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Highway Authority Agreement

An agreement with a highway authority may be used as an institutional control where the requirements of 35 Illinois Administrative Code (35 Ill. Adm. Code) 742.1020(b) and (c) are met and the Illinois EPA has determined that no further remediation is required as to the property(ies) to which the agreement is to apply. Highway Authority Agreements (HAA) submitted to the Illinois EPA, 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 document in 35 Ill. Adm. Code 742.Appendix D.

All persons wishing to use an HAA as an institutional control must submit a copy of the fully executed agreement with their corrective action plan. The Illinois EPA will review each agreement it receives to determine whether the agreement may be used as an institutional control.

Use of the document does not guarantee satisfaction of the requirements of 35 Ill. Adm. Code 742.1020 or approval of the HAA by the Illinois EPA. Each HAA submitted to the Illinois EPA will be reviewed and approved or disapproved based upon the applicable regulations and site-specific circumstances.