§741.135. Allocation Factors  


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  • 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.