Public Act 096-0908 Fact Sheet 2

Required Expanded Use of TACO

What elements of TACO does Senate Bill 3320/Public Act 096-0908 require to be used?

For the purpose of payment from the Underground Storage Tank (UST) Fund, corrective action activities required to meet the minimum requirements of Title XVI shall include, but not be limited to, the following use of the Tiered Approach to Corrective Action Objectives (TACO) rules adopted under Title XVII of the Environmental Protection Act:

  • For the site where the release occurred, the use of Tier 2 remediation objectives that are no more stringent than Tier 1 remediation objectives.
  • The use of industrial/commercial property remediation objectives, unless the owner or operator demonstrates that the property being remediated is residential property or being developed into residential property.
  • The use of groundwater ordinances as institutional controls.
  • The use of on-site groundwater use restrictions as institutional controls.

What documentation must be provided to demonstrate that the property being remediated is residential or is being developed into residential property?

A tax bill, a lease agreement, or actual construction plans with building permit are among the documents that may be used to demonstrate that a site is currently or will be developed into residential property. Documentation showing that the property is zoned residential is not sufficient to demonstrate that it is being used as residential property or being developed for use as residential property.

Are the remediation objectives for the construction worker population considered part of the industrial/commercial property remediation objectives?

Yes, construction worker remediation objectives are listed within the look-up table at 35 Ill. Adm. Code 742.Appendix B.Table B and are considered part of the industrial/commercial property remediation objectives. Therefore, for purposes of payment from the UST Fund, if the remediation objective for the construction worker population is less than the industrial/commercial remediation objective (be it either Tier 1 for off-site properties or Tier 2 for on-site property), payment from the UST Fund will be approved for eligible corrective action costs to achieve compliance with such remediation objective.

If the highway authority refuses to enter into a highway authority agreement, will payment from the UST Fund be approved for costs associated with remediation of soil contamination beneath the roadway?

Yes, payment from the UST Fund will be approved for eligible corrective action costs to achieve compliance with the remediation objectives—including the soil component of the groundwater ingestion exposure route—for said highway. However, in an effort to save UST Fund expenditures, it is encouraged that the highway authority be approached and requested to sign a highway authority agreement.

Does the required use of an on-site groundwater use restriction apply to off-site properties?

No, the required use of an on-site groundwater use restriction applies to the site where the release occurred.

If groundwater contamination is measured or modeled off-site, can the property where the release occurred be remediated to the extent that contamination will not measure or model off-site?

Such determinations are made on a case-by-case basis. Generally, in a non-ordinanced area, on-site contamination may be remediated, and payment from the UST Fund approved for eligible and reasonable costs of such remediation, to the extent that contamination will not measure or model off-site. For purposes of payment from the UST Fund, an on-site groundwater use restriction would be required for the property where the release occurred. In an ordinanced area, payment from the UST Fund would not be approved for groundwater remediation, as the groundwater ordinance (with notifications) must be used.

Who should I contact if I have questions?

You may contact the project manager on call in the Leaking UST Section by dialing 217-524-3300 or toll-free 888/299-9533

This fact sheet is for general information only and is not intended to replace, interpret, or modify laws, rules, or regulations.

August 2010