4153 4277 4404 4631 4854 5081 5313 5534 5879 6056 21 U 4031 4153 4277 4404 4631 4854 5081 5313 5534 5879 6056 21 Q 4214 4341 4468 4603 4841 5071 5311 5552 5784 6144 6330 21 S 4281 4408 4536 4672 4906 5140 5379 5620 5850 6212 6398




22 B 4260 4389 4522 4656 4899 5138 5381 5630 5864 6229 6416 22 Q 4453 4587 4725 4865 5120 5372 5623 5883 6130 6509 6705 22 S 4521 4654 4793 4935 5185 5439 5688 5951 6199 6579 6774

23 B 4522 4656 4795 4938 5200 5467 5727 5991 6251 6644 6843 23 Q 4725 4865 5012 5164 5437 5716 5984 6261 6533 6942 7150 23 S 4793 4935 5081 5231 5503 5782 6052 6328 6599 7009 7220

24 B 4811 4955 5103 5256 5536 5826 6105 6387 6676 7094 7307 24 J 4811 4955 5103 5256 5536 5826 6105 6387 6676 7094 7307 24 Q 5027 5177 5334 5495 5787 6088 6381 6674 6976 7415 7638 24 S 5095 5245 5401 5562 5852 6154 6448 6743 7045 7482 7705

25 B 5128 5281 5440 5603 5909 6221 6531 6842 7152 7612 7841 25 J 5128 5281 5440 5603 5909 6221 6531 6842 7152 7612 7841 25 Q 5358 5519 5683 5853 6176 6499 6826 7151 7476 7954 8193 25 S 5429 5585 5754 5923 6244 6566 6892 7217 7541 8022 8263

26 B 5419 5581 5750 5979 6306 6640 6977 7302 7631 8123 8367 26 U 5419 5581 5750 5979 6306 6640 6977 7302 7631 8123 8367

27 B 5728 5899 6077 6382 6729 7084 7445 7792 8142 8669 8927 27 U 5728 5899 6077 6382 6729 7084 7445 7792 8142 8669 8927





Section 310.APPENDIX A Negotiated Rates of Pay Section 310.TABLE X RC-063 (Professional Employees, AFSCME)

Title Title Code Bargaining Unit Pay Grade Architect 01440 RC-063 22 Chaplain I 06901 RC-063 16 Chaplain II 06902 RC-063 19 Child Welfare Administrative Case

Reviewer 07190 RC-063 22

Child Welfare Advanced Specialist 07215 RC-063 19 Child Welfare Court Facilitator 07196 RC-063 22 Child Welfare Senior Specialist 07217 RC-063 22 Child Welfare Specialist 07218 RC-063 18 Child Welfare Supervisor 07230 RC-063 22 Civil Engineer I 07601 RC-063 15 Civil Engineer II 07602 RC-063 17 Civil Engineer III 07603 RC-063 19 Civil Engineer IV 07604 RC-063 22 Clinical Pharmacist 08235 RC-063 25 Clinical Psychologist 08250 RC-063 23 Day Care Licensing Representative II 11472 RC-063 18 Dentist I 11751 RC-063 23 Dentist II 11752 RC-063 26 Environmental Engineer I 13751 RC-063 15 Environmental Engineer II 13752 RC-063 17 Environmental Engineer III 13753 RC-063 19 Environmental Engineer IV 13754 RC-063 22 Environmental Protection Engineer I 13791 RC-063 15 Environmental Protection Engineer II 13792 RC-063 17 Environmental Protection Engineer III 13793 RC-063 19 Environmental Protection Engineer IV 13794 RC-063 22 Environmental Protection Geologist I 13801 RC-063 14 Environmental Protection Geologist II 13802 RC-063 16 Environmental Protection Geologist III 13803 RC-063 18 Geographic Information Specialist I 17271 RC-063 19 Geographic Information Specialist II 17272 RC-063 23 Geographic Information Trainee 17276 RC-063 15 Graduate Pharmacist 17345 RC-063 20 Hearing and Speech Advanced Specialist 18227 RC-063 22




Hearing and Speech Associate 18231 RC-063 18 Hearing and Speech Specialist 18233 RC-063 20 Information Services Intern 21160 RC-063 15 Information Services Specialist I 21161 RC-063 17 Information Services Specialist II 21162 RC-063 19 Information Systems Analyst I 21165 RC-063 21 Information Systems Analyst II 21166 RC-063 23 Information Systems Analyst III 21167 RC-063 25 Laboratory Research Scientist 23025 RC-063 23 Landscape Architect 23145 RC-063 22 Landscape Planner 23150 RC-063 19 Librarian I 23401 RC-063 16 Management Systems Specialist 25583 RC-063 21 Mechanical Engineer I 26201 RC-063 15 Mechanical Engineer II 26202 RC-063 17 Mechanical Engineer III 26203 RC-063 19 Nutritionist 29820 RC-063 18 Occupational Therapist 29900 RC-063 17 Occupational Therapist Program

Coordinator 29908 RC-063 19

Optometrist 30300 RC-063 14 Pharmacy Services Coordinator 32010 RC-063 25 Physical Therapist 32145 RC-063 17 Physical Therapist Program Coordinator 32153 RC-063 19 Podiatrist 32960 RC-063 14 Project Designer 34725 RC-063 19 Psychologist I 35611 RC-063 17 Psychologist II 35612 RC-063 20 Psychologist III 35613 RC-063 22 Psychologist Associate 35626 RC-063 15 Public Health Educator 36430 RC-063 19 Rehabilitation/Mobility Instructor 38163 RC-063 19 Rehabilitation/Mobility Instructor Trainee 38167 RC-063 15 School Psychologist 39200 RC-063 18 Social Worker II 41412 RC-063 18 Social Worker III 41413 RC-063 19 Social Worker IV 41414 RC-063 21 Staff Pharmacist 41787 RC-063 24 Veterinarian I 47901 RC-063 18 Veterinarian II 47902 RC-063 20




Veterinarian III 47903 RC-063 21 Vision/Hearing Consultant I 47941 RC-063 16 Vision/Hearing Consultant II 47942 RC-063 20 Vision/Hearing Consultant III 47943 RC-063 21

Effective July 1, 2006 Bargaining Unit: RC-063

S T E P S

Pay Grade

Pay Plan Code 1c 1b 1a 1 2 3 4 5 6 7 8

14 B 2857 2931 3011 3090 3208 3333 3478 3606 3743 3960 4079 14 Q 2975 3054 3136 3220 3345 3480 3632 3768 3912 4140 4264 14 S 3033 3113 3195 3282 3411 3544 3698 3834 3979 4205 4331

15 B 2967 3046 3128 3213 3354 3493 3630 3778 3918 4153 4279 15 Q 3091 3173 3260 3351 3500 3646 3792 3950 4095 4340 4470 15 S 3151 3232 3323 3415 3565 3709 3860 4016 4160 4407 4538

16 B 3099 3183 3269 3363 3514 3669 3822 3982 4141 4385 4517 16 Q 3228 3318 3413 3511 3669 3835 3995 4159 4327 4584 4722 16 S 3292 3383 3477 3577 3736 3903 4064 4227 4395 4648 4790

17 B 3237 3328 3424 3524 3686 3856 4020 4182 4352 4611 4749 17 Q 3377 3474 3575 3677 3853 4030 4199 4370 4548 4819 4965 17 S 3440 3539 3640 3744 3921 4099 4268 4438 4614 4888 5035

18 B 3402 3500 3601 3708 3887 4069 4253 4427 4604 4879 5026 18 Q 3551 3653 3762 3875 4066 4252 4447 4629 4812 5100 5252 18 S 3615 3717 3830 3940 4131 4320 4512 4695 4881 5165 5321

19 B 3580 3684 3793 3909 4108 4302 4502 4691 4886 5183 5338 19 Q 3739 3850 3966 4084 4293 4493 4706 4902 5108 5416 5578 19 S 3806 3919 4035 4152 4361 4562 4772 4970 5176 5483 5647

20 B 3781 3895 4011 4130 4339 4540 4756 4963 5168 5482 5646 20 Q 3953 4071 4191 4316 4534 4747 4971 5185 5401 5731 5903




20 S 4018 4138 4258 4384 4600 4812 5038 5252 5467 5795 5971

21 B 3991 4112 4235 4360 4585 4806 5031 5260 5479 5821 5996 21 Q 4172 4298 4424 4557 4793 5021 5258 5497 5727 6083 6267 21 S 4239 4364 4491 4626 4857 5089 5326 5564 5792 6150 6335

22 B 4218 4346 4477 4610 4850 5087 5328 5574 5806 6167 6352 22 Q 4409 4542 4678 4817 5069 5319 5567 5825 6069 6445 6639 22 S 4476 4608 4746 4886 5134 5385 5632 5892 6138 6514 6707

23 B 4477 4610 4748 4889 5149 5413 5670 5932 6189 6578 6775 23 Q 4678 4817 4962 5113 5383 5659 5925 6199 6468 6873 7079 23 S 4746 4886 5031 5179 5449 5725 5992 6265 6534 6940 7149

24 B 4763 4906 5052 5204 5481 5768 6045 6324 6610 7024 7235 24 Q 4977 5126 5281 5441 5730 6028 6318 6608 6907 7342 7562 24 S 5045 5193 5348 5507 5794 6093 6384 6676 6975 7408 7629

25 B 5077 5229 5386 5548 5850 6159 6466 6774 7081 7537 7763 25 Q 5305 5464 5627 5795 6115 6435 6758 7080 7402 7875 8112 25 S 5375 5530 5697 5864 6182 6501 6824 7146 7466 7943 8181

26 B 5365 5526 5693 5920 6244 6574 6908 7230 7555 8043 8284 26 Q 5620 5789 5963 6204 6542 6887 7237 7574 7913 8426 8679 26 S 5674 5844 6020 6263 6604 6954 7306 7646 7990 8508 8763


S T E P S

Pay Grade

Pay Plan Code 1c 1b 1a 1 2 3 4 5 6 7 8

14 B 2886 2960 3041 3121 3240 3366 3513 3642 3780 4000 4120 14 Q 3005 3085 3167 3252 3378 3515 3668 3806 3951 4181 4307 14 S 3063 3144 3227 3315 3445 3579 3735 3872 4019 4247 4374




15 B 2997 3076 3159 3245 3388 3528 3666 3816 3957 4195 4322 15 Q 3122 3205 3293 3385 3535 3682 3830 3990 4136 4383 4515 15 S 3183 3264 3356 3449 3601 3746 3899 4056 4202 4451 4583

16 B 3130 3215 3302 3397 3549 3706 3860 4022 4182 4429 4562 16 Q 3260 3351 3447 3546 3706 3873 4035 4201 4370 4630 4769 16 S 3325 3417 3512 3613 3773 3942 4105 4269 4439 4694 4838

17 B 3269 3361 3458 3559 3723 3895 4060 4224 4396 4657 4796 17 Q 3411 3509 3611 3714 3892 4070 4241 4414 4593 4867 5015 17 S 3474 3574 3676 3781 3960 4140 4311 4482 4660 4937 5085

18 B 3436 3535 3637 3745 3926 4110 4296 4471 4650 4928 5076 18 Q 3587 3690 3800 3914 4107 4295 4491 4675 4860 5151 5305 18 S 3651 3754 3868 3979 4172 4363 4557 4742 4930 5217 5374

19 B 3616 3721 3831 3948 4149 4345 4547 4738 4935 5235 5391 19 Q 3776 3889 4006 4125 4336 4538 4753 4951 5159 5470 5634 19 S 3844 3958 4075 4194 4405 4608 4820 5020 5228 5538 5703

20 B 3819 3934 4051 4171 4382 4585 4804 5013 5220 5537 5702 20 Q 3993 4112 4233 4359 4579 4794 5021 5237 5455 5788 5962 20 S 4058 4179 4301 4428 4646 4860 5088 5305 5522 5853 6031

21 B 4031 4153 4277 4404 4631 4854 5081 5313 5534 5879 6056 21 Q 4214 4341 4468 4603 4841 5071 5311 5552 5784 6144 6330 21 S 4281 4408 4536 4672 4906 5140 5379 5620 5850 6212 6398

22 B 4260 4389 4522 4656 4899 5138 5381 5630 5864 6229 6416 22 Q 4453 4587 4725 4865 5120 5372 5623 5883 6130 6509 6705 22 S 4521 4654 4793 4935 5185 5439 5688 5951 6199 6579 6774

23 B 4522 4656 4795 4938 5200 5467 5727 5991 6251 6644 6843 23 Q 4725 4865 5012 5164 5437 5716 5984 6261 6533 6942 7150 23 S 4793 4935 5081 5231 5503 5782 6052 6328 6599 7009 7220

24 B 4811 4955 5103 5256 5536 5826 6105 6387 6676 7094 7307




24 Q 5027 5177 5334 5495 5787 6088 6381 6674 6976 7415 7638 24 S 5095 5245 5401 5562 5852 6154 6448 6743 7045 7482 7705

25 B 5128 5281 5440 5603 5909 6221 6531 6842 7152 7612 7841 25 Q 5358 5519 5683 5853 6176 6499 6826 7151 7476 7954 8193 25 S 5429 5585 5754 5923 6244 6566 6892 7217 7541 8022 8263

26 B 5419 5581 5750 5979 6306 6640 6977 7302 7631 8123 8367 26 Q 5676 5847 6023 6266 6607 6956 7309 7650 7992 8510 8766 26 S 5731 5902 6080 6326 6670 7024 7379 7722 8070 8593 8851





Section 310.APPENDIX B Schedule of Salary Grade Pay Grades – Monthly Rates of Pay

Title Title Code

Pay Grade

Account Technician Trainee 00118 7 Animal and Animal Products Investigator Trainee 01075 12 Appraisal Specialist Trainee 01255 12 Arson Investigations Trainee 01485 14 Building/Grounds Supervisor 05605 16 Commerce Commission Police Officer Trainee 08455 13 Conservation Police Officer Trainee 09345 14 Construction Supervisor I 09561 13 Construction Supervisor II 09562 16 Data Processing Supervisor I 11435 11 Economic Development Representative Trainee 12939 13 Educational Media Program Specialist 12980 17 Equine Investigator 13840 12 Fingerprint Technician Trainee 15209 8 Fire Certification Specialist 15285 17 Fire Protection Specialist I 15351 16 Governmental Career Trainee 17325 12 Historical Research Specialist 19008 20 Human Resources Assistant 19690 8 Human Resources Associate 19691 11 Inhalation Therapy Supervisor 21260 10 Insurance Company Claims Examiner I 21601 17 Internal Auditor Trainee 21726 12 Liability Claims Adjuster Trainee 23375 12 Lottery Commodities Distributor II 24402 12 Management Operations Analyst Trainee 25545 14 Mental Health Administrator Trainee 26817 15 Mine Rescue Station Assistant 28150 10 Office Administrator I 29991 7 Office Administrator II 29992 9 Office Administrator III 29993 11 Pension and Death Benefits Technician I 30961 13




Pension and Death Benefits Technician II 30962 16 Physician Assistant 32210 22 Police Officer Trainee 32985 9 Polygraph Examiner Trainee 33005 14 Products and Standards Inspector Trainee 34605 12 Property and Supply Clerk III 34793 7 Property Tax Examiner Trainee 34936 6 Psychology Intern 35660 5 Registered Nurse − Advanced Practice 38135 22 Reproduction Service Technician III 38205 11 Research Fellow, Option B 38211 18 Seed Analyst Trainee 39953 10 Social Service Aide Trainee 41285 4 Social Worker Intern 41430 5 Switchboard Operator III 44413 8 Telecommunications Systems Technician Trainee 45314 8

Effective December 2, 2005

S T E P S Pay

Grade Pay Plan

Code 1c 1b 1a 1 2 3 4 5 6 7 8 1 7 1730 1772 1816 1861 1908 1952 1999 2053 2099 2182 22261 8 1772 1816 1861 1907 1956 2001 2050 2105 2153 2238 22831 9 1825 1870 1915 1960 2010 2055 2103 2159 2206 2291 2337 2 7 1773 1817 1862 1908 1952 1999 2055 2105 2155 2239 22842 8 1817 1862 1908 1956 2001 2050 2107 2159 2210 2297 23432 9 1871 1916 1961 2010 2055 2103 2161 2212 2264 2350 2397 3 7 1813 1857 1904 1952 1999 2056 2108 2159 2212 2310 23563 8 1857 1904 1952 2001 2050 2108 2162 2214 2269 2370 24183 9 1912 1957 2005 2055 2103 2162 2215 2268 2322 2423 2472 4 7 1855 1902 1950 1999 2056 2112 2163 2227 2278 2380 24274 8 1902 1950 1999 2050 2108 2166 2218 2284 2337 2442 2491




4 9 1955 2003 2053 2103 2162 2219 2272 2338 2390 2495 2545 5 7 1908 1956 2005 2056 2114 2175 2234 2290 2348 2452 24985 8 1956 2005 2056 2108 2168 2231 2291 2349 2410 2514 25645 9 2010 2059 2109 2162 2221 2284 2345 2403 2463 2567 2618 6 7 1961 2011 2062 2114 2176 2236 2303 2364 2430 2538 25896 8 2011 2062 2114 2168 2232 2294 2362 2425 2494 2501 26566 9 2064 2116 2168 2221 2285 2347 2416 2479 2548 2658 2711 7 7 2018 2069 2122 2176 2239 2308 2375 2443 2514 2631 26847 8 2069 2122 2176 2232 2297 2368 2438 2506 2580 2701 27557 9 2123 2175 2230 2285 2350 2421 2491 2560 2633 2754 2809 8 7 2076 2129 2183 2239 2313 2385 2464 2532 2608 2731 27868 8 2129 2183 2239 2297 2373 2447 2528 2599 2677 2804 28608 9 2182 2237 2292 2350 2426 2500 2582 2653 2731 2857 2914 9 7 2143 2199 2255 2313 2388 2469 2547 2630 2709 2836 28939 8 2199 2255 2313 2373 2450 2533 2614 2700 2781 2913 29719 9 2252 2309 2367 2426 2503 2588 2668 2753 2835 2968 3027

10 7 2214 2271 2331 2391 2481 2559 2645 2728 2814 2957 301610 8 2271 2331 2391 2453 2547 2627 2714 2801 2889 3041 310110 9 2324 2384 2445 2506 2600 2680 2768 2854 2945 3099 3162

11 7 2298 2358 2419 2482 2572 2656 2751 2842 2930 3085 314611 8 2358 2419 2482 2548 2640 2727 2824 2919 3012 3174 323811 9 2412 2473 2536 2601 2694 2780 2878 2974 3070 3231 3296

12 7 2392 2454 2519 2585 2681 2771 2874 2968 3077 3243 330712 8 2454 2519 2585 2654 2752 2844 2954 3053 3166 3337 340412 9 2508 2572 2638 2707 2806 2898 3010 3111 3224 3397 3464

13 7 2482 2548 2616 2684 2783 2889 2998 3108 3223 3403 3470




13 8 2548 2616 2684 2755 2857 2969 3085 3197 3316 3505 357413 9 2601 2669 2738 2809 2912 3026 3143 3255 3376 3565 3637

14 7 2588 2656 2727 2800 2907 3020 3152 3267 3391 3588 366014 8 2656 2727 2800 2875 2988 3108 3243 3364 3493 3696 377014 9 2709 2780 2853 2930 3045 3165 3301 3423 3552 3755 3830

15 7 2688 2760 2834 2911 3038 3164 3288 3423 3550 3763 383815 8 2760 2834 2911 2992 3125 3255 3386 3527 3656 3875 395315 9 2813 2887 2966 3049 3183 3312 3447 3585 3715 3935 4014

16 7 2808 2883 2963 3047 3184 3324 3463 3607 3751 3973 405216 8 2883 2963 3047 3136 3276 3424 3568 3714 3864 4092 417516 9 2939 3020 3105 3193 3335 3484 3628 3774 3924 4151 4234

17 7 2932 3015 3102 3192 3340 3494 3642 3789 3943 4178 426117 8 3015 3102 3192 3284 3440 3599 3750 3903 4061 4304 439017 9 3072 3160 3250 3343 3501 3660 3811 3963 4120 4364 4451

18 7 3082 3171 3262 3359 3522 3686 3853 4011 4172 4421 450918 8 3171 3262 3359 3460 3630 3797 3970 4133 4297 4553 464518 9 3228 3320 3420 3518 3689 3857 4029 4192 4358 4612 4705

19 7 3244 3338 3437 3541 3722 3897 4079 4249 4427 4695 478819 8 3338 3437 3541 3647 3833 4012 4202 4377 4561 4836 493319 9 3398 3499 3602 3707 3894 4073 4261 4438 4621 4895 4993

20 7 3425 3529 3634 3742 3931 4114 4309 4496 4681 4967 506720 8 3529 3634 3742 3854 4049 4238 4439 4630 4822 5117 521920 9 3587 3694 3802 3914 4108 4297 4498 4690 4882 5175 5279

21 7 3616 3725 3837 3950 4153 4354 4558 4766 4964 5273 537821 8 3725 3837 3950 4068 4279 4484 4695 4908 5113 5432 554021 9 3785 3897 4010 4130 4338 4544 4755 4968 5172 5491 5601




22 7 3822 3937 4056 4177 4394 4609 4827 5050 5261 5587 569822 8 3937 4056 4177 4302 4526 4748 4971 5201 5419 5755 587122 9 3997 4114 4237 4363 4584 4808 5029 5260 5480 5815 5931

23 7 4056 4177 4302 4430 4665 4904 5137 5374 5608 5959 607923 8 4177 4302 4430 4565 4806 5052 5290 5534 5775 6137 626023 9 4237 4363 4491 4624 4865 5111 5350 5594 5835 6197 6321

24 7 4315 4444 4577 4715 4966 5225 5476 5729 5988 6363 649024 8 4444 4577 4715 4858 5116 5381 5641 5901 6167 6555 668624 9 4504 4637 4775 4918 5174 5440 5700 5961 6228 6614 6746

25 7 4599 4737 4879 5025 5301 5580 5858 6137 6416 6828 696425 8 4737 4879 5025 5175 5460 5746 6034 6322 6608 7032 717325 9 4798 4938 5086 5235 5520 5805 6093 6381 6667 7092 7233



DEPARTMENT OF COMMERCE AND ECONOMIC OPPORTUNITY


1) Heading of the Part: Illinois Film Production Services Tax Credit Program

2) Code Citation: 14 Ill. Adm. Code 528 3) Section Numbers: Proposed Action:

528.10 Amendment 528.20 Amendment 528.30 Amendment 528.40 Amendment 528.50 Amendment 528.60 Amendment 528.62 New Section 528.63 New Section 528.65 New Section 528.70 Amendment 528.71 New Section 528.75 New Section 528.80 Repeal 528.85 Amendment 528.90 Repeal 528.100 Amendment 528.110 New Section 528.120 New Section

4) Statutory Authority: Implemented and authorized by the Illinois Film Production Services Tax Credit Act [35 ILCS 15]

5) A Complete Description of the Subjects and Issues Involved: This rulemaking will

amend the Department's Film Production Services Tax Credit Program by updating and making the rules consistent with current legislation.

6) Any published studies or reports, along with the sources of underlying data, that were

used when composing this rulemaking: None 7) Will this rulemaking replace any emergency rulemaking currently in effect? No 8) Does this rulemaking contain an automatic repeal date? No 9) Does this rulemaking contain incorporations by reference? Yes




10) Are there any other rulemakings pending on this Part? Yes 11) Statement of Statewide Policy Objectives: The rulemaking does not create or expand a

State Mandate as defined in Section 3(b) of the State Mandate Act [30 ILCS 805]. This rulemaking prescribes procedures and requirements for issuing an income tax credit under the Film Production Services Tax Credit Program. The objective of the Film Production Services Tax Credit Act is to provide an income tax credit to film production companies that create and retain jobs for Illinois residents during the filming of television, commercial or movie productions in Illinois.

12) Time, Place and Manner in which interested persons may comment on this proposed

rulemaking: Jolene Clarke Department of Commerce and Economic Opportunity 620 E. Adams Street Springfield, Illinois 62701 Phone: 217/557-1820 Fax: 217-782-0038 e-mail: [email protected] 13) Initial Regulatory Flexibility Analysis:

A) Types of small businesses and small municipalities affected: This rulemaking is not expected to affect small municipalities. These amendments will affect all small businesses to the extent that, if they apply for a film tax credit, they will utilize these rules.

B) Reporting, bookkeeping or other procedures required for compliance: Please

closely review all provisions/Sections in this Part.

C) Types of professional skills necessary for compliance: Administrative, clerical and bookkeeping/accounting.

14) Regulatory Agenda on which this rulemaking was summarized: This rulemaking was not

included on either of the two most recent agendas because the Department did not anticipate the change in legislation.

The full text of the Proposed Amendments begins on the next page:




TITLE 14: COMMERCE CHAPTER I: DEPARTMENT OF COMMERCE AND ECONOMIC OPPORTUNITY

PART 528

ILLINOIS FILM PRODUCTION SERVICES TAX CREDIT PROGRAM Section 528.10 Purpose 528.20 Definitions 528.30 Eligibility Determination 528.40 Form of Application Process and Requirements 528.50 Evaluation of ApplicationApplications 528.60 Approval/Denial of Applications 528.62 Economic Impact Data 528.63 Diversity Impact Data 528.65 Accredited Production Certification 528.70 Request for Tax Credit CertificateAmount and Duration of Credit 528.71 Approval/Denial of Tax Credit Certificate Request 528.75 Amount and Duration of Tax Credit 528.80 Interim and Final Film Tax Credit Certifications (Repealed) 528.85 Transfer of Tax Credit 528.90 Non-Compliance Provisions (Repealed) 528.100 Books and Records 528.110 Data for Reports to the General Assembly 528.120 Confidentiality of Documents and Data AUTHORITY: Implemented and authorized by the Film Production Services Tax Credit Act [35 ILCS 15]. SOURCE: Adopted by emergency rulemaking at 28 Ill. Reg. 957, effective December 26, 2003; emergency expired May 23, 2004; adopted at 28 Ill. Reg. 14506, effective October 22, 2004; amended at 30 Ill. Reg. ______, effective ____________. Section 528.10 Purpose The Department shall make film tax creditFilm Tax Credit awards under the Film Production Services Tax Credit Act for the purpose of preserving and expanding the existing human infrastructure for the motion picture industry in Illinois, and to promote and encourage the training and hiring of Illinois residents who represent the diversity of the Illinois population through the creation and implementation of training, education and recruitment programs




organized in cooperation with Illinois colleges, universities, labor organizations and the motion picture industry. (Section 5 of the Act) Section 528.20 Definitions The following definitions are applicable to this Part:

"Accredited Production" means, for productions commencing before May 1, 2006, a film, video, commercial, or television production that has been certified by the Department in which the aggregate Illinois labor expenditures included in the cost of the production, in the period that ends 12 months after the time principal filming or taping of the production began, exceed $100,000 for productions of 30 minutes or longer, or $50,000 for productions of 29 minutes or less.less than 30 minutes, For productions commencing on or after May 1, 2006, "accredited production" means a film, video, commercial, or television production that has been certified by the Department in which the aggregate Illinois production spending included in the cost of the production exceeds $100,000 for productions of 30 minutes or longer, or $50,000 for productions of 29 minutes or less.but "Accredited production" does not include a production that:

is news, current events, or public programming, or a program that includes weather or market reports;

is a talk show;

is a production in respect of a game, questionnaire, or contest;

is a sports event or activity;

is a gala presentation or awards show;

is a finished production that solicits funds;

is a production produced by a film production company if records, as required by 18 USC 2257, are to be maintained by that film production company with respect to any performer portrayed in that single media or multimedia program; or

is a production produced primarily for industrial, corporate, or institutional purposes. (Section 10 of the Act)




"Accredited Production Certificate" means a certificate issued by the Department certifying that the production is an accredited production that meets the guidelines of the Film Production Services Tax Credit Act. (Section 10 of the Act)

"Act" means the Film Production Services Tax Credit Act [35 ILCS 15].

"Applicant" means an entitya taxpayer that is a film production company that is operating or has operated an accredited production located within the State of Illinois and that owns the copyright in the accredited production throughout the Illinois production period or has contracted directly with the owner of the copyright in the accredited production or a person acting on behalf of the owner to provide services for the accredited production, where the owner of the copyright is not an eligible production corporation. (Section 10 of the Act)

"Business Owned by a Person with a Disability" means a business concern that is at least 51% owned by one or more persons with a disability and the management and daily business operation of which are controlled by one or more of the persons with disabilities who own it. A not-for-profit agency for persons with disabilities that is exempt from taxation under Section 501 of the Internal Revenue Code of 1986 is also considered a "business owned by a person with a disability". [30 ILCS 575/2(A)(4.1)] "Commercial Domicile" means the principal place from which the trade or business of a person is directed or managed.

"Credit" or "Tax Credit" means:

For an accredited production approved by the Department on or before January 1, 2005 and commencing before May 1, 2006, the amount equal to 25% of the Illinois labor expenditure approved by the Department. For Illinois labor expenditures generated by the employment of residents of geographic areas of high poverty or high unemployment, as determined by the Department, in an accredited production approved by the Department after January 1, 2005 and commencing before May 1, 2006, the applicant shall receive an enhanced credit of 10% in addition to the 25% credit.

For an accredited production commencing on or after May 1, 2006, the amount equal to:




20% of the Illinois production spending for the taxable year; plus

15% of the Illinois labor expenditures generated by the employment of residents of geographic areas of high poverty or high unemployment, as determined by the Department. (Section 10 of the Act)

"Department" means the Illinois Department of Commerce and Economic Opportunity, formerly known as the Illinois Department of Commerce and Community Affairs.

"Director" means the Director of the Department.

"Employees of the Applicant" means any employee, agent, or contractor whose salaries, wages, or other payments are included in the cost of production.

"Diversity Data or Information" means data pertaining to gender, race, ethnicity and disability of all employees of the applicant. "Diversity Plan" means a written document through which the applicant assures the Department that minorities and females will have equal opportunities in recruitment, selection, appointment, promotion, training, and related employment areas in the accredited production. The diversity plan must also describe the manner in which the applicant plans on hiring vendors certified by the Business Enterprise Council under the Business Enterprise for Minorities, Females, and Persons with Disabilities Act [30 ILCS 575] with respect to the accredited production. The diversity plan must also detail the manner in which the applicant proposes to achieve its goals to ensure employment of protected classes to achieve a diverse workforce, rather than merely to assure nondiscrimination. "Economic Impact Data" means data pertaining to the types of jobs (production, talent and vendor) created and retained in Illinois, as well as the total amount an applicant spends in Illinois on the accredited production.

"Employee of the Applicant" or "Employee" means, for accredited productions commencing before May 1, 2006, any employee, agent, vendor, or contractor whose Illinois wages are included in the cost of the accredited production. For accredited productions commencing on or after May 1, 2006, "employee of the applicant" or "employee" shall mean only an individual who is an employee of the




applicant for purposes of employment taxes imposed under Subtitle C of the Internal Revenue Code (26 USC Subtitle C). "Entry Level Positions" means the lowest level of a hierarchy in a production, including untrained or unskilled labor working on a production, such as a production assistant. "Female" shall mean a person who is a citizen or lawful permanent resident of the United States and who is of the female gender. [30 ILCS 575/2(A)(2)] "Female Owned Business" means a business concern which is at least 51% owned by one or more females, or, in the case of a corporation, at least 51% of the stock in which is owned by one or more females; and the management and daily business operations of which are controlled by one or more of the females who own it. [30 ILCS 575/2(A)(4)].

"Film Production Company" means any individual, corporation, partnership, or any other entity, or any of its agents, or assigned agents that is engaged, directly or indirectly, in any accredited production.

"Final Film Tax Credit Certificate" means the Final Accredited Production Certificate issued by the Department to the film production company certifying that it has complied with all requirements of the Act and this Part and that it is entitled to a credit under the Act.

"Illinois Labor Expenditure" means Illinois grosssalary or wages paid to employees of the applicant for services on the accredited production. To qualify as an Illinois labor expenditure, the expenditure must be:

reasonable in the circumstances;

included in the federal income tax basis of the property. For purposes of this provision, an expenditure that is immediately expensed as an advertising cost under Treasury Regulations section 1.162-1(a) or as a qualified film, television or commercial production cost under section 181 of the Internal Revenue Code shall be treated as included in the federal income tax basis of the accredited production if the expenditure would be required to be capitalized under section 263A of the Internal Revenue Code if that section applied to the accredited production;




incurred by the applicant for services on or after January 1, 2004;

incurred for the production stages of the accredited production, from the final script stage to the end of the post-production stage;

limited to the first $25,000 of wages paid or incurred to each employee of an accredited the production commencing before May 1, 2006 and the first $100,000 of wages paid or incurred to each employee of an accredited production commencing on or after May 1, 2006; for an accredited production commencing before May 1, 2006, exclusive of Illinois gross wages and benefitsthe salary or wages paid to or incurred for the 2 highest paid employees of the accredited production;

directly attributable to the accredited production; paid in the tax year for which the applicant is claiming the credit or no later than 60 days after the end of the tax year;

paid to persons residingresident in Illinois at the time the payments were made; and

paid for services rendered in Illinois. (Section 10 of the Act)

"Illinois Production Spending" means the expenses incurred by the applicant, that are reasonable under the circumstances and directly attributable to the accredited production, including, without limitation, all of the following:

expenses to purchase, from vendors within Illinois, tangible personal property that is used in the accredited production in Illinois;

expenses to acquire services, from vendors in Illinois, for film production, editing, or processing in Illinois; and

the compensation, not to exceed $100,000 for any one employee of the applicant, for contractual or salaried employees who are Illinois residents performing services with respect to the accredited production in Illinois. [35 ILCS 15/10]




"Illinois Resident" means an individual who is domiciled in this State during the accredited production. Except in a case where the applicant has actual knowledge, as shown in its books and records, that an individual is not an Illinois resident, the possession by an individual of an driver's license or other identification issued by this State prior to the commencement of the accredited production shall be sufficient proof that the individual is an Illinois resident and the address on the license or identification shall be deemed correct.

"Interim Film Tax Credit Certificate" means the Interim Accredited Production Certificate, issued by the Department to the film production company approving the Applicant’s application, that sets forth the amount of the potential credit based on the information in the application.

"Jobs Created and Retained" shall be measured in full-time equivalent jobs. In the case of a person hired as an "extra", each person hired for each day shall be deemed a full-time equivalent job for that day, based on the film industry standard equivalency of a "hire", which is a per day, per person standard. In other words, when the film industry hires an "extra" it considers each "extra" position to be a one day job that was created to fill a particular position for a particular purpose for a particular time. "Management Position" means anyone in a supervisory or managerial position who has control over other employees who report to that individual. Management roles include, but are not limited to, coordinators, directors, managers, supervisors, masters and department heads. "Minority" shall mean a person who is a citizen or lawful resident of the United States and who is:

African American (a person having origins in any of the black racial groups in Africa);

Hispanic (a person of Spanish or Portuguese culture with origins in Mexico, South or Central America, or the Caribbean Islands, regardless of race);

Asian American (a person having origins in any of the original peoples of the Far East, Southeast, Asia, the Indian Subcontinent or the Pacific Islands); or




Native American or Alaskan Native (a person having origins in any of the original peoples of North America). [30 ILCS 575/2(A)(1)].

Minority Owned Business" means a business concern that is at least 51% owned by one or more minority persons, or in the case of a corporation, at least 51% of the stock is owned by one or more minority persons, or in the case of a corporation, at least 51% of the stock in which is owned by one or more minority persons; and the management and daily business operations of which are controlled by one or more of the minority individuals who own it. [30 ILCS 575/2(A)(3)]. "Person with a Disability" means a person who is a citizen or lawful resident of the United States and is a person qualifying as being disabled under Section 2(A)(2.1) of the Business Enterprise for Minorities, Females, and Person with Disabilities Act. [30 ILCS 575/2(A)(2.05]

"Commencement or Start of Principal Filming or Taping" means the date on which actual filming or taping of an accredited production commences. In other words, principal filming or taping begins at the culmination of preparation activity and starts with photography or taping of principal actors or action. In the case of an animated production, the commencement or start of filming or taping is the date on which begins the creation of artwork to be used in actual frames in the film. ''Production Staff and Crew" means office production staff and on-set technicians, including, but not limited to, accountants, coordinators, secretaries, camera, casting, construction, costume, electric, editing, grip, location, hair, make-up, props, swing gang, set decorating, sound, special effects, transportation, and visual effects.

"State" means the State of Illinois.

"Talent Related Positions" means any speaking, background or extra roles that appear in front of the camera. Talent refers to on screen performers holding these positions. "Tax Credit Certificate" means the tax credit certificate issued by the Department to the applicant certifying that it has complied with all statutory requirements of the Act and this Part and that it is entitled to a credit under the Act.




"Taxpayer" means any person as defined by and subject to the tax imposed by the Illinois Income Tax Act [35 ILCS 5/1501(a)(18), (a)(24)]. "Treasury Regulations" means the rules of the U.S. Internal Revenue Service published at Title 26 of the Code of Federal Regulations. "Vendor in Illinois." Expenditures for purchases of tangible personal property or services from a vendor in Illinois shall mean:

Purchases of tangible personal property for use in Illinois on an accredited production from a person who is registered under the Illinois Retailers' Occupation Tax Act (ROTA) [35 ILCS 120]. A copy of the purchase receipt showing that the purchase was made at an Illinois location and that Illinois Retailers' Occupation Tax was paid shall be sufficient proof that the purchase was made from a vendor in Illinois. For tangible personal property ordered by mail, telephone or internet, a copy of the seller's ROTA registration certificate, along with a receipt showing that Illinois Use Tax was collected by the vendor, shall be sufficient proof that the purchase was made from a vendor in Illinois. Documentation that shows that Illinois Use Tax was collected by the vendor, but either does not show an Illinois address for the sale or is not accompanied by a ROTA registration certificate, shall not be sufficient proof that the purchase was made from a vendor in Illinois. The lease or rental of real property located in Illinois for use in an accredited production, including hotels or other lodging for employees working on the accredited production. The lease or rental of an automobile (as defined in the Illinois Automobile Renting Occupation and Use Tax Act [35 ILCS 155]) for use in an accredited production on which the rentor collects the Illinois Automobile Renting Occupation and Use Tax from the rentee. The lease or rental of other tangible personal property for use in an accredited production if the owner of the property has paid Illinois Use Tax on the property. A copy of the invoice or receipt for the lease or rental showing an Illinois address for the lessor, and showing that no other state's sales tax is collected from the lessee, shall be sufficient proof that the transaction was with a vendor in Illinois.




The purchase of financial services (including insurance and the borrowing of funds) from a lender or insurer whose commercial domicile is in this State. The purchase of other services with respect to an accredited production from an Illinois resident or from a person whose commercial domicile is in this State. For purposes of this provision only, the commercial domicile of a person whose business address (as shown in the records of the applicant) is in this State.

"Vendor Related Positions" means jobs obtained or created through a subcontractor, which includes but is not limited to security, janitorial, printing, florist, dry cleaners, and limousine services. "Wages" means all compensation paid for services rendered by an employee in connection with an accredited production, including health, life, and disability insurance premiums, FICA taxes, pension contributions, expense reimbursement, and accrued vacation and sick pay.

(Source: Amended at 30 Ill. Reg. ______, effective ____________) Section 528.30 Eligibility Determination Applicants must satisfy all of the following criteria in order to be eligible for a credit:

a) Ownership of Copyright in Accredited Production:

1) The applicant must own the copyright in the accredited production throughout the Illinois production period; or

2) The applicant has contracted directly with the owner of the copyright in

the accredited production, or a person acting on behalf of the owner, to provide services for the production, where the owner, of the copyright is not an eligible production corporation. (Section 10 of the Act)

b) Illinois Taxpayer Status: An applicant that is not an Illinois taxpayer (has no

Illinois income tax liability) may utilize one of the following structures in order to be eligible for the credit:




1) Partnership or Limited Liability Company (LLC) treated as a partnership for purposes of the Illinois Income Tax Act [35 ILCS 5] – An applicant may establish a partnership or an LLC for purposes of accomplishing the accredited production. (See 35 ILCS 5/1501(a)(16).)

2) Subsidiary Corporation. An applicant may establish a subsidiary

corporation to accomplish an accredited production. If the applicant and the subsidiary corporation are members of a unitary business group, they must file a combined income tax return with the Illinois Department of Revenue on which the credit will be used against the combined income tax liability of the group. (See 35 ILCS 5/502(e) and 1501(a)(27).)

3) Contracting. An applicant may contract with an Illinois taxpayer to

accomplish an accredited production and qualify for the credit and the value of the credit to the taxpayer may be taken into account in determining the payment to be made under the contract.

bc) Aggregate Illinois Labor Expenditures − Accredited Productions Commencing

Before May 1, 2006: In order to qualify for a credit under the Act, the applicant must incur, in the 12-month period after the commencement of principal filming or taping of the production, Illinois labor expenditures that exceed the following amounts from pre-production through post-production:

1) $100,000 for productions of 30 minutes or longer; 2) $50,000 for productions of 29 minutes or less than 30 minutes.

c) Aggregate Illinois Production Spending – Accredited Productions Commencing

on or After May 1, 2006 In order to qualify for a credit under the Act, the applicant must incur, in the 12-month period after the commencement of principal filming or taping of the production, Illinois production spending that exceeds the following amounts from pre-production through post-production:

1) $100,000 for productions of 30 minutes or longer; 2) $50,000 for productions of 29 minutes or less.

d) To qualify as an Illinois labor expenditure, the expenditure must be:




1) reasonable in the circumstances;

2) included in the federal income tax basis of the property;

3) incurred by the applicant for services on or after January 1, 2004;

4) incurred for the production stages of the accredited production, from the

final script stage to the end of the post-production stage;

5) limited to the first $25,000 of wages paid or incurred to each employee of the production;

6) exclusive of the salary or wages paid to or incurred for the 2 highest paid

employees of the production;

7) directly attributable to the accredited production; 8) paid in the tax year for which the applicant is claiming the tax credit or

not later than 60 days after the tax year; 9) paid to persons resident in Illinois at the time the payments were made;

and

10) paid for services rendered in Illinois. (Section 10 of the Act)

d) Diversity Plan The applicant must submit a diversity plan that meets the criteria set forth in Section 528.20 of this Part.

e) Competitive Need for Credit

The applicant must file a written statement or other documentation evidencing that the receipt of the credit is essential to the decision to operate the accredited production in Illinois. The documentation must show that the applicant has multi-state or international location options and could reasonably locate outside the State, or can demonstrate that at least one other state or nation is being considered for the accredited production, or other documentation showing that the receipt of the credit is a major factor in the applicant's decision to locate the accredited production in Illinois.




f) Training Programs In order to qualify for a credit, the applicant must advise the Department whether it intends to participate in training, education, and recruitment programs, if available, that are organized in cooperation with Illinois colleges and universities, labor organizations, and the motion picture industry and are designed to promote and encourage the training and hiring of Illinois residents who represent the diversity of the Illinois population. [30 ILCS 15/30(a)(4)]

e) Non-eligible Productions: The following types of productions are not eligible for

a credit:

1) news, current events, or public programming, or a program that includes weather or market reports;

2) talk show; 3) production in respect of a game, questionnaire, or contest;

4) sports event or activity;

5) gala presentation or awards show;

6) finished production that solicits funds;

7) production produced by a film production company if records, as required

by 18 USC 2257, are to be maintained by that film production company with respect to any performer in that single media or multimedia program; and

8) production produced primarily for industrial, corporate, or institutional

purposes. (Section 10 of the Act)

f) Only one credit will be awarded per accredited production. (Source: Amended at 30 Ill. Reg. ______, effective ____________)

Section 528.40 Form of Application Process and Requirements The Department will accept and evaluate applications from eligible applicants in accordance with the following provisions:




a) An applicant proposing a film, or television or commercial production planned to

be located in the State shall submit its application at least 24 hours prior to the start of principal filming or taping in sufficient time to allow for the evaluation of the application by the Department.

b) Written applications will be required and must be submitted on the standard

application form provided by the Department. Applications shall be submitted to the Department'sDepartment office location stated on the application. The applicant must provide the following information: 1) Legal name, address, and telephone number of applicant. 2) Name, title, and telephone number of primary contact person. 3) Type of business entityApplicant's form of organization – a description

stating that the applicant is one of the following: A) Individual or Sole Proprietorship B) Partnership C) Corporation D) Subchapter S Corporation E) Limited Liability CompanyCorporation

F) Other (applicant will provide description).

4) Date of incorporation or formation. 5) Federal Employer Identification Number (FEIN) or Tax Identification

Number (TIN). 6) Production title.

7) Type of production – a description stating that the production is one of the

following:




A) Feature film B) Television program C) Commercial D) Other (applicant will provide description).

8E) Length of production. 98) Date principal filming or taping begins in IllinoisDates on which Illinois

production expenses begin and end. 109) Estimated numberNumber of shoot days in Illinois.

1110) Estimated totalTotal budget of production.

1211) Estimated total Illinois labor expenditure.

1312) Estimated number of Illinois residents to be hired to work on the production.

1413) A diversity planPercentage of minority workers in Illinois that the

applicant plans to employ to perform work on the production. 1514) Documentation evidencing applicant's intention to participate in training,

education and recruitment programs, if available, offered by Illinois colleges, universities, labor organizations and the motion picture industry that are designed to promote training and hiring of Illinois residents who represent the diversity of the Illinois population.

1615) A written statementDocumentation evidencing that the receipt of the credit

is essential to the decision to operate the accredited production in Illinois, such as documentation that Applicant has multi-state or international location options and could reasonably locate outside the State, or can demonstrate that at least one other state or nation is being considered for the production, or other documentation showing that the receipt of the tax credit is a major factor in the applicant's decision to locate the production in Illinois.




17c) The applicant must submit a story line or log linecopy of the complete script of the production.

18) The applicant will have to certify that it is and will remain in good

standing with applicable State authorities, it is not currently operating under or subject to any cease and desist order or subject to any informal or formal regulatory action, and, to the best of the applicant's knowledge, it is not currently the subject of any investigation by any State or federal regulatory, law enforcement or legal authority. Should the applicant become the subject of an investigation by any State or federal regulatory, law enforcement or legal authority, the applicant shall promptly notify the Department of any such investigation. The applicant acknowledges that, should it become delinquent in its good standing status with any applicable State authority or if it later becomes subject to a cease and desist order or memorandum of understanding, or found in violation pursuant to any regulatory action or any court action or proceeding before any administrative agency, the Department is authorized to deny the applicant's request for a tax credit certificate.

cd) The applicant is responsible for the accuracy of all data, information, and

documentation included in the application. Once submitted, applications shall become the property of the Department.

de) Upon written request, the applicantsapplicants shall issue any necessary

authorization to the appropriate federal, State or local authority for the release of information concerning a production being considered under this Part, including but not limited to financial reports, and records relating to the applicant or the accredited production for which the credit is requested.

e) In the case of a television series or any other production intended to be shown in

two or more episodes, the applicant may elect to treat each episode as a separate production or to treat two or more episodes as a single production for all purposes of the Act. A single application may be filed for two or more productions, provided that the application clearly describes each separate production. For example, the application may state that each episode shall be treated as a separate production or that all episodes filmed or intended to be shown during a specific period of time will be treated as a single production.





Section 528.50 Evaluation of ApplicationApplications

a) Prior to substantive evaluation of an application for a credit, the Department shall reviewexamine all applications to determine that all required information and documentation has been provided. Applicants will be notified, in writing, of any application deficiencies in applications and will be allowed 30 days to correct thesuch deficiencies through submission of additional documentation, until principal filming commences. The Department has the discretion to extend the cure period in extenuating circumstances, provided the applicant submits a written request outlining the circumstances for which it needs an extension.

b) In evaluating applications, the Department shall determine that a preponderance

of the following requirements and conditions exists: 1) the applicant's production is economically sound and will increase

opportunities for residents of Illinois to obtain employment; 1)2) Thethe applicant will meet the requisite aggregate Illinois labor

expenditure or Illinois production spending requirement in accordance with the provisions of Section 528.2030(c) of this Part;

23) Thethe extent to which the applicant's diversity plan contains specific

goals in meeting the diversity plan requirementapplicant plans to employ Illinois residents representing the diversity of the Illinois population subject to any applicable collective bargaining agreements to which the applicant is a signatory to perform work on the production;

34) Thethe extent to which the applicant intends to participate in training,

education and recruitment programs, if available, that are organized in cooperation with Illinois colleges and universities, labor organizations, and the motion picture industry and are designed to promote and encourage the training and hiring of Illinois residents who represent the diversity of the Illinois population;

45) Thethe applicant's demonstration that the credit is essential to its decision

to locate the production in Illinois; and 56) Awardingawarding the credit will result in an overall positive impact to

the State.




(Source: Amended at 30 Ill. Reg. ______, effective ____________) Section 528.60 Approval/Denial of Applications

a) The Department reserves the right to make inquiries, to conduct studies in the manner and by the methods it deems necessary, and to review information with respect to the application. The Department also reserves the right to request information from the applicant that is necessary to calculate the amount of the tax credit.

b) The Department reserves the right to reject any application that does not comply

with the statutory requirements of the Act and this Part. Upon receipt of an application applicant's request for the Final Film Tax Credit Certificate, the Department shall review the application for completeness and shall approve or deny itthe request within a reasonable time from the date of the receipt30 days. Applications are subject to final approval by the Director of the Department.

c) Applicants shall be notified in writing as to the Department's evaluation of all

completed applications. If the Department denies an application for the credit, it will specify the reasons for denial in writing and allow the applicant 30 days to amend and re-submit its application for further evaluation.


Section 528.62 Economic Impact Data Each quarter, the applicant or its representative shall use its best efforts in submitting its economic information to the Department related to the following:

a) Jobs Created and Retained. This information shall document the number of jobs created and retained for production, talent and vendor type jobs. Additionally, with respect to the production type of jobs, the applicant must use its best efforts to supply information disclosing the number of production type jobs created and/or retained and whether the production type jobs were entry, management or skilled labor.

b) Production Costs. This information shall document the amount of production

costs in various industries in Illinois. Industry production costs include, but are not limited to, vendor expenditures for catering, dry cleaning, janitorial services, maid services, security, transportation, etc.





Section 528.63 Diversity Impact Data Each quarter, the applicant or its representative shall use it best efforts in submitting its diversity information to the Department related to gender and ethnicity of all employees hired and the business ownership status of vendors hired. This information shall include job creation number for:

a) Production staff and crew; b) Entry level positions; c) Management positions; d) Talent related positions; and e) Vendors (ownership status, i.e., businesses owned by minorities, females

and persons with disabilities).

(Source: Added at 30 Ill. Reg. ______, effective ____________) Section 528.65 Accredited Production Certificate Upon approval of an application, the Department will issue an accredited production certificate certifying that the production is an accredited production that meets the statutory requirements of the Act as well as the corresponding administrative rules. When the Department issues an accredited production certificate, this certificate does not automatically entitle the applicant to a tax credit. Rather, the tax credit is only awarded after an accredited production has been completed, the applicant submits its request for tax credit certificate, and the applicant successfully demonstrates to the Department that it has complied with its diversity plan or that it has made good-faith efforts to comply with its diversity plan.

(Source: Added at 30 Ill. Reg. ______, effective ____________) Section 528.70 Request for Tax Credit CertificateAmount and Duration of Credit The applicant may request a tax credit certificate from the Department certifying the actual amount of the credit awarded to the applicant at any time following the completion of the




accredited production, but in no event later than 2 years following the completion of the production. In a case where a single application was filed for two or more productions, a single tax credit certificate may, at the request of the applicant, be issued for more than one production. The tax credit will be issued upon the Department's verification of all costs submitted as qualifying as the applicant's Illinois labor expenditures and verification that the applicant has met or made good-faith efforts in achieving the goals of the diversity plan included with its application as described in Section 528.20 of this Part.

a) If an accredited production is not completed prior to the close of the applicant's

taxable year, at the election of the applicant, a tax credit certificate dated as of the last day of the taxable year may be used for Illinois labor expenditures incurred during that taxable year or within 60 days after the close of that taxable year or Illinois production spending incurred during that taxable year. (Section 10 of the Act)

b) In the case of an accredited production commencing before May 1, 2006, in

which some Illinois labor expenditures are incurred in a taxable year of the applicant and some are incurred more than 60 days after the close of that taxable year: 1) The applicant may request a single tax credit certificate for all Illinois

labor expenditures incurred. If all Illinois labor expenditures are incurred not later than 60 days after the close of the last full taxable year of production, the tax credit certificate may be dated as of the last day of that taxable year as provided in subsection (a); or

2) The applicant may submit a separate request for a tax credit certificate for

each taxable year in which Illinois labor expenditures are incurred. Each request may, at the applicant's election, include Illinois labor expenditures incurred no later than 60 days after the end of the tax year as provided in subsection (b)(1) or only those Illinois labor expenditures incurred in the taxable year; provided that no Illinois labor expenditure may be claimed or allowed on more than one request.

c) In the case of an accredited production commencing on or after May 1, 2006, in

which some Illinois production spending is incurred in a taxable year of the applicant and some is incurred after the close of that taxable year: 1) The applicant may request a single tax credit certificate for all Illinois

production spending incurred; or




2) The applicant may submit a separate request for a tax credit certificate for

each taxable year in which Illinois production spending is incurred.

d) With each request for a tax credit certificate filed on or after the effective date of this rulemaking, the applicant shall provide:

1) An itemized statement of the Illinois labor expenditures or Illinois

production spending for which the credit is claimed and of Illinois labor expenditures generated by the employment of residents of geographic areas of high poverty or high unemployment for which additional credit is claimed;

2) Copies of the books and records of the applicant for the accredited

production, showing the Illinois labor expenditures or Illinois production spending for which the credit is claimed, and all documentation necessary to support its computation; and

3) An attestation by a certified public accountant, in the form prescribed by

the Department, that the computations are supported by the copies of the books, records and other documents of the applicant that are attached to the request and that the certified public accountant has examined the books, records and other documents according to procedures agreed upon by the Department. The attestation and examination must be performed by a certified public accountant:

A) who is qualified and independent of the applicant within the

principles of the Securities and Exchange Commission regulations at 17 CFR 210.2-01; and

B) whose engagement to provide the attestation was approved by the

Department before work on the engagement was commenced.

(Source: Old Section 528.70 renumbered to Section 528.75 and new Section 528.70 added at 30 Ill. Reg. ______, effective ____________)

Section 528.71 Approval/Denial of Tax Credit Certificate Request

a) When the applicant submits its request for a tax credit certificate, the Department will review and verify the applicant's final diversity hiring numbers for crew,




vendors and talent to determine whether it met the goals outlined in its diversity plan before issuing the tax credit certificate.

b) In the event the applicant fails to meet the goals of its diversity plan, the applicant

must then demonstrate it made good-faith efforts in attempting to achieve its diversity goals in order for the tax credit certificate request to be approved. Good-faith efforts that the Department will consider include, but are not limited to, documentation demonstrating that the applicant communicated (written correspondence, phone call, email, meetings) with minority, female, and disabled vendors and applicable unions, as well as talent and workforce agencies/entities. The applicant may also submit any other documentation demonstrating its good-faith attempts to the Department for consideration. If appropriate documentation is unavailable, then, within the Department's discretion, the applicant may be permitted to submit an affidavit attesting to its good-faith efforts.


Section 528.75 Amount and Duration of Tax Credit

a) For tax years beginning on or after January 1, 2004, a persontaxpayer who has been awarded a tax credit under the Act is entitled to claim the credit against the taxes imposed under Section 201(a) and (b) of the Illinois Income Tax Act [35 ILCS 5/201(a) and (b)] in an amount determined by the Department. If the applicanttaxpayer is a partnership or Subchapter S corporation, the credit is allowed to the partners or shareholders in accordance with the determination of income and distributive share of income under sections 702 and 704 and Subchapter S of the Internal Revenue Code (26 USCA 702 and 704). For tax years ending prior to July 11, 2005 (the effective date of Public Act 94-0171), the The credit may not be carried forward or back. For tax years ending on or after July 11, 2005, if the amount of the credit exceeds the tax liability for the year, the excess may be carried forward and applied to the tax liability of the 5 taxable years following the excess credit year. The credit shall be applied to the earliest year for which there is a tax liability. If there are credits from more than one tax year that are available to offset a tax liability, the earlier credit shall be applied first. In no event shall a credit under the Act reduce the taxpayer's liability to less than zero. [(See 35 ILCS 5/213].)

b) For accredited productions commencing before May 1, 2006, eligible

applicantsEligible applicants will be awarded a credit equal to 25% of the Illinois labor expenditures approved by the Department for an accredited production. In




addition, accredited productions approved by the Department after January 1, 2005 will be entitled to an additional 15% film tax credit for the Illinois labor expenditures approved by the Department for employees who earn more than $1,000 on the production and live in geographic areas of high poverty or high unemployment in Illinois. (Section 10 of the Act)

c) For accredited productions commencing on or after May 1, 2006, eligible

applicants will be awarded a credit equal to 20% of the Illinois production spending approved by the Department plus 15% of Illinois labor expenditures approved by the Department for employees who earn more than $1,000 on the production and live in geographic areas of high poverty or high unemployment in Illinois. (Section 10 of the Act)

c) The duration of the credit may not exceed one taxable year. (Section 10 of the

Act) (Source: Section 528.75 renumbered from Section 528.70 and amended at 30 Ill. Reg. ______, effective ____________)

Section 528. 80 Interim and Final Film Tax Credit Certifications (Repealed)

a) Interim Film Tax Credit Certificate: Once the Department determines the applicant's film, video or television production to be an accredited production, the Department shall issue an Accredited Film Production Certificate and an Interim Film Tax Credit Certificate to the applicant prior to the commencement of the principal filming. The Interim Film Tax Credit Certificate will set forth the amount of the potential credit based on the information set forth in the application and shall advise the applicant that the credit is subject to reduction in the event that the applicant's actual Illinois labor expenditures are less than the amount set forth in the application, which shall be verified after the principal filming has concluded.

b) Final Film Tax Credit Certificate: The applicant may request a Final Accredited

Production Certificate from the Department certifying the actual amount of the credit to the applicant and the Illinois Department of Revenue at any time following the completion of the film production, but in no event later than 2 years following the completion of the film production. The Final Film Tax Credit Certificate will be issued upon the Department's verification that the applicant is in compliance with all requirements of the Act and this Part relative to the award




of the credit, including verification of all costs submitted as qualifying as the applicant's Illinois labor expenditure.

(Source: Repealed at 30 Ill. Reg. ______, effective ____________)

Section 528.85 Transfer of Tax Credit

a) A transfer of the credit may be made by the applicant earning the credit within one year after the credit is awarded in accordance with rules adopted by the Department of Commerce and Economic Opportunity. (Section 213 of the Illinois Income Tax Act; see Public Act 94-0171)

b) For purposes of this provision, a tax credit is earned on the date that the tax credit

certificate is issued under Section 528.70 of this Part.

c) Tax credits earned by an applicant in a taxable year ending prior to July 11, 2005 (the effective date of Public Act 94-0171) may not be transferred.

d) For purposes of this Section, a tax credit earned by a partnership or Subchapter S

corporation shall be treated as having been earned by its partners in the amounts determined under 86 Ill. Adm. Code 100.2185(c).

e) Transfer of a tax credit shall be made as follows:

1) The applicant earning the credit shall request the transfer from the

Department, in writing, identifying the transferees (name, tax identification number, mailing address) and the amount to be transferred to each transferee, and the applicant shall return the tax credit certificate to the Department, together with its transfer request. The applicant is allowed to transfer or allocate a single credit to no more than 10 transferees.

2) A request for transfer may be submitted with the applicant's request for the

tax credit certificate under Section 528.70 of this Part, in which case the Department may issue the requested certificates of transfer in lieu of the tax credit certificate.

3) If the transfer request is timely and meets the requirements of this Section,

the Department shall issue a certificate of transfer to each transferee,




identifying the original tax credit certificate and stating the amount of the credit transferred.

4) If the applicant earning the credit transfers less than the full amount of the

credit, the Department shall issue a certificate of transfer to the applicant identifying the original tax credit certificate and stating the amount of tax credit retained by the applicant.

5) If the person transferring the credit is a partner or shareholder in a

partnership or Subchapter S corporation that earned the credit, that person shall submit to the Department, in lieu of the original tax credit certificate, copies of the tax credit certificates and copies of the Schedule K-1-P received by that person from the partnership or Subchapter S corporation stating that person's share of the credit.


Section 528.90 Non-Compliance Provisions (Repealed) Material noncompliance with the requirements of the Interim Accredited Production Certificate may result in rescission of the credit by the Department, or the institution of proceedings to have the Illinois Department of Revenue revoke the credit.

(Source: Repealed at 30 Ill. Reg. ______, effective ____________) Section 528.100 Books and Records

a)Record Retention:The applicant must at all times keep proper books of record and accounts in accordance with generally accepted accounting principles consistently applied, with the books, records, or papers related to the accredited production in the custody or control of the taxpayer open for reasonable Department inspection and audits, and including, without limitation, the making of copies of the books, records, or papers, and the inspection or appraisal of any of the assets of the applicant or the accredited production. (Section 15(f) of the Act)

b) Confidentiality: To the extent possible and permitted under the Act, the

Department will maintain materials and information received from an applicant for application for a credit as confidential.





Section 528.110 Data for Reports to the General Assembly

a) In determining whether the film tax credit program is effective in creating jobs in Illinois, the Department is responsible for determining the overall success of the program. Correspondingly, on a quarterly basis, the Department is required to advise the Illinois General Assembly of the film tax credit program's economic impact with respect to the types of jobs created, the amount and type of expenditures made in Illinois, and whether the human infrastructure of the motion picture industry reflects the diversity of the State. Each report to the General Assembly will provide an overall view of the Illinois film industry with respect to the jobs created and expenditures made for the requisite quarter. In order to satisfy this requirement, each applicant will be required to use its best efforts in submitting information pertaining to the following.

1) Types of jobs created:

A) Number of entry level positions;

B) Number of management related positions;

C) Number of talent positions;

D) Number of production staff and crew; and

E) Number of vendor related positions. 2) Illinois expenditures: The amount of expenditures attributable to:

A) Labor;

B) Vendors; and

C) Other Illinois productions spending.

3) Data or documentation submitted to the Department in connection with the achievement of, or good-faith efforts to achieve, the goals outlined in the diversity plan.




b) At the end of each fiscal year, the Department must submit to the General Assembly a report that includes, without limitation, the following information:

1) an identification of each material vendor that provided goods or services

that were included in an accredited production's Illinois production spending;

2) the amount paid to each identified material vendor by the accredited

production;

3) for each identified material vendor, a statement as to whether the vendor is a minority owned business or a female owned business, as defined under Section 2 of the Business Enterprise for Minorities, Females, and Persons with Disabilities Act, which the Department will determine by comparing the vendors it has identified as providing goods or services that were included in an accredited production's Illinois production spending with the database of minority owned businesses and female owned businesses maintained by the Department of Central Management Services; and

4) a description of any steps taken by the Department to encourage

accredited productions to use vendors who are a minority owned business or a female owned business. (Section 45(c) of the Act)


Section 528.120 Confidentiality of Documents and Data The Department will not permit public inspection or copying of any material that is or would be confidential under State law, specifically including the exemptions set forth in the Freedom of Information Act [5 ILCS 140]. If an applicant submits information it considers to be of a confidential nature as part of its application or request for a tax credit certificate, such information shall be marked or labeled "CONFIDENTIAL" in capital letters. The applicant shall also submit a statement briefly setting forth the grounds on which the information should be treated as confidential. The Department, based on the propriety nature of the material and privacy of the applicant's confidential information, shall not disclose the materials to the public.



ENVIRONMENTAL PROTECTION AGENCY


1) Heading of the Part: Municipal Brownfields Redevelopment Grant Program 2) Code Citation: 35 Ill. Adm. Code 885 3) Section Numbers: Proposed Action:

885.105 Amend 885.201 Amend 885.210 Amend 885.215 Amend 885.230 Amend 885.232 New Section 885.235 Amend 885.245 Amend 885.300 Amend 885.305 Amend

4) Statutory Authority: Section 58.13 of the Environmental Protection Act (415 ILCS

5/58.13) 5) A Complete Description of the Subjects and Issues Involved: Recently enacted

legislation (P.A. 94-1021, effective July 12, 2006) increased the maximum grant amount that municipalities with designated River Edge Redevelopment Zones may be awarded under the Municipal Brownfields Redevelopment Grant Program. The proposed amendments update the Municipal Brownfields Redevelopment Grant Program rules to reflect this increase. The proposed amendments also revise the process by which grantees obtain Illinois Environmental Protection Agency approval for changes to grant projects, and amend the list of costs that can be paid from grant funds.

6) Published studies or reports, and sources of underlying data, used to compose this

rulemaking: None 7) Will this rulemaking replace any emergency rulemaking currently in effect? No 8) Does this rulemaking contain an automatic repeal date? No 9) Does this rulemaking contain incorporations by reference? No 10) Are there any other rulemakings pending on this Part? No




11) Statement of Statewide Policy Objectives: These proposed amendments do not create or enlarge a State mandate as defined in Section 3(b) of the State Mandates Act [30 ILCS 805/3(b)].

12) Time, Place and Manner in which interested persons may comment on this rulemaking:

Persons who wish to submit comments on these proposed amendments may submit them in writing by no later than 45 days after publication of this Notice to:

M. Kyle Rominger, Assistant Counsel Division of Legal Counsel Illinois Environmental Protection Agency 1021 N. Grand Avenue East P.O. Box 19276 Springfield, Illinois 62794-9276 217/782-3397


A) Types of small businesses, small municipalities and not for profit corporations affected: The rules will affect municipalities with River Edge Development Zones that seek grant assistance under the rules. At this time only the municipalities of Aurora, East St. Louis, and Rockford are eligible to receive pilot River Edge Redevelopment Zones.

B) Reporting, bookkeeping or other procedures required for compliance: No new

reporting, bookkeeping or other procedures will be required as a result of the proposed rules.

C) Types of professional skills necessary for compliance: No specific professional

skills are required for compliance with the proposed rules. 14) Regulatory Agency on which this rulemaking was summarized: This rulemaking was not

included on either of the two most recent regulatory agendas because: The rules are proposed pursuant to Public Act 94-1021, which was signed into law after the publication of the most recent regulatory agenda.

The full text of the Proposed Amendments begins on the next page:




TITLE 35: ENVIRONMENTAL PROTECTION SUBTITLE G: WASTE DISPOSAL

CHAPTER II: ENVIRONMENTAL PROTECTION AGENCY

PART 885 MUNICIPAL BROWNFIELDS REDEVELOPMENT GRANT PROGRAM

SUBPART A: GENERAL PROVISIONS

Section 885.100 Purpose 885.105 Definitions 885.110 Severability

SUBPART B: MUNICIPAL BROWNFIELDS REDEVELOPMENT GRANTS Section 885.200 Scope and Availability of Grants 885.201 Limitations on Grant Amounts 885.205 Grant Assistance Criteria 885.210 Applications for Municipal Brownfields Redevelopment Grants 885.215 Agency Action on Application 885.220 Grant Award Acceptance 885.225 Grant Agreement 885.230 Amendments to Grant Agreement 885.232 Project Change Approvals 885.235 Cost Criteria 885.240 Grant Payment 885.245 Grantee Responsibilities 885.250 Evaluation of Performance 885.255 Requirements Applicable to Contracting and Subcontracting 885.260 Agency Cost Recovery

SUBPART C: NONCOMPLIANCE WITH GRANT CONDITIONS Section 885.300 Agency Action for Noncompliance with Grant Conditions 885.305 Project Termination by Grantee 885.310 Stop-Work Orders 885.315 Covenant Against Contingent Fees 885.320 Recovery of Grant Funds




885.325 Indemnification 885.330 Statutory Requirements

SUBPART D: ACCESS, AUDITING AND RECORDS Section 885.400 Access 885.405 Audit and Records AUTHORITY: Implementing and authorized by Section 58.13 of the Environmental Protection Act [415 ILCS 5/58.13]. SOURCE: Adopted at 23 Ill. Reg. 467, effective December 23, 1998; amended at 27 Ill. Reg. 14604, effective August 28, 2003; amended at 30 Ill. Reg. ______, effective ____________.

SUBPART A: GENERAL PROVISIONS Section 885.105 Definitions Unless specified otherwise, all terms shall have the meanings set forth in the Illinois Environmental Protection Act. Additionally, for purposes of this Part, the following definitions apply:

"Act" means the Illinois Environmental Protection Act [415 ILCS 5]. "Agency" means the Illinois Environmental Protection Agency. "Applicant" means a municipality that applies for a municipal brownfields redevelopment grant. "Municipal brownfields redevelopment grant" means a grant issued pursuant to Section 58.13 of the Act and Subpart B of this Part. "Brownfields site" or "brownfields" means a parcel of real property, or a portion of the parcel, that has actual or perceived contamination and an active potential for redevelopment. (Section 58.2 of the Act) "Grant agreement" means the written grant agreement documents and amendments thereto signed by both the Agency and a grantee in which the terms and conditions governing the grant are stated and agreed to by both parties.




"Grantee" means a municipality that has been awarded a grant for brownfields redevelopment under Section 58.13 of the Act. "Municipality" means an incorporated city, village, or town in this State. Municipality does not mean a township, town when that term is used as the equivalent of a township, incorporated town that has superseded a civil township, county, or school district, park district, sanitary district, or similar governmental district. (Section 58.2 of the Act) "River Edge Redevelopment Zone" means River Edge Redevelopment Zone as defined in the River Edge Redevelopment Zone Act [65 ILCS 115]. "State" means the State of Illinois.


SUBPART B: MUNICIPAL BROWNFIELDS REDEVELOPMENT GRANTS Section 885.201 Limitations on Grant Amounts

a) Except for grants to municipalities with designated River Edge Redevelopment Zones, grantsGrants shall be limited to a maximum of $240,000 and no municipality shall receive more than thisthat amount under this Part (Section 58.13(a)(4) of the Act). The following applies to municipalities other than municipalities with designated River Edge Redevelopment Zones:

1)b) Except as provided in subsection (a)(2)(c) of this Section, the total amount

of grant funds awarded to a municipality under this Partrequested by a single grant applicant shall not exceed $120,000.

2)c) A grantee may request grant funds in excess of the limit set forth in

subsection (a)(1) of this Sectionsubmit a supplemental application or an amendment seeking an increase in grant budget in excess of $120,000 only after demonstrating the following:

A)1) The grantee is current on all reporting requirements set forth in

Section 885.245 of this Part;

B)2) The grantee is current with the grant project work plan schedule; and




C)3) The Agency has approved payment of at least $96,000 in grant

funds for grant-eligible work, or the grantee has received Agency approval of a remedial action plan under 35 Ill. Adm. Code 740.The grantee has requested payment for grant-eligible work from the Agency for at least 80% of the total grant funds.

b) For grants to municipalities with designated River Edge Redevelopment Zones,

grants shall be limited to a maximum of $2,000,000 and no municipality shall receive more than this amount under this Part (Section 58.13(a)(4) of the Act). The following applies to municipalities with designated River Edge Redevelopment Zones:

1) Except as provided in subsection (b)(2) of this Section, the total amount

awarded to a municipality under this Part shall not exceed $1,000,000.

2) A grantee may request grant funds in excess of the limit set forth in subsection (b)(1) of this Section only after demonstrating the following:

A) The grantee is current on all reporting requirements set forth in

Section 885.245 of this Part;

B) The grantee is current with the grant project work plan schedule; and

C) The Agency has approved payment of at least $800,000 in grant

funds for grant-eligible work, or the grantee has received Agency approval of a remedial action plan under 35 Ill. Adm. Code 740.

3) Grant funds in excess of $240,000 must be used for grant projects located

within the River Edge Redevelopment Zone.

(Source: Amended at 30 Ill. Reg. ______, effective ____________) Section 885.210 Applications for Municipal Brownfields Redevelopment Grants

a) A municipality may apply for grant funds only if the following conditions are met:




1) The municipality commits in writing to enroll, or has enrolled, the brownfields site in the Site Remediation Program;

2) A Phase I or II environmental audit has been or will be completed for the

brownfields site and has been or will be submitted to the Site Remediation Program for review and approval;

3) The municipality provides a cost estimate for the cleanup, prepared by a

professional engineer, for the brownfields site for which grant funds are to be expended and commits to work toward acquiring a No Further Remediation letter; and

4) If the costs to complete corrective action and to acquire a No Further

Remediation letter exceed the maximum amount available to the municipality under this grant program, the municipality has reasonably demonstrated that there is sufficient capital available to cover such costs.

b) To be considered for a municipal brownfields redevelopment grant, an applicant

must file with the Agency a complete application, in accordance with the requirements of this Section and relevant statutes.

c) Applicants for municipal brownfields redevelopment grants must use grant

application forms furnished by the Agency, or a similar format. Grant applications, including budget forms, may be obtained from and must be submitted to:

Illinois Environmental Protection Agency Bureau of Land Office of Brownfields Assistance 1021 North Grand Avenue East Springfield, Illinois 62794-9276

d) A complete municipal brownfields redevelopment grant application must include: 1) Background information on the applying municipality and proposed

project, including: A) The negative effects on the local community of the brownfields

site and the positive effects on the local community of funding and implementation of the proposed project;




B) The local government involvement and planned additional

involvement in the proposed project; C) If the brownfields site is located in an enterprise zone, as defined at

Section 3(b) of the Illinois Enterprise Zone Act [20 ILCS 655/3(b)], a map that identifies the designated enterprise zone and the specific brownfields site location;

D) The anticipated long-term benefits of the project and the means by

which the municipality will sustain the benefits; E) How the success of the project will be measured; F) A commitment by the grantee that the site for which the grant is

sought will be entered into the Site Remediation Program with the grantee as the remediation applicant, to the extent that activities funded by the grant are not statutorily excluded under the Site Remediation Program; and

G) If the property is not municipally owned, the grantee must provide

the following: i) An explanation as to why grant funds are requested for

privately held property and the anticipated benefit to the municipality of expending grant funds at privately held property;

ii) Identification of the owner of the property; and iii) Tenant information, including but not limited to tenant

name, type of lease/rental and type of business; and.

H) If a designated River Edge Redevelopment Zone is located within the municipality, a copy of the River Edge Redevelopment Zone Certificate and all amendments to the certificate issued for the River Edge Redevelopment Zone pursuant to the River Edge Redevelopment Zone Act.

2) The project plan, including:




A) A description of all components and phases of the proposed

project; B) A description of planned or proposed tasks to be performed by

parties involved; C) A schedule of the work plan by tasks, including specific activities

and events; D) A detailed explanation of all anticipated expenses covered by the

grant and a discussion of costs not covered by the grant, but anticipated to achieve the stated long-term project goals and measures;

E) Letter(s) of agreement or other documentation showing the

applicant is authorized, by law or consent, to act on behalf of or in lieu of the owner or operator of the site;

F) Letter(s) of agreement or other documentation from the contractor

or subcontractors involved in or responsible for components or phases of the proposed project;

G) Map(s) indicating location(s) of the proposed project, areas

affected by the proposed project and, if relevant to the project, enterprise zone;

H) A designation of the total acreage of the project site; and I) Location of the project site by latitude and longitude;.

J) A description of the planned use for the project site following the

completion of remediation activities and the issuance of a No Further Remediation Letter under 35 Ill. Adm. Code 740; and

K) If funding for performance of a remedial action is being requested,

a copy of the remedial action plan approval letter issued by the Agency under 35 Ill. Adm. Code 740.

3) Information on project team members, including:




A) The name of the project manager and a description of his or her

previous management experience and other pertinent experience and capabilities;

B) The names of other project team members and a description of

their job titles, work assignments and experience; C) Documentation showing resource commitment by the grantee

adequate for the project manager to successfully organize, administer, and complete the project specified in the proposal, such as: i) Evidence of the relevant experience of all project team

members; and ii) Proposed allocation of resources, both capital and labor, to

the project; D) The name, telephone number, fax number, and e-mail address, if

any, of the project team member designated to serve as liaison with the Agency.

4) Information on any environmental consultant to be employed by the

applicant, including: A) The previous project management experience and other pertinent

experience and capabilities of the environmental consultant; B) The names of key environmental consultant personnel and a

description of their job titles, work assignments and experience; C) A detailed description of the tasks the consultant is to perform in

the proposed project; D) Evidence of relevant experience of all environmental consultant

personnel involved in the project;




E) Statement that work will be performed as outlined in the work plan approved as part of the application, including adherence to the supplied work schedule;

F) A copy of the consultant’s current normal and customary billing

rates; and G) Evidence of relevant experience for all subcontractors to be used

and a copy of each subcontractor’s signed formal bid. 5) The grant amount requested and a budget, on a form prescribed by the

Agency, or in a similar format, outlining the expenses to be incurred. All amounts must be rounded to the nearest dollar and all percentages must be carried to one decimal place. The budget must include costs of: A) Personnel services; B) Equipment; C) All other direct costs; and D) Contractor and subcontractors.

6) Any additional information required by the Agency.

(Source: Amended at 30 Ill. Reg. ______, effective ____________) Section 885.215 Agency Action on Application

a) Issuance of municipal brownfields redevelopment grants is subject to availability of funding.

b) The Agency shall take action on all pending complete municipal brownfields

redevelopment grant applications at the close of each of two grant application periods per year, the first ending January 1 and the second ending July 1, except as provided in subsection (c) of this Section.

c) The Agency may award and fund any grant prior to the end of a grant application

period provided that the grant applicant demonstrates that:




1) The brownfields redevelopment project for which the grant is sought is specific to one or more sites;

2) Remediation of the project site or sites is necessary to assure protection of

human health and the environment; and 3) Failure to fund the grant prior to the end of the grant application period

would substantially impair implementation of the project. d) If an applicant submits an incomplete application, the Agency shall so notify the

applicant in writing, identifying the information that is lacking. e) The Agency shall, no more than 90 days after the close of each grant application

period, or in accordance with subsection (c) of this Section, in writing, notify each applicant with a pending application: 1) If funding is available for municipal brownfields redevelopment grants, of

that applicant's selection or rejection for a grant award; or 2) If funding is not available, of the unavailability of grant assistance.

f) Municipalities cannot obtain grant assistance by default due to failure by the

Agency to act within the time framesframe set forth in subsection (d) of this Section.


Section 885.230 Amendments to Grant Agreement

a) The grantee must obtain an amendment to the grant agreement for the following project changes:

1) An increase in the total amount of grant funds awarded under this Part; 2) The addition or deletion of one or more project sites; or 3) The extension of any contractual or grant completion date for the

project.To implement a project change, the grantee must obtain a formal amendment to the grant agreement. The grantee may request an amendment to the grant agreement by submitting an amended grant




application to the Agency at any point during the grant term. Any such application shall include at a minimum any reports required pursuant to Section 885.245(a) and not already submitted.

b) The grant agreement may be amended only by the mutual consent of the parties

set forth in writing as a formal grant agreement amendment, signed and dated by the Agency and the grantee. The grantee may request an amendment at any point during the grant term. Requests for amendments must be submitted on forms prescribed by the Agency and must include all reports due under Section 885.245(a) of this Part that have not been submitted. Grant amendments at the request of the grantee will be considered by the Agency only if the grantee is current on all reporting requirements set forth in Section 885.245(a) of this Part.

c) Project changes other than those identified in subsection (a) of this Section must

be approved by the Agency pursuant to Section 885.232 of this Part. The grantee may request amendments for project changes including, but not limited to:

d) No more than 90 days after receipt of a request for an amendment to the grant

agreementan amended grant application, the Agency shall notify the grantee in writing of its approval or rejection of the requested amendment to the grant agreement.

e) The Agency shall not approve any amendment to the grant agreement in violation

of the limitations on grants set forth in Sectionssections 885.200 and 885.201 of this Part.

f) The Agency shall approve an amendment to the grant agreement, to the extent

that the Agency may approve the amendment consistent with sections 885.200 and 885.201 of this Part, if the grantee makes a showing that: 1) The original project cost approval was based on estimated costs or

contractor bids, where the actual costs or contractor bids are over or under the estimated costs;

2) Amendments to State statutes have affected or will affect the project costs; 3) A project element was inadvertently omitted; or 4) An approved project element has been found unnecessary; or




4)5) A project element was added pursuant to requirements of the Site Remediation Program.

g) If the Agency approves a requested amendment to the grant agreement, the

Agency shall sign the amendment and the amendment shall become a part of the grant agreement. The amendment becomes effective on the date it is signed by the Agency.send a signed formal amendment signature page and a copy of the amended grant application to the grantee. After the grantee signs and returns the signature page, the Agency shall date the signature page and attach the amended grant application, the notification of Agency approval of the requested amendment and the signature page to the grant agreement documents.

h) A grantee cannot obtain an amendment to the grant agreement by default due to

the Agency's failure to act within the time frames set forth in this Section. (Source: Amended at 30 Ill. Reg. ______, effective ____________)

Section 885.232 Project Change Approvals

a) Project changes other than those identified in Section 885.230(a) of this Part must be approved by the Agency in writing (e.g., personnel changes, reallocation of budgeted amounts). The grantee may request approval of a project change at any point during the grant term. Requests for project change approvals must be submitted on forms prescribed by the Agency and must include all reports due under Section 885.245(a) of this Part that have not been submitted. Requests will be considered by the Agency only if the grantee is current on all reporting requirements set forth in Section 885.245(a) of this Part. This Section cannot be used to approve project changes identified in Section 885.230(a) of this Part.

b) No more than 90 days after receiving a request for approval of a project change,

the Agency shall notify the grantee in writing of its approval or rejection of the request.

c) The Agency shall not approve a project change in violation of the limitations on

grants set forth in Sections 885.200 and 885.201 of this Part. d) The Agency shall approve a project change, to the extent that the Agency may

approve the project change consistent with Sections 885.200 and 885.201 of this Part, if the grantee makes a showing that:




1) The original project cost approval was based on estimated costs or contractor bids, where the actual costs or contractor bids are over or under the estimated costs;

2) Amendments to State statutes have affected or will affect the project costs; 3) A project element was inadvertently omitted; 4) An approved project element has been found unnecessary; or 5) A project element was added pursuant to requirements of the Site

Remediation Program. e) The Agency shall notify the grantee in writing of its approval or rejection of the

requested project change. A project change approval becomes effective on the date the Agency issues its written notification of approval.

f) A grantee cannot obtain approval of a project change by default due to the

Agency's failure to act within the time frames set forth in this Section. (Source: Added at 30 Ill. Reg. ______, effective ____________)

Section 885.235 Cost Criteria

a) The Agency shall approve for reimbursement to the grantee, under the terms set forth in Section 885.240 of this Part, only costs contained in the quarterly reports and meeting the following criteria: 1) Costs within the scope of the redevelopment project for which the grant

was awarded; 2) Costs that are reasonable and necessary, including, but not limited to:

A) Site Remediation Program enrollment costs and Agency oversight

costs of participating in the Site Remediation Program of Title XVII of the Act and No Further Remediation letter assessment fees;

B) Environmental consultant oversight services;




C) Remedial investigation and design; D) Development and implementation of activities necessary to

establish remediation objectives; E) Laboratory services necessary to determine site characterization

and to establish cleanup objectives; F) Installation and operation of groundwater investigation and

groundwater monitoring wells; G) Development and implementation of a soil sampling plan; H) Development of a groundwater corrective action system; I) Development of a soil corrective action plan; J) Costs associated with seeking reimbursement from the municipal

brownfields redevelopment grant program, including, but not limited to, completion of documentation for partial or final payment;

K) Purchase costs for non-expendable materials, supplies, equipment

or tools purchased and used for the brownfields project; and L) Development and implementation of corrective action plans;

M) If asbestos that poses a threat to human health or the environment

is detected outside a structure, costs associated with identifying the source of the asbestos and remediating the asbestos until it no longer poses a threat to human health or the environment;

N) For grants to municipalities with a designated River Edge

Redevelopment Zone, costs associated with demolition within the River Edge Redevelopment Zone; and

O) For grants to municipalities with a designated River Edge

Redevelopment Zone, costs associated with an asbestos study, survey, or abatement conducted within or associated with a




structure or dwelling located within the River Edge Redevelopment Zone, including sample collection and analysis.

3) Costs in amounts up to, but not exceeding, the total amount of the grant

award; 4) Costs incurred on or after the date the grant agreement is executed; 5) Costs incurred without knowing violation of any State or federal law or

regulation; and 6) Costs incurred under a contract or subcontract in conformance with

Section 885.255 of this Part. b) The Agency shall not approve for reimbursement any costs that are not necessary

for completion of the work required under the grant agreement, including but not limited to: 1) Costs or losses resulting from business interruption at the specific site; 2) Costs associated with improperly installed sampling or monitoring wells; 3) Costs associated with improperly collected, transported or analyzed

laboratory samples; 4) Interest or finance costs charged as direct costs; 5) Insurance costs charged as direct costs; 6) Costs associated with an asbestos study, or survey, or abatement

conducted within or associated with a structure or dwelling, including sample collection and analysis, except as provided in subsection (a)(2)(O) of this Section;

7) Costs associated with a lead paint study or survey conducted within or

associated with a structure or dwelling, including sample collection and analysis;




8) Costs associated with demolition, except as provided in subsection (a)(2)(N) of this Section;

9) Costs outside the scope of the Agency-approved project;

10) Costs incurred prior to the execution of the grant agreement; 11) Costs of geotechnical sampling and study; 12) Costs associated with resampling, when it has been determined that such

resampling is necessary due to failure by the consultant to follow standard procedures or advice or direction from the Site Remediation Program; and

13) Costs for expediting of lab analysis of samples, unless approved in

advance by the Agency.

(Source: Amended at 30 Ill. Reg. ______, effective ____________) Section 885.245 Grantee Responsibilities

a) The grantee must submit quarterly progress reports to the Agency, using forms provided by the Agency, during the term of the grant. Each progress report should be a short narrative of the activities performed and the dates they were performed during that quarter. The quarterly progress report must also include, but not be limited to, the following: 1) Date the site was enrolled in the Site Remediation Program and a copy of

the enrollment application; 2) Any change in ownership or intended use of the Brownfields site; 3) Any land use changes within the quarter; and 4) Any deviations from the grant application work plan schedule.

b) The grantee must submit a detailed final report to the Agency at the end of the

grant term. In the final report, the grantee must, at a minimum, describe how the tasks described in the project plan submitted by the grantee have been fulfilled and provide a completed Match Funding Certification, on a form provided by the




Agency, certifying that the required, local match has been met, in accordance with Section 885.200(c) of this Part.

c) If the grantee fails to timely submit quarterly progress reports or a final report, the

Agency may impose any of the sanctions set forth in Subpart C of this Part. d) If a designated River Edge Redevelopment Zone is located within the

municipality, within 10 days after the amendment or decertification of a River Edge Redevelopment Zone pursuant to the River Edge Redevelopment Zone Act the grantee must notify the Agency of the amendment or decertification and provide the Agency with a copy of the amendment or decertification documents.


SUBPART C: NONCOMPLIANCE WITH GRANT CONDITIONS

Section 885.300 Agency Action for Noncompliance with Grant Conditions

a) In addition to such other remedies as may be provided by law, in the event of noncompliance with any condition imposed pursuant to a municipal brownfields redevelopment grant or other violation of this Part, the Agency may: 1) Revoke the grant and recover all grant funds disbursed; 2) Take no action on reimbursement requests; 3) Terminate the grant; 4) Suspend all project work; or 5) Take such other action as the Agency is authorized to take.

b) Noncompliance includes, but is not limited to:

1) Failure to submit a quarterly report or a final report; 2) Failure to deliver or act upon any grant commitment, such as a

commitment to enter into the Site Remediation Program as the remediation applicant;




3) Failure to provide local matching funds, as required under Section 885.200(c); or

4) Failure to limit use of the brownfields site to uses consistent with the end

use designated in the grant application; or.

5) Failure to remediate the brownfields site consistent with the end use designated in the grant application, such as failure to remediate a site with a residential end use to residential cleanup levels.

c) No action shall be taken under this Section without prior oral or written

consultation with the grantee. d) In determining whether to take action and which action to take under this Section,

the Agency shall consider factors including, but not limited to: 1) The severity of the violation(s); 2) The number of violations by the grantee; 3) Whether the violation is a continuing one; 4) Whether the grantee can remedy the violation; and 5) Whether the grantee and any contractor or subcontractor remain capable of

complying with the approved work project. e) Recovery actions under this Section shall be taken pursuant to the Illinois Grant

Funds Recovery Act [30 ILCS 705]. (Source: Amended at 30 Ill. Reg. ______, effective ____________)

Section 885.305 Project Termination by Grantee

a) The grantee may request the termination of an incomplete project for which a grant has been awarded only for good cause.

b) The Agency shall review the grantee's request to terminate a project and make a

finding, no more than 90 days after the date of receipt of the request to terminate, as to good cause. Good cause shall include, but not be limited to:




1) A change in grant program requirements or priorities; 2) Lack of adequate public or private funding for the completion of the

project; or 3) Advancements in technology.

c) If the Agency finds that the grantee's request to terminate the project is for good

cause, it shall terminate the grant, effective upon the date the request to terminate the project was received by the Agency. The grantee may keep all grant funds previously paid.

d) If the Agency finds that the grantee's request to terminate the project is without

good cause, the grant shall be revoked and the grantee shall return to the State all grant funds previously paid. The grantee shall return such funds no more than 30 days after the date the grant is revoked by sending a certified check to the Brownfields Redevelopment Fund.

e) A grantee cannot obtain approval of a request to terminate a project for good

cause by default due to the Agency's failure to act within the time frames set forth in this Section.



POLLUTION CONTROL BOARD


1) Heading of the Part: Tiered Approach to Corrective Action Objectives

2) Code Citation: 35 Ill. Adm. Code 742 3) Section Numbers: Proposed Action:

742.105 Amend 742.110 Amend 742.200 Amend 742.210 Amend 742.220 Amend 742.225 Amend 742.305 Amend 742.320 Amend 742.415 Amend 742.505 Amend 742.510 Amend 742.805 Amend 742.900 Amend 742.1000 Amend 742.1010 Amend 742.1012 Amend 742.1015 Amend 742.1020 Amend 742.APPENDIX A Amend TABLE E Amend TABLE H Amend TABLE I Amend 742.APPENDIX B Amend ILLUSTRATION A Amend TABLE A Amend TABLE B Amend TABLE C Amend TABLE D Amend TABLE E Amend TABLE F Amend 742.APPENDIX C Amend ILLUSTRATION A Amend ILLUSTRATION B Amend ILLUSTRATION C Amend TABLE A Amend




TABLE B Amend TABLE C Amend TABLE D Amend TABLE E Amend TABLE F Amend

TABLE G Amend TABLE H Amend TABLE I Amend TABLE J Amend

TABLE K Amend 742.APPENDIX D New Section 742.APPENDIX E New Section 742.APPENDIX F New Section 742.APPENDIX G New Section 742.APPENDIX H New Section

4) A Complete Description of the Subjects and Issues Involved: For a more detailed

discussion of these amendments see the Board’s September 7, 2006, opinion and order in docket R06-10, Proposed Amendments to Tiered Approach to Corrective Action Objectives (35 Ill. Adm. Code 742). The amendments in this rulemaking are primarily designed to update standards and improve procedures under the Tiered Approach to Corrective Action Objectives (TACO) regulations, and to make numerous corrections and clarifications. The TACO regulations provide methods for developing risk-based remediation objectives to be used in environmental contamination cleanups under several regulatory programs: Leaking Underground Storage Tank (LUST) Program; Site Remediation Program (SRP); and Resource Conservation and Recovery Act (RCRA) Part B Permits and Closure Plans.

The amendments in this rulemaking include the addition of background soil levels as remediation objectives for polynuclear aromatic hydrocarbons (PAHs), newly applicable residential remediation objectives to protect construction workers, and the addition of new mandatory forms to be used for certain institutional controls. Additionally the Board is amending the incorporations by reference to reflect new or updated test methods and technical support documents.

The Board is proposing to add a new subsection (h) to Section 742.105 on TACO applicability, to clarify that landfills cannot use TACO in lieu of the procedures and requirements applicable to landfills under 35 Ill. Adm. Code 807, 811-814. The amendments also propose changes to clarify the use of Highway Authority Agreements (HAAs). These agreements are typically between the highway authority and the property




owner. The amendments are necessary to address when a LUST owner or operator (the person who would receive the no further remediation (NFR) Letter) is not the owner of the property. In addition, the Board is proposing a new instrument as an institutional control (Highway Authority Agreement Memorandum of Agreement or HAA MOA) to address situations where the highway authority is the property owner or LUST owner or operator and contamination remains under the highway. The problem resolved by this amendment is that the highway authority cannot enter into a binding agreement with itself. The HAA MOA would be entered into between the highway authority and the Illinois Environmental Protection Agency (Agency).

Another topic that the Board is addressing in this rulemaking relates to institutional controls. In the hearings the Board held on this rulemaking prior to first notice, the Agency stated that it was aware of at least two instances where ordinances that were approved as institutional controls were later amended or repealed without notice to the Agency. Accordingly, the Board is proposing to add new requirements to alert the Agency of such actions regarding institutional control ordinances. Another amendment to the institutional controls relates to ordinances that are employed to restrict groundwater usage. The Agency testified that under the existing Section 742.320(d), an ordinance could be used to exclude the groundwater ingestion exposure route only if the ordinance effectively prohibits installing and using potable water supply wells within 2,500 feet from the source of the release. The 2,500-foot distance was originally proposed to correspond to the maximum setback zone for a community water supply well under Section 14.3 of the Act (415 ILCS 5/14.3 (2004)). However, sites near a municipal boundary cannot currently use this institutional control where the 2,500-foot radius would extend beyond the municipal boundary, and there is no such ordinance in effect beyond the municipal boundary. To address this issue, the first notice amendments propose to allow use of a groundwater ordinance for any area within the measured and modeled extent of groundwater contamination above what would otherwise be the applicable Tier I groundwater objectives.

The amendments propose to add new institutional control forms to be used by participants in regulatory programs subject to the TACO remediation objectives. These forms are based on model documents that the Agency had posted on its Web site for easy public use. The Agency stated that it would now be appropriate to codify the model documents and formally require their use.

Additionally, the amendments propose to change the existing lead soil remediation objective for the industrial/commercial and construction worker ingestion pathways from 400 milligrams per kilogram (mg/kg) to 800 mg/kg and 700 mg/kg for the industrial/commercial and construction worker ingestion routes, respectively. The




existing remediation level is based on a child’s exposure assumptions; the proposed new levels are more appropriately based on the United States Environmental Protection Agency’s Adult Blood Lead Model.


rulemaking: The PAH levels proposed in this rulemaking are based on two studies performed in 2001 and 2002. The first study was conducted by the City of Chicago in conjunction with the United States Geological Survey (USGS) to assess PAH levels in Chicago ambient soils. A Brownfield Redevelopment Grant was approved for the City of Chicago in July 2000 to allow for the study. The results of the study were presented by Tetra Tech Inc. in Polynuclear Aromatic Hydrocarbon Study, City of Chicago, IL. The second study was conducted by the Electric Power Research Institute (EPRI) in soils statewide, with the results of the study published in Polycyclic Aromatic Hydrocarbons (PAHs) in Surface Soil in Illinois: Background PAHs. The Board is proposing to incorporate both studies by reference in this rulemaking. The following materials were also relied on in the development of this rulemaking, and the Board is proposing to incorporate them by reference into the rule:

ASTM. American Society for Testing and Materials, 100 Barr Harbor Drive, West Conshohocken, PA 19428-2959. (610) 832-9585.

ASTM D 2974-00, Standard Test Methods for Moisture, Ash and Organic Matter of Peat and Other Organic Soils, approved August 10, 2000.

ASTM D 2488-00, Standard Practice for Description and Identification of Soils (Visual-Manual Procedure), approved February 10, 2000.

ASTM D 1556-00, Standard Test Method for Density and Unit Weight of Soil in Place by the Sand-Cone Method, approved March 10, 2000.

ASTM D 2922-01, Standard Test Methods for Density of Soil and Soil-Aggregate in Place by Nuclear Methods (Shallow Depth), approved June 10, 2001.

ASTM D 2937-00e1, Standard Test Method for Density of Soil in Place by the Drive-Cylinder Method, approved June 10, 2000.

ASTM D 854-02, Standard Test Methods for Specific Gravity of Soil Solids by Water Pycnometer, approved July 10, 2002.




ASTM D 2216-98, Standard Test Method for Laboratory Determination of Water (Moisture) Content of Soil and Rock by Mass, approved February 10, 1998.

ASTM D 4959-00, Standard Test Method for Determination of Water (Moisture) Content of Soil by Direct Heating, approved March 10, 2000.

ASTM D 4643-00, Standard Test Method for Determination of Water (Moisture) Content of Soil by the Microwave Oven Method, approved February 10, 2000.

ASTM D 5084-03, Standard Test Methods for Measurement of Hydraulic Conductivity of Saturated Porous Materials Using a Flexible Wall Permeameter, approved November 1, 2003.

ASTM D 422-63 (2002), Standard Test Method for Particle-Size Analysis of Soils, approved November 10, 2002.

ASTM D 1140-00, Standard Test Methods for Amount of Material in Soils Finer than the No. 200 (75 µm) Sieve, approved June 10, 2000.

ASTM D 3017-01, Standard Test Method for Water Content of Soil and Rock in Place by Nuclear Methods (Shallow Depth), approved June 10, 2001. ASTM D 4525-90 (2001), Standard Test Method for Permeability of Rocks by Flowing Air, approved May 25, 1990. ASTM D 2487-00, Standard Classification of Soils for Engineering Purposes (Unified Soil Classification System), approved March 10, 2000. ASTM D 1527-00, Standard Practice for Environmental Site Assessments: Phase I Environmental Site Assessment Process, approved May 10, 2000. ASTM E 1739-95 (2002), Standard Guide for Risk-Based corrective Action Applied at Petroleum Release Sites, approved September 10, 1995. GPO. Superintendent of Documents, U.S. Government Printing Office, Washington, DC 20401, (202) 783-3238.

"Test Methods for Evaluating Solid Waste, Physical/Chemical Methods", USEPA Publication number SW-846 (Third Edition, Final Update IIIA, April 1998), as amended by Updates I, IIA, III, and IIIA (Document No. 955-001-00000-1).




"Methods for the Determination of Organic Compounds in Drinking Water, Supplement I", EPA Publication No. EPA/600/4-90/020 (July 1990). "Guidance for Data Quality Assessment, Practical Methods for Data Analysis, EPA QA/G-9, QAOO Update," EPA/600/R-96/084 (July 2000). Available at www.epa.gov/quality/qs-docs/g9-final.pdf. NTIS. National Technical Information Service, 5285 Port Royal Road, Springfield, VA 22161, (703) 487-4600. "Calculating Upper Confidence Limits for Exposure Point Concentrations at Hazardous Waste Sites", USEPA Office of Emergency and Remedial Response, OSWER 9285/6-10 (December 2002), PB 2003-104982. "Exposure Factors Handbook, Vol. I: General Factors", EPA Publication No. EPA/600/P-95/002Fa (August 1997). "Exposure Factors Handbook, Vol. II: Food Ingestion Factors", EPA Publication No. EPA/600/P-95/002Fb (August 1997).

"Exposure Factors Handbook, Vol. III: Activity Factors", EPA Publication No. EPA/600/P-95/002Fc (August 1997).

"Risk Assessment Guidance for Superfund, Vol. I: Human Health Evaluation Manual (Part E, Supplemental Guidance for Dermal Risk Assessment) Interim", EPA Publication No. EPA/540/R/99/005 (September 2001).

"Supplemental Guidance for Developing Soil Screening Levels for Superfund Sites", OSWER Directive 9355.4-24 (December 2002).

United States Environmental Protection Agency, Office of Environmental Information (2000). "Guidance for Data Quality Assessment, Practical Methods for Data Analysis", EPA QA/G-9, QAOO update. EPA Publication No. EPA/600/R-96-084. (Available online at www.epa.gov/oswer/riskassessment/pdf/ucl.pdf).

The following reports or studies were also used in the development of this rulemaking, but the Board is not proposing to incorporate them by reference into the rule itself:




IRIS. Integrated Risk Information System, National Center for Environmental Assessment, U.S. Environmental Protection Agency, 26 West Martin Luther King Drive, MS-190, Cincinnati, OH 45268, (513) 569-7254.

Reference Dose for Chronic Oral Exposure (RfD): Acetone (CASRN 67-64-1) (July 31, 2003). Available online at www.epa.gov/iris/subst/0128.htm.

Reference Dose for Chronic Oral Exposure (RfD): Boron and Compounds (CASRN 7440-42-8)(August 5, 2004). Available online at www.epa.gov/iris/subst/0410.htm.

Reference Dose for Chronic Oral Exposure (RfD): 1,2-Dibromoethane (CASRN 106-93-4)(July 29, 2004). Available online at www.epa.gov/iris/subst/0361.htm

Reference Dose for Chronic Oral Exposure (RfD): 1,1-Dichloroethylene (CASRN 75-35-4)(August 13, 2002). Available online at www.epa.gov/iris/subst/0039.htm.

Reference Dose for Chronic Oral Exposure (RfD): Phenol (CASRN 108-95-2)(September 30, 2002). Available online at www.epa.gov/iris/subst/0088.htm.

Reference Dose for Chronic Oral Exposure (RfD): Xylenes (CASRN 1330-20-7)(File first online September 30, 1987, last revised February 21, 2003). Available online at www.epa.gov/iris/subst 0270.htm.

United States Environmental Protection Agency, Office of Air and Radiation (1999). "Understanding Variation In Partition Coefficient, Kd, Values. Volume II: Review of Geochemistry And Available Kd Values For Cadmium, Cesium, Chromium, Lead, Plutonium, Radon, Strontium, Thorium, Tritium (3H), And Uranium" EPA Publication No. EPA/402/R-99-004B August 1999.

6) Will this rulemaking replace any emergency rulemaking currently in effect? No 7) Does this rulemaking contain an automatic repeal date? No 8) Does this rulemaking contain incorporations by reference? Yes 9) Are there any other proposed rulemakings pending on this Part? No 10) Statement of Statewide Policy Objectives: This proposed rule does not create or enlarge

a State mandate, as defined in Section 3(b) of the State Mandates Act. [30 ILCS 805/3(b) (2004)].




11) Time, Place, and Manner in which interested persons may comment on this proposed rulemaking: The Board will accept written public comment on this proposal for 45 days after the date of publication in the Illinois Register. Comments should reference Docket R06-10 and be addressed to:

Clerk's Office Illinois Pollution Control Board 100 W. Randolph St., Suite 11-500 Chicago, IL 60601

Interested persons may request copies of the Board’s opinion and order by calling Dorothy Gunn at 312-814-3620, or download from the Board's Web site at www.ipcb.state.il.us.

For more information contact Richard McGill at 312/814-6983 or email at [email protected].


A) Types of small businesses, small municipalities and not for profit corporations affected: This rulemaking would impact any small businesses, small municipalities and not for profit corporations participating in regulatory programs subject to TACO remediation objectives.

B) Reporting, bookkeeping or other procedures required for compliance: This

rulemaking does not impose additional bookkeeping requirements beyond those already required by the existing rules. The amendments do propose new forms to be used in conjunction with certain institutional controls: HAA, HAA MOA, Environmental Land Use Control (ELUC), and Memorandum of Understanding (MOU). The forms are found in the proposed new TACO Appendices D (HAA), E (HAA MOA), F (ELUC), and H (MOU) and are cross-referenced in the rule text.

C) Types of Professional skills necessary for compliance: No professional skills

beyond those currently required by the existing state regulations applicable to affected sources will be required.

13) Regulatory Agenda on which this rulemaking was summarized: July 2006 The full text of the Proposed Amendments begins on the next page:




TITLE 35: ENVIRONMENTAL PROTECTION SUBTITLE G: WASTE DISPOSAL

CHAPTER I: POLLUTION CONTROL BOARD SUBCHAPTER f: RISK BASED CLEANUP OBJECTIVES

PART 742

TIERED APPROACH TO CORRECTIVE ACTION OBJECTIVES

SUBPART A: INTRODUCTION

Section 742.100 Intent and Purpose 742.105 Applicability 742.110 Overview of Tiered Approach 742.115 Key Elements 742.120 Site Characterization

SUBPART B: GENERAL

Section 742.200 Definitions 742.205 Severability 742.210 Incorporations by Reference 742.215 Determination of Soil Attenuation Capacity 742.220 Determination of Soil Saturation Limit 742.225 Demonstration of Compliance with Remediation Objectives 742.230 Agency Review and Approval

SUBPART C: EXPOSURE ROUTE EVALUATIONS

Section 742.300 Exclusion of Exposure Route 742.305 Contaminant Source and Free Product Determination 742.310 Inhalation Exposure Route 742.315 Soil Ingestion Exposure Route 742.320 Groundwater Ingestion Exposure Route

SUBPART D: DETERMINING AREA BACKGROUND

Section




742.400 Area Background 742.405 Determination of Area Background for Soil 742.410 Determination of Area Background for Groundwater 742.415 Use of Area Background Concentrations

SUBPART E: TIER 1 EVALUATION

Section 742.500 Tier 1 Evaluation Overview 742.505 Tier 1 Soil and Groundwater Remediation Objectives 742.510 Tier 1 Remediation Objectives Tables

SUBPART F: TIER 2 GENERAL EVALUATION

Section 742.600 Tier 2 Evaluation Overview 742.605 Land Use 742.610 Chemical and Site Properties

SUBPART G: TIER 2 SOIL EVALUATION Section 742.700 Tier 2 Soil Evaluation Overview 742.705 Parameters for Soil Remediation Objective Equations 742.710 SSL Soil Equations 742.715 RBCA Soil Equations 742.720 Chemicals with Cumulative Noncarcinogenic Effects

SUBPART H: TIER 2 GROUNDWATER EVALUATION

Section 742.800 Tier 2 Groundwater Evaluation Overview 742.805 Tier 2 Groundwater Remediation Objectives 742.810 Calculations to Predict Impacts from Remaining Groundwater Contamination

SUBPART I: TIER 3 EVALUATION

Section 742.900 Tier 3 Evaluation Overview 742.905 Modifications of Parameters 742.910 Alternative Models




742.915 Formal Risk Assessments 742.920 Impractical Remediation 742.925 Exposure Routes 742.930 Derivation of Toxicological Data

SUBPART J: INSTITUTIONAL CONTROLS

Section 742.1000 Institutional Controls 742.1005 No Further Remediation Letters 742.1010 Environmental Land Use Controls 742.1012 Federally Owned Property: Land Use Control MemorandaMemorandums of

Agreement 742.1015 Ordinances 742.1020 Highway Authority Agreements and Highway Authority Agreement Memoranda

of Agreement

SUBPART K: ENGINEERED BARRIERS

Section 742.1100 Engineered Barriers 742.1105 Engineered Barrier Requirements 742.APPENDIX A General

742.ILLUSTRATION A Developing Soil Remediation Objectives Under the Tiered Approach

742.ILLUSTRATION B Developing Groundwater Remediation Objectives Under the Tiered Approach

742.TABLE A Soil Saturation Limits (Csat) Melting Point is Less Than 30°C

742.TABLE B Tolerance Factor (K) 742.TABLE C Coefficients {AN-I+1} for W Test of Normality, for

N=2(1)50 742.TABLE D Percentage Points of the W Test for n=3(1)50 742.TABLE E Similar-Acting Noncarcinogenic Chemicals 742.TABLE F Similar-Acting Carcinogenic Chemicals 742.TABLE G Concentrations of Inorganic Chemicals in Background

Soils 742.TABLE H Concentrations of Polynuclear Aromatic Hydrocarbon

Chemicals in Background Soils




742.TABLE I Chemicals Whose Tier 1 Class I Groundwater Remediation Objective Exceeds the 1 in 1,000,000 Cancer Risk Concentration

742.APPENDIX B Tier 1 Illustrations and Tables and Illustrations 742.ILLUSTRATION A Tier 1 Evaluation 742.TABLE A Tier 1 Soil Remediation Objectives for Residential

Properties 742.TABLE B Tier 1 Soil Remediation Objectives for

Industrial/Commercial Properties 742.TABLE C pH Specific Soil Remediation Objectives for Inorganics and

Ionizing Organics for the Soil Component of the Groundwater Ingestion Route (Class I Groundwater)

742.TABLE D pH Specific Soil Remediation Objectives for Inorganics and Ionizing Organics for the Soil Component of the Groundwater Ingestion Route (Class II Groundwater)

742.TABLE E Tier 1 Groundwater Remediation Objectives for the Groundwater Component of the Groundwater Ingestion Route

742.TABLE F Values Used to Calculate the Tier 1 Soil Remediation Objectives for the Soil Component of the Groundwater Ingestion Route

742.APPENDIX C Tier 2 Illustrations and Tables and Illustrations 742.ILLUSTRATION A Tier 2 Evaluation for Soil 742.ILLUSTRATION B Tier 2 Evaluation for Groundwater 742.ILLUSTRATION C US Department of Agriculture Soil Texture Classification 742.TABLE A SSL Equations 742.TABLE B SSL Parameters 742.TABLE C RBCA Equations 742.TABLE D RBCA Parameters 742.TABLE E Default Physical and Chemical Parameters 742.TABLE F Methods for Determining Physical Soil Parameters 742.TABLE G Error Function (erf) 742.TABLE H Q/C Values byBy Source Area 742.TABLE I Koc Values for Ionizing Organics as a Function of pH

(cm3/g or L/kg or cm3water / gsoil)

742.TABLE J Values to be Substituted for kd or ks when Evaluating Inorganics as a Function of pH (cm3/g or L/kg or cm3

water / gsoil)

742.TABLE K Parameter Estimates for Calculating Water-Filled Soil Porosity (θW)




742.APPENDIX D Highway Authority Agreement 742.APPENDIX E Highway Authority Agreement Memorandum of

Agreement 742.APPENDIX F Environmental Land Use Control 742.APPENDIX G Model Ordinance 742.APPENDIX H Memorandum of Understanding

AUTHORITY: Implementing Sections 22.4, 22.12, Title XVI, and Title XVII and authorized by Sections 27 and 58.5 of the Environmental Protection Act [415 ILCS 5/22.4, 22.12, 27, and 58.5 and Title XVI and Title XVII]. SOURCE: Adopted in R97-12(A) at 21 Ill. Reg. 7942, effective July 1, 1997; amended in R97-12(B) at 21 Ill. Reg. 16391, effective December 8, 1997; amended in R97-12(C) at 22 Ill. Reg. 10847, effective June 8, 1998; amended in R00-19(A) at 25 Ill. Reg. 651, effective January 6, 2001; amended in R00-19(B) at 25 Ill. Reg. 10374, effective August 15, 2001; amended in R00-19(C) at 26 Ill. Reg. 2683, effective February 5, 2002; amended at 30 Ill. Reg. ______, effective ____________.

SUBPART A: INTRODUCTION Section 742.105 Applicability

a) Any person, including a person required to perform an investigation pursuant to the Illinois Environmental Protection Act [(415 ILCS 5]) (Act), may elect to proceed under this Part to the extent allowed by State or federal law and regulations and the provisions of this Part and subject to the exceptions listed in subsection (h) below. A person proceeding under this Part may do so to the extent such actions are consistent with the requirements of the program under which site remediation is being addressed.

b) This Part is to be used in conjunction with the procedures and requirements

applicable to the following programs: 1) Leaking Underground Storage Tanks (35 Ill. Adm. Code 731, and 732,

and 734); 2) Site Remediation Program (35 Ill. Adm. Code 740); and 3) RCRA Part B Permits and Closure Plans (35 Ill. Adm. Code 724 and 725).




c) The procedures in this Part may not be used if their use would delay response action to address imminent and substantial threats to human health and the environment. This Part may only be used after actions to address such threats have been completed.

d) This Part may be used to develop remediation objectives to protect surface waters,

sediments or ecological concerns, when consistent with the regulations of other programs, and as approved by the Agency.

e) A no further remediation determination issued by the Agency prior to July 1, 1997

pursuant to Section 4(y) of the Act or one of the programs listed in subsection (b) of this Section that approves completion of remedial action relative to a release shall remain in effect in accordance with the terms of that determination.

f) Site specific groundwater remediation objectives determined under this Part for

contaminants of concern may exceed the groundwater quality standards established pursuant to the rules promulgated under the Illinois Groundwater Protection Act [(415 ILCS 55]) as long as done in accordance with Sections 742.805 and 742.900(c)(9). (See 415 ILCS 5/58.5(d)(4)

g) Where contaminants of concern include polychlorinated byphenyls (PCBs), a

person may need to evaluate the applicability of regulations adopted under the Toxic Substances Control Act (15 U.S.C. 2601).

h) This Part may not be used in lieu of the procedures and requirements applicable to

landfills under 35 Ill. Adm. Code 807 or 811 through 814. (Source: Amended at 30 Ill. Reg. ______, effective ____________)

Section 742.110 Overview of Tiered Approach

a) This Part presents an approach for developing remediation objectives (see Appendix A, Illustrations A and B) that include an option for exclusion of pathways from further consideration, use of area background concentrations as remediation objectives and three tiers for selecting applicable remediation objectives. An understanding of human exposure routes is necessary to properly conduct an evaluation under this approach. In some cases, applicable human exposure route(s) can be excluded from further consideration prior to any tier evaluation. Selecting which tier or combination of tiers to be used to develop remediation objectives is dependent on the site-specific conditions and




remediation goals. Tier 1 evaluations and Tier 2 evaluations are not prerequisites to conducting Tier 3 evaluations.

b) A Tier 1 evaluation compares the concentration of contaminants detected at a site

to the corresponding remediation objectives for residential and industrial/commercial properties contained in Appendix B, Tables A, B, C, D and E. To complete a Tier 1 evaluation, the extent and concentrations of the contaminants of concern, the groundwater class, the land use classification, human exposure routes at the site, and, if appropriate, soil pH, must be known. If remediation objectives are developed based on industrial/commercial property use, then institutional controls under Subpart J are required.

c) A Tier 2 evaluation uses the risk based equations from the Soil Screening Level

(SSL) and Risk Based Corrective Action (RBCA) documents listed in Appendix C, Tables A and C, respectively. In addition to the information that is required for a Tier 1 evaluation, site-specific information is used to calculate Tier 2 remediation objectives. As in Tier 1, Tier 2 evaluates residential and industrial/commercial properties only. If remediation objectives are developed based on industrial/commercial property use, then institutional controls under Subpart J are required.

d) A Tier 3 evaluation allows alternative parameters and factors, not available under

a Tier 1 or Tier 2 evaluation, to be considered when developing remediation objectives. Remediation objectives developed for conservation and agricultural properties can only be developed under Tier 3.

e) Remediation objectives may be developed using area background concentrations

or any of the three tiers if the evaluation is conducted in accordance with applicable requirements in Subparts D through I. When contaminant concentrations do not exceed remediation objectives developed under one of the tiers or area background procedures under Subpart D, further evaluation under any of the other tiers is not required.


SUBPART B: GENERAL

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. "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. "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 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. 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.

"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.

"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. (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. "Land Use Control MemorandaMemorandums 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 vaults, building foundations, basements, crawl spaces, drainage ditches, or previously excavated and filled areas. [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 practice. (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.

"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/m3), 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]

"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]

"Right of Way" means the land, or interest therein, acquired for or devoted to a




highway. (Illinois Highway Code [605 ILCS 5/2-217]) "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 Saturation Limit" or "Csat"C[sat] means the contaminant concentration at

which soil pore air and pore water are saturated with the chemical and the adsorptive limits of the soil particles have been reached.

"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. 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].

"Volatile Organic Compounds" or "(VOCs)" means organic chemical analytes

identified as volatiles as published in "Test Methods for Evaluating Solid Waste, Physical/Chemical Methods", USEPA Publication No. SW-846 (incorporated by reference in Section 742.210), method numbers 8010, 8011, 8015B8015, 8021B8020, 8030, 8031, 8260B8240, 8260, 8315A8315, and 8316. For analytes not listed in any category in those methods, those analytes which have a boiling point less than 200°C and a vapor pressure greater than 0.1 Torr (mm Hg) at 20°C.


Section 742.210 Incorporations by Reference

a) The Board incorporates the following material by reference: ASTM. American Society for Testing and Materials, 100 Barr Harbor Drive,

West Conshohocken, PA 19428-2959, (610) 832-9585.1916 Race Street, Philadelphia, PA 19103 (215) 299-5400.

ASTM D 2974-0087, Standard Test Methods for Moisture, Ash and

Organic Matter of Peat and Other Organic Soils, approved August 10,




2000May 29, 1987 (reapproved 1995). ASTM D 2488-0093, Standard Practice for Description and Identification

of Soils (Visual-Manual Procedure), approved February 10, 2000September 15, 1993.

ASTM D 1556-0090, Standard Test Method for Density and Unit Weight

of Soil in Place by the Sand-Cone Method, approved March 10, 2000June 29, 1990.

ASTM D 2167-94, Standard Test Method for Density and Unit Weight of

Soil in Place by the Rubber Balloon Method, approved March 15, 1994. ASTM D 2922-0191, Standard Test Methods for Density of Soil and Soil-

Aggregate in Place by Nuclear Methods (Shallow Depth), approved June 10, 2001December 23, 1991.

ASTM D 2937-00e194, Standard Test Method for Density of Soil in Place

by the Drive-Cylinder Method, approved June 10, 2000June 15, 1994. ASTM D 854-0292, Standard Test MethodsMethod for Specific Gravity

of Soil Solids by Water PycnometerSoils, approved July 10, 2002November 15, 1992.

ASTM D 2216-9892, Standard Test Method for Laboratory Determination

of Water (Moisture) Content of Soil and Rock by Mass, approved February 10, 1998June 15, 1992.

ASTM D 4959-0089, Standard Test Method for Determination of Water

(Moisture) Content of Soil by Direct Heating Method, approved February10, 1998June 30, 1989 (reapproved 1994).

ASTM D 4643-0093, Standard Test Method for Determination of Water

(Moisture) Content of Soil by the Microwave Oven Method, approved February 10, 2000July 15, 1993.

ASTM D 5084-0390, Standard Test MethodsMethod for Measurement of

Hydraulic Conductivity of Saturated Porous Materials Using a Flexible Wall Permeameter, approved November 1, 2003June 29, 1990.




ASTM D 422-63 (2002), Standard Test Method for Particle-Size Analysis of Soils, approved November 10, 2002November 21, 1963 (reapproved 1990).

ASTM D 1140-0092, Standard Test MethodsMethod for Amount of

Material in Soils Finer than the No. 200 (75 µm) Sieve, approved June 10, 2000November 15, 1992.

ASTM D 3017-0188, Standard Test Method for Water Content of Soil and

Rock in Place by Nuclear Methods (Shallow Depth), approved June 10, 2001May 27, 1988.

ASTM D 4525-90 (2001), Standard Test Method for Permeability of

Rocks by Flowing Air, approved May 25, 1990. ASTM D 2487-0093, Standard Test Method for Classification of Soils for

Engineering Purposes (Unified Soil Classification System), approved March 10, 2000September 15, 1993.

ASTM E 1527-0093, Standard Practice for Environmental Site

Assessments: Phase I Environmental Site Assessment Process, approved May 10, 2000March 15, 1993. Vol. 11.04.

ASTM E 1739-95 (2002), Standard Guide for Risk-Based Corrective

Action Applied at Petroleum Release Sites, approved September 10, 1995.

Barnes, Donald G. and Dourson, Michael. (1988). Reference Dose (RfD): Description and Use in Health Risk Assessments. Regulatory Toxicology and Pharmacology. 8, 471-486.

GPO. Superintendent of Documents, U.S. Government Printing Office,

Washington, DC 20401, (202) 783-3238.

USEPA Guidelines for Carcinogenic Risk Assessment, 51 Fed. Reg. 33992-34003 (September 24, 1986).

"Test Methods for Evaluating Solid Waste, Physical/Chemical Methods",

USEPA Publication number SW-846 (Third Edition, Final Update IIIA, April 1998), as amended by Updates I, IIA, III, and IIIA (Document No. 955-001-00000-1).




"Methods for the Determination of Organic Compounds in Drinking

Water", EPA Publication No. EPA/600/4-88/039 (December 1988 (Revised July 1991)).

"Methods for the Determination of Organic Compounds in Drinking Water, Supplement I", EPA Publication No. EPA/600/4-90/020 (July 1990).


Water, Supplement II", EPA Publication No. EPA/600/R-92/129 (August 1992).


Water, Supplement III", EPA Publication No. EPA/600/R-95/131 (August 1995).

"Guidance for Data Quality Assessment, Practical Methods for Data Analysis, EPA QA/G-9, QAOO Update," EPA/600/R-96/084 (July 2000). Available at www.epa.gov/quality/qs-docs/g9-final.pdf.

IRIS. Integrated Risk Information System, National Center for Environmental

Assessment, U.S. Environmental Protection Agency, 26 West Martin Luther King Drive, MS-190, Cincinnati, OH 45268, (513) 569-7254.

"Reference Dose (RfD): Description and Use in Health Risk

Assessments", Background Document 1A (March 15, 1993). "EPA Approach for Assessing the Risks Associated with Chronic

Exposures to Carcinogens", Background Document 2 (January 17, 1992).

Nelson, D.W., and L.E. Sommers. (1982). Total carbon, organic carbon, and organic matter. In: A.L. Page (ed.), Methods of Soil Analysis. Part 2. Chemical and Microbiological Properties. 2nd Edition, pp. 539-579, American Society of Agronomy. Madison, WI.

NTIS. National Technical Information Service, 5285 Port Royal Road,

Springfield, VA 22161, (703) 487-4600.

"Calculating Upper Confidence Limits for Exposure Point Concentrations




at Hazardous Waste Sites," USEPA Office of Emergency and Remedial Response, OSWER 9285.6-10 (December 2002), PB 2003-104982.

"Exposures Factors Handbook, Vol. I: General Factors", EPA Publication No. EPA/600/P-95/002Fa (August 1997).

"Exposures Factors Handbook, Vol. II: Food Ingestion Factors", EPA Publication No. EPA/600/P-95/002Fb (August 1997).

"Exposures Factors Handbook, Vol. III: Activity Factors", EPA Publication No. EPA/600/P-95/002Fc (August 1997)

"Dermal Exposure Assessment: Principles and Applications", EPA

Publication No. EPA/600/8-91/011B (January 1992). "Exposure Factors Handbook", EPA Publication No. EPA/600/8-89/043

(July 1989). "Risk Assessment Guidance for Superfund, Vol. I:; Human Health

Evaluation Manual, Supplemental Guidance: Standard Default Exposure Factors", OSWER Directive 9285.6-03 (March 1991).

"Rapid Assessment of Exposure to Particulate Emissions from Surface

Contamination Sites," EPA Publication No. EPA/600/8-85/002 (February 1985), PB 85-192219.

"Risk Assessment Guidance for Superfund, Volume I; Human Health

Evaluation Manual (Part A)", Interim Final, EPA Publication No. EPA/540/1-89/002 (December 1989).

"Risk Assessment Guidance for Superfund, Volume I; Human Health

Evaluation Manual, Supplemental Guidance, Dermal Risk Assessment Interim Guidance", Draft (August 18, 1992).

"Risk Assessment Guidance for Superfund, Vol. I: Human Health Evaluation Manual (Part E, Supplemental Guidance for Dermal Risk Assessment) Interim", EPA Publication No. EPA/540/R/99/005 (September 2001).

"Soil Screening Guidance: Technical Background Document", EPA




Publication No. EPA/540/R-95/128, PB 96-963502 (May 1996). "Soil Screening Guidance: User's Guide", EPA Publication No.

EPA/540/R-96/018, PB 96-963505 (April 1996). "Superfund Exposure Assessment Manual", EPA Publication No.

EPA/540/1-88/001 (April 1988).

"Supplement Guidance for Developing Soil Screening Levels for Superfund Sites", OSWER Directive 9355.4-24 (December 2002).

Polynuclear Aromatic Hydrocarbon Background Study, City of Chicago, Illinois, Tetra Tech Em Inc., 200 E. Randolph Drive, Suite 4700, Chicago, IL 60601, February 24, 2003. Polycyclic Aromatic Hydrocarbons (PAHs) in Surface Soil in Illinois: Background PAHs, EPRI, Palo Alto, CA, We Energies, Milwaukee, WI, and IEPA, Springfield, IL: 2004. 1011376. EPRI, 3412 Hillview Avenue, Palo Alto, CA 94304, (800) 313-3774.

RCRA Facility Investigation Guidance, Interim Final, developed by USEPA (EPA 530/SW-89-031), 4 volumes (May 1989).

United States Environmental Protection Agency, Office of Environmental Information (2000). "Guidance for Data Quality Assessment, Practical Methods for Data Analysis," EPA QA/G-9, QAOO update. EPA Publication No. EPA/600/R-96-084. (Available on line at www.epa.gov/oswer/riskassessment/pdf/ucl.pdf).

b) CFR (Code of Federal Regulations). Available from the Superintendent of

Documents, U.S. Government Printing Office, Washington, D.C. 20402 (202)783-3238: 40 CFR 761 (1998).

c) This Section incorporates no later editions or amendments. (Source: Amended at 30 Ill. Reg. ______, effective ____________)

Section 742.215 Determination of Soil Attenuation Capacity




a) The concentrations of organic contaminants of concern remaining in the soil shall

not exceed the attenuation capacity of the soil, as determined under subsection (b) of this Section.

b) The soil attenuation capacity is not exceeded if:

1) The sum of the organic contaminant residual concentrations analyzed for

the purposes of the remediation program for which the analysis is performed, at each discrete sampling point, is less than the natural organic carbon fraction of the soil. If the information relative to the concentration of other organic contaminants is available, such information shall be included in the sum. The natural organic carbon fraction (foc) shall be either:

A) A default value of 6000 mg/kg for soils within the top meter and

2000 mg/kg for soils below one meter of the surface; or B) A site-specific value as measured by the analytical method

referenced in Appendix C, Table F, multiplied by 0.58 to estimate the fraction of organic carbon, as stated inASTM D2974-87, Nelson and Sommers (1982) or by SW-846 Method 9060: Total Organic Carbon, as incorporated by reference in Section 742.210;

2) The total petroleum hydrocarbon concentration is less than the natural

organic carbon fraction of the soil as demonstrated using a method approved by the Agency. The method selected shall be appropriate for the contaminants of concern to be addressed; or

3) Another method, approved by the Agency, shows that the soil attenuation

capacity is not exceeded.

(Source: Amended at 30 Ill. Reg. ______, effective ____________) Section 742.220 Determination of Soil Saturation Limit

a) For any organic contaminant that has a melting point below 30°C, the remediation objective for the inhalation exposure route developed under Tier 2 shall not exceed the soil saturation limit, as determined under subsection (c) of this Section.




b) For any organic contaminant that has a melting point below 30°C, the remediation objective under Tier 2 for the soil component of the groundwater ingestion exposure route shall not exceed the soil saturation limit, as determined under subsection (c) of this Section.

c) The soil saturation limit shall be:

1) The value listed in Appendix A, Table A for that specific contaminant; 2) A value derived from Equation S29 in Appendix C, Table A; or 3) A value derived from another method approved by the Agency.

(Source: Amended at 30 Ill. Reg. ______, effective ____________) Section 742.225 Demonstration of Compliance with Remediation Objectives Compliance is achieved if each sample result does not exceed that respective remediation objective unless a person elects to proceed under subsections (c), (d) and (e) of this Section.

a) Compliance with groundwater remediation objectives developed under Subparts D through F and H through I shall be demonstrated by comparing the contaminant concentrations of discrete samples at each sample point to the applicable groundwater remediation objective. Sample points shall be determined by the program under which remediation is performed.

b) Unless the person elects to composite samples or average sampling results as

provided in subsections (c) and (d) of this Section, compliance with soil remediation objectives developed under Subparts D through G and I shall be demonstrated by comparing the contaminant concentrations of discrete samples to the applicable soil remediation objective. 1) Except as provided in subsections (c) and (d) of this Section, compositing

of samples is not allowed. 2) Except as provided in subsections (c) and (d) of this Section, averaging of

sample results is not allowed. 3) Notwithstanding subsections (c) and (d) of this Section, compositing of

samples and averaging of sample results is not allowed for the




construction worker population. 4) The number of sampling points required to demonstrate compliance is

determined by the requirements applicable to the program under which remediation is performed.

c) If a person chooses to composite soil samples or average soil sample results to

demonstrate compliance relative to the soil component of the groundwater ingestion exposure route, the following requirements apply: 1) A minimum of two sampling locations for every 0.5 acre of contaminated

area is required, with discrete samples at each sample location obtained at every two feet of depth, beginning at six inches below the ground surface for surface contamination and at the upper limit of contamination for subsurface contamination and continuing through the zone of contamination. Alternatively, a sampling method may be approved by the Agency based on an appropriately designed site-specific evaluation. Samples obtained at or below the water table shall not be used in compositing or averaging.

2) For contaminants of concern other than volatile organic contaminants:

A) Discrete samples from the same boring may be composited. B) Discrete sample results from the same boring may be averaged.

3) For volatile organic contaminants:

A) Compositing of samples is not allowed. B) Discrete sample results from the same boring may be averaged.

4) Composite samples may not be averaged. An arithmetic average may be

calculated for discrete samples collected at every two feet of depth through the zone of contamination as specified in subsection (c)(1) of this Section.

d) If a person chooses to composite soil samples or average soil sample results to

demonstrate compliance relative to the inhalation exposure route or ingestion exposure route, the following requirements apply:




1) A person shall submit a sampling plan for Agency approval, based upon a

site-specific evaluation; 2) For volatile organic compounds, compositing of samples is not allowed;

and 3) All samples shall be collected within the contaminated area;.

4) Composite samples may not be averaged. Procedures specified in

"Calculating Upper Confidence Limits for Exposure Point Concentrations at Hazardous Waste Sites", USEPA Office of Emergency and Remedial Response, OSWER 9285.6-10 (December 2002), as incorporated by reference in Section 742.210, or an alternative procedure approved by the Agency, shall be used to determine sample averages.

e) When averaging under this Section, if no more than 15%50% of sample results

are reported as "non-detect", "no contamination", "below detection limits", or similar terms, such results shall be included in the averaging calculationscalculation as one-half of the reported analytical detection limit for the contaminant. However, when performing a test for normal or lognormal distribution for the purpose of calculating a 95% Upper Confidence Limit of the mean for a contaminant, a person may substitute for each non-detect value a randomly generated value between, but not including, zero and the reported analytical detection limit. If more than 15%50% of sample results are "non-detect", procedures specified in "Guidance for Data Quality Assessment, Practical Methods for Data Analysis, EPA QA/G-9, QA00 Update", EPA/600/R-96/084 (July 2000), as incorporated by reference in Section 742.210, or an alternative procedure approved by the Agency shall be used to address the non-detect values, or another statistically valid procedure approved by the Agency may be used to determine an average.

f) All soil samples collected after August 15, 2001 the effective date of this

subsection (f) shall be reported on a dry weight basis for the purpose of demonstrating compliance, with the exception of the TCLP and SPLP and the property pH.


SUBPART C: EXPOSURE ROUTE EVALUATIONS




Section 742.305 Contaminant Source and Free Product Determination No exposure route shall be excluded from consideration relative to a contaminant of concern unless the following requirements are met:

a) The sum of the concentrations of all organic contaminants of concern shall not exceed the attenuation capacity of the soil as determined under Section 742.215;

b) The concentrations of any organic contaminants of concern remaining in the soil

shall not exceed the soil saturation limit as determined under Section 742.220; c) Any soil which contains contaminants of concern shall not exhibit any of the

characteristics of reactivity for hazardous waste as determined under 35 Ill. Adm. Code 721.123;

d) Any soil which contains contaminants of concern shall not exhibit a pH less than

or equal to 2.0 or greater than or equal to 12.5, as determined by SW-846 Method 9040B: pH Electrometric for soils with 20% or greater aqueous (moisture) content or by SW-846 Method 9045C: Soil pH for soils with less than 20% aqueous (moisture) content as incorporated by reference in Section 742.210;

e) Any soil which contains contaminants of concern in the following list of inorganic

chemicals or their salts shall not exhibit any of the characteristics of toxicity for hazardous waste as determined by 35 Ill. Adm. Code 721.124, or an alternative method approved by the Agency: arsenic, barium, cadmium, chromium, lead, mercury, selenium or silver; and

f) If contaminants of concern include polychlorinated biphenyls (PCBs), the

concentration of any PCBs in the soil shall not exceed 50 parts per million as determined by SW-846 Methods.


Section 742.320 Groundwater Ingestion Exposure Route The groundwater ingestion exposure route may be excluded from consideration if:

a) The requirements of Sections 742.300 and 742.305 are met;




b) The corrective action measures have been completed to remove any free product to the maximum extent practicable;

c) The source of the release is not located within the minimum or designated

maximum setback zone or within a regulated recharge area of a potable water supply well;

d) As demonstrated in accordance with Section 742.1015, for any area within the

measured and modeled extent of groundwater contamination above what would otherwise be the applicable Tier 1 groundwater remediation objectives,for any area within 2500 feet from the source of the release, an ordinance adopted by a unit of local government is in place that effectively prohibits the installation of potable water supply wells (and the use of such wells);

e) As demonstrated using Equation R26, in Appendix C, Table C, in accordance

with Section 742.810, the concentration of any contaminant of concern in groundwater within the minimum or designated maximum setback zone of an existing potable water supply well will meet the applicable Tier 1 groundwater remediation objective; and

f) As demonstrated using Equation R26, in Appendix C, Table C, in accordance

with Section 742.810, the concentration of any contaminant of concern in groundwater discharging into a surface water will meet the applicable surface water quality standard under 35 Ill. Adm. Code 302.


SUBPART D: DETERMINING AREA BACKGROUND

Section 742.415 Use of Area Background Concentrations

a) A person may request that area background concentration determined pursuant to Sections 742.405 and 742.410 be used according to the provisions of subsection (b) of this Section. Such request shall address the following: 1) The natural or man-made pathways of any suspected off-site

contamination reaching the site; 2) Physical and chemical properties of suspected off-site contaminants of

concern reaching the site; and




3) The location and justification of all background sampling points.

b) Except as specified in subsections (c) and (d) of this Section, an area background

concentration may be used as follows: 1) To support a request to exclude a chemical as a contaminant of concern

from further consideration for remediation at a site due to its presence as a result of background conditions; or

2) As a remediation objective for a contaminant of concern at a site in lieu of

an objective developed pursuant to the other procedures of this Part. c) An area background concentration shall not be used in the event that the Agency

has determined in writing that the background level for a regulated substance poses an acute threat to human health or the environment at the site when considering the post-remedial action land use. in the event that the Agency has determined in writing that the background level for a regulated substance poses an acute threat to human health or the environment at the site when considering the post-remedial action land use. (Section 58.5(b)(3) of the Act)

d) In the event that the concentration of a regulated substance of concern on the site

exceeds a remediation objective adopted by the Board for residential land use, the property may not be converted to residential use unless such remediation objective or an alternative risk-based remediation objective for that regulated substance of concern is first achieved.In the event that the concentration of a regulated substance of concern on the site exceeds a remediation objective adopted by the Board for residential land use, the property may not be converted to residential use unless such remediation objective or an alternative risk-based remediation objective for that regulated substance of concern is first achieved. If the land use is restricted, there shall be an institutional control in place in accordance with Subpart J. (Section 58.5(b)(2) of the Act)


SUBPART E: TIER 1 EVALUATION

Section 742.505 Tier 1 Soil and Groundwater Remediation Objectives

a) Soil




1) Inhalation Exposure Route

A) The Tier 1 soil remediation objectives for this exposure route

based upon residential property use are listed in Appendix B, Table A.

B) The Tier 1 soil remediation objectives for this exposure route

based upon industrial/commercial property use are listed in Appendix B, Table B. Soil remediation objective determinations relying on this table require use of institutional controls in accordance with Subpart J.

2) Ingestion Exposure Route




based upon industrial/commercial property use are listed in Appendix B, Table B. Soil remediation objective determinations relying on this table require use of institutional controls in accordance with Subpart J.

3) Soil Component of the Groundwater Ingestion Route




based upon industrial/commercial property use are listed in Appendix B, Table B.

C) The pH-dependent Tier 1 soil remediation objectives for identified

ionizable organics or inorganics for the soil component of the groundwater ingestion exposure route (based on the total amount of contaminants present in the soil sample results and groundwater classification) are provided in Appendix B, Tables C and D.




D) Values used to calculate the Tier 1 soil remediation objectives for

this exposure route are listed in Appendix B, Table F. 4) Evaluation of the dermal contact with soil exposure route is not required

under Tier 1. b) Groundwater

1) The Tier 1 groundwater remediation objectives for the groundwater

component of the groundwater ingestion route are listed in Appendix B, Table E.

2) The Tier 1 groundwater remediation objectives for this exposure route are

given for Class I and Class II groundwaters, respectively. 3) The evaluation of 35 Ill. Adm. Code 620.615 regarding mixtures of

similar-acting chemicals shall be considered satisfied for Class I groundwater at the point of human exposure if: A) No more than one similar-acting noncarcinogenic chemical as

listed in Appendix A, Table E is detected in the groundwater at the site; and

B) No carcinogenic contaminant of concern as listed in Appendix A,

Table IH is detected in any groundwater sample associated with the site, using analytical procedures capable of achieving either the 1 in 1,000,000 cancer risk concentration or the ADL, whichever is greater.

4) If the conditions of subsection (b)(3) of this Section are not met, the Class

I groundwater remediation objectives set forth in Appendix B, Table E shall be corrected for the cumulative effect of mixtures of similar-acting chemicals using the following methodologies: A) For noncarcinogenic chemicals, the methodologies set forth at

Section 742.805(c) or Section 742.915(h) shall be used; and B) For carcinogenic chemicals, the methodologies set forth at Section

742.805(d) or Section 742.915(h) shall be used.





Section 742.510 Tier 1 Remediation Objectives Tables

a) Soil remediation objectives are listed in Appendix B, Tables A, B, C and D. 1) Appendix B, Table A is based upon residential property use.

A) The first column to the right of the chemical name lists soil

remediation objectives for the soil ingestion exposure route. B) The second column lists the soil remediation objectives for the

inhalation exposure route. C) The third and fourth columns list soil remediation objectives for

the soil component of the groundwater ingestion exposure route for the respective classes of groundwater: i) Class I groundwater; and ii) Class II groundwater.

D) The final column lists the Acceptable Detection Limit (ADL), only

where applicable. 2) Appendix B, Table B is based upon industrial/commercial property use.

A) The first and third columns to the right of the chemical name list

the soil remediation objectives for the soil ingestion exposure route based on two receptor populations: i) Industrial/commercial; and ii) Construction worker.

B) The second and fourth columns to the right of the chemical name

list the soil remediation objectives for the inhalation exposure route based on two receptor populations:




i) Industrial/commercial; and ii) Construction worker.

C) The fifth and sixth columns to the right of the chemical name list

the soil remediation objectives for the soil component of the groundwater ingestion exposure route for two classes of groundwater: i) Class I groundwater; and ii) Class II groundwater.

3) Appendix B, Tables C and D set forth pH specific soil remediation

objectives for inorganic and ionizing organic chemicals for the soil component of the groundwater ingestion route. A) Table C sets forth remediation objectives based on Class I

groundwater and Table D sets forth remediation objectives based on Class II groundwater.

B) The first column in Tables C and D lists the chemical names. C) The second through ninth columns to the right of the chemical

names list the pH based soil remediation objectives. 4) For the inorganic chemicals listed in Appendix B, Tables A and B, the soil

component of the groundwater ingestion exposure route shall be evaluated using TCLP (SW-846 Method 1311) or SPLP (SW-846 Method 1312), incorporated by reference at Section 742.210 unless a person chooses to evaluate the soil component on the basis of the total amount of contaminant in a soil sample result in accordance with subsection (a)(5) of this Section.

5) For those inorganic and ionizing organic chemicals listed in Appendix B,

Tables C and D, if a person elects to evaluate the soil component of the groundwater ingestion exposure route based on the total amount of contaminant in a soil sample result (rather than TCLP or SPLP analysis), the person shall determine the soil pH at the site and then select the appropriate soil remediation objectives based on Class I and Class II




groundwaters from Tables C and D, respectively. If the soil pH is less than 4.5 or greater than 9.08.0, then Tables C and D cannot be used.

6) Unless one or more exposure routes are excluded from consideration

under Subpart C, the most stringent soil remediation objective of the exposure routes (i.e., soil ingestion exposure route, inhalation exposure route, and soil component of the groundwater ingestion exposure route) shall be compared to the concentrations of soil contaminants of concern measured at the site. When using Appendix B, Table B to select soil remediation objectives for the ingestion exposure route and inhalation exposure route, the remediation objective shall be the more stringent soil remediation objective of the industrial/commercial populations and construction worker populations.

7) Confirmation sample results may be averaged or soil samples may be

composited in accordance with Section 742.225. 8) If a soil remediation objective for a chemical is less than the ADL, the

ADL shall serve as the soil remediation objective. b) Groundwater remediation objectives for the groundwater component of the

groundwater ingestion exposure route are listed in Appendix B, Table E. However, Appendix B, Table E must be corrected for cumulative effect of mixtures of similar-acting noncarcinogenic chemicals as set forth in Section 742.505(b)(3). 1) The first column to the right of the chemical name lists groundwater

remediation objectives for Class I groundwater, and the second column lists the groundwater remediation objectives for Class II groundwater.

2) To use Appendix B, Table E of this Part, the 35 Ill. Adm. Code 620

classification for groundwater at the site shall be determined. The concentrations of groundwater contaminants of concern at the site are compared to the applicable Tier 1 groundwater remediation objectives for the groundwater component of the groundwater ingestion exposure route in Appendix B, Table E.

c) For contaminants of concern not listed in Appendix B, Tables A, B and E, a

person may request site-specific remediation objectives from the Agency or propose site-specific remediation objectives in accordance with 35 Ill. Adm. Code




620, Subpart I of this Part, or both. (Source: Amended at 30 Ill. Reg. ______, effective ____________)

SUBPART H: TIER 2 GROUNDWATER EVALUATION

Section 742.805 Tier 2 Groundwater Remediation Objectives

a) To develop a groundwater remediation objective under this Section that exceeds the applicable Tier 1 groundwater remediation objective, or for which there is no Tier I groundwater remediation objective, a person may request approval from the Agency if the person has performed the following: 1) Identified the horizontal and vertical extent of groundwater for which the

Tier 2 groundwater remediation objective is sought; 2) Taken corrective action, to the maximum extent practicable to remove any

free product; 3) Using Equation R26 in accordance with Section 742.810, demonstrated

that the concentration of any contaminant of concern in groundwater will meet: A) The applicable Tier 1 groundwater remediation objective at the

point of human exposure; or B) For any contaminant of concern for which there is no Tier 1

groundwater remediation objective, the concentration determined according to the procedures specified in 35 Ill. Adm. Code 620 at the point of human exposure. A person may request the Agency to provide these concentrations or may propose these concentrations under Subpart I;

4) Using Equation R26 in accordance with Section 742.810, demonstrated

that the concentration of any contaminant of concern in groundwater within the minimum or designated maximum setback zone of an existing potable water supply well will meet the applicable Tier 1 groundwater remediation objective or, if there is no Tier 1 groundwater remediation objective, the concentration determined according to the procedures specified in 35 Ill. Adm. Code 620. A person may request the Agency to




provide these concentrations or may propose these concentrations under Subpart I;

5) Using Equation R26 in accordance with Section 742.810, demonstrated

that the concentration of any contaminant of concern in groundwater discharging into a surface water will meet the applicable water quality standard under 35 Ill. Adm. Code 302;

6) Demonstrated that the source of the release is not located within the

minimum or designated maximum setback zone or within a regulated recharge area of an existing potable water supply well; and

7) If the selected corrective action includes an engineered barrier as set forth

in Subpart K to minimize migration of contaminant of concern from the soil to the groundwater, demonstrated that the engineered barrier will remain in place for post-remediation land use through an institutional control as set forth in Subpart J.

b) A groundwater remediation objective that exceeds the water solubility of that

chemical (refer to Appendix C, Table E for solubility values) is not allowed. c) The contaminants of concern for which a Tier 1 remediation objective has been

developed shall be included in any mixture of similar-acting chemicals under consideration in Tier 2. The evaluation of 35 Ill. Adm. Code 620.615 regarding mixtures of similar-acting chemicals shall be considered satisfied for Class I groundwater at the point of human exposure if either of the following requirements are achieved: 1) Calculate the weighted average using the following equations:

x1 x2 x3 xa Wave = CUOx CUOx CUOx CUOx

1 +

2 +

3

+...+ a

where:

Wave = Weighted Average




x1 through xa = Concentration of each individual contaminant at the location of concern. Note that, depending on the target organ, the actual number of contaminants will range from 2 to 3314.

CUOx a

= A Tier 1 or Tier 2 remediation objective must be developed for each xa.

A) If the value of the weighted average calculated in accordance with

the equations above is less than or equal to 1.0, then the remediation objectives are met for those chemicals.

B) If the value of the weighted average calculated in accordance with

the equations above is greater than 1.0, then additional remediation must be carried out until the level of contaminants remaining in the remediated area hashave a weighted average calculated in accordance with the equation above less than or equal to one; or

2) Divide each individual chemical's remediation objective by the number of

chemicals in that specific target organ group that were detected at the site. Each of the contaminant concentrations at the site is then compared to the remediation objectives that have been adjusted to account for this potential additivity.

d) The evaluation of 35 Ill. Adm. Code 620.615 regarding mixtures of similar-acting

chemicals are considered satisfied if the cumulative risk from any contaminant(s) of concern listed in Appendix A, Table IH, plus any other contaminant(s) of concern detected in groundwater and listed in Appendix A, Table F as affecting the same target organ/organ system as the contaminant(s) of concern detected from Appendix A, Table IH, does not exceed 1 in 10,000.


SUBPART I: TIER 3 EVALUATION

Section 742.900 Tier 3 Evaluation Overview

a) Tier 3 sets forth a flexible framework to develop remediation objectives outside of the requirements of Tiers 1 and 2. Although Tier 1 and Tier 2 evaluations are not prerequisites to conduct Tier 3 evaluations, data from Tier 1 and Tier 2 can assist




in developing remediation objectives under a Tier 3 evaluation. b) The level of detail required to adequately characterize a site depends on the

particular use of Tier 3. Tier 3 can require additional investigative efforts beyond those described in Tier 2 to characterize the physical setting of the site. However, in situations where remedial efforts have simply reached a physical obstruction additional investigation may not be necessary for a Tier 3 submittal.

c) Situations that can be considered for a Tier 3 evaluation include, but are not

limited to: 1) Modification of parameters not allowed under Tier 2; 2) Use of models different from those used in Tier 2; 3) Use of additional site data to improve or confirm predictions of exposed

receptors to contaminants of concern; 4) Analysis of site-specific risks using formal risk assessment, probabilistic

data analysis, and sophisticated fate and transport models (e.g., requesting a target hazard quotient greater than 1 or a target cancer risk greater than 1 in 1,000,000);

5) Requests for site-specific remediation objectives because an assessment

indicates further remediation is not practical; 6) Incomplete human exposure pathway(s) not excluded under Subpart C; 7) Use of toxicological-specific information not available from the sources

listed in Tier 2; 8) Land uses which are substantially different from the assumed residential

or industrial/commercial property uses of a site (e.g., a site will be used for recreation in the future and cannot be evaluated in TierTiers 1 or 2); and

9) Requests for site-specific remediation objectives thatwhich exceed Tier 1

groundwater remediation objectives so long as the following is demonstrated: A) To the extent practical, the exceedance of the groundwater quality




standard has been minimized and beneficial use appropriate to the groundwater that was impacted has been returned; and

B) Any threat to human health or the environment has been

minimized. [415 ILCS 5/58.5(dD)(4)(A)] d) For requests of a target cancer risk ranging between 1 in 1,000,000 and 1 in

10,000 at the point of human exposure or a target hazard quotient greater than 1 at the point of human exposure, the requirements of Section 742.915 shall be followed. Requests for a target cancer risk exceeding 1 in 10,000 at the point of human exposure are not allowed.

e) Requests for approval of a Tier 3 evaluation must be submitted to the Agency for

review under the specific program under which remediation is performed. When reviewing a submittal under Tier 3, the Agency shall consider whether the interpretations and conclusions reached are supported by the information gathered. [415 ILCS 58.7(e)(1)]. The Agency shall approve a Tier 3 evaluation if the person submits the information required under this Part and establishes through such information that public health is protected and that specified risks to human health and the environment have been minimized.

f) If contaminants of concern include polychlorinated biphenyls (PCBs), requests for

approval of a Tier 3 evaluation must additionally address the applicability of 40 CFR 761.


SUBPART J: INSTITUTIONAL CONTROLS

Section 742.1000 Institutional Controls

a) Institutional controls in accordance with this Subpart must be placed on the property when remediation objectives are based on any of the following assumptions: 1) Industrial/Commercial property use; 2) Target cancer risk greater than 1 in 1,000,000; 3) Target hazard quotient greater than 1;




4) Engineered barriers; 5) The point of human exposure is located at a place other than at the source; 6) Exclusion of exposure routes; or 7) Any combination of the above.

b) The Agency shall not approve any remediation objective under this Part that is

based on the use of institutional controls unless the person has proposed institutional controls meeting the requirements of this Subpart and the requirements of the specific program under which the institutional control is proposed. A proposal for approval of institutional controls shall provide identification of the selected institutional controls from among the types recognized in this Subpart.

c) The following instruments may be institutional controls subject to the

requirements of this Subpart J and the requirements of the specific program under which the institutional control is proposed: 1) No Further Remediation Letters; 2) Environmental Land Use Controls; 3) Land Use Control MemorandaMemorandums of Agreement; 4) Ordinances adopted and administered by a unit of local government; and 5) Agreements between a property owner (or, in the case of a petroleum

leaking underground storage tank, the owner or operator of the tank) and a highway authority with respect to any contamination remaining under highways; and.

6) Agreements between a highway authority that is also the property owner

(or, in the case of a petroleum leaking underground storage tank, the owner or operator of the tank) and the Agency with respect to any contamination remaining under the highways.

d) No Further Remediation Letters and Environmental Land Use Controls that meet




the requirements of this Subpart and the recording requirements of the program under which remediation is being performed are transferred with the property.


Section 742.1010 Environmental Land Use Controls

a) An Environmental Land Use Control (ELUC) is an institutional control that may be used under this Part to impose land use limitations or requirements related to environmental contamination. ELUCs are only effective when approved by the Agency in accordance with this Part. Activities or uses that may be limited or required include, but are not limited to, prohibition of use of groundwater for potable purposes, restriction to industrial/commercial uses, operation or maintenance of engineered barriers, or worker safety plans.

ELUCs may be used in the following circumstances:

1) When No Further Remediation Letters are not available, including but not

limited to when contamination has migrated off-site or outside the remediation site; or

2) When No Further Remediation Letters are not issued under the program

for which a person is undergoing remediationremediaton. b) Recording requirements:

1) An ELUC approved by the Agency pursuant to this Section must be

recorded in the Office of the Recorder or Registrar of Titles for the county in which the property that is the subject of the ELUC is located. A copy of the ELUC demonstrating that it has been recorded must be submitted to the Agency before the Agency will issue a no further remediation determination.

2) An ELUC approved under this Section will not become effective until

officially recorded in the chain of title for the property that is the subject of the ELUC in accordance with subsection (b)(1) of this Section.

3) Reference to the recorded ELUC must be made in the instrument

memorializing the Agency's no further remediation determination. Recording of the no further remediation determination and confirmation of




recording must be in accordance with the requirements of the program under which the determination was issued.

4) The requirements of this Section do not apply to Federally Owned

Property for which the Federal Landholding Entity does not have the authority under federal law to record land use limitations on the chain of title.

5) The requirements of this Section apply only to those sites for which a

request for a no further remediation determination has not yet been made to the Agency by January 6, 2001.

c) Duration:

1) Except as provided in this subsection (c), an ELUC shall remain in effect

in perpetuity. 2) At no time shall any site for which an ELUC has been imposed as a result

of remediation activities under this Part be used in a manner inconsistent with the land use limitation unless attainment of objectives appropriate for the new land use is achieved and a new no further remediation determination has been obtained and recorded in accordance with the program under which the ELUC was first imposed or the Site Remediation Program (35 Ill. Adm. Code 740). [415 ILCS 58.8(c)]. In addition, the appropriate release or modification of the ELUC must be prepared by the Agency and filed on the chain of title for the property that is the subject of the ELUC. A) For a Leaking Underground Storage Tank (LUST) site under 35

Ill. Adm. Code 731 or 732 or a Site Remediation Program site under 35 Ill. Adm. Code 740, an ELUC may be released or modified only if the NFR Letter is also modified under the LUST or Site Remediation Program to reflect the change;

B) For a RCRA site under 35 Ill. Adm. Code 721-730, an ELUC may

be released or modified only if there is alsoby an amended certification of closure or a permit modification.

3) In addition to any other remedies that may be available, a failure to

comply with the limitations or requirements of an ELUC may result in




voidance of an Agency no further remediation determination in accordance with the program under which the determination was made. The failure to comply with the limitations or requirements of an ELUC may also be grounds for an enforcement action pursuant to Title VIII of the Act.

d) An ELUC submitted to the Agency must match the form and contain the same

substance, except for variable elements (e.g., name of property owner), as the model in Appendix F and must contain the following elements: 1) Name of property owners and declaration of property ownership; 2) Identification of the property to which the ELUC applies by common

address, legal description, and Real Estate Tax Index/Parcel Index Number;

3) A reference to the Bureau of Land LPC numbers or 10-digit identification

numbers under which the remediation was conducted; 4) A statement of the reason for the land use limitation or requirement

relative to protecting human health and the surrounding environment from soil, groundwater, and/or other environmental contamination;

5) The language instituting such land use limitations or requirements; 6) A statement that the limitations or requirements apply to the current

owners, occupants, and all heirs, successors, assigns, and lessees; 7) A statement that the limitations or requirements apply in perpetuity or

until: A) The Agency determines that there is no longer a need for the

ELUC;The Agency issues a new no further remediation determination approving modification or removal of the limitations or requirements; and

B) The Agency, upon written request, issues to the site that received

the no further remediation determination that relies on the ELUC a new no further remediation determination approving modification or removal of the limitations or requirements;and A release or




modification of the land use limitation is filed on the chain of title for the property that is the subject of the ELUC;

C) The new no further remediation determination is filed on the chain

of title of the site subject to the no further remediation determination; and

D) A release or modification of the land use limitation is filed on the

chain of title for the property that is the subject of the ELUC;

8) Scaled site maps showing: A) The legal boundary of the property to which the ELUC applies; B) The horizontal and vertical extent of contaminants of concern

above applicable remediation objectives for soil and groundwater to which the ELUC applies;

C) Any physical features to which an ELUC applies (e.g., engineered

barriers, monitoring wells, caps); and D) The nature, location of the source, and direction of movement of

the contaminants of concern; 9) A statement that any information regarding the remediation performed on

the property for which the ELUC is necessary may be obtained from the Agency through a request under the Freedom of Information Act [5 ILCS 140] and rules promulgated thereunder; and

10) The dated, notarized signatures of the property owners or authorized

agent.

(Source: Amended at 30 Ill. Reg. ______, effective ____________) Section 742.1012 Federally Owned Property: Land Use Control Memoranda Memorandums of Agreement

a) A Land Use Control Memorandum of Agreement (LUC MOA) between one or more agencies of the federal government and the Illinois Environmental Protection Agency is thean institutional control that shallmay be used under this




Part to impose land use limitations or restrictions related to environmental contamination on Federally Owned Property. A LUC MOA may be used only for Federally Owned Property. Each LUC MOA, at a minimum, must require that the Federal Landholding Entities responsible for the Federally Owned Property do the following: 1) Provide adequate identification of the location on the Federally Owned

Property of each site with land use limitations or requirements. Such identification shall be by means of common address, notations in any available facility master land use plan, site specific GIS or GPS coordinates, plat maps, or any other means which identifies the site in question with particularity;

2) Implement periodic site inspection procedures to ensure adequate

oversight by the Federal Landholding Entities of such land use limitation or requirement;

3) Implement procedures for the Federal Landholding Entities to periodically

advise the Agency of continued compliance with the maintenance of the land use control and site inspection requirements included in the LUC MOA;

4) Implement procedures for the Federal Landholding Entities to notify the

Agency of any planned or emergency changes in land use that may adversely impact any site with land use limitations or requirements; and

5) Notify the Agency at least 60 days in advance of a conveyance by deed or

fee simple title, by the Federal Landholding Entities, of a sitesite(s) with land use limitations or requirements, to any entity that will not remain or become a Federal Landholding Entity, and provide the Agency with information about how the Federal Landholding Entities will ensure that the requirements of Section 742.1010 are to be satisfied upon conveyance of that sitesite(s).

b) Any LUC MOA entered into pursuant to this Section remains effective only so

long as title to the affected property is retained by the United States. (Source: Amended at 30 Ill. Reg. ______, effective ____________)

Section 742.1015 Ordinances




a) An ordinance adopted by a unit of local government that effectively prohibits the

installation of potable water supply wells (and the use of such wells) may be used as an institutional control to meet the requirements of Section 742.320(d) or 742.805(a)(3) if the requirements of this Section are met. A model ordinance is found in Appendix G. Ordinances prohibiting the installation of potable water supply wells (and the use of such wells) that do not expressly prohibit the installation of potable water supply wells (and the use of such wells) by units of local government may be acceptable as institutional controls if the requirements of this Section are met and a Memorandum of Understanding (MOU) is entered into under subsection (i) of this Section. For purposes of this Section, a unit of local government is considered to be expressly prohibited from installing and using potable water supply wells only if the unit of local government is included in the prohibition provision by name. The prohibition required by this Section shall satisfy the following requirements at a minimum:

1) The prohibition shall not allow exceptions for potable water well

installation and use other than for the adopting unit of local government;

2) The prohibition shall apply at all depths and shall not be limited to particular aquifers or other geologic formations;

3) If the prohibition does not apply everywhere within the boundaries of the

unit of local government, the limited area to which the prohibition applies shall be easily identifiable and clearly defined by the ordinance (e.g., narrative descriptions accompanied by maps with legends or labels showing prohibition boundaries or narrative descriptions using fixed, common reference points such as street names). Boundaries of prohibitions limited by area shall be fixed by the terms of the ordinance and shall not be subject to change without amending the ordinance in which the prohibition has been adopted (e.g., no boundaries defined with reference to zoning districts or the availability of the public water supply); and

4) The prohibition shall not in any way restrict or limit the Agency's approval

of the use of the ordinance as an institutional control pursuant to this Part (e.g., no restrictions based on remediation program participation or no restrictions on persons performing remediation within the prohibition area who may use the ordinance).




b) A request for approval of a local ordinance as an institutional control shall provide the following:

1) A copy of the ordinance restricting groundwater use certified by an

official of the unit of local government in which the site is located that it is a true and accurate copy of the ordinance, unless the Agency and the unit of local government have entered an agreement under subsection (i) of this Section, in which case the request may alternatively reference the MOU. The ordinance must demonstrate that potable use of groundwater from potable water supply wells is prohibited;

2) A scaled map(s) delineating the area and extent of groundwater

contamination modeled above the applicable remediation objectives including any measured data showing concentrations of contaminants of concern in which the applicable remediation objectives are exceeded;

3) A scaled map delineating the boundaries of all properties under which

groundwater is located which exceeds the applicable groundwater remediation objectives;

4) Information identifying the current owner(s) of each property identified in

subsection (b)(3) of this Section; and 5) A copy of the proposed written notificationsubmission to the unit of local

government that adopted the ordinance and to the current owners identified in subsection (b)(4) of this Section that includes the following information: of the information required in subsections (b)(1) through (b)(4). Within 45 days from the date the Agency's no further remediation determination is recorded, the person who requested to use the ordinance as an institutional control must submit proof to the Agency of the notice to the property owners identified in subsection (b)(4). A) The name and address of the unit of local government that adopted

the ordinance; B) The ordinance's citation; C) A description of the property being sent notice by adequate legal

description, reference to a plat showing the boundaries of the property, or accurate street address;




D) Identification of the party requesting to use the groundwater

ordinance as an institutional control, and a statement that the party has requested approval from the Agency to use the ordinance as an institutional control;

E) A statement that use of the ordinance as an institutional control

allows contamination above groundwater ingestion remediation objectives to remain in groundwater beneath the affected properties, and that the ordinance strictly prohibits human and domestic consumption of the groundwater;

F) A statement as to the nature of the release and response action with

the site name, site address, and Agency site number or Illinois inventory identification number; and

G) A statement that more information about the remediation site may

be obtained by contacting the party requesting the use of the groundwater ordinance as an institutional control or by submitting a FOIA request to the Agency.

c) Written notification proposed pursuant to subsection (b)(5) of this Section must

be sent to the unit of local government that adopted the ordinance, as well as to all current property owners identified in subsection (b)(4). Each of the property owners identified in subsection (b)(4) of this Section and the unit of local government must receive written notification from the party desiring to use the institutional control that groundwater remediation objectives have been approved by the Agency. Written proof that the notification was sent to the unit of local government and the property owners of this notification shall be submitted to the Agency within 45 days from the date the Agency's no further remediation determination is recorded. Such proof may consist of the return card from certified mail, return receipt requested, a notarized certificate of service, or a notarized affidavit.The notification shall include: 1) The name and address of the unit of local government; 2) The citation to the ordinance; 3) A description of the property being sent notice by adequate legal

description or by reference to a plat showing the boundaries;




4) A statement that the ordinance restricting groundwater use has been used

by the Agency in reviewing a request for a groundwater remediation objective;

5) A statement as to the nature of the release and response action with the site

name, address, and Agency site number or Illinois inventory identification number; and

6) A statement as to where more information may be obtained regarding the

ordinance. d) Unless the Agency and the unit of local government have entered into a MOU

under subsection (i) of this Section, the current owner or successors in interest of a site who have received approval of use of an ordinance as an institutional control under this Section shall: 1) Monitor activities of the unit of local government relative to variance

requests or changes in the ordinance relative to the use of potable groundwater at properties identified in subsection (b)(3) of this Section; and

2) Notify the Agency of any approved variance requests or ordinance

changes within 30 days after the date such action has been approved. e) The information required in subsections (b)(1) through (b)(5) of this Section and

the Agency letter approving the groundwater remediation objective shall be submitted to the unit of local government. Proof that the information has been filed with the unit of local government shall be provided to the Agency.

f) Any ordinance or MOU used as an institutional control pursuant to this Section

shall be recorded in the Office of the Recorder or Registrar of Titles of the county in which the site is located together with the instrument memorializing the Agency's no further remediation determination pursuant to the specific program within 45 days after receipt of the Agency's no further remediation determination.

g) An institutional control approved under this Section shall not become effective

until officially recorded in accordance with subsection (f) of this Section. The person receiving the approval shall obtain and submit to the Agency within 30 days after recording a copy of the institutional control demonstrating that it has




been recorded. h) The following shall be grounds for voidance of the ordinance as an institutional

control and the instrument memorializing the Agency's no further remediation determination: 1) Modification of the ordinance by the unit of local government to allow

potable use of groundwater; 2) Approval of a site-specific request, such as a variance, to allow potable

use of groundwater at a site identified in subsection (b)(3) of this Section; or

3) Violation of the terms of an institutional control recorded under Section

742.1005 or Section 742.1010; or.

4) Failure to provide notification and proof of such notification pursuant to subsection (c) of this Section.

i) The Agency and a unit of local government may enter into a MOU under this

Section if the unit of local government has adopted an ordinance satisfying subsection (a) of this Section and if the requirements of this subsection are met. The MOU submitted to the Agency must match the form and contain the same substance as the model in Appendix H and shall include the following: 1) Identification of the authority of the unit of local government to enter the

MOU; 2) Identification of the legal boundaries, or equivalent, under which the

ordinance is applicable; 3) A certified copy of the ordinance; 4) A commitment by the unit of local government to notify the Agency of

any variance requests or proposed ordinance changes at least 30 days prior to the date the local government is scheduled to take action on the request or proposed change;

5) A commitment by the unit of local government to maintain a registry of all

sites within the unit of local government that have received no further




remediation determinations pursuant to specific programs; and 6) If the ordinance does not expressly prohibit the installation of potable

water supply wells (and the use of such wells) by units of local government, a commitment by the unit of local government: A) To review the registry of sites established under subsection (i)(5)

of this Section prior to siting potable water supply wells within the area covered by the ordinance;

B) To determine whether the potential source of potable water may be

or has been affected by contamination left in place at those sites; and

C) To take whatever steps are necessary to ensure that the potential

source of potable water is protected from the contamination or treated before it is used as a potable water supply.


Section 742.1020 Highway Authority Agreements and Highway Authority Agreement Memoranda of Agreement

a) An agreement with a highway authority may be used as an institutional control where the requirements of this Section are met and the Agency has determined that no further remediation is required as to the property(ies) to which the agreement is to apply. Highway Authority Agreements submitted to the Agency, except for those agreements with the Illinois Department of Transportation, must match the form and contain the same substance, except for variable elements, as the model in Appendix D.

b) As part of the agreement the highway authority shall agree to:

1) Prohibit the use of groundwater under the highway right of way that is

contaminated above residential Tier 1 remediation objectives from the release as a potable supply of water; and

2) Limit access to soil contamination under the highway right of way that is

contaminated above residential Tier 1 or construction worker remediation objectives, whichever is less, from the release. Access to soil




contamination may be allowed if, during and after any access, public health and the environment are protected.

c) The agreement shall provide the following:

1) Fully executed signature blocks by the highway authority and the owner of

the property (or, in the case of a petroleum leaking underground storage tank, the owner or operator of the tank) from which the release occurred;

2) A scaled map delineating the area and extent of soil and groundwater

contamination above the applicable Tier 1 remediation objectives or a statement that either soil or groundwater is not contaminated above the applicable Tier 1 residential remediation objectives;

3) Information showing the concentration of contaminants of concern within

the zone in which the applicable Tier 1 remediation objectives are exceeded;

4) A stipulation of the information required by subsections (c)(2) and (3) of

this Section in the agreement if it is not practical to obtain the information by sampling the highway right-of-way; and

5) Information identifying the highway authority having jurisdiction.

d) Highway Authority Agreements must be referenced in the instrument that is to be

recorded on the chain of title for the remediation property. e) Violation of the terms of an Agreement approved by the Agency as an

institutional control under this Section shall be grounds for voidance of the Agreement as an institutional control and the instrument memorializing the Agency's no further remediation determination.

f) Failure to provide all of the information required in subsections (b) and (c) of this

Section will be grounds for denial of the Highway Authority Agreement as an institutional control.

g) In instances in which the highway authority is also the property owner of the site,

a Highway Authority Agreement may not be used. In such cases, the highway authority shall instead enter into a Highway Authority Agreement Memorandum of Agreement (HAA MOA) between the highway authority and the Agency. An




HAA MOA may be used as an institutional control where the requirements of this Section are met and the Agency has determined that no further remediation is required as to the property(ies) to which the agreement is to apply. HAA MOAs submitted to the Agency must match the form and contain the same substance, except for variable elements, as the model in Appendix E.

h) As part of the HAA MOA, the highway authority shall agree to:

1) Prohibit the use of groundwater under the highway right of way that is

contaminated above residential Tier 1 or construction worker remediation objectives, whichever are less, from the release as a potable supply of water; and

2) Limit access to soil contamination under the highway right of way that is

contaminated above residential Tier 1 or construction worker remediation objectives, whichever are less, from the release. Access to soil contamination may be allowed if, during and after any access, public health and the environment are protected.

i) The HAA MOA shall provide the following:

1) Information identifying the site by common address or legal description or

both; 2) The Illinois Emergency Management Agency's (IEMA) incident number

for the site, if one has been assigned; 3) A scaled map delineating the current and estimated future area and extent

of soil and groundwater contamination above the applicable Tier 1 or construction worker remediation objectives, whichever are less, or a statement that either soil or groundwater is not contaminated above the applicable Tier 1 residential remediation objectives;

4) Information prepared by the highway authority that lists each contaminant

of concern that exceeds its Tier 1 residential or construction worker remediation objective, its Tier 1 residential remediation objective, and its concentrations within the zone where Tier 1 residential or construction worker remediation objectives, whichever is less, are exceeded;




5) A scaled map prepared by the highway authority showing the area of the highway authority's right of way that is governed by the HAA MOA;

6) If samples have not been collected within the right of way because of

impracticability, a stipulation by the parties that, based on modeling, soil and groundwater contamination exceeding Tier 1 residential or construction worker remediation objectives, whichever is less, does not and will not extend beyond the boundaries of the right-of-way;

7) A stipulation by the highway authority that it has jurisdiction over the

right of way that gives it sole control over the use of the groundwater and access to the soil located within or beneath the right of way;

8) A stipulation by the highway authority that it agrees to limit access by

itself and others to soil within the right of way exceeding Tier 1 residential or construction worker remediation objectives, whichever is less. Access may only be allowed if human health (including worker safety) and the environment are protected during and after any access. The highway authority may construct, reconstruct, improve, repair, maintain, and operate a highway upon the right of way, or allow others to do the same by permit. The highway authority and others using or working in the right of way under permit have the right to remove soil or groundwater from the right of way and dispose of the same in accordance with applicable environmental laws and regulations. The highway authority agrees to issue all permits for work in the right of way, and make all existing permits for work in the right of way, subject to the following or substantially similar conditions:

A) As a condition of this permit, the permittee shall request the office

issuing this permit to identify sites in the right of way where an HAA MOA governs access to soil that exceeds the Tier 1 residential remediation objectives of 35 Ill. Adm. Code 742; and

B) The permittee shall take all measures necessary to protect human

health (including worker safety) and the environment during and after any access to such soil;

9) A stipulation that the HAA MOA shall be referenced in the Agency's no

further remediation determination issued for the release(s);




10) A stipulation that the highway authority shall notify the Agency of any transfer of jurisdiction over the right of way at least 30 days prior to the date the transfer takes effect. The HAA MOA shall be null and void upon the transfer unless the transferee agrees to be bound by the agreement as if the transferee were an original party to the agreement. The transferee's agreement to be bound by the terms of the agreement shall be memorialized at the time of transfer as a rider to this agreement that references the HAA MOA and is signed by the highway authority, or subsequent transferor, and the transferee;

11) A stipulation that the HAA MOA will become effective on the date the

Agency issues a no further remediation determination for the release(s). It shall remain effective until the right of way is demonstrated to be suitable for unrestricted use and the Agency issues a new no further remediation determination to reflect there is no longer a need for the HAA MOA, or until the agreement is otherwise terminated or voided;

12) A stipulation that, in addition to any other remedies that may be available,

the Agency may bring suit to enforce the terms of the HAA MOA or may, at its sole discretion, declare the HAA MOA null and void if the highway authority or a transferee violates any term of the HAA MOA. The highway authority or transferee shall be notified in writing of any such declaration; and

13) A fully executed signature block by the highway authority and a block for

the Agency's Director. (Source: Amended at 30 Ill. Reg. ______, effective ____________)




Section 742.APPENDIX A General Section 742.TABLE E Similar-Acting Noncarcinogenic Chemicals Adrenal Gland Nitrobenzene 1,2,4-Trichlorobenzene (Ingestion only)

Kidney Acetone (Ingestion only) Cadmium (Ingestion only) Chlorobenzene Dalapon 1,1-Dichloroethane Di-n-octyl phthalate (Ingestion only) Endosulfan Ethylbenzene Fluoranthene Methyl tertiary-butyl ether (Inhalation only) Nitrobenzene Pyrene Toluene (Ingestion only) 2,4,5-Trichlorophenol Vinyl acetate (Ingestion only)

Liver Acenaphthene Acetone (Ingestion only) Butylbenzyl phthalate (Ingestion only) Chlorobenzene (Ingestion only) 1,1-Dichloroethylene (Ingestion only) Di-n-octyl phthalate (Ingestion only) Endrin Ethylbenzene Fluoranthene Methyl tertiary-butyl ether (Inhalation only) Nitrobenzene Picloram Styrene (Ingestion only) 2,4,5-TP (Silvex) Toluene (Ingestion only)




1,2,4-Trichlorobenzene (Inhalation only) 2,4,5-Trichlorophenol

Central Nervous System Butanol (Ingestion only) Cyanide (amenable) 2,4-Dimethylphenol Endrin Manganese 2-Methylphenol Mercury (Inhalation only) Styrene (Inhalation only) Toluene (Inhalation only) Xylenes (Ingestion only)

Circulatory System Antimony Barium (Ingestion only) 2,4-D cis-1,2-Dichloroethylene (Ingestion only) Nitrobenzene trans-1,2-Dichloroethylene (Ingestion only) 2,4-Dimethylphenol Fluoranthene Fluorene Styrene (Ingestion only) Zinc

Gastrointestinal System Beryllium (Ingestion only) Endothall Hexachlorocyclopentadiene (Ingestion only) Methyl bromide (Ingestion only) Methyl tertiarytertiray-butyl ether (Ingestion only)

Immune System 2,4-Dichlorophenol p-Chloroaniline Mercury (Ingestion only)

Reproductive System Barium (Inhalation only)




Boron (Ingestion only) Carbon disulfide 2-Chlorophenol (Ingestion only) 1,2 Dibromo-3-Chloropropane (Inhalation only) Dinoseb Ethylbenzene (Inhalation only) Methoxychlor Phenol

Respiratory System 1,2-Dichloropropane (Inhalation only) 1,3-Dichloropropylene (Inhalation only) Hexachlorocyclopentadiene (Inhalation only) Methyl bromide (Inhalation only) Napthalene (Inhalation only) Toluene (Inhalation only) Vinyl acetate (Inhalation only)

Cholinesterase Inhibition Aldicarb Carbofuran

Decreased Body Weight Gains and Circulatory System Effects Atrazine Simazine





Section 742.APPENDIX A General Section 742.TABLE H Concentrations of Polynuclear Aromatic Hydrocarbon Chemicals in Background Soils

Chemical Name Chicagoa

mg/kg

Metropolitan Areasb

(mg/kg)

Non-Metropolitan Areasc

(mg/kg) 2-Methylnaphthalene ----- 0.14 0.29 Acenaphthene 0.09 0.13 0.04 Acenaphthylene 0.03 0.07 0.04 Anthracene 0.25 0.40 0.14 Benzo(a)anthracene 1.1 1.8 0.72 Benzo(a)pyrene 1.3 2.1 0.98 Benzo(b)fluoranthene 1.5 2.1 0.70 Benzo(g,h,i)perylene 0.68 1.7 0.84 Benzo(k)fluoranthene 0.99 1.7 0.63 Chrysene 1.2 2.7 1.1 Dibenzo(a,h)anthracene 0.20 0.42 0.15 Fluoranthene 2.7 4.1 1.8 Fluorene 0.10 0.18 0.04 Indeno(1,2,3-c,d)pyrene 0.86 1.6 0.51 Naphthalene 0.04 0.20 0.17 Phenanthrene 1.3 2.5 0.99 Pyrene 1.9 3.0 1.2 a Chicago means within the corporate limits of the City of Chicago. b Metropolitan area means a populated area, as defined in Section 742.200, (other than the City

of Chicago) that is located within any county in a Metropolitan Statistical Area listed in Appendix A, Table G, footnote a.

c Non-Metropolitan area means a populated area, as defined in Section 742.200, that is not located within any county in a Metropolitan Statistical Area listed in Appendix A, Table G, footnote a.




(Source: Appendix A, Table H renumbered to Appendix A, Table I and new Appendix A, Table H added at 30 Ill. Reg. ______, effective ____________)




Section 742.APPENDIX A General Section 742.TABLE I Chemicals Whose Tier 1 Class I Groundwater Remediation Objective Exceeds the 1 in 1,000,000 Cancer Risk Concentration

Chemical

Class I Groundwater Remediation

Objective (mg/Ll)

1 in 1,000,000 Cancer Risk Concentration

(mg/Ll) ADL

(mg/Ll)

Aldrin 0.014 0.000005 0.014 Benzo(a)pyrene 0.0002 0.000012 0.00023 Bis(2-chloroethyl)ether 0.01 0.000077 0.01 Bis(2-ethylhexyl)phthalate

(Di(2-ethylhexyl)phthalate) 0.006 0.0061 0.0027

Carbon Tetrachloride 0.005 0.00066 0.0001 Chlordane 0.002 0.000066 0.00014 DDD 0.014 0.00023 0.014 DDE 0.01 0.00023 0.01 DDT 0.006 0.00023 0.006 Dibenzo(a,h)anthracene 0.0003 0.000012 0.0003 1,2-Dibromo-3-chloropropane 0.0002 0.000061 0.001 1,2-Dibromoethane1,2-dibromoethane

0.00005 0.000020.0000010

0.001

3,3'-Dichlorobenzidine 0.02 0.00019 0.02 1,2-Dichloroethane 0.005 0.00094 0.0003 Dieldrin 0.009 0.0000053 0.009 2,6-Dinitrotoluene 0.00031 0.0001 0.00031 Heptachlor 0.0004 0.000019 0.013 Heptachlor epoxide 0.0002 0.0000094 0.015 Hexachlorobenzene 0.00006 0.000053 0.00006 Alpha-HCH 0.00011 0.000014 0.000111 Tetrachloroethylene 0.005 0.0016 0.0004 Toxaphene 0.003 0.000077 0.00086 Vinyl chloride 0.002 0.000045 0.0002

Ionizable Organics

N-Nitrosodi-n-propylamine 0.0018 0.000012 0.0018 Pentachlorophenol 0.001 0.00071 0.000076 2,4,6-Trichlorophenol 0.01 0.007 0.01 InorganicsOrganics




Arsenic 0.05 0.000057 0.001 Beryllium 0.004 0.00002 0.004

(Source: Appendix A, Table I renumbered from Appendix A, Table H and amended at 30 Ill. Reg. ______, effective ____________)




Section 742.APPENDIX B Tier 1 Illustrations and Tables and Illustrations Section 742.ILLUSTRATION A Tier 1 Evaluation





Section 742.APPENDIX B Tier 1 Illustrations and Tables and Illustrations Section 742.TABLE A Tier 1 Soil Remediation Objectivesa for Residential Properties

Exposure Route-Specific Values for Soils

Soil Component of the Groundwater Ingestion Exposure Route Values

CAS No. Chemical Name Ingestion (mg/kg)

Inhalation (mg/kg)

Class I (mg/kg)

Class II (mg/kg)

ADL (mg/kg)

83-32-9 Acenaphthene 4,700b ---c 570b 2,900 *

67-64-1 Acetone 70,000b7,800b 100,000d 25b16b 2516 *

15972-60-8 Alachloro 8e ---c 0.04 0.2 NA

116-06-3 Aldicarbo 78b ---c 0.013 0.07 NA

309-00-2 Aldrin 0.04e 3e 0.5e 2.5 0.94

120-12-7 Anthracene 23,000b ---c 12,000b 59,000 *

1912-24-9 Atrazineo 2700b ---c 0.066 0.33 NA

71-43-2 Benzene 12e 0.8e 0.03 0.17 *

56-55-3 Benzo(a)anthracene 0.9e,w ---c 2 8 *

205-99-2 Benzo(b)fluoranthene 0.9e,w ---c 5 25 *







Inhalation (mg/kg)

Class I (mg/kg)

Class II (mg/kg)

ADL (mg/kg)

207-08-9 Benzo(k)fluroanthene 9e ---c 49 250 *

50-32-8 Benzo(a)pyrene 0.09e,wf ---c 8 82 *

111-44-4 Bis(2-chloroethyl)ether 0.6e 0.2e,f 0.0004e,f 0.0004 0.66

117-81-7 Bis(2-ethylhexyl)phthalate 46e 31,000d 3,600 31,000d *

75-27-4 Bromodichloromethane (Dichlorobromomethane) 10e 3,000d 0.6 0.6 *

75-25-2 Bromoform 81e 53e 0.8 0.8 *

71-36-3 Butanol 7,800b 10,000d 17b 17 NA

85-68-7 Butyl benzyl phthalate 16,000b 930d 930d 930d *

86-74-8 Carbazole 32e ---c 0.6e 2.8 NA

1563-66-2 Carbofurano 390b ---c 0.22 1.1 NA

75-15-0 Carbon disulfide 7,800b 720d,x 32b 160 *






Inhalation (mg/kg)

Class I (mg/kg)

Class II (mg/kg)

ADL (mg/kg)

56-23-5 Carbon tetrachloride 5e 0.3e 0.07 0.33 *

57-74-9 Chlordane 1.8 e 72 e 10 48 *

106-47-8 4-Chloroaniline (p-Chloroanaline) 310b ---c 0.7b 0.7 *

108-90-7 Chlorobenzene (Monochlorobenzene) 1,600b 130b 1 6.5 *

124-48-1 Chlorodibromomethane (Dibromochloromethane) 1,600b 1,300d 0.4 0.4 *

67-66-3 Chloroform 100e 0.3e 0.6 2.9 *

218-01-9 Chrysene 88e ---c 160 800 *

94-75-7 2,4-Do 780b ---c 1.5 7.7 *

75-99-0 Dalapono 2,300b ---c 0.85 8.5 *

72-54-8 DDD 3e ---c 16e 80 *

72-55-9 DDE 2e ---c 54e 270 *







Inhalation (mg/kg)

Class I (mg/kg)

Class II (mg/kg)

ADL (mg/kg)

50-29-3 DDT 2e ---g 32e 160 *

53-70-3 Dibenzo(a,h)anthracene 0.09e,f ---c 2 7.6 *

96-12-8 1,2-Dibromo-3-chloropropane

0.46e 11b 0.002 0.002 *

106-93-4 1,2-Dibromoethane (Ethylene dibromide)

0.0075e 0.17e 0.0004 0.004 0.005

84-74-2 Di-n-butyl phthalate 7,800b 2,300d 2,300d 2,300d *

95-50-1 1,2-Dichlorobenzene (o - Dichlorobenzene) 7,000b 560d 17 43 *

106-46-7 1,4-Dichlorobenzene (p - Dichlorobenzene)

---c 11,000b 2 11 *

91-94-1 3,3'-Dichlorobenzidine 1e ---c 0.007e,f 0.033 1.3

75-34-3 1,1-Dichloroethane 7,800b 1,300b 23b 110 *







Inhalation (mg/kg)

Class I (mg/kg)

Class II (mg/kg)

ADL (mg/kg)

107-06-2 1,2-Dichloroethane (Ethylene dichloride)

7e 0.4e 0.02 0.1 *

75-35-4 1,1-Dichloroethylene 3,900b700b 290b1,500d 0.06 0.3 *

156-59-2 cis-1,2-Dichloroethylene 780b 1,200d 0.4 1.1 *

156-60-5 trans-1,2-Dichloroethylene

1,600b 3,100d 0.7 3.4 *

78-87-5 1,2-Dichloropropane 9e 15b 0.03 0.15 *

542-75-6 1,3-Dichloropropene (1,3-Dichloropropylene, cis + trans)

6.4e 1.1e 0.004e 0.02 0.005

60-57-1 Dieldrinn 0.04e 1e 0.004e 0.02 0.603

84-66-2 Diethyl phthalate 63,000b 2,000d 470b 470 *

105-67-9 2,4-Dimethylphenol 1,600b ---c 9b 9 *

121-14-2 2,4-Dinitrotoluene 0.9e ---c 0.0008e,f 0.0008 0.250







Inhalation (mg/kg)

Class I (mg/kg)

Class II (mg/kg)

ADL (mg/kg)

606-20-2 2,6-Dinitrotoluene 0.9e ---c 0.0007e,f 0.0007 0.260

117-84-0 Di-n-octyl phthalate 1,600b 10,000d 10,000d 10,000d *

115-29-7 Endosulfano 470b ---c 18b 90 *

145-73-3 Endothallo 1,600b ---c 0.4 0.4 NA

72-20-8 Endrin 23b ---c 1 5 *

100-41-4 Ethylbenzene 7,800b 400d 13 19 *

206-44-0 Fluoranthene 3,100b ---c 4,300b 21,000 *

86-73-7 Fluorene 3,100b ---c 560b 2,800 *

76-44-8 Heptachlor 0.1e 0.1e 23 110 0.871

1024-57-3 Heptachlor epoxide 0.07e 5e 0.7 3.3 1.005

118-74-1 Hexachlorobenzene 0.4e 1e 2 11 *

319-84-6 alpha-HCH (alpha-BHC) 0.1e 0.8e 0.0005e,f 0.003 0.0074







Inhalation (mg/kg)

Class I (mg/kg)

Class II (mg/kg)

ADL (mg/kg)

58-89-9 gamma-HCH (Lindane)n 0.5e,x ---c 0.009 0.047 *

77-47-4 Hexachlorocyclopentadiene 550b,x 10b 400 2,200d *

67-72-1 Hexachloroethane 78b ---c 0.5b 2.6 *

193-39-5 Indeno(1,2,3-c,d)pyrene 0.9e,w ---c 14 69 *

78-59-1 Isophorone 15,600b 4,600d 8b 8 *

72-43-5 Methoxychloro 390b ---c 160 780 *

74-83-9 Methyl bromide (Bromomethane)

110b 10b,x 0.2b 1.2 *

75-09-2 Methylene chloride (Dichloromethane)

85e 13e 0.02e 0.2 *

95-48-7 2-Methylphenol (o - Cresol)

3,900b ---c 15b 15 *

91-20-3 Naphthalene 1,600 b 170b,x 12 b 18 *

98-95-3 Nitrobenzene 39b 92b,x 0.1b,f 0.1 0.26







Inhalation (mg/kg)

Class I (mg/kg)

Class II (mg/kg)

ADL (mg/kg)

86-30-6 N-Nitrosodiphenylamine 130e ---c 1e 5.6 *

621-64-7 N-Nitrosodi-n-propylamine

0.09e,f ---c 0.00005e,f 0.00005 0.0018

108-95-2 Phenol 23,000b47,000b ---c 100b 100 *

1918-02-1 Picloramo 5,500b ---c 2 20 NA

1336-36-3 Polychlorinated biphenyls (PCBs)n

1h ---c,h ---h ---h *

129-00-0 Pyrene 2,300b ---c 4,200b 21,000 *

122-34-9 Simazineo 390b ---c 0.04 0.37 NA

100-42-5 Styrene 16,000b 1,500d,x 4 18 *

127-18-4 Tetrachloroethylene (Perchloroethylene)

12e 11e 0.06 0.3 *

108-88-3 Toluene 16,000b 650d,x 12 29 *







Inhalation (mg/kg)

Class I (mg/kg)

Class II (mg/kg)

ADL (mg/kg)

8001-35-2 Toxaphenen 0.6e 89e 31 150 *

120-82-1 1,2,4-Trichlorobenzene 780b 3,200b,x 5 53 *

71-55-6 1,1,1-Trichloroethane ---c 1,200d 2 9.6 *

79-00-5 1,1,2-Trichloroethane 310b 1,800d 0.02 0.3 *

79-01-6 Trichloroethylene 58e 5e 0.06 0.3 *

108-05-4 Vinyl acetate 78,000b 1,000b,x 170b 170 *

75-01-4 Vinyl chloride 0.46e 0.28e 0.01f 0.07 *

108-38-3 m-Xylene 16,000b160,000b 420d,x 210 210 *

95-47-6 o-Xylene 16,000b160,000b 410d,x 190 190 *

106-42-3 p-Xylene 16,000b160,000b1 460d,x 200 200 *







Inhalation (mg/kg)

Class I (mg/kg)

Class II (mg/kg)

ADL (mg/kg)

1330-20-7 Xylenes (total) 16,000b160,000b 320d,x 150 150 *

Ionizable Organics

65-85-0 Benzoic Acid 310,000b ---c 400b,i 400i *

95-57-8 2-Chlorophenol 390b 53,000d 4b,i 4i *

120-83-2 2,4-Dichlorophenol 230b ---c 1b,i 1i *

51-28-5 2,4-Dinitrophenol 160b ---c 0.2b,f 0.2 3.3

88-85-7 Dinosebo 78b ---c 0.34b,i 3.4i *

87-86-5 Pentachlorophenol 3e,j ---c 0.03f,i 0.14i *

93-72-1 2,4,5-TP (Silvex)

630b ---c 11i 55i *

95-95-4 2,4,5-Trichlorophenol

7,800b ---c 270b,i 1,400i *

88-06-2 2,4,6 Trichlorophenol 58e 200e 0.2e,f,i 0.77i 0.66







Inhalation (mg/kg)

Class I (mg/L)

Class II (mg/L)

ADL (mg/kg)

Inorganics

7440-36-0 Antimony 31b ---c 0.006m 0.024m *

7440-38-2 Arsenicl,n t 750e 0.05m 0.2m *

7440-39-3 Barium 5,500b 690,000b 2.0m 2.0m *

7440-41-7 Beryllium 160b 1,300e 0.004m 0.5m *

7440-42-8 Boron 16,000b7,000b ---g 2.0m 2.0m *

7440-43-9 Cadmiuml,n 78b, r 1,800e 0.005m 0.05m *

16887-00-6 Chloride ---c ---c 200m 200m *

7440-47-3 Chromium, total 230 b 270e 0.1m 1.0m *

16065-83-1 Chromium, ion, trivalent

120,000 b ---c ---g ---g *

18540-29-9 Chromium, ion, hexavalent

230 b 270e --- --- *

7440-48-4 Cobalt 4,700b ---c 1.0m 1.0m *




Exposure Route-specific Values for Soils



Inhalation (mg/kg)

Class I (mg/L)

Class II (mg/L)

ADL (mg/kg)

7440-50-8 Coppern 2,900b ---c 0.65m 0.65m *

57-12-5 Cyanide (amenable)

1,600b ---c 0.2q,m 0.6q,m *

7782-41-4 Fluoride 4,700b ---c 4.0m 4.0m *

15438-31-0 Iron ---c ---c 5.0m 5.0m *

7439-92-1 Lead 400k ---c 0.0075m 0.1m *

7439-95-4 Magnesiumn 325,000 ---c ---c ---c *

7439-96-5 Manganese 1,600b,v3,700b 69,000b,x 0.15m 10.0m *

7439-97-6 Mercuryl,n,s 23b 10b 0.002m 0.01m *

7440-02-0 Nickell 1,600b 13,000e 0.1m 2.0m *

14797-55-8 Nitrate as Np 130,000b ---c 10.0q,m 100q *

7723-14-0 Phosphorusn ---g ---c ---c ---c *

7440-09-7 Potassiumn ---g ---c ---c ---c *

7782-49-2 Seleniuml,n 390b ---c 0.05m 0.05m *




Exposure Route-specific Values for Soils



Inhalation (mg/kg)

Class I (mg/L)

Class II (mg/L)

ADL (mg/kg)

7440-22-4 Silver 390b ---c 0.05m --- *

7440-23-5 Sodiumn ---g ---c ---c ---c *

14808-79-8 Sulfate ---c ---c 400m 400m *

7440-28-0 Thallium 6.3b,u ---c 0.002m 0.02m *

7440-62-2 Vanadium 550b ---c 0.049m 0.1m *

7440-66-6 Zincl 23,000b ---c 5.0m 10m *

"*" indicates that the ADL is less than or equal to the specified remediation objective. NA means not available; no PQL or EQL available in USEPA analytical methods. Chemical Name and Soil Remediation Objective Notations a Soil remediation objectives based on human health criteria only. b Calculated values correspond to a target hazard quotient of 1. c No toxicity criteria available for the route of exposure. d Soil saturation concentration (C[sat]) = the 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 which are liquid at ambient soil temperatures) have been violated, and alternative modeling approaches are required.

e Calculated values correspond to a cancer risk level of 1 in 1,000,000. f Level is at or below Contract Laboratory Program required quantitation limit for Regular

Analytical Services (RAS). g Chemical-specific properties are such that this route is not of concern at any soil contaminant

concentration.




h 40 CFR 761 contains applicability requirements and methodologies for the development of PCB remediation objectives. Requests for approval of a Tier 3 evaluation must address the applicability of 40 CFR 761.

i Soil remediation objective for pH of 6.8. If soil pH is other than 6.8, refer to Appendix B, Tables C and D of this Part.

j Ingestion soil remediation objective adjusted by a factor of 0.5 to account for dermal route. k A preliminary remediation goal of 400 mg/kg has been set for lead based on Revised Interim

Soil Lead Guidance for CERCLA Sites and RCRA Corrective Action Facilities, OSWER Directive #9355.4-12.

l Potential for soil-plant-human exposure. m The person conducting the remediation has the option to use: (1) TCLP or SPLP test results to

compare with the remediation objectives listed in this Table; or (2) where applicable, the total amount of contaminant in the soil sample results to compare with pH specific remediation objectives listed in Appendix B, Table C or D of this Part. (seeSee Section 742.510.); or (3) the appropriate background value listed in Appendix A, Table G. If the person conducting the remediation wishes to calculate soil remediation objectives based on background concentrations, this should be done in accordance with Subpart D of this Part.

n The Agency reserves the right to evaluate the potential for remaining contaminant concentrations to pose significant threats to crops, livestock, or wildlife.

o For agrichemical facilities, remediation objectives for surficial soils which are based on field application rates may be more appropriate for currently registered pesticides. Consult the Agency for further information.

p For agrichemical facilities, soil remediation objectives based on site-specific background concentrations of Nitrate as N may be more appropriate. Such determinations shall be conducted in accordance with the procedures set forth in Subparts D and I of this Part.

q The TCLP extraction must be done using water at a pH of 7.0. r Value based on dietary Reference Dose. s Value for Ingestion based on Reference Dose for Mercuric chloride (CAS No. 7487-94-7);

value for Inhalation based on Reference Concentration for elemental Mercury (CAS No. 7439-97-6). Inhalation remediation objective only applies at sites where elemental mercury is a contaminant of concern.

t For the ingestion route for arsenic, see 742.Appendix A, Table G. u Value based on Reference Dose for Thallium sulfate (CAS No. 7446-18-6). v Value based on Reference Dose adjusted for dietary intake. w For sites located in any populated area as defined in Section 742.200, Appendix A, Table H

may be used. x The remediation objectives for these chemicals must also include the construction worker

inhalation objective in Appendix B, Table B.





Section 742.APPENDIX B Tier 1 Illustrations and Tables and Illustrations Section 742.TABLE B Tier 1 Soil Remediation Objectivesa for Industrial/Commercial Properties


Industrial-

Commercial Construction

Worker

Soil Component of the Groundwater

Ingestion Exposure Route Values


Inhalation (mg/kg)

Ingestion (mg/kg)

Inhalation (mg/kg)

Class I (mg/kg)

Class II (mg/kg)

ADL (mg/kg)

83-32-9 Acenaphthene 120,000b -----c 120,000b -----c 570b 2,900 *

67-64-1 Acetone -----g200,000b 100,000d -----g200,000b 100,000d 25b16b 2516 *

15972-60-8 Alachloro 72e -----c 1,600e -----c 0.04 0.2 NA

116-06-3 Aldicarbo 2,000b -----c 200b -----c 0.013 0.07 NA

309-00-2 Aldrin 0.3e 6.6e 6.1b 9.3e 0.5e 2.5 0.94

120-12-7 Anthracene 610,000b -----c 610,000b -----c 12,000b 59,000 *

1912-24-9 Atrazineo 72,000b -----c 7,100b -----c 0.066 0.33 NA

71-43-2 Benzene 100e 1.6 e 2,300e 2.2 e 0.03 0.17 *





Industrial- Commercial

Construction Worker

Soil Component of the Groundwater Ingestion

Exposure Route Values


Inhalation (mg/kg)

Ingestion (mg/kg)

Inhalation (mg/kg)

Class I (mg/kg)

Class II (mg/kg)

ADL (mg/kg)

56-55-3 Benzo(a)anthracene 8e -----c 170e -----c 2 8 *

205-99-2 Benzo(b)fluoranthene 8e -----c 170e -----c 5 25 *

207-08-9 Benzo(k)fluroanthene 78e -----c 1,700e -----c 49 250 *

50-32-8 Benzo(a)pyrene 0.8e,x -----c 17e -----c 8 82 *

111-44-4 Bis(2-chloroethyl)ether 5e 0.47e 75e 0.66e 0.0004e,f 0.0004 0.66

117-81-7 Bis(2-ethylhexyl)phthalate 410e 31,000d 4,100b 31,000d 3,600 31,000d *

75-27-4 Bromodichloromethane (Dichlorobromomethane) 92e 3,000d 2,000e 3,000d 0.6 0.6 *

75-25-2 Bromoform 720e 100e 16,000e 140e 0.8 0.8 *

71-36-3 Butanol 200,000b 10,000d 200,000b 10,000d 17b 17 NA

85-68-7 Butyl benzyl phthalate 410,000b 930d 410,000b 930d 930d 930d *

86-74-8 Carbazole 290e -----c 6,200e -----c 0.6e 2.8 NA






Construction Worker




Inhalation (mg/kg)

Ingestion (mg/kg)

Inhalation (mg/kg)

Class I (mg/kg)

Class II (mg/kg)

ADL (mg/kg)

1563-66-2 Carbofurano 10,000b -----c 1,000b -----c 0.22 1.1 NA

75-15-0 Carbon disulfide 200,000b 720d 20,000b 9.0b 32b 160 *

56-23-5 Carbon tetrachloride 44e 0.64e 410b 0.90e 0.07 0.33 *

57-74-9 Chlordane 161.6 e 140 e 100 b 22b 10 48 *

106-47-8 4-Chloroaniline (p-Chloroaniline) 8,200b -----c 820b -----c 0.7b 0.7 *

108-90-7 Chlorobenzene (Monochlorobenzene) 41,000b 210b 4,100b 1.3b 1 6.5 *

124-48-1 Chlorodibromomethane (Dibromochloromethane) 41,000b 1,300d 41,000b 1,300d 0.4 0.4 *

67-66-3 Chloroform 940e 0.54e 2,000b 0.76e 0.6 2.9 *

218-01-9 Chrysene 780e -----c 17,000e -----e 160 800 *

94-75-7 2,4-Do 20,000b -----c 2,000b -----c 1.5 7.7 *






Construction Worker




Inhalation (mg/kg)

Ingestion (mg/kg)

Inhalation (mg/kg)

Class I (mg/kg)

Class II (mg/kg)

ADL (mg/kg)

75-99-0 Dalapono 61,000b -----c 6,100b -----c 0.85 8.5 *

72-54-8 DDD 24e -----c 520e -----c 16e 80 *

72-55-9 DDE 17e -----c 370e -----c 54e 270 *

50-29-3 DDT 17e 1,500e 100b 2,100e 32e 160 *

53-70-3 Dibenzo(a,h)anthracene 0.8e -----c 17e -----c 2 7.6 *

96-12-8 1,2-Dibromo-3-chloropropane 4e 17b 89e 0.11b 0.002 0.020.002 *

106-93-4 1,2-Dibromoethane (Ethylene dibromide) 2.9e0.07e 0.12e0.32e 62e1.5e 0.16e0.45e 0.0004 0.004 0.005

84-74-2 Di-n-butyl phthalate 200,000b 2,300d 200,000b 2,300d 2,300d 2,300d *

95-50-1 1,2-Dichlorobenzene (o - Dichlorobenzene) 180,000b 560d 18,000b 310b 17 43 *

106-46-7 1,4-Dichlorobenzene (p - Dichlorobenzene) -----c 17,000b -----c 340b 2 11 *






Construction Worker




Inhalation (mg/kg)

Ingestion (mg/kg)

Inhalation (mg/kg)

Class I (mg/kg)

Class II (mg/kg)

ADL (mg/kg)

91-94-1 3,3'-Dichlorobenzidine 13e -----c 280e -----c 0.007e,f 0.033 1.3

75-34-3 1,1-Dichloroethane 200,000b 1,700d 200,000b 130b 23b 110 *

107-06-2 1,2-Dichloroethane (Ethylene dichloride) 63e 0.70e 1,400e 0.99e 0.02 0.1 *

75-35-4 1,1-Dichloroethylene 100,000b

18,000b 470b

1,500d 10,000b

1,800b 3.0b

300v 0.06 0.3 *

156-59-2 cis-1,2-Dichloroethylene 20,000b 1,200d 20,000b 1,200d 0.4 1.1 *

156-60-5 trans-1,2-Dichloroethylene 41,000b 3,100d 41,000b 3,100d 0.7 3.4 *

78-87-5 1,2-Dichloropropane 84e 23b 1,800e 0.50b 0.03 0.15 *


57e 2.1e 1,200e 0.39b 0.004e 0.02 0.005

60-57-1 Dieldrinn 0.4e 2.2e 7.8e 3.1e 0.004e 0.02 0.603

84-66-2 Diethyl phthalate 1,000,000b 2,000d 1,000,000b 2,000d 470b 470 *






Construction Worker




Inhalation (mg/kg)

Ingestion (mg/kg)

Inhalation (mg/kg)

Class I (mg/kg)

Class II (mg/kg)

ADL (mg/kg)

105-67-9 2,4-Dimethylphenol 41,000b -----c 41,000b -----c 9b 9 *

121-14-2 2,4-Dinitrotoluene 8.4e -----c 180e -----c 0.0008e,f 0.0008 0.250

606-20-2 2,6-Dinitrotoluene 8.4e -----c 180e -----c 0.0007e,f 0.0007 0.260

117-84-0 Di-n-octyl phthalate 41,000e 10,000d 4,100b 10,000d 10,000d 10,000d *

115-29-7 Endosulfano 12,000b -----c 1,200b -----c 18b 90 *

145-73-3 Endothallo 41,000c -----c 4,100b -----c 0.4 0.4 NA

72-20-8 Endrin 610b -----c 61b -----c 1 5 *

100-41-4 Ethylbenzene 200,000b 400d 20,000b 58b 13 19 *

206-44-0 Fluoranthene 82,000b -----c 82,000b -----c 4,300b 21,000 *

86-73-7 Fluorene 82,000b -----c 82,000b -----c 560b 2,800 *

76-44-8 Heptachlor 1e 11e 28e 16e 23 110 *






Construction Worker




Inhalation (mg/kg)

Ingestion (mg/kg)

Inhalation (mg/kg)

Class I (mg/kg)

Class II (mg/kg)

ADL (mg/kg)

1024-57-3 Heptachlor epoxide 0.6e 9.2e 2.7b 13e 0.7 3.3 1.005

118-74-1 Hexachlorobenzene 4e 1.8e 78e 2.6e 2 11 *

319-84-6 alpha-HCH (alpha-BHC) 0.9e 1.5e 20e 2.1e 0.0005e,f 0.003 0.0074

58-89-9 gamma-HCH (Lindane)n 4e -----c 96e -----c 0.009 0.047 *

77-47-4 Hexachlorocyclopentadiene 14,000b 16b 14,000b 1.1b 400 2,200d *

67-72-1 Hexachloroethane 2,000b -----c 2,000b -----c 0.5b 2.6 *

193-39-5 Indeno(1,2,3-c,d)pyrene 8e -----c 170e -----c 14 69 *

78-59-1 Isophorone 410,000b 4,600d 410,000b 4,600d 8b 8 *

72-43-5 Methoxychloro 10,000b -----c 1,000b -----c 160 780 *

74-83-9 Methyl bromide (Bromomethane) 2,900b 15b 1,000b 3.9b 0.2b 1.2 *






Construction Worker



Inhalation (mg/kg)

Ingestion (mg/kg)

Inhalation (mg/kg)

Class I (mg/kg)

Class II (mg/kg)

ADL (mg/kg)

75-09-2 Methylene chloride (Dichloromethane) 760e 24e 12,000b 34e 0.02e 0.2 *

95-48-7 2-Methylphenol (o - Cresol) 100,000b -----c 100,000b -----c 15b 15 *

86-30-6 N-Nitrosodiphenylamine 1,200e -----c 25,000e -----c 1e 5.6 *

621-64-7 N-Nitrosodi-n-propylamine 0.8e -----c 18e -----c 0.00005e,f 0.00005 0.0018

91-20-3 Naphthalene 41,000b 270b 4,100b 1.8b 12b 18 *

98-95-3 Nitrobenzene 1,000b 140b 1,000b 9.4b 0.1b,f 0.1 0.26

108-95-2 Phenol 610,000b

1,000,000b -----c 61,000b

120,000b -----c 100b 100 *

1918-02-1 Picloramo 140,000b -----c 14,000b -----c 2 20 NA

1336-36-3 Polychlorinated biphenyls (PCBs)n 1h -----c,h 1h -----c,h -----h -----h *

129-00-0 Pyrene 61,000b -----c 61,000b -----c 4,200b 21,000 *






Construction Worker




Inhalation (mg/kg)

Ingestion (mg/kg)

Inhalation (mg/kg)

Class I (mg/kg)

Class II (mg/kg)

ADL (mg/kg)

122-34-9 Simazineo 10,000b -----c 1,000b -----c 0.04 0.37 NA

100-42-5 Styrene 410,000b 1,500d 41,000b 430b 4 18 *

127-18-4 Tetrachloroethylene (Perchloroethylene) 110e 20e 2,400e 28e 0.06 0.3 *

108-88-3 Toluene 410,000b 650d 410,000b 42b 12 29 *

8001-35-2 Toxaphenen 5.2e 170e 110e 240e 31 150 *

120-82-1 1,2,4-Trichlorobenzene 20,000b 3,200d 2,000b 920b 5 53 *

71-55-6 1,1,1-Trichloroethane -----c 1,200d -----c 1,200d 2 9.6 *

79-00-5 1,1,2-Trichloroethane 8,200b 1,800d 8,200b 1,800d 0.02 0.3 *

79-01-6 Trichloroethylene 520e 8.9e 1,200b 12e 0.06 0.3 *

108-05-4 Vinyl acetate 1,000,000b 1,600b 200,000b 10b 170b 170 *






Construction Worker




Inhalation (mg/kg)

Ingestion (mg/kg)

Inhalation (mg/kg)

Class I (mg/kg)

Class II (mg/kg)

ADL (mg/kg)

75-01-4 Vinyl chloride 7.9e 1.1e 170e 1.1b 0.01f 0.07 *

108-38-3 m-Xylene 410,000b

1,000,000 420d 41,000b

410,000b 6.4b420d 210 210 *

95-47-6 o-Xylene 410,000b

1,000,000 410d 41,000b

410,000b 6.5b410d 190 190 *

106-42-3 p-Xylene 410,000b

1,000,000 460d 41,000b

410,000b 5.9b460d 200 200 *

1330-20-7 Xylenes (total) 410,000b

1,000,000b 320d 41,000b

410,000b 5.6b320d 150 150 *

Ionizable Organics

65-85-0 Benzoic Acid 1,000,000b -----c 820,000b -----c 400b,iI 400i *

95-57-8 2-Chlorophenol 10,000b 53,000d 10,000b 53,000d 4b,iI 20i *

120-83-2 2,4-Dichlorophenol 6,100b -----c 610b -----c 1b,iI 1i *

51-28-5 2,4-Dinitrophenol 4,100b -----c 410b -----c 0.2b,fiI 0.2i 3.3

88-85-7 Dinosebo 2,000b -----c 200b -----c 0.34b,iI 3.4i *






Construction Worker




Inhalation (mg/kg)

Ingestion (mg/kg)

Inhalation (mg/kg)

Class I (mg/kg)

Class II (mg/kg)

ADL (mg/kg)

87-86-5 Pentachlorophenol 24e,j -----c 520e,j -----c 0.03if,I 0.14i *

93-72-1 2,4,5-TP (Silvex) 16,000b -----c 1,600b -----c 11i 55i *

95-95-4 2,4,5-Trichlorophenol 200,000b -----c 200,000b -----c 270b,iI 1,400i *

88-06-2 2,4,6-Trichlorophenol 520e 390e 11,000e 540e 0.2e,i,f,I 0.77i 0.66






Construction Worker




Inhalation (mg/kg)

Ingestion (mg/kg)

Inhalation (mg/kg)

Class I (mg/L)

Class II (mg/L)

ADL (mg/kg)

Inorganics

7440-36-0 Antimony 820b -----c 82b -----c 0.006m 0.024m *

7440-38-2 Arsenicl,n ---t 1,200e 61b 25,000e 0.05m 0.2m *

7440-39-3 Barium 140,000b 910,000b 14,000b 870,000b 2.0m 2.0m *

7440-41-7 Beryllium 4,100b 2,100e 410b 44,000e 0.004m 0.5m *

7440-42-8 Boron 410,000b

180,000b ---c

1,000,000 41,000b

18,000b ---c

1,000,000 2.0m 2.0m *

7440-43-9 Cadmiuml,n 2,000b,r 2,800e 200b,r 59,000e 0.005m 0.05m *

7440-70-2 Calciumn ---g ---c ---g ---c ---c ---c *

16887-00-6 Chloride -------c -----c -----c -----c 200m 200m *

7440-47-3 Chromium, total 6,100 b 420e 4,100b 690b 0.1m 1.0m *

16065-83-1 Chromium, ion, trivalent 1,000,000b -----c 310,000b -----c -----g -----g *

18540-29-9 Chromium, ion, hexavalent 6,100b 420e 4,100b 690b ----- ----- *






Construction Worker




Inhalation (mg/kg)

Ingestion (mg/kg)

Inhalation (mg/kg)

Class I (mg/kg)

Class II (mg/kg)

ADL (mg/kg)

7440-48-4 Cobalt 120,000b -----c 12,000b -----c 1.0m 1.0m *

7440-50-8 Coppern 82,000b -----c 8,200b -----c 0.65m 0.65m *

57-12-5 Cyanide (amenable) 41,000b -----c 4,100b -----c 0.2q,m 0.6q,m *

7782-41-4 Fluoride 120,000b -----c 12,000b -----c 4.0m 4.0m *

15438-31-0 Iron -----c -----c -----c -----c 5.0m 5.0m *

7439-92-1 Lead 800y400k -----c 700y400k -----c 0.0075m 0.1m *

7439-95-4 Magnesiumn ---g ---c 730,000 ---c ---c ---c *

7439-96-5 Manganese 41,000b,w

96,000b 91,000b 4,100b,w

9,600b 8,700b 0.15m 10.0m *

7439-97-6 Mercuryl,n,s 610b 16b

540,000b 61b 0.1b

52,000b 0.002m 0.01m *

7440-02-0 Nickell 41,000b 21,000e 4,100b 440,000e 0.1m 2.0m *

14797-55-8 Nitrate as Np 1,000,000b -----c 330,000b -----c 10.0q 100q *

7723-14-0 Phosphorusn ---g ---c ---g ---c ---c ---c *

7440-09-7 Potassiumn ---g ---c ---g ---c ---c ---c *

7782-49-2 Seleniuml,n 10,000b -----c 1,000b -----c 0.05m 0.05m *






Construction Worker



Inhalation (mg/kg)

Ingestion (mg/kg)

Inhalation (mg/kg)

Class I (mg/kg)

Class II (mg/kg)

ADL (mg/kg)

7440-22-4 Silver 10,000b -----c 1,000b -----c 0.05m ----- *

7440-23-5 Sodiumn ---g ---c ---g ---c ---c ---c *

14808-79-8 Sulfate -----c -----c -----c -----c 400m 400m *

7440-28-0 Thallium 160b,u -----c 160b,u -----c 0.002m 0.02m *

7440-62-2 Vanadium 14,000b -----c 1,400b -----c 0.049m 0.1m *

7440-66-6 Zincl 610,000b -----c 61,000b -----c 5.0m 10m *

"*" indicates that the ADL is less than or equal to the specified remediation objective. NA means Not Available; no PQL or EQL available in USEPA analytical methods. Chemical Name and Soil Remediation Objective Notations (2nd, 5th thru 8th Columns)

a Soil remediation objectives based on human health criteria only. b Calculated values correspond to a target hazard quotient of 1. c No toxicity criteria available for this route of exposure. d Soil saturation concentration (C[sat]) = the 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 which are liquid at ambient soil temperatures) have been violated, and alternative modeling approaches are required.

e Calculated values correspond to a cancer risk level of 1 in 1,000,000. f Level is at or below Contract Laboratory Program required quantitation limit for Regular

Analytical Services (RAS). g Chemical-specific properties are such that this route is not of concern at any soil contaminant

concentration. h 40 CFR 761 contains applicability requirements and methodologies for the development of

PCB remediation objectives. Requests for approval of a Tier 3 evaluation must address the applicability of 40 CFR 761.




iI Soil remediation objective for pH of 6.8. If soil pH is other than 6.8, refer to Appendix B, Tables C and D in this Part.

j Ingestion soil remediation objective adjusted by a factor of 0.5 to account for dermal route. k A preliminary remediation goal of 400 mg/kg has been set for lead based on Revised Interim

Soil Lead Guidance for CERCLA Sites and RCRA Corrective Action Facilities, OSWER Directive #9355.4-12.

I Potential for soil-plant-human exposure. m The person conducting the remediation has the option to use: (1) TCLP or SPLP test results to

compare with the remediation objectives listed in this Table; or (2) the total amount of contaminant in the soil sample results to compare with pH specific remediation objectives listed in Appendix B, Table C or D of this Part. (seeSee Section 742.510.); or (3) the appropriate background value listed in Appendix A, Table G. If the person conducting the remediation wishes to calculate soil remediation objectives based on background concentrations, this should be done in accordance with Subpart D of this Part.

n The Agency reserves the right to evaluate the potential for remaining contaminant concentrations to pose significant threats to crops, livestock, or wildlife.

o For agrichemical facilities, remediation objectives for surficial soils which are based on field application rates may be more appropriate for currently registered pesticides. Consult the Agency for further information.

p For agrichemical facilities, soil remediation objectives based on site-specific background concentrations of Nitrate as N may be more appropriate. Such determinations shall be conducted in accordance with the procedures set forth in Subparts D and I of this Part.

q The TCLP extraction must be done using water at a pH of 7.0. r Value based on dietary Reference Dose. s Value for Ingestion based on Reference Dose for Mercuric chloride (CAS No. 7487-94-7);

value for Inhalation based on Reference Concentration for elemental Mercury (CAS No. 7439-97-6). Inhalation remediation objective only applies at sites where elemental mercury is a contaminant of concern.

t For the ingestion route for arsenic for industrial/commercial, see 742.Appendix A, Table G. u Value based on Reference Dose for Thallium sulfate (CAS No. 7446-18-

6). w Value based on Reference Dose adjusted for dietary intake. x For any populated areas as defined in Section 742.200, Appendix A, Table H may be used. y Value based on maintaining fetal blood lead below 10 µg/d1, using the USEPA adults Blood

Lead Model. v Calculated values correspond to soil concentrations that should not result in air concentrations

that exceed criteria for workplace air.





Section 742.APPENDIX B Tier 1 Illustrations and Tables and Illustrations Section 742.TABLE C pH Specific Soil Remediation Objectives for Inorganics and Ionizing Organics for the Soil Component of the Groundwater Ingestion Route (Class I Groundwater)

Chemical (totals) (mg/kg)

pH 4.5 to 4.74

pH 4.75 to 5.24

pH 5.25 to 5.74

pH 5.75 to 6.24

pH 6.25 to 6.64

pH 6.65 to 6.89

pH 6.9 to 7.24

pH 7.25 to 7.74

pH 7.75 to 8.24

pH 8.25 to 8.74

pH 8.75 to 9.0

Inorganics

Antimony 5 5 5 5 5 5 5 5 5 5 5

Arsenic 25 26 27 28 29 29 29 30 31 32 33

Barium 260 490 850 1,200 1,500 1,600 1,700 1,800 2,100 __a __a

Beryllium 1.1 2.1 3.4 6.6 22 63 140 1,000 8,000 __a __a

Cadmium 1.0 1.7 2.7 3.7 5.2 7.5 11 59 430 __a __a

Chromium (+6) 70 62 54 46 40 38 36 32 28 24 21

Copper 330 580 2,100 11,000 59,000 130,000 200,000 330,000 330,000 __a __a

Cyanide 40 40 40 40 40 40 40 40 40 40 40

Lead 23 23 23 23 107 107 107 107 107 107 282

Mercury 0.01 0.01` 0.03 0.15 0.89 2.1 3.3 6.4 8.0 __a __a

Nickel 20 36 56 76 100 130 180 700 3,800 __a __a

Selenium 24 17 12 8.8 6.3 5.2 4.5 3.3 2.4 1.8 1.3

Silver 0.24 0.33 0.62 1.5 4.4 8.5 13 39 110 __a __a

Thallium 1.6 1.8 2.0 2.4 2.6 2.8 3.0 3.4 3.8 4.4 4.9

Vanadium 980 980 980 980 980 980 980 980 980 980 980

Zinc 1,000 1,800 2,600 3,600 5,100 6,200 7,500 16,000 53,000 __a __a





pH 4.5 to 4.74

pH 4.75 to 5.24

pH 5.25 to 5.74

pH 5.75 to 6.24

pH 6.25 to 6.64

pH 6.65 to 6.89

pH 6.9 to 7.24

pH 7.25 to 7.74

pH 7.75 to 8.24

pH 8.25 to 8.74

pH 8.75 to 9.0

Organics

Benzoic Acid 440 420 410 400 400 400 400 400 400 400 400

2-Chlorophenol 4.0 4.0 4.0 4.0 3.9 3.9 3.9 3.6 3.1 2.2 1.5

2,4-Dichlorophenol 1.0 1.0 1.0 1.0 1.0 1.0 1.0 0.86 0.69 0.56 0.48

Dinoseb 8.4 4.5 1.9 0.82 0.43 0.34 0.31 0.27 0.25 0.25 0.25

Pentachlorophenol 0.54 0.32 0.15 0.07 0.04 0.03 0.02 0.02 0.02 0.02 0.02

2,4,5-TP (Silvex) 26 16 12 11 11 11 11 11 11 11 11

2,4,5-Trichlorophenol 400 390 390 370 320 270 230 130 64 36 26

2,4,6-Trichlorophenol 0.37 0.36 0.34 0.29 0.20 0.15 0.13 0.09 0.07 0.07 0.07

a No data available for this pH range.





Section 742.APPENDIX B Tier 1 Illustrations and Tables and Illustrations Section 742.TABLE D pH Specific Soil Remediation Objectives for Inorganics and Ionizing Organics for the Soil Component of the Groundwater Ingestion Route (Class II Groundwater)


pH 4.5 to 4.74

pH 4.75 to 5.24

pH 5.25 to 5.74

pH 5.75 to 6.24

pH 6.25 to 6.64

pH 6.65 to 6.89

pH 6.9 to 7.24

pH 7.25 to 7.74

pH 7.75 to 8.24

pH 8.25 to 8.74

pH 8.75 to 9.0

Inorganics

Antimony 20 20 20 20 20 20 20 20 20 20 20

Arsenic 100 100 100 110 110 120 120 120 120 130 130

Barium 260 490 850 1,200 1,500 1,600 1,700 1,800 2,100 __a __a

Beryllium 140 260 420 820 2,800 7,900 17,000 130,000 1,000,000 __a __a

Cadmium 10 17 27 37 52 75 110 590 4,300 __a __a

Chromium (+6) No Data No Data No Data No Data No Data No Data No Data No Data No Data No Data No Data

Copper 330 580 2,100 11,000 59,000 130,000 200,000 330,000 330,000 __a __a

Cyanide 120 120 120 120 120 120 120 120 120 120 120

Lead 300 300 300 300 1,420 1,420 1,420 1,420 1,420 1,420 3,760

Mercury 0.05 0.06 0.14 0.75 4.4 10 16 32 40 __a __a

Nickel 400 730 1,100 1,500 2,000 2,600 3,500 14,000 76,000 __a __a

Selenium 24 17 12 8.8 6.3 5.2 4.5 3.3 2.4 1.8 1.3

Thallium 16 18 20 24 26 28 30 34 38 44 49

Zinc 2,000 3,600 5,200 7,200 10,000 12,000 15,000 32,000 110,000 __a __a





pH 4.5 to 4.74

pH 4.75 to 5.24

pH 5.25 to 5.74

pH 5.75 to 6.24

pH 6.25 to 6.64

pH 6.65 to 6.89

pH 6.9 to 7.24

pH 7.25 to 7.74

pH 7.75 to 8.24

pH 8.25 to 8.74

pH 8.75 to 9.0

Organics

Benzoic Acid 440 420 410 400 400 400 400 400 400 400 400

2-Chlorophenol 20 20 20 20 20 20 19 3.6 3.1 2.2 1.5

2,4-Dichlorophenol 1.0 1.0 1.0 1.0 1.0 1.0 1.0 0.86 0.69 0.56 0.48

Dinoseb 84 45 19 8.2 4.3 3.4 3.1 2.7 2.5 2.5 2.5

Pentachlorophenol 2.7 1.6 0.75 0.33 0.18 0.15 0.12 0.11 0.10 0.10 0.10

2,4,5-TP (Silvex) 130 79 62 57 55 55 55 55 55 55 55

2,4,5-Trichlorophenol 2,000 2,000 1,900 1,800 1,600 1,400 1,200 640 64 36 26

2,4,6-Trichlorophenol 1.9 1.8 1.7 1.4 1.0 0.77 0.13 0.09 0.07 0.07 0.07

a No data available for this pH range.





Section 742.APPENDIX B Tier 1 Illustrations and Tables and Illustrations Section 742.TABLE E Tier 1 Groundwater Remediation Objectives for the Groundwater Component of the Groundwater Ingestion Route

Groundwater Remediation Objective

CAS No. Chemical Name Organics Class I (mg/L)

Class II (mg/L)

83-32-9 Acenaphthene 0.42 2.1

67-64-1 Acetone 6.30.7 6.30.7

15972-60-8 Alachlor 0.002c 0.01c

116-06-3 Aldicarb 0.003c 0.015c

309-00-2 Aldrin 0.014a 0.07

120-12-7 Anthracene 2.1 10.5

1912-24-9 Atrazine 0.003c 0.015c

71-43-2 Benzene 0.005c 0.025c

56-55-3 Benzo(a)anthracene 0.00013a 0.00065

205-99-2 Benzo(b)fluoranthene 0.00018a 0.0009

207-08-9 Benzo(k)fluroanthene 0.00017a 0.00085

50-32-8 Benzo(a)pyrene 0.0002a,c 0.002c

65-85-0 Benzoic Acid 28 28

111-44-4 Bis(2-chloroethyl)ether 0.01a 0.01

117-81-7 Bis(2-ethylhexyl)phthalate (Di(2-ethylhexyl)phthalate) 0.006c 0.06c

75-27-4 Bromodichloromethane (Dichlorobromomethane) 0.0002a 0.0002

75-25-2 Bromoform 0.001a 0.001

71-36-3 Butanol 0.7 0.7

85-68-7 Butyl benzyl phthalate 1.4 7.0

86-74-8 Carbazole --- ---

1563-66-2 Carbofuran 0.04c 0.2c

75-15-0 Carbon disulfide 0.7 3.5

56-23-5 Carbon tetrachloride 0.005c 0.025c

57-74-9 Chlordane 0.002c 0.01c





CAS No. Chemical Name Class I (mg/L)

Class II (mg/L)

106-47-8 4-Chloroaniline (p-Chloroaniline) 0.028 0.028

108-90-7 Chlorobenzene (Monochlorobenzene) 0.1c 0.5c

124-48-1 Chlorodibromomethane (Dibromochloromethane) 0.14 0.14

67-66-3 Chloroform 0.0002a 0.001

95-57-8 2-Chlorophenol (pH 4.9-7.3) 0.035 0.175

2-Chlorophenol (pH 7.4-8.0) 0.035 0.035

218-01-9 Chrysene 0.0015a 0.0075

94-75-7 2,4-D 0.07c 0.35c

75-99-0 Dalapon 0.2c 2.0c

72-54-8 DDD 0.014a 0.07

72-55-9 DDE 0.01a 0.05

50-29-3 DDT 0.006a 0.03

53-70-3 Dibenzo(a,h)anthracene 0.0003a 0.0015

96-12-8 1,2-Dibromo-3-chloropropane 0.0002c 0.0002c

106-93-4 1,2-Dibromoethane (Ethylene dibromide) 0.00005c 0.0005c

84-74-2 Di-n-butyl phthalate 0.7 3.5

95-50-1 1,2-Dichlorobenzene (o - Dichlorobenzene) 0.6c 1.5c

106-46-7 1,4-Dichlorobenzene (p - Dichlorobenzene) 0.075c 0.375c

91-94-1 3,3'-Dichlorobenzidine 0.02a 0.1

75-34-3 1,1-Dichloroethane 0.7 3.5

107-06-2 1,2-Dichloroethane (Ethylene dichloride) 0.005c 0.025c

75-35-4 1,1-Dichloroethyleneb 0.007c 0.035c

156-59-2 cis-1,2-Dichloroethylene 0.07c 0.2c

156-60-5 trans-1,2-Dichloroethylene 0.1c 0.5c

120-83-2 2,4-Dichlorophenol 0.021 0.021

78-87-5 1,2-Dichloropropane 0.005c 0.025c

542-75-6 1,3-Dichloropropene (1,3-Dichloropropylene, cis + trans) 0.001a 0.005






Class II (mg/L)

60-57-1 Dieldrin 0.009a 0.045

84-66-2 Diethyl phthalate 5.6 5.6

105-67-9 2,4-Dimethylphenol 0.14 0.14

51-28-5 2,4-Dinitrophenol 0.014 0.014

121-14-2 2,4-Dinitrotoluenea 0.00002a 0.00002

606-20-2 2,6-Dinitrotoluenea 0.00031a 0.00031

88-85-7 Dinoseb 0.007c 0.07c

117-84-0 Di-n-octyl phthalate 0.14 0.7

115-29-7 Endosulfan 0.042 0.21

145-73-3 Endothall 0.1c 0.1c

72-20-8 Endrin 0.002c 0.01c

100-41-4 Ethylbenzene 0.7c 1.0c

206-44-0 Fluoranthene 0.28 1.4

86-73-7 Fluorene 0.28 1.4

76-44-8 Heptachlor 0.0004c 0.002c

1024-57-3 Heptachlor epoxide 0.0002c 0.001c

118-74-1 Hexachlorobenzene 0.00006a 0.0003

319-84-6 alpha-HCH (alpha-BHC) 0.00011a 0.00055

58-89-9 gamma-HCH (Lindane) 0.0002c 0.001c

77-47-4 Hexachlorocyclopentadiene 0.05c 0.5c

67-72-1 Hexachloroethane 0.007 0.035

193-39-5 Indeno(1,2,3-c,d)pyrene 0.00043a 0.00215

78-59-1 Isophorone 1.4 1.4

72-43-5 Methoxychlor 0.04c 0.2c

74-83-9 Methyl bromide (Bromomethane) 0.0098 0.049

75-09-2 Methylene chloride (Dichloromethane) 0.005c 0.05c

95-48-7 2-Methylphenol (o-Cresol) 0.35 0.35

91-20-3 Naphthalene 0.14 0.22

98-95-3 Nitrobenzeneb 0.0035 0.0035






Class II (mg/L)

86-30-6 N-Nitrosodiphenylamine 0.0032 a 0.016

621-64-7 N-Nitrosodi-n-propylamine 0.0018 a 0.0018

87-86-5 Pentachlorophenol 0.001c 0.005c

108-95-2 Phenol 0.1c 0.1c

1918-02-1 Picloram 0.5c 5.0c

1336-36-3 Polychlorinated biphenyls (PCBs) 0.0005c 0.0025c

129-00-0 Pyrene 0.21 1.05

122-34-9 Simazine 0.004c 0.04c

100-42-5 Styrene 0.1c 0.5c

93-72-1 2,4,5-TP (Silvex) 0.05c 0.25c

127-18-4 Tetrachloroethylene (Perchloroethylene) 0.005c 0.025c

108-88-3 Toluene 1.0c 2.5c

8001-35-2 Toxaphene 0.003c 0.015c

120-82-1 1,2,4-Trichlorobenzene 0.07c 0.7c

71-55-6 1,1,1-Trichloroethaneb 0.2c 1.0c

79-00-5 1,1,2-Trichloroethane 0.005c 0.05c

79-01-6 Trichloroethylene 0.005c 0.025c

95-95-4 2,4,5-Trichlorophenol (pH 4.9-7.8) 0.7 3.5

2,4,5-Trichlorophenol (pH 7.9-8.0) 0.7 0.7

88-06-2 2,4,6-Trichlorophenol (pH 4.9-6.8) 0.01a 0.05


108-05-4 Vinyl acetate 7.0 7.0

75-01-4 Vinyl chloride 0.002c 0.01c

1330-20-7 Xylenes (total) 10.0c 10.0c

Ionizable Organics

65-85-0 Benzoic Acid 28 28

106-47-8 4-Chloroaniline (p-Chloroaniline) 0.028 0.028

95-57-8 2-Chlorophenol 0.035 0.175

120-83-2 2,4-Dichlorophenol 0.021 0.021

105-67-9 2,4-Dimethylphenol 0.14 0.14




51-28-5 2,4-Dinitrophenol 0.014 0.014

95-48-7 2-Methylphenol (o - Cresol) 0.35 0.35






Class II (mg/L)

95-95-4 2,4,5-Trichlorophenol 0.7 3.5

88-06-2 2,4,6 Trichlorophenol 0.01 a 0.05

Inorganics

7440-36-0 Antimony 0.006c 0.024c

7440-38-2 Arsenic 0.05c 0.2c

7440-39-3 Barium 2.0c 2.0c

7440-41-7 Beryllium 0.004c 0.5c

7440-42-8 Boron 2.0c 2.0c

7440-43-9 Cadmium 0.005c 0.05c

7440-70-2 Calcium ---d ---d

16887-00-6 Chloride 200c 200c

7440-47-3 Chromium, total 0.1c 1.0c

18540-29-9 Chromium, ion, hexavalent --- ---

7440-48-4 Cobalt 1.0c 1.0c

7440-50-8 Copper 0.65c 0.65c

57-12-5 Cyanide 0.2c 0.6c

7782-41-4 Fluoride 4.0c 4.0c

15438-31-0 Iron 5.0c 5.0c

7439-92-1 Lead 0.0075c 0.1c

7439-95-4 Magnesium ---d ---d

7439-96-5 Manganese 0.15c 10.0c

7439-97-6 Mercury 0.002c 0.01c

7440-02-0 Nickel 0.1c 2.0c

14797-55-8 Nitrate as N 10.0c 100c

7723-14-0 Phosphorus ---d ---d

7440-09-7 Potassium ---d ---d

7782-49-2 Selenium 0.05c 0.05c

7440-22-4 Silver 0.05c ---

7440-23-5 Sodium ---d ---d




14808-79-8 Sulfate 400c 400c






Class II (mg/L)

7440-28-0 Thallium 0.002c 0.02c

7440-62-2 Vanadiumb 0.049 0.1

7440-66-6 Zinc 5.0c 10c Chemical Name and Groundwater Remediation Objective Notations

a The groundwater remediation objective is equal to the ADL for carcinogens according to the procedures specified in 35 Ill. Adm. Code 620.

b Oral Reference Dose and/or Reference Concentration under review by USEPA. Listed values subject to change.

c Value listed is also the Groundwater Quality Standard for this chemical pursuant to 35 Ill. Adm. Code 620.410 for Class I Groundwater or 35 Ill. Adm. Code 620.420 for Class II Groundwater.

d This chemical is included in the Total Dissolved Solids (TDS) Groundwater Quality Standard of 1,200 mg/L pursuant to 35 Ill. Adm. Code 620.410 for Class I Groundwater or 35 Ill. Adm. Code 620.420 for Class II Groundwater.





Section 742.APPENDIX B Tier 1 Illustrations and Tables and Illustrations Section 742.TABLE F Values Used to Calculate the Tier 1 Soil Remediation Objectives for the Soil Component of the Groundwater Ingestion Route

GWobj Concentration used to Calculate Tier 1 Soil Remediation Objectivesa

CAS No. Chemical Name

Organics

Class I (mg/L)

Class II (mg/L)

83-32-9 Acenaphthene 2.0b 10

67-64-1 Acetone 6.34.0b 6.34.0

15972-60-8 Alachlor 0.002c 0.01c

116-06-3 Aldicarb 0.003c 0.015c

309-00-2 Aldrin 5.0E-6b 2.5E-5

120-12-7 Anthracene 10b 50

1912-24-9 Atrazine 0.003c 0.015c

71-43-2 Benzene 0.005c 0.025c

56-55-3 Benzo(a)anthracene 0.0001b 0.0005

205-99-2 Benzo(b)fluoranthene 0.0001b 0.0005

207-08-9 Benzo(k)fluroanthene 0.001b 0.005

50-32-8 Benzo(a)pyrene 0.0002a,c 0.002c

65-85-0 Benzoic Acid 100b 100

111-44-4 Bis(2-chloroethyl)ether 8.0E-5b 8.0E-5

117-81-7 Bis(2-ethylhexyl)phthalate (Di(2-ethylhexyl)phthalate)

0.006a,c 0.06c

75-27-4 Bromodichloromethane (Dichlorobromomethane)

0.1b 0.1

75-25-2 Bromoform 0.1b 0.01

71-36-3 Butanol 4.0b 4.0

85-68-7 Butyl benzyl phthalate 7.0b 35

86-74-8 Carbazole 0.004b 0.02

1563-66-2 Carbofuran 0.04c 0.2c

75-15-0 Carbon disulfide 4.0b 20

56-23-5 Carbon tetrachloride 0.005c 0.025c

57-74-9 Chlordane 0.002c 0.01c






Class II (mg/L)

106-47-8 4-Chloroaniline (ρ-Chloroaniline) 0.1b 0.1

108-90-7 Chlorobenzene (Monochlorobenzene)

0.1c 0.5c

124-48-1 Chlorodibromomethane (Dibromochloromethane)

0.06b 0.06

67-66-3 Chloroform 0.1b 0.5

95-57-8 2-Chlorophenol (pH 4.9-7.3) 0.2b 1.0

2-Chlorophenol (pH 7.4-8.0) 0.2 0.2

218-01-9 Chrysene 0.1b 0.05

94-75-7 2,4-D 0.07c 0.35c

75-99-0 Dalapon 0.2c 2.0c

72-54-8 DDD 0.0004b 0.002

72-55-9 DDE 0.0003b 0.0015

50-29-3 DDT 0.0003b 0.0015

53-70-3 Dibenzo(a,h)anthracene 1.0E-5b 5.0E-5

96-12-8 1,2-Dibromo-3-chloropropane 0.0002c 0.0020.0002c

106-93-4 1,2-Dibromoethane (Ethylene dibromide)

0.00005a,c 0.0005c

84-74-2 Di-n-butyl phthalate 4.0b 20

95-50-1 1,2-Dichlorobenzene (o - Dichlorobenzene)

0.6c 1.5c

106-46-7 1,4-Dichlorobenzene (p - Dichlorobenzene)

0.075c 0.375c

91-94-1 3,3'-Dichlorobenzidine 0.0002b 0.001

75-34-3 1,1-Dichloroethane 4.0b 20

107-06-2 1,2-Dichloroethane (Ethylene dichloride)

0.005c 0.025c

75-35-4 1,1-Dichloroethylene 0.007c 0.035c

156-59-2 cis-1,2-Dichloroethylene 0.07c 0.2c

156-60-5 trans-1,2-Dichloroethylene 0.1c 0.5c

120-83-2 2,4-Dichlorophenol 0.1b 0.1

78-97-5 1,2-Dichloropropane 0.005c 0.025c


0.0005b 0.0025






Class II (mg/L)

60-57-1 Dieldrin 5.0E-6b 2.5E-5

84-66-2 Diethyl phthalate 30b 30

105-67-9 2,4-Dimethylphenol 0.7b 0.7

51-28-5 2,4-Dinitrophenol 0.04b 0.04

121-14-2 2,4-Dinitrotoluene 0.0001b 0.0001

606-20-2 2,6-Dinitrotoluene 0.0001 0.0001

88-85-7 Dinoseb 0.007c 0.07c

117-84-0 Di-n-octyl phthalate 0.7b 3.5

115-29-7 Endosulfan 0.2b 1.0

145-73-3 Endothall 0.1c 0.1c

72-20-8 Endrin 0.002c 0.01c

100-41-4 Ethylbenzene 0.7c 1.0c

206-44-0 Fluoranthene 1.0b 5.0

86-73-7 Fluorene 1.0b 5.0

76-44-8 Heptachlor 0.0004c 0.002c

1024-57-3 Heptachlor epoxide 0.0002c 0.001c

118-74-1 Hexachlorobenzene 0.001b 0.005

319-84-6 alpha-HCH (alpha-BHC) 1.0E-5b 5.0E-5

58-89-9 gamma-HCH (Lindane) 0.0002c 0.001c

77-47-4 Hexachlorocyclopentadiene 0.05c 0.5c

67-72-1 Hexachloroethane 0.007 0.035

193-39-5 Indeno(1,2,3-c,d)pyrene 0.0001b 0.0005

78-59-1 Isophorone 1.4 1.4

72-43-5 Methoxychlor 0.04c 0.2c

74-83-9 Methyl bromide (Bromomethane) 0.05b 0.25

1634-04-4 Methyl tertiary-butyl ether 0.07 0.07

75-09-2 Methylene chloride (Dichloromethane) 0.005c 0.05c

95-48-7 2-Methylphenol (o-Cresol) 2.0b 2.0

91-20-3 Naphthalene 0.14 0.22

98-95-3 Nitrobenzene 0.02b 0.02

86-30-6 N-Nitrosodiphenylamine 0.02b 0.1

621-64-7 N-Nitrosodi-n-propylamine 1.0E-5b 1.0E-5




87-86-5 Pentachlorophenol 0.001a,c 0.005c

108-95-2 Phenol 0.1c 0.1c






Class II (mg/L)

1918-02-1 Picloram 0.5c 5.0c

1336-36-3 Polychlorinated biphenyls (PCBs) --- ---

129-00-0 Pyrene 1.0b 5.0

122-34-9 Simazine 0.004c 0.04c

100-42-5 Styrene 0.1c 0.5c

93-72-1 2,4,5-TP (Silvex) 0.05c 0.25c

127-18-4 Tetrachloroethylene (Perchloroethylene) 0.005c 0.025c

108-88-3 Toluene 1.0c 2.5c

8001-35-2 Toxaphene 0.003c 0.015c

120-82-1 1,2,4-Trichlorobenzene 0.07c 0.7c

71-55-6 1,1,1-Trichloroethane2 0.2c 1.0c

79-00-5 1,1,2-Trichloroethane 0.005c 0.05c

79-01-6 Trichloroethylene 0.005c 0.025c

95-95-4 2,4,5-Trichlorophenol (pH 4.9-7.8) 4.0b 20


88-06-2 2,4,6-Trichlorophenol (pH 4.9-6.8) 0.008b 0.04


108-05-4 Vinyl acetate 40b 40

75-01-4 Vinyl chloride 0.002c 0.01c

1330-20-7 Xylenes (total) 10.0c 10.0c

Ionizable Organics

65-85-0 Benzoic Acid 100b 100

106-47-8 4-Chloroaniline(p-Chloroaniline) 0.1b 0.1

95-57-8 2-Chlorophenol 0.2b 1.0

120-83-2 2,4-Dichlorophenol 0.1b 0.1

105-67-9 2,4-Dimethylphenol 0.7b 0.7

51-28-5 2,4-Dinitrophenol 0.04b 0.04

95-48-7 2-Methylphenol (o -Cresol) 2.0b 2.0

86-30-6 N-Nitrosodiphenylamine 0.02b 0.1






Class II (mg/L)

621-64-7 N-Nitrosodi-n-propylamine 1.0E-5b 1.0E-5

87-86-5 Pentachlorophenol 0.001a,c 0.005c

108-95-2 Phenol 0.1c 0.1c

95-95-4 2,4,5-Trichlorophenol 4.0b 20

88-06-2 2,4,6-Trichlorophenol 0.008b 0.04

Inorganics

7440-36-0 Antimony 0.006c 0.024c

7440-38-2 Arsenic 0.05c 0.2c

7440-39-3 Barium 2.0c 2.0c

7440-41-7 Beryllium 0.004c 0.5c

7440-42-8 Boron 2.0c 2.0c

7440-43-9 Cadmium 0.005c 0.05c

7440-70-2 Calcium --- ---

16887-00-6 Chloride 200c 200c

7440-47-3 Chromium, total 0.1c 1.0c

18540-29-9 Chromium, ion, hexavalent --- ---

7440-48-4 Cobalt 1.0c 1.0c

7440-50-8 Copper 0.65c 0.65c

57-12-5 Cyanide 0.2c 0.6c

7782-41-4 Fluoride 4.0c 4.0c

15438-31-0 Iron 5.0c 5.0c

7439-92-1 Lead 0.0075c 0.1c

7439-95-4 Magnesium --- ---

7439-96-5 Manganese 0.15c 10.0c

7439-97-6 Mercury 0.002c 0.01c

7440-02-0 Nickel 0.1c 2.0c

14797-55-8 Nitrate as N 10.0c 100c

7723-14-0 Phosphorus --- ---

7440-09-7 Potassium --- ---

7782-49-2 Selenium 0.05c 0.05c

7440-22-4 Silver 0.05c ---




7440-23-5 Sodium --- ---

14808-79-8 Sulfate 400c 400c






Class II (mg/L)

7440-28-0 Thallium 0.002c 0.02c

7440-62-2 Vanadium 0.049 0.1

7440-66-6 Zinc 5.0c 10c Chemical Name and Groundwater Remediation Objective Notations

a The Equation S17 is used to calculate the Soil Remediation Objective for the Soil Component of the Groundwater Ingestion Route; this equation requires calculation of the Target Soil Leachate Concentration (Cw) from Equation S18: Cw = DF x GWobj.

b Value listed is the Water Health Based Limit (HBL) for this chemical from Soil Screening Guidance: User’s Guide, incorporated by reference at Section 742.210. The HBL is equal to the non-zero MCLG (if available); the MCL (if available); or, for carcinogens, a cancer risk of 1.0E-6, and for noncarcinogens is equal to a Hazard Quotient of 1.0. NOTE: These GWobj concentrations are not equal to the Tier 1 Groundwater Remediation Objectives for the Direct Ingestion of Groundwater Component of the Groundwater Ingestion Route, listed in Section 742.Appendix B, Table E.

c Value listed is also the Groundwater Quality Standard for this chemical pursuant to 35 Ill. Adm. Code 620.410 for Class I Groundwater or 35 Ill. Adm. Code 620.420 for Class II Groundwater.





Section 742.APPENDIX C Tier 2 Illustrations and Tables and Illustrations Section 742.ILLUSTRATION A Tier 2 Evaluation for Soil<BR>Section 742.ILLUSTRATION B Tier 2 Evaluation for Groundwater<BR>Section 742.ILLUSTRATION C U.S. Department of Agriculture Soil Texture Classification<BR>Section 742.TABLE A SSL Equations





Section 742.APPENDIX C Tier 2 Illustrations and Tables and Illustrations Section 742.ILLUSTRATION B Tier 2 Evaluation for Groundwater




Section 742.APPENDIX C Tier 2 Illustrations and Tables and Illustrations Section 742.ILLUSTRATION C U.S. Department of Agriculture Soil Texture Classification

10

20

30

40

50

60

70

80

90

100

10

20

30

40

50

60

70

80

90

100 10 20 30 40 50 60 70 80 90 100

Clay

Sandy Clay

Sandy Clay Loam

Clay Loam

SiltyClay

Silty ClayLoam

Sandy Loam

Sand

Silt Loam

Silt

Loam

Loamy Sand

Percent Clay

Percent Silt

Percent Sand

Criteria Used with the Field Method for Determining Soil Texture Classes

Criterion 1. Individual grains

visible to eye

2. Stability of dry clods

3. Stability of wet clods

4. Stability of "ribbon" when wet soil rubbed between thumb and fingers

Sand Yes

Do not form

Unstable

Does not form

Sandy loam Yes

Do not form

Slightyl stable

Does not form

Loam Some

Easily broken

Moderately stable Does not form

Slit loam Few

Moderately easily broken

Stable

Broken appearance

Clay loam No

Hard and stable

Very stable

Thin, will break

Clay No

Very hard and stable

Very stable

Very long, flexible

Particle Size, mm

0.002

Clay Silt

0.05

Very Fine Fine Med. Coarse Very Coarse Gravel

Sand

0.10 0.25 0.5 1.0 2.0




Section 742.APPENDIX C Tier 2 Illustrations and Tables and Illustrations Section 742.TABLE A SSL Equations

THQ • BW • AT • 365 d/yr 1

Remediation Objectives for Noncarcinogenic Contaminants (mg/kg)

RfDo10-6 kg/mg • EF • Ed • Irsoil

S1

z Remediation Objectives for Carcinogenic Contaminants − Residential (mg/kg)

SFo • 10-6 kg/mg • EF • IFsoil-adj

S2

TR • BW • ATc • 365 d/yr

Equations for Soil Ingestion Exposure Route

Remediation Objectives for Carcinogenic Contaminants − Industrial/Commercial, Construction Worker (mg/kg)

SFo • 10-6 kg/mg • EF • ED • IRsoil

S3

THQ • AT • 365 d/yr 1 1

Remediation Objectives for Noncarcinogenic Contaminants − Residential, Industrial/Commercial (mg/kg)

EF • ED • ( RfC • VF )

S4

THQ • AT • 365 d/yr

1 1

Remediation Objectives for Noncarcinogenic Contaminants − Construction Worker (mg/kg)

EF • ED•( RfC•

VF' )

S5

TR • ATc • 365 d/yr 1

Remediation Objectives for Carcinogenic Contaminants − Residential, Industrial/ Commercial (mg/kg) URF • 1,000 µg/mg • EF • ED

• VF

S6

TR • ATc • 365 d/yr 1

Remediation Objectives for Carcinogenic Contaminants − Construction Worker (mg/kg)

URF 1,000 µg/mg • EF • ED • VF'

S7

Equations for Inhalation Exposure Route (Organic Contaminants and Mercury

Equation for Derivation of the Volatilization Factor − Residential, Industrial/

VF =

Q•

(3.14 • DA • T)1/2 • 10-4 m2/cm2

S8




Commercial, VF (m3/kg) C (2 •ρb •DA)

VFEquation for Derivation of the Volatilization Factor − Construction Worker, VF' (m3/kg)

VF1 = 10 S9

3.33 3.33(θ a • Di • H')+ (θ w • Dw) 1

Equation for Derivation of Apparent Diffusivity, DA (cm2/s)

DA =η2 •

(Ρb • Kd) + θw + (θa • H')

S10

THQ • AT • 365 d/yr 1 1

Remediation Objectives for Noncarcinogenic Contaminants − Residential, Industrial/Commercial (mg/kg)

EF • ED • ( RfC • PEF )

S11

THQ • AT • 365 d/yr 1 1

Remediation Objectives for Noncarcinogenic Contaminants − Construction Worker (mg/kg)

EF • ED • ( RfC • PEF' )

S12

TR • ATC • 365 d/yr 1

Remediation Objectives for Carcinogenic Contaminants − Residential, Industrial/ Commercial (mg/kg)

URF • 1,000 µg/mg • EF • ED • PEF

S13

TR • ATC • 365 d/yr 1

Remediation Objectives for Carcinogenic Contaminants − Construction Worker (mg/kg)

URF • 1,000 µg/mg • EF • ED • PEF'

S14

Q 3,600 s/hr Um

Equation for Derivation of Particulate Emission Factor, PEF (m3/kg)

PEF =

C•

0.036 • (1- V) • ( Ut )3

• F(x)

S15

PEF PEF' =10

Equations for Inhalation Exposure Route (Fugitive Dusts)

Equation for Derivation of Particulate Emission Factor, PEF' − Construction Worker (m3/kg)

NOTE: PEF must be the industrial/commercial value

S16

(θw + θa • H') Equations for the Soil Component of

Remediation Objective (mg/kg) Cw • [ Kd +

ρb ]

S17




NOTE: This equation can only be used to model contaminant migration not in the water bearing unit.

Target Soil Leachate Concentration, Cw (mg/L) Cw = DF • GWobj S18

Soil-Water Partition Coefficient, Kd (cm3/g) Kd = Koc • foc S19

I 1/(2b + 3) Water-Filled Soil Porosity, θw (Lwater/Lsoil) θw = η ● ( Ks

) S20

Air-Filled Soil Porosity, θa (Lair/Lsoil) θa = η - θw S21

K ● i ● d Dilution Factor, DF (unitless) DF = 1 +

I ● L S22

TR ● BW ● ATc ● 365d/yr

the Groundwater Ingestion Exposure Route

Groundwater Remediation Objection for Carcinogenic Contaminants, GWobj (mg/L)

SFo ● IRw ● EF ● ED

S23

ρb

Total Soil Porosity, η Lpore/Lsoil)

η = 1 -ρs

S24

(- L ● I) Equation for Estimation of Mixing Zone Depth, d (m) d = (0.0112 ● L2)0..5 + da[ 1 - exp (K ● i ● da) ] S25

Q [TM-L • (3.15 TM-L

• (107 s/yr)] VFM-L =

C•

ρb • ds • 106 cm3/m3

Mass-Limit Volatilization Factor for the Inhalation Exposure Route − Residential, Industrial/Commercial VF (m3/kg)

NOTE: This equation may be used when vertical thickness of contamination is known or can be estimated reliably.

S26

VFM-L

Mass-Limit Volatilization Factor for the Inhalation Exposure Route − Construction Worker, VT' − (m3/kg)

VF'M-L = 10

S27

(CW • IM-L • EDM-L) ρb • ds

Mass-Limit Equations for Inhalation Exposure Route and Soil Component of the Groundwater Ingestion Exposure Route

Mass-Limit Remediation Objective for Soil Component of the Groundwater Ingestion Exposure Route (mg/kg)

NOTE: This equation may be used when vertical thickness is known or can be estimated reliably.

S28




S Equation for Derivation of the Soil Saturation Limit, Csat

Csat = ρb

• [(Kd • ρb) + θw + (H' • θa)] S29





Section 742.APPENDIX C Tier 2 Illustrations and Tables and Illustrations Section 742.TABLE B SSL Parameters Symbol Parameter Units Source Parameter Value(s) AT Averaging Time for

Noncarcinogens in Ingestion Equation

yr Residential = 6 Industrial/Commercial = 25 Construction Worker = 0.115

AT Averaging Time for Noncarcinogens in Inhalation Equation

yr Residential = 30 Industrial/Commercial = 25 Construction Worker = 0.115

ATc Averaging Time for Carcinogens

yr SSL 70

BW Body Weight kg Residential = 15, noncarcinogens 70, carcinogens

Industrial/Commercial = 70 Construction Worker = 70

Csat Soil Saturation Concentration mg/kg Appendix A, Table A or Equation S29 in Appendix C, Table A

Chemical-Specific or Calculated Value

Cw Target Soil Leachate Concentration

mg/L Equation S18 in Appendix C, Table A

Groundwater Standard, Health Advisory concentration, or Calculated Value

d Mixing Zone Depth m SSL or Equation S25 in Appendix C, Table A

2 m or Calculated Value

da Aquifer Thickness m Field Measurement Site-Specific ds Depth of Source

(Vertical thickness of contamination)

m Field Measurement or Estimation

Site-Specific




Symbol Parameter Units Source Parameter Value(s) DA Apparent Diffusivity cm2/s Equation S10 in

Appendix C, Table A Calculated Value

Di Diffusivity in Air cm2/s Appendix C, Table E Chemical-Specific Dw Diffusivity in Water cm2/s Appendix C, Table E Chemical-Specific DF Dilution Factor unitless Equation S22 in

Appendix C, Table A 20 or Calculated Value

ED Exposure Duration for Ingestion of Carcinogens

yr Industrial/Commercial = 25 Construction Worker = 1

ED Exposure Duration for Inhalation of Carcinogens

yr Residential = 30 Industrial/Commercial = 25 Construction Worker = 1

ED Exposure Duration for Ingestion of Noncarcinogens


ED Exposure Duration for Inhalation of Noncarcinogens


ED Exposure Duration for the Direct Ingestion of Groundwater


EDM-L Exposure Duration for Migration to Groundwater Mass-Limit Equation S28

yr SSL 70

EF Exposure Frequency d/yr Residential = 350 Industrial/Commercial = 250 Construction Worker = 30

F(x) Function dependent on Um/Ut unitless SSL 0.194 foc Organic Carbon Content of

Soil g/g SSL or Field

Measurement (See Appendix C, Table F)

Surface Soil = 0.006 Subsurface soil = 0.002, or Site-

Specific GWobj Groundwater Remediation

Remediation Objective mg/L Appendix B, Table E,

35 IAC 620.Subpart F, or Equation S23 in Appendix C, Table A

Chemical-Specific or Calculated

H' Henry's Law Constant unitless Appendix C, Table E Chemical-Specific




Symbol Parameter Units Source Parameter Value(s) i Hydraulic Gradient m/m Field Measurement (See

Appendix C, Table F) Site-Specific

I Infiltration Rate m/yr SSL 0.3 IM-L Infiltration Rate for

Migration to Groundwater Mass-Limit Equation S28

m/yr SSL 0.18

IFsoil-adj (residential)

Age Adjusted Soil Ingestion Factor for Carcinogens

(mg-yr)/ (kg-d)

SSL 114

IRsoil Soil Ingestion Rate mg/d Residential = 200 Industrial/Commercial = 50 Construction Worker = 480

IRW Daily Water Ingestion Rate L/d Residential = 2 Industrial/Commercial = 1

K Aquifer Hydraulic Conductivity

m/yr Field Measurement (See Appendix C, Table F)

Site-Specific

Kd (Non-ionizing organics)

Soil-Water Partition Coefficient

cm3/g or L/kg

Equation S19 in Appendix C, Table A

Calculated Value

Kd (Ionizing organics)


cm3/g or L/kg

Equation S19 in Appendix C, Table A

Chemical and pH-Specific (see Appendix C, Table I)

Kd (In-organics)


cm3/g or L/kg

Appendix C, Table J Chemical and pH-Specific

Koc Organic Carbon Partition Coefficient

cm3/g or L/kg

Appendix C, Table E or Appendix C, Table I

Chemical-Specific

Ks Saturated Hydraulic Conductivity

m/yr Appendix C, Table K Appendix C, Illustration C

Site-Specific

L Source Length Parallel to Groundwater Flow

m Field Measurement Site-Specific




Symbol Parameter Units Source Parameter Value(s) PEF Particulate Emission

Factor m3/kg SSL or Equation S15 in

Appendix C, Table A Residential = 1.32 • 109 or Site-

Specific Industrial/Commercial = 1.24 • 109 or Site-Specific

PEF′ Particulate Emission Factor adjusted for Agitation (construction worker)

m3/kg Equation S16 in Appendix C, Table A using PEF (industrial/commercial)

1.24 • 108 or Site-Specific

Q/C (used in VF equations)

Inverse of the mean concentration at the center of a square source

(g/m2-s)/ (kg/m3)

Appendix C, Table H Residential = 68.81 Industrial/Commercial = 85.81 Construction Worker = 85.81

Q/C (used in PEF equations)

Inverse of the mean concentration at the center of a square source

(g/m2-s)/ (kg/m3)

SSL or Appendix C, Table H

Residential = 90.80 Industrial/Commercial = 85.81 Construction Worker = 85.81

RfC Inhalation Reference Concentration

mg/m3 IEPA (IRIS/HEASTa) Toxicological-Specific (Note: for Construction Workers use subchronic reference concentrations)

RfDo Oral Reference Dose mg/(kg-d) IEPA (IRIS/HEASTa) Toxicological-Specific (Note: for Construction Workers use subchronic reference doses)

S Solubility in Water mg/L Appendix C, Table E Chemical-Specific SFo Oral Slope Factor (mg/kg-d)-1 IEPA (IRIS/HEASTa) Toxicological-Specific T Exposure Interval s Residential = 9.5 • 108

Industrial/Commercial = 7.9 • 108

Construction Worker = 3.6 • 106

TM-L Exposure Interval for Mass-Limit Volatilization Factor Equation S26

yr SSL 30

THQ Target Hazard Quotient unitless SSL 1




Symbol Parameter Units Source Parameter Value(s) TR Target Cancer Risk unitless Residential = 10-6 at the point

of human exposure Industrial/Commercial = 10-6 at the point of human exposure Construction Worker = 10-6 at the point of human exposure

Um Mean Annual Windspeed m/s SSL 4.69 URF Inhalation Unit Risk

Factor (µg/m3)-1 IEPA (IRIS/HEASTa) Toxicological-Specific

Ut Equivalent Threshold Value of Windspeed at 7 m

m/s SSL 11.32

V Fraction of Vegetative Cover

unitless SSL or Field Measurement

0.5 of Site-Specific

VF Volatilization Factor m3/kg Equation S8 in Appendix C, Table A

Calculated Value

VF′ Volatilization Factor adjusted for Agitation

m3/kg Equation S9 in Appendix C, Table A

Calculated Value

VFM-L Mass-Limit Volatilization Factor


Calculated Value

VF′M-L Mass-Limit Volatilization Factor adjusted for Agitation


Calculated Value

η Total Soil Porosity Lpore/Lsoil SSL or Equation S24 in Appendix C, Table A

0.43, or Gravel = 0.25 Sand = 0.32 Silt = 0.40 Clay = 0.36, or Calculated Value




Symbol Parameter Units Source Parameter Value(s) θa Air-Filled Soil Porosity Lair/Lsoil SSL or Equation S21 in

Appendix C, Table A Surface Soil (top 1 meter) = 0.28 Subsurface Soil (below 1 meter) = 0.13, or

Gravel = 0.05 Sand = 0.14 Silt = 0.24 Clay = 0.19, or Calculated Value

θw Water-Filled Soil Porosity

Lwater/Ls

oil SSL or Equation S20 in Appendix C, Table A

Surface Soil (top 1 meter) = 0.15 Subsurface Soil (below 1 meter) = 0.30, or

Gravel = 0.20 Sand = 0.18 Silt = 0.16 Clay = 0.17, or Calculated Value

ρb Dry Soil Bulk Density kg/L or g/cm3

SSL or Field Measurement (See Appendix C, Table F)

1.5, or Gravel = 2.0 Sand = 1.8 Silt = 1.6 Clay = 1.7, or Site-Specific

ρs Soil Particle Density g/cm3 SSL or Field Measurement (See Appendix C, Table F)

2.65, or Site-Specific

ρw Water Density g/cm3 SSL 1 1/(2b+3) Exponential in Equation

S20 unitless Appendix C, Table K

Appendix C, Illustration C Site-Specific

a HEAST = Health Effects Assessment Summary Tables. USEPA, Office of Solid Waste and

Emergency Response. EPA/SQO/R-95/036. Updated Quarterly. (Source: Amended at 30 Ill. Reg. ______, effective ____________)




Section 742.APPENDIX C Tier 2 Illustrations and Tables and Illustrations Section 742.TABLE C RBCA Equations

Equations for the combined exposures routes of soil ingestion inhalation of vapors and particulates, and

Remediation Objectives for Carcinogenic Contaminants (mg/kg)

( ) ( )( )

TR BW ATcdyr

EF ED SFkgmg

IR RAF SA M RAF SF IRo soil o d i air

• • •

• • • • • + • • + • •−⎡

⎣⎢⎢

⎤

⎦⎥⎥

⎡⎣⎢

⎧⎨⎪

⎩⎪

365

10 6

dermal contact with soil Remediation Objectives for

Non-carcinogenic Contaminants (mg/kg)

( ) ( )[ ]THQ BW AT

ndyr

EF ED

kgmg

IR RAF SA M RAF

RfD

IR VFssRfD

soil o d

o

air

i

• • •

• •• + • •

+•− ⎛⎝⎜⎡

⎣

⎢⎢⎢

365

10 6

Volatilization Factor for Surficial Soils, VFss (kg/m3) Whichever is less between R3 and R4

( ) ([VFW

cm kgm g

UD H

k Hss

s

air air

seff

ws s s

=• • •

⋅⋅

••

• ′

• + • + ′•

2 1033

3ρ

δ π θ ρ θ

VFW d

cm kgm g

Uss

s

air air=

• • •⋅⋅

• •

ρ

δ τ

1033

3




Volatilization Factor for Surficial Soils Regarding Particulates, VFp (kg/m3) VF

P Wcm kgm g

Up

e

air air=

• •⋅⋅

•

1033

3

δ

Effective Diffusion Coefficient in Soil Based on Vapor-Phase Concentration Ds

eff

(cm2/s)

DD D

Hseff

airas

T

waterws

T=

•+

•′•

θθ

θθ

3 33

2

3 33

2

. .

Equations for the ambient vapor inhalation (outdoor) route fromsubsurface soils

Remediation Objectives for Carcinogenic Contaminants (mg/kg)

RBSLVF

air

samb

• −10 3

Remediation Objectives for Non-carcinogenic Contaminants (mg/kg)

RBSLVF

air

samb

• −10 3




Carcinogenic Risk-Based Screening Level for Air, RBSLair (ug/m3) RBSL

TR BW ATdyr

ugmg

SF IR EF EDair

c

i air=

• • • •

• • •

365 103

Noncarcinogenic Risk-Based Screening Level for Air, RBSLair (ug/m3) RBSL

THQ RfD BW ATdyr

ugmg

IR EF EDair

i n

air=

• • • • •

• •

365 103

Volatilization Factor - Subsurface Soil to Ambient Air, VFsamb

(mg/m3)/(mg/kgsoil)

( ) ( )[ ] ( )( )

VFH

cm kgm g

k HU L

D W

samb

s

ws s s asair air s

seff

=′• •

⋅⋅

+ • + ′• • +• •

•

⎡

⎣⎢

ρ

θ ρ θδ

10

1

33

3




Equations for the Soil Component of the Groundwater Ingestion Exposure Route

Remediation Objective (mg/kg) GW

LFsource

sw

NOTE: This equation can only be used to model contaminant migration not in the water bearin

Groundwater at the source, GWsource (mg/L) ( )

GWGW

CC

sourcecomp

x

source

=

Leaching Factor, LFsw (mg/Lwater)/(mg/kgsoil) ( ) ( )[ ] ( )

( )

LF

cm kgL g

k HU

I W

sw

s

ws s s asgw gw

=•

⋅⋅

+ • + ′ • • +•

•

⎡

⎣⎢⎢

⎤

⎦⎥⎥

ρ

θ ρ θδ

3

1

Steady-State Attenuation Along the Centerline of a Dissolved Plume, C(x)/Csource

( )CC

XU

erfS

Xerfx

source x

x w

y

=⎛⎝⎜

⎞⎠⎟ • − +

•⎛

⎝⎜

⎞

⎠⎟

⎡

⎣⎢⎢

⎤

⎦⎥⎥•

• •

⎡

⎣⎢⎢

⎤

⎦⎥⎥•

⎡

⎣⎢⎢

exp2

1 14

4αλ α

αNOTE: 1. This equation does not predict the contaminant flow within bedrock and may not accurate

downgradient concentrations in the presence of a confining layer. 2. If the value of the First Order Degradation Constant (λ) is not readily available, then set λ

Longitudinal Dispersivity, αx (cm)

α x X= •0 10.




Transverse Dispersivity, αy (cm) α

αy

x=3

Vertical Dispersivity, αz (cm) α

αz

x=20

Specific Discharge, U (cm/d) U

K i

T=

•θ

Soil-Water Sorption Coefficient, ks k K fs oc oc= •

Volumetric Air Content in Vadose Zone Soils, θas (cm3

air/cm3soil)

( )θ θ

ρρas T

s

w

w= −

•

Volumetric Water Content in Vadose Zone Soils, θws (cm3

water/cm3soil)

θρ

ρwss

w

w=

•

Total Soil Porosity, θT (cm3/cm3

soil) θ θ θT as ws= +




Groundwater Darcy Velocity, Ugw (cm/yr)

U K igw = •

Equations for the Groundwater Ingestion Exposure Route

Remediation Objective for Carcinogenic Contaminants (mg/L)

TR BW ATdyr

SF IR EF ED

c

o w

• • •

• • •

365

Dissolved Hydrocarbon Concentration along Centerline, C(x) (mg/L water)

C x

CsourceX

xx

Uerf

Swy X

erf

( )

exp

=

• • − +•

•• •

••

⎛

⎝⎜

⎞

⎠⎟

⎛

⎝⎜

⎞

⎠⎟

⎡

⎣⎢⎢

⎤

⎦⎥⎥

⎡

⎣⎢⎢

⎤

⎦⎥⎥

⎡

⎣⎢⎢2

1 14

4 2αλ α

α

NOTE:

1. This equation does not predict the contaminant flow within bedrock and may not accurately downgradient concentrations in the presence of a confining layer.

2. If the value of the First Order Degradation Constant (λ) is not readily available, then set λ =





Section 742.APPENDIX C Tier 2 Illustrations and Tables and Illustrations Section 742.TABLE D RBCA Parameters Symbol Parameter Units Source ParameterATc Averaging Time for

Carcinogens yr RBCA 70

ATn Averaging Time for Noncarcinogens

yr RBCA ResidentiaIndustrial/Construct

BW Adult Body Weight kg RBCA 70 Csource The greatest potential

concentration of the contaminant of concern in the groundwater at the source of the contamination, based on the concentrations of contaminants in groundwater due to the release and the projected concentration of the contaminant migrating from the soil to the groundwater.

mg/L Field Measurement Site-Speci

C(x) Concentration of Contaminant in Groundwater at Distance X form the source

mg/L Equation R26 in Appendix C, Table C

Calculated

C(x)/Csource Steady-State Attenuation Along the Centerline of a Dissolved Plume

unitless Equation R15 in Appendix C, Table C

Calculated




Symbol Parameter Units Source Parameter Vd Lower Depth of Surficial Soil

Zone cm Field Measurement 100 or Site-

100) Dair Diffusion Coefficient in Air cm2/s Appendix C, Table E Chemical-SDwater Diffusion Coefficient in Water cm2/s Appendix C, Table E Chemical-SDs

eff Effective Diffusion Coefficient in Soil Based on Vapor-Phase Concentration

cm2/s Equation R6 in Appendix C, Table C

Calculated V

ED Exposure Duration yr RBCA Residential Industrial/CConstructio

EF Exposure Frequency d/yr RBCA Residential Industrial/CConstructio

erf Error Function unitless Appendix C, Table G Mathematicfoc Organic Carbon Content of Soil g/g RBCA or Field Measurement

(See Appendix C, Table F) Surface SoiSubsurface Site-Specifi

GWcomp Groundwater Objective at the Compliance Point

mg/L Appendix B, Table E, 35 IAC 620.Subpart F, or Equation R25 in Appendix C, Table C

Site-Specifi

GWsource Groundwater Concentration at the Source

mg/L Equation R13 in Appendix C, Table C

Calculated V

H' Henry's Law Constant cm3water/cm3

air Appendix C, Table E Chemical-Si Hydraulic Gradient cm/cm (unitless) Field Measurement (See

Appendix C, Table F) Site-Specifi

I Infiltration Rate cm/yr RBCA 30 IRair Daily Outdoor Inhalation Rate m3/d RBCA 20




Symbol Parameter Units Source ParameterIRsoil Soil Ingestion Rate mg/d RBCA Residentia

Industrial/Construct

IRw Daily Water Ingestion Rate L/d RBCA ResidentiaIndustrial/

K Aquifer Hydraulic Conductivity

cm/d for Equations R15, R19 and R26 cm/yr for Equation R24

Field Measurement (See Appendix C, Table F)

Site-Speci

Koc Organic Carbon Partition Coefficient

cm3/g or L/kg Appendix C, Table E or Appendix C, Table I

Chemical-

ks (non-ionizing organics)

Soil Water Sorption Coefficient

cm3water/gsoil Equation R20 in Appendix C,

Table C Calculated

ks (ionizing organics)


cm3water/gsoil Equation R20 in Appendix C,

Table C Chemical Appendix

ks (inorganics)


cm3water/gsoil Appendix C, Table J Chemical

Ls Depth to Subsurface Soil Sources

cm RBCA 100

LFsw Leaching Factor (mg/Lwater)/ (mg/kgsoil)

Equation R14 in Appendix C, Table C

Calculated

M Soil to Skin Adherence Factor mg/cm2 RBCA 0.5 Pe Particulate Emission Rate g/cm2-s RBCA 6.9 • 10-14

RAFd Dermal Relative Absorption Factor

unitless RBCA 0.5




Symbol Parameter Units Source ParameterRAFd (PNAs)

Dermal Relative Absorption Factor

unitless RBCA 0.05

RAFd (inorganics)

Dermal Relative Absorption Factor

unitless RBCA 0

RAFo Oral Relative Absorption Factor

unitless RBCA 1.0

RBSLair Carcinogenic Risk-Based Screening Level for Air

ug/m3 Equation R9 in Appendix C, Table C

Chemical-Route-Spe

RBSLair Noncarcinogenic Risk-Based Screening Level for Air

ug/m3 Equations R10 in Appendix C, Table C

Chemical-Route-Spe

RfDi Inhalation Reference Dose mg/kg-d IEPA (IRIS/HEASTa) ToxicologRfDo Oral Reference Dose mg/(kg-d) IEPA (IRIS/HEASTa) Toxicolog

Constructreference

SA Skin Surface Area cm2/d RBCA 3,160 Sd Source Width Perpendicular

to Groundwater Flow Direction in Vertical Plane

cm Field Measurement For MigraUse 200 o For Grounobjective:

Sw Source Width Perpendicular to Groundwater Flow Direction in Horizontal Plane

cm Field Measurement Site-Speci

SFi Inhalation Cancer Slope Factor

(mg/kg-d)-1 IEPA (IRIS/HEASTa) Toxicolog

SFo Oral Slope Factor (mg/kg-d)-1 IEPA (IRIS/HEASTa) ToxicologTHQ Target Hazard Quotient unitless RBCA 1




Symbol Parameter Units Source ParameterTR Target Cancer Risk unitless RBCA Residentia

human exIndustrial/point of huConstructof human

U Specific Discharge cm/d Equation R19 in Appendix C, Table C

Calculated

Uair Average Wind Speed Above Ground Surface in Ambient Mixing zone

cm/s RBCA 225

Ugw Groundwater Darcy Velocity cm/yr Equation R24 in Appendix C, Table C

Calculated

VFp Volatilization Factor for Surficial Soils Regarding Particulates

kg/m3 Equation R5 in Appendix C, Table C

Calculated

VFsamb Volatilization Factor (Subsurface Soils to Ambient Air)

(mg/m3air)/(mg/

kgsoil) or kg/m3 Equation R11 in Appendix C, Table C

Calculated

VFss Volatilization Factor for Surficial Soils

kg/m3 Use Equations R3 and R4 in Appendix C, Table C

CalculatedR4 (which

W Width of Source Area Parallel to Direction to Wind or Groundwater Movement





Symbol Parameter Units Source Parameterw Average Soil Moisture

Content gwater/gsoil RBCA or Field Measurement

(See Appendix C, Table F) 0.1, or Surface SoSubsurfacor Site-Speci

X Distance along the Centerline of the Groundwater Plume Emanating from a Source. The x direction is the direction of groundwater flow


αx Longitudinal Dispersivity cm Equation R16 in Appendix C, Table C

Calculated

αy Transverse Dispersivity cm Equation R17 in Appendix C, Table C

Calculated

αz Vertical Dispersivity cm Equation R18 in Appendix C, Table C

Calculated

δair Ambient Air Mixing Zone Heights

cm RBCA 200

δgw Groundwater Mixing Zone Thickness

cm RBCA 200




Symbol Parameter Units Source Parameter Valueθas Volumetric Air Content in

Vadose Zone Soils cm3

air/cm3soil RBCA or Equation R21 in

Appendix C, Table C Surface Soil (topSubsurface Soil Gravel = 0.05 Sand = 0.14 Silt = 0.16 Clay = 0.17, or Calculate Value

θws Volumetric Water Content in Vadose Zone Soils

cm3water/cm3

soil RBCA or Equation R22 in Appendix C, Table C

Surface Soil (topSubsurface Soil Gravel = 0.20 Sand = 0.18 Silt = 0.16 Clay = 0.17, or Calculated Valu

θT Total Soil Porosity cm3/cm3soil RBCA or Equation R23 in Appendix C, Table C

0.43, or Gravel = 0.25 Sand = 0.32 Silt = 0.40 Clay = 0.36, or Calculated Valu




Symbol Parameter Units Source Parameter λ First Order Degradation

Constant d-1 Appendix C, Table E Chemical-

π pi 3.1416 ρs Soil Bulk Density g/cm3 RBCA or Field Measurement

(See Appendix C, Table F) 1.5, or Gravel = 2Sand = 1.8Silt = 1.6Clay = 1.7 Site-Speci

ρw Water Density g/cm3 RBCA 1 τ Averaging Time for Vapor

Flux s RBCA 9.46 • 108





Section 742.APPENDIX C Tier 2 Illustrations and Tables and Illustrations Section 742.TABLE E Default Physical and Chemical Parameters

CAS No.

Chemical

Solubility in Water (S) (mg/L)

Diffusivity in Air (Di) (cm2/s)

Diffusivity in Water (Dw) (cm2/s)

Dimensionless Henry's Law Constant (H') (25oC)

OrgCarParCo(Ko(L/

Neutral Organics

83-32-9 Acenaphthene 4.24 0.0421 7.69E-6 0.00636 7,0

67-64-1 Acetone 1,000,000 0.124 1.14E-5 0.00159 0.5

15972-60-8 Alachlor 242 0.0198 5.69E-6 0.00000132 394

116-06-3 Aldicarb 6,000 0.0305 7.19E-6 0.0000000574 12

309-00-2 Aldrin 0.18 0.0132 4.86E-6 0.00697 2,4

120-12-7 Anthracene 0.0434 0.0324 7.74E-6 0.00267 29,

1912-24-9 Atrazine 70 0.0258 6.69E-6 0.00000005 451

71-43-2 Benzene 1,750 0.088 9.80E-6 0.228 58.




CAS No.

Chemical





OrgCarParCo(Ko(L/

56-55-3 Benzo(a)anthracene 0.0094 0.0510 9.00E-6 0.000137 398

205-99-2 Benzo(b)fluoranthene 0.0015 0.0226 5.56E-6 0.00455 1,2

207-08-9 Benzo(k)fluoranthene 0.0008 0.0226 5.56E-6 0.000034 1,2

65-85-0 Benzoic Acid 3,500 0.0536 7.97E-6 0.0000631 0.6

50-32-8 Benzo(a)pyrene 0.00162 0.043 9.00E-6 0.0000463 1,0

111-44-4 Bis(2-chloroethyl)ether 17,200 0.0692 7.53E-6 0.000738 15.

117-81-7 Bis(2-ethylhexyl)phthalate 0.34 0.0351 3.66E-6 0.00000418 15,

75-27-4 Bromodichloromethane 6,740 0.0298 1.06E-5 0.0656 55.

75-25-2 Bromoform 3,100 0.0149 1.03E-5 0.0219 87.

71-36-3 Butanol 74,000 0.0800 9.30E-6 0.000361 6.9

85-68-7 Butyl Benzyl Phthalate 2.69 0.0174 4.83E-6 0.0000517 57,

86-74-8 Carbazole 7.48 0.0390 7.03E-6 0.000000626 3,3




CAS No.

Chemical





OrgCarParCo(Ko(L/

1563-66-2 Carbofuran 320 0.0249 6.63E-6 .00377 37

75-15-0 Carbon Disulfide 1,190 0.104 1.00E-5 1.24 45.

56-23-5 Carbon Tetrachloride 793 0.0780 8.80E-6 1.25 174

57-74-9 Chlordane 0.056 0.0118 4.37E-6 0.00199 120

106-47-8 p-Chloroaniline 5,300 0.0483 1.01E-5 0.0000136 66.

108-09-7 Chlorobenzene 472 0.0730 8.70E-6 0.152 219

124-48-1 Chlorodibromomethane 2,600 0.0196 1.05E-5 0.0321 63.

67-66-3 Chloroform 7,920 0.104 1.00E-5 0.15 39.

95-57-8 2-Chlorophenol 22,000 0.0501 9.46E-6 0.016 388

218-01-9 Chrysene 0.0016 0.0248 6.21E-6 0.00388 398

94-75-7 2,4-D 680 0.0231 7.31E-6 0.00000041 451

72-54-8 4,4'-DDD 0.09 0.0169 4.76E-6 0.000164 1,0




CAS No.

Chemical





OrgCarParCo(Ko(L/

72-55-9 4,4'-DDE 0.12 0.0144 5.87E-6 0.000861 4,4

50-29-3 4,4'-DDT 0.025 0.0137 4.95E-6 0.000332 2,6

75-99-0 Dalapon 900,000 0.0414 9.46E-6 0.00000264 5.8

53-70-3 Dibenzo(a,h)anthracene 0.00249 0.0202 5.18E-6 0.000000603 3,8

96-12-8 1,2-Dibromo-3-chloropropane 1,200 0.0212 7.02E-6 0.00615 182

106-93-4 1,2-Dibromoethane 4,200 0.0287 8.06E-6 0.0303 93

84-74-2 Di-n-butyl Phthalate 11.2 0.0438 7.86E-6 0.0000000385 33,

95-50-1 1,2-Dichlorobenzene 156 0.0690 7.90E-6 0.0779 617

106-46-7 1,4-Dichlorobenzene 73.8 0.0690 7.90E-6 0.0996 617

91-94-1 3,3-Dichlorobenzidine 3.11 0.0194 6.74E-6 0.000000164 724




CAS No.

Chemical





OrgCarParCoe(Ko(L/k

75-34-3 1,1-Dichloroethane 5,060 0.0742 1.05E-5 0.23 31.6

107-06-2 1,2-Dichloroethane 8,520 0.104 9.90E-6 0.0401 17.4

75-35-4 1,1-Dichloroethylene 2,250 0.0900 1.04E-5 1.07 58.9

156-59-2 cis-1,2-Dichloroethylene 3,500 0.0736 1.13E-5 0.167 35.5

156-60-5 trans-1,2-Dichloroethylene 6,300 0.0707 1.19E-5 0.385 52.5

120-83-2 2,4-Dichlorophenol 4,500 0.0346 8.77E-6 0.00013 147

78-87-5 1,2-Dichloropropane 2,800 0.0782 8.73E-6 0.115 43.7

542-75-6 1,3-Dichloropropylene (cis + trans)

2,800 0.0626 1.00E-5 0.726 45.7

60-57-1 Dieldrin 0.195 0.0125 4.74E-6 0.000619 21,4

84-66-2 Diethyl Phthalate 1,080 0.0256 6.35E-6 0.0000185 288

105-67-9 2,4-Dimethylphenol 7,870 0.0584 8.69E-6 0.000082 209

51-28-5 2,4-Dinitrophenol 2,790 0.0273 9.06E-6 0.0000182 0.0




CAS No.

Chemical





OrgCarParCo(Ko(L/

121-14-2 2,4-Dinitrotoluene 270 0.203 7.06E-6 0.0000038 95.

606-20-2 2,6-Dinitrotoluene 182 0.0327 7.26E-6 0.0000306 69.

88-85-7 Dinoseb 52 0.0215 6.62E-6 0.0000189 1,1

117-84-0 Di-n-octyl Phthalate 0.02 0.0151 3.58E-6 0.00274 83,

115-29-7 Endosulfan 0.51 0.0115 4.55E-6 0.000459 2,1

145-73-3 Endothall 21,000 0.0291 8.07E-6 0.0000000107 0.2

72-20-8 Endrin 0.25 0.0125 4.74E-6 0.000308 12,

100-41-4 Ethylbenzene 169 0.0750 7.80E-6 0.323 363

206-44-0 Fluoranthene 0.206 0.0302 6.35E-6 0.00066 107

86-73-7 Fluorene 1.98 0.0363 7.88E-6 0.00261 13,

76-44-8 Heptachlor 0.18 0.0112 5.69E-6 60.7 1,4

1024-57-3 Heptachlor epoxide 0.2 0.0132 4.23E-6 0.00039 83,




CAS No.

Chemical





OrgCarParCo(Ko(L/

118-74-1 Hexachlorobenzene 6.2 0.0542 5.91E-6 0.0541 55,

319-84-6 alpha-HCH (alpha-BHC) 2.0 0.0142 7.34E-6 0.000435 1,2

58-89-9 gamma-HCH (Lindane) 6.8 0.0142 7.34E-6 0.000574 1,0

77-47-4 Hexachlorocyclopentadiene

1.8 0.0161 7.21E-6 1.11 200

67-72-1 Hexachloroethane 50 0.0025 6.80E-6 0.159 1,7

193-39-5 Indeno(1,2,3-c,d)pyrene 0.000022 0.0190 5.66E-6 0.0000656 3,4

78-59-1 Isophorone 12,000 0.0623 6.76E-6 0.000272 46.

7439-97-6 Mercury --- 0.0307 6.30E-6 0.467 ---

72-43-5 Methoxychlor 0.045 0.0156 4.46E-6 0.000648 97,

74-83-9 Methyl Bromide 15,200 0.0728 1.21E-5 0.256 10.

1634-04-4 Methyl tertiary-butyl ether 51,000 0.102 1.10E-5 0.0241 11.

75-09-2 Methylene Chloride 13,000 0.101 1.17E-5 0.0898 11.

95-48-7 2-Methylphenol 26,000 0.0740 8.30E-6 0.0000492 91.




CAS No.

Chemical





OrgCarParCo(Ko(L/

91-20-3 Naphthalene 31.0 0.0590 7.50E-6 0.0198 2,0

98-95-3 Nitrobenzene 2,090 0.0760 8.60E-6 0.000984 64.

86-30-6 N-Nitrosodiphenylamine 35.1 0.0312 6.35E-6 0.000205 1,2

621-64-7 N-Nitrosodi-n-propylamine 9,890 0.0545 8.17E-6 0.0000923 24.

87-86-5 Pentachlorophenol 1,950 0.0560 6.10E-6 0.000001 592

108-95-2 Phenol 82,800 0.0820 9.10E-6 0.0000163 28.

1918-02-1 Picloram 430 0.0255 5.28E-6 0.00000000166 1.9

1336-36-3 Polychlorinated biphenyls (PCBs) 0.7 -------a -------a -------a 309

129-00-0 Pyrene 0.135 0.0272 7.24E-6 0.000451 105

122-34-9 Simazine 5 0.027 7.36E-6 0.0000000133 133

100-42-5 Styrene 310 0.0710 8.00E-6 0.113 776

93-72-1 2,4,5-TP (Silvex) 31 0.0194 5.83E-6 0.0000000032 5,4




CAS No.

Chemical





OrgCarParCo(Ko(L/

127-18-4 Tetrachloroethylene 200 0.0720 8.20E-6 0.754 155

108-88-3 Toluene 526 0.0870 8.60E-6 0.272 182

8001-35-2 Toxaphene 0.74 0.0116 4.34E-6 0.000246 257

120-82-1 1,2,4-Trichlorobenzene 300 0.0300 8.23E-6 0.0582 1,7

71-55-6 1,1,1-Trichloroethane 1,330 0.0780 8.80E-6 0.705 110

79-00-5 1,1,2-Trichloroethane 4,420 0.0780 8.80E-6 0.0374 50.

79-01-6 Trichloroethylene 1,100 0.0790 9.10E-6 0.422 166

95-95-4 2,4,5-Trichlorophenol 1,200 0.0291 7.03E-6 0.000178 1,6

88-06-2 2,4,6-Trichlorophenol 800 0.0318 6.25E-6 0.000319 381

108-05-4 Vinyl Acetate 20,000 0.0850 9.20E-6 0.021 5.2

57-01-4 Vinyl Chloride 2,760 0.106 1.23E-6 1.11 18.

108-38-3 m-Xylene 161 0.070 7.80E-6 0.301 407




CAS No.

Chemical





OrgCarParCo(Ko(L/

95-47-6 o-Xylene 178 0.087 1.00E-5 0.213 363

106-42-3 p-Xylene 185 0.0769 8.44E-6 0.314 389

1330-20-7 Xylenes (total) 186 0.0720 9.34E-6 0.25 260

Chemical Abstracts Service (CAS) registry number. This number in the format xxx-xx-x, is unique for each chemical and allows efficient searching on computerized data bases. a Soil Remediation objectives are determined pursuant to 40 CFR 761, as incorporated by

reference at Section 732.104 (the USEPA "PCB Spill Cleanup Policy"), for most sites; persons remediating sites should consult with BOL if calculation of Tier 2 soil remediation objectives is desired.





Section 742.APPENDIX C Tier 2 Illustrations and Tables and Illustrations Section 742.TABLE F Methods for Determining Physical Soil Parameters

Methods for Determining Physical Soil Parameters

Parameter Sampling Locationa Method

ρb (soil bulk density) Surface ASTM-D 1556-90 Sand Cone Methodb

ASTM-D 2167-94 Rubber Balloon Methodb

ASTM-D 2922-91 Nuclear Methodb

Subsurface ASTM-D 2937-94 Drive Cylinder Methodb

ρs (soil particle density) Surface or Subsurface ASTM-D 854-92 Specific Gravity of Soilb

w (moisture content) Surface or Subsurface ASTM-D 4959-89 (Reapproved 1994) Standardb

ASTM-D D 4643-93 Microwave Ovenb

ASTM-D D2216-92 Laboratory Determinationb

ASTM-D D3017-88 (Reapproved 1993) Nuclear Methodb

Equivalent USEPA Method (e.g., sample preparation procedures described in methods 3541 or 3550)




Methods for Determining Physical Soil Parameters

Parameter Sampling Locationa Method

foc (fraction organic carbon content) Surface or Subsurface

Nelson and Sommers (1982) ASTM-D 2974-0087 (Reapproved 1995) Moisture, Ash, and Organic Matterb

appropriately adjusted to estimate the fraction of organic carbon as stated in Nelson and Sommers (1982) USEPA Method 9060A Total Organic Content

η or θT (total soil porosity) Surface or Subsurface (calculated)

Equation S24 in Appendix C, Table A for SSL Model, or Equation R23 in Appendix C, Table C for RBCA Model

θa or θas (air-filled soil porosity)

Surface or Subsurface (calculated)


θw or θws (water-filled soil porosity)

Surface or Subsurface (calculated)


ASTM-D 5084-90 Flexible Wall Permeameter

K (hydraulic conductivity) Surface or Subsurface Pump Test Slug Test

i (hydraulic gradient) Surface or Subsurface Field Measurement

a This is the location where the sample is collected b As incorporated by reference in Section 742.120.





Section 742.APPENDIX C Tier 2 Illustrations and Tables and Illustrations Section 742.TABLE G Error Function (erf)

2 erf(β) =

√ π

β -ε2

∫ e

dε0

β erf (β) β erf (β)

0 0 1.1 0.880205 0.05 0.056372 1.2 0.910314 0.1 0.112463 1.3 0.934008 0.15 0.167996 1.4 0.952285 0.2 0.222703 1.5 0.966105 0.25 0.276326 1.6 0.976348 0.3 0.328627 1.7 0.983790 0.35 0.379382 1.8 0.989091 0.4 0.428392 1.9 0.992790 0.45 0.475482 2.0 0.995322 0.5 0.520500 2.1 0.997021 0.55 0.563323 2.2 0.998137 0.6 0.603856 2.3 0.998857 0.65 0.642029 2.4 0.999311 0.7 0.677801 2.5 0.999593 0.75 0.711156 2.6 0.999764 0.8 0.742101 2.7 0.999866 0.85 0.770668 2.8 0.999925 0.9 0.796908 2.9 0.999959 0.95 0.820891 3.0 0.999978 1.0 0.842701




Section 742.APPENDIX C Tier 2 Illustrations and Tables and Illustrations Section 742.TABLE H Q/C Values by Source Area

Source (Acres)

Area Q/C Value (g/m2-s per kg/m3)

0.5 97.78

1 85.81

2 76.08

5 65.75

10 59.16

30 50.60





Section 742.APPENDIX C Tier 2 Illustrations and Tables and Illustrations Section 742.TABLE I Koc Values for Ionizing Organics as a Function of pH (cm3/g or L/kg or cm3

water/gsoil)

pH Benzoic

Acid 2-Chloro-

phenol

2,4-Dichloro-

phenol Pentachloro-

phenol

2,4,5-Trichloro-phenol

2,4,6-Trichloro-

phenol Dinoseb

2,4,5-TP 2,3,5-TP (Silvex)

4.5 1.07E+01 3.98E+02 1.59E+02 1.34E+04 2.37E+03 1.06E+03 3.00E+04 1.28E+04

4.6 9.16E+00 3.98E+02 1.59E+02 1.24E+04 2.37E+03 1.05E+03 2.71E+04 1.13E+04

4.7 7.79E+00 3.98E+02 1.59E+02 1.13E+04 2.37E+03 1.05E+03 2.41E+04 1.01E+04

4.8 6.58E+00 3.98E+02 1.59E+02 1.02E+04 2.37E+03 1.05E+03 2.12E+04 9.16E+03

4.9 5.54E+00 3.98E+02 1.59E+02 9.05E+03 2.37E+03 1.04E+03 1.85E+04 8.40E+03

5.0 4.62E+00 4.64E+00 3.98E+02 1.59E+02 7.96E+03 2.36E+03 1.03E+03 1.59E+04 7.76E+03

5.1 3.86E+00 3.88E+00 3.98E+02 1.59E+02 6.93E+03 2.36E+03 1.02E+03 1.36E+04 7.30E+03

5.2 3.23E+00 3.25E+00 3.98E+02 1.59E+02 5.97E+03 2.35E+03 1.01E+03 1.15E+04 6.91E+03

5.3 2.70E+00 2.72E+00 3.98E+02 1.59E+02 5.10E+03 2.34E+03 9.99E+02 9.66E+03 6.60E+03

5.4 2.27E+00 2.29E+00 3.98E+02 1.58E+02 4.32E+03 2.33E+03 9.82E+02 8.10E+03 6.36E+03

5.5 1.92E+00 1.94E+00 3.97E+02 1.58E+02 3.65E+03 2.32E+03 9.62E+02 6.77E+03 6.16E+03

5.6 1.63E+00 1.65E+00 3.97E+02 1.58E+02 3.07E+03 2.31E+03 9.38E+02 5.65E+03 6.00E+03

5.7 1.40E+00 1.42E+00 3.97E+02 1.58E+02 2.58E+03 2.29E+03 9.10E+02 4.73E+03 5.88E+03

5.8 1.22E+00 1.24E+00 3.97E+02 1.58E+02 2.18E+03 2.27E+03 8.77E+02 3.97E+03 5.78E+03

5.9 1.07E+00 1.09E+00 3.97E+02 1.57E+02 1.84E+03 2.24E+03 8.39E+02 3.35E+03 5.70E+03




pH Benzoic

Acid 2-Chloro-

phenol

2,4-Dichloro-

phenol Pentachloro

-phenol


2,4,6-Trichloro-phenol Dinoseb

2,4,5-TP 2,3,5-TP (Silvex)

6.0 9.50E-01 9.69E-01 3.96E+02 1.57E+02 1.56E+03 2.21E+03 7.96E+02 2.84E+03 5.64E+03

6.1 8.54E-01 8.75E-01 3.96E+02 1.57E+02 1.33E+03 2.17E+03 7.48E+02 2.43E+03 5.59E+03

6.2 7.78E-01 7.99E-01 3.96E+02 1.56E+02 1.15E+03 2.12E+03 6.97E+02 2.10E+03 5.55E+03

6.3 7.19E-01 7.36E-01 3.95E+02 1.55E+02 9.98E+02 2.06E+03 6.44E+02 1.83E+03 5.52E+03

6.4 6.69E-01 6.89E-01 3.94E+02 1.54E+02 8.77E+02 1.99E+03 5.89E+02 1.62E+03 5.50E+03

6.5 6.31E-01 6.51E-01 3.93E+02 1.53E+02 7.81E+02 1.91E+03 5.33E+02 1.45E+03 5.48E+03

6.6 6.00E-01 6.20E-01 3.92E+02 1.52E+02 7.03E+02 1.82E+03 4.80E+02 1.32E+03 5.46E+03

6.7 5.74E-01 5.95E-01 3.90E+02 1.50E+02 6.40E+02 1.71E+03 4.29E+02 1.21E+03 5.45E+03

6.8 5.55E-01 5.76E-01 3.88E+02 1.47E+02 5.92E+02 1.60E+03 3.81E+02 1.12E+03 5.44E+03

6.9 5.39E-01 5.60E-01 3.86E+02 1.45E+02 5.52E+02 1.47E+03 3.38E+02 1.05E+03 5.43E+03

7.0 5.28E-01 5.47E-01 3.83E+02 1.41E+02 5.21E+02 1.34E+03 3.00E+02 9.96E+02 5.43E+03

7.1 5.18E-01 5.38E-01 3.79E+02 1.38E+02 4.96E+02 1.21E+03 2.67E+02 9.52E+02 5.42E+03

7.2 5.10E-01 5.32E-01 3.75E+02 1.33E+02 4.76E+02 1.07E+03 2.39E+02 9.18E+02 5.42E+03

7.3 5.04E-01 5.25E-01 3.69E+02 1.28E+02 4.61E+02 9.43E+02 2.15E+02 8.90E+02 5.42E+03

7.4 4.99E-01 5.19E-01 3.62E+02 1.21E+02 4.47E+02 8.19E+02 1.95E+02 8.68E+02 5.41E+03

7.5 4.95E-01 5.16E-01 3.54E+02 1.14E+02 4.37E+02 7.03E+02 1.78E+02 8.50E+02 5.41E+03

7.6 4.92E-01 5.13E-01 3.44E+02 1.07E+02 4.29E+02 5.99E+02 1.64E+02 8.36E+02 5.41E+03




pH Benzoic

Acid 2-Chloro-

phenol

2,4-Dichloro-

phenol Pentachloro-

phenol


2,4,6-Trichloro-phenol Dinoseb

2,4,5-TP 2,3,5-TP (Silvex)

7.7 4.86E-01 5.09E-01 3.33E+02 9.84E+01 4.23E+02 5.07E+02 1.53E+02 8.25E+02 5.41E+03

7.8 4.86E-01 5.06E-01 3.19E+02 8.97E+01 4.18E+02 4.26E+02 1.44E+02 8.17E+02 5.41E+03

7.9 4.85-01 5.06E-01 3.04E+02 8.07E+01 4.14E+02 3.57E+02 1.37E+02 8.10E+02 5.41E+03

8.0 4.85E-01 5.06E-01 2.86E+02 7.17E+01 4.10E+02 2.98E+02 1.31E+02 8.04E+02 5.41E+03

8.1 4.84E-01 2.67E+02 6.30E+01 4.09E+02 2.49E+02 1.26E+02 8.00E+02 5.40E+03

8.2 4.84E-01 2.46E+02 5.47E+01 4.07E+02 2.08E+02 1.22E+02 7.97E+02 5.40E+03

8.3 4.83E-01 2.24E+02 4.40E+01 4.05E+02 1.75E+02 1.19E+02 7.93E+02 5.40E+03

8.4 4.83E-01 2.02E+02 4.00E+01 4.04E+02 1.48E+02 1.17E+02 7.91E+02 5.40E+03

8.5 4.82E-01 1.80E+02 3.38E+01 4.03E+02 1.25E+02 1.15E+02 7.89E+02 5.40E+03

8.6 4.82E-01 1.58E+02 2.84E+01 4.02E+02 1.08E+02 1.13E+02 7.88E+02 5.40E+03

8.7 4.82E-01 1.37E+02 2.38E+01 4.02E+02 9.31E+02 1.12E+02 7.87E+02 5.40E+03

8.8 4.81E-01 1.18E+02 1.99E+01 4.01E+02 8.16E+02 1.11E+02 7.86E+02 5.40E+03

8.9 4.81E-01 1.00E+02 1.66E+01 4.01E+02 7.23E+01 1.10E+02 7.85E+02 5.40E+03

9.0 4.80E-01 8.47E+01 1.39E+01 4.00E+02 6.48E+01 1.09E+02 7.85E+02 5.40E+03





Section 742.APPENDIX C Tier 2 Illustrations and Tables and Illustrations Section 742.TABLE J Values to be Substituted for kd or ks when Evaluating Inorganics as a Function of pH (cm3/g or L/kg or cm3

water/gsoil)

pH As Ba Be Cd Cr (+3) Cr (+6) Hg Ni Ag Se Tl Zi Pb

4.9 2.5E+01 1.1E+01 2.3E+01 1.5E+01 1.2E+03 3.1E+01 4.0E-02 1.6E+01 1.0E-01 1.8E+01 4.4E+01 1.6E+01 1.5E+01

5.0 2.5E+01 1.2E+01 2.6E+01 1.7E+01 1.9E+03 3.1E+01 6.0E-02 1.8E+01 1.3E-01 1.7E+01 4.5E+01 1.8E+01 1.5E+01

5.1 2.5E+01 1.4E+01 2.8E+01 1.9E+01 3.0E+03 3.0E+01 9.0E-02 2.0E+01 1.6E-01 1.6E+01 4.6E+01 1.9E+01 1.5E+01

5.2 2.6E+01 1.5E+01 3.1E+01 2.1E+01 4.9E+03 2.9E+01 1.4E-01 2.2E+01 2.1E-01 1.5E+01 4.7E+01 2.1E+01 1.5E+01

5.3 2.6E+01 1.7E+01 3.5E+01 2.3E+01 8.1E+03 2.8E+01 2.0E-01 2.4E+01 2.6E-01 1.4E+01 4.8E+01 2.3E+01 1.5E+01

5.4 2.6E+01 1.9E+01 3.8E+01 2.5E+01 1.3E+04 2.7E+01 3.0E-01 2.6E+01 3.3E-01 1.3E+01 5.0E+01 2.5E+01 1.5E+01

5.5 2.6E+01 2.1E+01 4.2E+01 2.7E+01 2.1E+04 2.7E+01 4.6E-01 2.8E+01 4.2E-01 1.2E+01 5.1E+01 2.6E+01 1.5E+01

5.6 2.6E+01 2.2E+01 4.7E+01 2.9E+01 3.5E+04 2.6E+01 6.9E-01 3.0E+01 5.3E-01 1.1E+01 5.2E+01 2.8E+01 1.5E+01

5.7 2.7E+01 2.4E+01 5.3E+01 3.1E+01 5.5E+04 2.5E+01 1.0E-00 3.2E+01 6.7E-01 1.1E+01 5.4E+01 3.0E+01 1.5E+01

5.8 2.7E+01 2.6E+01 6.0E+01 3.3E+01 8.7E+04 2.5E+01 1.6E-00 3.4E+01 8.4E-01 9.8E+00 5.5E+01 3.2E+01 1.5E+01

5.9 2.7E+01 2.8E+01 6.9E+01 3.5E+01 1.3E+05 2.4E+01 2.3E-00 3.6E+01 1.1E+00 9.2E+00 5.6E+01 3.4E+01 1.5E+01

6.0 2.7E+01 3.0E+01 8.2E+01 3.7E+01 2.0E+05 2.3E+01 3.5E-00 3.8E+01 1.3E+00 8.6E+00 5.8E+01 3.6E+01 1.5E+01

6.1 2.7E+01 3.1E+01 9.9E+01 4.0E+01 3.0E+05 2.3E+01 5.1E-00 4.0E+01 1.7E+00 8.0E+00 5.9E+01 3.9E+01 1.5E+01

6.2 2.8E+01 3.3E+01 1.2E+02 4.2E+01 4.2E+05 2.2E+01 7.5E-00 4.2E+01 2.1E+00 7.5E+00 6.1E+01 4.2E+01 1.5E+01

6.3 2.8E+01 3.5E+01 1.6E+02 4.4E+01 5.8E+05 2.2E+01 1.1E+01 4.5E+01 2.7E+00 7.0E+00 6.2E+01 4.4E+01 1.5E+01

6.4 2.8E+01 3.6E+01 2.1E+02 4.8E+01 7.7E+05 2.1E+01 1.6E+01 4.7E+01 3.4E+00 6.5E+00 6.4E+01 4.7E+01 7.1E+02

6.5 2.8E+01 3.7E+01 2.8E+02 5.2E+01 9.9E+05 2.0E+01 2.2E+01 5.0E+01 4.2E+00 6.1E+00 6.6E+01 5.1E+01 7.1E+02

6.6 2.8E+01 3.9E+01 3.9E+02 5.7E+01 1.2E+06 2.0E+01 3.0E+01 5.4E+01 5.3E+00 5.7E+00 6.7E+01 5.4E+01 7.1E+02




pH As Ba Be Cd Cr (+3) Cr (+6) Hg Ni Ag Se Tl Zi Pb

6.7 2.9E+01 4.0E+01 5.5E+02 6.4E+01 1.5E+06 1.9E+01 4.0E+01 5.8E+01 6.6E+00 5.3E+00 6.9E+01 5.8E+01 7.1E+02

6.8 2.9E+01 4.1E+01 7.9E+02 7.5E+01 1.8E+06 1.9E+01 5.2E+01 6.5E+01 8.3E+00 5.0E+00 7.1E+01 6.2E+01 7.1E+02

6.9 2.9E+01 4.2E+01 1.1E+03 9.1E+01 2.1E+06 1.8E+01 6.6E+01 7.4E+01 1.0E+01 4.7E+00 7.3E+01 6.8E+01 7.1E+02

7.0 2.9E+01 4.2E+01 1.7E+03 1.1E+02 2.5E+06 1.8E+01 8.2E+01 8.8E+01 1.3E+01 4.3E+00 7.4E+01 7.5E+01 7.1E+02

7.1 2.9E+01 4.3E+01 2.5E+03 1.5E+02 2.8E+06 1.7E+01 9.9E+01 1.1E+02 1.6E+01 4.1E+00 7.6E+01 8.3E+01 7.1E+02

7.2 3.0E+01 4.4E+01 3.8E+03 2.0E+02 3.1E+06 1.7E+01 1.2E+02 1.4E+02 2.0E+01 3.8E+00 7.8E+01 9.5E+01 7.1E+02

7.3 3.0E+01 4.4E+01 5.7E+03 2.8E+02 3.4E+06 1.6E+01 1.3E+02 1.8E+02 2.5E+01 3.5E+00 8.0E+01 1.1E+02 7.1E+02

7.4 3.0E+01 4.5E+01 8.6E+03 4.0E+02 3.7E+06 1.6E+01 1.5E+02 2.5E+02 3.1E+01 3.3E+00 8.2E+01 1.3E+02 7.1E+02

7.5 3.0E+01 4.6E+01 1.3E+04 5.9E+02 3.9E+06 1.6E+01 1.6E+02 3.5E+02 3.9E+01 3.1E+00 8.5E+01 1.6E+02 7.1E+02

7.6 3.1E+01 4.6E+01 2.0E+04 8.7E+02 4.1E+06 1.5E+01 1.7E+02 4.9E+02 4.8E+01 2.9E+00 8.7E+01 1.9E+02 7.1E+02

7.7 3.1E+01 4.7E+01 3.0E+04 1.3E+03 4.2E+06 1.5E+01 1.8E+02 7.0E+02 5.9E+01 2.7E+00 8.9E+01 2.4E+02 7.1E+02

7.8 3.1E+01 4.9E+01 4.6E+04 1.9E+03 4.3E+06 1.4E+01 1.9E+02 9.9E+02 7.3E+01 2.5E+00 9.1E+01 3.1E+02 7.1E+02

7.9 3.1E+01 5.0E+01 6.9E+04 2.9E+03 4.3E+06 1.4E+01 1.9E+02 1.4E+03 8.9E+01 2.4E+00 9.4E+01 4.0E+02 7.1E+02

8.0 3.1E+01 5.2E+01 1.0E+05 4.3E+03 4.3E+06 1.4E+01 2.0E+02 1.9E+03 1.1E+02 2.2E+00 9.6E+01 5.3E+02 7.1E+02

8.1 3.2E+01 ---a ---a ---a ---a 1.3E+01 ---a ---a ---a 2.1E+00 1.0E+02 ---a 7.1E+02

8.2 3.2E+01 ---a ---a ---a ---a 1.3E+01 ---a ---a ---a 1.9E+00 1.0E+02 ---a 7.1E+02

8.3 3.2E+01 ---a ---a ---a ---a 1.3E+01 ---a ---a ---a 1.8E+00 1.0E+02 ---a 7.1E+02

8.4 3.2E+01 ---a ---a ---a ---a 1.2E+01 ---a ---a ---a 1.7E+00 1.1E+02 ---a 7.1E+02

8.5 3.2E+01 ---a ---a ---a ---a 1.2E+01 ---a ---a ---a 1.6E+00 1.1E+02 ---a 7.1E+02

8.6 3.3E+01 ---a ---a ---a ---a 1.2E+01 ---a ---a ---a 1.5E+00 1.1E+02 ---a 7.1E+02

8.7 3.3E+01 ---a ---a ---a ---a 1.2E+01 ---a ---a ---a 1.4E+00 1.2E+02 ---a 7.1E+02

8.8 3.3E+01 ---a ---a ---a ---a 1.1E+01 ---a ---a ---a 1.3E+00 1.2E+02 ---a 1.9E+03

8.9 3.3E+01 ---a ---a ---a ---a 1.1E+01 ---a ---a ---a 1.2E+00 1.2E+02 ---a 1.9E+03

9.0 3.3E+01 ---a ---a ---a ---a 1.0E+01 ---a ---a ---a 1.1E+00 1.2E+02 ---a 1.9E+03 a No data available for this pH.





Section 742.APPENDIX C Tier 2 Illustrations and Tables and Illustrations Section 742.TABLE K Parameter Estimates for Calculating Water-Filled Soil Porosity (0w)

Soil Texturea Saturated Hydraulic Conductivity, Ks (m/yr) 1/(2b+3)b

Sand 1,830 0.090

Loamy Sand 540 0.085

Sandy Loam 230 0.080

Silt Loam 120 0.074

Loam 60 0.073

Sandy Clay Loam 40 0.058

Silt Clay Loam 13 0.054

Clay Loam 20 0.050

Sandy Clay 10 0.042

Silt Clay 8 0.042

Clay 5 0.039 a The appropriate texture classification is determined by a particle size analysis by ASTM

D2488-93 as incorporated by reference in Section 742.210 and the U.S. Department of Agriculture Soil Textural Triangle shown in Appendix C, Illustration C.

b Where b is the soil-specific exponential parameter (unitless)





Section 742.APPENDIX D Highway Authority Agreement

HIGHWAY AUTHORITY AGREEMENT

This Agreement is entered into this day of , 200 pursuant to 35 Ill. Adm. Code 742.1020 by and between the (1) ("Property Owner") [or, in the case of a petroleum leaking underground storage tank, the owner/operator of the tank ("Owner/Operator")] and (2) Name of Entity in Control of the Right-of-Way ("Highway Authority"), collectively known as the "Parties."

[Use this paragraph for sites with petroleum leaking underground storage tank(s)] WHEREAS, is the owner or operator of one or more leaking underground storage tanks presently or formerly located at common address or

description of Site location ("the Site");

[Use this paragraph for sites that do not have petroleum leaking underground storage tanks] WHEREAS, is the owner of the property located at common address or description of Site location ("the Site");

WHEREAS, as a result of one or more releases of contaminants [insert either "from the above referenced underground storage tanks" or "at the above referenced Site"] ("the Release(s)"), soil and/or groundwater contamination at the Site exceeds the Tier 1 residential remediation objectives of 35 Ill. Adm. Code 742;

WHEREAS, the soil and/or groundwater contamination exceeding Tier 1 residential remediation objectives extends or may extend into the Highway Authority's right-of-way;

WHEREAS, the Owner/Operator or Property Owner is conducting corrective action in response to the Release(s);

WHEREAS, the Parties desire to prevent groundwater beneath the Highway Authority's right-of-way that exceeds Tier 1 remediation objectives from use as a supply of potable or domestic water and to limit access to soil within the right-of-way that exceeds Tier 1 residential remediation objectives so that human health and the environment are protected during and after any access;

NOW, THEREFORE, the Parties agree as follows:

1. The recitals set forth above are incorporated by reference as if fully set forth

herein.




2. [Use this paragraph if IEMA has issued an incident number] The Illinois Emergency Management Agency has assigned incident number(s) to the Release(s). 3. Attached as Exhibit A is a scaled map(s) prepared by [the Owner/Operator or Property Owner] that shows the Site and surrounding area and delineates the current and estimated future extent of soil and groundwater

contamination above the applicable Tier 1 residential remediation objectives as a result of the Release(s). [Use the following sentence if either soil or groundwater is not contaminated above applicable Tier 1 residential remediation objectives: [Soil] [Groundwater] is not contaminated above the applicable Tier 1 residential remediation objectives.]

4. Attached as Exhibit B is a table(s) prepared by [the Owner/Operator or Property Owner] that lists each contaminant of concern that exceeds its Tier 1 residential remediation objective, its Tier 1 residential

remediation objective and its concentrations within the zone where Tier 1 residential remediation objectives are exceeded. The locations of the concentrations listed in Exhibit B are identified on the map(s) in Exhibit A.

5. Attached as Exhibit C is a scaled map prepared by [the Owner/Operator or Property Owner] showing the area of the Highway Authority's right-of-way that is governed by this agreement ("Right-of-Way"). Because

Exhibit C is not a surveyed plat, the Right-of-Way boundary may be an approximation of the actual Right-of-Way lines.

6. [Use this paragraph if samples have not been collected within the Right-of-Way,

sampling within the Right-of-Way is not practical, and contamination does not extend beyond the Right-of-Way.] Because the collection of samples within the Right-of-Way is not practical, the Parties stipulate that, based on modeling, soil and groundwater contamination exceeding Tier 1 residential remediation objectives does not and will not extend beyond the boundaries of the Right-of-Way.

7. The Highway Authority stipulates it has jurisdiction over the Right-of-Way that

gives it sole control over the use of the groundwater and access to the soil located within or beneath the Right-of-Way.




8. The Highway Authority agrees to prohibit within the Right-of-Way all potable and domestic uses of groundwater exceeding Tier 1 residential remediation objectives.

9. The Highway Authority further agrees to limit access by itself and others to soil

within the Right-of-Way exceeding Tier 1 residential remediation objectives. Access shall be allowed only if human health (including worker safety) and the environment are protected during and after any access. The Highway Authority may construct, reconstruct, improve, repair, maintain and operate a highway upon the Right-of-Way, or allow others to do the same by permit. In addition, the Highway Authority and others using or working in the Right-of-Way under permit have the right to remove soil or groundwater from the Right-of-Way and dispose of the same in accordance with applicable environmental laws and regulations. The Highway Authority agrees to issue all permits for work in the Right-of-Way, and make all existing permits for work in the Right-of-Way, subject to the following or a substantially similar condition:

As a condition of this permit, the permittee shall request the office issuing this permit

to identify sites in the Right-of-Way where a Highway Authority Agreement governs access to soil that exceeds the Tier 1 residential remediation objectives of 35 Ill. Adm. Code 742. The permittee shall take all measures necessary to protect human health (including worker safety) and the environment during and after any access to such soil.

10. This agreement shall be referenced in the Agency's no further remediation

determination issued for the Release(s).

11. The Agency shall be notified of any transfer of jurisdiction over the Right-of-Way at least 30 days prior to the date the transfer takes effect. This agreement shall be null and void upon the transfer unless the transferee agrees to be bound by this agreement as if the transferee were an original party to this agreement. The transferee's agreement to be bound by the terms of this agreement shall be memorialized at the time of transfer in a writing ("Rider") that references this Highway Authority Agreement and is signed by the Highway Authority, or subsequent transferor, and the transferee.

12. This agreement shall become effective on the date the Agency issues a no further

remediation determination for the Release(s). It shall remain effective until the Right-of-Way is demonstrated to be suitable for unrestricted use and the Agency




issues a new no further remediation determination to reflect there is no longer a need for this agreement, or until the agreement is otherwise terminated or voided.

13. In addition to any other remedies that may be available, the Agency may bring

suit to enforce the terms of this agreement or may, in its sole discretion, declare this agreement null and void if any of the Parties or any transferee violates any term of this agreement. The Parties or transferee shall be notified in writing of any such declaration.

14. This agreement shall be null and void if a court of competent jurisdiction strikes

down any part or provision of the agreement. 15. This agreement supersedes any prior written or oral agreements or understandings

between the Parties on the subject matter addressed herein. It may be altered, modified or amended only upon the written consent and agreement of the Parties.

16. Any notices or other correspondence regarding this agreement shall be sent to the

Parties at following addresses:

Manager, Division of Remediation Management Property Owner or Owner/Operator Bureau of Land [Address] Illinois Environmental Protection Agency P.O. Box 19276 Springfield, IL 62974-9276

[Contact at Highway Authority]

[Address]

IN WITNESS WHEREOF, the Parties have caused this agreement to be signed by their duly authorized representatives.

[NAME OF LOCAL GOVERNMENT]

Date: By:




Its:

Property Owner or Owner/Operator

Date: By:

Title





Section 742.APPENDIX E Highway Authority Agreement Memorandum of Agreement

HIGHWAY AUTHORITY AGREEMENT MEMORANDUM OF AGREEMENT

This Memorandum of Agreement is entered by and between the Illinois Environmental Protection Agency ("Agency") and Name of Local Government ("Highway Authority"), collectively known as the "Parties."

[Use this paragraph for sites with petroleum leaking underground storage tank(s)]

WHEREAS, the Highway Authority is the owner or operator of one or more leaking underground storage tanks presently or formerly located at common address or

description of Site location ("the Site");

[Use this paragraph for sites where the highway authority is also the property owner)] WHEREAS, the Highway Authority is the owner of the property located at common

address or description of Site location ("the Site");

WHEREAS, as a result of one or more releases of contaminants [insert either "from the above referenced underground storage tanks" or "at the above referenced Site"] ("the Release(s)"), soil and/or groundwater contamination at the Site exceeds the Tier 1 residential remediation objectives of 35 Ill. Adm. Code 742;

WHEREAS, the soil and/or groundwater contamination exceeding Tier 1 residential remediation objectives extends or may extend into the Highway Authority's right-of-way adjacent to the Site;

WHEREAS, the Highway Authority is conducting corrective action in response to the Release(s);

WHEREAS, the Parties desire to prevent groundwater beneath the Highway Authority's right-of-way that exceeds Tier 1 residential remediation objectives from use as a supply of potable or domestic water and to limit access to soil within the right-of-way that exceeds Tier 1 residential remediation objectives so that human health and the environment are protected during and after any access;

NOW, THEREFORE, the Parties agree as follows:

1. The recitals set forth above are incorporated by reference as if fully set forth herein.




2. [Use this paragraph if IEMA has issued an incident number] The Illinois Emergency Management Agency has assigned incident number(s) to the Release(s).

3. Attached as Exhibit A is a scaled map(s) prepared by the Highway Authority that

shows the Site and surrounding area and delineates the current and estimated future extent of soil and groundwater contamination above the applicable Tier 1 residential remediation objectives as a result of the Release(s). [Use the following sentence if either soil or groundwater is not contaminated above applicable Tier 1 residential remediation objectives: [Soil] [Groundwater] is not contaminated above the applicable Tier 1 residential remediation objectives.]

4. Attached as Exhibit B is a table(s) prepared by the Highway Authority that lists

each contaminant of concern that exceeds its Tier 1 residential remediation objective, its Tier 1 residential remediation objective and its concentrations within the zone where Tier 1 residential remediation objectives are exceeded. The locations of the concentrations listed in Exhibit B are identified on the map(s) in Exhibit A.

5. Attached as Exhibit C is a scaled map prepared by the Highway Authority

showing the area of the Highway Authority’s right-of-way that is governed by this agreement ("Right-of-Way"). Because Exhibit C is not a surveyed plat, the Right-of-Way boundary may be an approximation of the actual Right-of-Way lines.

6. [Use this paragraph if samples have not been collected within the Right-of-Way,

sampling within the Right-of-Way is not practical, and contamination does not extend beyond the Right-of-Way]. Because the collection of samples within the Right-of-Way is not practical, the Parties stipulate that, based on modeling, soil and groundwater contamination exceeding Tier 1 residential remediation objectives does not and will not extend beyond the boundaries of the Right-of-Way.

7. The Highway Authority stipulates it has jurisdiction over the Right-of-Way that

gives it sole control over the use of the groundwater and access to the soil located within or beneath the Right-of-Way.

8. The Highway Authority agrees to prohibit within the Right-of-Way all potable

and domestic uses of groundwater exceeding Tier 1 residential remediation objectives.




9. The Highway Authority further agrees to limit access by itself and others to soil within the Right-of-Way exceeding Tier 1 residential remediation objectives. Access shall be allowed only if human health (including worker safety) and the environment are protected during and after any access. The Highway Authority may construct, reconstruct, improve, repair, maintain and operate a highway upon the Right-of-Way, or allow others to do the same by permit. In addition, the Highway Authority and others using or working in the Right-of-Way under permit have the right to remove soil or groundwater from the Right-of-Way and dispose of the same in accordance with applicable environmental laws and regulations. The Highway Authority agrees to issue all permits for work in the Right-of-Way, and make all existing permits for work in the Right-of-Way, subject to the following or a substantially similar condition:

As a condition of this permit the permittee shall request the office issuing this permit

to identify sites in the Right-of-Way where a Highway Authority Memorandum of Agreement governs access to soil that exceeds the Tier 1 residential remediation objectives of 35 Ill. Adm. Code 742. The permittee shall take all measures necessary to protect human health (including worker safety) and the environment during and after any access to such soil.

10. This agreement shall be referenced in the Agency’s no further remediation

determination issued for the Release(s). 11. The Agency shall be notified of any transfer of jurisdiction over the Right-of-Way

at least 30 days prior to the date the transfer takes effect. This agreement shall be null and void upon the transfer unless the transferee agrees to be bound by this agreement as if the transferee were an original party to this agreement. The transferee’s agreement to be bound by the terms of this agreement shall be memorialized at the time of transfer in a writing ("Rider") that references this Highway Authority Memorandum of Agreement and is signed by the Highway Authority, or subsequent transferor, and the transferee.

12. This agreement shall become effective on the date the Agency issues a no further

remediation determination for the Release(s). It shall remain effective until the Right-of-Way is demonstrated to be suitable for unrestricted use and the Agency issues a new no further remediation determination to reflect there is no longer a need for this agreement, or until the agreement is otherwise terminated or voided.




13. In addition to any other remedies that may be available, the Agency may bring suit to enforce the terms of this agreement or may, in its sole discretion, declare this agreement null and void if the Highway Authority or a transferee violates any term of this agreement. The Highway Authority or transferee shall be notified in writing of any such declaration.

14. This agreement shall be null and void if a court of competent jurisdiction strikes

down any part or provision of the agreement. 15. This agreement supersedes any prior written or oral agreements or understandings

between the Parties on the subject matter addressed herein. It may be altered, modified or amended only upon the written consent and agreement of the Parties.

16. Any notices or other correspondence regarding this agreement shall be sent to the

Parties at following addresses:

Manager, Division of Remediation Management Bureau of Land Illinois Environmental Protection Agency P.O. Box 19276 Springfield, IL 62974-9276

[Contact at Highway Authority]

[Address]

IN WITNESS WHEREOF, the Parties have caused this agreement to be signed by their duly authorized representatives.

[NAME OF LOCAL GOVERNMENT]

Date: By:

Its:




ILLINOIS ENVIRONMENTAL

PROTECTION AGENCY

Date: By: Director





Section 742.APPENDIX F Environmental Land Use Control PREPARED BY: Name: Address: RETURN TO: Name: Address:

THE ABOVE SPACE FOR RECORDER'S OFFICE

Model Environmental Land Use Control

THIS ENVIRONMENTAL LAND USE CONTROL ("ELUC"), is made this day of , 20 by , ("Property Owner") of the real property located at the common address ("Property").

WHEREAS, 415 ILCS 5/58.17 and 35 Ill. Adm. Code 742 provide for the use of an ELUC as an institutional control in order to impose land use limitations or requirements related to environmental contamination so that persons conducting remediation can obtain a No Further Remediation determination from the Illinois Environmental Protection Agency ("IEPA"). The reason for an ELUC is to ensure protection of human health and the environment. The limitations and requirements contained herein are necessary in order to protect against exposure to contaminated soil or groundwater, or both, that may be present on the property as a result of [VARIABLE] activities. Under 35 Ill. Adm. Code 742, the use of risk-based, site-specific remediation objectives may require the use of an ELUC on real property, and the ELUC may apply to certain physical features (e.g., engineered barriers, monitoring wells, caps, etc.).

WHEREAS, [the party performing remediation] intends to request risk-based, site specific soil and groundwater remediation objectives from IEPA under




35 Ill. Adm. Code 742 to obtain risk-based closure of the site, identified by Bureau of Land [10-digit LPC or Identification number] , utilizing an ELUC.

NOW, THEREFORE, the recitals set forth above are incorporated by reference as if fully

set forth herein, and the Property Owner agrees as follows: Date: By: Director

Section One. Property Owner does hereby establish an ELUC on the real estate, situated in the County of , State of Illinois and further described in Exhibit A attached hereto and incorporated herein by reference (the "Property").

Attached as Exhibit B are site maps that show the legal boundary of the Property, any physical features to which the ELUC applies, the horizontal and vertical extent of the contaminants of concern above the applicable remediation objectives for soil or groundwater or both, and the nature, location of the source, and direction of movement of the contaminants of concern, as required under 35 Ill. Adm. Code 742.

Section Two. Property Owner represents and warrants he/she is the current owner of the Property and has the authority to record this ELUC on the chain of title for the Property with the Office of the Recorder or Registrar of Titles in County, Illinois.

Section Three. The Property Owner hereby agrees, for himself/herself, and his/her heirs, grantees, successors, assigns, transferees and any other owner, occupant, lessee, possessor or user of the Property or the holder of any portion thereof or interest therein, that [INSERT RESTRICTION (e.g., the groundwater under the Property shall not be used as a potable supply of water, and any contaminated groundwater or soil that is removed, excavated, or disturbed from the Property described in Exhibit A herein must be handled in accordance with all applicable laws and regulations)].

Section Four. This ELUC is binding on the Property Owner, his/her heirs, grantees, successors, assigns, transferees and any other owner, occupant, lessee, possessor or user of the Property or the holder of any portion thereof or interest therein. This ELUC shall apply in perpetuity against the Property and shall not be released until the IEPA determines there is no longer a need for this ELUC as an institutional control; until the IEPA, upon written request, issues to the site that received the no further remediation determination a new no further remediation determination approving modification or removal of the limitation(s) or requirement(s); the new no further remediation determination is filed on the chain of title of the




site subject to the no further remediation determination; and until a release or modification of the land use limitation or requirement is filed on the chain of title for the Property.

Section Five. Information regarding the remediation performed on the Property may be obtained from the IEPA through a request under the Freedom of Information Act [5 ILCS 140] and rules promulgated thereunder by providing the IEPA with the 10-digit LPC or identification number listed above.

Section Six. The effective date of this ELUC shall be the date that it is officially

recorded in the chain of title for the Property to which the ELUC applies. WITNESS the following signatures: Property Owner(s) By:

Its:

Date: STATE OF ILLINOIS )

) SS: COUNTY OF )

I, the undersigned, a Notary Public for said County and State, DO HEREBY CERTIFY, that and , personally known to me to be the Property Owner(s) of , and personally known to me to be the same persons whose names are subscribed to the foregoing instrument, appeared before me this day in person and severally acknowledged that in said capacities they signed and delivered the said instrument as their free and voluntary act for the uses and purposes therein set forth. Given under my hand and official seal, this day of , 20 .

Notary Public




STATE OF ILLINOIS )

) SS: COUNTY OF )

I, a notary public, do hereby certify that before me this day in person appeared , personally known to me to be the Property Owner(s) of , each severally acknowledged that they signed and delivered the foregoing instrument as the Property Owner(s) herein set forth, and as their own free and voluntary act, for the uses and purposes herein set forth.

Given under my hand and official seal, this day of , 20 .

Notary Public




PIN NO. XX-XX-XXX-XXX-XXXX (Parcel Index Number)

Exhibit A

The subject property is located in the City of , County, State of Illinois, commonly known as , , Illinois and more particularly described as: LIST THE COMMON ADDRESS; LEGAL DESCRIPTION; AND REAL ESTATE TAX INDEX OR PARCEL # (PURSUANT TO SECTION 742.1010(D)(2))




PIN NO. XX-XX-XXX-XXX-XXXX

Exhibit B IN ACCORDANCE WITH SECTION 742.1010(D)(8)(A)-(D), PROVIDE ALL THE FOLLOWING ELEMENTS. ATTACH SEPARATE SHEETS, LABELED AS EXHIBIT B, WHERE NECESSARY.

(A) A scaled map showing the legal boundary of the property to which the ELUC applies.

(B) Scaled maps showing the horizontal and vertical extent of contaminants of

concern above the applicable remediation objectives for soil and groundwater to which the ELUC applies.

(C) Scaled maps showing the physical features to which an ELUC applies (e.g.,

engineered barriers, monitoring wells, caps, etc.). (D) Scaled maps showing the nature, location of the source, and direction of

movement of the contaminants of concern. (Source: Added at 30 Ill. Reg. ______, effective ____________)




Section 742.APPENDIX G Model Ordinance

ORDINANCE NUMBER

AN ORDINANCE PROHIBITING THE USE OF GROUNDWATER AS A POTABLE WATER SUPPLY BY THE INSTALLATION OR USE OF

POTABLE WATER SUPPLY WELLS OR BY ANY OTHER METHOD

WHEREAS, certain properties in the City [Village] of , Illinois have been used over a period of time for commercial/industrial purposes; and

WHEREAS, because of said use, concentrations of certain chemical constituents in the groundwater beneath the City [Village] may exceed Class I groundwater quality standards for potable resource groundwater as set forth in 35 Illinois Administrative Code 620 or Tier 1 remediation objectives as set forth in 35 Illinois Administrative Code 742; and

WHEREAS, the City [Village] of desires to limit potential threats to human health from groundwater contamination while facilitating the redevelopment and productive use of properties that are the source of said chemical constituents;

NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY [VILLAGE] OF , ILLINOIS:

Section One. Use of groundwater as a potable water supply prohibited.

[Except for such uses or methods in existence before the effective date of this ordinance,] The use or attempt to use as a potable water supply groundwater from within the corporate limits of the City [Village] of , as a potable water supply, by the installation or drilling of wells or by any other method is hereby prohibited. This prohibition [expressly includes] [does not include] the City [Village] of .

Section Two. Penalties.

Any person violating the provisions of this ordinance shall be subject to a fine of up to for each violation.

Section Three. Definitions.




"Person" is any individual, partnership, co-partnership, firm, company, limited liability company, corporation, association, joint stock company, trust, estate, political subdivision, or any other legal entity, or their legal representatives, agents or assigns.

"Potable water" is any water used for human or domestic consumption, including, but not limited to, water used for drinking, bathing, swimming, washing dishes, or preparing foods.

Section Four. Memorandum of Understanding.

[This Section is only necessary if ordinance does not expressly prohibit installation of potable water supply wells by the city or village − could be separate resolution]

The Mayor of the City [Village] of is hereby authorized and directed to enter into a Memorandum of Understanding with the Illinois Environmental Protection Agency ("Illinois EPA") in which the City [Village] of assumes responsibility for tracking all sites that have received no further remediation determinations from the Illinois EPA, notifying the Illinois EPA of changes to this ordinance, and taking certain precautions when siting public potable water supply wells.

Section Five. Repealer.

All ordinances or parts of ordinances in conflict with this ordinance are hereby repealed insofar as they are in conflict with this ordinance.

Section Six. Severability.

If any provision of this ordinance or its application to any person or under any circumstances is adjudged invalid, such adjudication shall not affect the validity of the ordinance as a whole or of any portion not adjudged invalid.

Section Seven. Effective date.

This ordinance shall be in full force and effect from and after its passage, approval and publication as required by law.




ADOPTED: APPROVED:

(Date)

(Date)

(City Clerk)

(Mayor)

Officially published this day of , 20 .





Section 742.APPENDIX H Memorandum of Understanding

MEMORANDUM OF UNDERSTANDING BETWEEN AND THE ILLINOIS ENVIRONMENTAL PROTECTION AGENCY

REGARDING THE USE OF A LOCAL GROUNDWATER OR WATER WELL ORDINANCE AS AN ENVIRONMENTAL INSTITUTIONAL CONTROL

I. PURPOSE AND INTENT A. This Memorandum of Understanding ("MOU") between

and the Illinois Environmental Protection Agency ("Illinois EPA") is entered into for the purpose of satisfying the requirements of 35 Ill. Adm. Code 742.1015 for the use of groundwater or water well ordinances as environmental institutional controls. The Illinois EPA has reviewed the groundwater or water well ordinance of

(Attachment A) and determined that the ordinance prohibits the use of groundwater for potable purposes and/or the installation and use of new potable water supply wells by private entities but does not expressly prohibit those activities by the unit of local government itself. In such cases, 35 Ill. Adm. Code 742.1015(a) provides that the unit of local government may enter into an MOU with the Illinois EPA to allow the use of the ordinance as an institutional control.

B. The intent of this Memorandum of Understanding is to specify the responsibilities that

must be assumed by the unit of local government to satisfy the requirements for MOUs as set forth at 35 Ill. Adm. Code 742.1015(i).

II. DECLARATIONS AND ASSUMPTION OF RESPONSIBILITY In order to ensure the long-term integrity of the groundwater or water well ordinance as an environmental institutional control and that risk to human health and the environment from contamination left in place in reliance on the groundwater or water well ordinance is effectively managed, hereby assumes the following responsibilities pursuant to 35 Ill. Adm. Code 742.1015(d)(2) and (i): A. will notify the Illinois EPA Bureau of Land of any

proposed ordinance changes or requests for variance at least 30 days prior to the date the local government is scheduled to take action on the proposed change or request (35 Ill. Adm. Code 742.1015(i)(4));




B. will maintain a registry of all sites within its corporate

limits that have received "No Further Remediation" determinations in reliance on the ordinance from the Illinois EPA (35 Ill. Adm. Code 742.1015(i)(5));

C. will review the registry of sites established under

paragraph II. B. prior to siting public potable water supply wells within the area covered by the ordinance (35 Ill. Adm. Code 742.1015(i)(6)(A));

D. will determine whether the potential source of potable

water has been or may be affected by contamination left in place at the sites tracked and reviewed under paragraphs II. B. and C. (35 Ill. Adm. Code 742.1015(i)(6)(B)); and

E. will take action as necessary to ensure that the potential

source of potable water is protected from contamination or treated before it is used as a potable water supply (35 Ill. Adm. Code 742.1015(i)(6)(C)).

NOTE: Notification under paragraph II. A. above or other communications concerning this

MOU should be directed to:

Manager, Division of Remediation Management Bureau of Land Illinois Environmental Protection Agency P.O. Box 19276 Springfield, IL 62794-9276

III. SUPPORTING DOCUMENTATION The following documentation is required by 35 Ill. Adm. Code 742.1015(i) and is attached to this MOU: A. Attachment A: A copy of the groundwater or water well ordinance certified by the city

clerk or other official as the current, controlling law (35 Ill. Adm. Code 742.1015(i)(3)); B. Attachment B: Identification of the legal boundaries within which the ordinance is

applicable (certification by city clerk or other official that the ordinance is applicable everywhere within the corporate limits; if ordinance is not applicable throughout the entire city or village, legal description and map of area showing sufficient detail to determine where ordinance is applicable) (35 Ill. Adm. Code 742.1015(i)(2));




C. Attachment C: A statement of the authority of the unit of local government to enter into

the MOU (council resolution, code of ordinances, inherent powers of mayor or other official signing MOU − attach copies) (35 Ill. Adm. Code 742.1015(i)(1)).

IN WITNESS WHEREOF, the lawful representatives of the parties have caused this MOU to be signed as follows: FOR:

(Name of city or village)

BY: DATE: (Name and title of signatory)

FOR: Illinois Environmental Protection Agency

BY: DATE: Manager, Division of Remediation Management

Bureau of Land



DEPARTMENT OF REVENUE


1) Heading of the Part: Retailers' Occupation Tax 2) Code Citation: 86 Ill. Adm. Code 130 3) Section Numbers: Proposed Action: 130.120 Amendment

130.605 Amendment 4) Statutory Authority: 35 ILCS 120/2-5(25-5); 625 ILCS 5/3-603

5) A Complete Description of the Subjects and Issues Involved: Codifies the changes made

by Public Act 93-1068 to narrow the tax exemption from an exemption for all nonresident purchasers who take delivery of a motor vehicle in Illinois that is eligible for a drive-away permit under the Illinois Vehicle Code to an exemption only for purchasers from States that afford Illinois purchasers a similar exemption. Also makes changes to clarify that nonresident purchasers of ATV’s, off-highway motorcycles, other motorcycles and motor-driven cycles not manufactured or equipped for general highway use, snowmobiles, and watercraft are not eligible for the drive-away permit sales tax exemption.


rulemaking: None 7) Will this rulemaking replace any emergency rulemaking currently in effect? No 8) Does this rulemaking contain an automatic repeal date? No 9) Does this rulemaking contain incorporations by reference? No 10) Are there any other proposed rulemakings pending on this Part? Yes

Section Number Proposed Action Illinois Register Citation 130.1953 New Section 09/22/06, 30 Ill. Reg. 15099 11) Statement of Statewide Policy Objective: This rulemaking does not create a State

mandate, nor does it modify any existing State mandates. 12) Time, Place and Manner in which interested persons may comment on this proposed

rulemaking: Persons who wish to submit comments on this proposed rulemaking may submit them in writing by no later than 45 days after publication of this Notice to:




Samuel J. Moore Associate Counsel Illinois Department of Revenue Legal Services Office 101 West Jefferson Springfield, Illinois 62794

217/782-2844 13) Initial Regulatory Flexibility Analysis:

A) Types of small businesses, small municipalities and not for profit corporations affected: This rulemaking would affect any small business engaged in selling motor vehicles in Illinois to non-residents of Illinois.

B) Reporting, bookkeeping or other procedures required for compliance: Sellers

must properly complete ST-556 Sales Tax Transaction Return (for Vehicles, Watercraft, Aircraft, Trailers, and Mobile Homes)

C) Types of professional skills necessary for compliance: None

14) Regulatory Agenda on which this rulemaking was summarized: July 2006 The full text of the Proposed Amendments begins on the next page:




TITLE 86: REVENUE CHAPTER I: DEPARTMENT OF REVENUE

PART 130

RETAILERS' OCCUPATION TAX

SUBPART A: NATURE OF TAX

Section 130.101 Character and Rate of Tax 130.105 Responsibility of Trustees, Receivers, Executors or Administrators 130.110 Occasional Sales 130.111 Sale of Used Motor Vehicles, Aircraft, or Watercraft by Leasing or Rental

Business 130.115 Habitual Sales 130.120 Nontaxable Transactions

SUBPART B: SALE AT RETAIL Section 130.201 The Test of a Sale at Retail 130.205 Sales for Transfer Incident to Service 130.210 Sales of Tangible Personal Property to Purchasers for Resale 130.215 Further Illustrations of Sales for Use or Consumption Versus Sales for Resale 130.220 Sales to Lessors of Tangible Personal Property 130.225 Drop Shipments

SUBPART C: CERTAIN STATUTORY EXEMPTIONS

Section 130.305 Farm Machinery and Equipment 130.310 Food, Drugs, Medicines and Medical Appliances 130.315 Fuel Sold for Use in Vessels on Rivers Bordering Illinois 130.320 Gasohol, Majority Blended Ethanol, Biodiesel Blends, and 100% Biodiesel 130.321 Fuel Used by Air Common Carriers in International Flights 130.325 Graphic Arts Machinery and Equipment Exemption 130.330 Manufacturing Machinery and Equipment 130.331 Manufacturer's Purchase Credit 130.332 Automatic Vending Machines 130.335 Pollution Control Facilities and Low Sulfur Dioxide Emission Coal-Fueled

Devices




130.340 Rolling Stock 130.341 Commercial Distribution Fee Sales Tax Exemption 130.345 Oil Field Exploration, Drilling and Production Equipment 130.350 Coal Exploration, Mining, Off Highway Hauling, Processing, Maintenance and

Reclamation Equipment 130.351 Aggregate Manufacturing

SUBPART D: GROSS RECEIPTS

Section 130.401 Meaning of Gross Receipts 130.405 How to Avoid Paying Tax on State or Local Tax Passed on to the Purchaser 130.410 Cost of Doing Business Not Deductible 130.415 Transportation and Delivery Charges 130.420 Finance or Interest Charges – Penalties – Discounts 130.425 Traded-In Property 130.430 Deposit or Prepayment on Purchase Price 130.435 State and Local Taxes Other Than Retailers' Occupation Tax 130.440 Penalties 130.445 Federal Taxes 130.450 Installation, Alteration and Special Service Charges 130.455 Motor Vehicle Leasing and Trade-In Allowances

SUBPART E: RETURNS

Section 130.501 Monthly Tax Returns – When Due – Contents 130.502 Quarterly Tax Returns 130.505 Returns and How to Prepare 130.510 Annual Tax Returns 130.515 First Return 130.520 Final Returns When Business is Discontinued 130.525 Who May Sign Returns 130.530 Returns Covering More Than One Location Under Same Registration – Separate

Returns for Separately Registered Locations 130.535 Payment of the Tax, Including Quarter Monthly Payments in Certain Instances 130.540 Returns on a Transaction by Transaction Basis 130.545 Registrants Must File a Return for Every Return Period 130.550 Filing of Returns for Retailers by Suppliers Under Certain Circumstances 130.551 Prepayment of Retailers' Occupation Tax on Motor Fuel




130.552 Alcoholic Liquor Reporting 130.555 Vending Machine Information Returns 130.560 Verification of Returns

SUBPART F: INTERSTATE COMMERCE

Section 130.601 Preliminary Comments 130.605 Sales of Property Originating in Illinois 130.610 Sales of Property Originating in Other States

SUBPART G: CERTIFICATE OF REGISTRATION

Section 130.701 General Information on Obtaining a Certificate of Registration 130.705 Procedure in Disputed Cases Involving Financial Responsibility Requirements 130.710 Procedure When Security Must be Forfeited 130.715 Sub-Certificates of Registration 130.720 Separate Registrations for Different Places of Business of Same Taxpayer Under

Some Circumstances 130.725 Display 130.730 Replacement of Certificate 130.735 Certificate Not Transferable 130.740 Certificate Required For Mobile Vending Units 130.745 Revocation of Certificate

SUBPART H: BOOKS AND RECORDS

Section 130.801 General Requirements 130.805 What Records Constitute Minimum Requirement 130.810 Records Required to Support Deductions 130.815 Preservation and Retention of Records 130.820 Preservation of Books During Pendency of Assessment Proceedings 130.825 Department Authorization to Destroy Records Sooner Than Would Otherwise be

Permissible

SUBPART I: PENALTIES AND INTEREST

Section




130.901 Civil Penalties 130.905 Interest 130.910 Criminal Penalties

SUBPART J: BINDING OPINIONS

Section 130.1001 When Opinions from the Department are Binding

SUBPART K: SELLERS LOCATED ON, OR SHIPPING TO, FEDERAL AREAS

Section 130.1101 Definition of Federal Area 130.1105 When Deliveries on Federal Areas Are Taxable 130.1110 No Distinction Between Deliveries on Federal Areas and Illinois Deliveries

Outside Federal Areas

SUBPART L: TIMELY MAILING TREATED AS TIMELY FILING AND PAYING

Section 130.1201 General Information 130.1205 Due Date that Falls on Saturday, Sunday or a Holiday

SUBPART M: LEASED PORTIONS OF LESSOR'S BUSINESS SPACE

Section 130.1301 When Lessee of Premises Must File Return for Leased Department 130.1305 When Lessor of Premises Should File Return for Business Operated on Leased

Premises 130.1310 Meaning of "Lessor" and "Lessee" in this Regulation

SUBPART N: SALES FOR RESALE

Section 130.1401 Seller's Responsibility to Determine the Character of the Sale at the Time of the

Sale 130.1405 Seller's Responsibility to Obtain Certificates of Resale and Requirements for

Certificates of Resale 130.1410 Requirements for Certificates of Resale (Repealed) 130.1415 Resale Number – When Required and How Obtained




130.1420 Blanket Certificate of Resale (Repealed)

SUBPART O: CLAIMS TO RECOVER ERRONEOUSLY PAID TAX

Section 130.1501 Claims for Credit – Limitations – Procedure 130.1505 Disposition of Credit Memoranda by Holders Thereof 130.1510 Refunds 130.1515 Interest

SUBPART P: PROCEDURE TO BE FOLLOWED UPON SELLING OUT OR DISCONTINUING BUSINESS

Section 130.1601 When Returns are Required After a Business is Discontinued 130.1605 When Returns Are Not Required After Discontinuation of a Business 130.1610 Cross Reference to Bulk Sales Regulation

SUBPART Q: NOTICE OF SALES OF GOODS IN BULK

Section 130.1701 Bulk Sales: Notices of Sales of Business Assets

SUBPART R: POWER OF ATTORNEY

Section 130.1801 When Powers of Attorney May be Given 130.1805 Filing of Power of Attorney With Department 130.1810 Filing of Papers by Agent Under Power of Attorney

SUBPART S: SPECIFIC APPLICATIONS

Section 130.1901 Addition Agents to Plating Baths 130.1905 Agricultural Producers 130.1910 Antiques, Curios, Art Work, Collectors' Coins, Collectors' Postage Stamps and

Like Articles 130.1915 Auctioneers and Agents 130.1920 Barbers and Beauty Shop Operators 130.1925 Blacksmiths




130.1930 Chiropodists, Osteopaths and Chiropractors 130.1935 Computer Software 130.1940 Construction Contractors and Real Estate Developers 130.1945 Co-operative Associations 130.1950 Dentists 130.1951 Enterprise Zones 130.1952 Sales of Building Materials to a High Impact Business 130.1955 Farm Chemicals 130.1960 Finance Companies and Other Lending Agencies – Installment Contracts – Bad

Debts 130.1965 Florists and Nurserymen 130.1970 Hatcheries 130.1971 Sellers of Pets and the Like 130.1975 Operators of Games of Chance and Their Suppliers 130.1980 Optometrists and Opticians 130.1985 Pawnbrokers 130.1990 Peddlers, Hawkers and Itinerant Vendors 130.1995 Personalizing Tangible Personal Property 130.2000 Persons Engaged in the Printing, Graphic Arts or Related Occupations, and Their

Suppliers 130.2004 Sales to Nonprofit Arts or Cultural Organizations 130.2005 Persons Engaged in Nonprofit Service Enterprises and in Similar Enterprises

Operated As Businesses, and Suppliers of Such Persons 130.2006 Sales by Teacher-Sponsored Student Organizations 130.2007 Exemption Identification Numbers 130.2008 Sales by Nonprofit Service Enterprises 130.2009 Personal Property Purchased Through Certain Fundraising Events for the Benefit

of Certain Schools 130.2010 Persons Who Rent or Lease the Use of Tangible Personal Property to Others 130.2011 Sales to Persons Who Lease Tangible Personal Property to Exempt Hospitals 130.2012 Sales to Persons Who Lease Tangible Personal Property to Governmental Bodies 130.2013 Persons in the Business of Both Renting and Selling Tangible Personal Property –

Tax Liabilities, Credit 130.2015 Persons Who Repair or Otherwise Service Tangible Personal Property 130.2020 Physicians and Surgeons 130.2025 Picture-Framers 130.2030 Public Amusement Places 130.2035 Registered Pharmacists and Druggists 130.2040 Retailers of Clothing 130.2045 Retailers on Premises of the Illinois State Fair, County Fairs, Art Shows, Flea




Markets and the Like 130.2050 Sales and Gifts By Employers to Employees 130.2055 Sales by Governmental Bodies 130.2060 Sales of Alcoholic Beverages, Motor Fuel and Tobacco Products 130.2065 Sales of Automobiles for Use In Demonstration (Repealed) 130.2070 Sales of Containers, Wrapping and Packing Materials and Related Products 130.2075 Sales To Construction Contractors, Real Estate Developers and Speculative

Builders 130.2076 Sales to Purchasers Performing Contracts with Governmental Bodies 130.2080 Sales to Governmental Bodies, Foreign Diplomats and Consular Personnel 130.2085 Sales to or by Banks, Savings and Loan Associations and Credit Unions 130.2090 Sales to Railroad Companies 130.2095 Sellers of Gasohol, Coal, Coke, Fuel Oil and Other Combustibles 130.2100 Sellers of Feeds and Breeding Livestock 130.2101 Sellers of Floor Coverings 130.2105 Sellers of Newspapers, Magazines, Books, Sheet Music and Musical Recordings,

and Their Suppliers; Transfer of Data Downloaded Electronically 130.2110 Sellers of Seeds and Fertilizer 130.2115 Sellers of Machinery, Tools and Special Order Items 130.2120 Suppliers of Persons Engaged in Service Occupations and Professions 130.2125 Trading Stamps and Discount Coupons 130.2130 Undertakers and Funeral Directors 130.2135 Vending Machines 130.2140 Vendors of Curtains, Slip Covers and Other Similar Items Made to Order 130.2145 Vendors of Meals 130.2150 Vendors of Memorial Stones and Monuments 130.2155 Tax Liability of Sign Vendors 130.2156 Vendors of Steam 130.2160 Vendors of Tangible Personal Property Employed for Premiums, Advertising,

Prizes, Etc. 130.2165 Veterinarians 130.2170 Warehousemen

SUBPART T: DIRECT PAYMENT PROGRAM

Section 130.2500 Direct Payment Program 130.2505 Qualifying Transactions, Non-transferability of Permit 130.2510 Permit Holder's Payment of Tax 130.2515 Application for Permit




130.2520 Qualification Process and Requirements 130.2525 Application Review 130.2530 Recordkeeping Requirements 130.2535 Revocation and Withdrawal 130.ILLUSTRATION A Examples of Tax Exemption Card 130.ILLUSTRATION B Example of Notice of Revocation of Certificate of Registration AUTHORITY: Implementing the Illinois Retailers' Occupation Tax Act [35 ILCS 120] and authorized by Section 2505-25 of the Civil Administrative Code of Illinois [20 ILCS 2505/2505-25]. SOURCE: Adopted July l, 1933; amended at 2 Ill. Reg. 50, p. 7l, effective December 10, 1978; amended at 3 Ill. Reg. 12, p. 4, effective March 19, 1979; amended at 3 Ill. Reg. l3, pp. 93 and 95, effective March 25, 1979; amended at 3 Ill. Reg. 23, p. l64, effective June 3, 1979; amended at 3 Ill. Reg. 25, p. 229, effective June l7, 1979; amended at 3 Ill. Reg. 44, p. 193, effective October 19, 1979; amended at 3 Ill. Reg. 46, p. 52, effective November 2, 1979; amended at 4 Ill. Reg. 24, pp. 520, 539, 564 and 57l, effective June l, 1980; amended at 5 Ill. Reg. 8l8, effective January 2, 198l; amended at 5 Ill. Reg. 3014, effective March 11, 198l; amended at 5 Ill. Reg. 12782, effective November 2, 198l; amended at 6 Ill. Reg. 2860, effective March 3, 1982; amended at 6 Ill. Reg. 6780, effective May 24, 1982; codified at 6 Ill. Reg. 8229; recodified at 6 Ill. Reg. 8999; amended at 6 Ill. Reg. 15225, effective December 3, 1982; amended at 7 Ill. Reg. 7990, effective June 15, 1983; amended at 8 Ill. Reg. 5319, effective April 11, 1984; amended at 8 Ill. Reg. 19062, effective September 26, 1984; amended at 10 Ill. Reg. 1937, effective January 10, 1986; amended at 10 Ill. Reg. 12067, effective July l, 1986; amended at 10 Ill. Reg. 19538, effective November 5, 1986; amended at 10 Ill. Reg. 19772, effective November 5, 1986; amended at 11 Ill. Reg. 4325, effective March 2, 1987; amended at 11 Ill. Reg. 6252, effective March 20, 1987; amended at 11 Ill. Reg. 18284, effective October 27, 1987; amended at 11 Ill. Reg. 18767, effective October 28, 1987; amended at 11 Ill. Reg. 19138, effective October 29, 1987; amended at 11 Ill. Reg. 19696, effective November 23, 1987; amended at 12 Ill. Reg. 5652, effective March 15, 1988; emergency amendment at 12 Ill. Reg. 14401, effective September 1, 1988, for a maximum of 150 days, modified in response to an objection of the Joint Committee on Administrative Rules at 12 Ill. Reg. 19531, effective November 4, 1988, not to exceed the 150 day time limit of the original rulemaking; emergency expired January 29, 1989; amended at 13 Ill. Reg. 11824, effective June 29, 1989; amended at 14 Ill. Reg. 241, effective December 21, 1989; amended at 14 Ill. Reg. 872, effective January 1, 1990; amended at 14 Ill. Reg. 15463, effective September 10, 1990; amended at 14 Ill. Reg. 16028, effective September 18, 1990; amended at 15 Ill. Reg. 6621, effective April 17, 1991; amended at 15 Ill. Reg. 13542, effective August 30, 1991; amended at 15 Ill. Reg. 15757, effective October 15, 1991; amended at 16 Ill. Reg. 1642, effective January 13, 1992; amended




at 17 Ill. Reg. 860, effective January 11, 1993; amended at 17 Ill. Reg. 18142, effective October 4, 1993; amended at 17 Ill. Reg. 19651, effective November 2, 1993; amended at 18 Ill. Reg. 1537, effective January 13, 1994; amended at 18 Ill. Reg. 16866, effective November 7, 1994; amended at 19 Ill. Reg. 13446, effective September 12, 1995; amended at 19 Ill. Reg. 13568, effective September 11, 1995; amended at 19 Ill. Reg. 13968, effective September 18, 1995; amended at 20 Ill. Reg. 4428, effective March 4, 1996; amended at 20 Ill. Reg. 5366, effective March 26, 1996; amended at 20 Ill. Reg. 6991, effective May 7, 1996; amended at 20 Ill. Reg. 9116, effective July 2, 1996; amended at 20 Ill. Reg. 15753, effective December 2, 1996; expedited correction at 21 Ill. Reg. 4052, effective December 2, 1996; amended at 20 Ill. Reg. 16200, effective December 16, 1996; amended at 21 Ill. Reg. 12211, effective August 26, 1997; amended at 22 Ill. Reg. 3097, effective January 27, 1998; amended at 22 Ill. Reg. 11874, effective June 29, 1998; amended at 22 Ill. Reg. 19919, effective October 28, 1998; amended at 22 Ill. Reg. 21642, effective November 25, 1998; amended at 23 Ill. Reg. 9526, effective July 29, 1999; amended at 23 Ill. Reg. 9898, effective August 9, 1999; amended at 24 Ill. Reg. 10713, effective July 7, 2000; emergency amendment at 24 Ill. Reg. 11313, effective July 12, 2000, for a maximum of 150 days; amended at 24 Ill. Reg. 15104, effective October 2, 2000; amended at 24 Ill. Reg. 18376, effective December 1, 2000; amended at 25 Ill. Reg. 941, effective January 8, 2001; emergency amendment at 25 Ill. Reg. 1792, effective January 16, 2001, for a maximum of 150 days; amended at 25 Ill. Reg. 4674, effective March 15, 2001; amended at 25 Ill. Reg. 4950, effective March 19, 2001; amended at 25 Ill. Reg. 5398, effective April 2, 2001; amended at 25 Ill. Reg. 6515, effective May 3, 2001; expedited correction at 25 Ill. Reg. 15681, effective May 3, 2001; amended at 25 Ill. Reg. 6713, effective May 9, 2001; amended at 25 Ill. Reg. 7264, effective May 25, 2001; amended at 25 Ill. Reg. 10917, effective August 13, 2001; amended at 25 Ill. Reg. 12841, effective October 1, 2001; amended at 26 Ill. Reg. 958, effective January 15, 2002; amended at 26 Ill. Reg. 1303, effective January 17, 2002; amended at 26 Ill. Reg. 3196, effective February 13, 2002; amended at 26 Ill. Reg. 5369, effective April 1, 2002; amended at 26 Ill. Reg. 5946, effective April 15, 2002; amended at 26 Ill. Reg. 8423, effective May 24, 2002; amended at 26 Ill. Reg. 9885, effective June 24, 2002; amended at 27 Ill. Reg. 795, effective January 3, 2003; emergency amendment at 27 Ill. Reg. 11099, effective July 7, 2003, for a maximum of 150 days; emergency expired December 3, 2003; amended at 27 Ill. Reg. 17216, effective November 3, 2003; emergency amendment at 27 Ill. Reg. 18911, effective November 26, 2003, for a maximum of 150 days; emergency expired April 23, 2004; amended at 28 Ill. Reg. 9121, effective June 18, 2004; amended at 28 Ill. Reg. 11268, effective July 21, 2004; emergency amendment at 28 Ill. Reg. 15193, effective November 3, 2004, for a maximum of 150 days; emergency expired April 1, 2005; amended at 29 Ill. Reg. 7004, effective April 26, 2005; amended at 30 Ill. Reg. ______, effective ____________.

SUBPART A: NATURE OF TAX Section 130.120 Nontaxable Transactions




The tax does not apply to receipts from sales:

a) of intangible personal property, such as shares of stocks, bonds, evidences of interest in property, corporate or other franchises and evidences of debt;

b) of real property, such as lands and buildings that are permanently attached to the

land; c) of tangible personal property for purposes of resale in any form as tangible

personal property, provided that the purchaser (except in the case of an out-of-State purchaser who will always resell and deliver the property to his customers outside Illinois) has an active registration number or active resale number from the Department and gives the number to the vendor in connection with certifying to the vendor that the sale to the purchaser is nontaxable on the ground of being a sale for resale (see Subparts B and N of this Part);

d) of personal services, where rendered as such (see various rules relating to

particular service occupations); however, for information concerning the tax on persons engaged in the business of making sales of service, see the Regulations pertaining to the Service Occupation Tax Act (86 Ill. Adm. Code 140);

e) that are within the protection of the Commerce Clause of the Constitution of the

United States (see Subpart F of this Part); f) that are isolated or occasional (see Section 130.110 of this Subpart); g) of newspapers and magazines (see Section 130.2105 of this Part); h) that are made to any corporation, society, association, foundation or institution

organized and operated exclusively for charitable, religious or educational purposes, or any not-for-profit corporation, society, association, foundation, institution or organization that has no compensated officers or employees and that is organized and operated primarily for the recreation of persons 55 years of age or older. A limited liability company may qualify for the exemption under this subsection only if the limited liability company is organized and operated exclusively for educational purposes (see Section 130.2005 of this Part);

i) that are made to any governmental body (see Section 130.2080 of this Part);




j) through June 30, 2003, of pollution control facilities (see Section 130.335 of this Part);

k) of fuel consumed or used in the operation of ships, barges or vessels that are

used primarily in or for the transportation of property or the conveyance of persons for hire on rivers bordering on this State if the fuel is delivered by the seller to the purchaser's barge, ship or vessel while it is afloat upon that bordering river [35 ILCS 120/2-5(24)] (see Section 130.315 of this Part);

l) of tangible personal property to interstate carriers for hire for use as rolling stock

moving in interstate commerce (see Section 130.340 of this Part); m) except as otherwise provided in Section 130.605(b)(1)(A), of a motor vehicle in

this State to a nonresident even though the motor vehicle is delivered to the nonresident in this State, if the motor vehicle is not to be titled in this State, and if a drive-away permit is issued to the motor vehicle as provided in Section 3-603 of the Illinois Vehicle Code [625 ILCS 5/3-603], or if the nonresident purchaser has vehicle registration plates to transfer to the motor vehicle upon returning to his home state (see Section 130.605);

n) until December 31, 2001, of merchandise in bulk when sold from a vending

machine for 1¢; on and after January 1, 2002, the exemption applies to merchandise in bulk when sold from a vending machine for 50¢ or less (see 35 ILCS 120/1 and Section 130.2135 of this Part);

o) of food and beverages by a person who is the recipient of a grant or contract under

Title VII of the Older Americans Act of 1965 (42 USC 3021) and serves meals to participants in the Federal Nutrition Program for the Elderly in return for contributions established in amount by the individual participant pursuant to a schedule of suggested fees as provided for in the Federal Act;

p) of farm chemicals (see Section 130.1955 of this Part); q) of manufacturing machinery and equipment that qualifies for exemption under

provisions of Section 130.330 of this Part; r) of services included in gross receipts for purposes of the Retailers' Occupation

Tax and that are designated mandatory service charges by vendors of meals to the extent that the proceeds of the service charge are in fact turned over to the employees who would normally have received tips had the service charge policy




not been introduced. Service charges that are used to fund or pay wages, labor costs, employee benefits or employer costs of doing business are taxable gross receipts;

s) of any petroleum product, if the seller is prohibited by federal law from charging

tax to the purchaser [35 ILCS 120/2-5(16)]. 1) For example, federal law prohibits sellers from charging tax to Amtrak

when it purchases petroleum products. However, federal law does not relieve the seller of Retailers' Occupation Tax liability in these transactions. For that reason, the exemption set out in this subsection is necessary to relieve the seller of Retailers' Occupation Tax liability when making sales of petroleum products to Amtrak.

2) The nontaxable transaction set out above is also applicable to local

Retailers' Occupation Taxes imposed by municipalities, counties, the Regional Transportation Authority and Metro East Mass Transit District;

t) of farm machinery and equipment, both new and used including that

manufactured on special order, certified by the purchaser to be used primarily for production agriculture, or state or federal agricultural programs, including individual replacement parts for the machinery and equipment and including machinery and equipment purchased for lease [35 ILCS 120/2-5(2)] (see Section 130.305);

u) through June 30, 2003, of distillation machinery and equipment, sold as a unit or

kit, certified by the user to be used only for the production of ethyl alcohol that will be used for consumption as a motor fuel or as a component of motor fuel for personal use of the user and not subject to sale or resale [35 ILCS 120/2-5(3)];

v) through June 30, 2003, and beginning again on September 1, 2004, of graphic

arts machinery and equipment, including repair and replacement parts [35 ILCS 120/2-5(4)] (see Section 130.325);

w) a motor vehicle of the first division, a motor vehicle of the second division that is

a self-contained motor vehicle designed or permanently converted to provide living quarters for recreational, camping, or travel use, with direct walk through access to the living quarters from the driver's seat, or a motor vehicle of the second division that is of the van configuration designed for the transportation of not less than 7 nor more than 16 passengers, as defined in Section 1-146 of the




Illinois Vehicle Code that is used for automobile renting as defined in the Automobile Renting Occupation and Use Tax Act [35 ILCS 120/2-5(5)];

x) of personal property sold by a teacher-sponsored student organization affiliated

with an elementary or secondary school located in Illinois [35 ILCS 120/2-5(6)] (see Section 130.2006);

y) through June 30, 2003, of that portion of the selling price of a passenger car, the

sale of which is subject to the replacement vehicle tax of the Illinois Vehicle Code [625 ILCS 5/3-2001] [35 ILCS 120/2-5(7)];

z) of personal property sold to an Illinois county fair association for use in

conducting, operating or promoting the county fair [35 ILCS 120/2-5(8)]; aa) of personal property sold to any not-for-profit arts or cultural organization that

establishes that it has received an exemption under Section 501(c)(3) of the Internal Revenue Code (26 USCA 501) and that is organized and operated for the presentation or support of arts or cultural programming, activities, or services. On and after July 1, 2001, the qualifying organizations listed in this subsection (aa) must also be organized and operated primarily for the presentation or support of arts or cultural programming, activities, or services. These organizations include, but are not limited to, music and dramatic arts organizations such as symphony orchestras and theatrical groups, arts and cultural service organizations, local arts councils, visual arts organizations, and media arts organizations [35 ILCS 120/2-5(9)] (see Section 130.2004 of this Part);

bb) of personal property sold by a corporation, society, association, foundation,

institution or organization that is organized and operated as a not-for-profit service enterprise for the benefit of persons 65 years of age or older if the personal property was not purchased by the enterprise for the purpose of resale by the enterprise [35 ILCS 120/2-5(10)] (see Section 130.2008);

cc) of legal tender, currency, medallions, or gold or silver coinage issued by the State

of Illinois, the government of the United States of America or the government of any foreign country and bullion [35 ILCS 120/2-5(11)], unless the items are transferred as jewelry and therefore subject to tax;

dd) through June 30, 2003, of oil field exploration, drilling and production equipment

[35 ILCS 120/2-5(19)] (see Section 130.345);




ee) of photoprocessing machinery and equipment, including repair and replacement

parts [35 ILCS 120/2-5(20)] (see Section 130.2000); ff) through June 30, 2003, of coal exploration, mining, off highway hauling,

processing, maintenance and reclamation equipment, including replacement parts and equipment [35 ILCS 120/2-5(21)] (see Section 130.350);

gg) of fuel and petroleum products sold to or used by an air common carrier, certified

by the carrier to be used for consumption, shipment or storage in the conduct of its business as an air common carrier, for a flight destined for or returning from a location or locations outside the United States without regard to previous or subsequent domestic stopovers [35 ILCS 120/2-5(22)] (see Section 130.321);

hh) of semen used for artificial insemination of livestock for direct agricultural

production. [35 ILCS 120/2-5(26)] Exemption certifications must be executed by the purchaser. The certificate must include the seller's name and address, the purchaser's name and address, the purchaser's registration number with the Department, the purchaser's signature and date of signing and a statement that the semen purchased will be used for artificial insemination of livestock for direct agricultural production. The certificates shall be retained by the retailer and shall be made available to the Department for inspection or audit;

ii) beginning with taxable years ending on or after December 31, 1995 and ending

with taxable years ending on or before December 31, 2004, of personal property that is donated for disaster relief to be used in a State or federally declared disaster area in Illinois or bordering Illinois by a manufacturer or retailer that is registered in this State to a corporation, society, association, foundation, or institution that has been issued a sales tax exemption identification number by the Department that assists victims of the disaster who reside within the declared disaster area. [35 ILCS 120/2-5(30)] Exemption certifications must be executed by the purchaser. The certificate must include the seller's name and address, the purchaser's name and address, the purchaser's registration number with the Department, if applicable, the purchaser's signature and the date of signing, a description of the items being purchased for donation, a statement that the property purchased will be donated for disaster relief to be used in a State or federally declared disaster area in Illinois or bordering Illinois to a corporation, society, association, foundation, or institution that has been issued a sales tax exemption identification number by the Department that assists victims of the disaster who reside within the declared disaster area, and that entity's sales tax




exemption identification number. The certificates shall be retained by the retailer and shall be made available to the Department for inspection or audit;

jj) beginning with taxable years ending on or after December 31, 1995 and ending

with taxable years ending on or before December 31, 2004, of personal property that is used in the performance of infrastructure repairs in this State, including but not limited to municipal roads and streets, access roads, bridges, sidewalks, waste disposal systems, water and sewer line extensions, water distribution and purification facilities, storm water drainage and retention facilities, and sewage treatment facilities, resulting from a State or federally declared disaster in Illinois or bordering Illinois when such repairs are initiated on facilities located in the declared disaster area within 6 months after the disaster. [35 ILCS 120/2-5(31)] Exemption certifications must be executed by the purchaser. The certificate must include the seller's name and address, the purchaser's name and address, the purchaser's registration number with the Department, if applicable, the purchaser's signature and date of signing, a description of the items being purchased, and a statement that the property purchased is for use in the performance of infrastructure repairs initiated on facilities located in the declared disaster area within six months after the disaster in this State resulting from a State or federally declared disaster area in Illinois or bordering Illinois. The certificates shall be retained by the retailer and shall be made available to the Department for inspection or audit;

kk) of a transaction in which the purchase order is received by a florist who is

located outside Illinois, but who has a florist located in Illinois deliver the property to the purchaser or the purchaser's donee in Illinois [35 ILCS 120/2-5(23)];

ll) until June 1, 2000, of horses, or interests in horses, registered with and meeting

the requirements of any of the Arabian Horse Club Registry of America, Appaloosa Horse Club, American Quarter Horse Association, United States Trotting Association, or Jockey Club, as appropriate, used for purposes of breeding or racing for prizes [35 ILCS 120/2-5(27)];

mm) effective January 1, 1996 through December 31, 2000, and on and after August 2,

2001, of computers and communications equipment utilized for any hospital purpose and equipment used in the diagnosis, analysis or treatment of hospital patients sold to a lessor who leases the equipment, under a lease of one year or longer executed or in effect at the time of the purchase, to a hospital that has been issued an active tax exemption identification number by the Department under




Section 1g of the Retailers' Occupation Tax Act [35 ILCS 120/2-5(28)] (see Section 130.2011 of this Part);

nn) effective January 1, 1996 through December 31, 2000, and on and after August 2,

2001, of personal property sold to a lessor who leases the property, under a lease of one year or longer executed or in effect at the time of the purchase, to a governmental body that has been issued an active tax exemption identification number by the Department under Section 1g of the Retailers' Occupation Tax Act [35 ILCS 120/2-5(29)] (see Section 130.2012 of this Part);

oo) of tangible personal property sold to a common carrier by rail or motor that

receives the physical possession of the property in Illinois and that transports the property, or shares with another common carrier in the transportation of the property, out of Illinois on a standard uniform bill of lading showing the seller of the property as the shipper or consignor of the property to a destination outside Illinois, for use outside Illinois [35 ILCS 120/2-5(17)];

pp) through June 30, 2003, of aggregate exploration, mining, offhighway hauling,

processing, maintenance, and reclamation equipment, including replacement parts and equipment, and including equipment purchased for lease, but excluding motor vehicles required to be registered under the Illinois Vehicle Code [35 ILCS 120/7];

qq) beginning July 20, 1999, game or game birds purchased at:

1) a game breeding and hunting preserve area licensed by the Department of

Natural Resources (see Section 3.27 of the Wildlife Code [520 ILCS 5/3.27]);

2) an exotic game hunting area licensed by the Department of Natural

Resources (see Section 3.34 of the Wildlife Code [520 ILCS 5/3.34]); or 3) a hunting enclosure approved through rules adopted by the Department of

Natural Resources; rr) beginning January 1, 2000, personal property, including food, purchased through

fundraising events for the benefit of a public or private elementary or secondary school, a group of those schools, or one or more school districts if the events are sponsored by an entity recognized by the school district that consists primarily of




volunteers and includes parents and teachers of the school children. This subsection (rr) does not apply to fundraising events: 1) for the benefit of private home instruction; or 2) for which the fundraising entity purchases the personal property sold at

the events from another individual or entity that sold the property for the purpose of resale by the fundraising entity and that profits from the sale to the fundraising entity [35 ILCS 120/2-5(34)];

ss) of machinery or equipment used in the operation of a high impact service facility

located within an enterprise zone established pursuant to the Illinois Enterprise Zone Act. "High impact service facility" means a facility used primarily for the sorting, handling and redistribution of mail, freight, cargo, or other parcels received from agents or employees of the handler or shipper for processing at a common location and redistribution to other employees or agents for delivery to an ultimate destination on an item-by-item basis, and which: 1) will make an investment in a business enterprise project of $100,000,000

or more; 2) will cause the creation of at least 750 to 1,000 jobs or more in an

enterprise zone established pursuant to the Illinois Enterprise Zone Act; and

3) is certified by the Department of Commerce and Economic Opportunity as

contractually obligated to meet the requirements specified in subsection (11)(1) and (2) within the time period as specified by the certification. The certificate of eligibility for exemption shall be presented by the business enterprise to its supplier when making the initial purchase of machinery and equipment for which an exemption is granted by Section 1j of the Act, together with a certification by the business enterprise that such machinery and equipment is exempt from taxation under Section 1j of the Act and by indicating the exempt status of each subsequent purchase on the face of the purchase order [35 ILCS 120/1i];

tt) of jet fuel and petroleum products sold to and used in the conduct of its business

of sorting, handling and redistribution of mail, freight, cargo or other parcels in the operation of a high impact service facility located within an enterprise zone established pursuant to the Illinois Enterprise Zone Act, provided that the




business enterprise has waived its right to a tax exemption of the charges imposed under Section 9-222.1 of the Public Utilities Act [35 ILCS 120/1j.1]. High impact service facilities qualifying under the Act and seeking the exemption under Section 1j.1 shall be ineligible for the exemptions of taxes imposed under Section 9-222.1 of the Public Utilities Act. High impact service facilities qualifying under the Act and seeking the exemption under Section 9-222.1 of the Public Utilities Act shall be ineligible for the exemptions of taxes as described in Section 1j.1 of the Act. [35 ILCS 120/1j.2] The certification of eligibility for exemption shall be presented by the business enterprise to its supplier when making the purchase of jet fuel and petroleum products for which an exemption is granted by Section 1j.1 of the Act, together with a certification by the business enterprise that such jet fuel and petroleum product is exempt from taxation under Section 1j.1 of the Act, and by indicating the exempt status of each subsequent purchase on the face of the purchase order [35 ILCS 120/1i];

uu) of a motor vehicle, as that term is defined in Section 1-146 of the Illinois Vehicle

Code, that is donated to a corporation, limited liability company, society, association, foundation, or institution that is determined by the Department to be organized and operated exclusively for educational purposes. For purposes of this exemption, "a corporation, limited liability company, society, association, foundation, or institution organized and operated exclusively for educational purposes" means all tax-supported public schools, private schools that offer systematic instruction in useful branches of learning by methods common to public schools and that compare favorably in their scope and intensity with the course of study presented in tax-supported schools, and vocational or technical schools or institutes organized and operated exclusively to provide a course of study of not less than 6 weeks duration and designed to prepare individuals to follow a trade or to pursue a manual, technical, mechanical, industrial, business, or commercial occupation. [35 ILCS 120/2-5(33)] Exemption certifications must be executed by the purchaser. The certificate must include: the seller's name and address; the purchaser's name and address; the purchaser's registration number with the Department, if applicable; the purchaser's signature and date of signing; a description of the motor vehicle that is being purchased for immediate donation to a corporation, limited liability company, society, association, foundation, or institution that is determined by the Department to be organized and operated exclusively for educational purposes (see Section 130.2005); the donee's sales tax exemption identification number; and a statement that the motor vehicle is being purchased for immediate donation to a corporation, limited liability company, society, association, foundation, or institution that is determined by the Department to be organized and operated exclusively for educational purposes.




The certificates shall be retained by the retailer and shall be made available to the Department for inspection or audit;

vv) of food for human consumption that is to be consumed off the premises where it is

sold (other than alcoholic beverages, soft drinks, and food that has been prepared for immediate consumption) and prescription and nonprescription medicines, drugs, medical appliances, and insulin, urine testing materials, syringes, and needles used by diabetics, for human use, when purchased for use by a person receiving medical assistance under Article 5 of the Illinois Public Aid Code who resides in a licensed long-term care facility, as defined in the Nursing Home Care Act [35 ILCS 120/2-5 (36)];

ww) beginning January 1, 2000 through December 31, 2001, of new or used automatic

vending machines that prepare and serve hot food and beverages, including coffee, soup, and other items, and replacement parts for these machines. Beginning January 1, 2002 and through June 30, 2003, of machines and parts for machines used in commercial, coin-operated amusement and vending business if a use or occupation tax is paid on the gross receipts from the use of the commercial, coin-operated amusement and vending machines. [35 ILCS 120/2-5(35)] (See Section 130.332 of this Part.)


SUBPART F: INTERSTATE COMMERCE

Section 130.605 Sales of Property Originating in Illinois

a) Where tangible personal property is located in this State at the time of its sale (or is subsequently produced in Illinois), and then delivered in Illinois to the purchaser, the seller is taxable if the sale is at retail. 1) The sale is not deemed to be in interstate commerce if the purchaser or his

representative receives the physical possession of the property in this State.

2) This is so notwithstanding the fact that the purchaser may, after receiving

physical possession of the property in this State, transport or send the property out of the State for use outside the State or for use in the conduct of interstate commerce.




3) The place at which the contract of sale or contract to sell is negotiated and executed and the place at which title to the property passes to the purchaser are immaterial. The place at which the purchaser resides is also immaterial. It likewise makes no difference that the purchaser is a carrier when that happens to be the case.

b)4) There are two exceptions to the rule that the sale is not deemed to be a sale in

interstate commerce if the purchaser or his representative receives physical possession of the property in Illinois.

1)A) Effective July 23, 1971, except as otherwise provided in subsection

(b)(1)(A), the tax is not imposed upon the sale of a motor vehicle in this State to a nonresident even though the motor vehicle is delivered to the nonresident in this State, if the motor vehicle is not to be titled in this State, and if a drive-away permit for purposes of transporting the motor vehicle to the other state is issued to the motor vehicle as provided in Section 3-603 of the Illinois Vehicle Code [625 ILCS 5/3-603] or if the nonresident purchaser has vehicle registration plates to transfer to the motorother vehicle upon returning to his or her home state. The issuance of the drive-away permit shall be prima facie evidence that the motor vehicle will not be titled in this State.

A) The exemption under subsection (b)(1) does not apply if the state

in which the motor vehicle will be titled does not allow a reciprocal exemption for a motor vehicle sold and delivered in that state to an Illinois resident but titled in Illinois. The tax collected under the Retailers' Occupation Tax Act on the sale of a motor vehicle in this State to a resident of another state that does not allow a reciprocal exemption shall be imposed at a rate equal to the state's rate of tax on taxable property in the state in which the purchaser is a resident, except that the tax shall not exceed the tax that would otherwise be imposed under the Retailers' Occupation Tax Act.

B) For purposes of this subsection (b)(1)(a)(4)(A), the term "motor

vehicle" does not include (list not exhaustive):

i) "watercraft" or "personal watercraft" as defined in the Boat Registration and Safety Act [625 ILCS 45] or any boat equipped with an inboard motor, regardless of whether the




watercraft, personal watercraft, or boat is sold individually or included with the sale of a trailer. If the watercraft, personal watercraft, or boat is included with the sale of a trailer, the trailer may be an exempt "motor vehicle" under subsection (b)(1), but the watercraft, personal watercraft, or boat is not an exempt motor vehicle and tax is still owed on it. If the two items are sold together for one non-itemized price, and the trailer is exempt under subsection (b)(1), only the gross receipts representing the selling price of the trailer are exempt. Please note that Section 130.540 requires separate transaction returns to be filed with the Department for each item of property sold by the retailer that is required to be titled or registered with an agency of Illinois government;

ii) "all-terrain vehicles" as defined in Section 1-101.8 of the

Illinois Vehicle Code; iii) "motorcycles", as defined in Section 1-147 of the Illinois

Vehicle Code, that are not eligible for vehicle registration because they are not properly manufactured or equipped for general highway use;

iv) "motor driven cycles", as defined in Section 1-145.001 of

the Illinois Vehicle Code, that are not eligible for vehicle registration because they are not properly manufactured or equipped for general highway use;

v) "off-highway motorcycles" as defined in Section 1-153.1 of

the Illinois Vehicle Code; or vi) "snowmobiles" as defined in Section 1-2.15 of the

Snowmobile Registration and Safety Act [625 ILCS 40/1-2.15].

C) For purposes of this subsection (b)(1)(a)(4)(A), the term "state" is

limited to a state, territory or possession of the United States, the District of Columbia, the Commonwealth of Puerto Rico or a province of the Dominion of Canada (see 625 ILCS 5/1-195).




2)B) The seller does not incur Retailers' Occupation Tax liability with respect to the proceeds from the sale of an item of tangible personal property to a common carrier by rail or motor that receives physical possession of property in Illinois and that transports the property, or shares with another common carrier in transporting the property, out of Illinois on a standard uniform bill of lading showing the seller of the property as the shipper or consignor of the property to a destination outside Illinois, for use outside Illinois. [35 ILCS 120/2-5(17)]

3)C) The exception for sales to common carriers by rail or motor, which is described inimmediately above at subsection (b)(2)(a)(4)(B), of this Section is also applicable to local occupation taxes administered by the Department.

c)b) The tax does not extend to gross receipts from sales in which the seller is

obligated, under the terms of his agreement with the purchaser, to make physical delivery of the goods from a point in this State to a point outside this State, not to be returned to a point within this State, provided that the delivery is actually made.

d)c) Nor does the tax apply to gross receipts from sales in which the seller, by carrier

(when the carrier is not also the purchaser) or by mail, under the terms of his agreement with the purchaser, delivers the goods from a point in this State to a point outside this State not to be returned to a point within this State. The fact that the purchaser actually arranges for the common carrier or pays the carrier that effects delivery does not destroy the exemption. However, it is critical that the seller is shown as the consignor or shipper on the bill of lading. If the purchaser is shown as either the consignor or the shipper, the exemption will not apply.

e)d) The place at which title to the property passes to the purchaser is immaterial. The

place at which the contract of sale or contract to sell is negotiated and executed and the place at which the purchaser resides are also immaterial. Sales of the type described in subsections (cb) and (dc) are deemed to be within the protection of the Commerce Clause of the Constitution of the United States.

f)e) To establish that the gross receipts from any given sale are exempt because the

tangible personal property is delivered by the seller from a point within this State to a point outside this State under the terms of an agreement with the purchaser, the seller will be required to retain in his records, to support deductions taken on his tax returns proof that satisfies the Department that there was an agreement and




a bona fide delivery outside this State of the property that is sold. The most acceptable proof of this fact will be: 1) If shipped by common carrier, a waybill or bill of lading requiring

delivery outside this State; 2) if sent by mail, an authorized receipt from the United States Post Office

Department for articles sent by registered mail, parcel post, ordinary mail or otherwise, showing the name of the addressee, the point outside Illinois to which the property is mailed and the date of the mailing; if the receipt does not comply with these requirements, other supporting evidence will be required;

3) if sent by seller's own transportation equipment, a trip sheet signed by the

person making delivery for the seller and showing the name, address and signature of the person to whom the goods were delivered outside this State; or, in lieu thereof, an affidavit signed by the purchaser or his representative, showing the name and address of the seller, the name and address of the purchaser and the time and place of the delivery outside Illinois by the seller; together with other supporting data as required by Section 130.810 of this Part and by Section 7 of the Act.

g)f) Retailers who ship property to freight forwarders who take possession of the

property in Illinois and ship the property to foreign countries, not to be returned to the United States, are making exempt sales in foreign commerce and do not incur Retailers' Occupation Tax liability on the gross receipts from those sales. However, there is no exemption for property delivered in Illinois to foreign vessels. If foreign vessels purchase items of tangible personal property from Illinois retailers and have those items delivered to the vessels in an Illinois port, the sale is made in Illinois, the purchaser takes possession of the items in Illinois, and therefore, the sale is taxable.



STATE EMPOYEES RETIREMENT SYSTEM OF ILLINOIS

NOTICE OF PROPOSED AMENDMENT

1) Heading of the Part: The Administration and Operation of the State Employees’ Retirement System of Illinois

2) Code Citation: 80 Ill. Adm. Code 1540 3) Section Number: Proposed Action:

1540.90 Amendment 4) Statutory Authority: 40 ILCS 5/14-129 5) A complete description of the subjects and issues involved: Section 1540.90 is being

amended to the "average weekly wage" terminology used in the Workers' Compensation Act. The "average weekly wage" can only be determined in one way, while "weekly rate" and other similar terms can be interpreted in different ways. The use of "average weekly wage" will provide consistency for our calculations.

6) Published studies or reports, and sources of underlying date, used to compose this

rulemaking: None 7) Will this rulemaking replace any emergency rulemaking currently in effect? No 8) Does this rulemaking contain an automatic repeal date? No 9) Does this rulemaking contain incorporations by reference? No 10) Are there any other proposed rulemakings pending on this Part? No 11) Statement of Statewide Policy Objectives: The rulemaking will not affect units of local

government. 12) Time, place and manner in which interested persons may comment on this proposed

rulemaking: Patrick Cummings Claims Division Manager 2101 South Veterans Parkway P.O. Box 19255 217/785-7260





A) Types of small businesses, small municipalities and not-for-profit corporations affected: None

B) Reporting, bookkeeping or other procedures required for compliance: None C) Types of professional skills necessary for compliance: None 14) Regulatory agenda on which this rulemaking was summarized: This rulemaking was not

included on either of the two most recent regulatory agendas because: SERS recently completed a review of our rules and found this item that needs clarification.

The full text of the Proposed Amendment begins on the next page:




TITLE 80: PUBLIC OFFICIALS AND EMPLOYEES SUBTITLE D: RETIREMENT SYSTEMS

CHAPTER I: STATE EMPLOYEES' RETIREMENT SYSTEM OF ILLINOIS

PART 1540 THE ADMINISTRATION AND OPERATION OF THE

STATE EMPLOYEES' RETIREMENT SYSTEM OF ILLINOIS Section 1540.5 Introduction 1540.10 Appointment of Retirement System Coordinator 1540.20 Member's Contribution and Service Credit 1540.30 Determination of Rate of Compensation 1540.40 Prior Service Credit 1540.50 Credit for Service for Which Contributions are Permitted 1540.60 Severance of Employment – A Condition to the Payment of a Refund or

Retirement Annuity 1540.70 Death Benefits 1540.80 Disability Claims 1540.90 Benefit Offset 1540.100 Birth Date Verification 1540.110 Marriage Verification 1540.120 Level Income Option 1540.130 Pension Credit for Unused Sick Leave 1540.140 Removal of Children from Care of Surviving Spouse 1540.150 Proof of Dependency 1540.160 Investigations of Benefit Recipients 1540.170 Interest on Member Contributions 1540.180 Date of Application – Retirement Annuity, Occupational and Nonoccupational

and Temporary Disability Benefits, and Resignation Refund Payments 1540.190 Lump Sum Salary Payments 1540.200 Removal from the Payroll 1540.210 Latest Date of Membership 1540.220 Period for Payment and Amount of Payment of Contributions 1540.230 Contributions by the State (Repealed) 1540.240 Actuarially Funded Basis (Repealed) 1540.250 Payments to Establish Credit for Service for Which Contributions are Permitted 1540.255 Pick-up Option for Optional Service Contributions 1540.260 Contributions and Service Credit During Nonwork Periods 1540.270 Written Appeals and Hearings




1540.280 Availability for Public Inspection (Recodified) 1540.290 Procedure for Submission, Consideration and Disposition of Petitions Seeking the

Promulgation, Amendment or Repeal of these Rules and Regulations (Recodified) 1540.300 Organization of the State Employees' Retirement System (Recodified) 1540.310 Amendments 1540.320 Optional Forms of Benefits – Basis of Computation 1540.330 Board Elections 1540.340 Excess Benefit Arrangement 1540.350 Qualified Illinois Domestic Relations Orders (QILDRO) 1540.TABLE A Optional Forms of Benefits – Basis of Computation AUTHORITY: Implementing and authorized by Article 14 of the Illinois Pension Code [40 ILCS 5/Art. 14]. SOURCE: Filed December 20, 1977, effective December 31, 1977; filed and effective February 28, 1978; emergency rule at 4 Ill. Reg. 2, page 246, effective January 1, 1980; amended at 4 Ill. Reg. 12, pages 530, 532, 534, effective March 11, 1980; emergency rule at 4 Ill. Reg. 46, page 1300, effective November 1, 1980; amended at 5 Ill. Reg. 3454, effective March 19, 1981; amended at 5 Ill. Reg. 7225, effective July 1, 1981; amended at 5 Ill. Reg. 12846, effective October 30, 1981; amended at 6 Ill. Reg. 2114, effective January 29, 1982; amended at 6 Ill. Reg. 5505, effective April 16, 1982; codified at 6 Ill. Reg. 10935; emergency amendment at 6 Ill. Reg. 11084, effective August 31, 1982, for a maximum of 150 days; amended at 7 Ill. Reg. 677, effective December 30, 1982; amended at 7 Ill. Reg. 8831, effective July 15, 1983; emergency amendment at 8 Ill. Reg. 359, effective January 1, 1984, for a maximum of 150 days; amended at 8 Ill. Reg. 4144, effective March 26, 1984; Sections 1540.280, 1540.290 and 1540.300 recodified to 2 Ill. Adm. Code 2375 at 8 Ill. Reg. 15902; amended at 9 Ill. Reg. 12375, effective July 30, 1985; emergency amendment at 9 Ill. Reg. 19752, effective December 5, 1985, for a maximum of 150 days; amended at 10 Ill. Reg. 8889, effective May 14, 1986; amended at 11 Ill. Reg. 11155, effective June 15, 1987; amended at 14 Ill. Reg. 10498, effective June 19, 1990; amended at 15 Ill. Reg. 7379, effective April 26, 1991; amended at 16 Ill. Reg. 14407, effective September 4, 1992; amended at 20 Ill. Reg. 8033, effective June 15, 1996; emergency amendment at 21 Ill. Reg. 476, effective January 1, 1997, for a maximum of 150 days; amended at 21 Ill. Reg. 4992, effective April 1, 1997; emergency amendment at 21 Ill. Reg. 13187, effective September 15, 1997, for a maximum of 150 days; amended at 22 Ill. Reg. 967, effective December 22, 1997; amended at 22 Ill. Reg. 15363, effective August 10, 1998; amended at 23 Ill. Reg. 3824, effective March 9, 1999; amended at 23 Ill. Reg. 11313, effective September 1, 1999; amended at 24 Ill. Reg. 6975, effective April 20, 2000; amended at 24 Ill. Reg. 18090, effective December 1, 2000; amended at 25 Ill. Reg. 5632, effective April 4, 2001; emergency amendment at 26 Ill. Reg. 11133, effective June 28, 2002, for a maximum of 150 days; amended at 26 Ill. Reg. 16575, effective October 24, 2002; emergency amendment at 28 Ill. Reg. 8775,




effective July 1, 2004, for a maximum of 150 days; amended at 28 Ill. Reg. 15628, effective November 18, 2004; amended at 29 Ill. Reg. 15554, effective October 1, 2005; amended at 30 Ill. Reg. 12303, effective July 1, 2006; amended at 30 Ill. Reg. ______, effective ____________. Section 1540.90 Benefit Offset

a) Occupational Disability and Occupational Death Benefits received under Workers' Compensation Act [820 ILCS 305] or Workers'

Occupational Diseases Act [820 ILCS 310] with respect to disability or death of a member shall be applied as an offset against any occupational disability or death benefit provided under the Retirement System with respect to the same disability or death. The Workers' Compensation average weekly wage rate will be converted to a monthly rate for use as an offset to the Retirement System monthly benefit. 1) If the amount of compensation received is less than the monthly benefit

provided under the Pension Code, only the amount of the excess of such monthly benefit over the amount of such compensation shall be payable by the Retirement System, subject, in the case of occupational death, to any minimum benefit provided by Section 14-103.18 and Section 14-121(h) of the Pension Code. If the amount of compensation received equals or exceeds the monthly benefit provided under the Pension Code, no benefit shall be payable by the Retirement System during the period compensation is paid under the Workers' Compensation Act or Workers' Occupational Diseases Act.

2) If the compensation for disability or death is received in a commuted lump

sum or partly in a commuted lump sum and partly in monthly or weekly sums, the Retirement System shall, for offset purposes, consider the compensation as if it had been paid using the average weekly wageat a weekly rate as prescribed under the Workers' Compensation Act or Workers' Occupational Diseases Act. Salary or wages paid beyond date of disability shall not be considered part of the Workers' Compensation offset.

3) In the event the whole or any part of the benefits received under the

Workers' Compensation Act or Workers' Occupational Diseases Act is commuted into one sum, the aggregate sum of the benefits so commuted and not the commuted value thereof shall be used for purposes of ascertaining the amount of offset.




4) No such offset or compensation shall be made after retirement of a member of a retirement annuity.

5) The amount considered for offset purposes shall be reduced by any legal

expenses granted in the award. 6) No offset shall be made with respect to amounts received or paid under the

Workers' Compensation Act or Workers' Occupational Diseases Act for medical, hospital, or burial expenses.

7) That portion of the occupational death benefit consisting of accumulated

contributions of a member shall not be subject to any offset mentioned in this section.

8) The termination of death benefits under the Workers' Compensation Act

or Workers' Occupational Diseases Act due to remarriage of the benefit recipient shall cause the offset to the Occupational Death Benefit applicable to the remarried benefit recipient to terminate effective with the last month of eligibility represented in the final benefit payment under the Workers' Compensation Act or Workers' Occupational Diseases Act.

9) In those cases where the injury or death, for which an occupational

disability or death benefit is payable, creates a legal liability for damages on the part of some person other than the employer to pay damages, the Workers' Compensation offset shall be applied as follows: A) Any amounts paid under the Workers' Compensation Act or

Workers' Occupational Diseases Act are subject to the offset provisions of Article 14 of the Pension Code [40 ILCS 5/Art. 14] and this Part, even though such amounts are recoverable under the subrogation Section 5(b) of the Workers' Compensation Act.

B) In the event that benefits due under the Workers' Compensation

Act or Workers' Occupational Diseases Act are commuted into one sum or waived in lieu of the member seeking recovery against a third party, the System shall use the amount of any judgment, settlement or payment for such injury by the third party as a credit against any benefits paid or payable by the System.

10) Any periodsperiod(s) of disability for which payment under the Workers'




Compensation Act is denied due to the failure of the individual to comply with that Act which result in a periodperiod(s) of noncompensability under the Workers' Compensation Act will not be considered for Occupational Disability until the entire Workers' Compensation case has been finalized through the Illinois Industrial Commission.

b) Nonoccupational Disability and Temporary Disability

1) The nonoccupational and temporary disability benefit payable to a covered

member shall be offset before age 65 by the amount of Social Security disability benefit payable prior to the member attaining age 65 and after age 65 by the amount of the Social Security retirement benefit for which the individual is first eligible on or after attaining age 65 less legal expenses paid by the member to obtain the award up to the maximum allowed by the Social Security Administration.

2) The Social Security retirement benefit offset will be applied as follows at

age 65: A) For a disability benefit recipient who received Social Security

disability benefits before age 65, the Social Security disability benefit payment applied as the offset prior to age 65 will remain in effect as the Social Security retirement benefit offset on or after age 65.

B) For a disability benefit recipient who did not receive Social

Security disability benefits before age 65, the Social Security disability benefit amount that would have been payable by the Social Security Administration had the disability benefit recipient been disabled for the purpose of Social Security will be used as the Social Security retirement benefit offset at age 65 regardless of acceptance of a Social Security retirement benefit before age 65.

C) When a Social Security disability benefit amount is not provided

by the Social Security Administration because the individual is not eligible for a disability benefit for a reason other than not being disabled, the Social Security retirement benefit determined at the date of disability for which the individual is eligible at age 65 will be used for offset purposes at age 65.




3) Disability benefits commencing after age 65 will be offset by Social Security retirement benefits for which the individual is eligible on the commencement of disability.

c) Widow'sWidows and Survivor'sSurvivors Annuities

1) When a monthly widow'swidows or survivor'ssurvivors annuity is

approved on account of a covered employee, the annuity shall be reduced by one-half of any Social Security survivor'ssurvivors benefits for which all beneficiaries included in the widow'swidows or survivor'ssurvivors annuity are eligible. The offset shall not reduce any survivor'ssurvivor or widow'swidows benefit by more than 50 percent.

2) The reduction will commence on the date the beneficiaries first become

eligible to receive any portion of the Social Security benefit, regardless of whether the beneficiaries elect to accept the Social Security benefit on that date, or if the beneficiaries' own earnings preclude payment of Social Security survivor'ssurvivors benefits.

3) If, at the time the offset is to be commenced: the survivor is eligible to

receive a monthly benefit amount based on his/her own Primary Insurance Amount such amount shall be deducted from the amount of survivor'ssurvivors benefit payable by Social Security and the offset computed on the difference; the survivor is eligible to receive a monthly benefit amount based on his/her own Primary Insurance Amount and a governmental pension offset would have been applied to the Social Security survivor'ssurvivors benefit, such amount shall be deducted from the amount of the survivor'ssurvivors benefit payable by Social Security and the offset computed on the difference.

4) The Social Security reduction amount once established shall remain

constant except for the following conditions: A) If a survivor under age 50 previously receiving the

survivor'ssurvivors benefit because of minor children becomes a deferred annuitant then the offset amount will be recomputed when he or she first becomes eligible for Social Security survivor'ssurvivors benefits. The offset amount will be based on the original widow's Social Security survivor'ssurvivors amount ignoring subsequent increases to the deceased's Primary Insurance




Amount. The recomputed offset amount shall be the balance of the Social Security survivor'ssurvivors benefit minus the governmental pension offset, if any.

B) The offset amount will be adjusted when a child is removed from

consideration for the System's annuity. C) The offset amount will be adjusted when any benefit

recipientsrecipient(s) become ineligible for Social Security benefits.

D) For deaths on or after the effective date of this Section change, if a

survivor under age 62 previously receiving the survivor'ssurvivor benefit becomes eligible to receive a monthly benefit amount based on a Primary Insurance Amount on his or her own record, then the offset will be recomputed when he or she(s)he first becomes eligible to receive his or her own Primary Insurance Amount. The offset amount will be based on the estimated widow's or widower'swidow(er)'s Social Security survivor'ssurvivors amount determined at the date of death of the member less the estimated monthly benefit amount based on the Primary Insurance Amount of the survivor determined at the date of death of member, and the government pension offset, if any, ignoring any subsequent increases to the deceased Primary Insurance Amount or the Survivor'sSurvivors Primary Insurance Amount. The monthly benefit amount based on the primary insurance amount of the survivor shall be determined from the Social Security Administrations' Personal Earnings and Benefit Estimate Statement, including any adjustment due to the application of the Windfall Elimination Provision.

d) Retirement Annuity Pursuant to Section 14-108(f) of the Pension Code, for members under age 65, the

primary insurance benefit payable to the member upon attainment of age 65 shall, at the date of acceptance of a retirement annuity, be determined from the Social Security Administrations' Personal Earnings and Benefit Estimate Statement, including any adjustments due to the application of the Windfall Elimination Provision. For members over age 65, the primary insurance benefit shall be the amount of Social Securitysocial security benefits payable at the date of retirement with the State Employees' Retirement System.


ILLINOIS ENVIRONMENTAL PROTECTION AGENCY

NOTICE OF ADOPTED AMENDMENTS

1) Heading of the Part: Procedures for Issuing Loans from the Water Pollution Control Loan Program

2) Code Citation: 35 Ill. Adm. Code 365

3) Section Numbers: Adopted Action: 365.110 Amended

365.120 Amended 365.130 Amended 365.140 Amended 365.210 Repealed

365.220 Amended 365.230 Amended 365.240 Amended 365.310 Amended 365.320 Amended 365.330 Amended 365.340 Amended 365.410 Amended 365.420 Amended 365.430 Amended 365.440 Amended 365.450 Amended 365.460 Amended 365.510 Repealed 365.520 Amended 365.530 Amended 365.540 Amended 365.550 Repealed 365.560 Amended 365.610 Amended 365.620 Amended 365.630 Amended 365.640 Amended 365.650 Amended 365.660 Amended 365.670 Amended 365.710 Amended 365.720 Amended 365.730 Amended




365.740 Amended 365.750 Amended 365.760 Repealed 365.810 Amended 365.820 Amended 365.830 Amended 365.910 Amended 365.920 Amended 365.930 Amended 365.940 Amended 365.950 Amended 365.1010 Amended 365.1020 Amended 365.1030 Amended 365.1110 Amended 365.1120 Amended 365.APPENDIX A EXHIBIT C Amended 365.APPENDIX A EXHIBIT D New

4) Statutory Authority: Implementing and authorized by Section 19.1 through 19.9 of the Illinois Environmental Protection Act. [415 ILCS 5/19.1-19.9]

5) Effective Date of Amendments: September 18, 2006

6) Does this rulemaking contain an automatic repeal date? No

7) Does this rulemaking contain incorporations by reference? Yes

8) A copy of the adopted amendments, including any material incorporated by reference, is on file in the agency's principal office and is available for public inspection.

9) Notice of Proposal Published in the Illinois Register: February 17, 2006; 30 Ill. Reg. 2002

10) Has JCAR issued a Statement of Objection to these amendments? No

11) Differences between proposal and final version: Grammatical, punctuation and stylistic changes were made as agreed upon with JCAR. Also, the Agency added an effective date of October 1, 2006 to Sections 365.340(c) and 365.920(b) for these rules.




12) Have all the changes agreed upon by the agency and JCAR been made as indicated in the agreements issued by JCAR? Yes

13) Will this rulemaking replace any emergency rulemaking currently in effect? No

14) Are there any amendments pending on this Part? No

15) Summary and Purpose of Amendments: Part 365 sets forth procedures to be used by the Agency to operate the Water Pollution Control Loan Program, including the issuance of loans for the construction of wastewater treatment works. The purpose of this rulemaking was to amend the Agency's current Water Pollution Control Loan Program rules by updating them and making them consistent with the current federal requirements and the Agency's rules for the Public Water Supply Loan Program. (See 35 Ill. Adm. Code 662). In 1994, some of the loan requirements contained in the Clean Water Act lapsed (See Section 602(b)(6) of the Clean Water Act), so those Title II requirements are now being deleted with these amendments since the Agency did not address those changes when it last amended these rules in 1996.

16) Information and questions regarding these adopted amendments shall be directed to:

Geoff Andres, IFAS Illinois Environmental Protection Agency 1021 North Grand Avenue East P.O. Box 19726 Springfield, Illinois 62794-9276

217/782-2027

The full text of the Adopted Amendments begins on the next page:




TITLE 35: ENVIRONMENTAL PROTECTION SUBTITLE C: WATER POLLUTION

CHAPTER II: ENVIRONMENTAL PROTECTION AGENCY

PART 365 PROCEDURES FOR ISSUING LOANS FROM THE WATER

POLLUTION CONTROL LOAN PROGRAMREVOLVING FUND

SUBPART A: INTRODUCTION

Section 365.110 Purpose 365.120 Administration 365.130 Definitions 365.140 Incorporations by Reference

SUBPART B: FEDERAL REQUIREMENTS FOR THE WATER POLLUTION CONTROL LOAN PROGRAMFUND

Section 365.210 Involvement of USEPA in the Operation of the Fund (Repealed) 365.220 Uses of the Water Pollution Control Loan ProgramFund 365.230 Agency Responsibilities under Title VI of the CWA 365.240 Requirements for Loan Recipients under Title VI of the CWA

SUBPART C: LIABILITIES AND REMEDIES FOR FAILURE TO COMPLY WITH LOAN PROCEDURES

Section 365.310 Noncompliance with Loan Procedures 365.320 Stop-Work Order 365.330 Termination 365.340 Waiver of Procedures

SUBPART D: PROCEDURES FOR ISSUANCE OF LOANS

Section 365.410 Project Priority Determination 365.420 Pre-Applications for Financial Assistance and Identification of Projects to be

Funded




365.430 Financial Assistance Application and Approval 365.440 Fixed Loan RateRates 365.450 Restrictions on Refinancing 365.460 Limitation on Design Cost

SUBPART E: PLANNING REQUIREMENTS FOR LOAN PROJECTS

Section 365.510 Sewer System Evaluation and Rehabilitation (Repealed) 365.520 Loan Applicant's Responsibilities During Facilities Planning 365.530 State Environmental Review 365.540 Limitations on Awards for Individual Systems 365.550 Value Engineering Requirements (Repealed) 365.560 Areawide Waste Treatment Management Planning

SUBPART F: REQUIREMENTS APPLICABLE TO SUBAGREEMENTS

Section 365.610 Loan Requirements for all Subagreements 365.620 Construction Contracts of Loan Recipient 365.630 Contracts for Personal and Professional Services 365.640 Compliance with Procurement Requirements for Construction Contracts 365.650 Disputes 365.660 Indemnity 365.670 Covenant Against Contingent Fees

SUBPART G: REQUIREMENTS APPLICABLE TO CONSTRUCTION INITIATION, CHANGES, COMPLETION AND OPERATION OF PROJECT

Section 365.710 Construction Initiation 365.720 Project Changes 365.730 Construction Engineering 365.740 Operation and Maintenance of the Project 365.750 Final Inspection 365.760 Project Performance Certification (Repealed) 365.770 Project Performance Certification (Renumbered) SUBPART H: REQUIREMENTS APPLICABLE TO ACCESS, AUDITING, AND RECORDS




Section 365.810 Access 365.820 Audit and Records 365.830 Single Audit Act

SUBPART I: FINANCIAL AND MANAGERIAL CAPABILITYREQUIREMENTS FOR SEWER USE ORDINANCE, USER CHARGES, FINANCIAL CAPABILITY, DEDICATED SOURCE OF REVENUE AND FLOODPLAIN INSURANCE

Section 365.910 Sewer Use Ordinance 365.920 User Charges 365.930 Financial Capability 365.940 Dedicated Source of Revenue 365.950 Floodplain Insurance

SUBPART J: REQUIREMENTS APPLICABLE TO LOAN DISBURSEMENTS DISBURSEMENT OF LOANS TO RECIPIENTS

Section 365.1010 Determination of Allowable Costs 365.1020 Use of Loan Funds and Payment of Unallowable Costs 365.1030 Disbursement of Loan Funds

SUBPART K: PROCEDURES FOR LOAN REPAYMENT AND DELINQUENT REPAYMENT

Section 365.1110 Loan Repayment to the Agency 365.1120 Delinquent Loan Repayments 365.APPENDIX A Executive Orders

365.EXHIBIT A Executive Order 11625 365.EXHIBIT B Executive Order 12138 365.EXHIBIT C Executive Order 12549 365.EXHIBIT D Executive Order 11246

AUTHORITY: Implementing and authorized by Sections 19.1 through 19.9 of the Environmental Protection Act [415 ILCS 5/19.1 through 19.9].




SOURCE: Adopted at 13 Ill. Reg. 7351, effective May 1, 1989; amended at 16 Ill. Reg. 15073, effective September 21, 1992; recodified at 19 Ill. Reg. 11450, effective August 11, 1995; amended at 20 Ill. Reg. 788, effective January 1, 1996; amended at 30 Ill. Reg. 15590, effective September 18, 2006.

SUBPART A: INTRODUCTION Section 365.110 Purpose

a) The Water Quality Act of 1987 (the 1987 Amendments) which amended the federal Water Pollution Control Act (33 USCU.S.C. 1251 et seq.) sets forth a schedule and mechanism for the transition from the federal level to the State and local level for responsibility of funding wastewater treatment facilities. Title VI of the 1987 Amendments creates a new authority that authorizes the United States Environmental Protection Agency (USEPA) to make grants to states to capitalize State water pollution control revolving funds. Title VI also establishes specific requirements for states for the development and operation of the State loan programs, some of which must be assumed by the local government unit as the recipient of a loan.

b) This Part 365 sets forth procedures to be used by the Illinois Environmental

Protection Agency to operate the Water Pollution Control Loan Program (WPCLP),Revolving Fund including the issuance of loans for the construction of wastewater treatment works as authorized by P.A. 85-1135, effective September 1, 1988 and amended by P.A. 90-121, effective July 17, 1997.

(Source: Amended at 30 Ill. Reg. 15590, effective September 18, 2006)

Section 365.120 Administration

a) The WPCLP, an interest-bearing special fund,Water Pollution Control Revolving Fund will be administered by the Illinois Environmental Protection Agency as an instrumentality of the State of Illinois in accordance with the Operating and Capitalizationcapitalization Grant Agreements agreement between the Illinois Environmental Protection Agency and the USEPAUnited States Environmental Protection Agency in accordance with State and federal laws.

b) Copies of forms that are required and sample language that can be used to satisfy

the requirements of a WPCLP loan application can be obtained from the Illinois Environmental Protection Agency, Infrastructure Financial Assistance Section,




1021 North Grand Avenue East, Post Office Box 19276, Springfield, Illinois 62794-9276.


Section 365.130 Definitions

a) Unless specified otherwise, all terms shall have the meanings set forth in the Environmental Protection Act (Act) [415 ILCS 5] and the regulations adopted under that Actthereunder (35 Ill. Adm. Code: Subtitle C) and the Clean Water Act (CWA), as amended (33 USCU.S.C. 1251 et seq.).

b) For the purposes of this Part 365, the following definitions apply:

Addenda – Documents issued by the loan applicant after advertisement for bids, which modify or interpret the contract documents, drawings, and specifications, by additions, deletions, clarifications or corrections.

Agency – Illinois Environmental Protection Agency.

Alternative Technology – Proven wastewater treatment processes and techniques which provide for the reclaiming and reuse of water, productively recycle wastewater constituents or otherwise eliminate the discharge of pollutants, or recover energy. Specifically, alternative technology includes land application of effluent and sludge; aquifer recharge; aquaculture; direct reuse (non-potable); horticulture; revegatation of disturbed land; containment ponds; sludge composting and drying prior to land application; self-sustaining incineration; methane recovery; individual and on-site systems; and small diameter pressure and vacuum sewers and small diameter gravity sewers carrying partially or fully treated wastewater.

Best Practicable Waste Treatment Technology (BPWTT) – The cost effective technology that is able to treat wastewater, combined sewer overflows and nonexcessive, infiltration and inflow in publicly owned or individual wastewater treatment works.

Binding Commitment – A legal obligation between the Agency and a local government unit to provide financial assistance from the WPCLPFund to that local government unit, specifying the terms and schedules under




which assistance is provided. The loan agreement will be considered a binding commitment.

Building Cost – TheRefers to the cost of erection of construction contract line items. Building"Building" costs do not include preliminary planning, engineering, architectural, legal, fiscal, administrative or contingency costs.

Capitalization Grant – The actual federal funds received by the Agency for deposit into the WPCLPFund as a result of the capitalization grant agreement with the USEPA.

Capitalization Grant Agreement – The agreement entered into each federal fiscal year between the Agency and the USEPA for the purpose of providing a grant to capitalize the WPCLPFund and enable the Agency to provide assistance for construction of wastewater treatment works.

Change Order – A written order by the loan recipient to the contractor authorizing an addition, deletion or revision in the work within the general scope of the contract documents, or authorizing an adjustment in the contract price or contract time.

Compliance ProjectProjects – A project which consists of construction, expansion, or upgrading of a wastewater treatment works necessary to meet State and federal requirements as specified in 35 Ill. Adm. Code: Subtitle C, and the CWA respectively.

Construction – Any one or more of the following which is undertaken for a public purpose: preliminary planning to determine the feasibility of the wastewater treatment works, engineering, architectural, legal, fiscal or economic investigations, or studies, surveys, designs, plans, working drawings, specifications, procedures or other necessary actions, erection, building, acquisition, alteration, remodeling, improvement or extension of wastewater treatment works, or the inspection or supervision of any of the foregoing items.

Contract Documents – The contract, including but not limited to advertisement for bids, information for bidders, bid, bid bond, agreement, payment bond, performance bond, notice of award, notice to proceed, change order, drawings, specifications, and addenda.




Cost-Effectiveness Analysis – An analysis of the feasible conventional, innovative and alternative wastewater treatment works, processes and techniques capable of meeting the applicable effluent, water quality and public health requirements over the design life of the facility while recognizing environmental and other non-monetary considerations.

CWA – The Clean Water Act, as amended (33 USCU.S.C. 1251 et seq.).

Dedicated Source of Revenue – The type of security and the basis of legal authorization which are dedicated by legislative enactment or other appropriate authority along with the applicable revenue source pledged for repayment and recorded indeposited into an account forrestricted to the purpose of loan repayment to the WPCLPfund, which is sufficient to repay the principal and interest on the loan.

Design – All administrative, legal, and engineering tasks, subsequent to facilities plan approval but prior to advertisement for bid proposal, associated with receiving approval of a loan application. This shall include the following: surveys, designs, plans, working drawings, specifications, soil investigations and any other tests or process determinations required to establish design criteria, and development of user charge systems and sewer use ordinances.

Director – Director of the Illinois Environmental Protection Agency.

Excessive Infiltration/Inflow – The amount of infiltration/inflow that is cost-effective to remove by sewer rehabilitation measures as opposed to transporting and treating those flows over a given period of time, usually 20 years.

Fixed Loan Rate – One-half the market interest rate but not less than 2.50%.Market Interest Rate rounded to the nearest one hundredth of one percent. In the case of compliance projects, the rate is 2.50 percent.

Fund – The Water Pollution Control Revolving Fund as authorized by [415 ILCS 5/19.3], consisting of the Water Pollution Control Loan Program, the Public Water Supply Loan Program, and the Loan Support Program.P.A. 85-1135, effective September 1, 1988.




Infiltration – Water other than wastewater that enters a sewer system (including sewer service connections and foundation drains) from the ground through such means as defective pipes, pipe joints, connection, or manholes.

Inflow – Water other than wastewater that enters a sewer system (including sewer service connections) from sources such as, but not limited to, roof leaders, cellar drains, yard drains, area drains, drains from springs and swampy areas, manhole covers, cross connections between storm sewers and sanitary sewers, catch basins, cooling towers, storm waters, surface runoff, street wash water, or drainage.

Initiation of Loan Repayment Period – The date in a loan agreement or amendment that establishesestablished the beginning point of the loan repayment period.

Initiation of Operation – The datedata specified by the loan agreement on which use of the project began operation for the purposes that it was planned, designed, and constructed.

Innovative – Those wastewater treatment processes and techniques that are developed methods which have not been fully proven under the circumstances of their contemplated use and which represent a significant advancement over the state of the art in terms of meeting the national goals of cost reduction, increased energy conservation or recovery, greater recycling and conservation of water resources, reclamation or reuse of effluents and resources, improved efficiency and/or reliability, the beneficial use of sludges or effluent constituents, better management of toxic materials or increased environmental benefits.

Intended Use Plan – A plan which includes a description of the short and long term goals and objectives of the Fund, project categories, discharge requirements, terms of financial assistance and the communities to be served.

Interest Rate – Not less than one-fourth of the market interest Market Interest Rate rounded to the nearest .01%one hundredth of one percent.

Loan Agreement – The contractual agreement between the Agency and the local government unit thatwhich containsstates the terms and conditions




governing the loan issued from the WPCLPFund.

Loan Applicant – The local government unit thatwhich has applied for a loan from the WPCLPFund for construction of a wastewater treatment works.

Loan Commitment Letter – The letter that is sent by the Agency to the loan applicant which reserves loan funds and identifies the requirements that must be satisfied prior to the execution of the loan agreement.

Loan Procedures – The procedures for issuing loans from the WPCLP as set out in this Part 365.The Procedures For Issuing Loans From The Fund (this Part).

Loan Recipient – AThe local government unit thatwhich has been provided a loan for construction of a wastewater treatment works from the WPCLP and that will own and be responsible for the operation and maintenance of the wastewater facilitiesFund.

Loan Support Rate – Not more than one-fourth of the market interest rateMarket Interest Rate rounded to the nearest .01%one hundredth of one percent.

Local Government Unit − A county, municipality, township, municipal or county sewerage or utility authority, sanitary district, public water district, improvement authority or any other political subdivision whose primary purpose is to construct, operate and maintain wastewater treatment facilities or public water supply facilities or both [415 ILCS 5/19.2(g)].Local Government UNIT – A county, municipality, township, municipal or county sewerage or utility authority, sanitary district, improvement authority or any other political subdivision whose primary purpose is to construct, operate and maintain wastewater treatment works.

Market Interest Rate – The mean interest rate of the 20 General Obligation Bond Buyer Index, as published weekly by the Bond Buyer newspaper, from July 1 to June 30 of the preceding State fiscal year rounded to the nearest .01%one hundredth of a percent. In the case of a compliance project with a 2.50 percent fixed loan rate, the Market Interest Rate is 5.00 percent.




Operating Agreement – The agreement between the Agency and the USEPA that establishes the policies, procedures and activities for the application and receipt of federal capitalization grant funds for capitalization of the WPCLPFund.

Principal – All disbursements, including interest and loan support accrued on the disbursements, that will behave not been financed at the time the repayment schedule period begins.

Project – The activities or tasks the Agency identifies in the loan agreement for which the loan recipient may expend loan funds.

Project Priority List – An ordered listing of projects developed in accordance with the priority system, as described in 35 Ill. Adm. Code 366 (Procedures and Requirements for Determining Loan Priorities for Municipal Wastewater Treatment Works) that Section 365.401 (Project Priority Determination) which the Agency has determined are eligible to receive financial assistance from the WPCLPFund.

Responsible Bid – A bidBid that demonstrates the apparent ability of the bidder to successfully meet all the requirements specified in the contract documents. Information required to demonstrate responsibility may be corrected or submitted after bid opening.

Responsive Bid – A bidBid that complies with all meaningful or material aspects of the contract documents. The bid must constitute a definite and unqualified offer to meet the material requirements of the contract documents including any terms that affect price, quality, quantity or time of delivery, or are clearly identified in the contract documents to be complied with at the risk of bid rejection for non-responsiveness. Bid defects resulting in a non-responsive bid may not be corrected after the bid opening.

Subagreement – A written agreement between the loan recipient and another party and any tier of agreement thereunder to furnish services, supplies, or equipment necessary to complete the project for which a loan iswas provided, including construction contracts, contracts for personal and professional services and purchase orders.

Title II – TItle II of the federal Clean Water Act (33 U.S.C. 1251 et seq.).




Title III – Title III of the federal Clean Water Act (33 U.S.C. 1251 et seq.).

Title IV – Title IV of the federal Clean Water Act (33 U.S.C. 1251 et seq.).

Title VI – Title VI of the federal Clean Water Act (33 USCU.S.C. 1251 et seq.).

Treatment Works − Any devices and systems owned by a local government unit and used in the storage, treatment, recycling, and reclamation of sewerage or industrial wastes of a liquid nature, including intercepting sewers, outfall sewers, sewage collection systems, pumping power and other equipment, and appurtenances; extensions, improvements, remodeling, additions, and alterations thereof; elements essential to provide a reliable recycled supply, such as standby treatment units and clear well facilities; and any works, including site acquisition of the land that will be an integral part of the treatment process for wastewater facilities. [415 ILCS 5/19.2(f)].Treatment Works – Any devices and systems owned by a local government unit and used in the storage, treatment, recycling, and reclamation of sewerage or industrial wastes of a liquid nature, including intercepting sewers, outfall sewers, sewage collection systems, pumping power and other equipment, and their appurtenances; extensions, improvements, remodeling, additions, and alterations thereof; elements essential to provide a reliable recycled supply, such as standby treatment units and clear well facilities; and any works, including site acquisition of the land that will be an integral part of the treatment process.

Useful Life – The estimated period during which a wastewater treatment works is intended to be operable.

USEPA – The United States Environmental Protection Agency.

User Charge – A charge levied on the users of a treatment works to produce adequate revenues for the operation, maintenance and replacement of the treatment works.

WPCLP − The Water Pollution Control Loan Program as authorized by Section 19.2 of the Environmental Protection Act [415 ILCS 5/19.2].





Section 365.140 Incorporations by Reference

a) The following publications are incorporated by reference: 1) American Institute of Certified Public Accountants Professional Standards

(1996), (666 Fifth Avenue, New York, New York 10019; June 1, 1987). 2) Operation of Wastewater Treatment Plants, (1980), 2nd edition (three

volumes) (California State University, Sacramento). 3) Operation and Maintenance of Wastewater Collection Systems, (1983), 1st

edition (California State University, Sacramento). b) The following federal statutes are incorporated by reference:

1) Clean Water Act, as amended (33 U.S.C. 1251 et seq.) 2) Relocation and Real Property Acquisition Policies Act of 1970 (P.L. 91-

646) 3) National Flood Insurance Act of 1968 (42 U.S.C. 4001-4127) 4) Civil Rights Act of 1964 (42 U.S.C. 1971, 1975a-1975d, 2000a et seq.) 5) Davis-Bacon Act (40 U.S.C. 276a through 276a-5) 6) Single Audit Act of 1984 (31 U.S.C. 7501 et seq.)

bc) This Part 365 incorporates no later amendments or editionsfuture editions or

amendments. (Source: Amended at 30 Ill. Reg. 15590, effective September 18, 2006)

SUBPART B: FEDERAL REQUIREMENTS FOR THE

WATER POLLUTION CONTROL LOAN PROGRAMFUND Section 365.210 Involvement of USEPA in the Operation of the Fund (Repealed)




a) Prior to the receipt of a capitalization grant from the USEPA, the Agency will

fulfill all applicable requirements of the CWA. These requirements are further defined in Section 365.203 (Agency Responsibilities under Title VI of the CWA).

b) USEPA's involvement in the operation of the Fund will be defined in the

operating agreement. (Source: Repealed at 30 Ill. Reg. 15590, effective September 18, 2006)

Section 365.220 Uses of the Water Pollution Control Loan ProgramFund The Water Pollution Control Loan Program shall be used and administered by the Agency to provide assistance for the following purposes:

a) To accept and retain funds from grant awards, appropriations, transfers and payments of interest and principal;

b) To make direct loans at or below market interest rates to any eligible local

government unit to finance the construction of wastewater treatment works; c) To make direct loans at or below market interest rates to any eligible local

government unit to buy or refinance debt obligations for treatment works incurred after March 7, 1985;

d) To make direct loans at or below market interest rates for the implementation of a

management program established under Section 319 of the Federal Water Pollution Control Act, as amended;

e) To guarantee or purchase insurance for local obligations where such action

would improve credit market access or reduce interest rates; f) As a source of revenue or security for the payment of principal and interest on

revenue or general obligation bonds issued by the State or any political subdivision or instrumentality thereof, if the proceeds of such bonds will be deposited in the Fund;

g) To finance the reasonable costs incurred by the Agency in the administration of

the Fund; and




h) To transfer funds to the Public Water Supply Loan Program. [415 ILCS 5/19.3(b)]

a) To accept and retain funds from grant awards, appropriations and payments of

interest and principal; b) To make direct loans at or below market interest rates to any eligible local

government unit to finance the construction of wastewater treatment works; c) To make direct loans at or below market interest rates to any eligible local

government unit to buy or refinance debt obligations for treatment works incurred after March 7, 1985;

d) To guarantee or purchase insurance for local obligations where such action would

improve credit market access or reduce interest rates; e) As a source of revenue or security for the payment of principal and interest on

revenue or general obligation bonds issued by the State, if the proceeds of such bonds will be deposited in the Fund; and

f) To finance the reasonable costs incurred by the Agency in the administration of

the Fund. (Sections 19.1 through 19.8 of the Act (Source: Amended at 30 Ill. Reg. 15590, effective September 18, 2006) Section 365.230 Agency Responsibilities under Title VI of the CWA

a) The WPCLP shallFund must be established in accordance with the requirements of Title VI prior to the receipt of the capitalization grant for deposit into the WPCLPFund.

b) The Agency will prepare an Intended Use Plan and negotiate an Operating

Agreement with the USEPA which will be the basis for the Capitalization Grant Agreement. These documents establish the procedures, activities, and assurances for operation of the WPCLPFund including, but not limited to, the following: 1) Grant payments will be accepted in accordance with a payment schedule

established jointly by the Agency and the USEPA under 601(b) of the CWA and will be deposited into the Fund as drawdowns to the federal letter of credit are approved;




2) A 20% percent State match will be deposited into the WPCLPFund

according to an agreed upon schedule; 3) A listing and description of projects on the Project Priority List to be

provided financial assistance, their discharge requirements under Title III and IV of the CWA, and the terms of the financial assistance;

4) Binding commitments for 120 percent of each quarterly federal grant

payment must be made by the Agency within one year after the receipt of each payment;

5) Funds as a result of the Capitalization Grants must first be used to assure

maintenance of progress toward compliance with the enforceable deadlines, goals and requirements of the CWA;

6) Wastewater treatment works constructed with funds made directly

available from the Capitalization Grant must meet the appropriate Title II requirements;

67) Loan award and disbursement procedures to document the loan

recipient'sapplicant's compliance with Title VI requirements; 78) The loanLoan repayment period cannot exceed 20 years beyond the earlier

of the initiation of operation date or the initiation of the loan repayment period;

89) All repayments of loan principal and interest shallmust be deposited into

the WPCLPFund; 910) Annual reporting to the USEPA on the Agency's progress toward meeting

its goals and objectives; and 1011) An annualAnnual audit of the WPCLPFund in accordance with the

auditing procedures of the General Accounting Office (75 USC 31)(U.S.C. Chapter 75, Title 31).


Section 365.240 Requirements for Loan Recipients under Title VI of the CWA




a) Only local government units will be eligible for loans forto construct wastewater

treatment works projects. b) Loan projects must be on the Project Priority List. c) Loan projects must meet the following requirements in the same manner as

wastewater treatment works constructed with grant funds received under Title II of the CWA: 1) Section 201(b) of the CWA (Best Practicable Waste Treatment

Technology) 2) Section 201(g)(1) of the CWA (Eligible Project Categories) 3) Section 201(g)(2) of the CWA (Alternative Technology) 4) Section 201(g)(3) of the CWA (Excessive Infiltration/Inflow) 5) Section 201(g)(5) of the CWA (Innovative/Alternative Technology) 6) Section 201(g)(6) of the CWA (Recreational Use and Open Space

Opportunities) 7) Section 201(n)(1) of the CWA (Combined Sewer Overflow Projects) 8) Section 201(o) of the CWA (Capital Financing Plans) 9) Section 204(a)(1)and (2) of the CWA (Water Quality Management Plans) 10) Section 204(b)(1) of the CWA (User Charge Systems and Legal

Institutional, Managerial and Financial Capabilities) 11) Section 204(d)(2) of the CWA (One Year Project Performance) 12) Section 211 of the CWA (Collection System Restrictions) 13) Section 218 of the CWA (Cost-Effective and Value Engineering

Requirements)




14) Section 511(c)(1) of the CWA (National Environmental Policy Act) 15) Section 513 of the CWA (Davis-Bacon Labor Wage Provisions)

cd) Loan projects must be consistent with any plans developed under Sections 205(j),

208, 303(e), and 319 of the CWA. de) A dedicated source of revenue, sufficient to pay principal and interest when due,

must be enacted and pledged by the loan recipient for repayment of the loan. ef) Loan projects must meet federal minority and women owned business

requirements in accordance with Executive Orders 11625 and 12138 (reference Appendix A, Exhibits A and B of this Part).

fg) Loan projects must meet the applicable requirements of any other federal laws

and authorities. gh) Loans will be made at or below market interest rates. hi) Loan accounts related to the project construction and the dedicated source of

revenue will be maintained by the loan recipient consistent with generally accepted accounting standards in accordance with the American Institute of Certified Public Accountants Professional Standards (666 Fifth Avenue, New York, New York 10019; June 1, 1987).

ij) Loans will be fully amortized not later than 20 years after the earlier of the

initiation of operation date or the initiation of the loan repayment period. (Source: Amended at 30 Ill. Reg. 15590, effective September 18, 2006)

SUBPART C: LIABILITIES AND REMEDIES FOR FAILURE TO

COMPLY WITH LOAN PROCEDURES Section 365.310 Noncompliance with Loan Procedures

a) In the event of noncompliance with any condition or obligation arising out of the loan,imposed pursuant to the loan up until the final audit, the Director may take any necessary action as provided by law or by the loan agreement against the loan recipient including, but not limited to, one or more of the following actions:




1) Commence legal action in a court of competent jurisdiction; 2) Declare all amounts under the loan immediately due and payable, enforce

any security, and recover all loan funds; 3) Terminate the loan pursuant to Section 365.330 (Termination) of this

Subpart; 4) Suspend all or part of the project work pursuant to Section 365.320 (Stop-

Work Order) of this Subpart; or 5) Reduce the amount of the loan by the amount of misused funds; or.

6) Unilaterally adjust the fixed loan rate of the loan agreement to the current

market interest rate. b) No action shall be taken under this Section without notice toprior consultation

with the loan recipient. c) In determining whether to take action, and which action to take the Agency shall,

at a minimum, consider mitigating or aggravating factors, including but not limited to, the severity and number of the violationsviolation(s); the number of violations by the loan recipient; whether the violation is a continuing one; whether the loan recipient can remedy the violation; and whether the loan recipient remains capable of complying with the approved project work.


Section 365.320 Stop-Work Order

a) In the event of any violation of this Part 365 or non-compliance with the terms of the loan agreement, theThe Agency may, for any violation of this Part, by written order, to the loan recipient require the loan recipient to stop all or any part of the project work for a period of not more than 30 days after the date of the order, and for any further period to which the parties may agree. Any such order shall include a list of the project activities to which it applies.the order shall apply. Upon receipt of a stop-worksuch an order, the loan recipient shall immediatelyforthwith comply with its terms and shall minimize the incurrence of costs allocable to the work covered by the order during the period of work stoppage. Within a period of not more than 30 days afterof the date of the stop-




work order, or within the period of any extension of that period to which the parties shall have agreed, the Agency shall: 1) Cancel the stop-work order upon resolution of the violation or cause

leading to that stop-work order; or 2) Terminate the work covered by the stop-work order,such as provided in

Section 365.330(a) of this Subpart. b) If a stop-work order issued under this condition is cancelled or the period of the

order or any extension thereof expires, the loan recipient shall resume work. An adjustment may be made in the loan period, the project period, the loan amount, or any combination of these, andwith the loan being amended accordingly, if the loan recipient asserts a written claim for such an adjustment within 30 days after the end of the period of work stoppage.

c) AllNo costs thatwhich are incurred by the loan recipient after the receipt of a stop-

work order, or duringwithin any extension of the stop-work order period to which the Agency and the loan recipient shall have agreed, shall be deemed unallowableallowable costs hereunder unless otherwise authorized by the Agency in writing or as otherwise authorized under the loan procedures.


Section 365.330 Termination

a) Loan Termination by the Agency The Agency, by written notice toand after consultation with the loan recipient,

may terminate the loan, in whole or in part. Cause for termination shall include, but not be limited to, failure by the loan recipient to comply with the terms and conditions of the loan to provide adequating funding. Upon loansuch termination, the loan recipient shall refund any unexpended loan funds to the State of Illinois to be deposited in the WPCLPFund, except for such portion thereof as may be required to pay the allowable cost of by the loan recipient to make payment for materials and equipment furnished or services rendered under an enforceable contract prior to the effective date of the termination and further provided that such costs are otherwise allowable under the conditions of the loan.

b) Project Termination by the Loan Recipient AIf the loan recipient who wishesdesires to terminate a project for which the loan




has been provided, it must submit a written request to the Agency that documentsdocument good cause for the proposed terminationand submit its request to the Agency. If the Agency agreesconcurs that there is good cause for the termination of all or any portion of thea project for which the loan has been provided, it shall enter into a termination agreement with the loan recipient or unilaterally terminate the loan. If the Agency finds that the loan recipient has terminated the project without good cause, itthe loan shall declare the loanbe declared in default, and all loan funds previously paid to the loan recipient, together with interest on the loanthereon, shall be returned to the State of Illinois in accordance with a schedule established by the Agency for deposit into the WPCLPFund in accordance with a schedule established by the Agency. Good cause to terminate a loan project includeswould include, but is not be limited to: 1) Changes in economic circumstances within the loan recipient's service

area; and 2) Information that the approved treatment technology will not perform as

originally anticipated.

(Source: Amended at 30 Ill. Reg. 15590, effective September 18, 2006) Section 365.340 Waiver of Procedures

a) Except as providedstated in subsection (b) below or otherwise required by law, the Director may waive any of the loan procedures, either in whole or in part, with respect to any loan, by a written statement made in writing to the loan recipientapplicant, either as a special condition of the loan or offer otherwise, provided the Director finds that the procedure or requirement to be waived is notpurpose of the requirement waived is not considered by the Director to be necessary to insure the integrity of the project, will not reduce a recipient'san applicant's ability to repay the loan to the Agency or will not, in general, weaken the financial position of the WPCLPFund. The waiver may be subject to such additional conditions as the Director deemsmay deem necessary.

b) The following proceduresprocedure(s) will not be waived:

1) Section 365.410 (Project Priority Determination) of this Part 2) Section 365.440 (Fixed Loan Rate) of this Part(Interest Rates)




3) Section 365.510 (Sewer System Evaluation and Rehabilitation) 34) Section 365.520 (Loan Applicant's Responsibilities During Facilities

Planning) of this Part 45) Section 365.530 (State Environmental Review) of this Part 56) Section 365.540 (Limitations on Awards for Individual Systems) of this

Part 7) Section 365.550 (Value Engineering Requirements) 68) Section 365.560 (Areawide Waste Treatment Management Planning) of

this Part 79) Section 365.620(d)(3) (Wage Provisions) of this Part

810) Section 365.620(d)(4) (MBE/WBE Requirements) of this Part 9) Section 365.620(d)(5) (Debarment or Suspension Certification) of this

Part

1011) Section 365.630(a)(1) (MBE/WBE Requirements) of this Part

1112) Section 365.630(a)(4) (Debarment or SuspensionDebarred or Suspended Certification) of this Part

1213) Section 365.750 (Operation and Maintenance of the Project) of this Part

14) Section 365.770 (Project Performance Certification)

1315) Section 365.910 (Sewer Use Ordinance) of this Part

1416) Section 365.920 (User Charges) of this Part

1517) Section 365.940 (Dedicated Source of Revenue) of this Part

c) Notwithstanding subsection (b)(14), Section 365.920(b)(1) of this Part can be waived for loans issued between October 1, 1994 and October 1, 2006.





SUBPART D: PROCEDURES FOR ISSUANCE OF LOANS Section 365.410 Project Priority Determination

a) Financial assistance from the WPCLP willmay be provided from the Fund, only to local government units forthat have projects which are on the Project Priority List developed by the Agency pursuant to 35 Ill. Adm. Code 366.

b) The Project Priority List sets outforth the priority for receipt of loans for each loan

applicant. Priorities will beare established in accordance with Agency rules 35 Ill. Adm. Code 366 (Procedures and Requirements for Determining Loan Priorities for Municipal Wastewater Treatment Works) after the receipt by the Agencycompletion and submittal of a loan pre-applicationspre-application by the loan applicant pursuant to Section 365.420 (Pre-Applications for Financial Assistance and Identification of Projects to be Funded) of this Subpart.

c) Projects on the Project Priority List will be included on the list of projects in the

Intended Use Plan will be selected from projects on the Project Priority List in priority order, provided the project has an approved facilities plan and is scheduled to initiate construction by March 31 of the subsequent federal fiscal year.

d) Cash Flow Demand Funding

1) The available funds for a project may be decreased by the Agency to reflect the amount of funds needed to meet cash flow demands for that project during the current funding cycle provided:

A) The project has been classified as service continuation or service

expansion in accordance with 35 Ill. Adm. Code 366;

B) The primary purpose of the project is for wastewater treatment facilities;

C) The construction schedule exceeds one year; and

D) The project is on the current fiscal year's Intended Use Plan for at

least 50% of the project cost.




2) Any project that receives an adjustment to meet cash flow demands will

have first opportunity for full funding in the subsequent fiscal year or years at the same interest rate.


Section 365.420 Pre-Applications for Financial Assistance and Identification of Projects to be Funded

a) Every loan applicant shall submit to the Agency a signed and dated pre-application that includes at a minimum the following items:The pre-application will be submitted by the loan applicant to the Agency in order to determine the relative priority of the project on the Project Priority List and shall include: 1) Legal name of applicant;

2) Address;

3) Authorized representative – name and title;

4) Project classification (35 Ill. Adm. Code 366);

5) Project description;

6) Discharge location point;

7) Cost estimate; and

8) Project schedule. 1) A description of the proposed project; 2) An estimated project cost; 3) A proposed schedule for construction; 4) Project classification (35 Ill. Adm. Code 366); 5) Discharge location point; and




6) Population tributary to the project.

b) Loan applicants seekingfor financial assistance, during any federal fiscal year

commencing October 1, must file a new pre-application annually byon or before the preceding March 31 to qualify for possible inclusion in the Intended Use Plan.

c) A project with approved facility planning may be added to the Project Priority

List at any time by the submission of a pre-application. d) TheBy July 1 of each year, the Agency shall publish a list of the projects which

are proposed for funding during the next federal fiscal year commencing October 1. These projects will be included in the Intended Use Plan.

e) After January 1 of each year, the Agency may bypass projects on the Intended

Use Plan that cannot meet the schedule to initiate construction by March 31 of that year. The Agency will evaluate projects in priority order and may offer loan commitments to other projects on the Project Priority List in accordance with Section 365.430 (Financial Assistance Application and Approval) of this Subpart.substitute other projects listed on the Project Priority List for funding in lieu of the projects in the Intended Use Plan identified in (d) above, if the latter does not meet the schedule contained in the pre-application.


Section 365.430 Financial Assistance Application and Approval

a) In order to issue a loan commitment letter that reserves loan funds to a loan applicant for a maximum period of 90 days, the Agency must have received the following documents:The following is required prior to the issuance of a loan commitment letter: 1) A completedCompleted loan application form for financial assistance

providing, at a minimum, the following items:;

A) Legal name of applicant;

B) Address;

C) Authorized representative − name and title;




D) Cost estimate;

E) Amount requested for loan; and

F) Verification and signature; 2) An approved facilities plan in accordance with Section 365.520 (Loan

Applicant's Responsibilities During Facilities Planning) of this Part; 3) A Loan Program Certifications form that includes, at a minimum, the

following:Agreement from the loan applicant to pay from other resources any project related costs not included in the loan; A) The loan applicant must agree to pay all project costs not covered

by the loan; B) The loan applicant must certify that it has analyzed the costs and

the financial impacts of the proposed project and that it has the legal, institutional, managerial and financial capability to insure adequate building, operation, maintenance and replacement of the treatment works project;

C) The loan applicant must certify that no unlawful or corrupt practice

has taken place in the planning or design of the proposed project; D) The loan applicant must certify that it has complied with all

applicable State and federal statutory and regulatory requirements in regard to the proposed project;

E) The loan applicant must certify that it is not barred from being

awarded a contract or subcontract under the Illinois Procurement Code [30 ILCS 500]; and

F) The loan applicant must provide its correct Federal Employer

Identification Number and certify that it is doing business as a governmental entity;

4) Demonstration that the loan applicant has the legal, institutional,

managerial and financial capability to insure adequate building, operation, maintenance and replacement of the project in accordance with Section




365.930; 45) An executedExecuted inter-governmental agreement necessary for project

implementation, where necessary; 6) Certification that no unlawful or corrupt practice has taken place in the

planning or design of the project; 57) A "Certification Regarding Debarment, Suspension and Other

Responsibility Matters" (EPA Form 5700-49) showing compliance with federal Executive Order 12549 (Appendix A, Exhibit C);Certification of compliance with federal Executive Order 12549 (reference Appendix A) regarding debarment, suspension and other responsibility matters;

68) A resolution,Resolution or ordinance or legal document authorizing a

representative of the loan applicant to sign loan application documents; 9) Evidence of compliance with the Relocation and Real Property

Acquisition Policies Act of 1970 (P.L. 91-646); 710) A certificationStatement that the necessary project site, rights-of-way,

easements and permits for construction of the project have been obtained and certification of compliance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (42 USC 4601);

811) A resolutionStatement of intent to comply with the National Flood

Insurance Act of 1968 (42 USCU.S.C. 4001-4127) in accordance with Section 365.950 (Floodplain Insurance) of this Part;

912) An approved sewer use ordinance and user charge system in accordance

with the provisions of Sections 365.910 (Sewer Use Ordinance) and 365.920 (User Charges) of this Part;

1013) Documentation to support the loan applicant's ability to repay the

loanEnactment of an authorized loan security and approved dedicated source of revenue in accordance with Sections 365.930 (Financial Capability) andthe provisions of Section 365.940 (Dedicated Source of Revenue) of this Part;

14) Statement regarding contracts awarded under Sections 10-1 and 10-2 of




the Illinois Purchasing Act [30 ILCS 505/10-1 and 10-2] and the loan applicant's federal taxpayer identification number (74 Ill. Adm. Code 290.1203);

1115) The constructionConstruction drawings and specifications, suitable for

bidding purposes; 1216) A construction permit application and permit or "authorization to

construct" from the Agency, pursuant to the provisions of 35 Ill. Adm. Code 309.154 and 309.202, whichever ismay be applicable;

17) Identification of project performance standards;

1318) A projectProject completion schedule;

1419) An executed contract for design and construction related work in

accordance with Section 365.630 (Contracts for Personal and Professional Services) of this Part;

20) An approved value engineering study if the estimated costs exceed $10

million, in accordance with Section 365.550; 1521) An EPA Form 4700-4, Compliance Report;Compliance report (Title VI,

Civil Rights Act of 1964 as amended (P.L. 88-352) and Section 13 of the CWA);

1622) An enactedEnactment of an ordinance authorizing the bonds, notes or

other evidence of indebtedness to be delivered to the Agency; and 17) Proof of publication of the ordinance and any notice required by State

statute, where applicable; 1823) ADelivery of a legal opinion from the loan applicant'srecipient's legal

counsel with respect to the validity and enforceability of the loan applicant'srecipient's obligations and the absence of conflicts with other agreements, bonds or ordinances;.

19) Tax Exemption Certificate and Agreement; and 20) Any other executed legal agreements necessary for project




implementation. b) In addition to the items identified in subsection (a), the Agency must have

received the following items before it will issue the actual Loan Agreementabove, the following items are required prior to the issuance of a loan: 1) A certified copy of the published bid advertisement or

advertisementsadvertisement(s) if the loan applicant is not self-certified in accordance with Section 365.640(e) of this Part;

2) Any addenda issued by the loan applicant, if applicable; 3) Certification of publication; 34) The bidder'sBidder's 5% bid bond or cashier's check for not less than 5%

of the total bid; 45) The lowLow bidder's certificate of nonsegregated facilities showing

compliance with 18 USC 1001; 56) A summarySummary of the evidence that the contractor and engineer

havehas met MBE/WBE requirements of federal Executive Orders 11625 and 12138 (Appendix A, Exhibits A and B);

67) The submittalSubmittal of bid tabulations; 78) AnLetter from the engineering firm to the applicant containing the

consultant's analysis of the bids and engineer's recommendations for the award of the bids;

89) A copy of the successful bid proposalsSuccessful bid proposals;

910) The noticeNotice of the applicant's intent to award; and

10) A "Certification Regarding Debarment, Suspension and Other

Responsibility Matters" (EPA Form 5700-49) showing compliance with federal Executive Order 12549 (Appendix A, Exhibit C) is required from the prime contractor and the engineer; and

11) Certification from the prime contractor or engineer that the services of




anyone who has been debarred or suspended under Federal Executive Order 12549 has not or will not be used for construction work (form attached). This certification is also required for all subcontracts over $25,000.

11) A Certification showing compliance with Section 33E-11 of the Illinois

Criminal Code of 1961 [720 ILCS 5/33E-11].

(Source: Amended at 30 Ill. Reg. 15590, effective September 18, 2006) Section 365.440 Fixed Loan RateRates The fixed loan rate is comprised of an interest rate and a loan support rate. The fixed loan rate charged for a wastewater treatment works loan shall be a simple annual rate at one-half the market interest rate, but not less than 2.50%.as follows:

a) One-half of the market interest rate but not less than 2.50 percent, except as provided in subsection (b) below.

b) 2.50 percent for compliance projects provided that:

1) The loan applicant submits to the Agency by October 28, 1989,

documentation to justify that the proposed project qualifies under the definition of Compliance Project as contained in Section 365.130(b) of this Part; and A) The Agency concurs with the justification submitted and agrees

that the project qualifies under the definition of Compliance Projects. The Agency will notify the loan applicant in writing of its decision; and

B) The loan applicant provides necessary information and loan

applications pursuant to Sections 365.402, 365.403(a) and 365.403(b) in a manner consistent with the Agency's management of the annual Intended Use Plan and Project Priority List; and

C) The compliance project is included in an enforceable schedule

(judicial order, Illinois Pollution Control Board Order or permit compliance schedule pursuant to 35 Ill. Adm. Code: Subtitle C) before the issuance of the loan agreement and the loan is offered




prior to June 30, 1999; or 2) The compliance project was included in an enforceable order (Judicial

Order Approved Municipal Compliance Plan, Illinois Pollution Control Board order or NPDES permit pursuant to 35 Ill. Adm. Code: Subtitle C issued on or before October 28, 1989; and A) The loan applicant provides necessary information and loan

applications pursuant to Sections 365.420, 365.430(a) and 365.430(b) in a manner consistent with the Agency's management of the annual Intended Use Plan and Project Priority List; and

B) The loan is offered prior to June 30, 1999.

(Source: Amended at 30 Ill. Reg. 15590, effective September 18, 2006) Section 365.450 Restrictions on Refinancing

a) Design costs, as set forth in Section 365.460 (Limitation on Design Cost) of this Subpart, and bidding costs related to eligible construction contracts incurred prior to the award of the loan agreement are eligible for refinancing.

b) Costs under a construction contract executed prior to the award of the loan

agreement shall be eligible for refinancing only when the following conditions apply:

1) The project meets the definition of a compliance project in accordance

with Section 365.130 (Definitions) of this Part;

2) The compliance project costs were incurred and construction was initiated after March 7, 1985; and

3) The loan applicant has received written approval from the Agency prior to

the award of the construction contract.

a) No project cost incurred prior to the execution of the loan agreement shall be eligible for loan assistance except: 1) Design costs as set forth in Section 365.460 (Limitation on Design Cost)

and bid costs related to eligible construction contracts; and




2) Compliance project costs where the local obligations were incurred and

where construction was initiated after March 7, 1985. b) Notwithstanding subsection 365.450(a)(2) of this Section, no costs incurred under

a construction contract awarded more than 90 days after the effective date of this Part shall be allowable for loan refinancing unless the Agency has granted written approval prior to the contract award.


Section 365.460 Limitation on Design Cost Allowable costs for design of the loan project will be limited to the actual cost incurred for design up to a maximum percentage of the allowable as bid construction cost.

a) For allowable as bid construction costs of $500,000 or less, the design will be funded up to 15%;

b) For allowable as bid construction costs of $500,001 to $2,000,000, the design will

be funded up to 12%; c) For allowable as bid construction costs of $2,000,001 to $5,000,000, the design

will be funded up to 10%; d) For allowable as bid construction costs of $5,000,001 to $10,000,000, the design

will be funded up to 8%; and e) For allowable as bid construction costs of more than $10,000,000, the design will

be funded up to 7%.

a) For less than $500,000 the design will be funded up to 15 percent of the as bid construction cost.

b) From $500,001 to $2,000,000, the design will be funded up to 12 percent of the as

bid construction cost. c) From $2,000,001 to $5,000,000, the design will be funded up to 10 percent of the

as bid construction cost.




d) From $5,000,001 to $10,000,000, the design will be funded up to 8 percent of the as bid construction cost.

e) For greater than $10,000,000 the design will be funded up to 7 percent of the as

bid construction cost. (Source: Amended at 30 Ill. Reg. 15590, effective September 18, 2006)

SUBPART E: PLANNING REQUIREMENTS FOR LOAN PROJECTS

Section 365.510 Sewer System Evaluation and Rehabilitation (Repealed)

a) Loan applicants for construction or expansion of wastewater treatment works must demonstrate to the satisfaction of the Agency that each sewer collection system discharging into the wastewater treatment works project for which the loan offer is made is not or will not be subject to excessive infiltration/inflow.

b) The final determination whether excessive infiltration/inflow exists will consider:

1) the impacts of infiltration/inflow on the performance of the proposed

wastewater treatment works; 2) the life cycle cost-effectiveness of infiltration/inflow reduction versus

transport and treatment (including the cost of substantial wastewater treatment works construction delay);

3) effectiveness of rehabilitation technology; 4) public health emergencies; and 5) other relevant economic or environmental factors.

c) The determination whether or not excessive infiltration/inflow exists will be

accomplished by an infiltration/inflow analysis prepared as an element of the facilities plan. Where infiltration/inflow is found to be excessive and reduction through sewer system rehabilitation is necessary, a sewer system evaluation survey shall also be conducted as part of the facilities planning to identify and justify the cost-effective scope of rehabilitation work.

d) The selected construction project resulting from facilities planning shall provide a




program for elimination of excessive infiltration/inflow or treatment of non-excessive infiltration/inflow as set forth in subsections (b) and (c) to the levels required under State regulations.

(Source: Repealed at 30 Ill. Reg. 15590, effective September 18, 2006)

Section 365.520 Loan Applicant's Responsibilities During Facilities Planning

a) The loan applicant shall: 1) Undertakeundertake and complete facilities planning, which shall consist

of plans and studies thatwhich are directly related to the construction of wastewater treatment works, to maintain compliance with applicable State and federal requirements as specified in 35 Ill. Adm. Code: Subtitle C and the CWA;.

2) Demonstratedemonstrate to the Agency through such plans and studies the

need for the facilities for which loan assistance is being requested; and, 3) Demonstrate by a systematic evaluation of feasible alternatives, it shall

also demonstrate that the proposed facilities represent the cost-effective means of meeting all applicable effluent limitations and water quality standards and goals, recognizing environmental and social conditions as set forth in subsections (b)-(e)below.

b) If anythe information required to be furnished as part of a facilities plan has been

developed separately, it shall be furnished and incorporated by reference in the facilities plan. Planning previously or collaterally accomplished under local, State or federal programs maywill be utilized to the extent applicable(not duplicated).

c) The facilities plan shall be submitted to the Agency for approvalfor review and

approval by the loan applicant. Where applicable, the applicant shall also submit draftsdraft of any inter-governmental agreements orand demonstrations of legal authority necessary tofor plan implementation.

d) The facilities plan may include more than one construction project and provide

the basis for several subsequent construction projects. A facilities plan which has served as the basis for providing a loan for a construction project shall be reviewed prior to providing any loan for a subsequent project involving construction to determine if changes have occurred which require amendments to




the facilities plan. If substantial changes have occurred which warrant revision or amendment as specified in Section 365.530 of this Subpart, the plan shall be revised or amended and resubmitted for review and approval in accordance with the provisions of Section 365.530(a) and (b) of this Subpart.

e) Facilities planning shall include the following elements in sufficient detail to, at

minimum, comply with all applicable construction permit supporting data requirements of 35 Ill. Adm. Code 370.210:as a minimum, be in accordance with the following requirements. Such facilities plan shall include: 1) A description of the wastewater treatment works for which construction

drawings and specifications are to be prepared. This description, as a minimum, shall include preliminary engineering data, cost estimates for design and construction of the wastewater treatment works and a schedule for completion of design and construction. The preliminary engineering data may include, to the extent appropriate, such information as a schematic flow diagram, unit processes, design data regarding detention times, flow rates, sizing of units, etc.

12) A complete description of the selected complete waste treatment system or

systemssystem(s) of which the proposed wastewater treatment works is a part, identification of any existing violations of federal or State wastewater regulations and identification of the needs to be addressed by the proposed project.

2) A discussion of the technical, financial, managerial, and environmental

considerations that form the basis for the applicant's selection of the cost-effective project from the range of alternatives available and considered, including elimination of infiltration and inflow where applicable. When appropriate to the project scope, the following issues shall be addressed:

A) The relationship of the nature, size and capacity of each alternative

to the needs to be served, including reserve capacity;

B) Identification of current and proposed effluent discharge limitations and water quality standards for the proposed wastewater treatment works as required by Title IV of the CWA and 35 Ill. Adm. Code: Subtitle C;




C) A discussion of the operational requirements of each alternative and provisions for the ultimate disposal of sludge materials from the wastewater treatment process;

D) An assessment of the capability of each alternative to maintain

compliance with applicable laws and regulations;

E) An inventory of the relative environmental impacts of each alternative and a discussion of the measures that would be required during design and construction to mitigate or minimize negative environmental impacts;

F) Adequate basis of design information for each alternative to

confirm the reasonability of cost estimates;

G) A comparison of costs for each alternative, including both capital and operational costs over a 20-year planning period.

3) A detailed description of the alternative selected for loan assistance,

including preliminary engineering data, complete cost estimates for design and building, one or more 8.5 by 11 inch site map or maps locating areas of construction or indirect impacts, and a projected schedule for completion. The engineering data shall include, to the extent appropriate, flow diagrams, unit process descriptions, detention times, flow rates, unit capacities, etc., sufficient to demonstrate that the project proposed will be designed in accordance with 35 Ill. Adm. Code 370.

4) Evidence of consultation with relevant federal, State, interstate, regional or

local agencies, with documentation of project approval where required. 5) An implementation plan for the proposed recommendations, including

necessary financial arrangements for the operation and maintenance of the wastewater treatment system and repayment of the proposed loan amount, as well as the impact of these costs on the system users.

3) Infiltration/Inflow documentation in accordance with Section 365.510

(Sewer System Evaluation and Rehabilitation). The loan applicant must document in facilities planning that the sewer system discharging into the wastewater treatment works is not subject to excessive infiltration/inflow or provide a sewer system evaluation survey along with the cost-effective




scope of proposed rehabilitation work, for any project involving construction of additional wastewater treatment works capacity.

4) A cost-effectiveness analysis of appropriate alternatives for the wastewater

treatment works to assure that the project proposed constitutes BPWTT. The selection of the wastewater treatment works on which construction drawings and specifications are to be based shall reflect the cost-effectiveness analysis. This analysis shall include when appropriate: A) The relationship of the nature, size and capacity of the wastewater

treatment works to the needs to be served, including reserve capacity;

B) An evaluation of alternatives including those technologies and

techniques for beneficial recycling and reuse of wastewaters where appropriate;

C) An evaluation of the capability of each alternative to meet

applicable effluent limitations. The wastewater treatment works design must be based upon meeting effluent limitations and maintaining compliance with State or federal requirements as specified in 35 Ill. Adm. Code: Subtitle C and the CWA;

D) An evaluation of the alternative means by which ultimate disposal

can be effected for treated wastewater and for sludge materials resulting from the treatment process;

E) An evaluation of water reclamation, water recycling, recreational

opportunities and open space opportunities; and F) An inventory of environmental impacts of the alternatives within

the planning area in accordance with Section 365.530(c) and discussion as to what measures are being or will be taken during planning, design and construction to avoid or mitigate potential negative environmental impacts.

5) An identification of effluent discharge limitations or a copy of the permit

for the proposed wastewater treatment works as required by Title IV of the CWA.




6) Required comments or approvals of relevant State, interstate, regional, and local agencies.

7) The loan applicant shall certify that the authorities which will be

implementing the plan have the necessary legal, financial, institutional, and managerial capability to insure the construction, operation, and maintenance of the proposed wastewater treatment works.

8) The scope of each wastewater treatment works project defined within the

facilities plan as being required for implementation of the plan, and for which State assistance will be requested, shall define: A) Any necessary new wastewater treatment works construction; and B) Any rehabilitation work determined by the sewer system

evaluation to be necessary for the elimination of excessive infiltration/inflow. However, rehabilitation which should be a part of the loan applicant's normal operation and maintenance responsibilities shall not be included within the scope of a wastewater treatment works construction project.


Section 365.530 State Environmental Review

a) Prior to making a final determination on the acceptability of anya facilities plan, the Agency shall undertakedetermine if the project is subject to an environmental review. The Agency may categorically excludeAn environmental review shall be required in all cases, except that certain entire classes of projects may be categorically excluded from a detailed environmental review and public hearing requirement when, by virtue of their limited scope, the projectsthey have no potential for negative environmental impacts.

b) The Agency shall not beginundertake its environmental review until it has

determined that the facilities plan conforms to the requirements of Sectionlisted in Sections 365.510 (Sewer System Evaluation and Rehabilitation) and 365.520 (Loan Applicant's Responsibilities During Facilities Planning) of this Subpart, and that, based on the information available, all reasonable measures have been taken in the planning to avoid and mitigate negative environmental impacts.




c) The scope of the Agency's environmental review shall include, but not be limited to, an assessment of the impacts of both the loan funded project and the overall planning on rare and endangered species, historic and/ cultural resources, prime agricultural land, air and water quality, recreational areas, wetlands, floodplains and other sensitive environmental areas. The review shall also assess the direct and indirect impacts of construction on the community.

d) For all projects requiring an environmental review, the Agency will assess the

environmental impacts of the proposed project and prepare a written Preliminary Environmental Impacts Determination (PEID). TheInterested members of the public will be given an opportunity to comment both on the facilities plan and the Agency's assessment of environmental impacts assessment.

e) The PEIDPreliminary Environmental Impacts Determination shall be mailed to

the loan applicant and other interested parties, inviting public comment. The Within 90 days of receipt of the Agency's preliminary determination, the loan applicant shallwill hold a public hearing on the plan and the Agency's PEIDPreliminary Environmental Impacts Determination for the purpose of obtaining public comment. The public hearing will be held within 60 days after receipt of the Agency's PEID or within an alternate time period that is justified by the loan applicant and approved by the Agency. The loan applicant shall allow an additional 15 days from the date of the public hearing for the submission of written comments from the public.

f) The time and place of the public hearing shall be conspicuously and adequately

announced at least 10 days before the hearing. In addition, the Agency's PEIDPreliminary Environmental Impacts Determination document shall be displayed at a convenient local site sufficiently prior to the hearing to obtain a level of public participation appropriate to the scope and impacts of the proposed project. In no case will the public notice period be less than 21 days.

g) The loan applicant shall provide written notice of the public hearing to interested

local, State and federal agencies, State and regional clearinghouses, citizen groups and local public officials with written notice of the public hearing.

h) The loan applicant shallwill provide to the Agency with an accurate summary of

all public comments received, together with any proposed amendments to the plan made in response to these comments.

i) Upon receipt of this public hearing summary and after the expiration of thea 15




day written comment period, from the day of the hearing, the Agency shall issue:provide in writing any one of the following: 1) Anan unconditional approval of the plan (original or as amended); or 2) Aa conditional approval of the plan with special conditions for mitigation

of negative environmental impacts; or 3) A disapproval of the plan based on evidence of significant negative

environmental impacts for which appropriate mitigative measures have not been identified; or

4) A determination of the need forto prepare an Environmental Impact

Statement (EIS) under the National Environmental Policy Act (42 USC 4332).which the Agency may at its sole discretion prepare or have prepared by a qualified outside contractor. The Agency may change its disapproval toreconsider approval or conditional approval of the project based on the recommendations of the EIS.

j) For projects categorically excluded from the environmental review process, the

Agency shall provide to the applicant a Notice of Intent to Issue a Categorical Exclusion. The applicant shall conspicuously and adequately announce the Notice of Intent to Issue a Categorical Exclusionpublish in the newspaper of local record a public notice of this Intent, provide public access to the planning documents and Agency Notice of Intent, and allow 15 days for public comment. If no valid objection is raised to the Categorical Exclusion, the Agency shall issue an unconditional approvalUnconditional Approval of the facilities plan at the close of the public comment period. Should valid concerns be raised over potential environmental impacts, the Agency shall proceed with anto the normal environmental review under this Section 365.530process outlined above or issue a conditional approvalConditional Approval where the applicant incorporates mitigative measures that have been identified which would clearly resolve the environmental concerns.

k) Agency approval of a facilities plan shall be valid for purposes of loan funding for

a period of five years, after which time the plan it must be updated and resubmittedsubject again to the Agency for review and approval. The Agency shall prepare a revised environmental review and provide an opportunity forrequire a second round of public comment in accordance with these rules in those cases where changes in circumstance, project scope, or cost impacts




warrant. l) At any time withinless than 5 years fromfollowing the date of facilities plan

approval, the Agency may rescind its approval and require amendment of the planning to be amended, if there arebased on changes to the scope of proposed construction or significant alterations to planning area conditions or underlying assumptions that might alter previous conclusions regarding environmental impacts or the cost-effectiveness. For projects where the amended planning would result inof the proposed project. Prior to granting approval of amended planning, the Agency may require a second round of public comment where substantial changes in environmental or economic impacts, the Agency may require the applicant to provide an opportunity for public comment prior to granting approval of the amended plan result from the amended plan.

m) Additions to the project scope or changes to the location of proposed construction

activity shallwill normally require an amendment to an approved facilities plan. Where the Agency determines that the proposed changes will not alter the previous environmental impacts findings, it the Agency will approve planning amendments by letter. In other cases, additionala second round of environmental review andor public comment may be required as appropriate.

n) Agency facilities planning determinations made in accordance with subsection (i)

of this Sectionabove shall be subject to the provisions of the Illinois Administrative Procedure Act [5 ILCS 100].


Section 365.540 Limitations on Awards for Individual Systems

a) Construction involving privately owned residentialalternative wastewater treatment works must be part of the cost-effective solution in the approved facilities plan.

b) Loan applicants must have legal authority to access all such privately owned

systems at all reasonable times for such purposes as inspections, monitoring, building, operation, maintenance, rehabilitation, and replacement.


Section 365.550 Value Engineering Requirements (Repealed)




Value engineering consists of an intensive, independent review of plans and specifications utilizing a specialized cost control technique to identify unnecessary high cost items in the proposed project.

a) Value engineering is required for all projects which are estimated to cost over $10 million for the total project building cost.

b) The value engineering effort must be approved prior to the issuance of the loan

agreement. c) After each value engineering review is completed, the loan recipient must obtain a

summary report and recommendations. d) The loan recipient must review the recommendations and either accept, modify or

reject them and send a summary of proposed action along with the value engineering report to the Agency for review and approval.


Section 365.560 Areawide Waste Treatment Management Planning The project shallmust be consistent with the provisions of Sections 208 and 303(e) of the CWA.


SUBPART F: REQUIREMENTS APPLICABLE TO SUBAGREEMENTS Section 365.610 Loan Requirements for all Subagreements The intent of this Subpart is to provide for maximum open and free competition in the procurement of materials, goods and services for the construction of projects funded from the WPCLP. Any procurement method, except as allowed under this Part 365, that significantly minimizes open and free competition will be prohibited. The following procedures shall apply to all subagreements:

a) Local Preference Local laws, ordinances, regulations or procedures thatwhich are designed to or

operate to give local or in-state bidders or proposers preference over other bidders or proposers shall not be usedemployed in evaluating bids or proposals for




subagreements under WPCLP loansa loan. b) Profits Only fair and reasonable profits may be earned by contractors in subagreements

under WPCLPAgency loans. Profit included in a formally advertised, competitively bid, fixed price construction contract awarded pursuant to Section 365.620 (Construction Contractsof Loan Recipient) of this Subpart is presumed to be reasonable. If The loan recipient shall submit its basis for determination of reasonable profit if a subagreement is not competively bid, the loan recipient shall submit to the Agency its basis for determination of reasonable profit.

c) Loan Recipient Responsibility The loan recipient shall beis responsible for the administration and successful

accomplishment of the project for which WPCLPAgency loan assistance is provided. The loan recipient shall be is responsible for the settlement and satisfaction of all contractual and administrative issues arising out of subagreements, including,. This includes but is not limited to, issuance of invitations for bids or requests for proposals, selection of contractors, award of contracts, protests of award, claims, disputes, and other procurement matters. With the prior written consent of the Agency, these functions may be performed for the loan recipient by an individual or firm retained by the loan recipient for that purpose. Such an individual or firm shall be deemed the loan recipient's agent, acts for the loan recipient and shall beis subject to all the provisions of the loan agreement, including this Part 365, that, which apply to the loan recipient.

d) Privity of Contract Neither the Agency nor the State of Illinois shall be a party to any subagreement

(including contracts or subcontracts), ornor to any solicitation or request for proposals under those subagreementsthereunder.

e) Subagreements shallmust:

1) Be directly related to the accomplishment of the loan recipient's approved

work program; 2) Be in the form of an executed written agreement (except for small

purchases of $25,000 or less); 3) Be for monetary or in-kind consideration; and




4) Not be in the nature of a grant or gift. f) Documentation

1) Procurement records and files for purchases in excess of $25,000 shall

include the following: A) The basisBasis for contractor selection; B) The justificationJustification for lack of competition if competition

appropriate to the type of project work to be performed is required but not obtained; and

C) The basisBasis for award cost or price.

2) Procurement documentation as described in subsectionSection

365.610(f)(1) above shall be retained by the loan recipient or contractor or contractorscontractor(s) of the loan recipient for the period of time required by Section 365.820 (Audit and Records) of this Part.

g) SubagreementsNo subagreement shall only be awarded to personsany person or

organizations thatorganization which does not: 1) Have adequate financial resources for performance; 2) Have the necessary experience, organization, technical qualifications, and

facilities, or a firm commitment, arrangement, or ability to obtain these requirements;

3) Have the staffing sufficient to comply with the proposed or required

completion schedule for the project; 4) Have a satisfactory record of integrity, judgment, and performance; 5) Have an adequate financial management system and audit procedure

which is consistent with generally accepted accounting standards in accordance with the American Institute of Certified Public Accountants Professional Standards (666 Fifth Avenue, New York, New York 10019; June 1, 1987);




6) Maintain a standard of procurement in accordance with this Part 365; 7) Maintain a property management system which provides adequate

procedures for the acquisition, maintenance, safeguarding and disposition of all property; and

8) Conform to the civil rights, equal employment opportunity (Appendix A,

Exhibit D) and labor law requirements of this Part 365. h) Fraud and Other Unlawful or Corrupt Practicesother unlawful or corrupt practices

1) The obtainingproviding and administration of loans fromby the

WPCLPState of Illinois, and of subagreements awarded by loan recipients, shallunder those loans, must be accomplished free from bribery, graft, kickbacks, and other corrupt practices. The loan recipient shall bearbears the primary responsibility for prevention and detection of such conduct and for cooperation with appropriate authorities in the prosecution of any such conduct.

2) The loan recipient shallmust effectively pursue available State or local

legal and administrative remedies, and take appropriate remedial action with respect to any allegations or evidence of such illegality or corrupt practices which are brought to its attention. The loan recipient shall advise the Agency immediately when any such allegation or evidence comes to its attention, and shall periodically advise the Agency of the status and ultimate disposition of any such matter.

i) Negotiation of Subagreements AllAward of subagreements shall be awarded by any method other than formal

advertising unless the loan recipient determines, andis not authorized unless the Agency concurs, with the applicants determination that it is impracticable and infeasible to use formal advertising. Negotiated contracts must be competitively awarded to the maximum practicable extent. Procurements may be negotiated by the loan recipientapplicant if approved by the Agency for the following reasons: 1) Public exigency, as evidenced by governmental declaration, will not

permit the delay incident to advertising (e.g., an emergency procurement); 2) The aggregate amount of the contract to be competitively negotiated is

allowed by State law;involved does not exceed $4,000;




3) The materialsmaterial or services to be procured areis available from only

one person or firm; 4) The procurement is for personal or professional services, or for any

services to be rendered by an a university or other educational institution; 5) No responsive, responsible bids at acceptable price levels have been

received after formal advertising; or 6) The procurement is for materialsmaterial or services where the prices are

established by law;, for technical items or equipment requiring standardization and interchangeability of parts with existing equipment;, for experimental, developmental or research work;, for highly perishable materials;, for resale;, or for technical or specialized supplies requiring substantial initial investment for manufacture.


Section 365.620 Construction Contracts of Loan Recipient The following proceduresThis procedure shall apply to construction contracts (subagreements) awarded by loan recipients for the construction phase only. TheyIt shall not apply to personal and professional service contracts.

a) The contract documents to be submitted to the Agency shall require a bid bond or cashier's check for not less than 5% of the bid amount, executed contract, performance and payment bonds for the bid amount, certificate of insurance with loan recipient added as additional insured, and the notice to proceed.Contract documents must include bid, performance and payment bonds.

b) Each contract shall be awarded after formal advertising, unless negotiation is

permitted in accordance with Section 365.610(i) (Negotiation of Subagreements) of this Subpartabove. Formal advertising shall be in accordance with the following: 1) Evidence of advertising

The loan recipient shall submit to the Agency a certified copy of the bid advertisement that notifies the bidders that the procurement will be subject to regulations contained in the procedures for issuing loans from the




WPCLP as set out in this Part 365, the Prevailing Wage Act [820 ILCS 130], the Employment of Illinois Workers on Public Works Act [30 ILCS 570], and Executive Order 11246, as amended (Appendix A, Exhibit D).

21) Adequate bidding documents Bidding documents (invitations for bid) shall be made available by the

loan recipient and shall be furnished upon request in a timely manner. A complete set of bidding documents shall be maintained by the loan recipient and shall be available for inspection and copying by any party. TheSuch bidding documents shall include: A) A complete statement of the work to be performed, including

necessary drawings and specifications, and the required completion schedule. (Drawings and specifications may be made available for inspection instead of being furnished.);

B) The terms and conditions of the contract to be awarded; C) A clear explanation of the method of bidding, the method of

evaluation of bid prices, and the basis and method for award of the contract;

D) The statement that any contract awarded in response to the bid is

expected to be funded in part by a loan from the WPCLP, and that neither Fund. Neither the State of Illinois nor any of its departments, agencies or employees is or will be a party to this bidding or any resulting contract;

E) Responsibility requirements or criteria thatwhich will be used

employed in evaluating bidders, provided that an experience requirement or performance bond may not be usedutilized unless adequately justified under the particular circumstances by the loan recipient;

F) A copy of subsections (b)(2)(1)(G) and (H) below shall be

included in the proposal form to be used by bidders and, shallwill constitute a representation and certification to be considered as a part of their bid;

G) By submission of the bid, each bidder certifies, and, in the case of




a joint bid, each party to the joint bidthereto certifies as to his or her own organization, that in connection with the bid: i) The prices in the bid have been arrived at independently,

without consultation, communication, or agreement, for the purpose of restricting competition, as to any matter relating to thesuch prices with any other bidder or with any competitor;

ii) Unless otherwise required by law, the prices which have

been quoted in the bid have not knowingly been disclosed by the bidder, prior to opening, directly or indirectly disclosed to any other bidder or to any competitor prior to opening; and

iii) No attempt has been made or will be made by the bidder to

induce any other person or firm to submit or withholdnot to submit a bid for the purpose of restricting competition. Also, each bidder shall submit a certification regarding compliance with Article 33 E-11 of the Illinois Criminal Code of 1961 [720 ILCS 5/33E-11]; and

H) Each person signing the bid shall certify that:

i) He or she is the person in the bidder's organization

responsible for the decision as to the prices being bid and that he or she has not participated, and will not participate, in any action contrary to subsection (b)(2)(1)(G) above; or

ii) He or she is not the person in the bidder's organization

responsible for the decision as to the prices being bid, but that he or she has been authorized to act as agent for the persons responsible for such decision in certifying that thesuch persons determining the prices have not participated, and will not participate, in any action contrary to subsection (b)(2)(1)(G) above, and as their agent shall so certify. He or she shall also certify that he or she has not participated, and will not participate, in any action contrary to subsection (b)(2)(1)(G) above.




32) Addenda to bidding documents If the loan applicant wishesrecipient desires to amend any part of the

bidding documents (including drawings and specifications) during the period when bids are being prepared, the loan applicant shall send writtenthe addenda shall be communicated in writing to all firms who have obtained bidding documents in time to be considered prior to the bid opening time. When appropriate, the time period for submission of bids shall be extended. AllAny addenda issued to the bidding documents shallshould be submitted to the Agency for approval prior to the bid opening.

43) Award to the low, responsive, responsible bidder

A) After bids are opened, they shall be evaluated by the loan

applicantrecipient in accordance with the methods and criteria set outforth in the bidding documents. Items that shall be submitted to the Agency include a bid tabulation, the loan applicant's or its agent's analysis of bids and recommendation for the award, and the loan applicant's letter of intent to award or the official minutes of board approval.

B) The loan applicantrecipient may reserve the right to reject all bids

if it has documented sound business reasons. Unless all bids are rejected, award shall be made to the low, responsive, responsible bidder after the bid evaluation has been submitted to the Agency and written notice of Agency approval has been received by the loan applicantrecipient, except in the case of a loan recipient that is self-certified in accordance with Section 365.640(e) of this Part. Agency approval of the bid evaluation is not required prior to the award of the construction contract when loan recipients are self-certified.

C) If the award is intended to be made to a firm thatwhich did not

submit the lowest bid, a written statement shall be prepared prior to any award and retained by the loan applicant shall submit to the Agency a written statementrecipient explaining why each lower bidder was deemed not responsive or not responsible.

c) Negotiations of Contract Amendments (Change Orders)




1) Loan recipientRecipient responsibility The loan recipient shall beis responsible for negotiation of construction

contract change orders. This function may be performed by the loan recipient directly or, if authorized, by its consulting engineer. During negotiations the loan recipient shall: A) Make sure that the contractor has a clear understanding of the

scope and extent of work and other essential requirements; B) Assure that the contractor demonstrates that he or she will make

available or will obtain the necessary personnel, equipment and materials to accomplish the work within the required time; and

C) Maintain aA summary of all negotiations and the engineer's

independent cost estimate shall be maintained with the records. 2) Changes in contract price or time The contract price or time may be changed only by a change order. When

negotiations are required, they shall be conducted in accordance with subsection (c) of this Section.

3) For each change order the contractor shall submit to the loan recipient for

review sufficient cost and pricing data to enable the loan recipient to ascertain the necessity and reasonableness of costs and amounts proposed, and the allowability and eligibility of costs proposed.

4) Agency review For eachany change order, the loan recipient shall submit to the Agency

for its review and approval the following required documentation: A) A description of the changed work; B) The contractor's proposal itemizing the cost and time to complete

the changed work; C) The loan recipient'srecipient or engineer's estimate of the cost and

time to complete the changes; D) Two copies of the executed change order with justification

including, but not limited to, the need for the proposed work and




the technical solution; and E) The summary of negotiations and resolution between the

engineer's independent cost estimate and the contractor's proposal. d) Each construction contract shall include the following provisions:

1) Audit; access to records:

A) The contractor shall maintain books, records, documents and other

evidence directly pertinent to performance on loan work under this agreement consistent with generally accepted accounting standards in accordance with the American Institute of Certified Public Accountants Professional Standards (666 Fifth Avenue, New York, New York, 10019; June 1, 1987). The contractor shall also maintain the financial information and data used by the contractor in the preparation or support of any cost submissions required under subsection (c) above (Negotiation of Contract Amendments, (Change Orders)) and a copy of the cost summary submitted to the owner. The Illinois Auditor General, the owner, the Agency, or any of their duly authorized representatives shall have access to thesuch books, records, documents, and other evidence for purposes the purpose of inspection, audit, and copying. The contractor shallwill provide facilities for such access and inspection.

B) ForIf this contract is a formally advertised, competitively awarded,

fixed price contract, the contractor shallagrees to include access to records as specified in subsection (d)(1)(A) forabove. This requirement is applicable to all negotiated change orders and contract amendments in excess of $25,000 thatwhich affect the contract price. In the case of all other prime contracts, the contractor shall agreealso agrees to include access to records as specified above in all his or her contracts and all tier subcontracts or change orders in excess of $25,000 that arethereto directly related to project performance which are in excess of $25,000.

C) Audits conducted pursuant to this provision shall be consistent

with generally accepted auditing standards in accordance with the American Institute of Certified Public Accountants Professional




Standards (666 Fifth Avenue, New York, New York 10019; June 1, 1987).

D) The contractor shall agreeagrees to the disclosure of all

information and reports resulting from access to records pursuant to subsection (d)(1)(A) above. Where the audit concerns the contractor, the auditing agency shallwill afford the contractor an opportunity for an audit exit conference and an opportunity to comment on the pertinent portions of the draft audit report. The final audit report shallwill include the written comments, if any, of the audited parties.

E) The records required byRecords under subsection (d)(1)(A) above

shall be maintained and made available during performance of the work under thethis loan agreement and for 3until three years afterfrom the date of final loan audit for the project. In addition, those records thatwhich relate to any dispute or litigation or the settlement of claims arising out of anysuch performance, costs or items to which an audit exception has been taken, shall be maintained and made available for 3 until three years after the date of resolution of thesuch dispute, appeal, litigation, claim, or exception.

F) The right of access conferred by this clause will generally be

exercised (with respect to financial records) under: i) Negotiatednegotiated prime contractscontractors; ii) Negotiatednegotiated change orders or contract

amendments in excess of $25,000 affecting the price of any formally advertised, competitively awarded, fixed price contract; and

iii) Subcontractssubcontracts or purchase orders under any

contract other than a formally advertised, competitively awarded, fixed price contract.

G) TheThis right of access will generally not be exercised with respect

to a prime contract, subcontract, or purchase order awarded after effective price competition. In any event, thesuch right of access




shall be exercised under any type of contract or subcontract: i) Withwith respect to records pertaining directly to contract

performance, excluding any financial records of the contractor; and

ii) Ifif there is any indication that fraud, gross abuse, or

corrupt practices may be involved in the award or performance of the contract or subcontract.

2) Covenant against contingent fees. The contractor shall warrant that no person or selling agency has been

employed or retained to solicit or secure the contract upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee. For breach or violation of this warranty, the owner shall have the right to annul the contract without liability or in its discretion to deduct from the contract price or consideration, or otherwise recover, the full amount of such commission, percentage, brokerage, or contingent fee.

3) Wage provisions. The contractorContractor shall pay prevailing wages in accordance with

the Illinois Prevailing Wage Act [820 ILCS 130]federal Davis-Bacon wage provisions (40 U.S.C. 276a through 276a-5).

4) MBE/WBE requirementsRequirements The contractor shall provide evidence, including,Evidence that the

contractor has taken affirmative steps, such as, but not limited to, a copy of the advertisement or advertisementsadvertisement(s) and the record of negotiation, that the contractor has taken affirmative steps in accordance with federal Executive Orders 11625 and 12138 (reference Appendix A, Exhibits A and B), to assure that small, minority and women's businesses are used when possible as sources of supplies, equipment, construction and services consistent with the provisions of the Agency's Operating Agreement with USEPA.

5) Debarment or suspensionDebarred or suspended provisions. The contract shall require the successful bidder or bidders to submit a

"Certification Regarding Debarment, Suspension and Other Responsibility Matters" (EPA Form 5700-49) showing compliance with federal Executive Order 12549 (Appendix A, Exhibit C).A provision requiring the




successful bidder(s) to submit a certification of compliance with Federal Executive Order 12549 (reference Appendix A) regarding debarment, suspension and other responsibility matters.

6) Nonsegregated facilities provisions

The successful bidder shall be required to submit a certification of nonsegregated facilities as prescribed in 18 USC 1001.

e) Subcontracts under construction contractsConstruction Contracts

The award or execution of all subcontracts by a prime contractor and the procurement and negotiation procedures used by thesuch prime contractor in awarding or executing such subcontracts shall comply with:

1) All applicable provisions of federal, State and local law; 2) All provisions of this Part 365 regardingwith respect to fraud and other

unlawful or corrupt practices; 3) All provisions of this Part 365 with respect to access to facilities, records

and audit of records; and 4) All provisions of subsection (d)(5) that require a "Certification Regarding

Debarment, Suspension, and Other Responsibility Matters" (EPA Form 5700-49) showing compliance with federal Executive Order 12549 (Appendix A, Exhibit C).The provision requiring a certification of compliance with federal Executive Order 12549 (reference Appendix A) regarding debarment, suspension, and other responsibility matters.

f) Contractor Bankruptcy In the event of a contractor bankruptcy, the loan recipient shall notify the Agency

and shall keep the Agency advised of any negotiations with the bonding company, including any proposed settlement. The Agency may participate in those negotiations and will advise the loan recipient of the impact of any proposed settlement to the loan agreement. The loan recipient shall be responsible for assuring that every appropriate procedure and incidental legal requirement is observed in advertising for bids and re-awarding a construction contract.


Section 365.630 Contracts for Personal and Professional Services




All subagreements of loan receipts for personal and professional services for design or construction that will be paid with loan funds, where the aggregate amount of services involved is expected to exceed $25,000 in the aggregate shall, must include the following subagreement provisions:

a) Subagreements for personal and professional construction services shallmust include: 1) Evidence that affirmative steps have been taken, such as, but not limited

to, a copy of the advertisement or advertisementsadvertisement(s) and the record of negotiation in accordance with federal Executive OrdersOrder 11625 and 12138 (reference Appendix A, Exhibits A and B), that affirmative steps have been taken to assure that small, minority and women's businesses are used when possible as sources of supplies, equipment, construction, and services consistent with the provisions of the Agency's Operating Agreement with USEPA.;

2) An "audit and, access to records" clause that provides as follows:

A) Subsections (a)(2)(B) through (E) below shall be included in all

contracts and all subcontracts directly related to project services that are in excess of $25,000.

B) Books, records, documents and other evidence directly pertinent to

performance of WPCLPAgency loan work under this agreement shall be maintained consistent with generally accepted accounting standards in accordance with the American Institute of Certified Public Accountants Professional Standards (666 Fifth Avenue, New York, New York 10019; June 1, 1987). The Agency or any of its duly authorized representatives shall have access to thesuch books, records, documents and other evidence for the purpose of inspection, audit and copying. Facilities shall be provided for such access and inspection shall be provided.

C) Audits conducted pursuant to this provision shall be in accordance

with generally accepted auditing standards. D) AllDisclosure of all information and reports resulting from access

to records pursuant to subsection (a)(2)(B) above shall be




disclosedprovided to the Agency. The auditing agency shallwill afford the engineer an opportunity for an audit exit conference and an opportunity to comment on the pertinent portions of the draft audit report. The final audit report shallwill include the written comments, if any, of the audited parties.

E) Records under subsection (a)(2)(B) above shall be maintained and

made available during performance of project services under this agreement and for 3until three years after the final loan closing. In addition, those records thatwhich relate to any "dispute" pursuant to Section 365.650 (Disputes) of this Subpartappeal under an Agency loan agreement, or litigation, or the settlement of claims arising out of projectsuch performance, or costs or items to which an audit exception has been taken, shall be maintained and made available for 3until three years after the date of resolution of thesuch appeal, litigation, claim or exception.;

3) A "covenant against contingent fees" clause as follows:

"The professional services contractor warrants that no person or selling agency has been employed or retained to solicit or secure this contract upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, excepting bonafide employees. For breach or violation of this warranty, the loan recipient shall have the right to annul this agreement without liability or in its discretion to deduct from the contract price or consideration or otherwise recover, the full amount of such commission, percentage, brokerage, or contingent fee.";

4) A "Certification Regarding Debarment, Suspension, and Other

Responsibility Matters" (EPA Form 5700-49) showing compliance with federal Executive Order 12549 (Appendix A, Exhibit C).A certification of compliance with federal Executive Order 12549 (reference Appendix A) regarding debarment, suspension and other responsibility matters;

5) A description of theThe scope and extent of the project work.; 6) The schedule for performance and completion of the contract work

including, where appropriate, dates for completion of significant project tasks.; and

7) A method of compensation.




b) Subagreements for personal and professional design services shallmust include

the subagreement provisions contained in subsections (a)(2) through- (a)(4) above. In addition, the subagreements shallsubagreement be accompanied by a statement regarding the useextent of small, minority and women's business utilization during the design service phase.

c) If, at the time of contract execution, any of the above elements required in this

Section 365.630 cannot be defined adequately for later tasks, those at the time of contract execution, the subsequent tasks shall not be included in the contract at that time.


Section 365.640 Compliance with Procurement Requirements for Construction Contracts

a) Loan ApplicantRecipient Responsibility. The loan applicant shall berecipient is responsible for selecting the low,

responsive, and responsible bidder or other contractor in accordance with applicable requirements of State, federal, and local laws and ordinances, as well as for the specific requirements of the loan agreement directly affecting the procurement. The loan applicant shall also be responsible and for the initial resolution of complaints based upon alleged violations. Any complaintsIf complaint is made to the Agency concerning anyan alleged violation of any law in connection with this loan agreement in the procurement of construction services or materials for a project involving construction work, the complaint will be referred to the loan applicantrecipient for resolution. The loan applicantrecipient shall promptly determine each such complaint onupon its merits, and shall allow permitting the complainant andcomplaining party as well as any other interested party who may be adversely affected to state in writing or at a conference the basis for theirhis views concerning the proposed procurement. The loan applicant shallrecipient must promptly furnish to the complainantcomplaining party and to other affected parties, by certified mail, a written summary of its determination, substantiated by an engineering or legal opinion, providing a justification for its determination.

b) Time Limitations. Complaints should be made pursuant to subsection (a) above as early as possible

during the procurement process, preferably prior to the bid opening, to avoid disruption of the procurement process. TheA complaint shallauthorized by




subsection (a) above must be mailed by (certified mail, (return receipt requested), or otherwise delivered, no later than 5five working days after the complainant becomes aware of an alleged violation.the bid opening. If there is no agreement between the parties within 7seven days following the loan applicant's response, unless all bids are rejected, the matter shall be resolvedthen resolution will occur in accordance with subsection (c) below unless all bids are rejected.

c) Remedies. All claims, counter-claims, disputes and other matters in question between the

applicantrecipient and the contractor arising out of, or relating to, a this subagreement or itsthe breach shallof it will be decided by arbitration if the parties mutually agree, or in a court of competent jurisdiction within the State.

d) Deferral of Procurement Action. If the determination of a complaint by the loan applicant is adverse to the

complainant, the loan applicant shallWhere the loan applicant has received a written complaint pursuant to subsection (a) above, it must defer issuance of its solicitation or award or notice to proceed under the contract, (as appropriate), for 7seven days after mailing or delivery of theany written adverse determination by the loan applicant. If thea determination (whetheris made by either the loan applicantrecipient, the arbitrator or the court) which is favorable to the complainant, the terms of the solicitation shallmust be revised or the contract shallmust be awarded, (as appropriate,) in accordance with thesuch determination.

e) Self-Certification of Procurement Systems:

1) A loan applicant may request that its procurement system be reviewed by

the Agency to determine whether the system meets the requirements of Sections 365.610, 365.620, 365.630 and 365.640(a)(b)(c) and (d) of this Part.

2) Upon written approval by the Agency that these rules are met, the loan

applicant may self-certify its procurement system. The loan applicant will then be allowed to award contracts for personal and professional services and construction without formal agency review of consulting engineering agreements and bidding documents. Self-certification shall not limit the Agency's right to review the loan applicant's procurement system. However, such review would occur only if waste, fraud or abuse was suspected.




3) Prior to loan offer from the Agency, the loan applicant must identify the low responsive, responsible bidder and the "as-bid" cost of the project. All costs incurred prior to a loan offer will be subject to the requirements of Section 365.405 of this Part.


Section 365.650 Disputes

a) Only the loan recipient may appeal to the Agency in its own name and for its own benefit, under this provision, with respect to its subagreements thereunder for its own name and benefit. Neither a contractor nor a subcontractor of a loan recipient may prosecute an appeal under the disputes provision of a loan in its own name or interest.

b) Any dispute arising under this loan thatwhich is not disposed of by agreement

shall be decided by the Director, or his or herduly authorized representative, who shall render ahis decision in writing and mail or otherwise furnish ita copy thereof to the loan recipientapplicant. The decision of the Director shall be in accordance with this Part 365 and shall be final and conclusive.

c) The disputes clause shall not preclude the Director from considering questions of

law in any decision.This "disputes" clause does not preclude consideration of questions of law in connection with decisions provided for in subsection (b) above.


Section 365.660 Indemnity The loan recipient shall assume the entire risk, responsibility and liability for any and all loss or damage to property owned by the loan recipient, by the Agency or by third persons, and for any injury to or death, of any persons (including employees of the loan recipient) caused by, arising out of, or occurring in connection with the execution of any work, contract or subcontract arising out of the WPCLPthis loan. The, and the loan recipient shall indemnify, save harmless and defend the State of Illinois and the Agency from all claims for any such loss, damage, injury or death, whether caused by the negligence of the State of Illinois, the Agency, their agents or employees or otherwise, consistent with the provisions of Section 1 of the Construction Contract Indemnification for Negligence Act [740 ILCS 35/1]. The loan recipient shall require that any and all its contractors andor subcontractors engaged by the loan recipient shall agree in writing




that they willshall look solely to the loan recipient for performance of thesuch contract or satisfaction of any and all claims arising under the contractthereunder.

(Source: Amended at 30 Ill. Reg. 15590, effective September 18, 2006) Section 365.670 Covenant Against Contingent Fees The loan recipient shall warrant that no person or agency has been employed or retained to solicit or secure a WPCLPthis loan upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee. For breach or violation of this warranty, the Agency shall have the right to annul the loan in accordance with Section 365.310 (Noncompliance with Loan Procedures) of this Part or to deduct from the loan, provided, or otherwise recover, the full amount of thesuch commission, percentage, brokerage, or contingent fee.


SUBPART G: REQUIREMENTS APPLICABLE TO CONSTRUCTION INITIATION, CHANGES, COMPLETION AND OPERATION OF PROJECT

Section 365.710 Construction Initiation Upon approval by the Agency of the loan applicant's financial assistance application in accordance with Section 365.430 (Financial Assistance Application and Approval) of this Part, and subject to the availability of funds, the Agency will issue the loan agreement and authorize the initiation of construction.The Agency must review the information listed in Section 365.430 (Financial Assistance Application and Approval), as submitted by the loan applicant. Upon the Agency's approval and availability of funds, the loan agreement will be issued and the authorization for the initiation of construction will be given.

(Source: Amended at 30 Ill. Reg. 15590, effective September 18, 2006) Section 365.720 Project Changes

a) Prior approval ofby the Agency is required for any project change thatchanges which may: 1) Increase the amount of loan funds needed to complete the project; 2) Alter the design or scope of the project;




3) Alter the type of treatment to be provided; 34) Extend any contract or loancontractual completion date for the project; 45) Alter the location, size, capacity or quality of any major item of

equipment; or 56) Alter the scope of the project by changing the methodologies or personnel

to be used as agreed to at the time the loan was issuedis provided. b) The Agency will approveAgency's approval of project changes is based on, but

not limited to, changes that it determines are cost-effective and within the overall scope of the treatment works for which the loan projectwas issued, based on approved facilities planning.

c) The loan recipient shall promptly notify the Agency, in writing, of all project

changes. Failure on the part of the loan recipient to give timely notice of proposed project changes or action by the loan recipient that is not consistent with the Agency's determination on such changes may, in accordance with Section 365.310 (Noncompliance with Loan Procedures), result in: 1) Disallowance of loan participation for costs incurred thatwhich are

attributable to the change; and 2) Termination of the loan.

(Source: Amended at 30 Ill. Reg. 15590, effective September 18, 2006) Section 365.730 Construction Engineering The loan recipient shall provide construction engineering and project monitoring towill assure that the construction substantially conforms with the approved plans and specifications by providing adequate construction engineering and monitoring of the project.

(Source: Amended at 30 Ill. Reg. 15590, effective September 18, 2006) Section 365.740 Operation and Maintenance of the Project In order for theThe Agency toshall not approve the final inspection for the project, unless the loan recipient must certifyhas certified that it has provided the following training and operation




and maintenance documents: have been provided.

a) Training pertaining to the proper operation and maintenance of the equipment and process units included in thethis project.

b) An operation and maintenance reference library thatwhich includes, but is not

limited to, the following:

1) Manufacturer's literature, shop drawings and warranties; as well as maintenance schedule for the equipment and process units included in the project;

2) The plans of record with valve indices for the equipment and process units

included in the project. For mechanical wastewater treatment plants, the valve index shall include a listing of valve positions for each possible alternate flow configuration including by-passing of individual treatment processes and units and recommended configurations for emergency conditions that could reasonably be expected to occur; and

3) A maintenance schedule for the equipment and process units included in

the project.

c) Training pertaining to the general operation of treatment plants or collection systems consisting of an operator self-study course such as "Operation of Wastewater Treatment Plant", 1980, 2nd edition (three volumes) or "Operation and Maintenance of Wastewater Collection System", 1983, 1st edition, California State University, Department of Civil Engineering, Sacramento, California.


Section 365.750 Final Inspection The loan recipient shallmust notify the Agency in writing within 30 days afterof the completion of project construction and shall submit the final change order, along with the contractor's final costs, to the Agency. The plans of record shallmust be forwarded to the appropriate Agency regional office. The Agency shall schedule the final inspection within 60 days afterof the receipt of the notice of completion, provided that all necessary change orders have been submitted and approved by the Agency.





Section 365.760 Project Performance Certification (Repealed)

a) The loan recipient shall certify one year after the date of initiation of operation whether or not the wastewater treatment works meets the design specifications and effluent limitations contained in the loan agreement and National Pollutant Discharge Elimination System (NPDES) permit for the wastewater treatment works.

b) If the loan recipient cannot certify that the wastewater treatment works will meet

the design specifications and effluent limitations, a corrective action report must be submitted to the Agency within one year after initiation of operation. Failure to submit the report will subject the loan to penalties in accordance with Section 365.310 (Noncompliance with Loan Procedures).


SUBPART H: REQUIREMENTS APPLICABLE TO

ACCESS, AUDITING, AND RECORDS Section 365.810 Access

a) The Agency and itsany persons designated representativesby the Agency shall have access, during normal business hours and at any other time during which work is being performed, to the premises where any portion of the work for which the WPCLP loan was provided is being performed. After final loan closing,Subsequent to cessation of loan support, Agency personnel or any authorized Agency representative shall have access to the project records as defined in Section 365.820 (Audit and Records) of this Subpartbelow and to the project site during normal business hours, to the full extent of the loan recipient's right to access.

b) EveryAny contract entered into by the loan recipient for construction work, and

everyany subagreement, thereunder, shall provide Agencythe representatives of the Agency with access to the work. The contractor or subcontractor shallwill provide facilities for such access and inspection. TheSuch contract or subagreement shallmust also provide that the Agency or any authorized representative shall have access to any books, documents, papers, and records thatof the contractor or subcontractor which are pertinent to the project for the purpose of making audit, examination, excerpts, and transcriptions thereof.




c) FailureAny failure by the loan recipient or any of its contractors or

subcontractorscontractor or subcontractor of the loan recipient to provide access, as provided herein, after 10 days written notice from the Agency, shall be cause for termination of the loan pursuant to Section 365.330 (Termination) of this Part, and refund to the State of Illinois for deposit into the WPCLPFund any unexpended loan funds. In addition, anyrepayment of any loan funds previously expended by the loan recipient, contractor, or subcontractor found in noncompliance with this Section 365.810 shall repay any loan funds previously spentsection is required.


Section 365.820 Audit and Records

a) The loan recipient shall maintain books, records, documents, reports, and other evidentiary material and accounting procedures and practices consistent with generally accepted government accounting standards in accordance with the American Institute of Certified Public Accountants Professional Standards (666 Fifth Avenue, New York, New York 10019; June 1, 1987).

b) For purposes of this Section 365.820, records shall include, but not be limited to, the following: 1) Documentation of theThe receipt and disposition by the loan recipient of

all financial assistance received for the project, including both State financial assistance and any matching share or cost sharing; and

2) Documentation of theThe costs charged to the project, including all direct

and indirect costs of whatever nature incurred for the performance of the project for which the loan has been provided. The foregoing constitutes "records" for the purposes of this subsection.

cb) The loan recipient's facilities, or anysuch facilities as may be engaged in the

performance of the WPCLP loan project, for which the loan has been provided, and the loan recipient's records shall be subject at the times specified in Section 365.810 (Access) to inspection and audit by the Agency or itsany authorized representative, at the times specified in Section 365.810 (Access) of this Subpart.

dc) The loan recipient shall preserve and make itshis records available to the Agency




or itsany authorized representative for the following periods:. 1) For all costs associated with design and construction, for a 3 yearsyear

period after final loan closing; 2) For all other accounting records concerning the loan, for a 3 yearsyear

period from the date of the transaction; and 3) For anysuch longer period, if any, as is required by law applicable statute

or lawful requirement, or by subsections (ed) and (fe) below. ed) If thethis loan is terminated completely or partially terminated, the records

relating to the work terminated work shall be preserved and made available for a period of 3 years afterfrom the date of any resulting final termination settlement.

fe) Records thatwhich relate to appeals under the "Disputes" clause in Section

365.650 of this Part, of this loan, litigation or the settlement of claims arising out of the performance of the WPCLP loan project, for which this loan was provided, or to project costs and expenses of the project as to which exception has been taken by the Agency or any of its duly authorized representatives, shall be retained until thesuch appeals, litigation, claims, or exceptions have been completeddisposed.

gf) Failure of Any failure by the loan recipient or its contractors or subcontractorsany

contractor or subcontractor of the loan recipient to make records available to the Agency as required by Section 365.810 (Access) of this Subpart after 10 days written notice from the Agency, shall be cause for termination of the loan, pursuant to Section 365.330 (Termination) of this Part, and refund to the State of Illinois for deposit into the WPCLP ofFund any unexpended loan funds. In and, in addition, any thereto, refund of any loan funds previously expended by the loan recipient, contractor or subcontractor found in non-compliancecompliance with this Section 365.820 shall repay any loan funds previously spent.


Section 365.830 Single Audit Act The loan recipient shallmust comply with the provisions of the Single Audit Act of 19961984 (31 USCU.S.C. 7501 et seq.).





SUBPART I: FINANCIAL AND MANAGERIAL CAPABILITYREQUIREMENTS FOR SEWER USE ORDINANCE, USER CHARGES, FINANCIAL CAPABILITY, DEDICATED SOURCE OF REVENUE AND FLOODPLAIN INSURANCE

Section 365.910 Sewer Use Ordinance

a) In order for the loan agreement to be issued, the Agency must have approved theThe loan applicant'sapplicant must obtain Agency approval of its sewer use ordinance prior to the loan agreement with enactment of the ordinance required prior to the first loan disbursement. The loan applicant shall demonstrate to the satisfaction of the Agency that a sewer use ordinance or other legally binding requirement will be enacted and enforced prior to the first loan disbursement in each jurisdiction served by the treatment works project. The ordinance shall prohibit any connections from inflow sources into the sanitary sewer portions of the sewer system and shall ensure that new sewers and connections to the sewer system are properly designed and constructed.

b) The sewer use ordinance shall require:

1) Pretreatment of any industrial wastes thatwhich would otherwise be

detrimental to the wastewater treatment works or its proper and efficient operation and maintenance or will otherwise prevent entry of industrialsuch wastes into the wastewater treatment works; and

2) Compliance with 35 Ill. Adm. Code 310 (Pretreatment Programs).

c) The sewer use ordinance shall prohibit the introduction of industrial waste into the

sewer system until the requirements of Section 365.920 (User Charges) of this Subpart are met.


Section 365.920 User Charges

a) In order for the loan agreement to be issued, the Agency must have approved the loan applicant'sThe loan applicant must obtain approval by the Agency of its proposed system of user charges prior to the execution of the loan agreement. The user charge system must be enacted and enforceable beforeprior to the first




loan disbursement can be made. b) The Agency shall approve theAgency's approval of a user charge system will be

in accordance with the following criteria: 1) For loans issued prior to October 1, 2006, theThe user charge system must

result in the distribution of the cost of operation, maintenance and replacement of treatment works within the loan recipient's service area to each user (or user class) in proportion to thesuch user's contribution to the total wastewater loading of the wastewater treatment works. Factors such as strength, volume, and delivery flow rate characteristics shall be considered and included as the basis for the user's contribution to ensure a proportional distribution of operation, maintenance, and replacement costs to each user (or user class).

2) For the first year of operation of new facilities, operation, maintenance

and replacement costs shall be based upon past experience for existing wastewater treatment works or some other rational method that can be demonstrated to be applicable.

3) The loan recipient shall review user charges annually and revise the rates

periodically to reflect actual wastewater treatment works operation, maintenance, and replacement costs. The Agency may request a report on the status of the user charge system, including projected costs, actual costs, revenue generated and fund balances at any time.

4) The user charge system shallmust generate sufficient revenue to offset the

cost of all wastewater treatment works operation, maintenance and replacement required to be provided by the loan recipient.

5) The user charge system must be incorporated in one or more municipal

legislative enactments or other appropriate authorizationsauthority. If the project is for a regional treatment works accepting wastewaters from treatment works owned by others, then the subscribers receiving wastewater treatment services from the loan recipient shall have adopted user charge systems. TheSuch user charge systems shall also be incorporated in the appropriate municipal legislative enactments, intergovernmental or service agreements or other appropriate authorizationsauthority.




c) Upon approval of a loan recipient's system of user charges, the implementation and maintenance of the approved system shall become a condition of the loan subject to the provisions of Section 365.310 (Noncompliance with Loan Procedures) of this Parthereof.

d) The loan recipient must maintain records necessary to document compliance. The

loan recipient shall maintain such records in accordance with the provisions of the Local Records Act [50 ILCS 205].

de) The Agency or itsany authorized representative shall have access to allany books,

documents, papers, and records of the loan recipient which are applicable to the loan recipient's system of user charges for the purpose of making audit, examination, excerpts, and transcriptions in orderthereof to ensure compliance with the provisions of subsection (b) above.


Section 365.930 Financial Capability

a) The loan applicant shall demonstrate to the Agency that it haspossesses the necessary legal, financial, managerial and institutional capability to:

1) Constructconstruct, operate and maintain the project for the life of the

wastewater treatment works; and to 2) Retireretire the loan in accordance with the schedule to be contained in the

loan agreement, including the execution of any necessary intergovernmental agreements, enactment of a system of user charges and any legislative enactments necessary to recover adequate capital costs to repay the loan; and in accordance with the terms of the loan agreement. The loan applicant shall also demonstrate the ability to

3) Meetmeet any covenants and requirements in the loan agreement.

b) To demonstrate financial, managerial and institutional capability, the loan

applicant shall, at a minimum, show that it: 1) It is empoweredIs impowered under State law to own, operate and

maintain a public wastewatersewage treatment facility, including the facilities to be constructed under the loan;




2) It hasHas the necessary easements, titles, permits and intergovernmental

agreements for loan project implementation, as identified in the facilities plan; and

3) It hasHas or will have the necessary qualified personnel to operate and

maintain the facility. c) The financial capability demonstration shall be required and submitted to the

Agency for review and approval and shallmust contain detailed project costs, existing and proposed operation, maintenance and replacement costs, existing and proposed local capital costs and historical information over the past 3five years consisting of audited annual financial statements, bond ratings, numbers of users and tax rate levies.

d) The Agency may suggest mitigative measures to improve the loan applicant's

financial capability to undertake the project, including,. The mitigative measures may include but shall not be limited to,: acquisition of grant funding, reduction of project costs, additional or different sources of dedicated revenues, efforts to reduce the number of delinquent users, and changes to existing financial practices thatwhich may threaten generation of adequate revenues.

e) The Agency may require a loan term of less than the 20 year maximum. In

evaluating the appropriateness of alternative loan terms, the Agency shall consider such factors asconsiderations shall include, but not be limited to, the scope of the proposed project, the impacts of alternative loan terms on user fees, and the overall cost of the project.


Section 365.940 Dedicated Source of Revenue

a) A source of revenue shall be dedicated and pledged to make the loan repayments. Prior to loan approval, theThe Agency shallwill review the proposed dedicated and pledged revenue source to assuredetermine that it will generate revenues adequate to make the loan repayments and will provide a continuing source of revenue adequate to make loan repayments for the term of the loan, prior to loan approval. If thethat source of revenue is pledged in a subordinate position to a revenue bond ordinance, the convenants regarding coverage and reserve for the revenue source shall be equivalentidentical to those in the revenue bond




ordinance. At a minimum, the reserve account shall be equal to the annual principal and interest payment funded within 2 years after the loan award.that ordinance.

b) The loan applicant shall make the necessary legislative enactments to dedicate

and pledge the source of revenue must be in place before the Agency can make, prior to the first loan disbursement.

c) The loan recipient shall maintain a separate account in its books to record the

dedicated revenues for loan repayment.The loan applicant shall establish an account, maintained by a bank or trust, which is restricted to use for loan repayment, in which to deposit the dedicated revenues prior to the time of the first loan disbursement.

d) The loan recipientapplicant shall, for the term of the loan, review and adjust the

dedicated source of revenue as necessary, to provide adequate funds for the repayment of the loan. The loan recipient shall timely notify the Agency and submit to, for the Agency forAgency's subsequent approval, all proposed changes to the dedicated source of revenue.

e) Upon request, theThe loan recipient shall submit to the Agency upon request a

statement on the status of the restricted account required by subsection (c) that containsafter initiation of the loan repayment period. This statement shall contain the status of the dedicated revenue account, including the projected revenues, actual revenues fund balance, debt service obligations and other requirements of the loan agreement. The Agency's review shallapproval will be based on, but not limited to, ensuring that the revised dedicated source of revenue is legally authorizedlegal, generates sufficient revenue and is otherwise is in accordance with this Part 365.

f) In the event that the actual revenues fall short of the amount required to retire the

loandebt, the Agency shallwill require the loan recipient to re-examine the dedicated revenue source to be re-examined and restructure itrestructured, as necessary.


Section 365.950 Floodplain Insurance

a) If the loan project includes insurable structures thatwhich will be located within a




designated floodplain area as defined inpursuant to the National Flood Insurance Act of 1968 (42 USCU.S.C. 4001-4127), the loan recipient shallmust furnish written evidence that it is participating in the National Flood Insurance Program or thatthe construction areas have receivedbeen given official exclusion from the flood insurance requirements by the Federal Emergency Management Agency.

b) The loan recipient (or the construction contractor, as appropriate) shall acquire

any flood insurance made available to it under the National Flood Insurance Act of 1968, as amended, and maintain thesuch insurance for the entire useful life of the insurable structures.

c) The amount of insurance required shall be the lesser ofis the total project cost,

excluding facilities thatwhich are uninsurable under the National Flood Insurance Program, or the maximum limit of coverage made available to the loan recipient under the National Flood Insurance Act of 1968, whichever is less.

d) The required insurance premium for the period of construction shall beis an

allowable project cost under Section 365.1010 (Determination of Allowable Costs) of this Part.


SUBPART J: REQUIREMENTS APPLICABLE TO LOAN DISBURSEMENTS

DISBURSEMENT OF LOANS TO RECIPIENTS Section 365.1010 Determination of Allowable Costs The loan recipient shallwill be paid, upon request, in accordance with Section 365.1030 (Disbursement of Loan Funds) of this Subpart, for all costs within the scope of the approved project, not to exceed the total amount of the loan, provided and that are determined to be allowable in accordance with the following criteria:

a) Allowable Project Costs All reasonable and necessary costs directly attributable to the design and

construction of an eligible, loan assisted wastewater treatment works project that areif not excluded fromforbidden for loan funding by legislation or non-waivable regulationsregulation. Categories of necessary costs may include, but are not limited to, the following: 1) The direct purchase of materials, equipment and personal services




specifically necessary for the completion of a loan funded project; 2) Professional and consultant services contracts necessary for design,

bidding, and construction, and project performance certification of a loan funded project, except as elsewhere limited by this Part 365;

3) Costs under approved construction contracts; and 4) Costs for premiumsrequired insurance premium for required

floodfloodplain insurance during the project construction period. b) Ineligible Costs Categories of cost that areCertain costs which may be related to construction of a

treatment works are categorically ineligible for loan assistance, and are not subject to the allowability test of "reasonable and necessary." test of allowability include, but are not limited to, the following: 1) Cost for preparing a facilitiesFacilities planning documentcosts; 2) Cost for basinBasin or areawide planning other than facilities planning; 3) Costs outside the scope of the approved facilities plan; 4) Site acquisition, including easement compensation, except in those

instances where the land itself shall serve as the medium for treatment (e.g., land for spray irrigation of wastewater); and

5) Collector sewers with wastewater capacity in excess of existing or planned

treatment plant capacity; and 56) Construction of any facilities thatwhich do not clearly comply with the

definition of a "treatment works" as contained in Section 212 of the Clean Water Act.

c) Disputes Concerning Allowable Costs The loan recipient shall seek to resolve any questions relating to cost allowability

or allocation at theits earliest opportunity. Final determinations by the Director concerning the allowability of costs shall be conclusive.





Section 365.1020 Use of Loan Funds and Payment of Unallowable Costs

a) Loan fundsThe loan shall be expended solely for approved allowable costs incurred in the design and construction of the project.

b) The loan recipient shall agreeagrees to pay the unallowable costs associated with

the project, as well as and all allowable costs thatof the project which exceed the amount of the loan, and shall construct the project, or cause it to be constructed to final completion in accordance with the plans and specifications and on the schedule approved by the Agency for the project.

c) The loan recipient shall commitcommits itself to complete the construction of the

operable wastewater treatment works. (Source: Amended at 30 Ill. Reg. 15590, effective September 18, 2006)

Section 365.1030 Disbursement of Loan Funds

a) Disbursements are subject to the appropriation of funds by the General Assembly and the availability of cash deposited into the WPCLP from drawdowns from the USEPA Automated Clearing House, State matching funds, repayments of existing loans, interest earnings on money in the WPCLP, and money deposited into the WPCLP from other sources.following: 1) Release of funds by the USEPA; 2) Appropriation of funds by the Illinois General Assembly, and deposit into

the Fund; and 3) Receipt of loan repayments.

b) Disbursements shall be made as follows:Disbursement may be requested in

accordance with the following: 1) After the receipt of a fully executed loan agreement, by the Agency,

disbursement requests must be sent directly to the Agency. Actualand disbursements shall be processed to the loan recipient in accordance with the provisions of the loan agreement.




2) Disbursements will be processed based on costs incurred that are due and payable, as evidenced by invoices, no more often than monthly. The Agency may withhold any disbursementAny payment may be withheld for a violation of the loan agreement conditions.

c) Under emergency situations that cause serious cash flow problems, the Agency

may process additional disbursements as needed. cd) The loan recipient shall make prompt payment to the contractor. de) The State share of any refunds, rebates, credits, or other amounts (including any

interest thereof) accruing to or received by the loan recipient with respect to the project, to the extent that they are properly allocable to costs for which loan funds have been disbursed must be paid, to the State of Illinois for deposit in the Fund minus any reasonable expenses incurred in securing these funds, to the State of Illinois for deposit in the WPCLP.

ef) BeforeThe following is required prior to the establishment of the final principal

amount of the loan can be established: 1) The Agency shallwill conduct a final audit, final inspection, and a project

review to insure that all applicable loan conditions have been satisfied; and

2) The loan recipient must submit to the Agencyshall have a final waiver

from the contractor and a Certification of Payment that all bills have been paid.

fg) The loan recipient must also submit a release at this time, discharging the State of

Illinois, its officers, agents, and employees from all liabilities, obligations, and claims arising out of the project work or under the loan, subject only to such exceptions which may be specified in the release.

gh) Any use of loan funds at variance with this Part 365 shallwill result in repayment

of those loan funds to the State of Illinois for deposit into the WPCLPFund. (Source: Amended at 30 Ill. Reg. 15590, effective September 18, 2006)

SUBPART K: PROCEDURES FOR LOAN REPAYMENT

AND DELINQUENT REPAYMENT




Section 365.1110 Loan Repayment to the Agency Loan repayment to the Agency shallmust be in accordance with the loan repayment repayment provisionsschedule contained in the loan agreement.

a) Loan repayments shallas determined by the Agency will commence not later than six (6) months after the initiation of the loan repayment period and shallwill be due semi-annually unless the Agency determines that the dedicated source of revenue justifies an alternative repayment plan.

b) After theSubsequent to the established initiation of the loan repayment period

date in the loan agreement, the Agency shall setestablish a principal amount and givenotify the loan recipient of an interim repayment schedule.

c) After a final cost review of the project, the Agency shall establish the final

principal amount and givenotify the loan recipient of a final repayment schedule. (Source: Amended at 30 Ill. Reg. 15590, effective September 18, 2006)

Section 365.1120 Delinquent Loan Repayments

a) In the event that a timely payment is not made by a loan recipient according to the loan schedule of repayment, the loan recipient shall notify the Agency in writing within 15 days after the payment due date. The notification shall include a statement of the reasons the payment was not timely tendered, the circumstances under which the late payments will be satisfied, and binding commitments to assure future payments. After receipt of this notification, the Agency shall confirm in writing the acceptability of the plan or take action in accordance with subsection (b) of this Section.

b) In the event that a loan recipient fails to comply with subsection (a) of this

Section, the Agency shall promptly issue a notice of delinquency to the loan recipient which shall require a written response within 15 days. The notice of delinquency shall require that the loan recipient revise its rates, fees and charges to meet its obligations or take other specified actions as may be appropriate to remedy the delinquency and to assure future payments.

c) In the event that the loan recipient fails to timely or adequately respond to a

notice of delinquency, or fails to meet its obligations made pursuant to




subsections (a) and (b) of this Section, the Agency shall pursue the collection of the amounts past due, the outstanding loan balance and the costs thereby incurred, either pursuant to the Illinois State Collection Act of 1986 [30 ILCS 210] or by any other reasonable means as may be provided by law, including the taking of title by foreclosure or otherwise to any project or other property pledged, mortgaged, encumbered, or otherwise available as security or collateral. [415 ILCS 5/19.6]

a) In the event that a repayment is not made by a loan recipient according to the loan

schedule of repayment, the loan recipient shall notify the Agency in writing within 15 days after the repayment due date. The notification shall include a statement for the reasons the repayment was not timely tendered, the circumstances under which the late repayment will be satisfied, and binding commitments to assure future repayments. After receipt of this notification, the Agency shall confirm in writing the acceptability of the plan or take action in accordance with subsection (b) below.

b) In the event that a loan recipient fails to comply with subsection (a) above, the

Agency shall promptly issue a notice of delinquency to the loan recipient which shall require a written response within 30 days. The notice of delinquency shall require that the loan recipient revise its rates, fees and charges to meet its obligations or take other specified actions as may be appropriate to remedy the delinquency and to assure future repayments.

c) In the event that the loan recipient fails to timely or adequately respond to a notice

of delinquency, or fails to meet its obligations made pursuant to subsections (a) and (b) above, the Agency shall pursue the collection of the amounts past due, the outstanding loan balance and the costs thereby incurred, either pursuant to the Illinois State Collection Act of 1986 [30 ILCS 210] or by any other reasonable means as may be provided by law.





Section 365.APPENDIX A Executive Orders Section 365.EXHIBIT C Executive Order 12549

February 18, 1986, 51 F.R. 6730

DEBARMENT AND SUSPENSION

By the authority vested in me as President by the Constitution and laws of the United States of America, and in order to curb fraud, waste, and abuse in Federal programs, increase agency accountability, and ensure consistency among agency regulations concerning debarment and suspension of participants in Federal programs, it is hereby ordered that:

Section 1. a) To the extent permitted by law and subject to the limitations in Section 1(c),

Executive departments and agencies shall participate in a system for debarment and suspension from programs and activities involving Federal financial and nonfinancial assistance and benefits. Debarment or suspension of a participant in a program by one agency shall have government-wide effect.

b) Activities covered by this Order include but are not limited to: grants,

cooperative agreements, contracts of assistance, loans, and loan guarantees. c) This Order does not cover procurement programs and activities, direct Federal

statutory entitlements or mandatory awards, direct awards to foreign governments or public international organizations, benefits to an individual as a personal entitlement, or Federal employment.

Section 2. To the extent permitted by law, Executive departments and agencies shall: a) Follow government-wide criteria and government-wide minimum due process

procedures when they act to debar or suspend participants in affected programs. b) Send to the agency designated pursuant to Section 5 identifying information

concerning debarred and suspended participants in affected programs, participants who have agreed to exclusion from participation, and participants declared ineligible under applicable law, including Executive Orders. This information shall be included in the list to be maintained pursuant to Section 5.




c) Not allow a party to participate in any affected program if any Executive department or agency has debarred, suspended or otherwise excluded (to the extent specified in the exclusion agreement) that party from participation in an affected program. An agency may grant an exception permitting a debarred, suspended, or excluded party to participate in a particular transaction upon a written determination by the agency head or authorized designee stating the reason(s) for deviating from this Presidential policy. However, I intend that exceptions to this policy should be granted only infrequently.

Section 3. Executive departments and agencies shall issue regulations governing their implementation of this Order that shall be consistent with the guidelines issued under Section 6. Proposed regulations shall be submitted to the Office of Management and Budget for review within four months of the date of the guidelines issued under Section 6. The Director of the Office of Management and Budget may return for reconsideration proposed regulations that the Director believes are inconsistent with the guidelines. Final regulations shall be published within twelve months of the date of the guidelines. Section 4. There is hereby constituted the Interagency Committee on Debarment and Suspension, which shall monitor implementation of this Order. The Committee shall consist of representatives of agencies designated by the Director of the Office of Management and Budget. Section 5. The Director of the Office of Management and Budget shall designate a Federal agency to perform the following functions: maintain a current list of all individuals and organizations excluded from program participation under this Order, periodically distribute the list to Federal agencies, and study the feasibility of automating the list; coordinate with the lead agency responsible for government-wide debarment and suspension of contractors; chair the Interagency Committee established by Section 4; and report periodically to the Director on implementation of this Order, with the first report due within two years of the date of the Order. Section 6. The Director of the Office of Management and Budget is authorized to issue guidelines to Executive departments and agencies that govern which programs and activities are covered by this Order, prescribe government-wide criteria and government-wide minimum due process procedures, and set forth other related details for the effective administration of the guidelines. Section 7. The Director of the Office of Management and Budget shall report to the President within three years of the date of this Order on Federal agency compliance with the Order, including the number of exceptions made under Section 2(c), and shall make




such recommendations as are appropriate further to curb fraud, waste, and abuse.

THE WHITE HOUSE RONALD REAGAN February 18, 1986May 18, 1979





Section 365.APPENDIX A Executive Orders Section 365.EXHIBIT D Executive Order 11246

EQUAL EMPLOYMENT OPPORTUNITY EXECUTIVE ORDER 11246, AS AMENDED

Executive Order 11246 − Equal Employment Opportunity Under and by virtue of the authority vested in me as President of the United States by the Constitution and statutes of the United States, it is ordered as follows: Part I − Nondiscrimination in Government Employment Part II − Nondiscrimination in Employment by Government Contractors and Subcontractors Subpart A − Duties of the Secretary of Labor SEC. 201. The Secretary of Labor shall be responsible for the administration and enforcement of Parts II and III of this Order. The Secretary shall adopt such rules and regulations and issue such orders as are deemed necessary and appropriate to achieve the purposes of Parts II and III of this Order. Subpart B − Contractors' Agreements SEC. 202. Except in contracts exempted in accordance with Section 204 of this Order, all Government contracting agencies shall include in every Government contract hereafter entered into the following provisions: During the performance of this contract, the contractor agrees as follows: 1) The contractor will not discriminate against any employee or applicant for employment

because of race, color, religion, sex, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex or national origin. Such action shall include, but not be limited to the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to




employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause.

2) The contractor will, in all solicitations or advancements for employees placed by or on

behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex or national origin.

3) The contractor will send to each labor union or representative of workers with which he

has a collective bargaining agreement or other contract or understanding, a notice, to be provided by the agency contracting officer, advising the labor union or workers' representative of the contractor's commitments under Section 202 of Executive Order No. 11246 of September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants for employment.

4) The contractor will comply with all provisions of Executive Order No. 11246 of Sept. 24,

1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. 5) The contractor will furnish all information and reports required by Executive Order No.

11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the contracting agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders.

6) In the event of the contractor's noncompliance with the nondiscrimination clauses of this

contract or with any of such rules, regulations, or orders, this contract may be cancelled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts in accordance with procedures authorized in Executive Order No. 11246 of Sept. 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order No. 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law.

7) The contractor will include the provisions of paragraphs (1) through (7) in every

subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order No. 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor win take such action with respect to any subcontract or purchase order as may be directed by the Secretary of Labor as a means of enforcing such provisions including sanctions for noncompliance: Provided, however, that in the event the contractor becomes involved in, or is threatened with, litigation with a subcontractor




or vendor as a result of such direction, the contractor may request the United States to enter into such litigation to protect the interests of the United States.

SEC. 203. Each contractor having a contract containing the provisions prescribed in Section 202 shall file, and shall cause each of his subcontractors to file, Compliance Reports with the contracting agency or the Secretary of Labor as may be directed. Compliance Reports shall be filed within such times and shall contain such information as to the practices, policies, programs, and employment policies, programs, and employment statistics of the contractor and each subcontractor, and shall be in such form, as the Secretary of Labor may prescribe. a) Bidders or prospective contractors or subcontractors may be required to state whether

they have participated in any previous contract subject to the provisions of this Order, or any preceding similar Executive order, and in that event to submit, on behalf of themselves and their proposed subcontractors, Compliance Reports prior to or as an initial part of their bid or negotiation of a contract.

b) Whenever the contractor or subcontractor has a collective bargaining agreement or other

contract or understanding with a labor union or an agency referring workers or providing or supervising apprenticeship or training for such workers, the Compliance Report shall include such information as to such labor union's or agency's practices and policies affecting compliance as the Secretary of Labor may prescribe: Provided, That to the extent such information is within the exclusive possession of a labor union or an agency referring workers or providing or supervising apprenticeship or training and such labor union or agency shall refuse to furnish such information to the contractor, the contractor shall so certify to the Secretary of Labor as part of its Compliance Report and shall set forth what efforts he has made to obtain such information.

c) The Secretary of Labor may direct that any bidder or prospective contractor or

subcontractor shall submit, as part of his Compliance Report, a statement in writing, signed by an authorized officer or agent on behalf of any labor union or any agency referring workers or providing or supervising apprenticeship or other training, with which the bidder or prospective contractor deals, with supporting information, to the effect that the signer's practices and policies do not discriminate on the grounds of race, color, religion, sex or national origin, and that the signer either will affirmatively cooperate in the implementation of the policy and provisions of this Order or that it consents and agrees that recruitment, employment, and the terms and conditions of employment under the proposed contract shall be in accordance with the purposes and provisions of the order. In the event that the union, or the agency shall refuse to execute such a statement, the Compliance Report shall so certify and set forth what efforts have




been made to secure such a statement and such additional factual material as the Secretary of Labor may require.

SEC. 204. The Secretary of Labor may, when he/she deems that special circumstances in the national interest so require, exempt a contracting agency from the requirement of including any or all of the provisions of Section 202 of this Order in any specific contract, subcontract, or purchase order. The Secretary of Labor may, by rule or regulation, also exempt certain classes of contracts, subcontracts, or purchase orders (1) whenever work is to be or has been performed outside the United States and no recruitment of workers within the limits of the United States is involved; (2) for standard commercial supplies or raw materials; (3) involving less than specified amounts of money or specified numbers of workers; or (4) to the extent that they involve subcontracts below a specified tier. The Secretary of Labor may also provide, by rule, regulation, or order, for the exemption of facilities of a contractor which are in all respects separate and distinct from activities of the contractor related to the performance of the contract: Provided, That such an exemption will not interfere with or impede the effectuation of the purposes of this Order: And provided further, That in the absence of such an exemption, all facilities shall be covered by the provisions of this Order. Subpart C − Powers and Duties of the Secretary of Labor and the Contracting Agencies SEC. 205. The Secretary of Labor shall be responsible for securing compliance by all Government contractors and subcontractors with this Order and any implementing rules or regulations. All contracting agencies shall comply with the terms of this Order and any implementing rules, regulations, or orders of the Secretary of Labor. Contracting agencies shall cooperate with the Secretary of Labor and shall furnish such information and assistance as the Secretary may require. SEC. 206. The Secretary of Labor may investigate the employment practices of any Government contractor or subcontractor to determine whether or not the contractual provisions specified in Section 202 of this Order have been violated. Such investigation shall be conducted in accordance with the procedures established by the Secretary of Labor.

a) The Secretary of Labor may receive and investigate complaints by employees or prospective employees of a Government contractor or subcontractor which allege discrimination contrary to the contractual provisions specified in Section 202 of this Order.

SEC. 207. The Secretary of Labor shall use his/her best efforts, directly and through interested Federal, State, and local agencies, contractors, and all other available instrumentalities to cause any labor union engaged in work under Government contracts or any agency referring workers or




providing or supervising apprenticeship or training for or in the course of such work to cooperate in the implementation of the purposes of this Order. The Secretary of Labor shall, in appropriate cases, notify the Equal Employment Opportunity Commission, the Department of Justice, or other appropriate Federal agencies whenever it has reason to believe that the practices of any such labor organization or agency violate Title VI or Title VII of the Civil Rights Act of 1964 or other provision of Federal law. SEC. 208. The Secretary of Labor, or any agency, officer, or employee in the executive branch of the Government designated by rule, regulation, or order of the Secretary, may hold such hearings, public or private, as the Secretary may deem advisable for compliance, enforcement, or educational purposes.

a) The Secretary of Labor may hold, or cause to be held, hearings in accordance with Subsection of this Section prior to imposing, ordering, or recommending the imposition of penalties and sanctions under this Order. No order for debarment of any contractor from further Government contracts under Section 209(6) shall be made without affording the contractor an opportunity for a hearing.

Subpart D − Sanctions and Penalties SEC. 209. In accordance with such rules, regulations, or orders as the Secretary of Labor may issue or adopt, the Secretary may:

1) Publish, or cause to be published, the names of contractors or unions which it has concluded have complied or have failed to comply with the provisions of this Order or of the rules, regulations, and orders of the Secretary of Labor.

2) Recommend to the Department of Justice that, in cases in which there is

substantial or material violation or the threat of substantial or material violation of the contractual provisions set forth in Section 202 of this Order, appropriate proceedings be brought to enforce those provisions, including the enjoining, within the limitations of applicable law, of organizations, individuals, or groups who prevent directly or indirectly, or seek to prevent directly or indirectly, compliance with the provisions of this Order.

3) Recommend to the Equal Employment Opportunity Commission or the

Department of Justice that appropriate proceedings be instituted under Title VII of the Civil Rights Act of 1964.




4) Recommend to the Department of Justice that criminal proceedings be brought for the furnishing of false information to any contracting agency or to the Secretary of Labor as the case may be.

5) After consulting with the contracting agency, direct the contracting agency to

cancel, terminate, suspend, or cause to be cancelled, terminated, or suspended, any contract, or any portion or portions thereof, for failure of the contractor or subcontractor to comply with equal employment opportunity provisions of the contract. Contracts may be cancelled, terminated, or suspended absolutely or continuance of contracts may be conditioned upon a program for future compliance approved by the Secretary of Labor.

6) Provide that any contracting agency shall refrain from entering into further

contracts, or extensions or other modifications of existing contracts, with any noncomplying contractor, until such contractor has satisfied the Secretary of Labor that such contractor has established and will carry out personnel and employment policies in compliance with the provisions of this Order.

7) Pursuant to rules and regulations prescribed by the Secretary of Labor, the

Secretary shall make reasonable efforts, within a reasonable time limitation, to secure compliance with the contract provisions of this Order by methods of conference, conciliation, mediation, and persuasion before proceedings shall be instituted under subsection (a)(2) of this Section, or before a contract shall be cancelled or terminated in whole or in part under subsection (a)(5) of this Section.

SEC. 210. Whenever the Secretary of Labor makes a determination under Section 209, the Secretary shall promptly notify the appropriate agency. The agency shall take the action directed by the Secretary and shall report the results of the action it has taken to the Secretary of Labor within such time as the Secretary shall specify. If the contracting agency fails to take the action directed within thirty days, the Secretary may take the action directly. SEC. 211. If the Secretary shall so direct, contracting agencies shall not enter into contracts with any bidder or prospective contractor unless the bidder or prospective contractor has satisfactorily complied with the provisions of this Order or submits a program for compliance acceptable to the Secretary of Labor. SEC. 212. When a contract has been cancelled or terminated under Section 209(a)(5) or a contractor has been debarred from further Government contracts under Section 209(a)(6) of this Order, because of noncompliance with the contract provisions specified in Section 202 of this Order, the Secretary of Labor shall promptly notify the Comptroller General of the United States.




Subpart E − Certificates of Merit SEC. 213. The Secretary of Labor may provide for issuance of a United States Government Certificate of Merit to employers or labor unions, or other agencies which are or may hereafter be engaged in work under Government contracts, if the Secretary is satisfied that the personnel and employment practices of the employer, or that the personnel, training, apprenticeship, membership, grievance and representation, upgrading, and other practices and policies of the labor union or other agency conform to the purposes and provisions of this Order. SEC. 214. Any Certificate of Merit may at any time be suspended or revoked by the Secretary of Labor if the holder thereof, in the judgment of the Secretary, has failed to comply with the provisions of this Order. SEC. 215. The Secretary of Labor may provide for the exemption of any employer, labor union, or other agency from any reporting requirements imposed under or pursuant to this Order if such employer, labor union, or other agency has been awarded a Certificate of Merit which has not been suspended or revoked. Part III − Nondiscrimination Provisions in Federally Assisted Construction Contracts SEC. 301. Each executive department and agency, which administers a program involving Federal financial assistance shall require as a condition for the approval of any grant, contract, loan, insurance, or guarantee thereunder, which may involve a construction contract, that the applicant for Federal assistance undertake and agree to incorporate, or cause to be incorporated, into all construction contracts paid for in whole or in part with funds obtained from the Federal Government or borrowed on the credit of the Federal Government pursuant to such grant, contract, loan, insurance, or guarantee, or undertaken pursuant to any Federal program involving such grant, contract, loan, insurance, or guarantee, the provisions prescribed for Government contracts by Section 202 of this Order or such modification thereof, preserving in substance the contractor's obligations thereunder, as may be approved by the Secretary of Labor, together with such additional provisions as the Secretary deems appropriate to establish and protect the interest of the United States in the enforcement of those obligations. Each such applicant shall also undertake and agree (1) to assist and cooperate actively with the Secretary of Labor in obtaining the compliance of contractors and subcontractors with those contract provisions and with the rules, regulations and relevant orders of the Secretary, (2) to obtain and to furnish to the Secretary of Labor such information as the Secretary may require for the supervision of such compliance, (3) to carry out sanctions and penalties for violation of such obligations imposed upon contractors and subcontractors by the Secretary of Labor pursuant to Part II, Subpart D, of this Order, and (4) to refrain from entering into any contract subject to this Order, or extension or




other modification of such a contract with a contractor debarred from Government contracts under Part II, Subpart D, of this Order. SEC. 302. "Construction contract" as used in this Order means any contract for the construction, rehabilitation, alteration, conversion, extension, or repair of buildings, highways, or other improvements to real property.

a) The provisions of Part II of this Order shall apply to such construction contracts, and for purposes of such application the administering department or agency shall be considered the contracting agency referred to therein.

b) The term "applicant" as used in this Order means an applicant for Federal

assistance or, as determined by agency regulation, other program participant, with respect to whom an application for any grant, contract, loan, insurance, or guarantee is not finally acted upon prior to the effective date of this Part, and it includes such an applicant after he/she becomes a recipient of such Federal assistance.

SEC. 303. The Secretary of Labor shall be responsible for obtaining the compliance of such applicants with their undertakings under this Order. Each administering department and agency is directed to cooperate with the Secretary of Labor and to furnish the Secretary such information and assistance as the Secretary may require in the performance of the Secretary's functions under this Order. a) In the event an applicant fails and refuses to comply with the applicant's undertakings

pursuant to this Order, the Secretary of Labor may, after consulting with the administering department or agency, take any or all of the following actions: (1) direct any administering department or agency to cancel, terminate, or suspend in whole or in part the agreement, contract or other arrangement with such applicant with respect to which the failure or refusal occurred; (2) direct any administering department or agency to refrain from extending any further assistance to the applicant under the program with respect to which the failure or refusal occurred until satisfactory assurance of future compliance has been received by the Secretary of Labor from such applicant; and (3) refer the case to the Department of Justice or the Equal Employment Opportunity Commission for appropriate law enforcement or other proceedings.

b) In no case shall action be taken with respect to an applicant pursuant to clause (1) or (2)

of subsection (b) without notice and opportunity for hearing.




SEC. 304. Any executive department or agency which imposes by rule, regulation, or order requirements of nondiscrimination in employment, other than requirements imposed pursuant to this Order, may delegate to the Secretary of Labor by agreement such responsibilities with respect to compliance standards, reports, and procedures as would tend to bring the administration of such requirements into conformity with the administration of requirements imposed under this Order: Provided, That actions to effect compliance by recipients of Federal financial assistance with requirements imposed pursuant to Title VI of the Civil Rights Act of 1964 shall be taken in conformity with the procedures and limitations prescribed in Section 602 thereof and the regulations of the administering department or agency issued thereunder. Part IV – Miscellaneous SEC. 401. The Secretary of Labor may delegate to any officer, agency, or employee in the Executive branch of the Government, any function or duty of the Secretary under Parts II and III of this Order. [Sec. 401 amended by EO 12086 of Oct. 5, l978, 43 FR 46501, 3 CFR, 1978 Comp., p. 230] SEC. 402. The Secretary of Labor shall provide administrative support for the execution of the program known as the "Plans for Progress." SEC. 403. Executive Orders Nos. 10590 (January 19, 1955), 10722 (August 5, 1957), 10925 (March 6, 1961), 11114 (June 22, 1963), and 11162 (July 28, 1964), are hereby superseded and the President's Committee on Equal Employment Opportunity established by Executive Order No. 10925 is hereby abolished. All records and property in the custody of the Committee shall be transferred to the Office of Personnel Management and the Secretary of Labor, as appropriate. a) Nothing in this Order shall be deemed to relieve any person of any obligation assumed or

imposed under or pursuant to any Executive Order superseded by this Order. All rules, regulations, orders, instructions, designations, and other directives issued by the President's Committee on Equal Employment Opportunity and those issued by the heads of various departments or agencies under or pursuant to any of the Executive orders superseded by this Order, shall, to the extent that they are not inconsistent with this Order, remain in full force and effect unless and until revoked or superseded by appropriate authority. References in such directives to provisions of the superseded orders shall be deemed to be references to the comparable provisions of this Order.

[Sec. 403 amended by EO 12107 of Dec. 28, 1978, 44 FR 1055, 3 CFR, 1978 Comp., p. 264]




SEC. 404. The General Services Administration shall take appropriate action to revise the standard Government contract forms to accord with the provisions of this Order and of the rules and regulations of the Secretary of Labor. SEC. 405. This Order shall become effective thirty days after the date of this Order.

(Source: Added at 30 Ill. Reg. 15590, effective September 18, 2006)


DEPARTMENT OF HUMAN SERVICES

NOTICE OF ADOPTED AMENDMENT

1) Heading of the Part: Food Stamps 2) Code Citation: 89 Ill. Adm. Code 121 3) Section Number: Adopted Action:

121.63 Amendment 4) Statutory Authority: Implementing Sections 12-4.4 through 12-4.6 and authorized by

Section 12-13 of the Illinois Pubic Aid Code [305 ILCS 5/12-4.4 through 12-4.6 and 12-13]

5) Effective date of amendment: September 12, 2006 6) Does this rulemaking contain an automatic repeal date? No 7) Do this amendment contain any incorporations by reference? No 8) A copy of the adopted amendment, including any material incorporated by reference, is

on file in the agency's principal office and is available for public inspection. 9) Notice of Proposed Amendment was Published in Illinois Register: April 21, 2006; 30

Ill. Reg. 6673 10) Has JCAR issued a Statement of Objection to this amendment? No 11) Difference between proposal and final version: No changes were made in the text of the

proposed amendment.

12) Have all the changes agreed upon by the agency and JCAR been made as indicated in the agreements issued by JCAR? No agreements were necessary.

13) Will this amendment replace any emergency amendments currently in effect? No. The

companion emergency rulemaking expired on September 2, 2006. 14) Are there any other amendments pending on this Part: No 15) Summary and purpose of amendment: This rulemaking provides a substantial increase in

the State air conditioning/heating standard utility allowance and the limited standard utility allowance. This rulemaking increases the State air conditioning/heating standard utility allowance to $299 and the limited standard utility allowance to $165. USDA's




Food and Nutrition Services has approved these changes as a result of Consumer Price Index data reflecting a 22% increase in the cost of natural gas.

16) Information and questions regarding this adopted amendment shall be directed to: Tracie Drew, Bureau Chief Bureau of Administrative Rules and Procedures Department of Human Services 100 South Grand Avenue East Harris Bldg., 3rd Floor Springfield, Illinois 62762

217/785-9772 The full text of Adopted Amendment begins on the next page:




TITLE 89: SOCIAL SERVICES CHAPTER IV: DEPARTMENT OF HUMAN SERVICES

SUBCHAPTER b: ASSISTANCE PROGRAMS

PART 121 FOOD STAMPS

SUBPART A: APPLICATION PROCEDURES

Section 121.1 Application for Assistance 121.2 Time Limitations on the Disposition of an Application 121.3 Approval of an Application and Initial Authorization of Assistance 121.4 Denial of an Application 121.5 Client Cooperation 121.6 Emergency Assistance 121.7 Expedited Service 121.10 Interviews

SUBPART B: NON-FINANCIAL FACTORS OF ELIGIBILITY

Section 121.18 Work Requirement 121.19 Ending a Voluntary Quit Disqualification (Repealed) 121.20 Citizenship 121.21 Residence 121.22 Social Security Numbers 121.23 Work Registration/Participation Requirements 121.24 Individuals Exempt from Work Registration Requirements 121.25 Failure to Comply with Work Provisions 121.26 Period of Sanction 121.27 Voluntary Job Quit/Reduction in Work Hours 121.28 Good Cause for Voluntary Job Quit/Reduction in Work Hours 121.29 Exemptions from Voluntary Quit/Reduction in Work Hours Rules

SUBPART C: FINANCIAL FACTORS OF ELIGIBILITY

Section 121.30 Unearned Income 121.31 Exempt Unearned Income




121.32 Education Benefits (Repealed) 121.33 Unearned Income In-Kind 121.34 Lump Sum Payments and Income Tax Refunds 121.40 Earned Income 121.41 Budgeting Earned Income 121.50 Exempt Earned Income 121.51 Income from Work/Study/Training Programs 121.52 Earned Income from Roomer and Boarder 121.53 Income From Rental Property 121.54 Earned Income In-Kind 121.55 Sponsors of Aliens 121.57 Assets 121.58 Exempt Assets 121.59 Asset Disregards

SUBPART D: ELIGIBILITY STANDARDS

Section 121.60 Net Monthly Income Eligibility Standards 121.61 Gross Monthly Income Eligibility Standards 121.62 Income Which Must Be Annualized 121.63 Deductions from Monthly Income 121.64 Food Stamp Benefit Amount

SUBPART E: HOUSEHOLD CONCEPT

Section 121.70 Composition of the Assistance Unit 121.71 Living Arrangement 121.72 Nonhousehold Members 121.73 Ineligible Household Members 121.74 Strikers 121.75 Students 121.76 Households Receiving AFDC, SSI, Interim Assistance and/or GA – Categorical

Eligibility

SUBPART F: MISCELLANEOUS PROGRAM PROVISIONS

Section 121.80 Fraud Disqualification (Renumbered)




121.81 Initiation of Administrative Fraud Hearing (Repealed) 121.82 Definition of Fraud (Renumbered) 121.83 Notification To Applicant Households (Renumbered) 121.84 Disqualification Upon Finding of Fraud (Renumbered) 121.85 Court Imposed Disqualification (Renumbered) 121.90 Monthly Reporting and Retrospective Budgeting (Repealed) 121.91 Monthly Reporting (Repealed) 121.92 Budgeting 121.93 Issuance of Food Stamp Benefits 121.94 Replacement of the EBT Card or Food Stamp Benefits 121.95 Restoration of Lost Benefits 121.96 Uses For Food Coupons 121.97 Supplemental Payments 121.98 Client Training for the Electronic Benefits Transfer (EBT) System 121.105 State Food Program (Repealed) 121.107 New State Food Program 121.108 Transitional Food Stamp (TFS) Benefits 121.120 Redetermination of Eligibility 121.125 Redetermination of Earned Income Households 121.130 Residents of Shelters for Battered Women and their Children 121.131 Fleeing Felons and Probation/Parole Violators 121.135 Incorporation By Reference 121.140 Small Group Living Arrangement Facilities and Drug/Alcoholic Treatment

Centers 121.145 Quarterly Reporting (Repealed)

SUBPART G: INTENTIONAL VIOLATIONS OF THE PROGRAM

Section 121.150 Definition of Intentional Violations of the Program 121.151 Penalties for Intentional Violations of the Program 121.152 Notification To Applicant Households 121.153 Disqualification Upon Finding of Intentional Violation of the Program 121.154 Court Imposed Disqualification

SUBPART H: FOOD STAMP EMPLOYMENT AND TRAINING PROGRAM

Section 121.160 Persons Required to Participate 121.162 Program Requirements




121.163 Vocational Training 121.164 Orientation (Repealed) 121.165 Community Work 121.166 Assessment and Employability Plan (Repealed) 121.167 Counseling/Prevention Services 121.170 Job Search Activity 121.172 Basic Education Activity 121.174 Job Readiness Activity 121.176 Work Experience Activity 121.177 Illinois Works Component (Repealed) 121.178 Job Training Component (Repealed) 121.179 JTPA Employability Services Component (Repealed) 121.180 Grant Diversion Component (Repealed) 121.182 Earnfare Activity 121.184 Sanctions for Non-cooperation with Food Stamp Employment and Training 121.186 Good Cause for Failure to Cooperate 121.188 Supportive Services 121.190 Conciliation 121.200 Types of Claims (Recodified) 121.201 Establishing a Claim for Intentional Violation of the Program (Recodified) 121.202 Establishing a Claim for Unintentional Household Errors and Administrative

Errors (Recodified) 121.203 Collecting Claim Against Households (Recodified) 121.204 Failure to Respond to Initial Demand Letter (Recodified) 121.205 Methods of Repayment of Food Stamp Claims (Recodified) 121.206 Determination of Monthly Allotment Reductions (Recodified) 121.207 Failure to Make Payment in Accordance with Repayment Schedule (Recodified) 121.208 Suspension and Termination of Claims (Recodified)

SUBPART I: WORK REQUIREMENT FOR FOOD STAMPS

Section 121.220 Work Requirement Components (Repealed) 121.221 Meeting the Work Requirement with the Earnfare Component (Repealed) 121.222 Volunteer Community Work Component (Repealed) 121.223 Work Experience Component (Repealed) 121.224 Supportive Service Payments to Meet the Work Requirement (Repealed) 121.225 Meeting the Work Requirement with the Illinois Works Component (Repealed) 121.226 Meeting the Work Requirement with the JTPA Employability Services

Component (Repealed)




AUTHORITY: Implementing Sections 12-4.4 through 12-4.6 and authorized by Section 12-13 of the Illinois Public Aid Code [305 ILCS 5/12-4.4 through 12-4.6 and 12-13]. SOURCE: Adopted December 30, 1977; amended at 3 Ill. Reg. 5, p. 875, effective February 2, 1979; amended at 3 Ill. Reg. 31, p. 109, effective August 3, 1979; amended at 3 Ill. Reg. 33, p. 399, effective August 18, 1979; amended at 3 Ill. Reg. 41, p. 165, effective October 11, 1979; amended at 3 Ill. Reg. 42, p. 230, effective October 9, 1979; amended at 3 Ill. Reg. 44, p. 173, effective October 19, 1979; amended at 3 Ill. Reg. 46, p. 36, effective November 2, 1979; amended at 3 Ill. Reg. 47, p. 96, effective November 13, 1979; amended at 3 Ill. Reg. 48, p. 1, effective November 15, 1979; peremptory amendment at 4 Ill. Reg. 3, p. 49, effective January 9, 1980; peremptory amendment at 4 Ill. Reg. 9, p. 259, effective February 23, 1980; amended at 4 Ill. Reg. 10, p. 253, effective February 27, 1980; amended at 4 Ill. Reg. 12, p. 551, effective March 10, 1980; emergency amendment at 4 Ill. Reg. 29, p. 294, effective July 8, 1980, for a maximum of 150 days; amended at 4 Ill. Reg. 37, p. 797, effective September 2, 1980; amended at 4 Ill. Reg. 45, p. 134, effective October 17, 1980; amended at 5 Ill. Reg. 766, effective January 2, 1981; amended at 5 Ill. Reg. 1131, effective January 16, 1981; amended at 5 Ill. Reg. 4586, effective April 15, 1981; peremptory amendment at 5 Ill. Reg. 5722, effective June 1, 1981; amended at 5 Ill. Reg. 7071, effective June 23, 1981; peremptory amendment at 5 Ill. Reg. 10062, effective October 1, 1981; amended at 5 Ill. Reg. 10733, effective October 1, 1981; amended at 5 Ill. Reg. 12736, effective October 29, 1981; amended at 6 Ill. Reg. 1653, effective January 17, 1982; amended at 6 Ill. Reg. 2707, effective March 2, 1982; amended at 6 Ill. Reg. 8159, effective July 1, 1982; amended at 6 Ill. Reg. 10208, effective August 9, 1982; amended at 6 Ill. Reg. 11921, effective September 21, 1982; amended at 6 Ill. Reg. 12318, effective October 1, 1982; amended at 6 Ill. Reg. 13754, effective November 1, 1982; amended at 7 Ill. Reg. 394, effective January 1, 1983; codified at 7 Ill. Reg. 5195; amended at 7 Ill. Reg. 5715, effective May 1, 1983; amended at 7 Ill. Reg. 8118, effective June 24, 1983; peremptory amendment at 7 Ill. Reg. 12899, effective October 1, 1983; amended at 7 Ill. Reg. 13655, effective October 4, 1983; peremptory amendment at 7 Ill. Reg. 16067, effective November 18, 1983; amended at 7 Ill. Reg. 16169, effective November 22, 1983; amended at 8 Ill. Reg. 5673, effective April 18, 1984; amended at 8 Ill. Reg. 7249, effective May 16, 1984; peremptory amendment at 8 Ill. Reg. 10086, effective July 1, 1984; amended at 8 Ill. Reg. 13284, effective July 16, 1984; amended at 8 Ill. Reg. 17900, effective September 14, 1984; amended (by adding Section being codified with no substantive change) at 8 Ill. Reg. 17898; peremptory amendment at 8 Ill. Reg. 19690, effective October 1, 1984; peremptory amendment at 8 Ill. Reg. 22145, effective November 1, 1984; amended at 9 Ill. Reg. 302, effective January 1, 1985; amended at 9 Ill. Reg. 6804, effective May 1, 1985; amended at 9 Ill. Reg. 8665, effective May 29, 1985; peremptory amendment at 9 Ill. Reg. 8898, effective July 1, 1985; amended at 9 Ill. Reg. 11334, effective July 8, 1985; amended at 9 Ill. Reg. 14334, effective September 6, 1985; peremptory amendment at 9 Ill. Reg. 15582, effective October 1, 1985; amended at 9 Ill. Reg. 16889, effective October




16, 1985; amended at 9 Ill. Reg. 19726, effective December 9, 1985; amended at 10 Ill. Reg. 229, effective December 20, 1985; peremptory amendment at 10 Ill. Reg. 7387, effective April 21, 1986; peremptory amendment at 10 Ill. Reg. 7941, effective May 1, 1986; amended at 10 Ill. Reg. 14692, effective August 29, 1986; peremptory amendment at 10 Ill. Reg. 15714, effective October 1, 1986; Sections 121.200 thru 121.208 recodified to 89 Ill. Adm. Code 165 at 10 Ill. Reg. 21094; peremptory amendment at 11 Ill. Reg. 3761, effective February 11, 1987; emergency amendment at 11 Ill. Reg. 3754, effective February 13, 1987, for a maximum of 150 days; emergency amendment at 11 Ill. Reg. 9968, effective May 15, 1987, for a maximum of 150 days; amended at 11 Ill. Reg. 10269, effective May 22, 1987; amended at 11 Ill. Reg. 10621, effective May 25, 1987; peremptory amendment at 11 Ill. Reg. 11391, effective July 1, 1987; peremptory amendment at 11 Ill. Reg. 11855, effective June 30, 1987; emergency amendment at 11 Ill. Reg. 12043, effective July 6, 1987, for a maximum of 150 days; amended at 11 Ill. Reg. 13635, effective August 1, 1987; amended at 11 Ill. Reg. 14022, effective August 10, 1987; emergency amendment at 11 Ill. Reg. 15261, effective September 1, 1987, for a maximum of 150 days; amended at 11 Ill. Reg. 15480, effective September 4, 1987; amended at 11 Ill. Reg. 15634, effective September 11, 1987; amended at 11 Ill. Reg. 18218, effective October 30, 1987; peremptory amendment at 11 Ill. Reg. 18374, effective October 30, 1987; amended at 12 Ill. Reg. 877, effective December 30, 1987; emergency amendment at 12 Ill. Reg. 1941, effective December 31, 1987, for a maximum of 150 days; amended at 12 Ill. Reg. 4204, effective February 5, 1988; amended at 12 Ill. Reg. 9678, effective May 23, 1988; amended at 12 Ill. Reg. 9922, effective June 1, 1988; amended at 12 Ill. Reg. 11463, effective June 30, 1988; amended at 12 Ill. Reg. 12824, effective July 22, 1988; emergency amendment at 12 Ill. Reg. 14045, effective August 19, 1988, for a maximum of 150 days; peremptory amendment at 12 Ill. Reg. 15704, effective October 1, 1988; peremptory amendment at 12 Ill. Reg. 16271, effective October 1, 1988; amended at 12 Ill. Reg. 20161, effective November 30, 1988; amended at 13 Ill. Reg. 3890, effective March 10, 1989; amended at 13 Ill. Reg. 13619, effective August 14, 1989; peremptory amendment at 13 Ill. Reg. 15859, effective October 1, 1989; amended at 14 Ill. Reg. 729, effective January 1, 1990; amended at 14 Ill. Reg. 6349, effective April 13, 1990; amended at 14 Ill. Reg. 13202, effective August 6, 1990; peremptory amendment at 14 Ill. Reg. 15158, effective October 1, 1990; amended at 14 Ill. Reg. 16983, effective September 30, 1990; amended at 15 Ill. Reg. 11150, effective July 22, 1991; amended at 15 Ill. Reg. 11957, effective August 12, 1991; peremptory amendment at 15 Ill. Reg. 14134, effective October 1, 1991; emergency amendment at 16 Ill. Reg. 757, effective January 1, 1992, for a maximum of 150 days; amended at 16 Ill. Reg. 10011, effective June 15, 1992; amended at 16 Ill. Reg. 13900, effective August 31, 1992; emergency amendment at 16 Ill. Reg. 16221, effective October 1, 1992, for a maximum of 150 days; peremptory amendment at 16 Ill. Reg. 16345, effective October 1, 1992; amended at 16 Ill. Reg. 16624, effective October 23, 1992; amended at 17 Ill. Reg. 644, effective December 31, 1992; amended at 17 Ill. Reg. 4333, effective March 19, 1993; amended at 17 Ill. Reg. 14625, effective August 26, 1993; emergency amendment at 17 Ill. Reg. 15149, effective September 7, 1993, for a maximum of 150 days; peremptory amendment at 17




Ill. Reg. 17477, effective October 1, 1993; expedited correction at 17 Ill. Reg. 21216, effective October 1, 1993; amended at 18 Ill. Reg. 2033, effective January 21, 1994; emergency amendment at 18 Ill. Reg. 2509, effective January 27, 1994, for a maximum of 150 days; amended at 18 Ill. Reg. 3427, effective February 28, 1994; amended at 18 Ill. Reg. 8921, effective June 3, 1994; amended at 18 Ill. Reg. 12829, effective August 5, 1994; amended at 18 Ill. Reg. 14103, effective August 26, 1994; amended at 19 Ill. Reg. 5626, effective March 31, 1995; amended at 19 Ill. Reg. 6648, effective May 5, 1995; emergency amendment at 19 Ill. Reg. 12705, effective September 1, 1995, for a maximum of 150 days; peremptory amendment at 19 Ill. Reg. 13595, effective October 1, 1995; amended at 20 Ill. Reg. 1593, effective January 11, 1996; peremptory amendment at 20 Ill. Reg. 2229, effective January 17, 1996; amended at 20 Ill. Reg. 7902, effective June 1, 1996; amended at 20 Ill. Reg. 11935, effective August 14, 1996; emergency amendment at 20 Ill. Reg. 13381, effective October 1, 1996, for a maximum of 150 days; emergency amendment at 20 Ill. Reg. 13668, effective October 8, 1996, for a maximum of 150 days; amended at 21 Ill. Reg. 3156, effective February 28, 1997; amended at 21 Ill. Reg. 7733, effective June 4, 1997; recodified from the Department of Public Aid to the Department of Human Services at 21 Ill. Reg. 9322; emergency amendment at 22 Ill. Reg. 1954, effective January 1, 1998, for a maximum of 150 days; amended at 22 Ill. Reg. 5502, effective March 4, 1998; amended at 22 Ill. Reg. 7969, effective May 15, 1998; emergency amendment at 22 Ill. Reg. 10660, effective June 1, 1998, for a maximum of 150 days; emergency amendment at 22 Ill. Reg. 12167, effective July 1, 1998, for a maximum of 150 days; amended at 22 Ill. Reg. 16230, effective September 1, 1998; amended at 22 Ill. Reg. 19787, effective October 28, 1998; emergency amendment at 22 Ill. Reg. 19934, effective November 1, 1998, for a maximum of 150 days; amended at 22 Ill. Reg. 20099, effective November 1, 1998; emergency amendment at 23 Ill. Reg. 2601, effective February 1, 1999, for a maximum of 150 days; amended at 23 Ill. Reg. 3374, effective March 1, 1999; amended at 23 Ill. Reg. 7285, effective June 18, 1999; emergency amendment at 23 Ill. Reg. 13253, effective October 13, 1999, for a maximum of 150 days; emergency amendment at 24 Ill. Reg. 3871, effective February 24, 2000, for a maximum of 150 days; amended at 24 Ill. Reg. 4180, effective March 2, 2000; amended at 24 Ill. Reg. 10198, effective June 27, 2000; amended at 24 Ill. Reg. 15428, effective October 10, 2000; emergency amendment at 24 Ill. Reg. 15468, effective October 1, 2000, for a maximum of 150 days; amended at 25 Ill. Reg. 845, effective January 5, 2001; amended at 25 Ill. Reg. 2423, effective January 25, 2001; emergency amendment at 25 Ill. Reg. 2439, effective January 29, 2001, for a maximum of 150 days; emergency amendment at 25 Ill. Reg. 3707, effective March 1, 2001, for a maximum of 150 days; emergency expired July 28, 2001; amended at 25 Ill. Reg. 7720, effective June 7, 2001; amended at 25 Ill. Reg. 10823, effective August 12, 2001; amended at 25 Ill. Reg. 11856, effective August 31, 2001; emergency amendment at 25 Ill. Reg. 13309, effective October 1, 2001, for a maximum of 150 days; amended at 26 Ill. Reg. 151, effective January 1, 2002; amended at 26 Ill. Reg. 2025, effective February 1, 2002; amended at 26 Ill. Reg. 13530, effective September 3, 2002; peremptory amendment at 26 Ill. Reg. 15099, effective October 1, 2002; amended at 26 Ill. Reg. 16484, effective October 25, 2002; amended at 27 Ill.




Reg. 2889, effective February 7, 2003; expedited correction at 27 Ill. Reg. 14262, effective February 7, 2003; amended at 27 Ill. Reg. 4583, effective February 28, 2003; amended at 27 Ill. Reg. 7273, effective April 7, 2003; amended at 27 Ill. Reg. 12569, effective July 21, 2003; peremptory amendment at 27 Ill. Reg. 15604, effective October 1, 2003; amended at 27 Ill. Reg. 16108, effective October 6, 2003; amended at 27 Ill. Reg. 18445, effective November 20, 2003; amended at 28 Ill. Reg. 1104, effective December 31, 2003; amended at 28 Ill. Reg. 3857, effective February 13, 2004; amended at 28 Ill. Reg. 10393, effective July 6, 2004; peremptory amendment at 28 Ill. Reg. 13834, effective October 1, 2004; emergency amendment at 28 Ill. Reg. 15323, effective November 10, 2004, for a maximum of 150 days; emergency expired April 8, 2005; amended at 29 Ill. Reg. 2701, effective February 4, 2005; amended at 29 Ill. Reg. 5499, effective April 1, 2005; peremptory amendment at 29 Ill. Reg. 12132, effective July 14, 2005; emergency amendment at 29 Ill. Reg. 16042, effective October 4, 2005, for a maximum of 150 days; emergency expired March 2, 2006; peremptory amendment at 29 Ill. Reg. 16538, effective October 4, 2005; emergency amendment at 30 Ill. Reg. 7804, effective April 6, 2006, for a maximum of 150 days; emergency expired September 2, 2006; amended at 30 Ill. Reg. 11236, effective June 12, 2006; amended at 30 Ill. Reg. 13863, effective August 1, 2006; amended at 30 Ill. Reg. 15681, effective September 12, 2006.

SUBPART D: ELIGIBILITY STANDARDS Section 121.63 Deductions from Monthly Income

a) The deductions described in this Section shall be allowed in the determination of the adjusted net monthly food stamp income.

b) Earned Income Deduction. Eighty percent of total gross earned income is

considered. See Sections 121.40 through 121.54 for a description of earned income.

c) Standard Deduction. The standard deduction for a household size of one through

four persons is $134. The standard deduction for a household size of five persons is $157. For households of six or more persons, the standard deduction is $179.

d) Dependent Care Deduction

1) The dependent care deduction consists of payments for the care of a child

or other dependent when necessary for a household member to accept or continue employment or to seek employment in compliance with the job search criteria or to attend training or pursue education which is preparatory for employment (see 89 Ill. Adm. Code 112.70 through




112.84). 2) The amount of the deduction is to be determined by the actual costs for

care and is not to exceed $200 per month for each child under age 2 and $175 per month for each other dependent household member.

e) Child Support Deduction. The child support deduction is the amount of legally

obligated child support paid by a household member to or for a nonhousehold member.

f) Shelter Costs Deduction

1) The shelter deduction is the amount of shelter costs that exceeds 50% of

the household's total income after the allowable deductions in subsections (b), (c), (d), and (e) of this Section have been made. The shelter deduction shall not exceed $400.

2) If the household contains a member who is elderly or disabled, as defined

at 7 CFR 271.2 (20052004) and Section 121.61, there is no limit on the amount of the excess shelter deduction.

3) Shelter costs include only the following:

A) continuing charges for the shelter occupied by the household (rent,

mortgage and other charges leading to the ownership of the shelter, including interest on such charges);

B) property taxes, State and local assessments and insurance on the

structure itself; and C) utility costs, as described in subsection (g) of this Section.

4) Shelter costs for a home temporarily unoccupied by the household because

of employment or training away from home, illness or abandonment caused by a natural disaster or casualty loss, if: A) the household intends to return to the home; B) the current occupants of the home, if any, are not claiming the

shelter costs for food stamp purposes; and




C) the home is not leased or rented during the absence of the

household. 5) Charges for repair of a home which was damaged or destroyed due to a

natural disaster. Shelter costs shall not include repair charges which have been or will be reimbursed by private or public relief agencies, insurance companies or any other source.

g) Utility Costs

1) Utility costs include:

A) the cost of heating and cooking fuel, air conditioning, electricity,

water, sewerage, garbage and trash collection; B) basic service fee for one telephone (including tax on the basic fee)

of $27; and C) fees charged by the utility provider for initial installation.

2) Utility deposits are not considered to be utility costs. 3) A standard must be used if the household is billed for utilities. See

Section 121.63(g)(7) for households that claim utility expenses for an unoccupied home. Households that are billed for heating or air conditioning, or both, or heating, air conditioning and electricity, must use the air conditioning/heating standard allowance of $299259. Those households that are not billed for air conditioning or heating but are billed for at least two other utilities must use the limited utility standard allowance of $165155. Those households that are not billed for air conditioning or heating but are billed for a single utility, other than telephone, must use the single utility standard allowance of $32. If only a separately-billed telephone expense is claimed, the basic telephone allowance of $27 per month will be allowed. Households living in rental housing who are billed on a regular basis by a landlord for costs for utilities must use the appropriate standard.

4) A household that is billed less often than monthly for its costs for utilities

must continue to use the appropriate standard between billing months.




5) Households in public housing or privately-owned rental units that receive

a bill for over-usage are entitled to use the air conditioning/heating standard allowance. When households (as defined at 7 CFR 273.1(a) (20052004)) live together, the air conditioning/heating standard allowance, the limited utility standard allowance, or the single utility standard allowance, whichever is appropriate, shall be allowed for each household that contributes toward the utility costs whether or not each household participates in the program.

6) Households whose expense for heat or electricity, or both, is covered by

indirect energy assistance payments under the Low Income Home Energy Program (8947 Ill. Adm. Code 109100) shall be entitled to the air conditioning/heating standard allowance (7 CFR 273.9 and 273.10(d)(6) (20052004)). Households who receive, apply for, or anticipate applying for a Low Income Energy Assistance Program (IHEAP) (8947 Ill. Adm. Code 109100) payment during the 12-month period, beginning with the date of the food stamp application, shall be allowed the air conditioning/heating standard (7 CFR 273.9). The provisions of subsection (f)(3) of this Section are applicable to households whose expenses for heating or electricity, or both, are covered by indirect energy assistance payments.

7) A household that has both an occupied home and an unoccupied home is

entitled to only one standard. The appropriate utility standard may be used for the home the household chooses.

h) Excess Medical Deduction. A deduction for excess medical expenses shall be

allowed for households which contain an elderly or disabled member as defined at 7 CFR 271.2 (20052004) and Section 121.61. The medical expenses incurred by the qualifying household member which are over $35 will be deducted, if the expenses will not be reimbursed by insurance or a third party.



DEPARTMENT OF NATURAL RESOURCES


1) Heading of the Part: Duck, Goose and Coot Hunting 2) Code Citation: 17 Ill. Adm. Code 590 3) Section Numbers: Adopted Action: 590.10 Amendment 590.20 Amendment 590.40 Amendment 590.50 Amendment 590.60 Amendment 590.80 Amendment 4) Statutory Authority: Implementing and authorized by Sections 1.3, 1.4, 1.13, 2.1, 2.2,

2.18, 2.19, 2.20, 2.23, 2.33, 3.5, 3.6, 3.7, 3.8, and 3.10 of the Wildlife Code [520 ILCS 5/1.3, 1.4, 1.13, 2.1, 2.2, 2.18, 2.19, 2.20, 2.23, 2.33, 3.5, 3.6, 3.7, 3.8, and 3.10] and Migratory Bird Hunting (50 CFR 20)

5) Effective Date of Amendments: September 18, 2006 6) Does this rulemaking contain an automatic repeal date? No 7) Does this rulemaking contain incorporations by reference? No 8) A copy of the adopted rulemaking, including any material incorporated by reference, is

on file in the Department of Natural Resource's principal office and is available for public inspection.

9) Notice of Proposal Published in Illinois Register: June 23, 2006; 30 Ill. Reg. 11000 10) Has JCAR issued a Statement of Objection to this rulemaking? No 11) Differences between proposal and final version: Section 590.10(a) – after "50 CFR 20" added "(August 31, 2006)" and after "21" added

"(September 22, 2006)". Section 590.10(i), deleted entire subsection and relabeled subsequent subsections. Section 590.50(a) – Lake Sinnissippi – changed "is not built" to "has not been

constructed".




Section 590.50(a) – Lake Sinnissippi – changed "are not completed" to "have not been

constructed". Section 590.60(b)(28)(L) – after "decoys" added "per hunting party". 12) Have all the changes agreed upon by the agency and JCAR been made as indicated in the

agreements issued by JCAR? Yes 13) Will this rulemaking replace any emergency rulemaking currently in effect? No 14) Are there any amendments pending on this Part? No 15) Summary and Purpose of Rulemaking: This Part was amended to: update statewide

regulations, make changes to reflect that the Canada goose quota system is being eliminated, add a new federally approved shot type and update the list of sites and site-specific regulations.

16) Information and questions regarding these adopted amendments shall be directed to: Jack Price, Legal Counsel Department of Natural Resources One Natural Resources Way Springfield IL 62702-1271 217/782-1809 The full text of the Adopted Amendments begins on the next page:




TITLE 17: CONSERVATION CHAPTER I: DEPARTMENT OF NATURAL RESOURCES

SUBCHAPTER b: FISH AND WILDLIFE

PART 590 DUCK, GOOSE AND COOT HUNTING

Section 590.10 Statewide Regulations 590.15 Duck, Goose and Coot General Hunting Regulations on Department-Owned and

-Managed Sites Listed in Sections 590.40 and 590.50 590.20 Permit Controlled Department Sites Only – Duck, Goose and Coot Hunting 590.25 Illinois Youth Waterfowl Hunting Permit Requirements (Repealed) 590.26 Illinois Youth Duck Hunting Permit Requirements (Repealed) 590.30 Duck, Goose and Coot General Hunting Regulations on all Department-Owned

and -Managed Sites (Repealed) 590.40 Check Station Department Sites Only – Duck, Goose and Coot Hunting 590.50 Non-Check Station Department Sites Only – Duck, Goose and Coot Hunting 590.60 Various Other Department Sites – Duck, Goose and Coot Hunting 590.70 Ohio River 590.80 Early and Late Goose (all species) Hunting Regulations on Department Sites 590.EXHIBIT A The Non-Toxic Shot Zones of Illinois (Repealed) AUTHORITY: Implementing and authorized by Sections 1.3, 1.4, 1.13, 2.1, 2.2, 2.18, 2.19, 2.20, 2.23, 2.33, 3.5, 3.6, 3.7, 3.8, and 3.10 of the Wildlife Code [520 ILCS 5/1.3, 1.4, 1.13, 2.1, 2.2, 2.18, 2.19, 2.20, 2.23, 2.33, 3.5, 3.6, 3.7, 3.8, and 3.10] and Migratory Bird Hunting (50 CFR 20). SOURCE: Adopted at 5 Ill. Reg. 8857, effective August 25, 1981; emergency amendment at 5 Ill. Reg. 11386, effective October 14, 1981, for a maximum of 150 days; codified at 5 Ill. Reg. 10638; Part repealed at 6 Ill. Reg. 9647, effective July 21, 1982; new Part adopted at 6 Ill. Reg. 11865, effective September 22, 1982; amended at 7 Ill. Reg. 13229, effective September 28, 1983; emergency amendment at 7 Ill. Reg. 13948, effective October 6, 1983, for a maximum of 150 days; emergency expired March 3, 1984; amended at 8 Ill. Reg. 18968, effective September 26, 1984; amended at 9 Ill. Reg. 14242, effective September 5, 1985; peremptory amendment at 9 Ill. Reg. 15062, effective September 25, 1985; emergency amendment at 9 Ill. Reg. 15928, effective October 8, 1985, for a maximum of 150 days; emergency expired March 5, 1986; amended at 10 Ill. Reg. 16588, effective September 22, 1986; emergency amendment at 10 Ill. Reg. 17773, effective September 26, 1986, for a maximum of 150 days; emergency expired February 23, 1987; amended at 11 Ill. Reg. 10560, effective May 21, 1987; emergency




amendment at 11 Ill. Reg. 15242, effective August 28, 1987, for a maximum of 150 days; emergency expired January 25, 1988; amended at 12 Ill. Reg. 12200, effective July 15, 1988; emergency amendment at 12 Ill. Reg. 16233, effective September 23, 1988, for a maximum of 150 days; emergency expired February 20, 1989; emergency amendment at 12 Ill. Reg. 22244, effective December 7, 1988, for a maximum of 150 days; emergency expired May 6, 1989; amended at 13 Ill. Reg. 10525, effective June 20, 1989; amended at 13 Ill. Reg. 14925, effective September 7, 1989; emergency amendment at 13 Ill. Reg. 16579, effective October 4, 1989, for a maximum of 150 days; emergency expired March 3, 1989; amended at 13 Ill. Reg. 17354, effective October 27, 1989; amended at 14 Ill. Reg. 638, effective January 2, 1990; amended at 14 Ill. Reg. 13529, effective August 13, 1990; emergency amendment at 14 Ill. Reg. 17029, effective September 26, 1990, for a maximum of 150 days; emergency expired February 23, 1991; amended at 15 Ill. Reg. 1487, effective January 22, 1991; amended at 15 Ill. Reg. 13293, effective September 3, 1991; emergency amendment at 15 Ill. Reg. 16745, effective November 5, 1991, for a maximum of 150 days; emergency expired April 3, 1992; amended at 16 Ill. Reg. 570, effective December 31, 1991; amended at 16 Ill. Reg. 12491, effective July 28, 1992; emergency amendment at 16 Ill. Reg. 16672, effective October 15, 1992, for a maximum of 150 days; emergency expired March 9, 1993; emergency amendment at 16 Ill. Reg. 18851, effective November 17, 1992, for a maximum of 150 days; emergency expired April 11, 1993; emergency amendment at 17 Ill. Reg. 1658, effective January 20, 1993, for a maximum of 150 days; emergency expired June 14, 1993; amended at 17 Ill. Reg. 16443, effective September 27, 1993; emergency amendment at 17 Ill. Reg. 18867, effective October 14, 1993, for a maximum of 150 days; emergency expired March 13, 1994; amended at 18 Ill. Reg. 10023, effective June 21, 1994; emergency amendment at 18 Ill. Reg. 15161, effective September 27, 1994, for a maximum of 150 days; emergency expired February 23, 1995; amended at 19 Ill. Reg. 13209, effective September 11, 1995; amended at 20 Ill. Reg. 754, effective December 29, 1995; recodified by changing the agency name from Department of Conservation to Department of Natural Resources at 20 Ill. Reg. 9389; amended at 20 Ill. Reg. 12417, effective August 30, 1996; amended at 21 Ill. Reg. 578, effective December 30, 1996; amended at 21 Ill. Reg. 11713, effective August 12, 1997; amended at 22 Ill. Reg. 2182, effective January 2, 1998; amended at 22 Ill. Reg. 15961, effective August 24, 1998; amended at 22 Ill. Reg. 21881, effective December 3, 1998; emergency amendment at 23 Ill. Reg. 3092, effective March 10, 1999, for a maximum of 150 days; emergency expired August 6, 1999; amended at 23 Ill. Reg. 11195, effective August 26, 1999; emergency amendment at 23 Ill. Reg. 14640, effective December 13, 1999, for a maximum of 150 days; emergency expired May 10, 2000; amended at 24 Ill. Reg. 12517, effective August 7, 2000; amended at 25 Ill. Reg. 14131, effective October 22, 2001; amended at 26 Ill. Reg. 16238, effective October 18, 2002; amended at 27 Ill. Reg. 15409, effective September 18, 2003; amended at 28 Ill. Reg. 13562, effective September 24, 2004; amended at 29 Ill. Reg. 9654, effective June 24, 2005; emergency amendment at 29 Ill. Reg. 13900, effective August 30, 2005, for a maximum of 150 days; amended at 29 Ill. Reg. 18924, effective November 4, 2005; amended at 30 Ill. Reg. 15694, effective September 18, 2006.




Section 590.10 Statewide Regulations

a) Pursuant to Section 2.18 of the Wildlife Code [520 ILCS 5/2.18], it shall be unlawful to take, possess, transport, or use migratory waterfowl except during such period of time and in such manner and numbers as may be provided in the Federal "Migratory Bird Treaty Act" (16 USC 703-711), the "Migratory Bird Hunting Stamp Act" (16 USC 1718 et seq.), and annual "Rules and Regulations for Migratory Bird Hunting" (50 CFR 20 (August 31, 2006) and 21 (September 22, 2006) (collectively referred to in this Part as federal regulations) (no incorporation in this Part includes later amendments or editions), or contrary to any State regulations made in the Wildlife Code. Violation is a Class B misdemeanor (see 520 ILCS 5/2.18).

b) The regulations in Section 2.33 of the Wildlife Code on illegal devices shall apply

to this Part, unless federal regulations are more restrictive. Violation is a Class B misdemeanor (see 520 ILCS 5/2.33), except that violation of Section 2.33(g), (i), (o), (p), (y) and (cc) are Class A misdemeanors with a minimum $500 fine and a maximum $5,000 fine in addition to other statutory penalties.

c) Duck, goose and coot regulations are in accordance with Federal Regulations (50

CFR 20) unless the regulations in this Part are more restrictive. Violation is a Class B misdemeanor (see 520 ILCS 5/2.18).

d) It shall be unlawful while attempting to take migratory waterfowl or coots to have

in possession any shotgun shells not approved as non-toxic by federal regulations. Violation is a petty offense (see 520 ILCS 5/2.18-1).

e) It shall be unlawful to possess any shotgun shell loaded with a shot size larger

than number T steel; number BBB bismuth, Ultrashok High Density, or Hevi-Steel; number BB tungsten/iron, tungsten/matrix (Impact), or tungsten/polymer; number B Hevi-Shot, tungsten/bronze/iron (TBI), Wingmaster HD, Xtended Range Hi-Density, or Dead Coyote; number 1 Silvex or Hevi-13; or number 3 Heavyweight when attempting to take waterfowl. Violation is a petty offense (see 520 ILCS 5/2.18-1).

f) Emergency Closure The Department of Natural Resources (Department or DNR)

will close the Canada goose season giving 48 hours notice when quotas established by federal regulations are reached, when harvest in any area is excessive due to extreme weather conditions or when a serious outbreak of




infectious disease occurs, such as avian cholera or duck virus enteritis. Hunting Canada Geese after the season is closed is a Class B misdemeanor (see 520 ILCS 5/2.18). Possession of freshly killed wild geese during the closed season is a Class A misdemeanor (see 520 ILCS 5/2.33(cc)).

g) Closed Areas

Closed areas, including waterfowl refuges and rest areas, may be designated at certain sites in accordance with 17 Ill. Adm. Code 510. Boundaries of these closed areas will be posted. Violation is a petty offense (see 520 ILCS 5/2.20).

h) Commercial Migratory Waterfowl Hunting Area Permits 1) The holder of a permit in the counties of Alexander, Jackson, Union and

Williamson shall forward information on harvest and hunters to the Department, by phone and on forms furnished by the Department, at times required by the Department. The holder of a permit in any other county shall forward information on harvest and hunters to the Department on forms furnished by the Department, at times required by the Department. The Department shall give the permit holder reasonable written notice of the dates reports are required. Permit holders are required to retain a copy of their harvest records for at least 2 years after expiration of their permit. Failure to timely supply such reports will make the permit holder subject to revocation of his permit and suspension of the privilege to hold the permit for up to 5 years. Violation is a petty offense (see 520 ILCS 5/3.6).

2) On any property where the principal waterfowl harvest is wild geese, it is

the permit holder's duty to ensure that no more than 5 persons occupy or attempt to take wild geese from any blind or pit at the same time during the Canada goose season. Violation is a petty offense (see 520 ILCS 5/3.8).

3) The Department may assign the maximum potential Canada goose harvest

(number registered pits x 5 hunters x Canada goose bag limit) to the cumulative quota zone harvest for each day a club is late in reporting.

i) Waterfowl Hunting Zones:

1) North Zone – That portion of the State north of a line running east from

the Iowa border along Illinois Route 92 to U.S. Interstate 280, east along U.S. Interstate 280 to U.S. Interstate 80, then east along U.S. Interstate 80




to the Indiana border. 2) Northern Illinois Quota Zone – DuPage, Kane, Lake, and McHenry

counties, and those portions of LaSalle and Will counties north of I-80. 3) Central Zone – That portion of the State south of the Northern Zone

boundary to the Modoc Ferry route on the Mississippi River and east along the Modoc Ferry Road to Modoc Road to St. Leo's Road to Illinois Route 3, then north to Illinois Route 159, then north to Illinois Route 161, then east to Illinois Route 4, then north to U.S. Interstate 70, then east along U.S. Interstate 70 to the Bond County line, north and east along the Bond County line to Fayette County, north and east along the Fayette County line to Effingham County, east and south along the Effingham County line to U.S. Interstate 70, then east along U.S. Interstate 70 to the Indiana border.

4) Central Illinois Quota Zone – Calhoun, Cass, Fulton, Jersey, Knox,

Mason, Morgan, Peoria, Pike, Tazewell, and Woodford counties, as well as those portions of LaSalle, Grundy, and Will counties south of I-80.

5) South Zone – From the southern boundary of the Central Zone south to the

remainder of the State. 6) Northeastern Illinois Canada Goose Zone – All lands and waters in the

counties of Cook, DuPage, Grundy, Kankakee, Kane, Kendall, Lake, McHenry and Will.

7) Southern Illinois Quota Zone – Alexander, Union, Williamson, and

Jackson Counties. ij) No person during the open season shall take or attempt to take wild geese prior to

½ hour before sunrise nor after sunset. In Alexander, Union, Williamson and Jackson Countiesthe Southern Illinois Quota Zone (SIQZ), no person shall take or attempt to take wild geese after the hour of 3:00 p.m.; except, during the last 3 days of the Canada goose season and during any goose seasons that occur after the regular Canada goose season and during any Canada goose season set in September, hunting hours in Alexander, Union, Williamson and Jackson Countiesthe SIQZ shall close at statewide closing time. During special light goose seasons as indicated in subsection (n), statewide hunting hours shall be ½ hour before sunrise to ½ hour after sunset daily. Hunting prior to ½ hour before




sunrise during the open season is a Class A misdemeanor (see 520 ILCS 2.33(y)). Hunting after ½ hour after sunset is a Class A misdemeanor (see 520 ILCS 2.33(y)). Hunting after closing hours is a Class B misdemeanor (see 520 ILCS 5/2.18).

jk) On any property where the principal waterfowl harvest is wild geese in

Alexander, Union, Williamson and Jackson Countiesthe Southern Illinois Quota Zone, no more than 5 persons shall occupy or attempt to take wild geese from any blind or pit at the same time during the Canada goose season. Violation is a petty offense (see 520 ILCS 5/3.8(b)(4)).

l) The following apply in the Northern and Central Illinois Quota Zones only:

1) It is unlawful to hunt Canada geese during seasons after September 15

without having in possession a current season's permit to hunt Canada geese, unless exempt from a State waterfowl stamp. Such permits are not transferrable and are not valid unless they contain the hunter's name, signature, date of birth, and the same State waterfowl stamp number that is on the State waterfowl stamp that is signed by the hunter or affixed to his/her license.

2) Immediately upon killing a Canada goose that will be taken into

possession, hunters must mark with indelible ink, punch or slit the Permit to Hunt to indicate the date of kill (one date for each goose harvested) and zone where killed.

3) Hunters must report their kill on the same calendar day the geese are taken

by calling 1-800-WETLAND (938-5263). Hunters must report the number of geese taken, date and zone where taken.

4) Violation is a Class B misdemeanor (see 520 ILCS 5/2.18).

k)m) Registration in the U.S. Fish and Wildlife Service Migratory Bird Harvest

Information Program (HIP) is required for those persons who are required to have a hunting license before taking or attempting to take ducks, geese or coots. Instructions for registering are provided with issuance of hunting license. Violation is a petty offense (see 520 ILCS 5/3.1(f)).

l)n) If 50 CFR 20 or 21 allows light goose seasons to be liberalized, snow geese, blue

geese and Ross' geese may be taken in accordance with federal regulations




regarding hunting hours, method of taking and bag limits through March 31.

(Source: Amended at 30 Ill. Reg. 15694, effective September 18, 2006) Section 590.20 Permit Controlled Department Sites Only – Duck, Goose and Coot Hunting

a) Sites covered in this Section, which allow hunting by permit only, are:

Banner Marsh Fish and Wildlife Area Horseshoe Lake Conservation Area

Sangchris Lake State Park subimpoundment

Snakeden Hollow State Fish and Wildlife Area

Spring Lake State Fish and Wildlife Area − Spring Lake Bottoms Unit

Union County Conservation Area

b) Permit Requirements 1) Permit reservations shall be accepted starting in September. Initial

acceptance dates and methods for making reservations will be publicly announced. Only applications for reservations submitted by Illinois residents will be processed during the first 2 weeks of the application period. Applicants making reservations will be sent confirmation.

2) Permits shall be issued until the daily quota is filled. The daily quota is

determined by the formula: one hunter per 10 to 40 huntable acres. Huntable acres are determined by, but not limited to, the biological studies on the number of the species available; the condition, topography, and configuration of the land at the site; the condition of the roads at the site; the number of employees available to work at the site; and the number of blinds which can be established on a site as set forth in Section 3.8 of the Wildlife Code [520 ILCS 5/3.8].

3) The permit shall be for the use of the entire blind. It shall be the

responsibility of the permit holder to bring one hunting partner or one non-hunting partner or 2 non-hunting partners (3 persons per blind but not




more than 2 hunters per blind) for Snakeden Hollow State Fish and Wildlife Area, Horseshoe Lake Conservation Area, and Union County Conservation Area, or 3 partners (hunters or non-hunters; 4 persons per blind) for Banner Marsh Fish and Wildlife Area, Spring Lake State Fish and Wildlife Area – Spring Lake Bottoms Unit and Sangchris Lake State Park subimpoundment. Non-hunting partners are defined as persons under 21 years of age accompanying the hunter in the blind. Unallocated blinds shall be filled by a drawing at the sites.

4) Permits are not transferrable. 5) Permits will be issued from the Springfield Permit Office for permit-

controlled sites. For other information write to:

Illinois Department of Natural Resources Permit Office – Waterfowl P.O. Box 19457 Springfield IL 62794-9457

c) General regulations

1) All use other than permit hunting as defined in subsection (b)(3) is

prohibited at Snakeden Hollow State Fish and Wildlife Area from October 1 through close of Central Zone Canada goose season.

2) Hours, Permits and Stamp Charges

A) Hunting hours are from legal opening time until 1:00 p.m., except

at Horseshoe Lake Conservation Area and Union County Conservation Area, which close at 12 noon.

B) At Snakeden Hollow State Fish and Wildlife Area from opening

day through November 30, all hunters must register at the check station by 5:00 a.m. Permits are void after 5:00 a.m. From December 1 through December 31, all hunters must register at the check station by 5:30 a.m. Permits are void after 5:30 a.m. From January 1 through the close of goose season, all hunters must register at the check station by 6:00 a.m. Permits are void after 6:00 a.m. At Banner Marsh Fish and Wildlife Area, Horseshoe Lake Conservation Area and Union County Conservation Area




hunters with permit reservations are required to check in at the check station between 4:30 a.m. and 5:00 a.m. Permits are void after 5:00 a.m. A drawing shall be held to allocate blind sites at all sites. At Sangchris Lake State Park subimpoundment hunters must be checked in 90 minutes before legal hunting hours (2 hours before sunrise). Permits are void after this time. At Spring Lake State Fish and Wildlife Area – Spring Lake Bottoms Unit hunters are required to check in at the check station no later than one hour before legal shooting time, after which time permits are void. Check out is required at all sites listed in this Section.

C) A $15 Daily Usage Stamp must be purchased at Snakeden Hollow

State Fish and Wildlife Area, Horseshoe Lake Conservation Area and Union County Conservation Area. Partners between 16 and 20 years of age must pay daily usage stamp fee. Partners under 16 are not required to purchase a daily usage stamp.

D) A $10 Daily Usage Stamp must be purchased at Banner Marsh

Fish and Wildlife Area, Spring Lake State Fish and Wildlife Area − Spring Lake Bottoms Unit and Sangchris Lake State Park subimpoundment. Non-hunting partners between 16 and 20 years of age must pay daily usage stamp fee. All partners under 16 are not required to purchase a daily usage stamp.

3) Hunting shall be done from assigned blinds only and hunters shall not

move from blind to blind or leave the blind and return. 4) Guns must be unloaded and encased at all times when not hunting. 5) The legal hunting seasonsseason for Horseshoe Lake Conservation Area

and Union County Conservation Area areis the dates of the SouthSouthern Quota Zone duck and goose hunting seasonsseason except that these areas shall be closed on Mondays, Tuesdays (except for the Illinois Youth Goose Hunt) and December 24, 25, 26 and the first weekday after December 26 other than a Monday. (These sites shall be open only for the Illinois Youth Goose Hunt on the first weekday after December 26 other than a Monday, pursuant to Section 685.110.)

6) The legal hunting season at Snakeden Hollow State Fish and Wildlife

Area is the dates of the Central Zone goose hunting season except that the




area shall be closed on Mondays, Tuesdays, Wednesdays, and December 24, 25 and 26.

7) The legal hunting season at Banner Marsh Fish and Wildlife Area is the

dates of the Central Zone duck hunting season. 8) The legal hunting season for the Sangchris Lake Subimpoundment is the

opening day of the Central Zone duck hunting season, Tuesdays, Thursdays and Sundays, and the last day of the Central Zone duck hunting season except during the second firearm deer season when the Subimpoundment will be closed on the first day of the season and hunting hours will close at 10:00 a.m. during the remaining days of the second firearm deer season (on Thursdays blinds will be allocated by a daily drawing at the site pursuant to Section 590.60(b)(41)(B)).

9) The legal hunting season at Spring Lake State Fish and Wildlife Area –

Spring Lake Bottoms Unit is every Tuesday, Thursday and Sunday of the Central Zone duck hunting season except the second Sunday in November, which is closed due to the Youth Hunt.

10)9) At Horseshoe Lake Conservation Area and Union County Conservation

Area during duck season hunters may possess up to 25 shot shells. When duck season is closed hunters may not possess more than 5 shot shells for every Canada goose allowed in the daily bag limit. At Snakeden Hollow State Fish and Wildlife Area hunters may not possess more than 5 shot shells for every Canada goose allowed in the daily bag limit.

11)10) At Horseshoe Lake Conservation Area and Union County Conservation

Area hunters may bring up to 3 dozen decoys per party. No full bodied or supermagnum shell decoys are allowed. At Sangchris Lake Subimpoundment only Department decoys may be used.

12)11) Hunters without their guns may leave the blind to retrieve crippled

waterfowl at Horseshoe Lake Conservation Area and Union County Conservation Area.

13)12) Hunters must be at least 16 years of age (except for the Illinois Youth

Goose/Duck Hunt) to draw for a pit or blind. Each person under 16 years of age must be accompanied by a supervising adult.




d) Violation of this Section is a petty offense (see 520 ILCS 5/2.20).

(Source: Amended at 30 Ill. Reg. 15694, effective September 18, 2006) Section 590.40 Check Station Department Sites Only – Duck, Goose and Coot Hunting

a) The sites listed in this Section conform to Statewide Regulations (Section 590.10) and General Department Regulations (Section 590.15), except as noted in parentheses and in the remainder of this Section. Daily hunting hours close at 1:00 p.m. unless otherwise indicated in parentheses below. 1) Anderson Lake Conservation Area – All Management Units (previous

years blind builders shall have until February 1 to salvage blind materials) 2) Batchtown (3:30 p.m. CST closing) (except the last 3 days of duck season

and the last 3 days of regular Canada goose season shall close at sunset; 3 year blind allocation period)

3) Calhoun Point (3:30 p.m. CST closing) (except the last 3 days of duck

season and the last 3 days of regular Canada goose season shall close at sunset; 3 year blind allocation period)

4) Glades (3:30 p.m. CST closing) (except the last 3 days of duck season and

the last 3 days of regular Canada goose season shall close at sunset; 3 year blind allocation period)

5) Godar-Diamond (3:30 p.m. CST closing) (except the last 3 days of duck


6) Horseshoe Lake State Park – Madison County (3:30 p.m. CST closing)

(except the last 3 days of duck season and the last 3 days of regular Canada goose season shall close at sunset with the exclusion of Christmas Day; 3 year blind allocation)

7) Lake DePue and Lake DePue Walk-in Unit (aka 3I) 8) Marshall State Fish and Wildlife Area (the use of any metal, with the

exception of fasteners less than 12 inches in length, carpet, and plastic snow fence or mesh will be prohibited in the construction of waterfowl




blinds; previous year's blind builders shall have until February 1 to salvage blind materials)

9) Mazonia State Fish and Wildlife Area (previous years blind builders shall

have until February 1 to salvage blind materials; goose hunting prohibited before and after duck season; closed Mondays and Tuesdays)

10) Rice Lake Conservation Area (previous years blind builders shall have

until February 1 to salvage blind materials) 11) Sanganois State Fish and Wildlife Area (check station and walk-in areas,

hunters are not required to hunt from a blind site during goose seasons held after the duck season)

12) Spring Lake State Fish and Wildlife Area (all hunting must be from

portable boat blinds within 10 yards of the assigned numbered stake or buoy; no more than 3 persons shall use one blind; exceptions will be announced at the site’s annual duck blind drawing; the maximum horsepower limit of motors on the lake is 25 hp; goose hunting prohibited prior to the regular duck season)

13) Stump Lake (3:30 p.m. CST closing) (except the last 3 days of duck


14) Woodford State Fish and Wildlife Area (the use of any metal, with the

exception of fasteners less than 12 inches in length, carpet, and plastic snow fence or mesh will be prohibited in the construction of waterfowl blinds; previous year's blind builders shall have until February 1 to salvage blind materials)

15) William Powers Conservation Area (previous years blind builders shall

have until May 1 to remove blinds in their entirety, including support posts; failure to comply will result in the blind builder and partners for that blind losing privilege of being a blind builder or partner at this site for the following year; no goose hunting prior to duck season; hunting from boat blinds is permitted within 10 feet at allof the following numbered marked blind sites: 4, 5, 7, 8, 11, 12, 14, 16, 17, 18, 19, 20, 21, 22, 23; all hunters must sign in prior to occupying blind and must sign out no later than one hour after closing time)




b) The following regulations apply to all sites listed in this Section under subsection

(a): 1) All hunters must report to the check station to fill out information cards

and to turn in hunting licenses or Firearm Owner's Identification Cards before proceeding to blinds. Beginning the day after duck season ends, when the check station is not operating, unclaimed blinds shall be allocated on a first come-first served basis, as per Section 590.50(b)(1), (2) and (3). Goose hunters must sign in prior to hunting and sign out and report their harvest at the end of each day's hunt.

2) Registered blind builders or partners desiring to claim their blinds must

report to the check station at least one hour before hunting hour each day and occupy that blind for at least one hour. Hunters wishing to move to another blind during their daily hunt must report back to the check station for reassignment.

3) All hunting must be from registered blinds only and hunters must occupy

their blinds within one hour after registering at the check station. 4) All hunters must be checked out within one hour of the close of the legal

hunting hours. At this time waterfowl and coots bagged must be checked and hunting licenses or Firearm Owner's Identification Cards shall be returned.

5) It shall be unlawful to trespass upon the designated duck hunting area

during the 7 days prior to the regular duck season as posted at the site. At Mississippi River Area Pools 25 and 26 and Horseshoe Lake State Park (Madison County) it shall be unlawful to trespass upon the designated duck hunting area between sunset of the Sunday immediately preceding opening day of regular duck season through the day before regular duck season as posted at the site.

6) It shall be unlawful to trespass upon areas designated as waterfowl rest

areas or refuges from 2 weeks prior to the start of regular duck season through the close of regular duck and Canada goose season.

7) No more than 4 persons shall occupy a blind at one time, except on the

statewide Youth Waterfowl Hunting Day, as authorized in Section




590.15(f), 5 persons may occupy a blind at one time only if the party is comprised of 2 youth hunters, their non-hunting parents and one non-hunting guide.

8) Blind sites shall be allocated for a period of one year unless otherwise

noted in parentheses under subsection (a). 9) During duck season, blinds not claimed by the builder or partners by one

hour before hunting time shall be assigned by a drawing at this time and during the hours from 8:00 a.m. to 11:00 a.m., except at Marshall State Fish and Wildlife Area and Woodford State Fish and Wildlife Area, any blinds left unclaimed after completion of the daily drawing will be assigned on a first come-first served basis up to 30 minutes after the drawing and from 8:00 a.m. to 11:00 a.m., and except at Batchtown, Calhoun Point, Glades, Godar-Diamond, Horseshoe Lake State Park (Madison County) and Stump Lake (9:00 a.m.-1:00 p.m.) after which time the area shall be closed to additional hunters.

10) Previous year's blind builders shall have until 7 days after the next

allocation period drawing to salvage materials from their blinds, except as listed in parentheses under subsection (a). After this date, all materials become the property of the new blind builder or the Department.

11) For those sites listed in this subsection that have 3 year blind allocation

periods, re-registration of blind sites during the non-draw years must be accomplished in person during a publicly announced period. Failure to re-register during the prescribed period will result in the loss of blind site. Registrants must present current year's Illinois hunting license and State waterfowl stamp for each blind builder. Blinds not re-registered will be allocated by a drawing. No waterfowl blind may be removed until after the close of the waterfowl season.

c) Violation of this Section is a petty offense (see 520 ILCS 5/2.20).


Section 590.50 Non-Check Station Department Sites Only – Duck, Goose and Coot Hunting

a) The following sites conform to Statewide Regulations (Section 590.10) and




General Department Regulations (Section 590.15), except as noted in the remainder of this Section.

Anderson Lake West Point Management Unit (walk-in or boat; staked sites; daily draw) Chain O'Lakes State Park (For goose seasons prior to duck season, hunting allowed from numbered blind sites only and blinds need not be completed; blinds must be removed in their entirety, including support posts, by May 1; failure to comply will result in the blind builder and partners for that blind losing the privilege of being a blind builder or partner at this site for the following year)

Clear Lake Wildlife Management Area (one year blind allocation)

Des Plaines River Conservation Area (Goose hunting permitted during special goose season prior to regular waterfowl season; during special goose season hunting allowed from numbered blind sites only and blinds do not have to be completed; previous years blind builders shall have until February 1 to salvage blind materials) Double T State Fish and Wildlife Area (Wednesday, Saturday and Sunday hunting only; daily drawing at Rice Lake State Fish and Wildlife Area check station; hunting from staked blind sites only; no other use October 1 through the close of the Central Zone goose season)

Fuller Lake (Daily hunting hours close at 3:30 p.m. CST, except the last 3 days of duck season and the last 3 days of regular Canada goose season shall close at sunset; 3 year blind allocation period)

Helmbold Slough (3 year blind allocation period)

Illinois River – Pool 26 (3 year blind allocation period)

Kankakee River State Park (no boat hide required; no goose hunting permitted prior to duck season; previous years blind builders shall have until February 1 to salvage blind materials)

Lake Sinnissippi (Department Owned Land; the use of any metal, with the exception of fasteners less than 12 inches in length, will be prohibited in the construction of waterfowl blinds; waterfowl hunters allocated blind numbers 1, 2,




3, 4, 13, 14, 15, 16, 20, 21, 26, 27, 28, 29, 30, 31 or 32 will have the option to either construct a platform blind (4' x 8' with boat hide) or a boat hide blind no less than 7.5'6' x 18' in dimension fully enclosed on all four sides, must include 4 shooting holes or ports and brushed (doors capable of being closed are permitted for boat access); hunters choosing to construct a boat hide type of blind will not be required to construct a dog hide; blind numbers 1, 2, 3, 4, 13, 14, 15, 16, 20, 21, 26, 27, 28, 29, 30, 31 and 32 must be removed in their entirety no later than 10 days after the close of the Northern Zone waterfowl season, but may be removed beginning November 15; backwater blinds 5, 6, 7, 8, 9, 10, 11, 12, 18, 19, 22, 23, 24 and 25 must be removed in their entirety by the previous years' blind builder by no later than 7 days after the next allocation period; hunting from boat blinds is permitted within 10 feet from any numbered stake if the blind has not been constructed; for early teal season, hunting is from numbered blinds only, or if blinds have not been constructed, within 10 feet of the numbered stake; there is no early goose season in August or September; blinds may be removed beginning November 15; hunting from boat blinds is permitted within 10 feet of marked blind sites beginning November 15 for those blinds removed on or after November 15) Marshall State Fish and Wildlife Area – Sparland Unit (the use of any metal, with the exception of fasteners less than 12 inches in length, carpet, and plastic snow fence or mesh will be prohibited in the construction of waterfowl blinds; previous year's blind builders shall have until February 1 to salvage blind materials; hunters are required to check in and check out at the self-check box located at the Lacon boat ramp) Meredosia Lake (one year blind allocation period) – Rules and Regulations will be publicly announced.

Mississippi River Pool 16 (Federal Lands; no permanent blinds – temporary blinds only above Velie Chute except for Goose Pond, Sunfish Slough, and Milan Bottoms (landward area upriver from River Mile 474); 2 year blind allocation period; scull boat hunting for waterfowl is permitted but hunters must not get closer than 200 yards from a permanent duck blind or in areas posted as closed to scull hunting)

Mississippi River Pool 17 (Federal Lands; scull boat hunting for waterfowl is permitted but hunters must not get closer than 200 yards from a permanent duck blind or in areas posted as closed to scull hunting; 2 year blind allocation period)




Mississippi River Pool 18 (Federal Lands; scull boat hunting for waterfowl is permitted but hunters must not get closer than 200 yards from a permanent duck blind or in areas posted as closed to scull hunting; 2 year blind allocation period)

Mississippi River Pools 21, 22, 24 (Federal Lands; 2 year blind allocation period)

Mississippi River Pools 25, 26 (Federal Lands; 3 year blind allocation period)

Momence Wetlands (Hunting allowed from a portable blind or anchored boat blind only; no more than 3 persons per blind site; no hunting during firearm deer seasons)

Pekin Lake State Fish and Wildlife Area (all hunting must be from portable boat blinds within 10 yards of the assigned numbered stake or buoy; no more than 3 persons shall use one blind; exceptions will be announced at the site’s annual duck blind drawing; goose hunting prohibited prior to the regular duck season) Piasa Island (3 year blind allocation period)

Quincy Bay (Mississippi River Pool 21) (hunting hours legal opening to 1:00 p.m. for blinds 1 through 25 only)

Red's Landing (3 year blind allocation period; that portion of Red's Landing that is north of the access road will be noted as a walk-in/boats without motors area only; no permanent blinds; daily hunting hours will close at 3:30 p.m. CST, except the last 3 days of duck season and the last 3 days of regular Canada goose season shall close at sunset; hunting parties shall not hunt over less than 12 decoys nor more than 24 decoys)

Redwing Slough/Deer Lake (closed on Mondays, Tuesdays, Thursdays and Fridays except that hunting will be allowed on opening day of duck season; no goose hunting except during duck season; previous years blind builders shall have until February 1 to salvage blind materials; daily hunting hours will close at 1:00 p.m.)

Redwing Slough/Deer Lake State Natural Area (hunting from boat blinds is permitted within 10 feet of marked blind sites)

Rice Lake, Walk-in Management Unit, Copperas Creek Management Unit and Big Lake Management Unit (Walk-in or boats without motors only; daily




drawing; daily hunting hours will close at 1:00 p.m.)

Riprap Landing (3 year blind allocation period; that portion of Riprap Landing that is south of blind 5, known as Rust Land Company, will be noted as a walk-in; boats without motors in area only; no permanent blinds; hunting parties shall not hunt over less than 12 decoys or more than 24 decoys; decoys must be picked up daily; no vehicles allowed)

Shabbona Lake State Recreation Area (Hunting will be allowed between November 1 and December 31 but only when the North Zone Canada goose season is open; permanent, pre-constructed blinds will be awarded for either November or December; boat and dog hides are not required; persons awarded blinds at the drawing, or their partners, must claim their blinds one hour before legal shooting hours; hunting hours will end at 1:00 p.m. daily)

Starved Rock State Park (Department managed areas; the use of any metal, with the exception of fasteners less than 12 inches in length, will be prohibited in the construction of waterfowl blinds; all blinds must be removed in their entirety no later than 10 days after the close of the Central Zone duck season; blinds may be removed beginning November 15; hunting from boat blinds is permitted within 10 feet of marked blind sites beginning November 15 for those blinds removed on or after November 15; hunting from boat blinds within 10 feet of marked blind sites is allowed until the end of the regular Central Zone Canada goose season)

b) The following regulations apply to all sites listed in this Section under subsection

(a). 1) Blind builders or partners must occupy their blinds by one-half hour

before opening hunting hour each day in order to claim their blind for the day. Blinds not legally occupied may be claimed on a first come-first served basis.

2) Attempts to claim blinds by any manner other than actual occupation shall

be considered in violation of this Part and shall be cause for arrest. The insertion of a boat into the boat hide and/or the spreading of decoys before a blind shall not be considered legal occupation of a blind.

3) All hunting must be from registered blinds only unless otherwise noted in

parentheses under subsection (a).




4) Blind sites shall be allocated for a period of one year unless otherwise noted in parentheses under subsection (a).

5) Previous year's blind builders shall have until 7 days after the next

allocation period drawing to salvage materials from their blinds, except as listed in parentheses under subsection (a). After that date, blinds become the property of the new blind builders.

6) No more than 4 persons shall occupy a blind at one time, except on

Mississippi River Pools 16, 17, 18, 21, 22 and 24 and Blanding Wildlife Area.

7) On Mississippi River Pools 16, 17, 18, 21, 22 and 24 and Blanding

Wildlife Area the limit of 4 persons does not apply. 8) For those sites listed in subsection (a) that have 3 year blind allocation

periods, re-registration of blind sites during the non-draw years must be accomplished in person during a publicly announced period. Failure to re-register during the prescribed period will result in the loss of blind site. Registrants must present current year's Illinois hunting license and State waterfowl stamp for each blind builder. Blinds not re-registered will be allocated by a drawing. No waterfowl blind may be removed until after the close of the waterfowl season.

9) It shall be unlawful to trespass upon areas designated as waterfowl rest

areas or refuges 2 weeks prior to the start of regular duck season through the close of regular duck and Canada goose season as posted at the site.

10) It shall be unlawful to trespass upon the designated waterfowl hunting area

during the 7 days prior to the waterfowl season as posted at the site. At Mississippi River Area Pools 25 and 26 it shall be unlawful to trespass upon the designated waterfowl hunting area between sunset of the Sunday immediately preceding the opening date of waterfowl season through the day before waterfowl season as posted at the site.

c) Blind winners on the following sites will be provided forms for the purpose of

maintaining waterfowl harvest records. The forms must be completed and returned within 15 days after the close of the site's waterfowl season or the blind builder and partners for that blind shall not be allowed to be a blind builder or partner at these sites for the following year.




Chain O'Lakes State Park

Clear Lake Wildlife Management Area

Des Plaines Conservation Area

Kankakee River State Park Pekin Lake State Fish and Wildlife Area

Redwing Slough/Deer Lake

d) Violation of this Section is a petty offense (see 520 ILCS 5/2.20).

(Source: Amended at 30 Ill. Reg. 15694, effective September 18, 2006) Section 590.60 Various Other Department Sites – Duck, Goose and Coot Hunting The sites listed in this Section conform to Statewide Regulations (Section 590.10) and the following regulations, except as noted.

a) Regulations 1) Hunting hours are from legal opening to 1:00 p.m., except hunting shall be

permitted until sunset on those sites indicated by (1) following the location in subsection (b).

2) No permanent blinds allowed, except for Department constructed blinds;

all blinds must be of a portable nature and constructed with natural vegetation at the blind site and no pits can be dug. All materials must be removed or dismantled at the end on the day's hunt.

3) Portable boat blinds must have been completed, including final brushing,

before entering the water and must be removed at the end of the day's hunt.

4) Waterfowl hunters must maintain a distance of 200 yards between hunting

parties, except for Department constructed blinds or staked locations.




5) No hunting is permitted within 200 yards of developed recreation areas, public use facilities, and construction or industrial sites.

6) No check station is operated nor is any check in/check out required, except

as indicated in the remainder of this Section. 7) It shall be unlawful to trespass upon areas designated as waterfowl rest

areas or refuges from 2 weeks prior to the start of regular duck season through the close of regular duck and Canada goose season except as indicated in the remainder of this Section.

8) It shall be unlawful to trespass upon the designated waterfowl hunting area

during the 7 days prior to the regular duck season unless otherwise posted at the site.

b) Site specific regulations

1) Blanding Wildlife Area (federal lands, boat access only; scull boat hunting

for waterfowl is permitted but hunters must not get closer than 200 yards from a permanent duck blind or in areas posted as closed to scull hunters)

2) Boston Bay (no permanent blinds may be built; temporary blinds only;

200 yards apart) 3) Cache River State Natural Area (1) 4) Campbell Pond Wildlife Management Area (1) 5) Carlyle Lake Project Lands and Waters

A) No one may enter the subimpoundment area to hunt waterfowl

before 4:30 a.m. each day of the waterfowl hunting season, or remain in the area after 3:00 p.m. each day of the waterfowl hunting season, except during the last 3 days of the Canada goose season and during any goose seasons that occur before or after Canada goose season, hunters must be out of the area by one hour after sunset and not return until 4:30 a.m. The subimpoundment area is defined as that area bordered by the Kaskaskia River on the east and south and extending north and west to the Carlyle Lake project boundary, and includes impoundment areas 1, 2, 3, and 4




and within the impoundments on the East Side Management Area located east of the Kaskaskia River.

B) The waters of Carlyle Lake are defined as the lake and that portion

of the Kaskaskia River, northfork, eastfork, Peppenhorst Branch and Allen Branch north of the buoys only, and Hurricane Creek that are within the boundaries of the Carlyle Lake property.

C) Walk-in hunting shall be permitted in subimpoundment areas.

Boats with no motors are allowed in the subimpoundments. Department personnel will designate boat launching locations.

D) When the water level in the subimpoundment area is too high (due

to flooding) to allow walk-in hunting, Department personnel shall post that the area is open to boats with motors of 10 hp or less and will designate boat launching locations.

E) Known eagle protection areas will be posted by the Site

Superintendent and will be closed to waterfowl hunting. F) Each hunting party is required to hunt over a minimum of 12

decoys. Decoys shall not be left out unattended or after 3:00 p.m. each day of the waterfowl season, except during the last 3 days of the Canada goose season and during any goose seasons that occur after Canada goose season, decoys shall not be left out unattended or later than one hour after sunset.

G) All waterfowl hunters must register prior to hunting each day of

the waterfowl hunting season at the nearest accessible registration box. All hunters must sign out and record their harvest daily before they exit the area.

H) The Army Corps of Engineers may build blinds on Corps managed

lands and waters for management purposes only. I) During the last 3 days of Canada goose season and during any

goose seasons that occur after Canada goose season, hunting hours shall close at sunset daily.

J) The following rules apply to North Allen Branch Waterfowl




Management Area (Eldon Hazlet State Park) only: i) Three designated blind sites are available on a first come-

first served basis. Walk-in hunting only is permitted with a maximum of 4 hunters per site. All hunting must be from one blind site located between identically numbered stakes.

ii) Hunters must sign in prior to hunting, and sign out and

report their harvest at the end of each day. All hunters must be checked out by 2:00 p.m. daily, except the last 3 days of the Canada goose season, and during any goose seasons that may occur after the Canada goose season, hunters must be checked out by one hour after sunset.

iii) Decoys shall not be left out unattended. iv) When the lake floods this area and designated blind sites

are not usable for walk-in hunting, the Department, by public announcement and/or posting, will open the affected area to hunting from boats per Carlyle Lake Project Lands and Waters' rules.

6) Chauncey Marsh (1)

Permit required, may be obtained at Red Hills State Park Headquarters and must be returned by February 15.

7) Clinton Lake (1)

A) Hunters must obtain a free site hunting permit and windshield card

from the site office prior to hunting. While hunting, the windshield card must be visible in the windshield with the permit number clearly visible. Site hunting permits must be in the hunter's possession while in the field. Hunters must return the permit and report harvest by February 15 of the following year, or hunting privileges for the following season shall be forfeited.

B) Except as described in subsections (b)(7)(C) and (D), hunting is

allowed only from anchored portable blinds, except that no waterfowl hunting is permitted in the area extending from a line between the west side boat ramp and the southern-most point of




the central peninsula to the Davenport Bridge. C) Waterfowl hunting is also permitted from staked sites in

designated areas on a first come-first served basis. Walk-in or boat hunting only. Hunting parties must hunt within 25 yards of a staked site. No more than 4 hunters per party are permitted.

D) Hunting is permitted from permanent land-based Disabled Hunting

Program blinds. E) Each party must hunt over a minimum of 12 decoys. Decoys must

be removed from the sites following each day's hunt. Decoys must not be left unattended.

F) Except for the Handicap Hunting Program facilities, blinds must be

portable or built from material brought in or available at the blind site. Blinds must be dismantled and removed at the end of each day's hunt. No trees or bushes may be cut.

8) Coffeen Lake State Fish and Wildlife Area

A) Hunters must sign in prior to hunting and sign out, reporting

harvest at the end of each day. B) Hunting from staked sites only. C) No permanent blinds. D) Hunting by boat access only. E) No cutting vegetation on site. F) Hunting north of railroad tracks only. G) Hunting hours from legal opening to 1 p.m. Fishing allowed

between the railroad tracks and the county road after 1:00 p.m. H) Four hunters per blind site. I) No hunting during firearm deer seasons.




J) All hunters must be checked out at sign in box by 2:00 p.m.

9) Cypress Pond State Natural Area (hunters must sign in prior to hunting

and sign out reporting harvest at the end of each day) (1)

10) Devil's Island State Fish and Wildlife Area (1) 11) Dog Island Wildlife Management Area (1)

Hunters must sign in prior to hunting and sign out reporting harvest at end of each day.

12) Donnelley State Wildlife Area A) Hunting is prohibited on Tuesdays and Wednesdays except open

on opening day and on the first Sunday immediately preceding the first firearm deer season as set forth in 17 Ill. Adm. Code 650.10 except as indicated in Section 590.25.

B) Goose hunting is prohibited after the close of the duck season. C) All hunting shall be from designated blinds only. Refilling or

changing blinds is not permitted. D) All hunters must report to the check station to fill out an

information card and turn in hunting licenses or Firearm Owner's Identification Cards before proceeding to blinds.

E) A hunter may bring one or 2 hunting partners under the age of 21. F) $10 daily usage stamp must be purchased to hunt this area. Non-

hunting partners between 16 and 20 years of age must pay daily usage stamp fee. Non-hunting partners under 16 are not required to purchase a daily usage stamp.

G) No outboard motors are allowed by public – only by authorized

DNR personnel. H) No more than 3 persons shall occupy a blind at any one time.




I) All parties are required to report to check station within one hour after termination of hunt or no later than 2:00 p.m.

J) All parties must hunt over a minimum of 12 decoys and a

maximum of 48 decoys can be used, which must be removed upon the termination of the hunt.

K) The first weekend and the third Saturday of the regular duck

season shall be designated as youth hunt days. This shall consist of youth or youths 15 and under plus one adult per blind. There shall be no charge for the youth on these days. Those blinds not allocated to youths shall be available to adults on those days.

L) One blind shall be made available by priority claim to "disabled"

persons (as defined in Section 2.33 of the Wildlife Code). 13) Fort de Chartres Historic Site (1)

A) Hunting is allowed from anchored, portable boat blinds only on a

first come-first served basis. B) Each hunting party is required to hunt over a minimum of 12

decoys which must be removed at the end of each hunting day. C) No hunting is allowed during firearm deer season.

14) Fox Ridge State Park (1)

Hunting restricted to Embarras River and its flood waters.

15) Fox River (1) A) Waterfowl hunting is prohibited on that portion of the Fox River

running from the Kendall-Kane County line downstream to a line extending from the intersection of Route 71 and Douglas Street in Oswego, across the Fox River to the intersection of Hickory Lane and Riverview Drive.

B) Waterfowl hunting shall be from Department designated sites only

on that portion of the Fox River downstream from the line extending from the intersection of Route 71 and Douglas Street in




Oswego, across the Fox River to the intersection of Hickory Lane and Riverview Drive downstream to the Fox River Drive Bridge. Hunting at the designated sites will be on a first come-first served basis. Statewide regulations shall be in effect with no other Sections of this Part being applicable.

16) Fox River – Chain of Lakes (Lake and McHenry Counties) (1)

Waterfowl blind regulations promulgated in accordance with the Illinois Administrative Procedure Act [5 ILCS 100] under the authority of the Fox Waterway Agency are in full force and effect on those public waters under their jurisdiction. Failure to comply with such regulations constitutes a violation of this Section. Statewide regulations shall be in effect with no other Sections of this Part applicable.

17) Freeman Mine Hunting regulations will be publicly announced.

18) Heidecke State Fish and Wildlife Area, Braidwood Fish and Wildlife Area and Powerton Lake A) Blind sites shall be allocated on a daily draw basis conducted at the

check stations 60 minutes before hunting time. Hunters shall register as parties for the drawing; each party drawn shall be allowed to select blind site in order drawn; only those hunters registered in party shall be allowed to hunt with their party; no more than 3 hunters per party; persons under the age of 16 shall not be allowed to hunt unless accompanied by an adult.

B) Blind sites not selected during the drawing shall be allocated on a

first come-first served basis. Vacant blind sites shall not be allocated after the drawing until one hour after legal hunting time. No blind sites shall be allocated after 10:00 a.m. Hunters wishing to move to another blind site must report this move to the check station attendant in person before such a move.

C) Access to water blind sites must be by boat only and from

designated boat launch sites. D) All hunting must be from portable boat blinds, within 10 yards of

the assigned numbered stake or buoy. No more than 3 persons




shall use one blind. E) Upon vacating blind sites, all hunters must report to the check

station within one hour. At this time, waterfowl bagged must be checked in and displayed to the station operator and hunting licenses returned.

F) Each hunting party is required to hunt over a minimum of 12

decoys. Decoys must be picked up immediately after the hunt is over.

G) Heidecke Lake and Braidwood Lake shall be closed to all fishing

and boat traffic except for legal waterfowl hunters from 10 days prior to regular duck season until the close of the regular duck and Canada goose season. Powerton Lake shall be closed to boat traffic from 7 days prior to opening of regular duck season until February 15, except for legal waterfowl hunters, and closed to all unauthorized entry during the regular duck season.

H) No hunting on Monday and Tuesday at Heidecke and Braidwood

Lakes. No hunting at Powerton Lake on Monday through Thursday except hunting permitted on State holidays.

I) It is unlawful to hunt waterfowl on the water area in any watercraft

less than 16 feet long and 60 inches in beam and without a gas-powered motor.

J) No guns may be carried from water blinds to retrieve waterfowl

that fall on land. K) Hunting is closed on Christmas Day and New Year's Day. L) All water areas not posted with blind site numbers shall be refuge

and are closed to all boat traffic except by authorized personnel. M) It is unlawful to shoot across any dike. N) Waterfowl hunting shall close with the conclusion of the duck

season at Powerton Lake. At Heidecke and Braidwood Lakes, waterfowl hunting closes at the end of duck or goose season,




whichever is later. No goose hunting is allowed prior to duck season.

19) Hidden Springs State Forest (hunting restricted to Richland Creek and its

floodwaters) (1) 20) Horseshoe Lake (Alexander County) Public Hunting Area

A) Closed to waterfowl hunting on Mondays and Tuesdays. B) When duck season is closed, goose hunters may not possess more

than 5 shot shells for every Canada goose allowed in the daily bag limit.

21) Horseshoe Lake Refuge (no hunting allowed, no boat motors except

trolling motors will be allowed on Horseshoe Lake from October 15 to March 1)

22) Horseshoe Lake State Park (Madison County) – Gabaret, Mosenthein,

Chouteau Island Unit (site permit required) 23) Kaskaskia River Fish and Wildlife Area (only the last 3 days of both the

duck season and the last 3 days of the regular Canada goose season) (1) A) No waterfowl hunters may remain in the area after 3:00 p.m. For

those lands lying south of Illinois Route 154 and north of Illinois Route 13, the legal hunting hours shall be from statewide opening hour until statewide closing hour.

B) All waterfowl hunting parties must use at least 12 decoys. Hunting

is allowed on a first come-first served basis. C) It is unlawful to leave duck and goose decoys unattended. Decoys

must be picked up at the end of each day's hunt. D) All waterfowl hunters must register prior to hunting each day of

the waterfowl season at the nearest check station, and must sign out and record their harvest daily before they exit the area.

E) The following regulations apply to the Doza Creek Waterfowl




Management Area: i) No waterfowl hunters may enter the area before 4:303:00

a.m. each day of the waterfowl hunting season. No waterfowl hunters may remain in the area after 3:00 p.m. During the second firearm deer season, waterfowl hunting closes at 11:00 a.m. and no waterfowl hunters may remain in the area after 1:00 p.m.

ii) Only waterfowl, coot, firearm deer hunting (during the

second firearm deer season only), archery deer and fall archery turkey hunting (as provided by 17 Ill. Adm. Code 670 and 720) allowed in this area during the duck hunting season; goose hunting is closed during the second firearm deer season if the second firearm deer season occurs after duck season.

iii) For the first 4 days of the duck season, all waterfowl

hunting must occur within 10 yards of an assigned, numbered stake, and only one hunting party may occupy a staked site at any given time. Starting on day 5 and for the remainder of the waterfowl season, hunting is allowed on a first come-first served basis and hunting need not occur by a stake. Waterfowl hunters must maintain a distance of 200 yards between hunting parties.

iv) A drawing for stake allocation will be done at the site

office by mail no later than 4 weeks before the opening day of duck season. The application deadline and procedure will be publicly announced. Hunters who wish to hunt together at a staked location must register as a hunting party. Only 4 persons shall be in a hunting party. Only those persons in that party may hunt at the assigned stake. No later than 2 weeks prior to duck season, at least one person from each of the hunting parties drawn should appear at the site office to choose a staked site in the order that the hunting parties were drawn.

F) Handicapped accessible waterfowl hunting blind (Dry Lake Access

Area)




i) Application for hunting dates should be received at the site

office September 1-10 and will be allocated on a first request basis or via a drawing, if needed.

ii) Three hunters are allowed in the blind. At least one hunter

must have a P-2 handicapped certification. iii) Hunters must sign in/out and report harvest at check station

after hunting. 24) Kickapoo State Recreation Area

A) Hunting permitted only from staked sites. Hunters must sign in

prior to hunting and sign out and report harvest at the end of each day's hunt.Sites will be allocated by daily drawing at the designated check in. Registration will be from 4:30 a.m. to 5:00 a.m. each day. The drawing will be held immediately after registration period.

B) Hunters must register and hunt as parties. No more than 4 hunters

per party are permitted. Parties will select blind sites in the order they are drawn. No non-hunting partners.

C) Staked sites not selected during the drawing shall be allocated on a

first come-first served basis. C)D) Upon vacating their blinds, all hunters must take their completed

harvest cards, issued daily on site, and place them in the collection box at the designated check station.

D)E) Each hunting party must hunt over a minimum of 12 decoys. E)F) Waterfowl hunting is permitted only during the first 7 weekdays of

the November portion of the Central Zone Canada goose season. F)G) Hunting from staked sites only. Hunting must be within 10 feet of

the staked location. All hunting must be from one portable blind or one anchored boat blind. Electric motors only for all boats.




G)H) Blind material must be brought in and taken out each day. No vegetation may be cut at the site.

H)I) Hunting hours are from legal opening to 1:00 p.m. Hunters must

be out of the field by 2:00 p.m. I)J) Hunters wishing to move to another vacant blind location may do

so on a first come-first served basis, provided they include the blind change on the harvest card and report their harvest for each blind. If hunters do not occupy the stake they have drawn by legal shooting time, they forfeit the right to the staked hunting location.

25) Kinkaid Lake Fish & Wildlife Area (1) 26) Lake Shelbyville West Okaw and Kaskaskia Fish and Wildlife Area

A) Waterfowl hunting shall be permitted as described below except in

duly posted restricted and "No Hunting" areas. B) Waterfowl hunting in the Fish Hook, the North Dunn, the McGee,

and the Jonathan Creek Waterfowl Areas shall be allotted by a daily drawing from opening day through the first Saturday and Sunday of the regular waterfowl season. Parties must register for drawings between 3:00 a.m. and 4:00 a.m. Central Standard Time at the check station on those days. Each party drawn shall be allowed to choose one of the staked sites in the waterfowl area. Parties must select sites in the order they are drawn. Maximum party size is 4 persons. In addition, the following regulations shall apply: i) All parties must hunt within 10 yards of their assigned

stake. ii) All parties must be in place by ½ hour before hunting time. iii) All parties are required to report their harvest by 2:00 p.m.

following each hunt. C) Hunting in the Jonathan Creek, North Dunn and McGee Waterfowl

Areas shall be restricted to designated, staked sites on a first come-




first served basis except as noted in subsections (b)(26)(A) and (B). Hunting in the Fish Hook Area shall be restricted to designated, staked sites on a first come-first served basis until the opening of the Illinois Southern Zone duck season, except as noted in subsections (b)(25)(A) and (B). A hunting party must hunt within 10 yards of the stake.

D) Each hunting party in the Fish Hook, Dunn, Jonathan Creek and

McGee Waterfowl Areas are required to hunt over a minimum of 12 decoys.

E) Motors of over 10 horsepower shall not be operated in the Fish

Hook, Jonathan Creek, Dunn, and McGee Waterfowl Areas. F) Waterfowl hunting only is permitted in the Fish Hook, Dunn,

Jonathan Creek and McGee Waterfowl Areas during the regular waterfowl season, except that pheasant, rabbit and quail hunting is permitted after 1:00 p.m. daily beginning the day after the close of the Central Zone Duck Season.

G) During the regular waterfowl season, only licensed waterfowl

hunters with valid site waterfowl permits who are in the pursuit of waterfowl are permitted on the Kaskaskia River from the Strickland Boat Access north to the Illinois Central Railroad bridge from ½ hour before sunrise until 1:00 p.m.

H) A free permit is required, which is obtained from the site office.

Permits must be in possession while hunting waterfowl. The permit must be returned and harvest reported by February 15 or the hunter will forfeit his hunting privileges at this site for the following year.

27) Marshall State Fish and Wildlife Area – Duck Ranch Unit Only

A) On days open to hunting, blind or staked sites shall be allocated by

a random drawing held at Marshall State Fish and Wildlife Area (MSFWA) check station, 5 miles south of Lacon on S.R. 26. The drawing will be conducted 60 minutes prior to legal shooting time. Hunters shall register as parties for the drawing; each party drawn shall be allowed to select hunting blinds in the order drawn. No




more than 4 hunters per party; only registered party members shall be allowed to hunt in the party's blind.

B) Blinds or staked sites not selected during the drawing shall be

allocated on a first come-first served basis. Vacant staked sites shall not be allocated after the drawing until one hour after legal hunting time. No blind sites shall be allocated after 11:00 a.m. Daily hunting hours will close at 1:00 p.m.

C) All hunting must be from a designated blind or staked site.

Refilling or changing blinds or staked sites is not permitted. D) Hunters are required to report their harvest at the end of the day's

hunt on a harvest card located in the blind. Hunters are not required to report back to the MSFWA check station.

E) No hunting on Monday, Wednesday, or Friday.

28) Mermet

A) Waterfowl hunting shall be permitted only during the duck hunting

season only. B) Hunting is allowed in both the walk-in and blind areas only. Those

individuals wishing to hunt in the walk-in area are required to deposit their hunting licenses and register at the check station prior to entering the area. Individuals who wish to use the blind area are required to deposit their hunting licenses and participate in a daily drawing during which blinds shall be assigned. Individual hunter, or hunting party, can only be allocated one blind per day. Those persons exempted by law from having hunting licenses must deposit their Firearm Owner's Identification Cards.

C) No fishing on the area during duck season.The daily drawing shall

be held 1½ hour prior to legal hunting time. D) Hunting hours are from legal opening until 3:30 p.m. each day,

except the last 3 days of duck season, when hunting shall be allowed until sunset.All members of the hunting party shall register as a group (not to exceed 4 persons per group, except on the




statewide Youth Waterfowl Hunting Day, as authorized in 17 Ill. Adm. Code 685.110(c), 5 persons may occupy a blind at one time only if the party is comprised of 2 youth hunters, their non-hunting parents and one non-hunting guide) for the purpose of the drawing.

E) Manned check station will be closed Christmas Day and every

Sunday and Monday during regular duck hunting season. Walk-in hunting will be allowed on Sundays and Mondays.Hunter or hunting party is to accept and hunt the blind drawn, or reject it immediately. Hunters rejecting blinds are ineligible to hunt in the blind area for the remainder of that day. Any vacant (rejected) blinds at the end of the drawing can be drawn for by parties who drew "blanks" during the original drawing.

F) Blind sites shall be allocated on a daily drawing basis at the

manned waterfowl check station 90 minutes before legal hunting time (except Sunday and Monday when the manned check station is closed). All hunters are required to deposit their hunting licenses before entering the areas. Those persons exempted by law from having a hunting license shall deposit their Firearm Owner's Identification Card. Those hunters in the blind area shall park in designated areas. These parking areas shall be numbered to correspond with particular blind sites located along the levee road.

G) Hunters shall register as a party/group of up to 4 hunters for the

drawing (except on the statewide youth waterfowl hunting day, as authorized in 17 Ill. Adm. Code 685.110(c) when 5 people may occupy a blind at one time if the party includes 2 youth hunters); each party/group drawn shall be allowed to select a blind in the order drawn; only those hunters registered in that party/group shall be allowed to hunt with the party. In the blind area, a minimum of 12 decoys per blind is required while hunting waterfowl.

H) Upon allocation of blinds, all hunting parties/hunters must accept

and hunt the blind chosen, or reject the allocation of the blind immediately. All those rejecting the allocation of a blind shall be ineligible to hunt within the blind area for the remainder of that day. Individual hunters, or hunting parties, can only be allocated one blind per day. Blinds not selected during the main drawing shall be allocated on a first-come first-served basis. No blinds will




be allocated after 1:00 p.m., except the last 3 days of duck season when no allocation will be allowed after 3:00 p.m.Boats without motors may be used in the walk-in areas.

I) Hunters must occupy their blinds/hunting area within one hour

after registering at the manned check station.No hunting Christmas Day, Sundays and Mondays in the blind area.

J) All hunting parties are required to report to the check station

immediately after vacating their blind/hunting area and/or no later than 4:00 p.m. At that time, waterfowl harvested must be checked in and displayed to the check station operator. Only then will the hunting license be returned to the hunter. Hunting hours are from legal opening to 12 noon.

K) All hunters must park in designated areas only. All areas are

marked with corresponding numbers or area designations. Only one vehicle per hunting party will be allowed, unless approval is granted by check station operator.Hunters cannot possess more than 25 shotshells.

L) Within the blind area, a minimum of 12 decoys per hunting party

are required while hunting waterfowl. No decoys are required within the walk-in areas. All decoys must be removed from the area at the end of the day's hunt.

M) A 25 shotgun shell limit per hunter, per day, applies on this area.

It is unlawful for a hunter to have in his or her possession more than 25 shotgun shells while on the site.

N) All hunting must be conducted from the allocated blind. Hunting

outside of allocated blinds is not permitted, except within the walk-in areas.

O) Attempts to claim a blind by any manner other than actual

occupation shall be considered in violation of this Part and shall be cause for arrest. Insertion of a boat into a boat hide and/or the spread of decoys before a blind shall not be considered legal occupation of a blind.




P) Due to safety factors, persons under 16 years of age shall not hunt, or attempt to hunt, unless accompanied by a parent, legal guardian, or person designated by the parent or guardian who is 18 years of age or older.

Q) Claiming or attempting to claim any blind that is legally occupied

and/or harassing, in any manner, the occupants of a blind that is legally occupied is unlawful.

R) Boats without motors may be used within the walk-in areas.

29) Newton Lake Fish and Wildlife Area A) Blind sites shall be allocated by a daily drawing to be conducted at

4:30 a.m. Blind sites not selected during the drawing (or in the event that personnel are not available to conduct drawing) shall be allocated on a first come-first served basis until one hour before shooting time; and then after 9:00 a.m. All hunters must register before entering the hunting area. Hunting hours end at 1:00 p.m.; all hunters must be off the water or out of the field by 2:30 p.m. daily.

B) Upon vacating their blinds, all hunters must place their completed

harvest cards in the collection box located at the boat ramp or site headquarters.

C) There will be duly posted waterfowl refuges. These areas shall be

closed to all boat traffic and boat fishing during the waterfowl season.

D) No more than 4 persons shall occupy a blind at one time. E) The west arm of the lake shall be closed to all waterfowl hunting. F) Blind sites shall be determined by the Department of Natural

Resources and marked with numbered stakes. When it is deemed necessary, the Department shall remove, move or close blind sites in order to carry out the operations of the overall management program.




G) Hunters wishing to move to another vacant blind location may do so on a first come-first served basis, providing they include the blind change on the harvest card and report their kill for each blind. If hunters do not occupy the stake they have drawn by legal shooting time, they forfeit the right to the staked hunting location.

H) Access to water blind sites shall be by boat only and from the east

side boat ramps. Access to land sites shall be by walk-in only and from nearby hunter parking lots. No parking is allowed along county roads.

I) All water hunting must be from one portable blind or one anchored

portable boat blind located between the assigned numbered stakes, no more than 10 yards from shore. All land hunting must be done from a position within 50 feet of the assigned numbered stake.

J) Crippled waterfowl that fall on land, other than areas designated as

refuge, shall be retrieved by foot. However, no gun may be carried while attempting to recover such birds.

K) Blind site water: A position between 2 like numbered stakes

where a blind may be located. Blind site land: A position within 50 feet of numbered stakes where a hunter may set up or a temporary blind may be located.

L) Fishing shall be prohibited in the east arm of the lake during the

waterfowl season. M) Each party must hunt over a minimum of 12 decoys, and all decoys

must be removed at the end of each day's hunt. N) When it is deemed necessary for public safety reasons, such as

flooding, high winds, or heavy fog, the Department will close the lake area to all fishing and all boating activity except for non-water hunting programs.

O) This site is closed to all users except firearm deer hunters during

the firearms deer seasons. 30) Oakford Conservation Area (1)




31) Pyramid State Park – Captain Unit

A) All vehicles must have a site hunting permit displayed in windshield. Permits must be returned by February 15.

B) Hunting hours are from legal opening to 1:00 p.m.; hunters must

be out of the field by 2:00 p.m.

C) Each hunting party is required to hunt over a minimum of 12 decoys; all decoys must be picked up at the end of each day's hunt.

D) All hunters must register as a group not to exceed 4 names per

card. A hunter's name may only appear on one lottery card.No more than 4 hunters to a party.

E) Blind12 staked sites will be allocated by daily drawing at the

Galum Unit Office beginning at 4:30 a.m. in November, 5:00 a.m. in December and 5:30 a.m. in January. All hunting must occur within 10 yards of an assigned, numbered stake, except for stakes identified at the check station where hunters may hunt from any place in the wetland in which the stake is located. There will be no moving to staked locations after initial drawing.

F) SuccessfulAll names in a party must be on one card; successful

participants mustwill have their lottery card stamped with the date and blindstake number. The card must be in the possession of the hunter or group while hunting. Waterfowl harvested must be reported on blind selection card and returned daily to a hunter check station box.

G) Waterfowl hunters not participating in daily draw must report their

harvest on site hunting permit by February 15.

H) Entry time for hunters not participating in daily lottery is 4:30 a.m. in November, 5:00 a.m. in December and 5:30 a.m. in January.

I) Waterfowl hunters may not hunt on main lakes other than staked

locations. Hunters may hunt crop fields and wetlands that have not been staked; however, they must be a minimum of 200 yards from




the nearest staked location or another hunter.

J) No waterfowl hunting is allowed within 200 yards of the Captain Unit Waterfowl Rest Area or within 100 yards of any private property boundary.from the nearest staked location or another hunter.

K) The land and water portion of the Captain Unit Waterfowl Rest

Area is closed to all entry from October 28 through February 28. The location of the Captain Unit Waterfowl Rest Area is described as follows: All land and water west of Panda Bear Road north to Northern Haul Road, then south on Beltline Road to Western Haul Road, then east on Pyatt-Cutler Road.

L) After duck season is closed and during the Canada goose hunting

season, hunters may not possess more than 5 shot shells for every Canada goose allowed in the daily bag.

M) The waterfowl daily drawing and 12 staked locations will be

closed to hunting on December 25.

32) Pyramid State Park – Denmark Unit





D) All hunters must register as a group, but no more than 4 names

shall be listed per card. A hunter's name may only appear on one lottery card.No more than 4 hunters to a party.

E) Blind32 staked sites will be allocated by daily drawing at the

Galum Unit office beginning at 4:30 a.m. in November, 5:00 a.m. in December and 5:30 a.m. in January. All hunting must occur within 10 yards of an assigned, numbered stake, except for stakes




identified at the check station where hunters may hunt from any place in the wetland in which the stake is located. There will be no moving to staked locations after initial drawing.







locations. Hunters may hunt crop fields and wetlands that have not been staked; however, they must be a minimum of 200 yards from the nearest staked location or another hunter.

J) No waterfowl hunting within 200 yards of Denmark Unit

Waterfowl Rest Area and 100 yards of any private property boundary.

K) The land and water portion of the Denmark Unit Waterfowl Rest

Area is closed to all entry from October 28 through February 28. The location of the Denmark Unit Waterfowl Rest Area is described as follows: All land and water east of field DM 72 following Pipestone Creek, north and then east along Seven Island Trust Property Boundary, then east to Eastern Haul Road, then north to Pyatt-Cutler Road.

L) After duck season is closed and during the Canada goose hunting

season, hunters may not possess more than 5 shot shells for every Canada goose allowed in the daily bag.

M) The waterfowl daily drawing and 32 staked locations will be

closed to hunting on December 25.




33) Pyramid State Park – East Conant Unit





D) No more than 4 hunters to a party.

E) No waterfowl hunting within 100 yards from any private property

boundary.

F) After duck season is closed and during the Canada goose hunting season, hunters may not possess more than 5 shot shells for every Canada goose allowed in the daily bag.

G) Entry time for hunters not participating in daily lottery is 4:30 a.m.

in November, 5:00 a.m. in December and 5:30 a.m. in January. H) Hunters may hunt crop fields and wetlands; however, they must be

a minimum of 200 yards from the nearest staked location or another hunter.

34) Pyramid State Park – Galum Unit





D) All hunters must register as a group, but no more than 4 names




shall be listed per card. A hunter's name may only appear on one lottery card.No more than 4 hunters to a party.

E) Blind4 staked sites will be allocated by daily drawing at the Galum

Unit Office beginning at 4:30 a.m. in November, 5:00 a.m. in December and 5:30 a.m. in January. All hunting must occur within 10 yards of an assigned, numbered stake, except for stakes identified at the check station where hunters may hunt from any place in the wetland in which the stake is located. There will be no moving to staked locations after initial drawing.







locations. Hunters may hunt crop fields and wetlands that have not been staked; however, they must be a minimum of 200 yards from the nearest staked location or another hunter.

J) No waterfowl hunting within 100 yards of any private property

boundary.

K) After duck season is closed and during the Canada goose hunting season, hunters may not possess more than 5 shot shells for every Canada goose allowed in the daily bag.

L) The waterfowl daily drawing and 4 staked locations will be closed

to hunting on December 25. 35) Ray Norbut State Fish and Wildlife Area (1)




36) Rend Lake Project Lands and Waters

A) All waterfowl hunters and all boats must be out of the Casey Fork

and Big Muddy subimpoundments by 2:00 p.m. each day of the waterfowl season and not return until 4:30 a.m., except during the last 3 days of the Canada goose season, and during any goose season occurring after the Canada goose season, hunters must be out of the areas by one hour after sunset and not return until 4:30 a.m.

B) No hunting permitted from the subimpoundment dams. C) While waterfowl hunting, no one may have in his/her possession

any tool or device designed to cut brush or limbs, except common hunting knives and pocket knives.

D) No waterfowl hunting permitted within 200 yards of the refuge

boundary, or within 100 yards of any private property boundary. E) All boat traffic is prohibited from entering the subimpoundments

from one week before waterfowl season until opening day of waterfowl season.

F) All waterfowl hunters must sign in prior to hunting and sign out

and report their harvest at the end of each day's hunt. G) Air boats will not be allowed in the Casey Fork Subimpoundment, the Big Muddy Subimpoundment, and the

impoundments on Corps of Engineers' managed areas such as Atchison Creek and Gun Creek during the regular duck and Canada goose seasons. When ice conditions do not allow access at boat ramps by normal watercraft, then air boats can be used in the Casey Fork and Big Muddy Subimpoundments.

H) Permanent blinds at the Whistling Wings Access Area shall be

regulated as follows: i) During goose season, a separate drawing will be held for

the pits at Whistling Wings. This drawing will be held at




the Cottonwood check station following the drawing for staked hunting sites. Hunters may not register for more than one drawing per day. Unsuccessful hunters in the drawing for Whistling Wings pits may select any unclaimed staked location after the drawings.

ii) Hunters who wish to hunt together must register as a

hunting party and be present at the drawing. iii) All hunters must have the registration card from the check

station in their possession while hunting. iv) Hunters must occupy the pit they have drawn by legal

shooting time. If a pit is not occupied by legal shooting time, another party who has registered at the check station may occupy the unclaimed pit.

v) No more than 6 dozen decoys may be used per pit. vi) No more than 4 hunters will be allowed in a pit or hunting

party. I) Each hunting party is required to hunt over a minimum of 12

decoys at each blind site, and all decoys must be picked up at the end of each day's hunt.

J) During the last 3 days of Canada goose season and during any

goose seasons occurring after Canada goose season, hunting hours shall close at sunset daily.

K) The land portion of the Rend Lake Refuge is closed to trespassing

during waterfowl season. The location of the Rend Lake Refuge is described as follows: i) Bounded on the south by a buoy line, approximating the

Jefferson-Franklin County Line. ii) Bounded on the east by a buoy line and/or signs

approximating the channel of the Casey Fork Creek.




iii) Bounded on the west by a buoy line and/or signs approximating the channel of the Big Muddy River.

iv) Bounded on the north portion of the Big Muddy River by a

buoy line and/or signs approximating a line which would extend west from Ina, Illinois.

v) Bounded on the north portion of the Casey Fork Creek by

the Casey Fork Subimpoundment Dam. vi) Bounded on Nason Point by refuge boundary signs at

project limits. L) After the close of regular duck season, goose hunters may not

possess more than 5 shot shells for every Canada goose allowed in the daily bag limit.

M) Staked Hunting Areas – Those areas designated as a staked hunting

area will be publicly announced and the following regulations will apply: i) All hunting must occur within 10 yards of an assigned,

numbered stake except for stakes identified at the check station where hunters may hunt from any place in the field in which the stake is located and only one hunting party may occupy a staked site at any given time.

ii) Stakes will be assigned via a daily drawing held at 4:00

a.m. during November, 4:30 a.m. in December and 5:00 a.m. in January. Check stations will be open from ½ hour before drawing time to 9:30 a.m. daily.

iii) Check station at the Bonnie Dam Access Area will be

operated on a daily basis through the second weekend of the waterfowl season. Thereafter, Bonnie Dam check station will only be open on weekends and holidays as posted at the check station. Cottonwood Access Area will be operated on a daily basis throughout the waterfowl season for both Bonnie Dam and Cottonwood Hunting Areas. Hunters who wish to hunt together at a staked




location must register as a hunting party and be present for the drawing. Only those persons in that party may hunt at the assigned stake. No more than 5 persons shall be in a hunting party.

iv) Hunters arriving at the check station after the draw may

enter the staked area only if it is one hour prior to shooting time or between 9:00 a.m. and 9:30 a.m. All hunters must register at the check station.

v) When a staked hunting location is vacated by a hunting

party any other registered hunting party may claim the vacant stake on a first come-first served basis. If hunters do not occupy the stake they have drawn by legal shooting time, they forfeit the right to the staked hunting location.

vi) When hunting parties have killed their legal daily bag limit

of ducks (not including coots and mergansers) and/or Canada geese in respect to the legal hunting season dates they must vacate the hunting site.

vii) Hunters must sign in and out and report their harvest on the

cards at the access area where they launch.

37) Sahara Woods State Fish and Wildlife Area (1) 38) Saline County Conservation Area (1)

A) Waterfowl hunting is allowed north of the township road only. B) Walk-in hunting only. C) Hunters must sign in prior to hunting and sign out reporting

harvest at the end of each day. 39) Sand Ridge State Forest (Sparks Pond Land and Water Reserve) (1)

A) Hunting is permitted on Tuesdays and Saturdays during the duck

season. Permits are issued on a first come-first served basis.




B) Two hunters are allowed per blind. At least one hunter must have a P-2 handicapped certification.

C) Hunters must report harvest to site office.

40) Sanganois State Fish and Wildlife Area

A) Hunters using the main walk-in hunting area from opening day of

the Central Zone duck season through the first Sunday of the Central Zone duck season must have a permit issued from the site office. Procedures for issuance of permits will be publicly announced.

B) Hunters using the walk-in area shall use the check station at the

headquarters area located 8 miles northwest of Chandlerville just off Route 78 or the check station on the west side of the Illinois River one mile north of Browning near Route 100.

C) Walk-in waterfowl hunting shall be permitted only in the area

posted for this purpose. D) All hunters using a walk-in area must report to the check station to

fill out information cards and to turn in hunting licenses or Firearm Owner's Identification Cards before proceeding to area.

E) Topper's Hole is a walk-in area accessed by boat only, no check-in,

check-out, no permanent blinds, hunting parties must stay at least 200 yards apart, hunting parties shall hunt over no less than 12 decoys, daily hunting hours are legal shooting hours through 1:00 p.m. CST.

F) The Baker tract is a daily-draw walk-in area with 4 separate

hunting compartments. One party of hunters (up to 4 hunters per party) will be permitted to hunt in each hunting compartment. The allocation of the 4 Baker tract hunting compartments will be by daily draw as part of the site's daily draw vacant blind allocation. Parties must register for the draw together on the same card.

G) Upon the completion of hunting, hunters must report to the check

station within one hour.




H) Fishing is prohibited in the impoundment areas during the duck

season, except that walk-in only access for fishing from the bank is permitted after 1:00 p.m.

I) No person shall trespass on the Barkhausen Refuge during the

period from October 1 through end of goose season. J) No person shall trespass on the Marion-Pickerel Waterfowl Refuge

during the period from October 1 through the last day of the waterfowl season, unless prior permission for a specific reason (such as access to private land or to retrieve dead or wounded game) is granted by the site superintendent.

K) When the Central Zone goose season extends beyond the duck

season, goose hunting shall be permitted with statewide hunting hours in effect. Hunters need not occupy a blind. All hunting must be conducted within non-refuge areas.

L) No hunting permitted from the walk-in area subimpoundment

levee. M) Hunters may use boats without motors in the walk-in area; the

construction and/or use of permanent blinds in the walk-in area is prohibited.

41) Sangchris Lake State Park

A) During the last 3 days of the regularly scheduled Canada goose

season, hunting hours will close at statewide closing. B) Blind sites shall be allocated by a daily drawing to be conducted 90

minutes prior to hunting time. Blind sites not selected during the drawing (or in the event that personnel are not available to conduct the drawing) shall be allocated on a first come-first served basis. (During that portion of the Canada goose season which follows the duck season, the west side goose pit area, the west arm blind sites and east arm blind sites south of power lines shall be available for goose hunting and shall be allocated on a daily drawing basis to be held at 5:30 a.m. daily.)




C) During that portion of the light goose season which follows the

regular Canada goose season, the west-side goose pit area blinds, subimpoundment blinds, and designated fields west of the west boat ramp shall be available daily on a first come-first served basis. Hunters must sign in at the appropriate parking area no earlier than 5 a.m.

D) All hunting must be from registered blind sites only and hunters

must occupy their blinds within one hour after registering at the check station.

E) Upon vacating their blinds, hunters must place their completed

harvest cards in the collection boxes located at either the east or west boatdock.

F) There will be a duly posted waterfowl refuge. These areas shall be

closed to all boat traffic (except as allowed in subsection (b)(41)(K)) and boat fishing during the waterfowl season. Bank fishing along the dam shall be permitted.

G) No more than 4 persons shall occupy a blind at one time. H) The center arm of the lake shall be closed to all waterfowl hunting. I) Blind sites shall be determined by the Department of Natural

Resources and marked with a numbered stake. When it is deemed necessary, the Department of Natural Resources shall remove, move or close blind sites in order to carry out the operations of the overall management program.

J) Hunters wishing to move to another blind location may do so after

10 a.m. providing they include the blind change on the harvest card and report their kill for each blind.

K) Access to water blind sites shall be by boat only and from

designated boat launch sites. Blinds on the peninsula subimpoundment shall be accessed on foot once the hunter has reached the peninsula by boat. Corridors located along the edges of the existing refuge will be established to provide access to all




available blind sites as designated by site superintendent when conditions warrant.

L) All hunting must be from one portable blind or one anchored

portable boat blind located within a numbered cove and between the assigned numbered stakes or from one Department designated blind or pit.

M) Crippled waterfowl that fall on land, other than areas designated as

refuge, shall be retrieved by foot. However, no gun may be carried while attempting to recover such birds.

N) No unauthorized pits or blinds shall be built on State managed

land. O) Blind sites: A position between 2 like numbered stakes within a

cove or other Department designated site where a blind may be located.

P) Fishing shall be prohibited in the east and west arms of the lake

during the period from 10 days prior to the duck season through the end of the duck season, unless the youth waterfowl hunt is more than 10 days before the regular duck season, then the east and west arms will be closed to accommodate the youth waterfowl hunt. Fishing shall be prohibited in the west arm of the lake and the east arm of the lake south of the power lines during that portion of the Canada goose season that follows the duck season.

Q) Each party must hunt over a minimum of 12 decoys, and all decoys

must be removed at the end of each day's hunt. R) When it is deemed necessary for public safety reasons, such as

flooding, high winds, or heavy fog, the Department of Natural Resources will close the lake area to all fishing and all boating activity except for non-water hunting programs.

S) During flood conditions, waterfowl hunters may hunt the tailwaters

of Sangchris Lake dam including Clear Creek and the South Fork of the Sangamon River. Decoys must be removed at the end of each day's hunt.




T) West-side goose pit area blinds will be available every day each

week except Tuesday and Wednesday, through the regular Canada goose season, except for the Tuesday and Wednesday preceding the last day of the Canada goose season.

U) Hunters in the west-side goose pit area may not possess more than

5 shot shells for every Canada goose allowed in the daily bag limit after the close of the Central Zone duck season.

V) All blinds will be closed during the first day of the second firearm

deer season; hunting hours will be from statewide hunting hours until 10:00 a.m. the remaining days of the second firearm deer season.

42) Shawnee National Forest, Upper and Lower Bluff Lakes

Goose hunting is prohibited at Lower Bluff Lake.

43) Shawnee National Forest, LaRue Scatters All hunting must be by walking in or in boats without motors.

44) Shawnee National Forest, Oakwood Bottoms (Green Tree Reservoir west of the Big Muddy levee) A) All hunting must be by walking into the area. B) Each hunting party must hunt over a minimum of 12 decoys in

Compartments 19, 20 and 21. C) No person shall tamper with or attempt to manipulate any of the

gates, pumps or structures in the subimpoundment area. 45) Sielbeck Forest Natural Area (1) 46) Stephen A. Forbes State Park

A) On the main lake hunting is allowed from a boat blind only in the

designated areas. B) Only walk-in hunting is allowed in the subimpoundment.




C) Hunting shall be allowed on a first come-first served basis. All

hunters must use 12 decoys, minimum. 47) Ten Mile Creek Fish and Wildlife Area (1)

A) Waterfowl hunters must obtain permits prior to hunting. Permits

must be returned by February 15. B) Each hunting party is required to hunt over a minimum of 12

decoys at each blind site, and all decoys must be picked up at the end of each day's hunt.

C) Areas designated as Rest Areas are closed to all access during the

Canada Goose Season only. Rest Area designation has been given to that part of the Belle Rive unit that lies south of Auxier Creek and is posted as Rest Area, and the 250 acre tract at the Western edge of the Eads Mine unit.

D) After the close of the duck season, goose hunters in that portion of

Ten Mile Creek that lies in the Rend Lake Quota Zone may not possess more than 5 shot shells for every Canada goose allowed in the daily bag limit.

48) Turkey Bluffs State Fish and Wildlife Area (All hunters must sign in and

out and report kill) (1) 49) Union County (Firing Line Waterfowl Management Area)

A) Blind sites shall be allocated on a daily draw basis at the site shop

building 60 minutes prior to hunting time. Hunters shall register as parties for the drawing; each party drawn shall be allowed to select a blind site in order drawn; only those hunters registered in a party shall be allowed to hunt with their party; no less than 2 hunters and no more than 4 hunters per party; persons under the age of 16 shall not be allowed to hunt unless accompanied by an adult.

B) Blinds not allocated during the drawing will not be hunted that

day. Moving from blind to blind is not allowed.




C) Access to blind sites is from Clear Creek Levee only. D) Each hunting party must hunt over a minimum of 12 decoys.

Decoys must be picked up immediately after the hunt is over. E) Hunting hours end at 1:00 p.m. and all hunters must be out of the

area by 2:00 p.m. Daily entry into the area is restricted until after the drawing for hunting sites.

F) When duck season is closed, hunters may not possess more than 5

shot shells for every Canada goose allowed in the daily bag limit.

50) Weinberg-King State Park – Spunky Bottoms Unit (no access restrictions; sign in/sign out required) (1)


Section 590.80 Early and Late Goose (all species) Hunting Regulations on Department Sites

a) During goose hunting seasons that begin before or extend beyond the regular duck season, statewide regulations and site specific regulations for goose hunting, as indicated in Sections 590.40, 590.50 and 590.60, shall apply to all sites (except those closed in subsections (c), (d), (e) and (f)) with the following exceptions: 1) Check in and check out (or sign in and out) is required only at sites with

an asterisk (*). 2) No fees will be charged for hunting for seasons before duck season or for

seasons after the regular Canada goose season. 3) No sites are closed to fishing during seasons before the regular duck

season or for seasons after the regular Canada goose season. 4) Hunting from a completed blind or staked site is waived during seasons

held before the regular duck season or for seasons held after the regular Canada goose season at sites marked with an @.

5) Hunting from a staked site (blind need not be completed) is required

during seasons held before the regular duck season at sites marked with a




#. 6) During goose seasons held prior to regular duck season, no hunting is

allowed in designated dove management fields or within 100 yards of such fields.

7) During goose seasons held after the Canada goose season all restrictions

regarding the use of decoys or the number of shotgun shells that hunters can possess are no longer in force.

8) During goose seasons held after Canada goose season, statewide hunting

hours apply. b) The following sites will be open to all goose hunting seasons:

Blanding Wildlife Area @

Cache River Natural Area *

Carlyle Lake Project Lands and Waters, including North Allen Branch Waterfowl Management Area (no early goose hunting east of Kaskaskia River from Cox's Bridge Access north to the Department's boundary line) *

Chain O'Lakes State Park #

Chauncey Marsh (permit required, available at Red Hills State Park) Clinton Lake State Recreational Area – early season goose hunting in waterfowl hunting areas east of Parnell Bridge and North of Route 54 only. Any goose hunting seasons after the regular Canada goose seasons will close March 15.

Des Plaines Conservation Area # Devil's Island State Fish and Wildlife Area

Dog Island Wildlife Management Area *

Fort de Chartres Historic Site

Horseshoe Lake State Park (Madison County) (blind builders or partners must




occupy their blinds by ½ hour before opening hunting hour each day in order to claim their blind for the day; attempts to claim blinds by any manner other than actual occupation shall be considered in violation of this Part and shall be cause for arrest; the insertion of a boat into the boat hide and/or the spreading of decoys before a blind shall not be considered legal occupation of a blind ) # * Horseshoe Lake State Park (Madison County) – Gabaret, Mosenthein, Chouteau Island Unit (site permit and harvest report required)

Kaskaskia River State Fish and Wildlife Area (Baldwin Lake Waterfowl Rest Area is closed to hunting) * Kinkaid Lake Fish and Wildlife Area

Lake Shelbyville (except West Okaw and Kaskaskia Fish and Wildlife Area; season opens with teal season)

Marshall State Fish and Wildlife Area – Sparland and Duck Ranch Units @

Marshall State Fish and Wildlife Area – Spring Branch and Marshall Units * @

Meredosia Lake Mississippi River State Fish and Waterfowl Management Area (Pools 25 and 26) (no hunting is allowed in the designated Batchtown Waterfowl Rest Area, Crull Hollow Rest Area and Godar Rest Area; blind builders or partners must occupy their blinds by ½ hour before opening hunting hour each day in order to claim their blind for the day; attempts to claim blinds by any manner other than actual occupation shall be considered in violation of this Part and shall be cause for arrest; the insertion of a boat into the boat hide and/or the spreading of decoys before a blind shall not be considered legal occupation of a blind) @

Mississippi River Pools 16, 17, and 18 @

Mississippi River Pools 21, 22, and 24 @

Oakford Conservation Area

Rend Lake Project Lands and Waters @




Saline County Conservation Area *

Sanganois State Fish and Wildlife Area * @

Shawnee Forest, LaRue Scatters

Shawnee Forest, Oakwood Bottoms Shawnee Forest, Upper Bluff Lake

Ten Mile Creek Fish and Wildlife Area (permit required; rest areas open to hunting during goose season before and after the regular goose season)

Turkey Bluffs State Fish and Wildlife Area * Weinberg-King State Park – Spunky Bottoms Unit (1)

Woodford Fish and Wildlife Area * @

c) The following sites will be open to any goose hunting seasons that occur before

the regular duck season through the end of the regular Canada goose season:

Anderson Lake (closed after regular duck season) * @

Clinton Lake State Recreation Area (hunting will be in designated walk-in areas only; boat blinds allowed where hunting will be within 50 yards of a staked site; free site permit required; no hunting within 200 yards of developed areas, construction zones and 300 yards of electrical power lines; no more than 4 persons per blind and a minimum of 12 decoys must be used) Coffeen Lake State Fish and Wildlife Area (hunting north of County Road N6th only; no fishing north of County Road N6th during this season) * #

Lake Shelbyville West Okaw and Kaskaskia Fish and Wildlife Area (must have site specific permit; season opens with teal season)

Ray Norbut State Fish and Wildlife Area *

Rice Lake (season opens with teal season; sunrise until 1:00 p.m.; closed after regular duck season) * @




d) The following sites will be open to all goose hunting during any Canada goose

hunting seasons that occur after the regular duck season:

Banner Marsh * @

Braidwood State Fish and Wildlife Area *

Heidecke State Fish and Wildlife Area *

Kankakee River State Park

Lake DePue Fish and Wildlife Area *

Lake Sinnissippi Fish and Wildlife Area

Newton Lake Fish and Wildlife Area *

Pekin Lake Fish and Wildlife Area

Spring Lake Fish and Wildlife Area (hunting from registered blinds or within 10 yards of staked blind sites is permitted after the close of the duck season) *

Starved Rock State Park *

e) The following sites will be open to any goose hunting seasons that occur after the

regular Canada goose hunting season: Double T State Fish and Wildlife Area (from pits or staked blindblinds sites only)*

Horseshoe Lake Conservation Area (controlled hunting and public hunting areas) * @ Horseshoe Lake State Park (Madison County) – Gabaret, Mosenthein, Chouteau Island Units (site permit and harvest report required) Jim Edgar Panther Creek State Fish and Wildlife Area (Open Unit, West Open Unit, Quail Management Unit only)




Pyramid State Park – Captain Unit (no hunting in Captain Unit Waterfowl Rest Area) @

Pyramid State Park – Denmark Unit (no hunting in Denmark Unit Waterfowl Rest Area) @

Pyramid State Park – East Conant Unit

Pyramid State Park – Galum Unit @

Sangchris Lake State Park *

Stephen A. Forbes State Park *

Snakeden Hollow State Fish and Wildlife Area (from pits only) * Union County Conservation Area (firing line and controlled hunting area) * @

William W. Powers Conservation Area

f) The following sites will be closed to all goose hunting seasons that occur outside

the regular duck season dates: Donnelley Fish and Wildlife Area

Mazonia State Fish and Wildlife Area *

Mermet Lake Fish and Wildlife Area

Powerton Reservoir

Redwing Slough/Deer Lake

g) The following sites will be open to any goose hunting seasons that occur before

the regular duck season and after the regular Canada goose season:

Kidd Lake State Natural Area

h) Violation of this Section is a petty offense (see 520 ILCS 5/2.20).



NOTICE OF ADOPTED RULES

1) Heading of the Part: Standards and Requirements for Potable Water Supply Well Surveys and for Community Relations Activities Performed in Conjunction with Agency Notices of Threats From Contamination

2) Code Citation: 35 Ill. Adm. Code 1600 3) Section Numbers: Adopted Action:

1600.100 New Section 1600.105 New Section 1600.110 New Section 1600.115 New Section 1600.200 New Section 1600.205 New Section 1600.210 New Section 1600.300 New Section 1600.305 New Section 1600.310 New Section 1600.315 New Section 1600.320 New Section 1600.325 New Section 1600.330 New Section 1600.335 New Section 1600.340 New Section 1600. APPENDIX A New Section

4) Statutory Authority: Implementing Sections 25d-3(c) and 25d-7(a) and authorized by

Section 25d-7(a) of the Environmental Protection Act [415 ILCS 5/25d-3(c), 5/25d-7(a)] 5) Effective Date of Rules: September 15, 2006 6) Do these rules contain an automatic repeal date? No 7) Do these rules contain incorporations by reference? No 8) A copy of the adopted rules, including any material incorporated by reference, is on file

in the agency's principal office and is available for public inspection. 9) Notice of Proposal Published in Illinois Register: May 5, 2006; 30 Ill. Reg. 8061 10) Has JCAR issued a Statement of Objection to these rules? No




11) Differences between proposal and final version: The Board made several changes to the

text in response to public comments to provide more clarity to the new rule. Additionally, the Board changed the Part number of the new Part from 1505 to 1600 to more clearly differentiate the Subpart O rules from existing regulations at Subpart N.

The Board found that the suggestion submitted during the first notice period by Citizens Against Ruining the Environment (CARE) that fact sheets distributed under Section 1600.310 must provide responses to key community concerns was well reasoned. The Board amended the text to require fact sheets distributed pursuant to Section 1600.315(b)(3)(G), where a release affects more than five wells or properties, must contain responses to key community concerns. The Board also made changes to the text to require that these responses should also be required where a release affects five or fewer wells or properties. The Board agreed with Illinois Environmental Regulatory Group's (IERG) recommendation that a physical repository be made in a public location upon the initial request. The Board agreed with the Illinois Environmental Protection Agency (Agency) that the replacement of the term “responsible party" with “authorized party" throughout the proposal is a positive change because it eliminates potential liability connotations that the public may associate with the Agency's cost recovery rules. The Board also agreed that by defining the term “authorized party" in Subpart A, references to persons authorized by the Agency to provide notice are more consistent throughout the remainder of the proposal. In response to CARE's comments, the Board amended the definition of "authorized party." By changing the definition to read that "authorized party" means "a" person rather than "the" person, the definition allows the Agency to authorize more than one party.

The Agency filed an errata sheet after first notice publication with suggested rule language changes to provide clarification to the new Part. The Board incorporated these suggestions into the final rule. The Agency proposed that the Board change the phrase "measured and modeled" to "measured or modeled" in Sections 1600.210(c)(2)(A), (B), and (e)(2). According to the Agency, characterization of groundwater contaminant concentrations will usually require both measured and modeled data, but there are exceptions.

In the original proposal, the rule proposed two levels of community relations activities, but required authorized parties to create "community relations plans" (CRPs) only in situations with greater contamination impacts. To be consistent with statutory requirements, the Agency suggested that the Board revise Section 1600.310(b) so that both levels of community relations activities require authorized parties to create CRPs.




The Agency also requested that the Board revise Section 1600.310(b) to clarify that notice is separate from the fact sheet and to incorporate the statutory language for the required contents of the notice.

The Agency proposed language in Section 1600.320 to clarify that a website repository is mandatory in all cases, and a physical repository is an additional requirement under certain conditions if requested by the public.

The Agency suggested that the Board delete Section 1600.335(b)(2), regarding Agency monitoring of an authorized party's implementation of community relations activities. The Agency stated that this section is discretionary and that the types of monitoring discussed are implicit in the Agency's statutory authority to investigate violations of the Act. The Agency stated it would, for example, attend all public meetings scheduled by the authorized party.

12) Have all the changes agreed upon by the agency and JCAR been made as indicated in the

agreements letter issued by JCAR? Yes 13) Will these rules replace any emergency rules currently in effect? No 14) Are there any amendments pending on this Part? No 15) Summary and Purpose of Rules: For a more detailed description of this rulemaking see

the Board’s September 7, 2006 final opinion and order in docket R06-23, Standards and Requirements for Potable Water Well Surveys and for Community Relations Activities Performed in Conjunction with Agency Notices of Threats from Contamination Under P.A. 94-314: New 35 Ill. Adm. Code Part 1600. This rulemaking is based on statutory amendments to the Illinois Environmental Protection Act (Act) (415 ILCS 5) in Public Act 94-314.

Public Act 94-314, effective July 25, 2005, added a new Title VI-D (Right-To-Know) to the Environmental Protection Act (Act). Public Act 94-314 required the Board to adopt well survey and community relations rules within 240 days of the effective date of P.A. 94-314, or no later than September 17, 2006. This new Part implements Public Act 94-314 by adopting rules that require potable water well surveys and community relations activities in response to releases of contaminants that have impacted or may impact offsite groundwater or soil. The new Part 1600 includes minimum standards for the performance and documentation of water well surveys required under applicable Board rules. When water well surveys are required, Subpart B requires compliance with minimum standards during site investigations to ensure complete and accurate




identification of the existence and location of potable water supply wells. Additionally, the new rule contains the standards and requirements for community relations activities to be developed and implemented when the responsible party agrees to take on the Agency's notice obligations as part of Agency-approved community relations activities.

16) Information and questions regarding these adopted rules shall be directed to: Amy Antoniolli

Illinois Pollution Control Board 100 W. Randolph, 11-500 Chicago, IL 60601

312/814-3665

Copies of the Board's opinions and orders may be requested from the Clerk of the Board at the address listed in #8 above or by calling 312/814-3620. Please refer to the Docket number R06-23 in your request. The Board order is also available from the Board's Web site (www.ipcb.state.il.us)

The full text of the Adopted Rules begins on the next page:




TITLE 35: ENVIRONMENTAL PROTECTION SUBTITLE O: RIGHT TO KNOW

CHAPTER I: POLLUTION CONTROL BOARD

PART 1600 STANDARDS AND REQUIREMENTS FOR POTABLE WATER SUPPLY WELL SURVEYS

AND FOR COMMUNITY RELATIONS ACTIVITIES PERFORMED IN CONJUNCTION WITH AGENCY NOTICES OF THREATS FROM CONTAMINATION

SUBPART A: GENERAL

Section 1600.100 Purpose and Scope 1600.105 Applicability 1600.110 Definitions 1600.115 Severability

SUBPART B: STANDARDS AND REQUIREMENTS FOR POTABLE WATER SUPPLY WELL SURVEYS

Section 1600.200 Purpose and Scope 1600.205 Applicability 1600.210 Procedures for Potable Water Supply Well Surveys

SUBPART C: STANDARDS AND REQUIREMENTS FOR COMMUNITY RELATIONS ACTIVITIES

Section 1600.300 Purpose and Scope 1600.305 Applicability 1600.310 Notices and Community Relations Plans for Limited Community Relations

Activities 1600.315 Notices, Fact Sheets and Community Relations Plans for Expanded Community

Relations Activities 1600.320 Establishment of Document Repository 1600.325 Submission of Notices, Contact Lists, Fact Sheets and Community Relations Plans

for Review 1600.330 Agency Reviews of Notices, Contact Lists, Fact Sheets and Community Relations

Plans




1600.335 Implementation of Community Relations Plans and Distribution of Notices and Fact Sheets; Records Retention

1600.340 Compliance 1600.APPENDIX A Contents of a Model Community Relations Plan

AUTHORITY: Implementing Sections 25d-3(c) and 25d-7(a) and authorized by Section 25d-7(a) of the Environmental Protection Act [415 ILCS 5/25d-3(c) and 25d-7(a)].

SOURCE: Adopted in R06-23 at 30 Ill. Reg. 15756, effective, September 15, 2006.

SUBPART A: GENERAL

Section 1600.100 Purpose and Scope

a) The purpose of this Part is to set forth in accordance with Section 25d-7 of the Act [415 ILCS 5/25d-7] the minimum procedures for conducting potable water supply well surveys pursuant to applicable Board rules and for the documentation and reporting of the results of those surveys to the Agency. In addition, the purpose of this Part is to set forth in accordance with Section 25d-7 of the Act standards and requirements for the performance of community relations activities when the Agency has authorized a person to provide the notice pursuant to subsections (a) and (c) of Section 25d-3 of the Act [415 ILCS 5/25d-3(a) and (c)] as part of the Agency-approved community relations activities.

b) Subsection (a) of Section 25d-3 of the Act requires that the Agency provide notice

under certain specified circumstances while subsection (c) of Section 25d-3 provides that the Agency may authorize a person who has implemented community relations activities to provide the notice in place of the Agency.

c) The standards and requirements in Subpart C of this Part are for community

relations activities performed by parties authorized to provide notice in place of the Agency. This Part establishes the minimum standards and requirements for the performance of the potable water supply well surveys and the development, review, implementation and distribution of notices, fact sheets and community relations plans and the establishment and maintenance of document repositories. Nothing in this Part relieves an authorized party from reporting and notice obligations under other federal and State environmental laws.




Section 1600.105 Applicability Subparts B and C of this Part contain separate and independent applicability provisions. Section 1600.110 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 Title I or Title VI-D of the Environmental Protection Act.

"Act" means the Environmental Protection Act [415 ILCS 5]. "Agency" is the Illinois Environmental Protection Agency. [415 ILCS 5/3.105] "Authorized party" means a person authorized by the Agency under subsection (c) of Section 25d-3 of the Act [415 ILCS 5/25d-3(c)] and Subpart C of this Part to provide notice as part of Agency-approved community relations activities in lieu of a notice required to be given by the Agency. "Board" is the Pollution Control Board. [415 ILCS 5/3.130] "Contaminant" is any solid, liquid or gaseous matter, any odor, or any form of energy, from whatever source. [415 ILCS 5/3.165] "Contamination" or "contaminate", when used in connection with groundwater, means water pollution of such groundwater. [415 ILCS 5/3.170] "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] "Person performing a response action" means the person(s) taking responsibility for addressing a release by authorizing or approving the performance of a response action (e.g., Leaking Underground Storage Tank Program owner or operator, Site Remediation Program Remediation Applicant, permittees). The phrase does not include persons who have been hired or authorized to perform the response action by the person taking responsibility for the release or persons with




whom the person taking responsibility for the release has contracted or subcontracted to perform the response action. "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 5/3.395] "Response action" means any action or series of actions taken to address a release of contaminants or its effects as may be necessary or appropriate to protect human health or the environment. A response action may include, but is not limited to, release investigation and characterization, soil remediation, and groundwater remediation.

Section 1600.115 Severability If any provision of this Part is adjudged invalid, or if the application to any person or in any circumstance is adjudged invalid, such invalidity will not affect the validity of this Part as a whole or any Subpart, Section, subsection, sentence or clause thereof not adjudged invalid.

SUBPART B: STANDARDS AND REQUIREMENTS FOR POTABLE WATER SUPPLY WELL SURVEYS

Section 1600.200 Purpose and Scope The purpose of this Subpart B is to establish minimum standards and requirements for performing potable water supply well surveys to ensure that these wells are accurately identified and located so that impacts and potential impacts to such wells from soil or groundwater contamination, or both, can be identified. The effects of soil contamination on groundwater contamination are evaluated as the soil component of the groundwater ingestion exposure route using modeling as referenced in this Subpart B. This Subpart B sets forth the procedures persons subject to this Subpart B must use to perform potable water supply well surveys and for the documentation of the results of well surveys in reports to the Agency.




Section 1600.205 Applicability

a) Except as provided in subsection (b) of this Section, this Subpart B applies to persons performing response actions pursuant to applicable Board rules. Whenever a response action for soil or groundwater contamination, or both, is required pursuant to applicable Board rules, the person subject to those rules must comply with the standards and requirements of this Subpart B when a well survey is required to determine the existence and location of potable water supply wells. When determining the existence and location of these wells, the person also must identify and locate setback zones and regulated recharge areas associated with the wells.

1) This Subpart B does not contain an independent requirement to perform a

potable water supply well survey. If the Board rules governing the response action require the performance of a well survey as part of the response action, this Subpart B sets forth the minimum standards and requirements that must be satisfied when performing that well survey and preparing the documentation for submission to the Agency. In addition, the submission and review of well survey documentation and appeals of Agency final determinations concerning well survey procedures and reporting are subject to the rules governing the response action.

2) Applicable Board rules requiring potable water supply well surveys as part

of response actions may supersede the requirements of this Subpart B only to the extent their express provisions are equivalent to or more stringent than the standards and requirements of this Subpart B.

b) Persons performing response actions pursuant to applicable Board rules who

already have initiated the response action for a release as of September 15, 2006 may be required by the Agency to perform an otherwise required potable water supply well survey in accordance with this Subpart B if:

1) The Agency requires the performance of a well survey in accordance with

the applicable Board rules; and

2) The well survey:

A) has not been performed as of September 15, 2006; or




B) has been performed but has not been approved by the Agency as of September 15, 2006 and the well survey performed does not satisfy the requirements of this Subpart B.

c) Nothing in this Subpart B is intended to prohibit the use of all or some of the

standards and requirements set forth in this Subpart B in other rules or contexts as authorized by those rules, Board or court orders, or other applicable law.

Section 1600.210 Procedures for Potable Water Supply Well Surveys

a) When applicable Board rules require a well survey to determine the existence and location of potable water supply wells, persons subject to this Subpart B must identify all private, semi-private, and non-community water system wells located at the property where the release occurred or within 200 feet of the property where the release occurred, all community water system ("CWS") wells located at the property where the release occurred or within 2,500 feet of the property where the release occurred, and all setback zones and regulated recharge areas in which all or any portion of the property where the release occurred is located.

b) Actions taken to identify the wells and associated protected areas must include,

but are not limited to, the following:

1) Contacting the Agency's Division of Public Water Supplies to identify community water system wells and associated setback zones and regulated recharge areas;

2) Using current information from the Illinois State Geological Survey, the

Illinois State Water Survey, and the Illinois Department of Public Health (or the county or local health department delegated by the Illinois Department of Public Health to permit potable water supply wells) to identify potable water supply wells, other than community water system wells, and their setback zones; and

3) Contacting the local public water supply entities to identify properties that

receive potable water from a public water supply.

c) In addition to identifying potable water supply wells and associated protected areas pursuant to subsections (a) and (b) of this Section, persons subject to this Subpart B must expand the area of the potable water supply well survey if measured or modeled groundwater contamination extends beyond a boundary of




the property where the release occurred in concentrations exceeding the applicable remediation objectives of 35 Ill. Adm. Code 742.Appendix B: Table E for the groundwater ingestion exposure route or the applicable groundwater quality standards at 35 Ill. Adm. Code 620 (e.g., Class I, Class III). If there is no Table E objective or Part 620 standard, the objective shall be determined or approved by the Agency in accordance with 35 Ill. Adm. Code 620.Subpart F.

1) The extent of modeled groundwater contamination must be determined

using the procedures of 35 Ill. Adm. Code 742 or another model or methodology approved by the Agency. When modeling the extent of groundwater contamination, the modeling must include the impact from soil contamination in concentrations exceeding the applicable remediation objectives for the soil component of the groundwater ingestion exposure route.

2) At a minimum, the expanded well survey must identify the following:

A) All private, semi-private, and non-community water system wells

located within 200 feet, and all community water system wells located within 2,500 feet, of the measured and modeled extent of groundwater contamination exceeding the applicable remediation objectives of Part 742 for the groundwater ingestion exposure route or the applicable Part 620 groundwater quality standards; and

B) All setback zones and regulated recharge areas in which any

portion of the measured or modeled extent of groundwater contamination exceeding the applicable remediation objectives of Part 742 for the groundwater ingestion exposure route or Part 620 remediation objectives is located.

d) The Agency may, based on site-specific circumstances or information collection

deficiencies (e.g., incomplete, conflicting or imprecise information, information assembled from unverified sources), require additional investigation to determine the existence or location of potable water supply wells, setback zones or regulated recharge areas. The additional investigation may include, but is not limited to, physical well surveys (e.g., interviewing property owners, investigating individual properties for wellheads, distributing door hangers or other materials requesting information about the existence of potable water supply wells).




e) Documentation of a potable water supply well survey conducted in accordance with this Section must include, but is not limited to, the following:

1) One or more maps to a scale clearly showing the following:

A) The locations of the community water system wells and other

potable water supply wells identified pursuant to this Section; and

B) The location and extent of setback zones and regulated recharge areas identified pursuant to this Section.

2) The maps showing the well locations, setback zones and regulated

recharge areas pursuant to subsection (e)(1) of this Section must show those areas in relation to the measured or modeled extent of groundwater contamination exceeding the applicable remediation objectives of Part 742 for the groundwater ingestion exposure route or the applicable Part 620 groundwater quality standards.

3) One or more tables listing the applicable setback zones and regulated

recharge areas for each community water system well and other potable water supply wells identified pursuant to this Section.

4) A narrative that, at a minimum, identifies each entity contacted to identify

potable water supply wells and protected areas pursuant to this Section, the name and title of each person contacted at each entity, and field observations, if any, associated with the identification and location of potable water supply wells.

SUBPART C: STANDARDS AND REQUIREMENTS FOR

COMMUNITY RELATIONS ACTIVITIES Section 1600.300 Purpose and Scope

a) The purpose of this Subpart C is to establish the minimum standards and requirements for the development and implementation of community relations activities in accordance with Section 25d-7 of the Act when the Agency has authorized a person to provide the notice pursuant to subsections (a) and (c) of Section 25d-3 of the Act as part of the Agency-approved community relations activities. In addition, it is the purpose of this Part to ensure that these community relations activities fully inform communities and individuals in a timely manner




about offsite impacts or potential impacts from soil or groundwater contamination or both and the responses to such impacts. This Subpart C contains requirements for the content, submission for review, distribution and implementation of notices, contact lists, fact sheets and community relations plans, and the establishment and maintenance of document repositories.

b) Subpart C Not a Limitation:

1) This Subpart C establishes minimum requirements for community

relations activities when such activities are to be performed in place of a notice by the Agency in accordance with subsection (a) of Section 25d-3 of the Act. Nothing in this Subpart C is intended to prohibit or prevent a person from implementing other community relations activities sooner than required by this Subpart or under circumstances in addition to those described in this Subpart. The Agency may recommend that community relations activities be performed at other times and under other circumstances and may offer assistance with development and implementation of such activities where resources permit.

2) Nothing in this Subpart C is intended to limit in any way the Agency's

authority to provide independent notice of threats of exposure to the public from soil or groundwater contamination, or both, in accordance with Title VI-D of the Act [415 ILCS 5/25d-1 through 25d-10] and implementing rules or under any other authority.

Section 1600.305 Applicability

a) Whenever the Agency determines that it must provide notice pursuant to subsection (a) of Section 25d-3 of the Act, the Agency may authorize a person to provide the notice as part of the Agency-approved community relations activities developed and implemented in accordance with this Subpart C.

b) Nothing in this Subpart C requires the development and implementation of

community relations activities in accordance with this Subpart unless:

1) The Agency notifies the person in writing that a notice must be issued under subsection (a) of Section 25d-3 of the Act;




2) As a part of the written notice to the person, the Agency offers the person the opportunity to provide the notice in lieu of the Agency issuing the notice; and

3) The person accepts the Agency's offer and notifies the Agency in writing

within seven days after receipt of the Agency's offer (unless a longer period of time is provided in the Agency's notice letter) that it intends to provide the notice as part of the community relations activities developed and implemented in accordance with Subpart C of this Part in lieu of the Agency providing the notice.

c) Nothing in this Subpart C is intended to prohibit the use of all or some of the

standards and requirements set forth in this Subpart C in other rules or contexts as authorized by those rules, Board or court orders, or other applicable law.

Section 1600.310 Notices and Community Relations Plans for Limited Community Relations Activities

a) Authorized parties must comply with community relations requirements in this Section if:

1) Measured or modeled groundwater contamination from the site where the

release occurred (including the impact from soil contamination in concentrations exceeding the applicable remediation objectives for the soil component of the groundwater ingestion exposure route) poses a threat above the Class I groundwater quality standards at 35 Ill. Adm. Code 620 at five or fewer offsite private, semi-private or non-community water system wells; or

2) Offsite soil contamination from the site where the release occurred poses

a threat of exposure to the public above the appropriate Tier 1 remediation objectives for the current use(s) at five or fewer offsite properties.

b) An authorized party, within the limits set forth in subsection (a) of this Section,

must develop a notice and community relations plan (CRP) consisting of a contact list and fact sheet in accordance with this subsection (b).

1) Notices issued under subsection (c) of Section 25d-3 of the Act and this

Part must be distributed in accordance with Section 1600.355 of this Part




to the contact list as derived from subsection (b)(2) of this Section and may contain the following information:

A) The name and address of the site or facility where the release

occurred or is suspected to have occurred; B) The identification of the contaminant released or suspected to have

been released; C) Information as to whether the contaminant was released or

suspected to have been released into the air, land, or water; D) A brief description of the potential adverse health effects posed by

the contaminant; E) A recommendation that water systems with wells impacted or

potentially impacted by the contamination be appropriately tested; and

F) The name, business address, and phone number of persons at the

Agency from whom additional information about the release or suspected release can be obtained. [415 ILCS 5/25d-3(c)]

2) The authorized party must prepare a contact list including, but not limited

to, the following affected, potentially affected or interested persons, as applicable:

A) Owners of properties served by private, semi-private or non-

community water system wells that have been or may be impacted by groundwater contamination from the release;

B) Owners of offsite properties with soil contamination posing a

threat of exposure above the appropriate Tier 1 remediation objectives for the current use(s);

C) Occupants of the properties identified in subsections (b)(2)(A) and

(b)(2)(B) of this Section to the extent reasonably practicable. The contact list must include the methods by which the authorized party has attempted to identify the occupants;




D) Owners of properties without potable water supply wells but with groundwater that has been or may be impacted by groundwater contamination from the release; and

E) Officials of each unit of government serving the affected

properties, including State and federal legislators, county board chairs and county clerks, township supervisors, and mayors or village presidents and city or village clerks. Officials of specialized districts (e.g., school, drainage, park districts) may be excluded from the contact list unless required pursuant to subsections (b)(2)(A) through (b)(2)(D) of this Section.

3) The authorized party must develop a fact sheet for the release and

response action. The fact sheet must be distributed in accordance with Section 1600.335 of this Part to the contact list as derived from subsection (b)(2) of this Section. The fact sheet must be written clearly and concisely in non-technical, non-legal terminology. The fact sheet and any required updates must contain, at a minimum, the following information to the extent available:

A) The nature and extent of the contaminants identified on and off the

site where the release occurred; B) A brief description of the pathways of potential exposure and the

potential adverse public health effects posed by the contaminants; C) A description of any precautionary measures affected or potentially

affected parties should take to avoid or reduce potential public health impacts, including potable water supply well sampling and analysis recommendations, as appropriate;

D) A non-technical description of the steps that are proposed to

address the contamination, including, but not limited to, soil excavation and treatment, disposal or redistribution, pump-and-treat, bio-remediation, reliance on engineered barriers or institutional controls, groundwater monitoring, and so forth;

E) The anticipated remediation schedule through completion of the

project, including any operation, maintenance or monitoring following construction of the remedy;




F) The nature of the closure documentation expected from the

Agency (e.g., focused or comprehensive No Further Remediation (NFR) Letter, permit modification, reliance on engineered barriers or institutional controls);

G) Responses to key community concerns as expressed by affected,

potentially affected and interested parties; H) The date of preparation of the fact sheet, the name of the

representative(s) of the business, site or facility from whom information and site-related documents may be obtained, and e-mail address, postal address and telephone number where the representative(s) can be reached; and

I) The name, e-mail address, postal address and telephone number of

the Agency's designated staff person and a statement that additional information and site-related documents may be available by contacting the Agency's designated staff person or by filing a request for site-specific information with the appropriate Agency bureau in accordance with the Freedom of Information Act [5 ILCS 140].

c) For information that is not available when a fact sheet is prepared pursuant to

subsection (b)(3) of this Section, the submission of the fact sheet to the Agency for review must be accompanied by an explanation of why the information is unavailable at the time of the submission of the fact sheet and an estimate of when the missing information will be supplied in a revised fact sheet.

d) Fact sheets and contact lists developed in accordance with this Section must be

updated and redistributed whenever new information is obtained or developed or circumstances change so that there is a material change to the information required or provided in the fact sheet (e.g., completion of site investigation and characterization of the nature and extent of contaminants, higher concentrations of contaminants than previously detected, evidence of additional contaminants of concern or of a larger area affected by contamination, approval of plans or reports, completion of response action activities).

Section 1600.315 Notices, Fact Sheet and Community Relations Plans for Expanded Community Relations Activities




a) Authorized parties must comply with the community relations requirements in

this Section if:

1) Measured or modeled groundwater contamination from the site where the release occurred (including the impact from soil contamination in concentrations exceeding the applicable remediation objectives for the soil component of the groundwater ingestion exposure route) poses a threat above the Class I groundwater quality standards at 35 Ill. Adm. Code 620 at more than five offsite private, semi-private or non-community water system wells or one or more community water system wells; or

2) Offsite soil contamination from the site where the release occurred poses a

threat of exposure to the public above the appropriate Tier 1 remediation objectives for the current use(s) at more than five offsite properties.

b) An authorized party exceeding the limits set forth in subsection (a) of this Section

must develop a notice and a community relations plan and fact sheet in accordance with this subsection (b). Appendix A of this Part contains the outline of a model community relations plan that may be appropriate for a site subject to this Section.

1) Notices must be developed in accordance with subsection (b)(1) of Section

1600.310 of this Part and distributed in accordance with Section 1600.335 of this Part to the contact list as derived from subsection (b)(2)(D) of this Section.

2) The CRP must be implemented in accordance with Section 1600.335 of

this Part and must include, but is not limited to, the following elements to the extent related to the contaminants being addressed in the response action:

A) A description of the site or facility and details of the release and

any related soil or groundwater contamination;

B) A list of community issues and concerns collected from affected, potentially affected, and interested parties identified though the process outlined in subsection (b)(2)(D) of this Section;




C) A community relations program including elements of outreach, methods for maintaining a dialogue with affected, potentially affected, and interested parties, and a schedule for activities and objectives; and

D) The process for identifying and updating the contact list, which

must consist of affected, potentially affected, and interested parties, including, but not limited to:

i) Owners of properties served by private, semi-private or

non-community water systems that have been or may be impacted by groundwater contamination from the release;

ii) Owners and operators of community water system wells

that have been or may be impacted by groundwater contamination from the release;

iii) Owners of properties without potable water supply wells

but with groundwater that has been or may be impacted by groundwater contamination from the release;

iv) Owners of offsite properties with soil contamination posing

a threat of exposure above the appropriate Tier 1 remediation objectives for the current use(s);

v) Occupants of the properties identified in subsections

(b)(2)(D)(i) and (b)(2)(D)(iv) of this Section to the extent reasonably practicable. The community relations plan must include the methods by which the authorized party will attempt to identify the occupants;

vi) Local, State and federal officials whose jurisdiction covers

the affected and potentially affected properties, including: mayor or village president, city or village clerk, township supervisors, county board chair and county clerk, city and county health department administrator, State and federal legislators; and

vii) Citizens, identified groups, organizations or businesses

within a minimum of 1,000 feet from the site where the




release occurred that may have an interest in learning about affected and potentially affected properties (e.g., public and private school administrators, Parent-Teacher Association leaders; day care center, senior center and nursing home management; neighborhood or homeowner association or other community leaders as identified; hospital and clinic management; and recognized environmental or citizen advisory groups). If approved by the Agency, the initial minimum distance of 1,000 feet may be expanded or contracted as the CRP and contact list are updated based on new information developed during the response action.

3) Along with the development of a notice and CRP in accordance with

subsections (b)(1) and (b)(2) of this Section, the authorized party must develop and distribute a fact sheet for the release and response action. The fact sheet must be distributed in accordance with Section 1600.335 of this Part to the contact list as derived from subsection (b)(1)(D) of this Section. The fact sheet must be written clearly and concisely in non-technical, non-legal terminology. If a significant portion of the population surrounding the site where the release occurred is non-English speaking, the fact sheet must be produced and distributed in both English and another predominant language. The fact sheet and any required updates must contain, at a minimum, the following information to the extent available:

A) The nature and extent of the contaminants identified on-site and

off-site of the site where the release occurred; B) A brief description of the pathways of potential exposure and the

potential adverse public health effects posed by the contaminants; C) A description of any precautionary measures affected or potentially

affected parties should take to avoid or reduce potential public health impacts, including potable water supply well sampling recommendations, as appropriate;

D) A non-technical description of the steps that are proposed to

address the contamination, including, but not limited to, soil excavation and treatment, disposal or redistribution, pump-and-treat, bio-remediation, reliance on engineered barriers or institutional controls, groundwater monitoring, and so forth;




E) The anticipated remediation schedule through completion of the

project, including any operation, maintenance or monitoring following construction of the remedy;

F) The nature of the closure documentation expected from the

Agency (e.g., focused or comprehensive NFR Letter, permit modification, reliance on engineered barriers or institutional controls);

G) Responses to key community concerns as expressed by affected,

potentially affected and interested parties; H) The World Wide Web address of the Document Repository

established pursuant to Section 1600.320 of this Part and the address and hours of the document repository established at a physical location, if also required pursuant to Section 1600.320 of this Part;

I) The date of preparation of the fact sheet, the name of the

representative(s) of the business, site or facility from whom information and copies of repository and other site-related documents may be obtained, and e-mail address, postal address and telephone number where the representative(s) can be reached; and

J) The name, e-mail address, postal address and telephone number of

the Agency's designated staff person and a statement that additional information and site-related documents may be available by contacting the Agency's designated staff person or by filing a request for site-specific information with the appropriate Agency bureau in accordance with the Freedom of Information Act [5 ILCS 140].

c) For information that is not available when a fact sheet is prepared pursuant to

subsection (b)(2) of this Section, the submission of the fact sheet to the Agency for review shall be accompanied by an explanation of why the information is unavailable at the time of the submission of the fact sheet and an estimate of when the missing information will be supplied in a revised fact sheet.




d) Updates

1) Fact sheets developed in accordance with subsection (b)(2) of this Section must be updated and redistributed whenever new information is obtained or developed or circumstances change so that there is a material change to the information required or provided in the fact sheet (e.g., completion of site investigation and characterization of the nature and extent of contaminants, higher concentrations of contaminants than previously detected, evidence of additional contaminants of concern or of a larger area affected by contamination, approval of plans or reports, completion of response action activities).

2) The CRP, including, but not limited to, the contact list must be reviewed

on a regular basis and updated, as necessary, to ensure that timely and accurate information is provided to affected, potentially affected and interested parties and communities about releases of contaminants with actual or potential impacts to offsite wells, offsite property uses, or both. A current version of the publicly available CRP must be kept in the document repository described in Section 1600.320.

Section 1600.320 Establishment of Document Repository Authorized parties developing a CRP pursuant to Section 1600.315 of this Part also must establish a document repository for the purpose of displaying documents and providing copies of those documents. The document repository must be established at a World Wide Web site. A document repository at a physical location as described under subsection (c) of this Section also must be established if a request for a repository at a physical location is made to the authorized party or to the Agency.

a) The document repository must include the notice, community relations plan, all public notices (e.g., proof of publication for newspaper or other published notices, letters, door hangers, or other forms of public notification), all fact sheets, all applications, plans and reports submitted to the Agency for review and approval and subsequent Agency comment packages, and all final determinations by the Agency, such as a No Further Remediation Letter, permit modification, or other project completion documentation.

1) The authorized party must update the repository promptly and

continuously as notices, fact sheets, plans, reports, comment packages and Agency decisions are generated throughout the process.




2) The documents must be created, organized and indexed so that affected,

potentially affected, or interested persons can identify, locate and download documents of interest.

3) The repository must include the business, site or facility representative's e-

mail, postal address and telephone number where inquiries can be directed and persons can request copies of repository documents and other site-related documents by mail.

b) Repositories at World Wide Web Sites

1) The documents must be in a readily available format for downloading and

printing (e.g, portable document format (.pdf), graphic interchange format (.gif), tagged image file format (.tiff), joint photographic group format (.jpg)) with links to web sites where software to view and print the documents may be downloaded.

2) Documents that cannot be converted to a readily available format for

downloading and printing must be described in the document index, identified as available upon request, and made available in accordance with subsection (a)(3) of this Section.

3) System capacity must be sufficient to support the viewing and

downloading of the documents in the repository and to accommodate the anticipated number of viewers.

c) Repositories at Physical Locations

1) Repositories established at physical locations must be established no later

than ten business days after receipt of a request for a repository at a physical location or receipt of the Agency's notification that a request has been made to the Agency, whichever is earlier.

2) Repositories established at a physical location must be at a public location

(e.g., public library, city hall) and open to the public at times convenient to affected, potentially affected, or interested persons.

d) Information deemed trade secrets or non-disclosable in accordance with Board

procedures at 35 Ill. Adm. Code 130 or Agency procedures at 2 Ill. Adm. Code




1828 may be redacted or excluded from the repository consistent with the requirement for providing the public all documents that have not been deemed confidential. Information to be added to the document repository also must be screened to ensure that personal information identifying affected, potentially affected, or interested persons or their exact property locations is not disclosed.

e) The document repository may be discontinued no less than 180 days after the

recording of the NFR Letter or the issuance of other project completion documentation by the Agency (e.g., permit modification, closure letter, "4(y) letter" (see 415 ILCS 5/4(y))).

Section 1600.325 Submission of Notices, Contact Lists, and Fact Sheets and Community Relations Plans for Review

a) Except as provided in subsection (b) of this Section or Section 1600.330(d) of this Part, authorized parties must, within 30 days after the date of their acceptance:

1) Submit to the Agency a notice and community relations plan satisfying the

requirements of Section 1600.310(b) of this Part or a notice, CRP, fact sheet and contact list satisfying the requirements of Section 1600.315(b) of this Part; and

2) Establish a web site document repository if required in accordance with

Section 1600.320 of this Part.

b) Updates of CRPs, fact sheets or both and updates of contact lists prepared pursuant to Section 1600.310(d) or Section 1600.315(d) of this Part also must be submitted for Agency review in accordance with subsection (a) of this Section, except that the updates must be submitted to the Agency within ten days after preparing the revised CRP or developing or obtaining new information that would materially change the information required or provided in the fact sheet.

c) If authorized by the Agency, CRPs, notices, contact lists or fact sheets may be

filed in specified electronic formats. Section 1600.330 Agency Reviews of Notices, Contact Lists, Fact Sheets and Community Relations Plans

a) The Agency has 30 days from receipt of a notice, contact list, fact sheet, CRP, or updates of such documents to conduct a review and approve or disapprove of the




document(s) or approve of the document(s) with conditions or modifications. All reviews must be based on the standards for review set forth in subsection (b) of this Section.

1) The Agency's record of the date of receipt of a notice, contact list, fact

sheet or CRP will be deemed conclusive unless a contrary date is proved by a signed, dated receipt from the Agency or certified mail or registered mail.

2) authorized parties may waive the time period for review upon a request

from the Agency or at the authorized party's discretion.

b) When reviewing a notice, contact list, fact sheet or CRP, the Agency must consider:

1) Whether the notice complies with the requirements of subsection (b) of

Section 1600.310(b) of this Part or Section 1600.315(b) of this Part;

2) Whether the CRP contains the elements required by Section 1600.315(b) of this Part;

3) Whether the fact sheet contains the elements required by Section

1600.310(b) of this Part or Section 1600.315(b) of this Part including, but not limited to, any explanation of why specified information is unavailable at the time of the submission of the fact sheet and an estimate of when the missing information will be supplied in a revised fact sheet;

4) Whether the information in the notice, contact list, fact sheet or CRP is

consistent with the information contained in the Agency's records and any field observations; and

5) Whether authorized parties have clearly defined:

A) Persons required to be included in the contact list for notices and

fact sheets in accordance with Section 1600.310(b) of this Part or Section 1600.315(b) of this Part; or

B) The demographics of nearby populations that may be affected by

or concerned about site activities for purposes of notification under




the CRP, including, but not limited to, residences, businesses, day care centers, schools, nursing homes, hospitals and clinics.

c) Upon completion of the review, the Agency must notify the authorized party in

writing whether the notices, contact list, fact sheet or CRP is approved, approved with conditions or modifications, or disapproved. The notification must be made by certified mail or registered mail postmarked with a date stamp and with return receipt requested. If the Agency disapproves a document, or approves a document with conditions or modifications, the notification must contain the following information, as applicable:

1) An explanation of the specific information or documentation, if any, that

the Agency determines the authorized party did not provide or is inconsistent with the information contained in the Agency's records and any field observations;

2) A list of the provisions of this Part that may be violated if the document is

approved as submitted;

3) A statement of the reasons why the provisions cited in subsection (c)(2) of this Section may be violated if the document is approved as submitted; and

4) An explanation of the reasons for conditions or modifications if conditions

or modifications are required.

d) If the Agency disapproves of a notice, contact list, fact sheet or CRP or approves of a notice, contact list, fact sheet or CRP with conditions or modifications, the authorized party must submit a revised version of the document to the Agency within ten days after receiving the Agency's disapproval or approval with conditions or modifications.

e) If a revised notice, contact list, fact sheet or CRP is not received by the Agency

within ten days, or if a revised document is not approved on the second Agency review, the Agency, in addition to any other remedies that may be available, may provide notice to the public and seek cost recovery from the authorized party pursuant to Title VI-D of the Act, or pursue an enforcement action against the authorized party for failure to develop and implement an Agency-approved notice, contact list, fact sheet or CRP.




1) In addition to any other defenses that may be available to the authorized party, it shall be a defense to an Agency action to obtain cost recovery for notification or for an alleged violation of the requirement to develop and implement an Agency-approved notice, contact list, fact sheet or CRP that the document submitted to and rejected by the Agency satisfies the requirements for such documents as set forth in Sections 1600.310 and 1600.315 of this Part.

2) The defense described in subsection (e)(1) does not limit the use of this

defense in other circumstances where appropriate.

f) The Agency will, to the extent consistent with review deadlines, provide the authorized party with a reasonable opportunity to correct deficiencies prior to sending a disapproval of a notice, contact list, fact sheet or CRP or an approval with conditions or modifications. However, the correction of such deficiencies by the submission of additional information may, in the sole discretion of the Agency, restart the time for review.

g) If the Agency does not issue its final determination on the notice, contact list, fact

sheet, CRP, or updates of such documents within 30 days after the receipt of the document, the document will be deemed approved as submitted.

Section 1600.335 Implementation of Community Relations Plans and Distribution of Notices and Fact Sheets; Records Retention

a) Implementation of the CRP or distribution of a notice or fact sheet must begin within five days after receipt of the Agency's approval of the document or within ten days after the date the document is deemed approved pursuant to Section 1600.330(f) of this Part.

b) Authorized parties must:

1) Provide to the Agency copies of all public notices (including, but not

limited to, proof of publication for newspaper or other published notices, news releases, letters, door hangers, or other forms of public notification); and

2) Inform the Agency in writing two weeks in advance of plans to hold

public meetings or press conferences about site activities or developments.




c) Authorized parties must retain records and documents demonstrating compliance with the requirements of this Subpart C for at least one year after the recording of the NFR Letter or the issuance of other project completion documentation by the Agency (e.g., permit modification, closure letter, "4(y) letter" (see 415 ILCS 5/4(y))). The retention period for the records and documents is extended automatically during the course of any disputes or unresolved enforcement actions regarding the community relations activities or as requested in writing by the Agency. Records may be preserved and presented in an electronic format.

Section 1600.340 Compliance An authorized party must comply with the requirements of this Subpart C or the provisions of community relations activities approved by the Agency.




Section 1600.APPENDIX A Contents of a Model Community Relations Plan This Appendix A lists the four key elements of a community relations plan for an authorized party proceeding under Section 1600.315 of this Part and several factors that might be included with each element in a community relations plan prepared for the site where the release occurred. Unless otherwise required by rule, all the factors listed with each element may not be necessary for each site developing and implementing a community relations plan pursuant to this Part, but each factor should be considered when developing the community relations plan. 1. Site/Facility Description: The CRP should provide for the development a brief overview

of the site where the release occurred, including, but not limited to, a description of the business, site or facility, its current operations, previous land uses and previous remedial activities; the nature and extent of known contamination; and the known or potential threat to public health and the environment. The overview should include a map to an appropriate scale detailing the site location and surrounding area and showing roads and streets, homes and businesses, and geographic and other significant features.

2. Community Issues and Concerns: The CRP should provide for the development of a brief

summary of the demographics of the area surrounding the site where the release occurred, including, but not limited to, the approximate percentage of non-English speaking persons among the affected, potentially affected and interested parties and their preferred language, key community concerns, and any preferred methods of communication as learned through research work, interviews and surveys of a representative sample of affected, potentially affected and interested parties identified through the process outlined in the fourth element below.

3. Community Relations Program: The CRP should describe the community relations

program objectives, action plan and schedule to keep affected, potentially affected and interested parties apprised of conditions at the site, response actions, and actual or potential public health impacts. This section also should explain how the public will be notified of mailings or meetings. The contact person(s) and contact information for public inquiries should be clearly defined. Additionally, details about the location of, and access to, the document repository should be outlined in this section of the CRP.

4. Contact List: The CRP should outline the process for identifying and updating a contact

list and developing a contact database of affected, potentially affected and interested parties, including, but not limited to:




A. Owners and occupants of properties served by private, semi-private or non-community water systems that have been or may be impacted by groundwater contamination from the release;

B. Owners and operators of community water system wells that have been or may be

impacted by groundwater contamination from the release; C. Owners of properties without potable water supply wells but with groundwater

that has been or may be impacted by groundwater contamination from the release; D. Owners and occupants of off-site properties with soil contamination posing a

threat of exposure above the appropriate Tier 1 remediation objectives for the current use(s);

E. Occupants of properties identified in paragraphs A and D to the extent reasonably

practicable. The community relations plan must include the methods by which the authorized party will attempt to identify the occupants;

F. Local, State and federal officials whose jurisdiction covers the affected and

potentially affected properties including: mayor or village president, city or village clerk, township supervisors, county board chair and county clerk, city and county health department administrator; State and federal legislators; and

G. Citizens, identified groups, organizations or businesses within a minimum of

1,000 feet from the site where the release occurred that may have an interest in learning about affected and potentially affected properties (e.g., public and private school administrators, Parent-Teacher Association leaders; day care center, senior center and nursing home management; neighborhood or homeowner association or other community leaders as identified; hospital and clinic management; and recognized environmental or citizen advisory groups). If approved by the Agency, the initial minimum distance of 1,000 feet may be expanded or contracted as the CRP and contact list are updated based on new information developed during the response action.


SECRETARY OF STATE


1) Heading of the Part: Departmental Duties 2) Code Citation: 2 Ill. Adm. Code 552 3) Section Number: Adopted Action:

552.30 New Section 4) Statutory Authority: Implements changes to and authorized by the Secretary of State Act,

Section 14(f) [15 ILCS 305/14(f)] 5) Effective Date of Amendment: September 18, 2006 6) Does this rulemaking contain an automatic repeal date? No 7) Does this rulemaking contain incorporations by reference? No 8) A copy of the adopted amendment, including any material incorporated by reference, is

on file in the agency's principal office and is available for public inspection. 9) Notice of Proposed Published in the Illinois Register: 30 Ill. Reg. 2501; February 24,

2006 10) Has JCAR issued a Statement of Objection to this amendment? No 11) Differences between proposal and final version: In Sections 552.30(a) and

552.30(d)(1)(A), minimum elements of an investigation file were added. In Section 552.30(d)(1)(B), minimum documentation elements describing the physical security of evidence were added. All nonsubstantive technical changes recommended by JCAR were made.


agreements issued by JCAR? Yes 13) Will this rulemaking replace any emergency rulemaking currently in effect? No 14) Are there any amendments pending on this Part? No 15) Summary and Purpose of Rulemaking: Section 255.30 prescribes guidelines for

members of the Secretary of State Office of the Inspector General to use when initiating, conducting and completing investigations.


SECRETARY OF STATE


16) Information and questions regarding this adopted amendment shall be directed to:

Secretary of State Nathan Maddox, Senior Legal Advisor 298 Howlett Building Springfield, IL 62701 217/785-3094 17) Does this amendment require the preview of the Procurement Policy Board as specified

in Section 5-25 of the Illinois Procurement Code [30 ILCS 50/5-25]? No The full text of the Adopted Amendment begins on the next page:


SECRETARY OF STATE


TITLE 2: GOVERNMENTAL ORGANIZATION SUBTITLE C: CONSTITUTIONAL OFFICERS

CHAPTER III: SECRETARY OF STATE

PART 552 DEPARTMENTAL DUTIES

Section 552.10 Service of Process Upon the Secretary of State 552.20 Filing of Miscellaneous Documents with the Secretary of State 552.30 Initiating, Conducting and Completing Investigations AUTHORITY: Secretary of State Act, Section 14(f) (15 ILCS 305/14(f)). SOURCE: Adopted at 12 Ill. Reg. 3022, effective February 1, 1988; amended at 14 Ill. Reg. 6854, effective May 1, 1990; amended at 30 Ill. Reg. 15786, effective September 18, 2006. Section 552.30 Initiating, Conducting and Completing Investigations

a) The Office of Inspector General (OIG) will conduct all investigations in a professional and thorough manner. Investigations will be properly documented and will be submitted in written reports of findings. Proper documentation of an investigation shall include, at a minimum, a description of the alleged misconduct or offense; the events and circumstances surrounding the allegation, including the results of interviews, review of documents and records, and other material information revealed during the investigation; and a recommendation concerning the merits of the allegation.

b) The OIG will utilize methods for investigative interviews consistent with current

police practices and techniques and will observe and comply with all laws and agreements related to the questioning of employees or other individuals.

c) For the purposes of this Section, the following provisions shall apply when the

OIG initiates investigations:

1) The OIG will maintain an intake procedure, under the supervision of the Chief of Investigations, for processing all complaints. Complaints may be received by telephone, letter, fax, e-mail or in person. Anonymous complaints will be accepted. When a complaint is received, it will be


SECRETARY OF STATE


documented on a complaint form and assigned a complaint reference number.

2) The Chief of Investigations will review each complaint to determine

whether a case should be initiated and assigned to an Inspector. When necessary for this initial decision, an Inspector may be assigned to gather additional information concerning the validity of the complaint and/or the credibility of the complainant. When the Chief of Investigations initiates a case, the complaint will receive a case number and be assigned to an Inspector.

3) To initiate an investigation, a complaint must, at a minimum, include facts

demonstrating OIG jurisdiction and a reasonable belief that employee misconduct may have occurred involving a violation of a law, rule or regulation; mismanagement; abuse of authority; or a substantial and specific danger to the public health and safety.

d) For the purposes of this Section, the following provisions shall apply when the

OIG conducts investigations:

1) The Chief of Investigations, or his/her designee, will be responsible for the supervision of all investigative activities and will ensure that Inspectors:

A) Properly document all investigative activities, which shall include,

at a minimum, completion of a complaint form, investigative report and investigative summary;

B) Properly secure all physical evidence, including completion of an

inventory of evidence form and securing the evidence in an evidence vault or other secure location;

C) Complete all reports; and

D) Submit case summaries to management that are accurate and

complete.

2) Investigative activities may include, but are not limited to: interviews; requests for information, documents or other materials; custody of physical evidence; surveillance; and inspection of physical premises. The


SECRETARY OF STATE


methods of investigation utilized in each case will be those most likely to establish the relevant facts of the case.

e) For the purposes of this Section, the following provisions shall apply when the

OIG completes investigations:

1) All cases will be characterized as either Active, Pending or Closed.

2) A case is Active when the matter requires current or continued investigation.

3) A case is Pending when the investigation is completed and awaiting

prosecution or civil or administrative action. A case may be Pending/Inactive if no investigative activity is anticipated for a period of 30 days or longer.

4) A case is Closed when investigative action ceases due to unfounded

allegations, an administrative closing of the case, the completion of adjudication of all subjects, or the referral of the case to another agency for investigation in which the OIG will not participate.

5) A Case Summary Report will be completed at the conclusion of each

investigation.

A) Case Summary Reports will be submitted to the Chief of Investigations for approval.

B) The approved Case Summary Reports then will be submitted to the

Inspector General for final approval.

C) Case Summary Reports approved by the Inspector General will be forwarded to the appropriate Director for informational purposes or for the initiation of disciplinary action. Copies of the Summaries also will be forwarded to the Director of Personnel.

f) The following provisions shall apply to interactions between the OIG and other

law enforcement agencies.

1) When it appears that a case may warrant criminal investigation, the appropriate federal, state or local law enforcement agency will be


SECRETARY OF STATE


contacted for possible joint investigation at the earliest practicable time. When warranted by an investigation, a case will be presented to the appropriate local or federal prosecutor for a prosecutorial decision.

2) When necessary for the completion of an OIG investigation, the OIG may

request information or assistance from appropriate local, state or federal law enforcement agencies.

3) Upon receipt of a request from a local, state or federal law enforcement

agency for assistance or information, the OIG will provide that information or assistance in compliance with applicable State and federal laws.

(Source: Added at 30 Ill. Reg. 15786, effective September 18, 2006)


DEPARTMENT OF TRANSPORTATION


1) Heading of the Part: Control of Outdoor Advertising Adjacent to Primary and Interstate Highways

2) Code Citation: 92 Ill. Adm. Code 522 3) Section Numbers: Adopted Action:

522.20 Amend 522.30 Amend 522.50 Amend 522.80 Amend 522.90 Amend 522.130 Amend 522.150 Amend 522.160 Amend 522.175 New Section 522.190 Amend 522.ILLUSTRATION H Repeal 522.ILLUSTRATION M New

4) Statutory Authority: Implementing Section 9-112.1 and 9-112.2 of the Illinois Highway

Code [605 ILCS 5/9-112.1 and 112.2] and Sections 1 through 8 and 10 of the Highway Advertising Control Act of 1971 [225 ILCS 440/1 − 8 and 10] and authorized by Section 4-201.1 of the Illinois Highway Code [605 ILCS 5/4-201.1] and Section 14.01 of the Highway Advertising Control Act of 1971 [225 ILCS 440/14.01]; implementing Section 1 and authorized by Section 17 of the Airport Zoning Act [620 ILCS 25/1 and 17]

5) Effective Date of Amendments: October 1, 2006 6) Does this rulemaking contain an automatic repeal date? No 7) Does this rulemaking contain incorporations by reference? No 8) A copy of the adopted amendments, including any material incorporated by reference, is

on file in the agency's principal office and is available for public inspection. 9) Notice of Proposal Published in Illinois Register: April 7, 2006; 30 Ill. Reg. 6125 10) Has JCAR issued a Statement of Objection to these amendments? No




11) Differences between proposal and final version: Various non-substantive grammatical/technical changes were made in agreement with JCAR. Additionally, the Department revised Section 522.50(b)(1)(B) and added a new subsection (b)(1)(C) to Section 522.50 to further clarify zoning requirements. The Department also restored the fees to their statutory amounts at Section 522.50(b)(10)(A), (B), and (C). The Department revised Section 522.90(a) to increase the time period for renewal of permits to 3 years from 2 years. Finally, at Illustration M, the listings of counties under Districts 7 and 9 have been revised to reflect the Department's latest reorganization plan.


agreements issued by JCAR? Yes 13) Will this rulemaking replace any emergency amendments currently in effect? No 14) Are there any amendments pending on this Part? No 15) Summary and Purpose of Amendments: By this Notice, the Department has amended

this Part to, among other things, add language to strengthen the conforming sign site control criteria. Accordingly, at Section 522.20, a "sham" building will not be considered a commercial or industrial activity when determining unzoned commercial or industrial areas. Moreover, actual commercial or industrial activities will need to be in place at a site, or the site will need to be documented as a site for which future commercial or industrial use is pending, before a site will be considered in conformance. Zoning alone will no longer be acceptable. Additionally, Section 522.50 now provides that zoning certifications must be submitted on the local governing agency's letterhead and attached, along with the additional documentation, to the permit application. These certifications will attest to a property's zoning status and, in the case of interstate areas, will attest to a site's conformance with the September 21, 1959 criteria.

Other significant changes include: At Section 522.20, a new definition of "Multiple Message Signs" has been added and provides that a fixed message will be displayed for at least ten seconds in length with a transition time between message changes of three seconds or less. In addition to the changes previously noted to Section 522.50, under the new amendments, supporting documentation required for permit applications will be consistent statewide. Documentation requirements for all signs, whether in the Chicago-area or elsewhere, will be the same.




Illinois State Plane Coordinates will need to be provided, and a certificate of good corporate standing from the Illinois Secretary of State's Office will be required. Permit fees will be non-refundable. Finally, a certification will need to be provided stating that the applicant does not own an illegal or abandoned sign. At Section 522.80, any applicant of an illegal or abandoned sign will not be able to secure permits until such time that a corrective remedy has been performed. At Section 522.90, the permit application renewal period will be increased from 180 days to 3 years, and applicants will be required to wait 60 days before applying again for the same site. At Section 522.130, the review procedures for sign applicants whose permits have been revoked have been rewritten to provide greater clarity with respect to the review sequence or review timeline. At Section 522.150, a definition and additional control criterion for abandoned signs has been added as follows: a sign will be considered abandoned when no message or display appears for one year, unless the display advertises the availability of the sign. At Section 522.160, the control requirements for official notices have been clarified. A new Section, Section 522.175, has been added to better define the requirements for official signs. At Illustrations H and M, the Department is repealing the District Highway Map and adding an updated listing of district offices and counties to replace it.

16) Information and questions regarding these adopted amendments shall be directed to:

Mr. Richard Hunter, Chief, Bureau of Land Acquisition Illinois Department of Transportation, Division of Highways 2300 South Dirksen Parkway, Room 103 217/782-6243 Springfield, Illinois 62764

The full text of the Adopted Amendments begins on the next page:




TITLE 92: TRANSPORTATION CHAPTER I: DEPARTMENT OF TRANSPORTATION

SUBCHAPTER f: HIGHWAYS

PART 522 CONTROL OF OUTDOOR ADVERTISING ADJACENT TO

PRIMARY AND INTERSTATE HIGHWAYS

SUBPART A: GENERAL PROVISIONS

Section 522.10 Purpose 522.20 Definitions

SUBPART B: PERMIT APPLICATION AND REGISTRATION PROCEDURES AND REQUIREMENTS

Section 522.30 Signs Requiring Permits and Registrations 522.40 Place of Filing 522.50 Permit Application Contents 522.60 Receipt of Application 522.70 Approval of Application 522.80 Denial of Application 522.90 Renewal of Permits 522.100 Registration of Existing Signs

SUBPART C: REVOCATION OF PERMITS

Section 522.110 Notice of Intent to Revoke 522.120 Reply of Permittee 522.130 Review Procedures 522.140 Issuance of the "30 Day Letter"

SUBPART D: STANDARDS FOR SIGNS

Section 522.150 Signs that may not be Erected or Maintained 522.160 Standards for Official Notices




522.170 Standards for Directional Signs 522.175 Standards for Official Signs 522.180 Standards for Signs Advertising the Sale or Lease of Property on which they are

Located 522.190 Standards for On Premise Signs 522.200 Standards for Signs in Business Areas 522.210 Standards for Signs Providing Information Relative to Lodging, Food, Outdoor

Recreational Facilities or Automotive Service Facilities

SUBPART E: SIGNS WHICH MAY BE ERECTED WITHOUT A PERMIT

Section 522.220 Department Notification

SUBPART F: MISCELLANEOUS PROVISIONS

Section 522.230 Multiple Signs 522.240 Signs Facing Two or More Highways 522.ILLUSTRATION A Expressway 522.ILLUSTRATION B Unzoned Commercial or Industrial Area 522.ILLUSTRATION C Interchange Spacing 522.ILLUSTRATION D Spacing Measurement Along Pavement 522.ILLUSTRATION E Spacing Measurement At Right Angle 522.ILLUSTRATION F Spacing Measurement On Same Line 522.ILLUSTRATION G Spacing Measurement Along Curves 522.ILLUSTRATION H Map of Highway Districts (Repealed) 522.ILLUSTRATION I Control Along Intersecting Highways 522.ILLUSTRATION J Public Airports 522.ILLUSTRATION K Spacing Measurement Monopole Back-to-Back V-Type 522.ILLUSTRATION L Spacing Measurement Standard Back-to-Back V-Type 522.ILLUSTRATION M District Offices and Counties AUTHORITY: Implementing Sections 9-112.1 and 9-112.2 of the Illinois Highway Code [605 ILCS 5/9-112.1 and 112.2] and Sections 1 through 8 and 10 of the Highway Advertising Control Act of 1971 [225 ILCS 440/1-8 and 10] and authorized by Section 4-201.1 of the Illinois Highway Code [605 ILCS 5/4-201.1] and Section 14.01 of the Highway Advertising Control Act of 1971 [225 ILCS 440/14.01]; implementing Section 1 and authorized by Section 17 of the Airport Zoning Act [620 ILCS 25/1 and 17].




SOURCE: Amended August 23, 1976; codified at 7 Ill. Reg. 12887; Part repealed, new Part adopted at 12 Ill. Reg. 16163, effective September 27, 1988; amended at 17 Ill. Reg. 7258, effective May 7, 1993; amended at 22 Ill. Reg. 7262, effective April 9, 1998; amended at 30 Ill. Reg. 15792, effective October 1, 2006.

SUBPART A: GENERAL PROVISIONS Section 522.20 Definitions

"Act" means the Highway Advertising Control Act of 1971. [225 ILCS 440]. "Air mile" means a distance of one mile as measured horizontally along a straight

line between the sign and activity advertised. "Business Area" means any part of an area adjacent to and within 660 feet of the

right-of-way which is at any time zoned for business, commercial or industrial activities under the authority of any law of this State; or not so zoned, but which constitutes an unzoned commercial or industrial area. However, as to signs along Interstate highways, the term "business area" includes only areas which are within incorporated limits of any city, village, or incorporated town, as such limits existed on September 21, 1959, and which are zoned for business, industrial or commercial use, or to portions of Interstate highways which traverse other areas where the land use, as of September 21, 1959, was clearly established by State law as business, industrial or commercial. (Section 3.12 of the Act [225 ILCS 440/3.12]) Areas which were zoned as of September 21, 1959 and were not specifically zoned for business, commercial or industrial use as of September 21, 1959 and were outside corporate limits on that date will not be considered business areas along Interstate highways. Areas which were unzoned on September 21, 1959 may qualify as business areas along Interstate highways if the applicant can show, based on contemporaneous historical records of State actions (e.g., State sales tax records, required State license fees, etc.) that the land on September 21, 1959 was and has continuously been used as business, commercial or industrial. Land unzoned on September 21, 1959, used for agricultural and/or farming activities, including but not limited to forestry, ranging, mining and mineral extraction activities, grazing, wayside produce stands and grain storage bins, will not be considered as business, commercial or industrial land uses for purposes of this Part. Additionally, unzoned land used for railroad tracks and minor sidings; transient or temporary activities not involving permanent buildings or structures; outdoor advertising structures; activities not visible from the main-




traveled way; and activities conducted in a building principally used as a residence (if the ground floor of the building is more than 50% residence); and activities located in buildings that are not integral to the business operation or that are used to store trade equipment and where business transactions do not take place will not be considered as business, commercial or industrial land uses will not be considered as business, commercial or industrial land uses.

"Code" means the Illinois Highway Code. [605 ILCS 5]. "Commercial or industrial activities," as used in the definition of "business area"

and "unzoned commercial or industrial area," means those activities located within 660 feet of the nearest edge of the highway right-of-way generally recognized as commercial or industrial by zoning authorities in this State, such as land use devoted to commerce, industry, trade, manufacturing, highway service, highway business, warehouses, offices or similar uses, but for the purpose of determining unzoned commercial and industrial areas does not include the following:

Agricultural, forestry, ranging, mining and mineral extraction activities, grazing and farming activities, including wayside fresh produce stands and grain storage bins; Railroad tracks and minor sidings; Transient or temporary activities not involving permanent buildings or structures; Activities that are conducted in a building that is used to store trade equipment or that is not integral to the business operation where actual business transactions take place; Outdoor advertising structures; Activities not visible from a main-traveled way; and Activities conducted in a building principally used as a residence (if the ground floor of the building is more than 50% residence). (Section 3.10 of the Act)

"Damaged signs" means signs which require more than fifty percent replacement




of the uprights, in whole or in part. "Department" means the Illinois Department of Transportation. "District" means any one of the District offices of the Department's Division of

Highways. (See Section 522.Illustration H.) "Directional signs" means signs containing directional information about public

places owned or operated by Federal, State or local governments or their agencies; publicly or privately owned natural phenomena; historic, educational, cultural, scientific and religious sites; areas of natural or scenic beauty; or areas naturally suited for outdoor recreation which are deemed to be in the interest of the traveling public.

"Director" means the Director of the Division of Highways or the Director's designee.

"District" means any one of the District offices of the Department's Division of Highways. (See Illustration M.)

"Erect" means to construct, build, raise, assemble, place, affix, attach, create,

paint, draw or in any other way bring into being or establish; but does not include any of the foregoing activities when performed as an incident to the change of advertising message or normal maintenance or repair of a sign or sign structure. (Section 3.08 of the Act) Replacing more than fifty percent of the uprights, in whole or in part, or extending the height above ground, or similar activities which substantially change a sign such as anything which makes a sign more valuable; adding lighting, or making the sign bigger are examples, are not normal maintenance or repair.

"Expressway" means a primary highway constructed either as a freeway or

tollway which has complete control of access. (See Section 522.Illustration A.) (Section 3.04 of the Act)

"Federal, State or local law" means a Federal or State constitutional provision or

statute, or an ordinance, rule or regulation enacted or adopted by a State or Federal agency or a political subdivision of a State pursuant to Federal or State constitution or statute.

"Illegal Signs" means signs not in compliance with this Part.




"Interchange" means a system of interconnecting roadways in conjunction with

one or more grade separations, providing for the movement of traffic between two or more roadways on different levels.

"Interstate highway" means any highway, including a tollway, designated by the

Department and approved by the United States Department of Transportation as a part of the National System of Interstate and Defense Highways. A highway becomes a part of the National System of Interstate and Defense highways upon the date of approval of the Route Location Decision and the approval of the addition of the highway to the National System of Interstate and Defense Highways by the Governor and the United States Department of Transportation. (Section 3.02 of the Act)

"Main-traveled way" means the traveled way (i.e., pavement) of a highway on

which through traffic is carried. In the case of a divided highway, the traveled way of each of the separated roadways for traffic in opposite directions is a main-traveled way. It does not include such facilities as frontage roads, turning roadways, or parking areas. (Section 3.05 of the Act)

"Maintain" means to allow to exist (Section 3.06 of the Act) and includes the

periodic changing of advertising messages, customary maintenance and repair of signs and sign structures.

"Multiple Message Sign" means an outdoor advertising sign that displays a series of message changes, regardless of the technology used. A multiple message sign provides for a fixed message of at least ten seconds in length with a transition time between message changes of three seconds or less. Multiple message signs contain a default design that will freeze the message in one position if a malfunction occurs.

"Municipality" means a city, village, or incorporated town in the State of Illinois,

but, "municipal" or "municipality" does not include a township, town when used as the equivalent of a township, incorporated town which has superseded a civil township, county, school district, park district, sanitary district or any other similar governmental district. (Section 3.09 of the Act)

"National Highway System" means theis a designation provided to certain

highways by the Department, which designation must be approved by the United States Department of Transportation and the United States Congress for the




purpose of providing an interconnected system of principal arterial routes that serve major population centers, international border crossings, ports, airports, public transportation facilities, other major travel destinations, and interstate and inter-regional travel and meet national defense requirements. (Section 3.15 of the Act)

Non-conforming sign and/or sign structure means a: A registered sign and/or sign

structure lawfully in existence as of the effective date of the Highway Advertising Control Act (July 1, 1972), but which thereafter does not conform with the provisions of the Act. The term also includes a lawful sign and/or sign structure rendered non-conforming by its subsequently becoming subject to the terms of the Act, including but not limited to its being adjacent to a highway, and not in a business area, that subsequently comes under control of the Act or a sign and/or sign structure that is rendered non-conforming by subsequent amendment to the Act (except that sign and/or sign structures subject to the amendments of Section 6.01 (Size) and 6.03 (Spacing) of the Act by Public Act 87-1205 shall not be rendered non-conforming, the text of this paragraph notwithstanding). A non-conforming sign and/or sign structure may be repaired, but neither a lawfully erected conforming sign and/or sign structure nor a lawfully erected non-conforming sign and/or sign structure may be compelled to be altered or removed under this Act until just compensation is paid to the sign and/or sign structure owner and the owner or owners of the property on which the sign and/or sign structure is erected.

"Official notices" means service club and religious notices and public service

signs. "Official signs" means signs erected and maintained by public officers or public

agencies within their territorial or zoning jurisdiction and pursuant to and in accordance with direction or authorization contained in Federal, State or local law for the purposes of carrying out an official duty or responsibility. Historical markers authorized by State law and erected by State or local government agencies or non-profit historical societies are considered official signs.

"On premise signs" means those signs which advertise activities conducted on the

property on which they are located. Variety seed signs, fertilizer signs, and other agricultural product signs are not on premise signs unless at least fifty percent of the sign face is devoted to identification of the farm owner or operator. A sale or lease sign which also advertises any product or service not located upon and unrelated to the business of selling or leasing the land on which the sign is located




is not an on premise sign. "Parkland" means any publicly owned land which is designed or used as a public

park, recreation area, conservation area, wildlife or waterfowl refuge or historic site.

"Primary highway" means any highway, other than an Interstate highway,

designated by the Department and approved by the United States Department of Transportation as a part of the Federal-Aid Primary System in existence on June 1, 1991 or any highway other than an Interstate highway that is not on such system that is on the National Highway System. (Section 3.03 of the Act)

"Public utility signs" means warning signs, informational signs, notices or

markers which are erected and maintained by publicly or privately owned public utilities as essential to their operations.

"Responsible Local Officials" means in urbanized areas, principal elected officials

of general purpose local governments acting through the Metropolitan Planning Organization designated by the Governor; or in urban areas not within any urbanized area, principal elected officials of general purpose local governments.

"Rest area" means an area or site established and maintained within or adjacent to

the highway right of way by or under public supervision or control for the convenience of the traveling public.

"Right-of-way" includes all property, whether it is presently being used for

highway purposes or not, either under the jurisdiction of the Department or owned in fee by the State of Illinois or dedicated to the People of the State of Illinois for highway purposes, for which the jurisdiction, maintenance, administration, engineering or improvement of any highway situated thereon has been contracted by the Department to any other highway authority pursuant to Section 4-409 of the Highway Code.

"Scenic area" means any area of particular scenic beauty or historical significance

as determined by Federal, State or local officials having jurisdiction over said areas, and includes interests in land which have been acquired for the restoration, preservation and enhancement of scenic beauty.

"Scenic byway" means that portion of a highway that has been nominated by the

Department to the United States Department of Transportation for designation as




a National Scenic Byway or All-American Road, and that has received national designation. "Scenic byway" does not include a section of primary or Interstate highway that traverses a business area at the time of nomination, except in accordance with Section 14.02(a)(5) of the Act. (Section 3.16 of the Act)

"Secretary" means the Secretary of the Department. "Service club and religious notices" means signs and notices relating to meetings

of not for profit service clubs and charitable associations, or religious services. "Sign" means any outdoor sign, display, device, notice, figure painting, drawing,

message, placard, poster, billboard, or other thing, which is designated, intended or used to advertise or inform, and of which any part of the existing or intended advertising or informative contents is or will be visible from any place on the main-traveled way of any portion of an Interstate or primary highway and which is within 660 feet of the nearest edge of the right-of-way of such highway. (Section 3.07 of the Act)

"Sign" also means any sign described above which is more than 660 feet from

the nearest edge of such highway right-of-way, outside of an urban area, visible from any place on the main-traveled way of any portion of such highway and erected with purpose of its message being read from such main-traveled way. (Section 3.07 of the Act)

"Sign Structure" means the assembled components which make up an outdoor

advertising display, including but not limited to uprights, supports, display area and trim.

"Unzoned commercial or industrial area" means any area adjacent to the right-

of-way of a primary highway or an Interstate highway for purposes of Section 522.210, not zoned by any county or municipality and which lies within 600 feet of any commercial or industrial activity. All measurements shall be from the outer edges of the regularly used buildings, parking lots, storage or processing areas of the activities, not from the property lines of the activities, and shall be along or parallel to the edge or pavement of the highway. On primary highways other than expressways, but not along Interstate highways for purposes of Section 522.210, where there is an unzoned commercial or industrial area on one side of the road in accordance with the preceding, the unzoned commercial or industrial area shall also include those lands directly opposite on the other side of the highway to the extent of the same dimensions except where such lands are




publicly owned or controlled for scenic or recreational purposes. (See Section 522.Illustration B.) (Section 3.11 of the Act)

"Urban area" means an urbanized area or, in the case of an urbanized area

encompassing more than one state, that part of the urbanized area in each such state, or an urban place as designated by the Bureau of the Census of the United States having a population of 5,000 or more and not within any urbanized area, within boundaries to be fixed by responsible state and local officials in cooperation with each other, subject to approval by the Secretary of the United States Department of Transportation. Such boundaries shall, as a minimum, encompass the entire urban place designated by the Bureau of the Census. (Section 3.14 of the Act)

"Visible" means capable of being seen (whether or not legible) without visual aid

by persons of normal visual acuity. (Section 3.13 of the Act) (Source: Amended at 30 Ill. Reg. 15792, effective October 1, 2006)

SUBPART B: PERMIT APPLICATION AND REGISTRATION

PROCEDURES AND REQUIREMENTS Section 522.30 Signs Requiring Permits and Registrations The following types of signs may be erected and maintained only after a permit or registration has been issued by the Department. Further, existing signs erected pursuant to the Act can only be re-erected or altered (outside of normal maintenance activity) subsequent to the receipt of a permit (see Section 522.50, Permit Application Contents).

a) Signs along Interstate highways that advertise the sale or lease of property on which they are located;

b) On premise signs located along Interstate highways; c) Signs located along Interstate highways that provide information relative to

lodging, food, outdoor recreational facilities or automotive service facilities; d) Signs in business areas other than directional signs, official signs, official notices,

public utility signs, or those non-business area signs described in subsections (a), (b), and (c) above;




e) Any nonconforming sign listed in subsections (a)-(d) thatwhich, after receiving a permit or registration, becomes a damaged sign and the owner intends to repair the sign. These signs shall require new permits but shall not require payment of a fee;

f) Any sign listed in subsections (a)-(d) thatwhich, after receiving a permit or a

registration, is erected again, is enlarged or extended by the sign owner. These signs shall require new permits and payment of the application fee.

(Source: Amended at 30 Ill. Reg. 15792, effective October 1, 2006)

Section 522.50 Permit Application Contents

a) The permit application shall be a form prescribed by the Department. The application shall require the applicant to provide specific information necessary for the District to determine whether a permit should be issued.

b) The following additional documentation shall be attached to the permit

application: 1) Verification as to the zoning classification for the proposed sign location.

For proposed signs along Interstate highways, the documentation shall show whether the site lies within incorporated limits as they existed on September 21, 1959, and, if not, the land use as it was zoned on September 21, 1959. If the site was not zoned on September 21, 1959, or is not zoned now, this shall be stated. A) Verification of zoning classification will consist of an ordinance,

certification by the current zoning official andor any other documentation thatwhich shows the zoning classification. The zoning certification must be submitted on the local governing agency's letterhead and must certify to the site's zoning classification as well as to the site's adherence to the September 21, 1959 criteria prescribed in subsection (b)(1) of this Section.

B) Zoning must be comprehensive. Signs will not be permitted on

spot zoned land or land on which the only plausiblepossible commercial or industrial use is outdoor advertising.

C) When the application is for a site in a newly zoned commercial or




industrial area and no commercial or industrial site development is evident, the zoning certification must certify to the site's pending commercial or industrial use. For purposes of this subsection (b)(1)(C), "newly zoned" means zoning that occurs from time-to-time when market conditions warrant a change of land use. As evidence of pending commercial or industrial use, the application shall include a site plan that has been approved by the local zoning authority. If an approved site plan does not exist, the application shall include a statement by the local zoning authority certifying to the existence of utilities, roads and streets necessary to support commercial or industrial development.

2) Illinois State Plane Coordinates or reference to latitude/longitude

coordinates for the proposed location, as well as aA site drawing of the proposed location. The site drawing for business area signs other than on premise signs and signs that advertise the sale or lease of property on which they are located, shall contain at least the following information for signs to be erected outside of the counties of Cook, DuPage, Lake, McHenry, Kane, and Will: A) The exact location of the proposed sign. B) The distance as measured along the edge of the highway pavement

between the proposed sign and the nearest existing signssign(s) other than on premise signs and signs that advertise the sale or lease of property on which they are located, whether illegal or legal as long as the signsign(s) is visible from any place on the main traveled way of the highway regardless of which highway the sign's message is primarily intended to face and, in urban areas, is within 660 feet of the nearest edge of the highway right-of-way. Measured distances between the proposed sign and the nearest existing sign shall be as prescribed in the table in subsection (b)(3).

C) The distance between the proposed sign and the nearest edge of the

highway right-of-way. D) For signs located along interstate highways or expressways outside

incorporated municipalities, the distance between the proposed sign and the beginning or ending of pavement widening for any interchange within 600 feet.




3) For signs with display area in excess of 150 square feet located in the

counties of Cook, DuPage, Lake, McHenry, Kane and Will, the site drawing shall contain all of the information required in subsection (b)(2) of this Sectionabove, and, in addition, shall be prepared or approved by a land surveyor licensed by the State of Illinois and shall show measured distances between the proposed sign and the nearest existing sign according to the following table:

Type of Highway Distance (feet) Interstate 600 Expressway 600 Primary (Unincorporated Area) 600 Primary (Incorporated Area) 400

4) For signs with display area in excess of 150 square feet, a current title

commitment or other evidence of title showing ownership of the proposed site.

5) Whenever the applicant does not own the proposed site, a certificate of

good corporate standing from the Illinois Secretary of State's Office will be required, as well as a fully executed site lease, contract to purchase or other proof of consent to erect and maintain a sign on the site. Leases shall contain all riders. Rents need not be shown. All changes made to the lease, contract to purchase, or consent which are related to the requirements of this Part shall also be submitted to the District. Whenever the lease, contract to purchase or consent is not signed by the property owner, proof of authority shall also be provided. A lease, contract to purchase, or other form of consent to erect and maintain a sign that is subject to a permit being issued by the Department to erect a sign will be considered a valid and binding document. If the lease, contract to purchase or other consent to erect and maintain a sign is terminated prior to the erection of the sign, the permit is void.

6) For on-premise signs, a plat or survey shall be provided showing the

location of the sign, the location of the activity being advertised, and the distance to the nearest edge of the highway right of way.

7) For signs that advertise the sale or lease of property on which they are

located, a site drawing shall be provided showing the location of the sign




and the distance to the nearest edge of the highway right-of-way. 8) For signs described by Section 522.210, the distance in air miles between

the proposed sign and the activity advertised. 9) A copy of written notice by the applicant to the municipality where the

sign is to be located, or to the county where the sign is to be located in an unincorporated area, of the fact that an application has been filed with the Department. A copy of the completed application form shall be forwarded to the municipality or county.

10) Remittance of the non-refundable application fee by check or money order

payable to the Treasurer of the State of Illinois. As of July 1, 1993, the application fee shall be as follows: A) For signs of less than 150 square feet, the fee shall be $50.; B) For signs of at least 150 but less than 300 square feet, the fee shall

be $100.; C) For signs of 300 or more square feet, the fee shall be $200.

(Section 8 of the Highway Advertising Control Act of 1971) [225 ILCS 440/8]

D) The square feet shall be measured by the smallest square,

rectangle, triangle, circle, or combination thatthereof which will encompass the entire display area. If one side of the sign provides for more display area than another, the measurements will be made on the larger side.

11) For signs to be located along Interstate highways in business areas on

parcels of land located in areas which were unzoned on September 21, 1959, proof based on contemporaneous historical records of State actions that the land use on September 21, 1959 was business, commercial or industrial, must be submitted with the permit application.

12) When a permit has previously been issued for a specific sign at a specific

site and the holder of that permit wishes to change that permitted sign in a manner that would require the issuance of a new permit, the applicant must provide a copy of the original permit application identifying the




permit number and application approval. This type of application will also require the following: A) A statement that the application is being submitted in order to

move or improve an existing permitted sign and that this action will not cause any violations pursuant to the requirements of the Act and this Part.

B) The removal of the existing permitted sign will occur prior to the

erection of any other sign approved as a result of this permit application.

C) All other requirements of the Act and this Part are satisfied without

conditions. c) The applicant shall certify that all of the information provided is true and accurate

and that the applicant is not the owner of an abandoned or illegal sign as defined by this Part. This certification shall be supported by an oath or affirmation acknowledged by a notary public.


Section 522.80 Denial of Application

a) If a review of the application or a site investigation reveals that the permit application is incomplete, contains incorrect information or is not in compliance with the requirements of the Act or this Part, or that the applicant is the owner of an abandoned or illegal sign, then the District shall notify the applicant in writing by certified mail of its intent to deny the permit application and state the reasons for that action. The notification shall inform the applicant that he/she has thirty calendar days from the date of receipt of the notification to challenge the intent to deny or to correct the deficiencies noted. No time extensions will be permitted. The challenge shall be made in writing, state the position of the applicant, the facts in support of that position and shall contain any relevant documentation. The challenge must be received in the District office within the thirty day period. The District will review the challenge and shall either approve or deny the application based on the requirements of this Part. No appeal may be taken from the District's decision on the challenged application. The applicant's priority will be retained pending the District's final decision. Only one application per applicant will be processed for the same site or any site within 500 feet of the site along an




Interstate, expressway or a primary highway outside a municipality, or within 300 feet along a primary highway within a municipality, for which a permit application is submitted prior to the final decision by the District.

b) If, after consideration of the challenge, the District approves the application, the

procedures in Section 522.70 shall apply. If, after consideration of the challenge, the District denies the application, it shall be marked "denied" on its face and the reason for denial stated on the application. The District shall notify the permittee of the denial by sending a copy of the denied application and refunding the application fee.

c) The permittee shall be deemed to have waived the right to challenge if the

challenge is not filed in the time specified in subsection (a) of this Sectionabove. In such case, the application will be denied and be processed in the same manner as an application denied with a challenge.


Section 522.90 Renewal of Permits

a) Signs must be erected within three years afterone hundred eighty days of the date the permit is issued. If a sign is not erected within three years, the permit will become void and the applicant will be required to wait 60 calendar days before a new application for that site can be submitted and considered. The permittee shall apply for a renewal permit in the event the sign is not erected within this period. The permit application requirements in this Subpart shall apply to renewal of permits.

b) Upon a change in permittee or sign ownership, the new permittee or owner of the

sign shall notify the District of the sign permit or registration number and the old and new permittee or sign owners' names within 60sixty days after the change in permittee or sign ownership. No application fee is required under these circumstances. Any permit or registration not so renewed shall become revocable in accordance with the provisions of Subpart C. (Section 8 of the Act).


SUBPART C: REVOCATION OF PERMITS

Section 522.130 Review Procedures




a) Proceedings

1) In response to the timely receipt of the permittee's replyReply requesting a

review, the District willshall notify the Director of Highways within 14 calendarten days that a request for reviewReview Request has been received. The District will also send a copy of the written notice to the permittee by certified mail. A copy of the notification shall also be sent to the permittee.

2) Within 28 calendar days after the permittee's receipt of the District's notice

to the Director, the permittee shall submitThe District and the permittee shall submit, to the Director in duplicate itsof Highways or designee, written argumentarguments in duplicate supporting itstheir positions within thirty days of the Review Request being received by the Director of Highways. The permittee shall also send a copy of its argument to the District by certified mail. A) Written arguments must contain proposed findings of fact and

conclusions of law. B) The Director of Highways or designee will provide the District and

the Permittee with a copy of the opposing parties written arguments.

C) Written rebuttal arguments will be considered only if received in

duplicate by the Director of Highways or designee within 15 days after the date each party receives the opposing party's written arguments. A copy of these rebuttal arguments will also be provided to each party by the Director of Highways or the Director's designee.

D) The Director of Highways or designee may hold a conference if it

is necessary to adjudicate conflicting facts or to simplify relevant issues. Conferences may be held in person or by telephone.

3) Within 28 calendar days after the District's receipt of the permittee's

argument, the District will submit to the Director in duplicate its written argument and response to the permittee's argument supporting its positions. The District is responsible for assembling the record for review




and will include the record for review with its argument to the Director. The District will also send a copy of its argument and response and the record for review to the permittee by certified mail.

4) Within 14 calendar days after receipt of the District's argument and

response and the record for review, the permittee shall submit to the Director in duplicate its written rebuttal argument to the District's argument and response. The permittee's rebuttal argument shall only address the District's argument and response and shall not introduce new theories on the disputed matter. The permittee shall also send a copy of its rebuttal argument to the District by certified mail.

5) The Director may hold a conference if it is necessary to adjudicate

conflicting facts or to simplify relevant issues. Conferences may be held in person or by telephone.

6)3) Within 28 calendar30 days after receipt of arguments, rebuttal argument,

and exhibits and a conference, if one is held, the Director of Highways or designee shall render the decision and promptly notify the District and the permittee in writing by certified mail of the decision. A) The decision will be based on the written arguments, rebuttal

argument, the fact finding conference, and relevant exhibits. B) All ex parte communications with the Director of Highways or

designee pertaining to the reviewReview will be promptly summarized and communicated in writing to the opposing partiesuniformed party(ies).

7) Written arguments and written rebuttal arguments must contain proposed

findings of fact and conclusions of law. 84) If the permittee fails to submit a written argumentarguments or does not

submit itthem within the 28 calendar30 day period, the resultant decision will be that the allegation or allegations as set forth in the Notice of Intent to Revoke Permit are true, correct, and proven.

95) If the District fails to submit a written argumentarguments or does not

submit itthem within the 28 calendar30 day period, the resultant decision will be that the allegation or allegations as set forth in the Notice of Intent




to Revoke Permit are unproven.

10) If the permittee fails to submit a written rebuttal argument within the 14 calendar day period, the rebuttal argument will not be considered.

11) The Director may extend deadlines prescribed in this Section upon a

written request by either the permittee or the District. b) Departmental Action Following Review

1) If a sign has been found to be unlawful, the Department shall issue a "30

day letter" as provided in Section 522.140. 2) If a sign has been found to be in compliance with this Part, the permit will

be considered lawful. 3) If the Director of Highways or designee finds that insufficient information

has been provided, he/she shall direct the parties to supply the needed information so that a decision can be rendered.


SUBPART D: STANDARDS FOR SIGNS

Section 522.150 Signs that may not be Erected or Maintained The following signs shall not be erected or maintained:

a) Signs located within the right-of-way of an Interstate or primary highway or on any structure, wire, cable, or other device over or above an Interstate or primary highway right-of-way except the following: 1) Signs designating the name of the railroad which owns the bridge. 2) Signs designating the clearance provided (Section 9-112.1 and 9-112.2 of

the Code) by the bridge. 3) Public utility signs. 4) Signs required by the Code.




5) Signs required by the Illinois Vehicle Code. [625 ILCS 5]. 6) Signs, displays and devices giving specific information in the interest of

the traveling public erected and maintained by the Department or by the Illinois State Toll Highway Authority.

b) Signs thatwhich attempt or appear to attempt to direct the movement of traffic or

which contain wording, color or shape which is similar to official traffic control signs or other traffic control devices. (Section 9-112.2 of the Code)

c) Signs thatwhich contain oscillating, rotating, flashing, intermittent or moving

light or lights (Section 9-112.2 of the Code), except the following: 1) Signs giving public service information including but not limited to time,

weather, date and temperature (Section 6.02(a) of the Act) and multiple message signs with displays that change not more frequently than once every 10 seconds60 minutes.

2) Pole supported business or brand identification signs inside business areas

with constant illumination and color and in which the only movement is a slow rotation of the entire body of the sign so as to be visible from all directions. (Section 9-112.2 of the Code)

3) On premise signs which comply with Section 522.190(g).

d) Signs thatwhich are erected, painted or drawn upon trees, rocks or other natural

features. (Section 5 of the Act) e) Signs thatwhich are obsolete (i.e., advertises something that is no longer there),

abandoned (i.e., where no message or display appears for one year, unless such display advertises the availability of the sign), or structurally unsafe or in disrepair (Section 5 of the Act), unless such structural conditions may be repaired in accordance with the provisions of the Act, and the sign owner agrees in writing to make the repairs within 30 days after receipt of the notice to remove.

f) Signs thatwhich project beams or rays of light at the travelled way of a State

highway or cause such beams or rays to create glare or to impair the vision of a driver of any motor vehicle. (Section 6.02(b) of the Act)




g) Signs thatwhich are located within 1,000 feet of official traffic signs, signals, or devices and obscure or interfere with a driver's view of such sign, signal or device. (Section 6.03(a) of the Act)

h) Signs thatwhich are located within 1,000 feet of approaching, merging or

intersecting traffic and obscure or interfere with a driver's view of such traffic. (Section 6.03(a) of the Act)

i) Signs thatwhich require a permit for erection or registration under this Part and

for which no permit or registration has been issued. j) Signs thatwhich advertise activities that are illegal under Federal, State or local

law in effect at the location of those signs or activities. k) Signs (other than multiple message signs) thatwhich contain any animated or

moving parts. (Section 4.02(g) of the Act) l) Signs thatwhich violate airport hazard zoning regulations adopted by the

Department pursuant to the Airport Zoning Act. [620 ILCS 25]. (See Section 522.Illustration J.)

m) Signs erected adjacent to a scenic byway that is a primary or Interstate highway

after August 2, 1996, except those signs described in Sections 4.01, 4.02, 4.03, 4.06 and 4.08 of the Act. (Section 5(d) of the Act)


Section 522.160 Standards for Official Notices In addition to the standards set forth in Section 522.150, the following standards apply to religiousofficial notices, service club notices, and public service signs.

a) Service club and religious notices shall not exceed 8 square feet in area. b) Public service signs may be located only on school bus stop shelters thatwhich are

authorized by and are located at places approved by city, county or Statestate law, regulation or ordinance. Only safety slogans or messages may be displayed on the sign and such slogans or messages shall occupy not less than 50fifty percent of the sign area. The remaining 50fifty percent may contain only the identity of the donor, sponsor or contributor of the shelter. Such signs may not exceed




32thirty-two square feet in area. Not more than one sign on each shelter shall face in any one direction.


Section 522.175 Standards for Official Signs No standards other than those set forth in Section 522.150 of this Part shall apply to official signs.

(Source: Added at 30 Ill. Reg. 15792, effective October 1, 2006) Section 522.190 Standards for On Premise Signs In addition to the standards set forth in Section 522.150, the following standards shall apply to on premise signs located along Interstate highways outside business areas.

a) There may not be more than one such sign located more than 50 feet from the advertised activity designed to attract traffic proceeding in any one direction. (Section 4.03(a) of the Act)

b) No such sign visible to traffic and located more than 50 feet from the advertised

activity which displays any trade name referring to or identifying any service rendered or product sold, used or otherwise handled, may be permitted unless the name of the advertised activity is displayed as conspicuously as such trade name. This restriction does not apply if the trade name identifies or characterizes places for lodging, eating, telephone facilities, vehicle service and repair, or identifies vehicle equipment, parts, accessories, fuels, oils or lubricants being offered for sale at such places. (Section 4.03(b) of the Act)

c) No such sign which is located more than 50 feet from the activities conducted

upon the property where the sign is located may exceed 20 in length, width or height or 150 square feet in area, including border and trim, but excluding supports. (Sections 4.03(b) and (c) of the Act)

d) No such sign shall be erected or maintained by a lessee on property that is not

being leased for lessee's advertised activity. e) Such signs may be erected and maintained by persons who operate the business

which is advertised on property contiguous with the property where the advertised




activity is located as long as the parcels of land where the sign and business are located are owned by the same entity or person.

f) No such sign will be considered part of or contiguous with the premises on which

the advertised activity is conducted if its location, configuration, use or purpose indicates an attempt to circumvent the intent of the Act. Some examples of attempts to circumvent the intent of the Act include but are not limited to erecting signs on easements or narrow strips of land.

g) No such sign may be erected or maintained which contains, includes, or is

illuminated by any flashing, intermittent or moving light or lights except those which may be changed at reasonable intervals (see Section 522.20, "Multiple Message Sign") by electronic process or by remote control as long as these do not interfere with the effectiveness of an official traffic control device. (Section 4.03(ec) of the Act)





Section 522.ILLUSTRATION H Map of Highway Districts (Repealed)




(Source: Repealed at 30 Ill. Reg. 15792, effective October 1, 2006)




Section 522.ILLUSTRATION M District Offices and Counties District 1 201 West Center Court

Schaumburg IL 60196-1096 847/705-4411

Cook, DuPage, Kane, Lake, McHenry and Will

Boone, Carroll, Henry, JoDaviess, Lee, Ogle, Rock Island, Stephenson, Winnebago and Whiteside

District 2 819 Depot Avenue Dixion IL 61021-3500 815/284-5395

District 3 700 East Norris Drive

Ottawa IL 61350 815/434-8417

Bureau, DeKalb, Ford, Grundy, Iroquois, Kankakee, Kendall, LaSalle and Livingston

District 4 401 Main Peoria IL 61602 309/671-4460

Fulton, Henderson, Knox, Marshall, McDonough, Mercer, Peoria, Putman, Stark, Tazewell, Warren and Woodford

District 5 13473 IL Hwy. 133

P.O. Box 610 Paris IL 61944 217/466-7234

Champaign, DeWitt, Douglas, Edgar, McLean, Piatt and Vermilion




District 6 126 East Ash Springfield IL 62704-4792 217/782-7314

Adams, Brown, Cass, Christian, Hancock, Logan, Macoupin, Mason, Menard, Montgomery, Morgan, Pike, Sangamon, Schuyler and Scott

District 7 400 West Wabash Clark, Clay, Coles, Crawford, Effingham IL

62401 217/342-8261

Cumberland, Edwards, Effingham, Fayette, Jasper, Lawrence, Macon, Moultrie, Richland, Shelby, Wabash and Wayne

District 8 1102 EastPort Plaza

Collinsville IL 62234 618/346-3250

Bond, Calhoun, Clinton, Greene, Jersey, Madison, Marion, Monroe, Randolph, St. Clair and Washington

District 9 State Transportation

Building 2801 West Murphysboro P.O. Box 100 Carbondale IL 62903 618/351-5240

Alexander, Franklin, Gallatin, Hamilton, Hardin, Jackson, Jefferson, Johnson, Massac, Perry, Pope, Pulaski, Saline, Union, White and Williamson

(Source: Added at 30 Ill. Reg. 15792, effective October 1, 2006)


JOINT COMMITTEE ON ADMINISTRATIVE RULES

NOTICE OF PUBLICATION ERROR

DRYCLEANER ENVIRONMENTAL RESPONSE TRUST FUND COUNCIL OF ILLINOIS

1) Heading of the Part: Public Information 2) Code Citation: 2 Ill. Adm. Code 3100 3) Register citation of proposed rulemaking and other pertinent action: September 8, 2006;

30 Ill. Reg. 14395 4) Explanation: On #3 of the Proposed Notice Page listing the Section numbers,

"APPENDIX B" was inadvertently omitted before each "ILLUSTRATION". The Section numbers should state:

Section Numbers: Proposed Action: 3100.APPENDIX B ILLUSTRATION A Amended 3100.APPENDIX B ILLUSTRATION B Amended

3100.APPENDIX B ILLUSTRATION C Amended 3100.APPENDIX B ILLUSTRATION D Amended 3100.APPENDIX B ILLUSTRATION E Amended 3100.APPENDIX B ILLUSTRATION F Amended

JCAR regrets the error.


HEALTH FACILITIES PLANNING BOARD

NOTICE OF PUBLIC HEARING ON PROPOSED RULES

1) Heading of the Part: Hospital Basic Services Preservation Code 2) Code Citation: 77 Ill. Adm. Code 1270 3) Register Citation to Notice of Proposed Rules: 30 Ill. Reg. 14441; September 8, 2006 4) Date, Time and Location of Public Hearing:

October 12, 2006 10:00 a.m. Illinois Health Facilities Planning Board 100 W. Randolph Street, 6th Floor Conference Room #654 Chicago, IL 60601

5) Other Pertinent Information: None


JOINT COMMITTEE ON ADMINISTRATIVE RULES ILLINOIS GENERAL ASSEMBLY

STATEMENT OF RECOMMENDATION

TO EMERGENCY RULEMAKING

DEPARTMENT OF STATE POLICE

Heading of the Part: Child Murderer and Violent Offender Against Youth Registration Act Code Citation: 20 Ill. Adm. Code 1283 Section Numbers: 1283.10 1283.20 1283.30 Date Originally Published in the Illinois Register: 8/11/06

30 Ill. Reg. 13541 At its meeting on September 12, 2006, the Joint Committee on Administrative Rules considered the Department of State Police's emergency rule titled Child Murderer and Violent Offenders Against Youth Registration Act. JCAR recommended that the Department act as soon as possible to follow the statutory mandate that a separate Child Murderer and Violent Offenders Against Youth Registry be created. This emergency rule required that these offenders be included in the Sex Offender Registry as an interim measure. The agency should respond to this Recommendation in writing within 90 days after receipt of this Statement. Failure to respond will constitute refusal to accede to the Committee's Recommendation. The agency's response will be placed on the JCAR agenda for further consideration.




TO PROPOSED RULEMAKING

STATE FIRE MARSHAL

Heading of the Part: Fire Sprinkler Contractor Licensing Rules Code Citation: 41 Ill. Adm. Code 109 Section Numbers: 109.10 109.20 109.30 109.40 109.110 Date Originally Published in the Illinois Register: 10/14/05

29 Ill. Reg. 15410 At its meeting on September 12, 2006, the Joint Committee on Administrative Rules considered the above cited rulemaking and recommends that the Office of the State Fire Marshal retain the current rule requirement that an engineer give final approval to fire sprinkler system layout documents. JCAR also recommends that OSFM expand the rule to reflect the statutory addition of architects as persons also authorized to approve these documents.

The agency should respond to this Recommendation in writing within 90 days after receipt of this Statement. Failure to respond will constitute refusal to accede to the Committee's Recommendation. The agency's response will be placed on the JCAR agenda for further consideration.




TO EMERGENCY RULEMAKING

ELEVATOR SAFETY REVIEW BOARD

Heading of the Part: Illinois Elevator Safety Rules Code Citation: 41 Ill. Adm. Code 1000 Section Numbers: 1000.10 1000.20 1000.30 1000.40 1000.50 1000.60 1000.70 1000.80 1000.90 1000.100 1000.110 1000.120 1000.130 1000.140 1000.150 1000.160 1000.170 1000.180 Date Originally Published in the Illinois Register: 8/4/06

30 Ill. Reg. 13186 At its meeting on September 12, 2006, the Joint Committee on Administrative Rules considered the above cited emergency rulemaking and recommended that the Elevator Safety Review Board/Office of the State Fire Marshal, in the future, be more timely in promulgating rules to adhere to statutorily established deadlines. Emergency rules implementing the Elevator Safety and Regulation Act were adopted 8 months after the revised statute became law and, consequently, licensure and registration deadlines were missed. Additionally, JCAR recommends that the Board and the Office seek an amendment to the Act to extend the statutory limits on the opportunity to license by grandfathering. The agency should respond to this Recommendation in writing within 90 days after receipt of this Statement. Failure to respond will constitute refusal to accede to the Committee's Recommendation. The agency's response will be placed on the JCAR agenda for further consideration.





STATE UNIVERSITIES CIVIL SERVICE SYSTEM

Heading of the Part: State Universities Civil Service System Code Citation: 80 Ill. Adm. Code 250 Section Numbers: 250.110 Date Originally Published in the Illinois Register: 1/6/06

30 Ill. Reg. 108 At its meeting on September 12, 2006, the Joint Committee on Administrative Rules considered the above cited rulemaking and recommended that the State Universities Civil Service System seek legislation modifying Section 36o of the State Universities Civil Service Act [110 ILCS 70/36o] to permit statutory hearings to be conducted by a hearing officer instead of a hearing board. The agency should respond to this Recommendation in writing within 90 days after receipt of this Statement. Failure to respond will constitute refusal to accede to the Committee's Recommendation. The agency's response will be placed on the JCAR agenda for further consideration.





DEPARTMENT OF HEALTHCARE AND FAMILY SERVICES

Heading of the Part: Special Eligibility Groups Code Citation: 89 Ill. Adm. Code 118 Section Numbers: 118.500 Date Originally Published in the Illinois Register: 6/2/06

30 Ill. Reg. 9981 At its meeting on September 12, 2006, the Joint Committee on Administrative Rules considered the above cited rulemaking and recommended that HFS seek an amendment to 305 ILCS 5/1-11 to state that the 5-year waiting period for medical assistance does not apply to children under 19, as provided by 305 ILCS 5/12-4.35. While Section 12-4.35 supersedes Section 1-11, unless both statutes are read together, Section 1-11 could be misleading. Further, JCAR recommends that in future rulemakings HFS cite as its statutory authority the statute that specifically authorizes or underlies the program or change in rule and not its general rulemaking authority. The agency should respond to this Recommendation in writing within 90 days after receipt of this Statement. Failure to respond will constitute refusal to accede to the Committee's Recommendation. The agency's response will be placed on the JCAR agenda for further consideration.



STATEMENT OF OBJECTION TO

EMERGENCY RULEMAKING


Heading of the Part: Recipient's Property Code Citation: 59 Ill. Adm. Code 110 Section Number: 110.30 Date Originally Published in the Illinois Register: 8/11/06

30 Ill. Reg. 13527 At its meeting on September 12, 2006, the Joint Committee on Administrative Rules objected to the Department of Human Services using emergency rulemaking to amend Recipient's Property (59 Ill. Adm. Code 110; 30 Ill. Reg. 13527) because no emergency situation requiring immediate adoption of these amendments has been demonstrated. Failure of the agency to respond within 90 days after receipt of the Statement of Objection shall be deemed a refusal. The agency's response will be placed on the JCAR agenda for further consideration.



NOTICE OF PUBLIC INFORMATION PURSUANT TO 415 ILCS 5/7.2(b)

In this Notice of Public Information under Section 7.2(b) of the Illinois Environmental Protection Act (Act), 415 ILCS 5/7.2(b) (2006), the Board explains why it has extended until December 6, 2006, the deadline for adoption and filing of rules in the following consolidated identical-in-substance rulemaking: UIC Corrections, USEPA Amendments (July 1, 2005 through December 31, 2005, R06-16; RCRA Subtitle D Update, USEPA Amendments (July 1, 2005 through December 31, 2005 and August 1, 2005), R06-17; RCRA Subtitle C Update, USEPA Amendments (July 1, 2005 through December 31, 2005 and August 1, 2005), R06-18 (consolidated). The public comment period was scheduled to close June 5, 2006, 45 days after Illinois Register publication of the proposal on April 21, 2006. The Board first extended the public comment deadline in response to a May 18, 2006 request made by the Illinois Environmental Protection Agency (Agency). The Board granted the Agency motion by an order dated June 1, 2006, allowing the filing of public comments until June 30, 2006. The Board has now, on its own motion, adopted a second order on September 7, 2006, to extend the deadline for final adoption in this identical-in-substance rulemaking. The Board found that it will require more time than originally anticipated to review the comments filed by the Agency on June 30, 2006. The extension of the public comment period means the Board cannot meet its planned schedule for timely final rule adoption and filing, requiring an adoption extension for roughly the same period of time as the public comment extension. The original due date for filing this rulemaking with the Secretary of State's Index department was August 5, 2006 (one year after the earliest federal action that is included in the identical-in-substance update). The Board calculates that the earliest date by which it can complete this proceeding, allow for receipt of any comments from the United States Environmental Protection Agency, and file the adopted amendments with the Office of the Secretary of State is December 6, 2006.


STATE BOARD OF EDUCATION

NOTICE OF PROPOSED MODIFICATION TO PROPOSED RULEMAKING IN RESPONSE TO

OBJECTION OF THE JOINT COMMITTEE ON ADMINISTRATIVE RULES

1) Heading of the Part: School Food Service 2) Code Citation: 23 Ill. Adm. Code 305 3) Section Numbers: Action:

305.5 New Section 305.10 Amendment 305.15 Amendment 305.20 New Section 305.30 Amendment

4) Date Notice of Proposed Amendments was Published in the Register: January 6, 2006;

30 Ill. Reg. 86

5) Date JCAR Statement of Objection was Published in the Register: April 28, 2006; 30 Ill. Reg. 7983

6) Summary of Action Taken by the Agency: In response to the objection issued by the

Joint Committee, the State Board of Education proposes the following changes: • Establish the same standards for all grade levels subject to the rules (i.e., kindergarten

through grade 8); • Exclude snack chips from the regulations; • Eliminate the restriction on beverage serving size; • Regulate food sales only during non-meal times; • Remove the reference to trans-fatty acids, since information about their content is not

readily available on all food packaging; and • Eliminate the reference to Appendix B of the 2005 Dietary Guidelines for Americans,

which the field considered not useful, and rather incorporate low-fat yogurts, which are allowed under the guidelines, as a food choice not subject to restrictions.

In addition, a participating school (or a school district, in the case of a public school) may request an exemption from the nutrition standards for the 2006-07 school year if any existing contract does not allow the implementation of these requirements or, in the case of school buildings housing grade levels beyond grade 8, the food service facilities do not allow the participating school to distinguish between grade levels of grade 8 and below and those of grade 9 and above in the areas where food is sold.


STATE BOARD OF EDUCATION

NOTICE OF PROPOSED MODIFICATION TO PROPOSED RULEMAKING IN RESPONSE TO

OBJECTION OF THE JOINT COMMITTEE ON ADMINISTRATIVE RULES

The proposed changes would require the State Board to revisit the nutrition standards contained in the rules and initiate a rulemaking to align those with the statewide nutrition standards to be recommended by the School Wellness Policy Task Force. The task force's report is due in January 2007. Finally, the proposed changes would carry over the existing restrictions on the sale of certain food items in elementary schools during meal periods. In adopting a revised framework that generally focuses on sales outside of food service areas, staff did not want to eliminate the restrictions that have been in place since 1978 for sales during meal periods within elementary schools. Note to reader: The Joint Committee on Administrative rules voted to prohibit the filing of this rulemaking for adoption at its April 2006 meeting. Therefore, the proposed rule or any modifications to that rule may not be filed with the Secretary of State or enforced by the State Board of Education for any reason as long as the filing prohibition remains in effect.


DEPARTMENT OF HEALTHCARE AND FAMILY SERVICES

AGENCY RESPONSE TO JOINT COMMITTEE RECOMMENDATION ON EMERGENCY RULEMAKING

1) Heading of the Part: Special Eligibility Groups 2) Code Citation: 89 Ill Adm. Code 118 3) Section Number: Proposed Action: 118.500 Amendment 4) Date Originally Published in the Illinois Register: June 2, 2006; 30 Ill. Reg. 10129 5) JCAR Statement of Recommendation on Emergency Rulemaking Published in the

Illinois Register: June 30, 2006; 30 Ill. Reg. 11452 6) Summary of Action Taken by the Agency: In response to the JCAR recommendation

that HFS seek an amendment to 305 ILCS 5/1-11 to state that the 5-year waiting period for medical assistance does not apply to children under 19 as provided by 305 ILCS 5/12-4.35, the Department is willing to support an amendment to 305 ILCS 5/1-11 to add a cross reference to 305 ILCS 5/12-4.35 to clarify that the statute gives the Department authority to establish eligibility for noncitizen children by rule. In response to the recommendation that HFS cite the statute that specifically authorizes or underlies a program change in rule as its statutory authority rather than its general rulemaking authority, the Department will be more precise in future rulemakings.


JOINT COMMITTEE ON ADMINISTRTIVE RULES ILLINOIS GENERAL ASSEMBLY

SECOND NOTICES RECEIVED

The following second notices were received by the Joint Committee on Administrative Rules during the period of September 12, 2006 through September 18, 2006 and have been scheduled for review by the Committee at its October10, 2006 meeting in Chicago. Other items not contained in this published list may also be considered. Members of the public wishing to express their views with respect to a rulemaking should submit written comments to the Committee at the following address: Joint Committee on Administrative Rules, 700 Stratton Bldg., Springfield IL 62706. Second Notice Expires

Agency and Rule

Start Of First Notice

JCAR Meeting

10/25/06 Department on Aging, Community Care

Program (89 Ill. Adm. Code 240) 7/7/06

30 Ill. Reg. 11474

10/10/06

1027/06 Secretary of State, Regulations Under Illinois

Securities Law of 1953 (14 Ill. Adm. Code 130) 7/28/06

30 Ill. Reg. 12729

10/10/06

10/27/06 State Board of Elections, The Campaign

Financing Act (26 Ill. Adm. Code 100) 7/7/06

30 Ill. Reg. 11494

10/10/06

11/1/06 Department of Financial and Professional

Regulation-Division of Professional Regulation, Illinois Dental Practice Act (68 Ill. Adm. Code 1220)

7/28/06 30 Ill. Reg. 12633

10/10/06

11/1/06 Teachers' Retirement System, The Adminis-

tration and Operation of the Teachers' Retirement System (80 Ill. Adm. Code 1650)

7/28/06 30 Ill. Reg. 12731

10/10/06

State Board of Education, School Food Service (23 Ill. Adm. Code 305; 30 Ill. Reg. 86) will be on the October 10, 2006 agenda.


PROCLAMATIONS

2006-312 KIDS DAY AMERICA/INTERNATIONAL

WHEREAS, a child's welfare is the foremost concern of every parent in and around the world;

and WHEREAS, for that reason, Kids Day America/International was established by Chiropractors

to educate families and communities throughout the world about social issues that concern children's welfare, including health, safety, and the environment. Chiropractors achieve that by addressing drug and health issues, bicycle and fire safety, recycling, and many other important topics; and

WHEREAS, additionally, with the help and support of thousands of local dentists, county

sheriff and police personnel, and photographers who all volunteer their time, every child that attends Kids Day has the opportunity to create and complete a Child Safety ID Card; and

WHEREAS, to date, more than 2,000 communities, and nearly 3 million children and their

parents, have participated in this event; and WHEREAS, this year, the 12th annual Kids Day event will be hosted on September 16, 2006: THEREFORE, I, Rod R. Blagojevich, Governor of the State of Illinois, do hereby proclaim September 16, 2006 as KIDS DAY AMERICA/INTERNATIONAL in Illinois in support of the commendable campaign by Kids Day and the Walton Clinic to protect our children so they can grow and succeed as all parents dream. Issued by the Governor on September 12, 2006. Filed by the Secretary of State September 12, 2006.

2006-313

BLOOD COLLECTORS WEEK WHEREAS, approximately four million patients in the United States receive blood

transfusions every year, and roughly 38,000 units of blood are required in hospitals and emergency treatment facilities on any given day; and

WHEREAS, unfortunately, blood donations often fall short of demand. While approximately

eight million volunteers donate blood every year, just one trauma patient can use more than 100 units of blood, and donated blood has a shelf life of only 42 days; and


PROCLAMATIONS

WHEREAS, less than 5 percent of the eligible population actually donates blood, and community blood centers rely 100 percent on donations from volunteer donors in order to maintain a safe and viable blood supply; and

WHEREAS, even if volunteers donated blood regularly, donors can give only one unit of blood

every eight weeks. Consequently, there is a continual need to recruit more donors; and

WHEREAS, each year, members of the Illinois Coalition of Community Blood Centers collect

more than 570,000 blood donations to care for patients in 175 hospitals in 71 Illinois counties; and

WHEREAS, the Coalition's nearly 1,500 blood collection professionals in Illinois are the

responsible stewards of this blood supply: THEREFORE, I, Rod R. Blagojevich, Governor of the State of Illinois, do hereby proclaim September 17-23, 2006 as BLOOD COLLECTORS WEEK in Illinois, and encourage all eligible donors to open their hearts this month by giving blood and to pay tribute to those among us who spend each day dedicated to ensuring an adequate blood supply. Issued by the Governor on September 12, 2006. Filed by the Secretary of State September 12, 2006.

2006-314

OPERATION SNOWBALL MONTH WHEREAS, Operation Snowball is a program that encourages kids to stay substance-free by

providing them with interactive group sessions; and WHEREAS, over 50,000 kids participate in Operation Snowball, which is partnered with the

Illinois Alcoholism and Drug Dependence Association. Operation Snowball currently has 140 chapters and is continually expanding; and

WHEREAS, the program focuses on prevention messages that aim primarily at the high school

age because many students of this age understand the idea behind prevention. Group learning sessions present facts about drug and alcohol use and help students to develop their own ideas about substances before they are faced with situations in their future lives; and

WHEREAS, Operation Snowball is continually expanding to include people of all ages into

their program by creating Snowflakes for junior high students and Snowflurries for elementary students. These programs teach kids the importance of living a


PROCLAMATIONS

substance-free lifestyle at an early age. There is also Segues for college students and Blizzards for families, helping to serve as role models for the younger children; and

WHEREAS, Operation Snowball gives young adults the opportunity to enhance their

leadership skills as well as maintain their substance-free lifestyle by mentoring younger children and motivating them to live by the same standards:

THEREFORE, I, Rod R. Blagojevich, Governor of the State of Illinois, do hereby proclaim October 2006 as OPERATION SNOWBALL MONTH and encourage all youth and young adults to maintain a healthy, substance-free lifestyle. Issued by the Governor on September 12, 2006. Filed by the Secretary of State September 12, 2006.

2006-315

WORLD'S LARGEST ICE CREAM SOCIAL DAY WHEREAS, the Make-A-Wish Foundation was established in 1980 when they helped a little

boy named Chris Greicius realize his heartfelt wish to become a police officer; and

WHEREAS, Cold Stone Creamery and the Make-A-Wish Foundation have partnered in a

large-scale fund-raising effort, the World's Largest Ice Cream Social, that will give a free serving of ice cream to anyone that makes a donation toward the Make-A-Wish Foundation; and

WHEREAS, for the past four years, the partnership of Cold Stone Creamery and the Make-A-

Wish Foundation has raised a total of $1.8 million dollars, which has resulted in hundreds of wishes being granted across the country; and

WHEREAS, throughout their 25 years of existence, the Make-A-Wish Foundation has

continued to fulfill their noble mission with the motto, "We grant the wishes of children with life-threatening medical conditions to enrich the human experience with hope, strength, and joy"; and

WHEREAS, there is a network of more than 25,000 volunteers giving their time to the Make-

A-Wish Foundation in an effort to serve children with life-threatening conditions. Among many other functions, the volunteers serve as wish granters, fund raisers, and special events assistants; and


PROCLAMATIONS

WHEREAS, more than 127,000 children worldwide have been able to experience their wishes because of the many efforts put forth by the volunteers of the Make-A-Wish Foundation; and

WHEREAS, the State of Illinois is pleased to join the Cold Stone Creamery and the Make-A-

Wish Foundation, as they host "World's Largest Ice Cream Social" on September 28, 2006:

THEREFORE, I, Rod R. Blagojevich, Governor of the State of Illinois, do herby proclaim September 28, 2006 as WORLD'S LARGEST ICE CREAM SOCIAL DAY in Illinois, and encourage all citizens to visit one of the 1,400 Cold Stone Creamery locations to help support the wonderful efforts put forth by the Make-A-Wish Foundation. Issued by the Governor on September 13, 2006. Filed by the Secretary of State September 13, 2006.

2006-316

Pork Month WHEREAS, each year the Illinois pork industry contributes more than $1.9 billion to the

economy and provides nearly 18,500 jobs. Illinois currently ranks 4th among all states in pork production, producing 1.73 billion pounds of pork annually; and

WHEREAS, great strides have been made in the pork industry through innovative

advancements in genetics, production and management, resulting in an economical and nutritious product for today's consumers. The Illinois Pork Producers Association is recognized for their support in research advancing the quality of pork production and products, educating the public on issues effecting the pork industry and promoting pork in all markets; and

WHEREAS, Illinois Pork Producers provide leadership to all those in agriculture as true

stewards of the land, striving to preserve those resources they rely on for their livelihood:

THEREFORE, I, Rod R. Blagojevich, Governor of the State of Illinois, do hereby proclaim October 2006 as PORK MONTH in Illinois, and join in celebrating the many successes of Illinois Pork Producers in this state. Issued by the Governor on September 15, 2006. Filed by the Secretary of State September 15, 2006.


PROCLAMATIONS

2006-317 THE MONTH OF THE YOUNG ADOLESCENT

WHEREAS, the early years of adolescence are usually some of the most difficult in our lives;

and WHEREAS, during early adolescence, we undergo extensive mental and physical changes that

often create behavioral problems; and WHEREAS, common characteristics of social behavior include irritability, mood swings,

depression, and combativeness; and WHEREAS, by raising awareness, we can help young adolescents and others avoid the pitfalls

that only aggravate those and other behavioral problems that develop during the sensitive, yet formative years of early adolescence; and

WHEREAS, while early adolescence can be a time of great trial, it is also a period of

tremendous growth. The mistakes made then can be valuable lessons learned that lead to maturity; and

WHEREAS, as part of an effort to raise awareness, the National and Illinois Associations of

Middle-Level Schools annually observes October as The Month of the Young Adolescent:

THEREFORE, I, Rod R. Blagojevich, Governor of the State of Illinois, do hereby proclaim October 2006 as THE MONTH OF THE YOUNG ADOLESCENT in Illinois, and join the National and Illinois Associations of Middle-Level Schools in promoting education about early adolescence. Issued by the Governor on September 15, 2006. Filed by the Secretary of State September 15, 2006.

2006-318

CHIROPRACTIC HEALTHCARE MONTH WHEREAS, every year, more than 30 million Americans throughout the country, including 2

million in Illinois, visit chiropractors, who locate and help correct joint and spinal problems; and

WHEREAS, the U.S. Bureau of Labor Statistics reports that work-related illnesses and

musculoskeletal injuries surpassed 4.2 million incidents in 2004, accounting for 32 percent of all injuries requiring employees to take days off from work at an


PROCLAMATIONS

estimated cost of more than $150 billion a year in worker's compensation costs; and

WHEREAS, chiropractic physicians have long stressed that exercise, good posture, and

balanced nutrition are essential to proper growth, development, and health maintenance; and

WHEREAS, Illinois chiropractic physicians are dedicated to protecting and promoting patient

rights, the practice of chiropractic medicine, and fostering the growth of chiropractic through ongoing training and a commitment to safe and ethical practice; and

WHEREAS, this October, chiropractic organizations will sponsor events for chiropractors to

meet and learn about the best techniques and practices in the profession today: THEREFORE, I, Rod R. Blagojevich, Governor of the State of Illinois, do hereby proclaim October 2006 as CHIROPRACTIC HEALTHCARE MONTH in Illinois to raise awareness about chiropractic care, and to promote chiropractors as an important part of the health and well-being of citizens. Issued by the Governor on September 15, 2006. Filed by the Secretary of State September 15, 2006.

2006-319

NATIONAL ELEVATOR ESCALATOR SAFETY AWARENESS WEEK

WHEREAS, the week of November 12-18, 2006 has been declared National Elevator Escalator Safety Awareness Week; and

WHEREAS, the purpose of this week is to increase public awareness of the safe and proper use

of elevators, escalators, and moving walkways; and WHEREAS, the goal of this week is to reduce avoidable accidents through education and

awareness; and WHEREAS, the elevator industry greatly contributes to the quality of life: THEREFORE, I, Rod R. Blagojevich, Governor of the State of Illinois, do hereby proclaim November 12-18, 2006 as NATIONAL ELEVATOR ESCALATOR SAFETY AWARENESS WEEK in Illinois. Issued by the Governor on September 18, 2006.


PROCLAMATIONS

Filed by the Secretary of State September 18, 2006.

2006-320 DOMESTIC VIOLENCE AWARENESS MONTH

WHEREAS, domestic violence is a serious prevalent social problem in Illinois that not only

negatively affects the victim, but also affects the victim's family, friends, and community at large. The violence knows no boundaries. It exists in all neighborhoods, in all cities in Illinois. It has no racial barriers, no economic barriers, and no social barriers; and

WHEREAS, domestic violence is more than the occasional family dispute. Of all female

murder victims, over 60% are killed by their husbands or partners. Approximately 1,700 domestic violence homicides occur every year in the U.S.; and

WHEREAS, in Illinois alone, there are approximately 125,000 domestic crimes each year; and WHEREAS, healthcare expenses from domestic violence total about $4.1 billion annually; and WHEREAS, businesses forfeit at least $5.8 billion annually in lost wages due to sick leave,

non-productivity and absenteeism related to domestic violence; and WHEREAS, a workplace study of the incidence of domestic violence indicated that about 15%

of all employees had been physically abused in the last year; and WHEREAS, the Illinois Department of Human Services funds 66 multi-service domestic

violence programs throughout the state offering at no cost to the victim 24-hour crisis hotlines, counseling and advocacy, legal assistance, children's services and shelter and supports services to perpetrators to reduce and prevent violence; and

WHEREAS, the Illinois Department of Human Services is dedicated to assisting Illinois

residents in living free from domestic violence, promoting prevention and working in partnership with communities in advancing equality, dignity and respect for all; and

WHEREAS, October has been designated as Domestic Violence Awareness Month; and WHEREAS, domestic violence services providers have planned special awareness and

prevention activities for October in an effort to educate Illinois residents:


PROCLAMATIONS

THEREFORE, I, Rod R. Blagojevich, Governor of the State of Illinois, do hereby proclaim October 2006 as DOMESTIC VIOLENCE AWARENESS MONTH in Illinois, and encourage all citizens of the state to observe this month by becoming aware of the tragedy of domestic violence, and supporting the efforts and activities of the Illinois Department of Human Services and domestic violence service providers to prevent domestic violence. Issued by the Governor on September 18, 2006. Filed by the Secretary of State September 18, 2006.

2006-321

PUBLIC LANDS DAY

WHEREAS, state treasures such as Lake Michigan, the Cahokia Mountains, and the Great Mississippi River ought to be preserved and protected for all of us, our children, and future generations to share and enjoy; and

WHEREAS, for that reason, Americans throughout the country will team up to celebrate Public

Lands Day on September 30; and WHEREAS, this innovative event attracts volunteers of all ages to give their time restoring and

enhancing America's federal, state, and local public lands, including forests, lakes, parks, recreation areas, refuges, and wildlife habitats; and

WHEREAS, the National Environmental Education and Training Foundation works with local,

state, and federal land management agencies to coordinate Public Lands Day; and WHEREAS, this year, it is anticipated that more than 100,000 Americans will volunteer and

more than $12 million in needed improvements will be completed at over 1,000 sites throughout the country:

THEREFORE, I, Rod R. Blagojevich, Governor of the State of Illinois, do hereby proclaim September 30, 2006 as PUBLIC LANDS DAY in Illinois in support of the worthy efforts to preserve and protect the beauty and splendor of nature, which we share with all living creatures and life-forms. Issued by the Governor on September 18, 2006. Filed by the Secretary of State September 18, 2006.

ILLINOIS ADMINISTRATIVE CODE Issue Index - With Effective Dates Rules acted upon in Volume 30, Issue 39 are listed in the Issues Index by Title number, Part number, Volume and Issue. Inquires about the Issue Index may be directed to the Administrative Code Division at (217) 782-7017/18.

PROPOSED RULES 80 - 310 ..............................15240 14 - 528 ..............................15316 35 - 885 ..............................15345 35 - 742 ..............................15366 86 - 130 ..............................15555 80 - 1540 ..............................15580 ADOPTED RULES 35 - 365 09/18/2006..............................15590 89 - 121 09/12/2006..............................15681 17 - 590 09/18/2006..............................15694 35 - 1600 09/15/2006..............................15756 2 - 552 09/18/2006..............................15786 92 - 522 10/01/2006..............................15792 PUBLIC HEARINGS ON PROPOSED RULES 77 - 1270 ..............................15824 JOINT COMMITTEE ON ADMINISTRATIVE RULES STATEMENTS OF RECOMMENDATION 20 - 1283 ..............................15825 41 - 109 ..............................15826 41 - 1000 ..............................15827 80 - 250 ..............................15828 89 - 118 ..............................15829 JOINT COMMITTEE ON ADMINISTRATIVE RULES STATEMENTS OF OBJECTION 59 - 110 ..............................15830 EXECUTIVE ORDERS AND PROCLAMATIONS 06 - 313 09/12/2006..............................15836 06 - 312 09/12/2006..............................15836 06 - 314 09/12/2006..............................15837 06 - 315 09/13/2006..............................15838 06 - 316 09/15/2006..............................15839 06 - 318 09/15/2006..............................15840 06 - 317 09/15/2006..............................15840 06 - 319 09/18/2006..............................15841 06 - 320 09/18/2006..............................15842 06 - 321 09/18/2006..............................15843 OTHER INFORMATION REQUIRED BY LAW TO BE PUBLISHED IN THE ILLINOIS REGISTER 2 - 3100 ..............................15823 23 - 305 ..............................15832 89 - 118 ..............................15834

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Volume 30 Issue 39 September 29, 2006 Pages...

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