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 Illinois EPA. An HAA MOA may be used as an institutional control where the requirements of 35 Illinois Administrative Code (35 Ill. Adm. Code) 742.1020(h) and (i) 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. HAA MOAs submitted to the Illinois EPA must match the form and contain the same substance, except for variable elements, as the model in 35 Ill. Adm. Code 742.Appendix E.
All persons wishing to use an HAA MOA 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.
The model HAA MOA is provided only as a guide for persons using an HAA MOA as an institutional control pursuant to 35 Ill. Adm. Code 742.1020. Use of the model document does not guarantee satisfaction of the requirements of 35 Ill. Adm. Code 742.1020 or approval of the HAA MOA by the Illinois EPA. Each HAA MOA submitted to the Illinois EPA will be reviewed and approved or disapproved based upon the applicable regulations and site-specific circumstances.