Environmental Progress - Summer/Fall 2002

Environmental Progress : Summer/Fall 2002

Illinois EPA Inspects NFR Sites

Formalizes ongoing visitations

In 1997, the Illinois EPA began using the Tiered Approach to Corrective Action Objectives, or TACO, to establish appropriate cleanup levels at remediation sites that are protective of human health and the environment. TACO is a risk-based approach that allows the use of institutional controls and engineered barriers, while taking into consideration land use, when establishing remedial levels. In most cases, this results in a more cost-effective and quicker remediation. This allows more sites, especially abandoned or under-used properties, to be returned to productive use in a timely manner.

The IEPA periodically inspects sites to ensure that protective barriers, such as roadways and parking lots, remain intact.

Many cleanups performed under the oversight of the Illinois EPA, such as the Site Remediation Program and the Leaking Underground Storage Tank program, utilize TACO to establish remediation objectives. The ultimate goal is the issuance of a No Further Remediation (NFR) letter or some other confirmation that cleanups are complete. The NFR letters contain site-specific terms and conditions that may include land use restrictions (such as the site remaining industrial/commercial), prohibition of the use of groundwater (such as on-site groundwater use restriction or groundwater ordinances approved by the local village or city) and engineered barriers (asphalt, concrete cover, buildings, etc.). All NFR letters are required to be recorded on the property title. The integrity of the NFR letters hinge on the long-term assurance that the terms and conditions of the NFR letter are maintained.

Formal Inspections

The Illinois EPA recently began formal inspection of selected sites to verify that terms and conditions of the NFR letters have been maintained. Of the 166 sites inspected, only seven problems were identified with violations of NFR conditions. The problems consisted of such things as deteriorating and absent parking lots that were intended to serve as barriers to inhibit ingestion or inhalation of contaminants. The Illinois EPA notified the property owners of the violations and instructed the owners to make the required repairs.

While the verification of compliance with NFR letters has recently been formalized by the agency, regional inspectors across the state have been conducting ongoing inspections of these sites as part of their regular duties. The Illinois EPA also plans to re-inspect the non-compliant sites to determine if repairs are adequate.

While the Agency primarily relies on market forces (real-estate) to ensure that terms and controls are followed, it may also use its enforcement authorities where market pressures do not bring necessary protection of human health and the environment.

As part of its overall efforts to ensure compliance, the Illinois EPA has initiated a title review of select sites. Chains of title are being reviewed to verify that conditions in the NFR letters are still in effect. Highway Authority Agreements, Environmental Land Use Controls and groundwater ordinances are also periodically verified.