When an ordinance is used as an institutional control the UST owner or operator must notify the owner of each parcel of property under which the groundwater exceeds the applicable groundwater remediation objectives. The model Notice is an example of a letter that contains the information such a notification must contain. This model is provided for information purposes only and its use is not required at all sites. Owners or operators may propose to use another notification that satisfies the requirements of 35 Ill. Adm. Code 742.1015(c).
All persons wishing to use an ordinance as an institutional control must submit a copy of their proposed notification as part of their request to use the ordinance as an institutional control. Please refer to 35 Ill. Adm. Code 742.1015(b) for the information a request for approval of an ordinance must contain. The Illinois EPA will review each notification it receives to determine whether it contains the required information.
The model notification is provided only as a guide for persons who must give the notification set forth in 35 Ill. Adm. Code 742.1015(c). Use of the model notification does not guarantee satisfaction of the requirements of 35 Ill. Adm. Code 742.1015 or approval of the notification by the Illinois EPA. Each notification submitted to the Illinois EPA will be reviewed and approved or disapproved based upon the applicable regulations and site-specific circumstances. Notifications other than this model may be acceptable as long as they are appropriate for the site and satisfy the requirements of 35 Ill. Adm. Code 742.1015(c).