Ill. Admin. Code tit. 35 § 741.135

Current through Register Vol. 48, No. 38, September 20, 2024

Section 741.135 - Allocation Factors

In determining proportionate shares under this Part, the Board will consider any or all factors related to the degree to which the performance or costs of a response result from a person's proximate causation of or contribution to the release or substantial threat of a release. These factors include the following:

a) The volume of regulated substances or pesticides for which each person is responsible;

b) Consistent with the provisions of 35 Ill. Adm. Code 742 and the remediation of the site in a manner consistent with its current and reasonably foreseeable future use, the degree of risk or hazard posed by the regulated substances or pesticides contributed by each person;

c) The degree of each person's involvement in any activity that proximately caused or contributed to the release or substantial threat of a release of regulated substances or pesticides; and

d) Any other factors relevant to a person's proportionate share.

Ill. Admin. Code tit. 35, § 741.135